Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2022 09.06 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,September 6,2022 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. 22-535 Consideration of acceptance of agenda. Sponsors: Jennifer Pena 2. 2 -536 Consideration of approval of minutes of the regular meeting of August 16, 2022. Sponsors: Jennifer Pena Attachments: CCMIN 2022.08.16 MINUTES 3. 22-473 Consideration of approval of Resolution No. 22-30, an intergovernmental agreement with the City of Apache Junction and the Town of Gilbert for cooperative law enforcement training operations. Sponsors: Michael Pooley Attachments: Memo-AJPU-GILBERT PU IGA-TRAINING ACADEMY ims Resolution 22-30 IGA with GPI3-Basic Training 4. 22-431 Consideration of approval of purchase of firearms from ProForce-Law Enforcement in the amount of$95,357.09. Sponsors: Michael Pooley Attachments: Memo-Firearms Quote ProForce-Firearms City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 City Council Meeting Agenda September 6,2022 5. 22-5K09 Consideration of approval cf Resolution No. 22-35a resolution nfthe mayor and city council of the City of Apache Junction, Arizona, consenting to the assignment of certain developer rights and obligations under the District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2. Sponsors: Lmo|ieOmReohe Attachments: DRAFT SVCFD No.2-Amended and Restated QFQ Develop 6' 22-522� Consideration of approval of Resolution No. 22-32a resolution nfthe mayor and city council of the City of Apache Junction, Arizona, for the city to enter into an intergovernmental agreement with Rna| County Flood Control District for the planning and design for the VVaekan Wash Regional Multi-Purpose 8tormvvutar Detention Facility flood control project. Sponsors: Emile Schmid Attachments: Pinal County Flood Control District Exhibit A Resolution No.22-32 7, 22-550 Consideration of approval uf the procurement of new and replacement fleet vehicles and accessories budgeted for the current fiscal year utilizing the cooperative contract with the State nf Arizona Contract Numbers CTRO5Q322. CTR080864 and CTR041810 for atotal purchase of$1.457.55O.00. Sponsors: BhanG|oav* Attachments: General Fund Vehicles FY 22-23 8. 22-567 Consideration of approval to dedicate the Prospector Park Softball Complex toformer Parks and Recreation Dinaotor, Jeff Bell. Sponsors: LizLangonbaoh Attachments: Staff Memo-Jeff Bell Dedication Park Nao2jog Resolution Park Nanninq Policy 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 u/ donated funds are permitted at this time. City vr Apache Junction,Arizona Page Printed onmx112022 City Council Meeting Agenda September 6,2022 9. 22-562 Proclamation designating the week of September 17 through September 23, 2022, as"Constitution Week." Sponsors: Jennifer Pena Attachments: 2022 Constitution Week Sent 17-23 F. REGIONAL INTERGOVERNMENTAL UPDATES The mayor or any member of council may at this time present a brief summary of any regional intergovernmental updates. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. 10. 22-537 Brief summary of intergovernmental updates from mayor and councilmembers. Sponsors. Chip Wilson G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 11. 22-538 City Manager's Report. Sponsors. Bryant Powell 12. 22-539 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. 22-533 Consideration of application for a new Series 12 Restaurant Liquor License for Tumbleweed Grill & Bar located at 725 W Apache Trail, #2A, Apache Junction,AZ. The next step in the process is for the 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. Sponsors: Jennifer Pena Attachments: Memo to Council 9.06.2022 Application-Redacted Public Safety Inspection Building Inspection Approval Planning Inspection Approval SFMD Inspection City of Apache Junction,Arizona Page 3 Printed on 813112022 City Council Meeting Agenda September 6,2022 14. 22-568 Presentation, discussion, public hearing and consideration of Ordinance No. 1527, case P-22-65-PZ, a proposed rezoning of the southern portion of parcel 103-21-019A, located at the northeast corner of S. Starr Road and E. Old West Highway, from P1 ("Public and Institutional")to RS-GR("General Rural Low Density Single-Family Detached Residential")to facilitate a land split with the intent to sell. Sponsors. Sidney Urias Attachments: P-22-65-PZ CC Memo P-22-65-PZ Ord. No. 1527 P-22-65-PZ Staff Report P-22-65-PZ-Narrative(CrossroqosBa fist Church-2001 S.Ste P-22-65-PZ-Land Division Map(Crossroads Baptist Church-2C P-22-65-PZ-Public Participation Plan (Crossroads Baptist Chur( 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. 15. 22-523 Presentation and discussion on PW 22-18 Trash and Recycle Material for city-owned facilities. Sponsors: Heather Hodgman Attachments: City Council Memo-P_W22-18 Trash and_Recycle Material HEATHER-PW 22-18 Re ublic Services Si ned A regiment City of Apache Junction,Arizona Page 4 Printed on 813112022 City Council Meeting Agenda September 6,2022 16. 22-566 Presentation and discussion of case P-22-29-PZ, a proposed rezoning of parcels 101-13-1080 and 101-11-0210 located at the southeast corner of Rennick Drive and Virginia Street from RS-GR ("General Rural Low Density Single-Family Detached Residential")to RM-2 ("High Density Multiple-Family Residential")for the development of the proposed 124-unit multi-family residential apartment community tentatively known as "The Enclave on Rennick,"and the south 76' of Parcel 101-13-1080 to B-2"Old West Commercial." Sponsors: Nicholas Leftwich Attachments: P-22-29-PZ Work Session Staff Memo P-22-29-PZ Staff Repo . Exhibit 1, Project Narrative Exhibit 2, Site Plan Exhibit 3. Neighborhood Zoning Aerial Exhibit 4, Landscape Plans Exhibit 5. Elevations and Floor Plans Exhibit 6, Public Participation Re ort Exhibit 7,Traffic Impact Statement P-22-29-PZ Ngjghh orhood Petition 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 17. -540 Executive Session at 6:00 P.M. for Monday, September 19, and Tuesday, September 20, 2022, in the city council conference room located at 300 E Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Sponsors: Jennifer Pena M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business.All speakers must have already submitted a written `Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker, 2)ask the city manager to review a matter;3) ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three(3)minute time limit per speaker. City of Apache Junction,Arizona Page 5 Printed on 813112022 City Council Meeting Agenda September 6,2022 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 813112022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 1. File ID: 22-535 Sponsor:Jennifer Pena Agenda Date:9/6/2022 Index: In Control: City Council Meeting Consideration of acceptance of agenda. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.2. File ID: 22-536 Sponsor:Jennifer Pena Agenda Date:9/6/2022 Index: In Control: City Council Meeting Consideration of approval of minutes of the regular meeting of August 16, 2022. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 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,August 16,2022 7:00 PM City Council Chambers A. CALL TO ORDER Mayor Wilson called the meeting to order at 7:01 p.m. B. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Rizzi gave the invocation and Councilmember Nesser led the meeting attendees in the Pledge of Allegiance. C. ROLL CALL Present: 7- Mayor Wilson Vice Mayor Rizzi Councilmember Evans Councilmember Heck Councilmember Johnson Councilmember Nesser Councilmember Schroeder Staff in Attendance: Bryant Powell, City Manager Matt Busby, Assistant City Manager Joel Stern, City Attorney Jennifer Pena, City Clerk Evie McKinney, Deputy City Clerk Michael Pooley, Police Chief Commander Johnny John Leslie DeReche, Finance Director Al Bravo, Public Information Officer Rudy Esquivias, Development Services Director Liz Langenbach, Parks& Recreation Director Kelsey Schattnik, Planner D. CONSENT AGENDA Vice Mayor Rizzi moved,seconded by Councilmember Evans to approve the Consent Agenda. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 City of Apache Junction,Arizona Page 1 City Council Meeting Meeting Minutes August 16,2022 1. 22-513 Consideration of acceptance of agenda. 2. 22-514 Consideration of approval of minutes of the regular meeting of August 2, 2022. 3. 22-395 Consideration of approval of Resolution No. 22-16, designating the City of Apache Junction as a Destination Marketing Organization for the purpose of coordinating tourism promotion with the Arizona Office of Tourism. 4. 22-419 Consideration of approval 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 $24,334.00, and appointment of Councilmember Peter Heck as the City of Apache Junction representative to the GPEC Board of Directors. 5. 22-468 Consideration of approval on proposed Resolution No. 22-28, authorizing the City of Apache Junction to enter into an intergovernmental agreement with Arizona Department of Transportation for federal funds in the amount of$2,436,000.00 for street light improvements on Apache Trail from Palo Verde Drive to State Route 88 and on Superstition Boulevard from Meridian Drive to State Route 88. 6. 22-470 Consideration of approval on proposed Resolution No. 22-29, authorizing the City of Apache Junction to enter into an intergovernmental agreement with Arizona Department of Transportation for federal funds in the amount of$1,900,477.00 for the installation of paved shoulders and rumble strips on Ironwood Drive from Elliot Road to Baseline Avenue. 7. 22-479 Consideration of approval of a professional services agreement with DFDG Architecture to perform a comprehensive space needs assessment in an amount of$176,300.00, plus a contingency of $20,000.00, for a total amount not to exceed $196,300.00. 8. 22-480 Consideration of approval of purchase of Lasers and body worn cameras from Axon Corporation in the amount of$326,447.56. 9. 22-520 Consideration of approval of Reverence at Superstition Vistas by DR Horton on four(4)final plats, SV-22-1, Parcel 19.1; SV-22-2, Parcel 19.2; SV-22-3, Parcel 19.12; SV-22-4, Parcel 19.13; and one (1) map of dedication and staff report. 10. 22-528 Consideration of approval of contract with Shasta Industries Inc. for the replacement of the Superstition Shadows Aquatic Center pool slide deck in an amount not to exceed $109,000.00. City of Apache Junction,Arizona Page 2 City Council Meeting Meeting Minutes August 16,2022 11. 22-532 Consideration of approval of Resolution No. 22-36, a Resolution of the City of Apache Junction, Arizona Mayor and Common Council, designating the chief fiscal officer for officially submitting the fiscal year 2022 expenditure limitation report to the Arizona Auditor General. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS F. REGIONAL INTERGOVERNMENTAL UPDATES 12. 22-518 Brief summary of intergovernmental updates from mayor and councilmembers. Councilmember Evans announced the Community Development Corporation (CDC)will hold their"Make a Difference Day"on October 8, 2022. They are accepting requests for community projects. City projects include cleaning up several alleys. She recognized Officer KC Sheahan from the Animal Control division of the Police Department who wrangled 27 cats from one residential property. G. CITY MANAGER'S REPORT 13. 22-516 City Manager's Report. City Manager Bryant Powell introduced Brian O'Neil and Ryan Smith from Phoenix-Mesa Gateway Airport. 14. 22-47 Presentation and discussion with J. Brian O'Neill, Executive Director/CEO, Phoenix-Mesa Gateway Airport Authority. Brian O'Neill, Executive Director/CEO, Phoenix-Mesa Gateway Airport provided an update on the following: They consider this to be more of a 3,000-acre development project which happens to have 3 10,000-foot runways For the fiscal year 2022 they had commercial passenger activity of 1.8 million, exceeding any past activity. All flights are seeing a shortage of airline pilots 5 airlines, Allegiant, Flair, Sun Country, Swoop, and WestJet, offering over 60 destinations across the US and in Canada. There has been a significant increase in travelers through the airport, causing the airport to invest$2 million in restaurants and concession programs, and other amenities. Undertaking a 5-gate terminal addition, funded through the bi-partisan infrastructure grant totaling $28 million. Another project will be an upgrade to the passenger check-in and the security checkpoint area,which will be enclosed allowing for more"lanes"decreasing security screening times. Private development: SkyBridge Arizona is a 360-acre master development at the south end of the airport. They have built a 53,000 sq foot industry building, an 82,500 sq. foot City of Apache Junction,Arizona Page 3 City Council Meeting Meeting Minutes August 16,2022 hanger, they are investing about$40 Million in airfield horizontal infrastructure. Recently they have broken ground on building a 127-room dual-brand hotel and later this summer they will break ground on 2-250,000 sq foot flex industrial buildings. Gateway East is a master planned development, with a 300-acre non-aeronautical development opportunity by the Boyer Company, out of Salt Lake City Utah. This will be a mixed-use project to include office space, and more flex industrial and commercial retail. Gateway East is currently under Phase 1 construction on a 100-acre site. Gulfstream selected Mesa as their new west coast center facility. They will be building a 3-story office complex with a 255,000 sq. foot hanger facility. Phase 2 will be another 225,000 sq. foot hanger. In December of 2021, they leased a 50,000 sq foot facility to start recruitment and prepare for their upcoming projects. Gateway Executive Airpark is also under construction.Virgin Galactic has signed a sublease for hangers where they will build up to 6 spaceships per year, then transport them to New Mexico for launching. Embry Air is also another company coming to the airport. Other projects Mr. O'Neill mentioned: o Alpha Apron Expansion Phase III & IV o Car Rental Return Lot and Car Care Facility Improvements o Terminal Employee Parking Lot o North Remain Overnight Parking Pad o Installation of 6th TSA Security Screening Checkpoint Lane o Fuel Farm Storage Tank Expansion o Center Runway Reconstruction o Ray Road Economy Parking Lot Expansion 15. 22-471 Presentation and discussion with Chief Michael Pooley introducing AJPD officers Joel Eagleton and Craig Martin, who are recently promoted to Sergeant. Chief Michael Pooley announced changes in the Police department. Recently the department held the exam for promotion to Sergeant. There were 15 applicants and of those 15 he presented Sergeant Craig Martin and Sergeant Joel Eagleton. 16. 22-530 Presentation of 25-year Service Award to Joel Stern, of the Apache Junction City Attorney's Office. City Manager Powell recognized Joel Stern for his 25-years of service to the city as legal counsel. Mr. Stern is 1 of 4 in-house attorneys in the state that has served their city for more than 25 years. Mayor Wilson presented Mr. Stern with a 25-year service award. Mr. Stern spoke on his recollections when he was first hired and a few stories on the"early" years of his hiring. He thanked many people. He spoke on the importance of family and his father who was an attorney and the values and work ethic he learned from him. 17. 22-515 Announcement of current events. Public Information Officer Al Bravo provided an update on the following: City of Apache Junction,Arizona Page 4 City Council Meeting Meeting Minutes August 16.2V22 ° Vice Mayor wished to share the following web address bo lodge complaints regarding the election: ° The County Board of Supervisors special meeting on August 17. 2022 ° A section of State Route 24 was opened for traffic, from Ironwood to Ellsworth ° Horizon Health and Wellness in conjunction with the library host a seed library event on Saturdays from 10 a.m. to noon. One can also meet with a master gardener and volunteer ho help with the community garden ° Volunteer hours for the community garden are Thursdays 5:30'7:30p.m. and Saturdays from S:3O-8:30u.m. ° Mayor Wilson and his wife spent several hours at the Farmers Market, held the first Saturday of every month. For$15.00 one can get a box filled with fresh fruits and vegetables. There were over8O0 people who showed up at this event. Leftover food went to a farm for the animals. ° There will boa Blood Drive atAJ City Hall nn Wednesday, August 17. 2022. from 8:30 a.m. ho11:UUa.m. H. PUBLIC HEARINGS 18. 22-450 PnSSSnt@U0n' diSCUSSiOn' public hearing and consideration of approval of Resolution 22-O2. declaring 8S3 public record that certain document filed with the city clerk entitled "2O22 Apache Junction City Code, Vol. ||' Land Development Code, Chopter7: Development Fees." Counui|member Evans moved,seconded byCounui|memberNmsemr that Resolution No.22'V2. declaring oeo public record that certain document filed with the city clerk and entitled''2U22 Apache Junction City Code,Vol.||. Land Development Code,Chapter 7: Development Fees" bm approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Counoi|mnmbnrEvann. Counoi|momber Heok, Counui|momborJohnnnn. Counoi|mombarN*noer and Cnunci|membmr Gohm*dor No: O Mayor Wilson announced item number 18 and 19 were related to the same subject and after staffs presentation would combine the public hearing but council would vote on each item separately. Planner Kelsey Schattnik provided a brief update on Volume 11 Land Code text development fee amendments. These changes have been presented to the Planning and Zoning Commission and the city council over the last year. The council adopted the Land Use Assumption Report nn May 17, 2022. The text amendments have been approved by staff and the Planning and Zoning Commission and Staff io recommending approval bycouncil. Mayor opened the Public Haaring, receiving no comments related to the agenda item, Mayor Wilson closed the public hearing. City vr Apache Junction,Arizona Page City Council Meeting Meeting Minutes August 16,2022 19. 22-451 Presentation, discussion, public hearing and consideration of approval of Ordinance No. 1521, amending the Apache Junction City Code, Vol. II, Land Development Code, by repealing Chapter 7: Development Fees in its entirety; and adopting by reference a new Chapter 7: Development Fees; establishing an effective date and revolving sixty month review period; repealing any conflicting provisions; and providing for severability. Councilmember Schroeder moved,seconded by Vice Mayor Rizzi that Ordinance No. 1521 be read by title only and the reading of the entire ordinance be waived. Yes: 7-Mayor Wilson,Vice Mayor Rizzi,Councilmember Evans,Councilmember Heck, Councilmember Johnson,Councilmember Nesser and Councilmember Schroeder No:0 Councilmember Schroeder moved,seconded by Councilmember Evans that Ordinance No. 1521 as read by the city clerk be approved. Yes: 7- Mayor Wilson, Vice Mayor Rizzi, Councilmember Evans, Councilmember Heck, Councilmember Johnson, Councilmember Nesser and Councilmember Schroeder No: 0 I. OLD BUSINESS J. NEW BUSINESS 20. 22-42 Consideration of approval for Resolution No. 22-34, a resolution of the mayor and city council of the City of Apache Junction, Pinal and Maricopa Counties, Arizona, declaring and adopting the results of the primary election held on August 2, 2022. State law requires that the city council canvass the votes and adopt election results no later than 20 days following an election. Councilmember Evans moved,seconded by Councilmember Schroeder that Resolution No.22-34 declaring and adopting the results of the Primary Election held on August 2,2022 be approved. Yes: 5- Mayor Wilson, Councilmember Evans, Councilmember Heck, Councilmember Johnson and Councilmember Schroeder No: 2- Vice Mayor Rizzi and Councilmember Nesser Vice Mayor Christa Rizzi and Councilmember Tess Nesser dissented because they claim voters were disenfranchised, ranging from Pinal County officials not sending ballots with the names of Apache Junction municipal candidates to problems at the polls on election day and votes not being cast. K. COUNCIL DIRECTION TO STAFF City of Apache Junction,Arizona Page 6 City Council Meeting Meeting Minutes August 16,2022 L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 21. 22-517 Executive Session at 6:00 P.M. for Tuesday, September 6, in the city council conference room located at 300 E Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. Councilmember Evans moved,seconded by Vice Mayor Rizzi that an executive session at 6:00 p.m.For Tuesday,September 6,2022, be held in the city council conference room located at 300 E.Superstition Boulevard,Apache junction,Arizona,and other meetings be scheduled if necessary. M. CALL TO PUBLIC Ms. Nola Perkins, 145 S. Palo Verde, Apache Junction, addressed the council regarding the August 2, 2022 Primary Election ballot dilemma. She read her prepared statement,which she wanted to read to the County Attorney that was present last night, but will convey her statement to them tomorrow at the County Board of Supervisors. Mr. George Schroeder, 2444 W. Virginia St., Apache Junction, addressed an issue regarding the neighbor across the street from him who erected a fence he feels is illegal. He commented on the August 2, 2022 election. Mr. David Day, 1510 N. Rocky Rd., Apache Junction, spoke regarding the contractor working on the streets in front of Apache Junction Town Homes. He stated during the flooding, the contractor would not allow caregivers access to evacuate the elderly. He takes care of his mother who resides in the neighborhood and was not allowed access to remove her regardless of the flood warning. He also mentioned another elderly man was assaulted by the contractor. He would like the city to investigate the matter. Mr. Jeremy Jackson, 1353 S. Belair Rd., Apache Junction, spoke on a code enforcement case that his, now deceased, father had incurred. Mr. Jackson and his wife moved in with his mother-in-law,who is blind, to help her and to do what they could to clean up the mess. He stated his father was a hoarder. Mr. Jackson kept a commercial dumpster to discard his fathers trash. At one time they had a code enforcement issue due to the gate being open, seen and complaint filed. They went to court and reconciled the issue. Recently they received another code violation, but it was for all the residents on the entire block. He sent emails to the code enforcement division, called that they would be cleaning it up, and due to the delay or lack of correspondence they ended up in court and had to pay a fine even though they had already cleaned up the property. The fine was for the donation bags they had left near the front door. Mr. Bryan Soller, 220 E. 13th Ave.,Apache Junction, expressed appreciation to the city clerk's office for disseminating information regarding the constant changes for the August 2nd election. When the first issues arose, the city clerk and Public Information Office made sure the council, candidates and public were kept apprised even when the county had no updates. Mr. Andre Meek, 1327 S. Belair Rd., Apache Junction, he is a neighbor of Mr. Jackson. He stated code enforcement stopped by his place and commented on the cars in his back yard that he was working on and stated he needed to license them, so he did. The code enforcement officer walked his back yard with him and pointed out things he needed to address. The officer then came back and said his gate was open and she could see into the back yard. The neighbor filed a complained about a 20-foot truck, he had used to move from Oregon, stating it blocked City of Apache Junction,Arizona Page 7 City Council Meeting Meeting Minutes August 16,2022 her view of the mountain. This neighbor complains about everyone in the neighborhood and he would like to know why one person has so much power. He would like to know why code enforcement is so selective. The officer commented on him having two RV's, he stated he has a cab over camper, which is not a licensed vehicle and a travel trailer he is restoring. There are several people that have their trailers parked in front and have no issues with code enforcement. He commented on the need for the city to have more School Resource Officers. There should be priority on this matter. There should be a resource officer in every school to keep the campuses secure and safe. Councilmember Evans requested the city manager follow up with code enforcement on the Belair and Royal Palm neighborhood issues. Mayor Wilson asked the city manager to follow up with Mr. Meek and Mr. Jackson. N. ADJOURNMENT Mayor Wilson adjourned the meeting at 8:27 p.m. ACCEPTED THIS DAY OF 12022, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS DAY OF 2022. WALTER"CHIP"WILSON Mayor ATTEST: JENNIFER PEIVA 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 , 2022. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 2022. City of Apache Junction,Arizona Page 8 City Council Meeting Meeting Minutes August 16,2022 JENNIFER PENA City Clerk City of Apache Junction,Arizona Page 9 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. File ID: 22-478 Sponsor: Michael Pooley Agenda Date:9/6/2022 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 22-30, an intergovernmental agreement with the City of Apache Junction and the Town of Gilbert for cooperative law enforcement training operations. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 Apache Junction Police Department Memorandum Date: July 20, 2022 To: Mayor Chip Wilson and City Council From: Chief Michael Pooley Subject: Resolution 22-30, Gilbert Police Department Training Academy - IGA Agreement ............................................................... This is a time sensitive request, we anticipate at least three recruits in the near future. Reference is made to the proposed Intergovernmental Agreement ("IGA") presented by Gilbert Police Department (GPD) to the City of Apache Junction regarding the Gilbert Police Training Facility. This sworn officer training is an as-needed basis and generally has space for additional participants. The Apache Junction Police Department ("AJPD") does not have its own police officer training academy, any training must be provided as per the State of Arizona Peace Officer Standard Training ("AZPOST") regulations. GPD requires that Apache Junction enter into the IGA for its training classes should there be a need for academy participation. Adoption of Resolution No. 22-30 is respectfully requested. RESOLUTION NO. -- 0 A RESOLUTION CAE THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZO A, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF GILBERT FOR COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS. WHEREAS, The Gilbert Police Department ("GPD") operates a peace officer training academy; and WHEREAS, the Apache Junction Police Department {"AJPD-) does not have its own training academy for its police recruits; and WHEREAS, GPD can provide AJPD training for its recruits in accordance with the State of Arizona Peace Officer Standard Training ("AZPCS'T" ) regulations; and WHEREAS, pursuant, to A.R.S. § 11- 52 (A) , public entities may enter into intergovernmental agreements with other governmental entities for joint or cooperative activities, and: WHEREAS, AJPD and GPD have crafted the legal arrangement in the form of the attached intergovernmental agreement: which sets forth the terms and conditions of the services and: obligations . 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 intergovernmental agreement, as set forth in Attachment A; and the mayor is hereby authorized to sign the agreement on behalf of the City. 2) The police chief and/or his designee is authorized and directed to take all further steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2022 . RESOLUTION NO. 2-30 PAGE 1 OF 2 SIGNED AND ATTESTED TO THIS DAY OF t 2022 . WAITER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION O. 22-30 PAGE 2 OF 2 ATTACHMENT A INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENTTRAINING OPERATIONS BETWEEN THE TOWN F GILBERT AND THE CITE' OF APACHE JUNCTION DO NOT REMOVE THIS IS PART 4F THE ( FFICIAL,DOCUMENT. t INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE LAW ENFORCEMENT TRAINING OPERATIONS BETWEEN THE TOWN OF GILBERT AND CITY OF APACHE JUNCTION THIS AGREEMENT ("Agreement") is entered into as of the ("Effective Date") between the TO" OF GILBERT, an Arizona municipal corporation ("Gilbert"), and the CITY OF APACHE JUNCTION ("Apache Junction"), a/an an Arizona municipal corporation, collectively known herein as the "Parties" and each individually as"Party." RECITALS WHEREAS, the Parties are authorized pursuant to A.R.S. § 11-951, et, seq., and the respective provisions of their Town/City charters, if any, and related code and ordinances to enter into intergovernmental agreements to carry out public agency services; and WHEREAS, the Parties all perform the function of law enforcement within their respective jurisdictions; and WHEREAS, the Parties have a need for cooperative law enforcement training operations between their respective jurisdictions. NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows. AGREEMENT 1. PURPOSE OF THE AGREEMENT: The Parties desire to enter into this Agreement for the purpose of conducting joint law enforcement training or attending law enforcement training hosted by either Party. Such training may include, but is not limited to, recruit and in-service academy training and specialty schools for both sworn and civilian persomiel. 11. DEFINITIONS: a. "Host Agency"means the Town sponsoring or conducting the training. b. "Non-Host Agency"means the Town that has sent recruits/employees to train at a Host Agency. 2 c. "Partnering Non-Host Agency"means a governmental agency that is not a signed party to this Intergovernmental Agreement, but who has entered a substantially similar Intergovernmental Agreement with the Host Agency. 111. Duration, Renewal and Termination: This Agreement shall become effective on the date it is adopted by the Parties, and shall terminate June 30, 2027. This Agreement shall automatically renew for additional five (5) year terms under the same terms and conditions, including any adopted amendments in effect at the time of renewal. This Agreement may be terminated by either Party, with or without cause, upon thirty (30) days written notice to the other Party. Notwithstanding the foregoing, if the Host Agency terminates this Agreement,such termination,unless for cause,shall not affect the continued participation of any Non-Host Agency personnel currently attending a training program. IV. Fees for Training: The Parties,by and through their respective Chief of Police,shall execute a separate written agreement for each cooperative law enforcement training operation listing specific terms that the Non-Host Agency shall pay to the Host Agency for training that falls Linder the terms of this Agreement. Each such agreement shall be signed by both Parties prior to the start of training. If the training operation is to take place at the Gilbert Public Safety Training Facility ("PSTF"), fees pursuant to the PSTF Fee Schedule shall be included in the written agreement. If the training operation is to take place at a different Gilbert location, such fees shall be included in the written agreement. In establishing those fees, the Parties may consider the nature and duration of the training, additional expenses associated with participation by the Non-Host Agency,non-monetary contributions by the Non-Host Agency in facilities, personnel or equipment, and the experience, value and goodwill inherent in the Parties training together. The Chief of Police of the Host Agency, or their designee, has the discretion to waive—in whole or in part—applicable fees for the Non-Host Agency, if it is determined to be in the best interest of the Host Agency or in exchange for in-kind services, goods, or materials. V. Availability of Training: Nothing in this Agreement requires either Party to host training or to provide seats in any particular training class to a Non-Host Agency. V1. Training Records: The Host Agency will provide original training records for Non-Host personnel upon the completion of any training, completion of an in-service training academy, or termination of the recruits' attendance from an in-service training acaderny or other training pursuant to this Agreement. The Host Agency will maintain records of lesson 3 plans, class rosters, and other documentation common to the class as a whole,according to applicable Arizona State Library and Archives records retention schedules. VIL Equipment and Assistance With Training: The Host Agency shall provide information to the Non-Host Agency that specifies the equipment and materials that the Non-Host Agency must provide to its employee(s)in order for the employee(s) to participate in the training program. The Non-Host Agency agrees to provide such equipment to its employee(s) as a condition of participating in the training program, Upon reasonable request by the Most Agency and in consultation with and concurrence of the Non-Host Agency,the Non-Host Agency agrees to provide instructors or administrative assistance to the Host Agency. When the Non-Host Agency has facilities such as a driving track, firearrn range, etc. that can facilitate a specific training, the Non- Host Agency agrees to allow the Host Agency to incorporate such facilities into the training when feasible and in the best interest of all Parties. VIII. Discipline and Academic Requirements: The Host Agency reserves the right—in its sole discretion—to decide whether the employees from the Non-Host Agency are maintaining the minimum requirements necessary to continue in the training. The Host Agency also retains the right—in its sole discretion—to remove a Non-Host Agency employ from training for training, academic, ethical, or disciplinary standards applicable to all law enforcement-training participants. Host Agency, Non-Host Agency, and Partnering Non-Host Agency employees shall be treated in the same manner for purposes of training, acadernics, ethics and discipline. Should the need arise for an Internal Affairs investigation into the actions of a Non-Host Agency employee, the Non-Host Agency will conduct the investigation of its own employee(s). The Host Agency will have the, sole authority over (1) the curriculum and content of instruction, (2) the training schedule and hours, (3) decisions about whether Non-Host employees should remain in the training, and (4) the implementation and execution of policies and procedures applicable to the training. The Non-Host Agency understands, in certain training programs, the curriculum will consist of the standard Host Agency training. Although some facilitation of cross- training on Non-Host Agency materials may occur{when;feasible),training based heavily on policy and procedure shall focus on the policies and procedures of the Host Agency. The Host Agency will maintain communication with the Non-Host Agency on issues such as academics,physical fitness,discipline,Arizona POST requirements,or other concerns that impact an employees' ability to successfully complete the training program. The Host Agency will consult with the Non-Host Agency if/when an employee of the Non- 4 Host Agency is in jeopardy of being separated from a training program for performance issues. IX Agreement to Hold Harmless: Each Party shall indemnify, defend, and hold harmless the other Party and any of its departments, agencies, officers, or employees from any and all claims, demands, suits, actions, proceedings, loss. cost, and damages of every kind and description, including reasonable attorneys' fees and/or litigation expenses (collectively referred to in this paragraph as the "Claims"), which may be brought or made against or incurred by such Party on account of loss of or damage to any property or for injuries to or death of any person, to the extent caused by, arising out of, or contributed to, by reasons of any alleged act, omission, professional error, fault, mistake, or negligence of the indemnifying Party, its employees, officers, directors, agents, representatives, or contractors or their employees, agents,or representatives)in connection with or incident to the perfonnance of this Agreement.The indemnifying Party's obligations under this paragraph shall not extend to any Claims to the extent caused by the negligence of the other Party, Each Party's obligations under this paragraph shall survive the termination of this Agreement. X. Contract Administrator: The Contract Administrators for this Agreement are the Training Lieutenants of the Parties' Police Departments, or their designees, XL Notices: All notices, requests for payment, or other correspondence between the Parties regarding this Agreement shall be in writing and mailed or delivered to the respective Parties as follows: If to Gilbert: Chief of Police Gilbert Police Department 75 E. Civic Center.Dr. Gilbert, Arizona 85296 If to Apache Junction: Chief of Police Apache Junction Police Department 300 E, Superstition Blvd. Apache Junction,Arizona 85119 XII. Other Duties Imposed by Law: Nothing in this Agreement shall be construed as relieving the Parties of any obligation or responsibility imposed on it by law, 5 :III, Waiver ofTerms and Conditions: The failure of either Party 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, IV. Conflict of Interest The provisions of A.R.S. § 38-511 relating to cancellation of contracts flee to conflicts of interest shall apply to this Agreement.. V. Compliance with Laws and Policies The Parties shall comply with all federal; state, local laws, rules, regulations, standards, and Executive Orders, without limitation to these designated within this Agreement, The laws and regulations of the State of Arizona shall govern the rights of the Parties; the performance of this Agreement,and any disputes hereunder. furthermore,the Parties agree to abide by each Party's policies to the extent appropriate and required or permitted by law. VI Employment Status and Compensation of Lave Enforcement Officers: The Parties shall each provide workers' compensation insurance, salary, benefits, appropriate equipment, and uniforms for their respective employees. Except as otherwise provided by law, specifically A.R.S. § 23-1022(D), in the performance of this Agreement, each Party hereto will be acting in its individual governmental capacity and not as an agent; employee, partner,joint venture; or associate of the ether. The employees,agents,or subcontractors of one Party shall not be deemed or construed to be the employees or agents of the ether Party. VII. Workers' Compensation/Posting: Pursuant to A.R.S. § 23-1022(D), for the purposes of workers' compensation coverage,all employees of Host,Non-Host,and Participating host Agencies training under this Agreement shall be deemed to be an employee of all agencies. The parent agency shall be solely liable for payment of workers' compensation benefits. The I-lost Agency agrees to provide any posting and notice to the employees, as required A.R.S. 23-1 22(E) or otherwise provided by law. 6 XV111. Compliance with Civil Rights: The Parties to this Agreement agree to comply with A.R.S. Title 41, Chapter 9 (Civil Rights),Arizona Executive Orders 75-5 and 99-4,and any other federal or state laws relating to equal opportunity and non-discrimination, including the Americans with Disabilities Act. No Party shall engage in any form of illegal discrimination with respect to applications for employment or student status or employees or students, XIX. Compliance with the E-VERIFY Program: To the extent provisions of A.R.S. §41-4401 are applicable, each Party warrants to the other Party that they will comply with all Federal Immigration laws and regulations that relate to their employees and that each now complies with the E-Verify Prograrn under A.R.S. § 23-214(A). A breach of this warranty will be considered a material breach of this Agreement and may subject the breaching party to penalties up to and including termination of this Agreement. The Parties retain the legal right to inspect the papers of any employee who works pursuant to this Agreement, or any related subcontract, to ensure compliance with the warranty given above. Either Party may conduct a random verification of the employment records of the other Party to ensure compliance with this warranty. A Party will not be considered in material breach of this Agreement if it establishes that it has 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 A.R.S. § 23-214(A). The provisions of this Article must be included in any contract either Party enters into with any and all of its contractors or subcontractors who provide services under this Agreement. XX. No Joint Venture: It is not intended by this Agreement to, and nothing contained in this Agreement shall, be construed to create any partnership, joint venture, or employment relationship between the Parties or create any employer-employee relationship between the Parties' employees, Neither Party shall be liable for any debts, accounts, obligations, or other liabilities whatsoever of the other Party, including,but without limitation,the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees, 7 XXI. No Third-Party Beneficiaries: Nothing in this Agreement is intended to create duties or obligations to or rights in third parties not Parties to this Agreement or affect the legal liability of either Party to the Agreement by imposing any standard of care with respect to the maintenance of public facilities different from the standard of care imposed by law. XXIL Non-Assignment: Neither Party shall assign its interest in this Agreement, either in whole or in part. XXIII. Severability: If any part,term,or provision of this Agreement shall be held illegal,unenforceable, or in conflict with any law, the validity of the remaining portions and provisions hereof shall not be affected. XXIV. Governing Law, Dispute Resolution, and Jurisdiction: The laws of the State of Arizona shall govern this Agreement. Venue will be in the Maricopa County Superior Court. In the event of any litigation or arbitration arising out of this Agreement, the substantially prevailing Party in such litigation or arbitration shall be entitled to recover its reasonable attorneys' tees, expert witness fees, and other costs of litigation. XXV. Entire Agreement: This Agreement represents the entire agreement between the Parties and supersedes all prior negotiations,representations, or agreements, either expressed 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. SIGN A TURES ON FOLLO WING PAGE 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year set forth below: Town of Gilbert City of Apache Junction Brigette Petersen, Mayor Walter Wilson, Mayor ATTEST: ATTEST: Chaveli Herrera, Town Clerk Jennifer Pena, City Clerk APPROVED AS TO FORM: The APPROVED AS TO FORM: The undersigned attorney acknowledges that undersigned attorney acknowledges that they have reviewed the above agreement they have reviewed the above agreement on behalf of Gilbert, and has detennined on behalf of Apache Junction, and has that this Agreement is in proper form and determined that this Agreement is in proper is within the powers and authority granted form and is within the powers and authority to Gilbert under the laws of the State of granted to Apache Junction under the laws Arizona, of the State of Arizona. Chris Payne, Town Attorney Joel Stem, City Attorney 9 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.4. File ID: 22-481 Sponsor: Michael Pooley Agenda Date:9/6/2022 Index: In Control: City Council Meeting Consideration of approval of purchase of firearms from Prol'orce-Law Enforcement in the amount of$95,357.09. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 Apache unto alive Department t ; Memorandum ©ate: July 21, 2022 To: Honorable Mayor and City Council From: Michael Po ley-- (chief of Police Subject: Department Firearms Purchase The Apache Junction Police Department AJPD is requesting approval for the purchase of handguns, holsters, and associated firearm attachments. The equipment will be purchased through state contract negotiated price from ProFore Law Enforcement. The purchase is for"85 Glock 17 handguns with rest dot optic sights, Glock 19 handguns with red clot optic sights, 95 firearm lights and holsters which will allow for replacements due to damage, investigation holds and training needs. These weapons will bring the department up to current national standards for firearms, replacing outdated models. ProForce Law Enforcement, as part of the purchase; will provide a trade in of 44 used firearms in the amount of 1 ,244,00. The total cast of replacement as included in the FY 2022/23 budget is $95,3 7. 9 tP_ #±_LPG ; f" 0 R D ENFORCEMENT40"ACIE 607625 mmmmmmomw LAW : ICI .DATE ,, 2925Starmn[give.Pm-wottA',M01 Q U 0 T E A.S.A. P. Tel:92&776-7192 Fax: 2 -445-3468 �n�a1�: �€lasx''-�naCcsrcac�niln�.t;�nt���a�u.ptatarru�i:;r�Iir�t�,c�trt SO L D SHIP T ty) To APACHE JUNCTION POLICE APACHES JUNCTION POLICE DEPT ACCOUNTS PAYABLE 300 E SUPERSTITION CSC} E SUPERSTITION BLVD APACHE (JUNCTION AZ 85119 APACHE ,JUNCTION AZ 85119 480-671-5489 UC3E3 C}RD. SATE GUST. �# Lt aAL S AtT SETZT IA FRT. N/A C77/12/2 Qt18 722�A JIM HALSTED � �FX VIA-FOB ORIGIN QT UC3M _.0 .._. w ITEM N_O_._. /�DErSC _. UNIT TRICE DISC. NET PRICE w_ 35 NON-STOCK 865 .00 EA 73, 525 . 00 PA175 3C 2MOSHB GLK 17 FULL KIT 0 KIT INCLUDES CNC PRO OPTIC PLATE HOLOSUN 509T RED DOT OPTIC AMERIGLO GL-889 SUPRESSOR SIGHT 5 NON-STOCK 865 .00 EA 4, 325 . 00 PA195S302MOSHB GLK 1.9 FULL KIT .0 KIT INCLUDES CNC PRO OPTIC PLATE HOLOSUN 509T RED DOT OPTIC AMERIGLO GL-809 SUPRESSOR SIGHT. 95 69260 11.7 . 50 EA 11, 162 . 50 S I TLR-1 HL `I'AC GUN M T ELK (fit} 100OLUM 84 7390RD--8325-411 101 . 20 EA 8, 500 . 80 SFL; 7390RDS HLST SAFSEV BLK RH .00 G17G5 W/LGT (7390RDS-8325-41.1) "P 1.1E IT 1 I rcy 6 f _QUOTE _, 07625 2 HIP DATE 62)$3tea an I rM—,Prrsr oTI A4 RF301 U 0 T E A.S.A. P. Tel;928-776-71'2 Fax:928445-3468 in ril:sala k'}ar 6 rrr�€rnlits: rr mm.pruforwunline,coln S LD >III4 4'= T APACHE JUNCTION POLICE APACHE JUNCTION POLICE DEPT ACCOUNTS PAYABLE 300 E SUPERSTITION 300 E SUPERSTITION BLt L APACHE JUNCTION AS 851.19 APACHES JUNCTION AS 8511._9' 480-671-5489 JOB )RD. DATE BUST. If7C. SAFES �T _ SHIP: VIA �. E T. N/A 07/1 12 OQ8372 ®A t7IM HALSTED W _ FX —FOB ORIGIN STY': _____ ____ L71M — GIRDER ITEM NC. DESC. UNIT PRICE _ DISC. NE:T PRICE 3 7390RD-8325-412 101.20 EA 303. 60 FL 7390RDS HLST SAFSEV BFK LH . 00 C17C5 WILCT (7 9ORD --83 5-412) 3 NON-STOCK 101 .20 EA 303. 60 7390RDS-28 2 -411; . 00 2 NON—STOCK 101 .20 EA 202. 40 739O DS-28325-41.2 . 00 8 NON-STOCK 39. 15 EA 313 . 20 CNC PLATE FOR HOLOSUN 509T GLY .00 mo S 8 NON-STOCK 327 . 16 EA 2, 617 .28 HE54 9T—LSD— —LEM- .00 44 TRADES 301 . 00— EA 13, 244 .00C CREDIT FOR TRADES-IF NOT SENT 00 AS SPECIFIED, MAY BE REDUCED f TY 44 GLOCK 17 PISTOLS WI 3 MAGS. —5 . 00 FOR ANY MISSING MACS . � t i >_s 4x t UOTE#, , PAC E SHIP,DATE ' 2 tame nlci . 'r icitkt fF C1 U 0 T E .P. Tel:92 -776-7192 Fax:928-445-316 email- -OLDs IrraTrsr �rnii€trrtvr :p r 1rs�rslit€ .crier APACHE JUNCTION POLICE APACHE JUNCTION POLICE DEFT' ACCOUNTS PAYABLE 300 E SUPERSTITION 300 E SUPERSTITION BLV1 APACHE JUNCTION AZ 85119 APACHE JUNCTION AZ 8511: 480-671-548 " JOB ## ORD. DATE [OUI , L?C. SALE MAN SHIPVIANfA C1?j12/ 2 372 A JIM HALSTE�D�� � FY C FC1B C?RTCxI -TY. . UCM ORDER ITEM Nth. JDESC _... UNIT PRICST DISC. 3E`I PRICE 1 `I`RADES 311 . 00- EA 311 .00CR CREDIT FOR TRADES-IF NOT SENT .00 AS SPECIFIED, MAY BE REDUCED TY 16 `LOCK 17 CIEN 5 PISTOLS, WITH 3 MAGS ACM,. -5.00 FOR ANY MISSING -MASS 1 TRADES 295. 00- EA 295 ,OOcR CREDIT FOR TRADES-IF NOT SENT . 00 AS SPECIFIED, MAY BE REDUCED TY 1 GLK 21 GEN 4 WITH 3 MACS --5.00 FOR ANY MISSING MACS. This quote is valid. for 45 days from date of issue, pending credit approval, and is subject to manufacturer's availability and price change. Please call (800) 3 7--S853 if this bid is still pending on the expiration date for updated pricing.. Standard Terms are Net 30 days . If department policy does not allow for partial shipments and payment , separ to purchase orders for each item will be neces ary. Standard manufacturer's warranti applies to all dep rtment QUOTE# PAGE 0 R D E R 607 625T4 LAWE SHIP DATE WFORCEMENT 2 2 tparman€�riw f€mc ytt AZ,�i� f7t [T 0B A.S .A. P. Tei:923-776-7192 Fax:€928-44 5-346 _ t;mail: ynv,pr€zfurwvu1if14J.001r1 P-j Tt. APACHE JUNCTION POLICE APACHE JUNCTION POLICE INEPT ACCOUNTS PAYABLE 300 E SUPERSTITION 300 E SUPERSTITION BLV APACHE JUNCTION AZ 852,19 APACHE JUNCTION AS 85119 480-671-5489 jc1 cATEIIST. ( c ALES SHIP VIA I . NIA 07/12/22 008372 ( A JIM HALSTED � ..F -F< B )R _ QTY.-_- mw� UOM ORDER wITEM NO./SESC T U14 PPTCE DISC. NET PRIC E . ProForce Law Enforcement agrees to defend, Indemnify and hold harmless its customers from claims for persona injury or property damages, to the extent atiing f`om the negligentacts or omissions of ProForce Law Enforcement or its employees, agents or indepe` dent: contractors. ORDERING INSTRUCTIONS: Please reply to your sales represen- tative in writing to process this order or end an email to ryan. schreiber@ rdforceonline.ccrn. For orde�Cs over 5, 00, a PC or signed quote i required to process the order Returned items are subject to 2 t; re:stocki.n fee: All sales are final on non-stocked/special carder item IMPORTANT: To order from this uotati.on, p ease si n below. Printed Name: Date: P.O. : Signature SALES AMOUNT 87, 403 . 38 1 L"L 1 T FOR JOSH A HOOPER BY C-tYAN SCHREIBER � 9.100 SAES TAX 7, 953 . 71 SUB TOTAL 95, 357 . 09 CLUE NET 30 DAYS City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 5. File ID: 22-509 Sponsor: Leslie DeReche Agenda Date:9/6/2022 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 22-35 a resolution of the mayor and city council of the City of Apache Junction, Arizona, consenting to the assignment of certain developer rights and obligations under the District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 RESOLUTION NO. 22-35 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, CONSENTING TO THE ASSIGNMENT OF CERTAIN DEVELOPER RIGHTS AND OBLIGATIONS UNDER THE DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2, AND APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT FOR SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I FINDINGS The mayor and city council hereby make the following findings : A. On September 9, 2021, there was presented to us, the governing body of the City of Apache Junction, Arizona, (hereinafter referred to as the "City") , a Petition for Formation and Petition for Adoption of Resolutions Ordering and Declaring Formation of Superstition Vistas Community Facilities District No. 2, signed by the entities which, on the date thereof, were the "owners" of all real property as shown on the assessment roll for State and county taxes for Pinal County, Arizona, being D.R. Horton, Inc . (hereinafter called the "D.R. Horton") and the Arizona State Land Department, in Superstition Vistas Community Facilities District No . 2 (hereinafter referred to as the "District") , the formation of which was requested by such petitioner in such petition, pursuant to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (the "Act") . RESOLUTION NO. 22-35 PAGE 1 OF 4 B. By Resolution No. 21-46, adopted on October 5, 2021 (the "Resolution") , by the mayor and city council of the City, the District was formed as a community facilities district pursuant to the terms and provisions of, and with the powers and authority established by, the Act. C. Pursuant to the Act and Section 9-500 . 05, Arizona Revised Statutes, in connection with formation of the District, the City, the District and D.R. Horton entered into that certain District Development, Financing Participation, Waiver and Intergovernmental Agreement, dated as of February 22, 2022 (the "Original CFD Development Agreement") , and recorded as Fee No. 2022-021690 in the official records of Pinal County, Arizona, to specify, among other things, conditions, terms, restrictions and requirements for "public infrastructure" (as such term is defined in the Act) and the financing of public infrastructure . D. Pursuant to Section 10 . 3 of the Original CFD Development Agreement, D.R. Horton could assign its rights, title, interest, duties, obligations and liabilities as Developer (as defined in the Original CFD Development Agreement) under the Original CFD Development Agreement to Brookfield Homes Holdings, LLC ("Brookfield Homes") . E. D.R. Horton and Brookfield Homes executed and delivered that certain Assignment and Assumption of District Development, Financing Participation, Waiver and Intergovernmental Agreement (Superstition Vistas Community Facilities District No . 2) , dated as of March 14, 2022 (the "Assignment to Brookfield Homes") , and recorded as Fee No. 2022-087119 in the official records of Pinal County, Arizona, whereby D.R. Horton assigned, and Brookfield Homes assumed, the role of Developer under the Original CFD Development Agreement, and the City and the District consented to such Assignment to Brookfield Homes . F. Brookfield Homes has now requested the assignment of its rights, title, interest, duties, obligations and liabilities as Developer to Brookfield ASLD 8500, LLC ("Brookfield ASLD 8500") , in accordance with Section 10 . 3 of the Original CFD Development Agreement, provided that Brookfield Homes will retain certain duties, obligations and liabilities under the Original CFD Development Agreement as a guarantor and indemnitor. G. In order to consummate the assignment of the Developer role to, and the assumption thereof by, Brookfield ASLD 8500 and delineate the duties, obligations and liabilities of Brookfield Homes, the City, the District, Brookfield ASLD 8500 and Brookfield Homes have determined to enter into that certain Amended and RESOLUTION NO. 22-35 PAGE 2 OF 4 Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No . 2 (the "CFD Development Agreement") , and the CFD Development Agreement has been placed on file with the clerk of the City and presented to the mayor and council of the City in connection with the execution and delivery of the CFD Development Agreement. SECTION II AUTHORIZATION AND APPROVAL OF CFD DEVELOPMENT AGREEMENT The CFD Development Agreement is hereby approved in substantially the form submitted herewith, with such changes, additions, deletions, insertions and omissions, if any, as the mayor of the City, with the advice of the manager of the City and the city attorney of the City, shall authorize, the execution and delivery of the CFD Development Agreement to be conclusive evidence of the propriety of such document and the authority of the person or persons executing the same . The mayor of the City, with the advice of the manager of the City and the city attorney of the City, is hereby authorized and directed to execute, and the clerk of the City to attest and deliver, the CFD Development Agreement on behalf of the City. SECTION III RATIFICATION Resolution No . 21-46 and all things done arising therefrom are hereby ratified and confirmed in all other respects notwithstanding the execution and delivery of the CFD Development Agreement. SECTION IV NO LIABILITY OF OR FOR THE CITY Neither the City nor the State of Arizona or any political subdivision of either (other than the District) shall be directly, indirectly or morally liable or obligated for the costs of the public infrastructure contemplated by the CFD Development Agreement for the District nor for the payment or repayment of any indebtedness, liability, cost, expense or obligation of the District, and neither the credit nor the taxing power of the City, the State of Arizona or any political subdivision of either (other than the District) shall be pledged therefor. SECTION V EFFECT OF RESOLUTION A. If any section, paragraph, clause or provision of this resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, RESOLUTION NO. 22-35 PAGE 3 OF 4 paragraph, clause or provision shall not affect any remaining provisions of this resolution. B. All resolutions or parts thereof inconsistent herewith are hereby waived to the extent only of such inconsistency. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF f 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . WALTER "CHIP" WILSON Mayor ATTEST : JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney RESOLUTION NO. 22-35 PAGE 4 OF 4 When recorded, return to: Zachary D. Sakas, Esq. Greenberg Traurig, LLP 2375 East Cainelback Road, Suite 800 Phoenix, Arizona 85016 AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION,WAIVER AND INTERGOVERNMENTAL AGREEMENT by and among CITY OF APACHE JUNCTION, ARIZONA, SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2, BROOKFIELD HOMES HOLDINGS LLC, and BROOKFIELD ASLD 8500 LLC Dated as of September_,2022 64072965 AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION,WAIVER AND INTERGOVERNMENTAL AGREEMENT ARTICLE I DEFINED TERMS; MISCELLANEOUS MATTERS RELATING TO USE THEREOF; AND GENERAL DISTRICT MATTERS .............................................................................4 ARTICLE 11 CONSTRUCTION OF PROJECTS BY THE DISTRICT; ACQUISITION OF PLANS AND SPECIFICATIONS..................................................................................14 ARTICLE III CONSTRUCTION OF ACQUISITION PROJECTS BY THE DEVELOPER; CERTAIN MATTERS RELATED TO PLANS AND SPECIFICATIONS AND CHANGEORDERS................................................................................15 ARTICLE IV ACQUISITION OF ACQUISITION PROJECTS FROM THE DEVELOPER....................................................................17 ARTICLE V FINANCING OF COSTS OF PROJECTS AND PLANS AND SPECIFICATIONS..........................................................19 ARTICLE VI MATTERS RELATING TO THE ASSESSMENT BONDS AND THE GENERAL OBLIGATION BONDS AND OTHER OBLIGATIONS OF THE DISTRICT..........................20 ARTICLE VII ACCEPTANCE BY THE MUNICIPALITY AND REIMBURSEMENT ELIGIBILITY.....................................................25 ARTICLE VIII INDEMNIFICATION AND INSURANCE...........................................26 ARTICLE IX PAYMENT OF CERTAIN EXPENSES AND COSTS........................29 ARTICLE X MISCELLANEOUS................................................................................31 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY TO BE INCLUDED IN THE DISTRICT....................................................... A-1 EXHIBIT B DESCRIPTION OF INFRASTRUCTURE........................................ B-1 EXHIBIT C FORM OF CERTIFICATE OF ENGINEERS FOR CONVEYANCE OF ACQUISITION PROJECT OR SEGMENT OF PROJECT................................................................. C-1 EXHIBIT D FORM OF CONVEYANCE OF ACQUISITION PROJECT OR SEGMENT OF PROJECT....................................... D-1 EXHIBIT E FORM OF DISCLOSURE STATEMENT......................................... E-1 THIS AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT, dated as of September _, 2022 (this "Agreement"), is entered into by and among the City of Apache Junction, Arizona, an Arizona municipal corporation (the "Municipality"); Superstition Vistas Community Facilities District No. 2, a community facilities district formed by the Municipality, and duly organized and validly existing, pursuant to the laws of the State of Arizona (the "District"); Brookfield Homes Holdings, LLC, a California limited liability company duly organized and validly existing pursuant to the laws of the State of California ("Brookfield Homes"), which has an interest in certain property in the District and is an investor, guarantor and indemnitor but is not a developer; and Brookfield ASLD 8500 LLC, a Delaware limited liability company duly organized and validly existing pursuant to the laws of the State of Delaware (the "Developer"), which has an interest in certain property within the boundaries of the District and is an investor, developer, guarantor and indemnitor. The Property (as defined herein) is land granted to the Arizona State Land Department ("ASLD"), and ASLD has permitted the recordation of this Agreement on the Property pursuant to Section 2.7 of the Participation Contract(as defined herein). RECITALS A. On November 4, 2020, D.R. Horton, Inc., a Delaware corporation ("D.R. Horton"), was the successful bidder at a public auction conducted by ASLD and is thereby entitled to purchase the Property from ASLD pursuant to the terms of Certificate of Purchase No. 53-120190 (the "Certificate of Purchase") and subject to the terms of the Participation and Infrastructure Contract Regarding ASLD Sale No. 53-120190, executed on November 12, 2020 between ASLD and D.R. Horton, as amended by the First Amendment to Participation and Infrastructure Contract Regarding ASLD Sale No. 53-120190, executed as of September 30, 2021 (the "First Amendment to Participation Contract") as the same may be thereafter amended (collectively the "Participation Contract"), with the express condition that D.R. Horton entitle and develop the real property described as the Auction Property in the Participation Contract as a mixed-use master planned community. B. Pursuant to the Participation Contract, D.R. Horton is required to acquire, construct and improve certain infrastructure benefitting the Auction Property, and ASLD has certain consent and approval rights regarding the D.R. Horton's development of the Property, as a component of the Auction Property, including the formation of the District. C. Pursuant to Title 48, Chapter 4, Article 6, Arizona Revised Statutes, as amended (the "Act"), and § 9-500.05, Arizona Revised Statutes, as amended ("A.R.S."), the Municipality formed the District on October 5, 2021 in accordance with a petition submitted by ASLD and D.R. Horton, and in connection therewith the Municipality, the District and D.R. Horton entered into that certain District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2, dated as of February 22, 2022, and recorded as Fee No. 2022-021690 in the official records of Pinal County, Arizona (the "Original Agreement"), to specify, among other things, conditions, terms, restrictions and requirements for "public infrastructure" (as such term is defined in the Act) and the financing of public infrastructure and subsequent reimbursements or repayments over time. 1 D. Pursuant to that certain. Purchase Agreement and Partial Assignment and Delegation of Rights Under Participation Contract dated March 14, 2022 (the `Brookfield Purchase Agreement"), (i) D.R. Horton agreed to sell and Brookfield Homes agreed to purchase the real property described in Exhibit A hereto (the "Property"), which makes up the real property included within the District, and (ii) in accordance with the First Amendment to Participation Contract, D.R. Horton delegated and assigned to Brookfield Homes, on a non- exclusive basis, and Brookfield Homes assumed and agreed to perform as a direct obligation to ASLD, D.R. Horton's rights, powers, duties and obligations under the Participation Contract solely with respect to the Property. E. In accordance with Section 10.3 of the Original Agreement, D.R. Horton and Brookfield Homes executed and delivered that certain Assignment and Assumption of District Development, Financing Participation, Waiver and Intergovernmental Agreement (Superstition Vistas Community Facilities District No. 2), dated as of March 14, 2022, and recorded as Fee No. 2022-087119 in the official records of Pinal County, Arizona, whereby D.R. Horton assigned to Brookfield Homes, and Brookfield Homes accepted such assignment and assumed, the rights, title, interest, duties, obligations and liabilities as "Developer" under the Original Agreement, and the Municipality and the District consented to such assignment and assumption. Upon such assignment and assumption, D.R. Horton was relieved of all duties, obligations, and liabilities pursuant to the Original Agreement. F. Brookfield Homes previously assigned to Developer all of Brookfield Homes' right, title and interest to acquire the Property pursuant to the Brookfield Purchase Agreement. G. Pursuant to Section 10.3 of the Original Agreement, Brookfield Homes has assigned, and the Municipality and the District has consented to, the assignment of Brookfield Homes' rights, title, interest, duties, obligations and liabilities as "Developer" under the Original Agreement to Developer, and Developer has assumed such rights, title, interest, duties, obligations and liabilities, provided that Brookfield Homes has retained certain duties, obligations and liabilities, and such assignment, assumption, consent and retention is hereby approved and confirmed by amending and restating the Original Agreement by the execution and delivery of this Agreement, which supersedes and completely replaces the Original Agreement. H. Pursuant to the Act and A.R.S. Section 9-500.05, the District, Brookfield Homes and the Developer are entering into this Agreement as a "development agreement" to supersede and replace the Original Agreement and to specify, among other things, conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure and subsequent reimbursements or repayments over time. I. With regard to the Property and without limiting the foregoing, the Municipality, the District, Brookfield Homes and the Developer have determined to specify certain matters in this Agreement relating to the acquisition, construction, financing, operation and maintenance of public infrastructure, including matters relating to the construction or acquisition of certain public infrastructure by the District, the acceptance thereof by the Municipality and the reimbursement or repayment of the Developer with respect thereto, all pursuant to the Act, such public infrastructure being necessary for the Developer to develop the 2 Property prior to the time at which the District can itself pay for the construction or acquisition thereof. J. This Agreement as a "development agreement" pursuant to A.R.S. § 9- 500.05 is consistent with the "General Plan" of the Municipality, as defined in A.R.S. § 9-461, applicable to the Property on the date this Agreement is executed. K. To perform and finance certain "public infrastructure purposes" (as such term is defined in the Act) the District Board (as defined herein) previously held an election in and for the District, pursuant to the Act, and the qualified voters of the District approved, authorizing the District Board to: (i) in its sole discretion, issue certain general obligation bonds of the District, in the amount of four hundred million dollars ($400,000,000.00), provided however, the Developer shall not request the issuance of more than three hundred fifty million dollars ($350,000,000.00), to provide monies for certain "public infrastructure purposes" described in the General Plan of the District approved by the Municipality and the District (the "General Obligation Bonds") and to annually levy, assess and collect an ad valorem tax against all taxable property in the District, unlimited as to rate or amount therefor, to pay debt service on the General Obligation Bonds; and (ii) annually levy, assess and collect an ad valorem tax in an amount up to $0.30 (or such higher amount approved at an election in accordance with the Act) per $100.00 of net assessed limited property valuation against all taxable property in the District (the "O/M Tax") to provide for amounts to pay the administrative, operation and maintenance expenses of the District. L. The District Board, pursuant to the Act and the procedures prescribed by A.R.S. §§ 48-576 through 48-589, as nearly as practicable, or such other procedures as the District board provides, may in its sole discretion levy special assessments of the costs of any public infrastructure purpose on any land in the District based on the benefit determined by the District Board to be received by such land(the "Assessments"). M. If the District Board, in its sole discretion, adopts a resolution levying a special assessment on property in the District, pursuant to the Act, special assessment bonds of the District (the "Assessment Bonds") may be issued and sold to provide monies for certain "public infrastructure purposes" described in the General Plan of the District. N. This Agreement, together with the Land Development Agreement and the CFD Guidelines (each as defined herein) shall set forth some parameters and conditions pertaining to the use of the proceeds of any General Obligation Bonds, Assessment Bonds and amounts which will be collected with respect to the O/M Tax in the future. O. Pursuant to the Act and the Land Development Agreement, the District is entering into this Agreement with Brookfield Homes and the Developer with respect to, among other things, the expenditure of monies for public infrastructure purposes by the Developer and, if the District, in its sole discretion, sells General Obligation Bonds or Assessment Bonds, the reimbursement of all or part of such expenditures, and the security for, and disbursement and investment of proceeds of, the General Obligation Bonds and the Assessment Bonds. 3 P. The Municipality has adopted Policy Guidelines and Application Procedures for the Establishment of Community Facility Districts (the "CFD Guidelines") in Resolution No. 21-05, as thereafter amended and adopted by the Municipality in. Resolution No. 21-44, to establish certain requirements and procedures applicable to all community facility districts within the Municipality, including the District except as otherwise provided in this Agreement. Q. Pursuant to the Act and A.R.S. Title 11, Chapter 7, Article 3, the District and the Municipality are entering into the specified sections of this Agreement as an "intergovernmental agreement" with one another for joint or cooperative action for services and to jointly exercise any powers common to them and for the purposes of the planning, design, inspection, ownership, control, maintenance, operation or repair of "public infrastructure," including particularly to provide for the acceptance by the Municipality and other governmental entities of certain public infrastructure constructed or acquired by the District. R. The District has entered into the IGA (as defined herein) with WUCFD, SMCFD (each as defined herein) and Superstition Vistas Community Facilities District No. 1 pursuant to Resolution No. 2021-001 SVCFD No. 2 of the District Board pertaining to, among other things,public infrastructure to be financed by the District. S. Nothing contained in this Agreement is intended to limit the District Board in exercising its sole discretion at any time with respect to the approval or rejection of a Report(as defined herein) or the issuance of General Obligations Bonds or Assessment Bonds. AGREEMENT NOW, THEREFORE, in the joint and mutual exercise of their powers, in consideration of the above premises and of the mutual covenants herein contained and for other valuable consideration, and subject to the conditions set forth herein, the parties hereto agree that: ARTICLE I DEFINED TERMS; MISCELLANEOUS MATTERS RELATING TO USE THEREOF; AND GENERAL DISTRICT MATTERS Section 1.1. (a) For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the terms defined in this Section have the meanings assigned to them in this Section and include, as appropriate, the plural as well as the singular: "Acquisition Project" means each Project constructed by the Developer pursuant to a Construction. Contract and which the Developer intends to preserve the ability to finance with the proceeds of District Bonds, and excludes Infrastructure that is a Construction Project approved by the District Board as described in Section 2.1. "Act"means A.R.S. Title 48, Chapter 4, Article 6, as amended. 4 "Agreement" means this Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement, dated as of September_, 2022, by and among the Municipality, the District, Brookfield Homes and the Developer. "ASLD"means the Arizona State Land Department. "Assessed Property" means all or a portion of the real property within the District subject to, from time to time, an Assessment. "Assessment Bonds" means any series of special assessment bonds of the District authorized to be sold and issued by the District as described in this Agreement and the Act, payable from amounts collected from Assessments. "Assessment Diagram" means the assessment diagram to be prepared by the District Engineer and the superintendent of streets (as described in A.R.S. § 48-589 and incorporated by reference in the Act pursuant to A.R.S. § 48-721.A.) showing the parcels and lots subject to Assessments. "Assessment District" means the Assessed Property described in the Assessment Diagram which is benefited by the Work upon which Assessments will be levied. "Assessments" means, as to be originally levied and as thereafter reallocated as described herein, the "not to exceed" proportionate share of costs and expenses of the Work levied against each parcel or lot of the Assessed Property pursuant to A.R.S. Title 48, Chapter 4, Article 6. "Auction Property"has the meaning ascribed in the Participation Contract. "Bonds" means, as applicable, any Assessment Bonds or any General Obligation Bonds issued by the District. "Brookfield Purchase Agreement" means the Purchase Agreement and Partial Assignment and Delegation of Rights Under Participation Contract dated March 14, 2022, as thereafter amended. "Certificate of Purchase" means Certificate of Purchase No. 53-120190, pursuant to which D.R. Horton is entitled to purchase the Property from ASLD. "Certificate of the Engineers"means a certificate of the Developer's Engineer and the District Engineer in substantially the form of Exhibit C hereto. "Community Plan" means the Master Planned Community Zoning Ordinance and Development Plan for the Auction Property adopted by the Municipality on October 5, 2021, as Ordinance No. 1513, together with any amendment thereto approved by the Municipality in the manner required by Community Plan and City Code. "Construction Contract"means a construction or acquisition contract for a Project procured and awarded pursuant to the Public Bid Requirements. 5 "Construction Cost" means an amount equal to the sum of the amounts paid by the Developer or the District for: (1)the cost of any Plans and Specifications which have been procured pursuant to Section 2.6 of this Agreement and comply with Section 5.3 (including the costs of the review of such design by the District Engineer); (2) construction of the Project pursuant to the Construction Contract for such Project (such amount to be equal to the contract amount plus any increases to such contract amount approved as described in Section 3.5 less any change orders decreasing the contract amount); (3)independent third party inspection and supervision of performance under such Construction Contract; and (4) other miscellaneous or incidental costs for such Project attributable to construction of the Project approved by the District Engineer and as certified in the Certificate of the Engineers for that Project. "Construction Project" means each. Project which is a part of Infrastructure constructed by the District as described in Section 2.1. "Conveyance" means a conveyance for a Segment in substantially the form of Exhibit D hereto. "days"means Justinian calendar twenty-four hour periods. "Developer" means Brookfield ASLD 8500 LLC, a Delaware limited liability company. "Developer's Engineer" means any firm of professional engineers procured using Public Procurement Requirements and hired by the Developer after approval thereof by the District Manager to perform the services required therefrom for the purposes hereof. "Disclosure Statement" means the disclosure statement substantially in the form of Exhibit E hereto or such other form agreed to by the Developer and the Municipality. "District" means Superstition Vistas Community Facilities District No. 2, a community facilities district formed by the Municipality, and organized and existing, pursuant to the laws of the State. "District Board"means the board of directors for the District. "District Budget" means the annual budget of the District adopted by the District Board for each Fiscal Year. "District Consulting Costs" means the costs and expenses incurred by the District as described in Section 1.3 of this Agreement. "District Engineer" means such engineer as is appointed or designated, from time to time, on behalf of the District by the District Manager. "District Expenses" means the expenses and costs of the operation and administration of the District including, without limitation, the expenses and costs billed to the District by the Municipality for services relating directly or indirectly to the District, including but not limited to: overhead incurred by the Municipality in providing services to the District and 6 the operation and maintenance of the District's website including searchable electronic records database pursuant to A.R.S. § 48-727; the expenses and costs of administering and operating the District, including the District Consulting Costs, District lnsurance Expense and the costs, time and expenses of staff and overhead incurred by the District; the costs of issuance and administration of Bonds not paid with the proceeds of Bonds; and Initial Expenses not paid pursuant to Section 9.3 of this Agreement. "District Indemnified Party" means the Municipality and each council member, director, trustee, member, officer, official, agent or employee thereof or of the District. "District Insurance Expense"means the annual or semi-annual premium costs and expenses incurred in obtaining a policy or policies of insurance in the form and coverage amounts described in Section 8.3(a) or as otherwise determined by the District Manager exercising his or her sole and absolute discretion, providing for commercial general liability coverage for, from and against the Municipality and the District, its directors, officers, agents and employees against any losses, claims, damages or liabilities, directly or indirectly, arising from or related to activities or administration of the District, including but not limited to, any losses, claims, damages or liabilities related to the offer and sale of the Bonds. District Insurance Expense also includes, to the extent necessary as a result of application to claims under such insurance, amounts to pay the deductible described in Section 8.3(a). "District Manager" means the City Manager, or designee, serving independently from the Municipality as the manager of the District. "Engineers"means, collectively, the Developer's Engineer(as applicable) and the District Engineer. "Estimate" means the estimate of the Financeable Amount indicated in the Report. "Financeable Amount" means, with regard to any Project, the total of amounts necessary to pay: (1) the total of all Construction Costs or Segment Prices due pursuant to Construction Contracts for any such Project; and (2) (i) all other amounts indicated in this Agreement (including the cost of Plans and Specifications); (ii) all relevant issuance costs related to any Bonds; (iii) capitalized interest for a period not in excess of that permitted by the Act and federal law; and (iv) if requested by the Developer and approved by the District Board, in its sole discretion, an amount necessary to fund a debt service reserve fund in an amount not in excess of that permitted by the Act and federal law as described elsewhere herein. "Fiscal Year" means the twelve (12) month period beginning on July 1 of any year and ending on June 30 of the following year. "Force Majeure" means any condition or event not within the control of a party obligated to perform hereunder, including, without limitation, "acts of God"; strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of the government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; pandemics; quarantines; curfews; federal, State or local executive 7 orders mandating public obedience to government emergency order mandates; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests; restraints of government and of people; explosion; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is in the judgment of the party hereto unfavorable to such party, shall not constitute failure to use its commercially reasonable efforts to remedy such a condition or event. "General Obligation Bonds" means any series of general obligation bonds of the District authorized to be sold and issued by the District. "General Plan of the District" means the General Plan submitted by D.R. Horton in connection with the petition for formation of the District in accordance with the Act. "IGA" means the Intergovernmental Agreement by and among the Water Utilities Community Facilities District (City of Apache Junction, Arizona), the Superstition Mountains Community Facilities District No. 1, the Superstition Vistas Community Facilities District No. 1 and the Superstition Vistas Community Facilities District No. 2 Pertaining to Community Facilities District Operations, Infrastructure and Financings, dated as of November 30, 2021 and recorded January 24, 2022, in the Official Records of the Pinal County Recorder as Instrument No. 2022-009053. "Indemnified Party" means the Municipality and the District and each council member, legislator, director, trustee, partner, member, officer, official, independent contractor, agent or employee thereof and each person, if any, who controls the Municipality and/or the District within the meaning of the Securities Act. Indemnified Parry further includes SMCFD and WUCFD and each director, trustee, partner, member, officer, official, independent contractor, agent or employee thereof, but only in connection with any Infrastructure accepted by SMCFD or WUCFD,respectively. "Infrastructure" means, collectively, the public infrastructure and public infrastructure purposes described in Exhibit B hereto and described in the General Plan of the District to be the subject of a Report. "Initial Expenses" means, the expenses and costs incurred by the District and the Municipality in connection with the formation and initial operation of the District and budgeted District Expenses specifically allocated to the Initial Expenses. "Intergovernmental Agreement Act" means Title 11, Chapter 7, Article 3, Arizona Revised Statutes, as amended. "Land Development Agreement" means the Development Agreement for Superstition Vistas dated October 5, 2021, between the Municipality and D.R. Horton and recorded on November 4, 2021, in the Official Records of Pinal County as Instrument No. 2021- 140530, as the same may be amended from time to time, and as partially assigned to Brookfield Homes pursuant to that certain Partial Assignment and Assumption of Development Agreement for Superstition Vistas dated March 14, 2022, between D. R. Horton and Brookfield Homes, and recorded as Fee No. 2022-087116 in the official records of Pinal County, Arizona, and further 8 partially assigned to Developer pursuant to that certain Partial Assignment and Assumption of Development Agreement for Superstition Vistas dated March 14, 2022, between Brookfield Homes and Developer, and recorded as Fee No. 2022-0871.20 in the official records of Pinal County, Arizona, as the same may be amended from time to time. "Municipality" means the City of Apache Junction, Arizona, an Arizona municipal corporation. "Necessary Public Property"has the meaning ascribed in Section 2.5. "O/M Expenses" means any and all expenses and costs of the operation and maintenance of any Project and accumulating a Replacement Reserve Amount with respect to the Projects including any overhead incurred by the Municipality, or other governmental entity, with respect thereto and specifically allocated to the O/M Expenses. "O/M Reserve"has the meaning ascribed in Section 9.4. "O/M Tax" means an ad valorem tax levied at the rate of not to exceed $0.30 per $100.00 of net assessed limited property valuation against all real and personal taxable property in the District;provided that such O/M Tax rate may be increased in accordance with the Act. "Participation Contract" means the Participation and Infrastructure Contract Regarding ASLD Sale No. 53-120190, executed on November 12, 2020, between ASLD and the Developer, as amended by the First Amendment to Participation and Infrastructure Contract Regarding ASLD Sale No. 53-120190, executed as of September 30, 2021 (the "First Amendment to Participation Contract"), as the same may be thereafter amended. "Patented"has the meaning ascribed in the Participation Contract. "Plans and Specifications"means the plans and specifications for a Project which, if the District acquires, shall be prepared and reviewed in accordance with the same standards and requirements for plans and specifications for construction projects of the Municipality, or other governmental entity, similar to the Project or the Acquisition Project, as applicable. "Project" means each component or element which is a part of the Infrastructure on an individual basis and includes both Acquisition Projects and Construction Projects which are the subject of a Construction Contract in the name of the District. "Property"means the real property described in Exhibit A to this Agreement. "Public Procurement Requirements" means the public procurement and award processes established pursuant to A.R.S. Title 34, as amended from time to time, and the procurement policies of the Municipality, or other governmental entity, pertaining to projects of the Municipality, or other governmental entity, similar to the Infrastructure. "Replacement Reserve Amount" means an amount calculated using generally acceptable accounting practices based on the useful life of the various assets comprising the 9 Projects established by the Internal. Revenue Code of 1986, as amended, to be used to replace such assets. "Report" means the study of the feasibility and benefits required by the Act for each applicable Project or Acquisition Project. "Securities Act"means the Securities Act of 1933,. as amended. "Segment" means a completed, discrete, functional portion of a Project as determined by the District Engineer and the District Manager, in their sole discretion. "Segment Price" means an amount equal to the sum of the amounts paid by the Developer or the District for: (1)the Plans and Specifications for the Segment if approved by the District Board as described in Section 2.6 and Section 5.3 of this Agreement, (including the costs of the review of such design by the District Engineer); (2) construction of the Segment pursuant to the Construction Contract for such Segment (such amount to be equal to the contract amount plus any increases to such contract amount approved as described in Section 3.5 less any change orders decreasing the contract amount); (3) independent third party inspection and supervision of performance under such Construction Contract; (4)the fair market value of any real property required for public purposes, other than right-of-way, utility, access easements or other land typically required to be dedicated by developers of infrastructure similar to the Project, if included in a Report approved by the District Board, in its sole discretion; and (5) other miscellaneous or incidental costs for such Segment attributable to design and construction of the Segment approved by the District Engineer and as certified in the Certificate of the Engineers for that Segment. "Shortfall"has the meaning ascribed in Section 9.2(b). "SMCFD" means Superstition Mountains Community Facilities District No. 1, a municipal corporation and political subdivision of the State. "State"means the State of Arizona. "Work" means the portion of the Infrastructure described in the resolution of intention pertaining to the formation of an Assessment District. "Work Plans and Specifications" means, the descriptions of the Infrastructure in the Report and the Plans and Specifications for the corresponding Projects, which shall comprise the Work. "WUCFD" means Water Utilities Community Facilities District (City of Apache Junction, Arizona), a municipal corporation and political subdivision of the State. (b) All references in this Agreement to designated "Exhibits," "Articles," "Sections" and other subdivisions are to the designated Exhibits, Articles, Sections and other subdivisions of this Agreement as originally executed. 10 (c) The words "herein," ..hereof' and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Exhibit, Article, Section or other subdivision. Section 1.2. Except as otherwise specifically provided in this Agreement, the District shall be subject to and governed by the terms and provisions of this Agreement and the applicable terms and provisions of the Land Development Agreement, Community Plan and the CFD Guidelines, as the same may be amended from time to time; provided, in the event of a conflict between the Land Development Agreement, Community Plan, this Agreement and the CFD Guidelines, the Land Development Agreement, Community Plan and this Agreement shall. control; provided, further, in the event of a conflict between the Land Development Agreement and Community Plan and this Agreement, the Land Development Agreement and Community Plan shall control. This Agreement shall supersede and replace in its entirety the Original Agreement. Section 1.3. The District may retain an independent financial advisor, legal counsel, bond counsel, underwriter, engineer and such other advisors and consultants as the District determines are necessary to assist in its operations, including but not limited to evaluating budgets, reports, financing documents, District construction documents and similar matters. District Consulting Costs shall be included as District Expenses, provided, however, all or certain District Consulting Costs may, if approved by the District Board, be paid with the proceeds of Bonds. Section 1.4. The District shall maintain its records and conduct its affairs in accordance with the Act, the laws of the State, and this Agreement. Section 1.5. The Municipality shall be paid by the District for costs and expenses relating to the District and the Infrastructure financed by the District, provided, however, in no event shall the Municipality be paid less than fifteen thousand ($15,000.00) per fiscal year. The Municipality may request the District to allocate all or any portion of such amount to SMCFD and WUCFD in accordance with the IGA. Upon request of the Developer, the Municipality will provide the District and the District will provide the Developer with an invoice for the Municipality's costs and expenses. Section 1.6. (a) All Infrastructure described in the District's General Plan (as defined in the Act) that is or expected to be financed with District moneys or proceeds of District Bonds: (i) shall be public infrastructure as described in the Act; and (ii) shall be publicly procured and awarded pursuant to the Public Procurement Requirements. (b) The form of Notice Inviting Bids shall be in such form as agreed to by the Engineers and approved by the Municipality. (c) Compliance with the Public Procurement Requirements shall be evidenced by the Certificate of the Engineers. (d) All Construction Contracts relating to Infrastructure shall provide that the respective contractors or vendors shall not have recourse, directly or indirectly, against the Municipality or other governmental entity, as applicable. In the case of any initial financing II provided by the Developer of any Construction Contract relating to Infrastructure for which reimbursement is expected, such Construction Contract shall provide that the respective contractors or vendors shall not have recourse, directly or indirectly, against the District for the payment of any costs under such contract or any liability, claim or expense arising therefrom and that the Developer shall have sole liability for payment under such. Construction Contract of all. such amounts. Section 1.7. (a) The Developer, or, after the end of the Developer's Exclusive Period (as defined herein), the District or the Municipality or, if applicable, any third party owning real property within the District, shall have the right to submit to the District Board one or more Reports pertaining to the issuance of Bonds to finance the construction, acquisition or installation of all or a part of the Infrastructure described in the General Plan. The District Board, exercising its sole discretion, may thereafter approve or reject the Report and approve or reject the issuance of District Bonds. With respect to the issuance of Bonds, the District Board may consider Reports submitted by: (1) the District or the Municipality and issue Bonds upon (and only upon) the earliest to occur of: (i) the twenty-fifth (25th) anniversary of the formation of the District, (ii)the date on which the District has issued seventy percent (70%) or more of the General Obligation Bonds authorized at the election referenced in the Recitals hereto, or (iii)the date on which the undeveloped portion of the Property then owned by the Developer within the District represents less than fifteen percent (15%) of the land within the District (and for purposes of item (iii) Developer shall be deemed to own any portion of the Property that the Developer has the right to acquire pursuant to the Brookfield Purchase Agreement under the terms of the Certificate of Purchase and the Participation Contract); provided, further in any such event the District may consider Reports submitted for Assessment Bonds by parties other than the Developer only if no portion of the assessment to be levied to secure the Assessment Bonds will be levied on property owned by the Developer; or (2) parties other than Developer upon (and only upon) the earliest to occur of. (i) the twenty-fifth (251h) anniversary of the formation of the District, or (ii) the date on which undeveloped portion of the Property then owned by the Developer within the District represents less than fifteen percent (15%) of the land within the District (and for purposes of item (ii) Developer shall be deemed to own any portion of the Property that the Developer has the right to acquire pursuant to the Brookfield Purchase Agreement under the terms of the Certificate of Purchase and the Participation Contract) (the foregoing periods described in clauses (1) and (2) are collectively referred to herein as the "Developer's Exclusive Period"). Any District financing not initiated by the Developer shall be in accordance with the CFD Guidelines and as otherwise approved by the District Board. (b) Notwithstanding the provisions set forth above in paragraph (a) of this Section, the District Board, at any time, may approve a Report and authorize the issuance and sale of Bonds, notwithstanding whether the Report was submitted by the District or the Municipality, if the proceeds of such Bonds are necessary to: (1) alleviate or otherwise contain bona fide threats, as determined by the District Engineer (provided, however, the Developer may appeal such determination to the District Board and the District Board's determination shall be conclusive), to public health and safety within the District; (2) construct Infrastructure required to be constructed by the Developer and the Developer has failed to construct such Infrastructure after a written request has been presented by the Municipality or other governmental entity; or (3) to repair or replace Infrastructure which the Municipality, or other applicable governmental entity, is responsible to maintain and which was not installed pursuant to or in conformance with 12 approved plans or specifications or which the District Engineer and Developer's Engineer mutually agree has failed prior to its expected useful life, as such useful life is established by usual and customary engineering principles, except if such failure is attributable to the failure of the Municipality, or other governmental entity, to maintain such Infrastructure to applicable standards. (c) The Developer and Brookfield Homes acknowledge and agree as follows: (1) the approval of any Report, the issuance and sale of Bonds or the District's levy of taxes, assessments, fees or charges are subject to the sole, absolute and unfettered discretion of the District and District Board; (2) nothing contained in this Agreement or any action or continued actions taken or not taken pursuant to this Agreement shall create any obligation, express or implied, of the District to issue or continue to issue Bonds of any type or amount or levy or continue to levy any tax or assessment of any type or amount; (3)the Developer and Brookfield Homes have no rights and expressly waive any and all future rights, claims or causes of action, express or implied, created by this Agreement for any action or continued actions taken or not taken pursuant to this Agreement or under any other agreement with the District or the Municipality that would create any obligation of the District to issue or continue to issue Bonds of any type or amount or levy or continue to levy any tax or assessment (except as necessary to pay debt service on outstanding Bonds of the District); (4)the Developer and Brookfield Homes are not relying now or shall not rely in the future on Bonds, taxes, assessments, fees or other District actions for the development of the Property; and (5)upon expiration of the Developer's Exclusive Period, as referenced in Section 1.7(a), or the occurrence of an event described in Section 1.7(b), as applicable, the District may issue Bonds or levy taxes, assessments, fees or charges for purposes other than payment to the Developer for Acquisition Projects then eligible for financing pursuant to Article III of this Agreement. The District shall review submitted Reports in accordance with the time periods described in A.R.S. § 48-715. Section 1.8. Notwithstanding Section 1.7 above, the Developer shall be permitted to withdraw any Report submitted by the Developer from consideration by the District at any time before the conclusion of the hearing thereon. In the event of such a withdrawal, the District Board shall not approve the Report or adopt any resolution which would effect an implementation of any part of the transaction described in such Report. The Developer shall be permitted to resubmit any such withdrawn Report or any Report which has been rejected by the District Board and then amended by the Developer, at such time as the Developer may, in its sole discretion, deem advisable. The Developer is responsible for the costs incurred prior to the withdrawal, including consultant fees. 13 ARTICLE II CONSTRUCTION OF PROJECTS BY THE DISTRICT; ACQUISITION OF PLANS AND SPECIFICATIONS Section 2.1. Upon a written request of the Developer and after approval by the District Board, exercising its sole discretion, the District may enter into a Construction Contract to construct a portion of the Infrastructure. The District may cause any portion of the Infrastructure to be constructed pursuant to the Plans and Specifications which, in the discretion. of the District Manager, allows for development of the Property to proceed in accordance with the terms of the Participation. Contract and the Land Development Agreement and any amendment thereto. The District shall not enter into a Construction Contract unless all Necessary Public Property has been conveyed to the Municipality or, if applicable, to the District or other governmental entity pursuant to Section 2.5 of this Agreement. Section 2.2. (a) The procurement and preparation of the Plans and Specifications and the procurement of the contractor for a Construction Contract for Infrastructure shall be procured and awarded pursuant to the Public Procurement Requirements. The Infrastructure shall be designed and constructed in accordance with the requirements for constructing projects of the Municipality, or other applicable governmental entity, similar to the Projects. (b) The Infrastructure (or any Project which is a part thereof) shall be procured in one or more parts by and in the name of the District, and Construction Contracts shall be entered into with the respondent selected in accordance with the requirements for awarding contracts pursuant to the Public Procurement Requirements and the requirements of the Municipality, or other applicable governmental entity, pertaining to projects of the Municipality or governmental entity similar to the Construction Contracts. Section 2.3. None of the Developer or any corporation, partnership or other business entity that owns or controls, is owned or controlled by, or is under common ownership or control with Developer, have been or shall be compensated by any of the Municipality, another governmental entity, or the District for any costs of any Project except as provided herein. Section 2.4. The public procurement of a Project or, at the sole discretion of the District Board, the award of a Construction Contract in the name of the District, shall occur only after the sale and delivery of the Bonds in an amount sufficient to produce Bond proceeds, together with any cash collections of Assessments or other lawfully available monies, to pay all the applicable Financeable Amounts. Section 2.5. Unless the District Board, in its sole discretion, agrees such real property is to be acquired by the District as part of the construction of the Project, prior to publicly procuring any Construction Contract for the construction of a Project under this Article II, or at such other time as approved by the District Board or District Manager, in its or his discretion, the Developer or other landowner shall dedicate to the District or the Municipality, as directed by the District Manager, or, if directed by the District Manager, to such 1.4 other governmental entity (as applicable), without cost, all necessary real property required for the construction, ownership and operation of the Project (the "Necessary Public Property"). The type, size and terms of the Necessary Public Property required for the Project shall be as provided for in the Participation Contract, Land Development Agreement and Community Plan, as applicable, and otherwise shall be in compliance with the requirements for public infrastructure projects of, as applicable, the Municipality, or other applicable governmental entity, similar to the Project. In addition, any such dedication to the District, the Municipality, or other governmental entity, as applicable, shall occur after receipt by the District Manager of the following with respect to such Necessary Public Property, in form and substance reasonably satisfactory to the District Manager: (i) special warranty deed, easement or other conveyance instrument acceptable in form and substance to the Municipality (or other governmental entity) from the Developer or the applicable landowner for such Necessary Public Property executed by an authorized officer of the Developer or other landowner(as applicable), (ii) such environmental assessments or other evidence satisfactory to the District Manager that such Necessary Public Property does not contain environmental contaminants, historical sites, burial grounds or other conditions which make such Necessary Public Property unsuitable for its intended use or to the extent such conditions are present, a plan satisfactory to the District Manager which sets forth the process by which such Necessary Public Property will be made suitable for its intended use, a plan for remediation of such conditions, if required by the District Manager and the sources of funds necessary to accomplish such purpose, and (iii) such other documents, instruments, approvals or opinions as the District, Municipality, or other governmental entity, as applicable, may reasonably request including title reports, insurance, findings of no significant impact, etc. Section 2.6. Plans and Specifications for the Projects which pertain to possible Construction Contracts to be entered into by the District pursuant to this Article II or to possible Acquisition Projects to be acquired pursuant to Article III shall be procured utilizing Public Procurement Requirements. The District shall not be liable for any payment or repayment to the Developer with respect to the Plans and Specifications except as provided by this Agreement. ARTICLE III CONSTRUCTION OF ACQUISITION PROJECTS BY THE DEVELOPER; CERTAIN MATTERS RELATED TO PLANS AND SPECIFICATIONS AND CHANGE ORDERS Section 3.1. Subject to the terms of this Agreement including the obligation of the District under the circumstances described herein to pay the Segment Price for a Segment or the Construction Cost of any Acquisition Project as hereinafter provided, the Developer shall, at the sole cost and expense of the Developer, cause the Infrastructure (other than Infrastructure constructed by the District pursuant to Article II of this Agreement) to be constructed pursuant to the Plans and Specifications, in a fashion which allows for development of the Property to 15 proceed in accordance with the terms of, and the timing provided by, the Community Plan and the Land Development Agreement on real property in which the Developer has an interest. Section 3.2. (a) The procurement and preparation of the Plans and Specifications and the procurement of a contractor for the construction of an Acquisition Project shall be procured and awarded pursuant to the Public Procurement Requirements applicable to such Project. Construction Contracts and the construction of the Acquisition Project related thereto shall be in accordance with the requirements for constructing projects of the Municipality, or other applicable governmental entity, similar to the Acquisition Project. (b) The Municipality, the District, or other applicable governmental entity shall not bear any risks, liabilities, obligations or responsibilities under any contract to prepare the Plans and Specifications, under any Construction Contract for Acquisition Projects, or any risk of loss of or damage to any Acquisition Project (or any part thereof) occurring prior to the later of. the time of acceptance or the time of acquisition of such Acquisition Project (or part thereof)pursuant to Article IV. (c) The Municipality and the District shall each be named as an additional insured party on any and all insurance policies required under the bid specifications for procurement of the Plans and Specifications or the procurement and contract terms of a Construction Contract for any Acquisition Project and as a third-party beneficiary with respect to all bonds, warranties and guarantees with respect thereto. (d) Evidence of final payment, lien releases, assignments and such other documents as required by the District Manager or District Engineer shall be provided by the Developer to the District before any acquisition pursuant to Article IV. If any liens are placed on any portion of an Acquisition Project which is the subject of a Construction Contract or if litigation ensues between the Developer and any contractor or other person with respect to an Acquisition Project or Construction Contract pertaining to an Acquisition Project, the District shall not acquire the Acquisition Project or any portion thereof until such liens are removed or such litigation is resolved. Section 3.3. (a) Any advertisement for bids and a Construction Contract for any Acquisition Project or any advertisement for bids and a contract for services relating to the preparation of any Plans and Specifications for any Acquisition Project shall clearly indicate that the Developer will be the "OWNER" for purposes of the Construction Contract or contract for such Plans and Specifications and shall include the following language: "THE WORK WHICH IS THE SUBJECT OF THE BID IS THE SUBJECT OF AN AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT AMONG DEVELOPER, BROOKFIELD HOMES HOLDINGS LLC, THE CITY OF APACHE JUNCTION, ARIZONA, AND SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 PURSUANT TO WHICH SUCH WORK MAY BE ACQUIRED FROM OWNER BY SUCH COMMUNITY FACILITIES DISTRICT. THE SUCCESSFUL BIDDER WILL NOT HAVE RECOURSE, DIRECTLY OR INDIRECTLY, TO SUCH CITY OR COMMUNITY FACILITIES DISTRICT FOR ANY COSTS UNDER ANY CONTRACT OR ANY LIABILITY, CLAIM OR EXPENSE ARISING THEREFROM." 16 (b) Each Construction Contract or contract for such Plans and Specifications shall provide that the respective contractors shall not have recourse, directly or indirectly, against the Municipality, the District, or other applicable governmental entity, for the payment of any costs pursuant to such Construction Contract or contract for such Plans and Specifications or any liability, claim or expense arising therefrom and that the Developer shall have sole liability therefor. Notwithstanding the foregoing, each Construction Contract or contract for Plans and Specifications shall provide for the assignment of all insurance, warranties, guarantees and owner's rights to the District, the Municipality or other governmental entity, as directed by the District Manager or designee, upon acquisition of the Acquisition Project. Section 3.4. The Developer shall provide for inspection of Work performed under any Construction Contract by the Engineers and, if applicable the Municipality or other applicable governmental entity. The District and, if applicable, the Municipality, shall comply with the inspection review time periods described in A.R.S. § 48-728. In accordance with the IGA, to the extent applicable, SMCFD and WUCFD have agreed to comply with A.R.S. § 48- 728. Section 3.5. Any change order to any Construction Contract or contract for Plans and Specifications shall be subject to approval by the Engineers (which approval shall not be unreasonably withheld or delayed) and shall be certified to in the applicable Certificate of the Engineers; provided, however, that any change order or the aggregate of any change order and all previously approved change orders: (i) expected to increase the contract amount of a Construction Contract in excess of ten percent (10%); (ii) for work not reasonably related to the scope of work in the Construction Contract; or (iii) constituting a material change to the scope of the Project shall be the subject of the same approval requirements that a change order to a construction contract of, as applicable, the Municipality or other applicable governmental entity would be subject unless modified by action of the District Board and, specifically, the approval of the District Manager. ARTICLE IV ACQUISITION OF ACQUISITION PROJECTS FROM THE DEVELOPER Section 4.1. (a) Subject to the other terms of this Agreement and after the District Board, exercising its sole discretion, approves a Report, the Developer shall sell to the District, and the District shall acquire from the Developer, the Acquisition Project or Segments thereof, together with (if not previously conveyed or dedicated) the Necessary Public Property, for the Construction Costs or Segment Prices, as applicable. (b) Acquisition of an Acquisition Project or a Segment shall be financed only pursuant to Section 5.2 hereof. (c) None of the District, the Municipality, or other applicable governmental entity, shall be liable for any payment or repayment to the Developer with respect to the Acquisition Project except as provided by this Agreement. 17 Section 4.2. Unless the District, in its sole discretion, agrees such real property is to be acquired as part of the Project, the Developer or other landowner, as applicable, shall dedicate to the District or the Municipality, as directed by the District Manager, or if directed by the District Manager, to such other governmental entity (as applicable), without cost, all Necessary Public Property required for the Acquisition. Project or the Segment, as applicable. The type, size and terms of such Necessary Public Property required for the Acquisition Project shall be in accordance with the Participation Contract, the Land Development Agreement and the Community Plan, as applicable, and otherwise shall be in compliance with the requirements for public infrastructure projects of the Municipality, or other governmental entity, similar to the Project. Following the conveyance or dedication of Necessary Public Property to the District, the Municipality or other governmental entity, the District, the Municipality or other governmental entity, as applicable, shall provide any required license or other use right in respect of the Necessary Public Property conveyed or dedicated, as necessary to permit the construction of all or any remaining portion of the Acquisition Project (including performing required warranty work). Section 4.3. The District shall pay the Construction Cost or Segment Price, as applicable, and acquire from the Developer, and the Developer shall accept the Construction Cost or Segment Price for and sell to the District, the applicable Acquisition Project or Segment described in the approved Report as provided in Section 4.1 within sixty (60) days after receipt by the District Manager of the following with respect to such Acquisition Project or Segment, in form and substance reasonably satisfactory to the District Manager: (a) the Certificate of the Engineers; (b) the Conveyance; (c) special warranty deed, easement, map of dedication, plat or other conveyance instrument for all Necessary Public Property, executed by an authorized officer of the Developer or other landowner, or, if applicable, evidence that all Necessary Public Property pertaining to the Segment or the Acquisition Project, as applicable, has been conveyed to the District or dedicated to the Municipality or other governmental entity, as applicable, pursuant to Section 2.5 of this Agreement; (d) the assignment of all applicable contractors' and materialmen's warranties and guarantees as well as payment and performance bonds; (e) a letter of acceptance issued by the Municipality, or other governmental entity, and by its terms subject specifically to recordation of the Conveyance which is the subject of such letter; (f) if applicable, executed agreements pertaining to the Developer's maintenance obligation for such Acquisition Project or Segment; and (g) such other documents, instruments, insurance, warranties or approvals as may reasonably be requested by the District Manager, or as may be required by the Municipality (if such requirements are consistent with the Land Development Agreement), or other governmental entity, for projects similar to the Acquisition Project, including, with respect 18 to any real property related to the Acquisition Project or Segment, title reports and evidence satisfactory to the District Manager that such real property does not contain environmental contaminants, historical sites, burial grounds or other conditions which make such real property unsuitable for its intended use or, to the extent such conditions are present, a plan satisfactory to the District Manager which sets forth the process by which such real property will be made suitable for its intended use and the sources of funds necessary to accomplish such purpose. ARTICLE V FINANCING OF COSTS OF PROJECTS AND PLANS AND SPECIFICATIONS Section 5.1. (a) Any amounts due pursuant to a Construction Contract wherein the District is the "owner" for purposes of such Construction Contract shall comply with the provisions of Article II of this Agreement. (b) For any Construction Contract wherein the District is the "owner" for purposes thereof, until the requirements set forth in Article II of this Agreement are satisfied, the District shall not have any obligation to pay any amounts pertaining to any Work or Construction Contract or Plans and Specifications relating thereto. Section 5.2. (a) To provide for the financing of the acquisition of an Acquisition Project or a Segment thereof as described in Article III of this Agreement, the Developer shall submit a Report pertaining to such Acquisition Project or Segment to the District Board for its approval, which Report the District Board may approve or reject, exercising its sole discretion. If the Report is rejected, explanations for the rejection shall be provided and the Developer will be given the opportunity to address the District Board's concerns and resubmit the Report for the District Board's consideration. Notwithstanding the approval of the Report, the issuance of Bonds or the District's levy of taxes or assessments shall require District Board approval, which approval or denial may be exercised by the District Board in its sole discretion. Prior to the sale of the Bonds, the Segment Price of that Acquisition Project or Segment shall be paid by the Developer subject to the payment terms of this Agreement. (b) If the District's issuance of Bonds for the financing of the acquisition of an Acquisition Project is approved, as soon as possible after the sale and delivery of the Bonds, the amount advanced by the Developer for the Construction Cost or Segment Price of an Acquisition Project or a Segment thereof shall, subject to the requirements of Sections 4.2 and 4.3,be paid to the Developer from, and only from, the available, unrestricted proceeds of the sale of the Bonds to the extent only of the remaining amounts thereof(and, if applicable, cash collections, if any, from the Assessments). The District, the Municipality, or, as applicable, other governmental entity, shall not be liable to the Developer or any other landowner (or any contractor or assigns under any Construction Contract) for payment of any Construction Cost or Segment Price except to the extent available, unrestricted proceeds of the sale of the Bonds (and, if applicable, cash collections, if any, from the Assessments) are available for such purpose, and no representation or warranty is given that Bonds will be issued, can be sold or that sufficient available, unrestricted proceeds from the sale of the Bonds shall be available to pay any Construction Cost or Segment Price. In the event there are not sufficient Bond proceeds to pay 19 all of the Construction Cost or Segment Price, nothing contained herein shall preclude the Developer from including the unpaid portion in a future Report or preclude the District from including the unpaid portion in a future Bond financing. Section 5.3. The costs of any Plans and Specifications for a Project to be constructed by the District pursuant to Article II of this Agreement or for an Acquisition. Project pursuant to Article III of this Agreement, and the Construction Costs of any Acquisition Project or Segment Price of a Segment may be paid only after: (i) the District Board's approval of a Report submitted by the Developer, which Report the District Board may approve or reject exercising its sole discretion; (ii) the issuance, sale and delivery of the Bonds (and while there are remaining, available, unrestricted proceeds of the sale of the Bonds)produces Bond proceeds sufficient to pay all Construction Costs or Segment Prices; and (iii) the receipt by the District Manager of reasonable evidence of ownership of the Plans and Specifications including architectural or design materials (including memorandums, notes and preliminary and final drawings) and the related intellectual property rights (including copyright, if any) related to such Plans and Specifications, in all media, including electronic. Section 5.4. The District, the Municipality or, as applicable, other governmental entity shall not be liable to the Developer or any other landowner (or any contractor or assigns under any Construction Contract) for payment of any Construction Costs or Segment Price or for the costs of Plans and Specifications except to the extent available, unrestricted proceeds of the sale of the Bonds (and, if applicable, cash collections, if any, from the Assessments) are available for such purpose, and no representation or warranty is given that the Bonds can be sold or that sufficient, available, unrestricted proceeds from the sale of the Bonds shall be available to pay such Construction Costs or Segment Price or the costs of such Plans and Specifications. In the event there are not sufficient Bond proceeds to pay all of the Construction Costs or Segment Price, or the costs of such Plans and Specifications, nothing contained herein shall preclude the Developer from including the unpaid portion in a future Report or preclude the District from including the unpaid portion in a future Bond financing. Section 5.5. If any cost component described in a Segment Price is procured or otherwise determined with reference to the Project of which the Segment is a part, without reference to particular Segments (e.g., Plans and Specifications), such cost shall be proportionately allocated among the Segments comprising the Project in a manner approved by the District Manager for purposes of determining the applicable Segment Price. ARTICLE VI MATTERS RELATING TO THE ASSESSMENT BONDS AND THE GENERAL OBLIGATION BONDS AND OTHER OBLIGATIONS OF THE DISTRICT Section 6.1. (a) Upon dates established by the District Manager in his or her sole discretion at the request of the Developer and in accordance with the Act, the District Board shall consider Reports submitted by the Developer and if the District Board, exercising its sole discretion, approves such Report, the District Board, in its sole discretion, may take all such reasonable action necessary for the District to issue and sell, pursuant to the provisions of the 20 Act, the Bonds in accordance with the expected method of financing, including the nature and timing of the issuance of the Bonds set forth in the Report. (b) If the Assessment Bonds or the General. Obligation. Bonds, as applicable, are not issued or if the available, unrestricted proceeds of the sale of the Assessment Bonds or the General Obligation. Bonds are insufficient to pay any or all of the amounts due described in Sections 5.1(a), or 5.2(b), there shall be no recourse against the District, the Municipality or other governmental entity for, and none of the District, the Municipality or other governmental entity shall have liability with respect to, such amounts so due or the Construction Costs or Segment Prices for the Acquisition Project, except from the available, unrestricted proceeds of the sale of the Bonds, if any and as applicable. In the event there are not sufficient Bond proceeds to pay all of the Construction. Cost or Segment Price, nothing contained herein. shall preclude the Developer from including the unpaid portion in a future Report or preclude the District from including the unpaid portion in a future Bond financing. Notwithstanding anything contained in this Agreement, any Report or the Land Development Agreement, Bonds shall not be issued to pay the Financeable Amount of any Project that does not meet the reimbursement eligibility requirements set forth in Section 7.1. (c) The District Board shall, in its sole and absolute discretion, determine on a series by series basis the method of sale of the Bonds. The District will consider factors such as investment grade ratings (as assigned by a nationally recognized bond rating agency), public sale or placement and transfer restrictions, if any, at the time each series of Bonds is sold. (d) All costs of issuance related to the issuance, sale and delivery of the General Obligation Bonds and the Assessment Bonds shall be paid by Developer, unless otherwise approved by the District Board, in its sole and absolute discretion. On a case by case basis, the District Board may require the Developer to pay an additional amount related to an Assessment Bond or General Obligation Bond transaction for District staff time to process the transaction. (e) The District may enter into agreements with the Treasurer of Pinal County, Arizona, for the collection of ad valorem property taxes, Assessment installment payments, and other fees and charges imposed by the District. The Developer shall consent, as applicable, to the modification of any Assessment Bond or General Obligation Bond financing transaction structure as necessary to comply with such collection agreement between the Treasurer of Pinal County, Arizona, and the District, including, without limitation, agreeing to the application of proceeds of the General Obligation Bonds and the Assessment Bonds to capitalized interest. (f) The District shall only levy Assessments on such portion of the Property that is Patented in accordance with the Participation Contract. Section 6.2. (a) The total aggregate principal amount of all of the series of the General Obligation Bonds shall not exceed $400,000,000, during the term of this Agreement. The General Obligation Bond authorization shall not expire, but the Developer's ability to 21 request reimbursement from proceeds of the sale of General. Obligation Bonds is limited as described in Article VII. (b) A series of the General. Obligation Bonds shall only be issued if the debt service therefor is reasonably projected to be amortized from amounts generated by a tax rate of not to exceed $3.85 per one hundred dollars ($100.00) of net assessed limited property valuation of taxable property within the boundaries of the District as indicated on the certified tax roll for the current tax year; provided, however, and notwithstanding the foregoing, General Obligation Bonds may be issued if authorized by the District Board, in its sole discretion, where a tax rate greater than $3.85 is necessary to pay the combined debt service of a proposed and any outstanding General Obligation Bonds if other financial assurances, sources of revenue or security acceptable to the District Board, in its sole discretion, are provided to secure the payment of debt service on the General Obligation Bonds. (c) For purposes of the foregoing, a delinquency factor for tax collections equal to the greater of five percent (5%) or the historic, average, annual, percentage delinquency factor for the District calculated at or near the time of the issuance of the General Obligation Bonds shall be assumed; all property in the District owned by D.R. Horton, Brookfield Homes or the Developer (including any ownership interest pursuant to the Participation Contract) or any entity owned or controlled (as such term is used in the Securities Act) by D.R. Horton, Brookfield Homes or the Developer shall be assigned the last certified assessed value such property had when categorized as "vacant" for purposes of net assessed limited property valuation and the debt service for any outstanding series of the General Obligation Bonds theretofore issued shall be taken into account in determining whether such tax rate will produce adequate debt service tax collections; provided, however, and without limiting the District's sole discretion pertaining to a decision whether to issue Bonds, the District and the Developer shall use their best efforts to issue the first series of the General Obligation Bonds no later than necessary to have the debt service tax rate of $3.85 appear on the first tax bill applicable to any single family residential dwelling unit to be located within the boundaries of the District to be owned by other than D.R. Horton, Brookfield Homes or the Developer or any entity owned or controlled (as such term is used in the Securities Act) by D.R. Horton, Brookfield Homes or the Developer or any homebuilder to whom D.R. Horton, Brookfield Homes or the Developer or any entity owned or controlled (as such term is used in the Securities Act) by D.R. Horton, Brookfield Homes or the Developer sells property within the boundaries of the District. (d) If requested in the Report or determined to be necessary in the sole discretion of the District Board, the "sale proceeds" of the sale of such series of General Obligation Bonds shall include an amount sufficient to fund a debt service reserve fund, which shall be a reserve to secure payment of debt service on that series of the General Obligation Bonds, in an amount not to exceed the maximum amount permitted by the Internal Revenue Code of 1986, as amended, and the Treasury Regulations applicable thereto. (e) At the sole discretion of the District Board, until such time as all of the Property is Patented pursuant to the Participation Contract, in connection with the issuance of any series of General Obligation Bonds requested in a Report submitted by the Developer, the District Board may require any such series of General Obligation Bonds to have redemption 22 features or final maturity dates as determined appropriate by the District Board in its sole and absolute discretion, and further the District Board may require the projected debt service of any such series of General Obligation Bonds to be calculated using a net assessed limited property valuation which excludes any portion of the Property that is not Patented. Section 6.3. (a) The District Board shall, from time to time and in its sole discretion, take all such reasonable action necessary for the District to levy Assessments and to issue and sell, pursuant to the provisions of the Act, the CFD Guidelines, and this Agreement, Assessment Bonds, in an amount not to exceed the Financeable Amount. The Developer and any landowners shall consent to and assist with necessary actions for the District to levy Assessments and issue and sell Assessment Bonds, including, without limitation, entering into waiver and development agreements pertaining to formation of assessment districts and levying Assessments. The Developer's ability to request reimbursement from proceeds of the Assessment Bonds is limited as described in Article VII. Assessments shall only be levied on portions of the Property that have been Patented pursuant to the Participation Contract. (b) (1) The Assessments shall be levied based on the Financeable Amount, but in any case shall, subject to Section 6.3(d), not exceed $5,000 per single family residential lot. Upon the request of the District, the Developer shall submit data and other information pertaining to the expected average full cash value of the improved residential parcel, such as comparable sales prices, per foot construction costs, or independent estimates or appraisals. (2) The Assessments may be levied pursuant to the procedures prescribed by A.R.S. §§ 48-576 through 48-589, as amended, as nearly as practicable and except as otherwise provided herein, upon all of the Assessed Property in an amount equal to the Financeable Amount based on the benefits to be received by and as allocated to the Assessed Property and shall be collected pursuant to the procedures prescribed by A.R.S. §§ 48-599 and 48-600 as nearly as practicable. (3) The Developer and any other landowners shall accept the Assessments which are in an amount not more than the Financeable Amount against the Assessed Property and have the Assessments allocated and recorded against the Assessed Property; provided, however, that the District Board may modify the Assessments after the Assessments have been assessed to correspond to subsequent changes, modifications or subdividing of the Assessed Property but in no case shall the aggregate total of all Assessments be reduced below a total necessary to provide for debt service for the corresponding Assessment Bonds. (4) In the event of nonpayment of any of the Assessments, the procedures for collection thereof and sale of the applicable portion of the Assessed Property prescribed by A.R.S. §§ 48-601 through 48-607 shall apply, as nearly as practicable, except that pursuant to A.R.S. § 48-721 neither the District nor the Municipality is required to purchase any of the Assessed Property at the sale if there is no other purchaser. (5) Assessments on single family residential lots may be prepaid at any time and the Assessment Bonds secured by such Assessments shall provide for 23 redemption on any interest payment date, without penalty or premium, unless the District approves different prepayment terms, such approval shall be deemed granted if different prepayment terms are set forth in approved bond proceedings. To prepay in whole or in part the applicable portion of any of the Assessments, the following shall be paid in cash to the District: (I) the interest on such portion to the next date Bonds may be redeemed plus (II) the unpaid principal amount of such portion rounded up to the next highest multiple of$1,000 plus (III) any premium due on such redemption date with respect to such portion plus (IV) any administrative, engineering or other fees charged by the District with respect thereto. (6) The Developer and any other landowners hereby acknowledge that lenders and other parties involved in financing future improvements on the Assessed Property (including mortgages for single family residences) may require that liens associated with the Assessments (or applicable portions thereof) be paid and released prior to accepting a lien with respect to any such financing. (c) (1) This Agreement shall be construed to be an express consent by the Developer and all landowners that with respect to the issuance of any Assessment Bonds that: (I) the District may, with respect to the Assessed Property, incur costs and expenses necessary to complete the Work and (II) the District may levy and collect the Assessments in amounts sufficient to pay the Financeable Amount, including the Work, but not in excess of the Financeable Amount. (2) The mailing to the governing body of the Municipality of the Estimate and the Plans and Specifications in the form of the Report pursuant to A.R.S. § 48-715, shall satisfy the filing requirements of A.R.S. § 48-577. (d) At the time of a limited or a private sale of the Assessment Bonds, an appraisal prepared by an MAI appraiser must show that the bulk, wholesale value of each parcel comprising the Assessed Property with all of the Infrastructure described in the Report, and to be financed by the Assessment Bonds and/or for which performance bonds have been obtained, in place as of the date of valuation has a value to lien ratio at least four (4) times as much as the principal amount of the Assessment Bonds assessed to such parcel. In the case of a public sale of Assessment Bonds, an appraisal prepared by an MAI appraiser must show that the bulk, wholesale value of each parcel comprising the Assessed Property with all of the Infrastructure described in the Report, and to be financed by the Assessment Bonds and/or for which performance bonds have been obtained, in place as of the date of valuation has a value to lien ratio at least six (6) times as much as the principal amount of the Assessment Bonds assessed to such parcel. (e) If requested in the Report or determined to be necessary in the sole discretion of the District Board, the proceeds of the Assessment Bonds shall include an amount sufficient to fund a reserve fund, which shall be a reserve to secure payment of debt service on the Assessment Bonds, in an amount not to exceed the maximum amount permitted by the Internal Revenue Code of 1986, as amended, and the Treasury Regulations applicable thereto. Payment from such reserve shall not effect a reduction in the amount of the Assessments, and any amount collected with respect to the Assessments thereafter shall be deposited to such reserve to the extent the Assessments are so paid therefrom. 24 (f) The proceeds of the sale of the Assessment Bonds may include an amount sufficient to fund interest accruing on such series of the Bonds in accordance with the Act. Section 6.4. In the event any portion of the Property is not eligible for an Assessment for any reason, including, without limitation, a determination by the District Board in its sole and absolute discretion, the Developer shall not assess fees or other costs against any of the Property as an alternative to, or in lieu of, the Assessments that would otherwise be paid by owners of the Property related to Bonds without the prior written approval of the District Board, in its sole and absolute discretion. Provided, however, that if the fees or other costs assessed by the Developer as an alternative to, or in lieu of, the Assessments does not exceed the Assessments for other comparable property within the applicable Assessment District, then the District Manager, in his or her sole and absolute discretion, may approve such fees or costs without action by the District Board. Section 6.5. Other than (1) this Agreement, (2) the Assessment Bonds and the General Obligation Bonds and (3) any obligations necessary in connection with either of the foregoing, the District shall not incur, or otherwise become obligated with respect to, any other obligations. ARTICLE VII ACCEPTANCE BY THE MUNICIPALITY AND REIMBURSEMENT ELIGIBILITY Section 7.1. Upon satisfaction of the terms for acceptance of the Infrastructure established by the Municipality or other applicable governmental entity and compliance with the provisions set forth in this Agreement and in the Land Development Agreement, the Municipality, or as applicable, other governmental entity, shall accept such Infrastructure. Unless previously paid by the proceeds of the District's Bonds, if sufficient Bond proceeds are available, the District shall, simultaneously with the acceptance, pay the related Project Construction Cost or Segment Price. If sufficient Bond proceeds are not available, the Municipality or, as applicable, other governmental entity, shall accept such Infrastructure, subject to the right of the Developer within the immediately succeeding ten (10) years from the date of acceptance to seek reimbursement from the District for the advance of Project Construction Costs and/or Segment Prices made by the Developer for the benefit of the District from future Bond proceeds; provided, if the Developer seeks reimbursement there shall be deducted from the reimbursement amount the amount, if any, expended by the Municipality, the District or, as applicable, the other governmental entity, for the purposes described in Section 1.7(b)(3). The Project shall be accepted by the Municipality or, as applicable, other governmental entity, subject to the conditions pursuant to which facilities such as the Projects so constructed are typically accepted by the Municipality or, as applicable, other governmental entity, including for purposes of the maintenance and operation thereof, except as otherwise provided in the Land Development Agreement, and all warranties. Unless previously dedicated and approved for public use by the Municipality or, as applicable, other governmental entity, after acceptance the Project or Segment shall be made available for use by the general public. 25 ARTICLE VIII INDEMNIFICATION AND INSURANCE Section 8.1. (a) Brookfield Homes and the Developer (1) shall, jointly and severally, indemnify and hold harmless each Indemnified Parry for, from and against any and all. losses, claims, damages or liabilities, joint or several, arising from any challenge or matter relating to the formation, activities or administration of the District (including the establishment of the Assessed Property), or the carrying out of the provisions of this Agreement (but not for any matters which are related to infrastructure which is not part of the Infrastructure), including particularly but not by way of limitation for any losses, claims or damages or liabilities (A)related to the levy or collection of any tax or assessment which pays or secures any Bonds; (B) to which any such Indemnified Party may become subject, under any statute or regulation at law or in equity or otherwise, insofar as such losses, claims, damages or liabilities (or actions in respect thereof) arise out of or are based upon any untrue statement or alleged untrue statement of a material fact set forth in any offering document relating to the Bonds, or any amendment or supplement thereto, or arise out of or are based upon the omission or alleged omission to state therein a material fact required to be stated therein or which is necessary to make the statement therein, in light of the circumstances in which they were made, not misleading in any material respect; (C) to the extent of the aggregate amount paid in any settlement of any litigation commenced or threatened arising from a claim based upon any such untrue statement or alleged untrue statement or omission or alleged omission if such settlement is effected with the written consent of Brookfield Homes and the Developer (which consent shall not be unreasonably withheld); and (D)related to any Construction Contract or Project constructed pursuant to a Construction Contract, including claims of any contractor, vendor, subcontractor or supplier and (2) shall reimburse any legal or other expenses reasonably incurred by any such Indemnified Party in connection with investigating or defending any such loss, claim, damage, liability or action; provided, however that the foregoing shall not apply to any loss, claim, damage or liability to the extent arising from the activities or administration of the District with respect to any portion of the Infrastructure that has been accepted by the Municipality, or, as applicable, other governmental entity,pursuant to Section 7.1. (b) Section 8.1(a) shall, however, not be applicable to any of the following: (1) to the extent matters involve any gross negligence or willful misconduct of any Indemnified Party, (2) subject to Section 8.3(c), to the extent any loss, claim, damage or liability for which and to the extent there is insurance coverage, procured for the benefit of the District (excluding any self-insurance or coverage provided pursuant to any insurance contracts obtained by the Municipality in the course of its normal business and not specifically for community facilities district purposes) which names the District as an insured or beneficiary, in order to provide insurance against the errors and omissions of the District Board or the other representatives, agents or employees of the District and, subject to Section 8.3(c), to the extent any loss, claim, damage or liability that is covered by any commercial general liability 26 insurance policy or other financial security instrument actually procured which names the District as an insured or beneficiary. In the event that the insurance available to the Indemnified Party is insufficient to reimburse the Indemnified Party for its actual losses, claims, damages or liabilities, then the Indemnified Party has a right to indemnification from Brookfield Homes and the Developer, but only to the extent that indemnification by Brookfield Homes and the Developer will be secondary to, and in excess of, the insurance available pursuant to this Section 8.1(b)(2) of the Indemnified Party; provided, however, that indemnification by Brookfield Homes and the Developer will not be secondary to any available insurance procured pursuant to Section 8.3(c) or in the event the District is otherwise unable to procure insurance because of a breach by Brookfield Homes or the Developer to pay amounts due pursuant to Section 9.2 or Section 9.3, (3) to the extent any loss, claim, damage or liability arises from or relates to defects in any Infrastructure (i) not constructed by the Developer, or (ii) constructed by the Developer that are not known to the Developer and are discovered after any applicable warranty period following acceptance thereof by the Municipality or, if applicable, other governmental entity, pursuant to Section 7.1, (4) matters arising from or involving any material breach of this Agreement by the District or any other Indemnified Party, (5) the activities or administration of the District with respect to Bonds or Infrastructure that is not the result of a Report submitted by the Developer, (6) the levy and collection of any tax or assessment in order to pay O/M Expenses which the Developer is not obligated to pay or any such levy and collection in order to provide for the payment of Bonds which were not issued and sold as the result of a Report submitted by the Developer, (7) the offer or sale of any Bonds which are not the result of a Report submitted by the Developer, or (8) the claims of any contractor, vendor, subcontractor or supplier under any Acquisition Project Construction Contract or Construction Contract which is not initiated by, or is not the subject of an approved Report submitted by, the Developer. (c) An Indemnified Party shall, promptly after the receipt of notice of a written threat of the commencement of any action against such Indemnified Party in respect of which indemnification may be sought against Brookfield Homes and the Developer, notify Brookfield Homes and the Developer in writing of the commencement thereof and provide a copy of the written threat received by such Indemnified Party. Failure of the Indemnified Party to give such notice shall reduce the liability of Brookfield Homes and the Developer by the amount of damages attributable to the failure of the Indemnified Party to give such notice to Brookfield Homes and the Developer but the omission to notify Brookfield Homes and the Developer of any such action shall not relieve Brookfield Homes and the Developer from any liability that it may have to such Indemnified Party otherwise than under this section. In case any such action shall be brought against an Indemnified Party and such Indemnified Party shall 27 notify Brookfield Homes and the Developer of the commencement thereof, Brookfield Homes and the Developer may, or if so requested by such Indemnified Party shall, participate therein or defend the Indemnified Party therein, with counsel satisfactory to such Indemnified Party and Brookfield Homes and the Developer (it being understood that, except as hereinafter provided, Brookfield Homes and the Developer shall not be liable for the expenses of more than one counsel representing the Indemnified Parties in such action), and after notice from Brookfield Homes and the Developer to such Indemnified Party of an election so to assume the defense thereof, Brookfield Homes and the Developer shall not be liable to such Indemnified Party under this section for any legal or other expenses subsequently incurred by such. Indemnified Party in connection with the defense thereof, subject to obligations of Brookfield Homes and the Developer under Section 8.1(a) of this Agreement; provided, however, that unless and until Brookfield Homes and the Developer defend any such action at the request of such Indemnified Party, Brookfield Homes and the Developer shall have the right to participate at their own expense in the defense of any such action. If Brookfield Homes and the Developer shall not have employed counsel to defend any such action within a reasonable period of time after receipt of written notice of such action or if an Indemnified Party shall have reasonably concluded that there may be defenses available to it and/or other Indemnified Parties that are different from or additional to those available to Brookfield Homes and the Developer (in which case Brookfield Homes and the Developer shall not have the right to direct the defense of such action on behalf of such Indemnified Party, which right may be exercised by an Indemnified Party) or to other Indemnified Parties, the legal and other expenses, including the expense of separate counsel, incurred by such Indemnified Party shall be borne by Brookfield Homes and the Developer. Section 8.2. To the extent permitted by applicable law, the District shall indemnify, defend and hold harmless each Indemnified Party who is not an independent contractor for, from and against any and all liabilities, claims or demands for injury or death to persons or damage to property arising from in connection with, or relating to the performance of this Agreement by the District and any of its officials, officers, employees and agents. The District shall not, however, be obligated to indemnify the District Indemnified Parties with respect to damages caused by the negligence or willful misconduct of the District Indemnified Parties. The District shall not indemnify, defend and hold harmless the Municipality or any other governmental entity with respect to matters relating to public infrastructure owned by the Municipality or any other governmental entity. Section 8.3. (a) The District shall procure and maintain general liability and public official liability insurance for the District and each member of the District Board with limits of$1,000,000 per occurrence or claim, an annual aggregate liability of$3,000,000, with defense costs not included in the limits, and terms and conditions acceptable to the Developer in its reasonable discretion. The District shall maintain an additional $2,000,000 of excess insurance above such primary underlying limits. The deductible associated with the insurance obtained for the District and the members of the District Board shall not be more than $25,000 per occurrence or claim (provided that if such insurance is obtained in accordance with Section 8.3(c), the deductible associated with the insurance shall not be more than $75,000 per occurrence). Otherwise, such insurance shall be procured in accordance with the CFD Guidelines and may include different terms than described in this Section if approved by the District Manager in his or her sole discretion. 28 (b) Subject to the provisions of Section 8.3(c), the insurance required by Section 8.3(a) shall be primary to, and will not seek contribution from, any insurance available to the District as an additional insured pursuant to Section 8.4. Any insurance benefit of the District as an additional insured pursuant to Section 8.4 shall be in excess of any insurance required by Section 8.3(a). Subject to the provisions of Section 8.3(c), if any of the Municipality, or other applicable governmental entities expected to accept Infrastructure, qualify as an insured under the insurances required by Section 8.3(a), then the insurances described in Section 8.3(a) shall be primary to, and will not seek contribution from, any insurance that is available to the Municipality or other applicable governmental entities, as an additional insured pursuant to Section 8.4, and any insurance for the benefit of the Municipality or other applicable governmental entity as an additional insured pursuant to Section 8.4 shall be excess of any insurance required by Section 8.3(a). The District shall obtain all endorsements to its policies of insurance that are needed to cause its policies to comply with this requirement. (c) At any time when Brookfield Homes and the Developer are in breach of their payment obligations pursuant to Section 9.2 or Section 9.3, or at any time when no Bonds that are the result of a Report submitted by the Developer are outstanding, the District Manager, in his or her sole discretion, may obtain the insurance required by Section 8.3(a) through a risk retention pool available to certain political subdivisions of the State. If the District obtains insurance through a risk retention pool, then, so long as such insurance is provided by a risk retention pool, Section 8.3(b) shall be of no force and effect and in no event shall any insurance coverage provided by such risk retention pool be primary to the insurance available to the District pursuant to Section 8.4 or the indemnification available to the District pursuant to Section 8.1. Section 8.4. The Developer, in connection with its development activities and operation for development of the Property pursuant to the Participation Contract, the Land Development Agreement, the Community Plan and this Agreement, and at its own expense, shall maintain "occurrence" form commercial general liability insurance which names the District, the Municipality, and other governmental entities anticipated to accept Infrastructure, with limits of not less than $1,000,000 for each occurrence, $2,000,000 products and completed operations aggregate, and $2,000,000 general aggregate. Proof of such insurance shall be provided to the District Manager annually by July I of each calendar year as long as development activities and operations for development of the Property pursuant to the Participation Contract, the Land Development Agreement, the Community Plan and this Agreement are, from time to time, occurring. In no event shall the Developer be required to maintain insurance specified in this Section 8.4 after the District has acquired from the Developer public infrastructure from proceeds of the sale of the General Obligation Bonds in the amount of$350,000,000. ARTICLE IX PAYMENT OF CERTAIN EXPENSES AND COSTS Section 9.1. (a) To provide for expenses and costs required to administer the General Obligation Bonds and the levy and collection of ad valorem taxes for payment of the debt service for any General Obligation Bonds and any purposes otherwise related to such 29 activities of the District, amounts shall be budgeted by the District Board each Fiscal Year in the District Budget for such purposes and may be paid from amounts available from the tax levy described in Section 6.2(b). (b) To provide for the payment of expenses and costs required to administer the Assessment Bonds and the levy and collection of the Assessments and any purposes otherwise related to such activities of the District, amounts shall be budgeted by the District Board each Fiscal Year in the District Budget for such purposes and may be paid from amounts collected for such purposes as a portion of the interest portion of the installments due with respect to the Assessments. Section 9.2. (a) To provide for the payment of the District Expenses and the O/M Expenses, the District Board shall levy all or a portion of the O/M Tax and shall apply the collections of the O/M Tax first to pay the District Expenses and second to pay any remaining O/M Expenses. (b) Provided the District has levied or will levy in the Fiscal Year the maximum authorized tax rate for the O/M Tax, and to the extent the collections of the O/M Tax are not sufficient to pay the District Expenses, Brookfield Homes and the Developer or, if approved by the District Manager in his or her sole discretion, in lieu of Brookfield Homes and the Developer, a homeowners' association, property owners' association or similar association (an "HOA"), shall be jointly and severally liable and obligated to pay to the District on May 1 of each year of the District the amount of any shortfall indicated in the District Budget for the next Fiscal Year between the projected O/M Tax revenues for the Fiscal Year and the aggregate amount of the District Expenses for such Fiscal Year (the "Shortfall"), including any amount required because of any Shortfall in the prior Fiscal Year as provided in such District Budget and no matter how such Shortfall was otherwise funded. The obligation of Brookfield Homes and the Developer, or HOA, to pay the Shortfall pursuant to this Section shall only be effective until May 1 after the levy of the O/M Tax at $0.30 per $100.00 of net assessed limited property value results in actual collections equal to or greater than $250,000 for three consecutive Fiscal Years, and such collections are sufficient to pay all District Expenses reflected in the respective District Budget for such three consecutive Fiscal Years. The District shall only levy the O/M Tax in an amount necessary for the District Expenses and the O/M Expenses reflected in the District Budget for the applicable Fiscal Year of the District and only in reasonable amounts therefor. Section 9.3. Brookfield Homes and the Developer shall be jointly and severally obligated to promptly deposit with the District such amounts and, at such times as are required by the CFD Guidelines (for example, without limitation, a $60,000 initial deposit, additional $25,000 deposits (or such other additional deposit amount approved by the District Manager or designee not less than $5,000) from time to time, and at no time shall the balance fall below $25,000, all as further described in the CFD Guidelines), provided, in no event shall Brookfield Homes and the Developer be required, after the second full Fiscal Year in which the O/M Tax is levied, to deposit amounts in excess of the estimated Shortfall, or portion thereof, which Brookfield Homes and the Developer are obligated to pay for the next succeeding Fiscal. Year. The District shall provide written notice to Brookfield Homes and the Developer when additional deposits are required. Upon the request of Brookfield Homes and the Developer, an accounting will be made to Brookfield Homes and the Developer of all amounts spent for the Initial 30 Expenses, to date. Amounts paid pursuant to this Section by the Developer which may be reimbursed under applicable law to the Developer from the proceeds of the sale of Bonds shall, at the request of the Developer and to the extent of available amounts therefor, be included as part of the uses of the Bond proceeds. Section 9.4. (a) At the time of formation of the District, Brookfield Homes, on behalf of D.R. Horton, deposited $100,000 with the District (the "O/M Reserve"). The District shall maintain the O/M Reserve in a non-interest bearing account separate from the general operating accounts of the District. (b) In the event Brookfield Homes and the Developer fail to pay the amounts to the District required by Section 9.2(b) or Section 9.3, the District may apply the O/M Reserve to Initial Expenses and District Expenses, as applicable. If the Participation Contract is terminated, or if at any time the District applies any portion of the O/M Reserve to Initial Expenses or District Expenses due to the nonpayment by Brookfield Homes and the Developer described in the preceding sentence, then (i) Section 9.4(c) shall not apply, (ii) the District shall transfer any unspent balance of the O/M Reserve to the general operating accounts of the District and(iii) close the separate non-interest bearing account. (c) Not later than 180 days after all Property has been Patented in accordance with the Participation Contract and receipt by the District of a written request from the Developer, the District shall disburse $100,000 to the Developer, or disburse such $100,000 to Brookfield Homes at the direction of the Developer. (d) The O/M Reserve may not be used for the payment of principal or interest on the District's Bonds, and is not a reserve or replacement fund for federal tax law purposes. ARTICLE X MISCELLANEOUS Section 10.1. Federal Tax Law Compliance. The Municipality, the District, Brookfield Homes and the Developer shall not knowingly take, or cause to be taken, any action which would cause interest on any Bond to be includable in gross income for federal income tax purposes of the Internal Revenue Code of 1986, as amended. Section 10.2. Disclosure Statement. (a) To provide evidence satisfactory to the District Manager that any prospective purchaser of land within the boundaries of the District has been notified that such land is within the boundaries of the District and that the Bonds may be then or in the future be outstanding, the Disclosure Statement shall be produced by the Developer or each homebuilder to whom the Developer has sold land and signed by each subsequent owner of real property in the District, and such executed Disclosure Statement shall be provided to the District as set forth below; provided, however, that the Disclosure Statement may be modified as necessary in the future to adequately describe the District and the Bonds and source of payment for debt service therefor as agreed by the District Manager and the Developer or any homebuilder to whom the Developer has sold land. The failure to provide any subsequent 31 owner of real property in the District the Disclosure Statement will not relieve the Developer or any other owner of real property in the District from the payment of any District tax, assessment, fee or charge. (b) The Developer or each homebuilder to whom the Developer has sold land shall: (1) cause any purchaser of land to sign the Disclosure Statement upon entering into a contract for purchasing such land; (2) provide a copy of each fully executed Disclosure Statement to be filed with the District Manager; and (3) provide such information and documents, including audited financial statements, to any necessary repository or depository, but only to the extent necessary for the underwriters of the Bonds to comply with Rule 15c2-12 of the Securities Exchange Act of 1934, as amended. (c) Any seller of a property in the District who is otherwise required to obtain a subdivision public report as prescribed by A.R.S. § 32-2183 shall disclose to a prospective purchaser the existence of the District, the purpose for which the District was formed as set forth in the resolution forming the District, the estimated tax rate and the estimated annual tax amount that is based on applying that tax rate to a hypothetical residential property. Section 10.3. Binding Effect. (a) Subject to Section 10.3(b), this Agreement shall be binding upon and shall inure to the benefit of the parties to this Agreement and their respective legal representatives, successors and assigns and the rights, title, interest, duties, liabilities and obligations under this Agreement are attached to and run with the Property; provided, however, that none of the parties hereto shall be entitled to assign its rights and obligations hereunder or under any document contemplated hereby without the prior written consent of the other parties to this Agreement, which consent shall not be unreasonably withheld. (b) In the event of the Developer's default and forfeiture of its interest under the Certificate of Purchase prior to the Developer acquiring all of the Property in accordance with the Brookfield Purchase Agreement under the terms of the Certificate of Purchase and the Participation Contract, the Developer shall, if so directed by ASLD and without any consent or approval required from the Municipality or the District, concurrently relinquish and assign to ASLD, coupled with an appointment of ASLD as Developer's attorney-in-fact for such purpose, all right and interest of the Developer under this Agreement and with respect to the District, and shall execute and deliver such further consents and documents as ASLD may request to evidence such relinquishment and assignment. Upon Developer's relinquishment and assignment of all right and interest of the Developer under this Agreement and with respect to the District, Developer will be relieved of all duties, obligations, and liabilities arising after the effective date of such relinquishment and assignment, except for any continuing or future obligations and liabilities with respect to Bonds issued, or Projects or Infrastructure acquired, by the District pursuant to a Report submitted by the Developer to the District Board, and including the activities or administration of the District related thereto. The Municipality and the District 32 each hereby agree, in respect of ASLD's and the Developer's rights and obligations under this Section, to take all steps necessary to accommodate the assignment and relinquishment by the Developer. Prior to, or promptly after, such relinquishment and assignment, the Developer shall. prepare a list of Acquisition Projects or Segments thereof that are eligible for acquisition by the District in accordance with Article IV and Article VII, and submit such list to the District and ASLD (the "Brookfield ASLD 8500 Residual Project List"). Following the relinquishment and assignment described above, the Developer may submit Reports to the District Board pertaining to Projects described in the Brookfield ASLD 8500 Residual Project List, and the District may, in its sole discretion, issue Assessment Bonds or General Obligation Bonds to finance the acquisition of such Projects (and any Projects that were the subject of Reports submitted by the Developer to the District Board prior to the relinquishment and assignment described above) in accordance with Section 5.2; provided that the proceeds of any General Obligation Bonds shall be equitably allocated, in accordance with Section 2.7 of the Participation Contract, between the Developer and any other party or parties eligible to receive proceeds of the General Obligation Bonds. Notwithstanding the foregoing, the District shall not issue Bonds pertaining to Reports submitted by or on behalf of the Developer related to Projects included in the Brookfield ASLD 8500 Residual Project List (or Projects that were the subject of Reports submitted by the Developer to the District Board prior to the relinquishment and assignment described above) unless Brookfield Homes and the Developer, jointly and severally, have provided financial assurances and indemnifications to the District substantially similar to the financial assurances and indemnifications required from Brookfield Homes and the Developer under this Agreement. This Section 10.3(b) shall survive the termination of this Agreement and may not be amended, modified, supplemented,restated, replaced, or terminated without the prior written consent of the District, the Municipality, ASLD, Brookfield Homes and the Developer. (c) In the event the Brookfield Purchase Agreement is terminated due to a default by Developer, then Brookfield Homes and Developer, if so directed by D.R. Horton and otherwise in accordance with the Brookfield Purchase Agreement, shall assign all of their rights and obligations under this Agreement to D.R. Horton, and in such situation Developer, Brookfield Homes, and D.R. Horton shall execute an amendment, assignment, and assumption of this Agreement, subject to consent by each of the District and the Municipality, such consent not to be unreasonably withheld. Upon the effective date of such assignment, Developer and Brookfield Homes will be relieved of all duties, obligations, and liabilities arising after the effective date of such assignment, except for any continuing or future obligations and liabilities with respect to Bonds issued, or Projects or Infrastructure acquired, by the District pursuant to a Report submitted by Developer to the District Board, and including the activities or administration of the District related thereto. (d) To the extent applicable and subject to the Participation Contract and Section 10.3(b), upon any bankruptcy or dissolution of the Developer, the Developer's interest herein may be assigned by a bankruptcy judge or other court of competent jurisdiction to a subsequent purchaser, receiver or trustee, who shall have the ability to seek reimbursement from the District's Bonds as otherwise described herein. Section 10.4. Acknowledgment and Effect. Each party hereto shall, promptly upon the request of any other, have acknowledged and delivered to the other any and all further 33 instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. Section 1.0.5. Entire Agreement; No Exception to Title. This Agreement sets forth the entire understanding of the parties as to the matters set forth herein as of the date this Agreement is executed and cannot be altered or otherwise amended except pursuant to an instrument in writing signed by each of the parties hereto; provided, however, that an amendment signed by only the Developer and the District shall be effective against the Developer and the District only if such amendment does not amend any right, benefit or obligation of the Municipality and an amendment signed by the Developer, Brookfield Homes, the District and the Municipality shall be effective against the Developer, Brookfield Homes, the District and the Municipality, as applicable, with respect to any amendment that does amend the Municipality's rights, benefits or obligations under this Agreement. Any amendment affecting the rights, benefits or obligations of D.R. Horton shall be approved by D.R. Horton. This Agreement is intended to reflect the mutual intent of the parties with respect to the subject matter hereof, and no rule of strict construction shall be applied against any party. This Agreement shall not create conditions or exceptions to title to or, except with regard to waivers, consents and other matters relating to Assessments, covenants running with any individual lots into which the Property is subdivided. Any title insurer can rely on this Section when issuing any commitment to insure title to any individual lot or when issuing a title insurance policy for any individual lot. For this section "lot" shall be any lot upon which a home or commercial building has been completely constructed and approved to be occupied that is contained in a recorded subdivision plat that been approved by the Municipality or any parcel of land conveyed to a public entity, such as a school district or fire district. Section 10.6. Diminution in Value and Land Use Laws Waiver; Development Not Dependent on CFD Financing. (a) The Developer on behalf of itself and all other parties having an interest in the Property, including Brookfield Homes, intends to encumber the Property with the agreements and waivers described in this Section 10.6. Brookfield Homes and the Developer hereby waive and release the District and the Municipality from any and all claims under A.R.S. § 12-1134, et seq., including any right to compensation for reduction to the fair market value to the Property, as a result of the approval of this Agreement by the Municipality or the District. The terms of this waiver shall run with the land and shall be binding upon all subsequent landowners and shall survive the expiration or earlier termination of this Agreement. (b) Brookfield Homes and the Developer each acknowledge and agree that Developer's development of the Property is not dependent upon the prior formation or ongoing existence of the District or District financing. Neither Brookfield Homes nor the Developer are in any manner relying, to their detriment or otherwise, on the District issuing Bonds or, if Bonds are issued, issuing any additional series of Bonds, levying any tax or assessment, or otherwise in any manner financing the costs of any Project. Section 10.7. Applicable Law; Venue and Jurisdiction. 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 the parties hereto for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, Arizona. The parties hereto hereby waive all provisions of law 34 providing for a change of venue in such proceeding to any other county. In the event a party brings suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorneys' fees, court costs, expert witness fees, and other litigation related expenses to be determined by the court in such action. Section 1.0.8. Waivers. The waiver by any party hereto of any right granted to it under this Agreement shall not be deemed to be a waiver of any other right granted in this Agreement nor shall the same be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived under or by this Agreement. Section 1.0.9. Counterpart Executions. This Agreement may be executed in. any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, but all of which taken together shall constitute one of the same instrument. Each party hereto shall, promptly upon the request of any other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. Section 10.10. Cancellation Due To Conflict of Interest. The Municipality and the District may, within three years after its execution, cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Municipality or the District, respectively, is, at any time while this Agreement is in effect, an employee or agent of Brookfield Homes and the Developer in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement and may recoup any fee or commission paid or due any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Municipality or the District, respectively, from Brookfield Homes and the Developer arising as the result of this Agreement. Brookfield Homes and the Developer have not taken and shall not take any action which would cause any person described in the preceding sentence to be or become an employee or agent of Brookfield Homes and the Developer in any capacity or a consultant to any party to this Agreement with respect to the subject matter of this Agreement. Section 10.11. Term; Expiration. The term of this Agreement shall be as of the date of the execution and delivery hereof by each of the parties hereto and shall expire upon the earlier of the agreement of the District, the Municipality, Brookfield Homes and the Developer to the termination hereof, December 31, 2056, or the date on which all of the Bonds are paid in full or defeased to the fullest extent possible pursuant to the Act. Section 10.12. Notices. All notices, certificates or other communications hereunder (including in the Exhibits hereto) shall be sufficiently given and shall be deemed to have been received 48 hours after deposit in the United States mail in registered or certified form with postage fully prepaid addressed as follows: 35 If to the Municipality: City of Apache Junction, Arizona Attn: City Manager 300 E. Superstition Boulevard Apache Junction, Arizona 85119 If to the District: Superstition Vistas Community Facilities District No. 2 c/o City of Apache Junction, Arizona Attn: City Manager 300 E. Superstition Boulevard Apache Junction, Arizona 85119 If to Developer: Brookfield ASLD 8500 LLC 14646 N. Kierland Road, Suite 270 Scottsdale, Arizona 85254 Attn: Dea McDonald With a copy to: Snell& Wilmer L.L.P. One Arizona Center 400 East Van Buren Phoenix, Arizona 85020 Attn: Jody K. Pokorski, Esq. If to Brookfield Homes: Brookfield Homes Holdings LLC 3200 Park Center Drive, Suite 1000 Costa Mesa, California 92626 Attn: Ted McKibbin With a copy to: Snell& Wilmer L.L.P. One Arizona Center 400 East Van Buren Phoenix, Arizona 85020 Attn: Jody K. Pokorski, Esq. If to ASLD: Arizona State Land Department Attn: State Land Commissioner 1616 W. Adams Phoenix, Arizona 85007 With a copy to: Arizona Attorney General Attn: Natural Resources Division 2005 N. Central Avenue Phoenix, Arizona 85004 Any of the foregoing, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. 36 Section 1.0.1.3. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision thereof. Section 10.14. Headings. The headings or titles of the several Articles and Sections hereof and in the Exhibits hereto, and any table of contents appended to copies hereof and thereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Agreement. Section 10.15. Governing Terms. This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law; provided, further, the provisions of this Agreement shall be subject to and governed by the terms and provisions of the terms and provisions of this Agreement and the applicable terms and provisions of the Land Development Agreement, Community Plan and the CFD Guidelines, as provided in Section 1.2 hereof. Section 10.16. Recording. No later than ten (10) days after this Agreement is executed and delivered by each of the parties hereto, the Municipality shall record a copy of this Agreement with the County Recorder of Pinal County, Arizona. Furthermore, the Municipality shall, on behalf of Brookfield Homes, the Developer and the District, file a copy of the recorded Agreement that contains thereon the Pinal County Recorder's Office recording information with ASLD. Section 10.17. Materiality and Continuing Effect. Unless otherwise expressly provided, the representations, covenants, indemnities and other agreements contained herein shall be deemed to be material and continuing, shall not be merged and shall survive any conveyance or transfer provided herein. Section 10.18. Force Majeure. No party hereto shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantines, governor's executive orders, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will an Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular contractors, subcontractors, vendors or investors desired by Brookfield Homes and the Developer in connection with the obligations under this Agreement. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such party knows or should know of any such Enforced Delay, first 37 notify the other parties of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of an Enforced Delay exceed ninety (90) calendar days. Section 10.19. Consent. Whenever the consent or approval of any party hereto, or of any agency therefor, shall be required under the provisions hereof, such consent or approval. shall not be unreasonably withheld, conditioned or delayed unless specifically otherwise limited as provided herein. Section 10.20. City Council/District Board Final Actions; Remedies and Arbitration. (a) Notwithstanding any provision of this Agreement to the contrary, no act, requirement, payment, or other agreed upon action to be done or performed by the Municipality or the District shall be required to be done or performed by the Municipality or the District, respectively, unless and until said formal action of the City Council and the District Board, respectively, has been taken and completed. This Agreement in no way acquiesces to or obligates the Municipality or the District to perform a legislative act. (b) Failure or unreasonable delay by any party to perform or otherwise act in accordance with any term or provision of this Agreement for a period of thirty (30) days (hereinafter referred to as the "Cure Period") after written notice thereof from any other party, shall constitute a default under this Agreement; provided, however, that if the failure or delay is such that more than thirty (30) days would reasonably be required to perform such action or comply with any term or provision hereof, then such party shall have such additional time as may be necessary to perform or comply so long as such party commences performance or compliance within said thirty (30) day period and diligently proceeds to complete such performance or fulfill such obligation. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, any non-defaulting party shall have all rights and remedies that are set forth in the next subsection. (c) Except as provided in subsection (b), the parties shall be limited to the remedies and the dispute resolution procedure set forth in this subsection and subsection (d). Any decision rendered by the Panel (as hereinafter defined) pursuant to the provisions of subsection(d) shall be binding on the parties unless and until a court of competent jurisdiction renders its final decision on the disputed issue, and if any party does not abide by the decision rendered by the Panel during the pendency of an action before the court of competent jurisdiction or otherwise (if no court action), any other party may institute an action for money damages on the issues that were the subject of the Panel's decision and/or any other relief as may be permitted by law. (d) (1) If an event of default is not cured within the Cure Period, any non-defaulting party may institute the dispute resolution process set forth in this subsection (hereinafter referred to as the "Process") by providing written notice initiating the Process (hereinafter referred to as the "Initiation Notice") to the defaulting party. (2) Within fifteen (15) days after delivery of the Initiation Notice, each involved party shall appoint one person to serve on an arbitration panel (herein 38 referred to as the "Panel"). Within twenty-five (25) days after delivery of the Initiation Notice, the persons appointed to serve on the Panel shall themselves appoint a separate neutral person to serve as a member of the Panel. Such person shall function as the chairman of the Panel. (3) The remedies available for award by the Panel shall be limited to specific performance, declaratory relief and injunctive relief. (4) Any party can petition the Panel for an expedited hearing if circumstances justify it. Such circumstances shall be similar to what a court would view as appropriate for injunctive relief or temporary restraining orders. In any event, the hearing of any dispute not expedited shall commence as soon as practicable, but in no event later than forty-five (45) days after selection of the chairman of the Panel. This deadline can be extended only with the consent of all parties to the dispute or by decision of the Panel upon a showing of emergency circumstances. (5) The chairman of the Panel shall conduct the hearing pursuant to the Center For Public Resources' Rules for Non-Administered Arbitration of Business Disputes then in effect. The chairman of the Panel shall determine the nature and scope of discovery, if any, and the manner of presentation of relevant evidence, consistent with the deadlines provided herein, and the parties' objective that disputes be resolved in a prompt and efficient manner. No discovery may be had of privileged materials or information. The chairman of the Panel upon proper application shall issue such orders as may be necessary and permissible under law to protect confidential, proprietary or sensitive materials or information from public disclosure or other misuse. Any party may make application to the Pinal County Superior Court (hereinafter referred to as the "Court") to have a protective order entered as may be appropriate to confirm such orders of the chairman of the Panel. (6) The hearing, once commenced, shall proceed from business day to business day until concluded, absent a showing of emergency circumstances. Except as otherwise provided herein, the Process shall be governed by the Uniform Arbitration Act as enacted in the State. (7) The Panel shall, within fifteen (15) days from the conclusion of any hearing, issue its decision. The decision shall be rendered in accordance with this Agreement and the laws of the State. (8) Any involved party may appeal the decision of the Panel to the Court for a de novo review of the issues decided by the Panel, if such appeal is made within thirty (30) days after the Panel issues its decision. The remedies available for award by the Court shall be limited to specific performance, declaratory relief and injunctive relief. The decision of the Panel shall be binding on both parties until the Court renders a binding decision. If a non- prevailing party in the Process fails to appeal to the Court within the time frame set forth herein, the decision of the Panel shall be final and binding. If one party does not comply with the decision of the Panel during the pendency of the action before the Court or otherwise, then another party shall be entitled to exercise all rights and remedies that may be available under law or equity, including without limitation the right to institute an action for money damages related 39 to the default that was the subject of the Panel's decision and the provisions of this subsection. shall not apply to such an exercise of rights and remedies. (9) All fees and costs associated with the Process before the Panel, including without limitation the fees of the Panel, other fees, and the prevailing party's attorneys' fees, expert witness fees and costs, shall be paid by the non-prevailing party or parties. The determination of prevailing and non-prevailing parties, and the appropriate allocation of fees and costs, shall be included in the decision by the Panel. Similarly, all fees and costs associated with an appeal to the Court or any appellate court thereafter, including without limitation, the prevailing party's attorneys' fees, expert witness fees and costs, shall be paid by the non- prevailing party. The determination of prevailing and non-prevailing parties, and the appropriate allocation of fees and costs, shall be included in the decision by the Court. Section 10.21. No Boycott of Israel. To the extent applicable, each of Brookfield Homes and the Developer certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in § 35-393, Arizona Revised Statutes, of Israel. Section 10.22. E-verify Compliance. To the extent applicable under A.R.S. § 41-4401, each of Brookfield Homes, the Developer and their respective subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under A.R.S. § 23-214(A). The failure by Brookfield Homes, the Developer or their respective subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the District. Section 10.23. SMCFD and WUCFD. (a) The parties to this Agreement anticipate that certain Projects will be accepted by SMCFD (generally, sewer Projects) or WUCFD (generally, potable and non-potable water Projects) (the "Utility Projects" or "Utility Acquisition Project"), and not accepted by the Municipality. In connection with such Utility Projects: (1) SMCFD or WUCFD, as applicable, will review any Plans and Specifications for the Utility Projects. (2) The Utility Projects will be subject to the Public Procurement Requirements, including the procurement policies of SMCFD or WUCFD, as applicable, pertaining to projects similar to the Utility Projects. Construction Contracts shall be entered into with the respondent selected in accordance with the requirements of awarding contracts pursuant to the Public Procurement Requirements and the requirements of SMCFD or WUCFD, as applicable. (3) The District Manager may appoint an engineer of SMCFD or WUCFD as the District Engineer in connection with such Utility Projects. (4) Construction Contracts relating to such Utility Projects shall provide that the respective contractors or vendors shall not have recourse, directly or 40 indirectly, to SMCFD or WUCFD, as applicable. Construction Contracts and the construction of Utility Projects shall be in accordance with the requirements for constructing projects of SMCFD or WUCFD, as applicable. Neither SMCFD nor WUCFD will bear any risks, liabilities, obligations or responsibilities under any contract to prepare Plans and Specifications, under any Construction Contract for Utility Projects, or any risk of loss of or damage to any Utility Project (or any part thereof) occurring prior to the later of. the time of acceptance by SMCFD or WUCFD, as applicable, or the time of acquisition by the District of such Utility Project (or part thereof)pursuant to Article IV. (5) With respect to any Utility Project, SMCFD or WUCFD, as applicable, shall be named as an insured on any and all insurance policies required under the bid specifications for procurement of the pertinent Plans and Specifications or the procurement and contract terms of a Construction Contract, and as a third party beneficiary with respect to all bonds, warranties and guarantees with respect to the Utility Projects. The District Manager shall direct that any Construction Contract or Plans and Specifications for Utility Projects shall provide for the assignment of all insurance, warranties, guarantees and owner's rights to SMCFD or WUCFD, as applicable, upon the District's acquisition of the Utility Projects. (6) With respect to any change order described in Section 3.5 pertaining to a Utility Project, the District Manager shall confirm compliance with the requirements of SMCFD or WUCFD, as applicable,prior to approving such change order. (7) With respect to the acquisition of any Necessary Public Property in connection with Utility Projects, the type, size and terms of the Necessary Public Property shall be in compliance with the requirements for public infrastructure projects of SMCFD or WUCFD similar to the Utility Project. Prior to any conveyance or dedication of Necessary Public Property to SMCFD or WUCFD, the District Manager shall confirm with SMCFD or WUCFD as to the sufficiency of the materials received pursuant to Section 2.5. Prior to the District Manager directing the conveyance or dedication of any Necessary Public Property in accordance with Sections 4.2 and 4.3 pertaining to any Utility Acquisition Projects, the District Manager shall confirm with SMCFD or WUCFD, as applicable, as to the fulfillment of any requirements of SMCFD or WUCFD for such conveyance or dedication. (8) Prior to the District paying the Construction Cost or Segment Price, as applicable, and acquiring a Utility Acquisition Project or Segment, the District Manager shall confirm fulfillment of the requirements in Section 4.3 to the satisfaction of SMCFD or WUCFD, as applicable. (9) For any Utility Projects to be accepted by either of SMCFD or WUCFD, the District Manager shall, in accordance with the provisions of Section 7.1, receive confirmation from SMCFD or WUCFD, as applicable, as to acceptance of the Utility Projects before such Utility Projects are eligible for reimbursement from proceeds of the District's Bonds. (b) For purposes of Article VIII, each of SMCFD and WUCFD are anticipated to accept Infrastructure and should be named as additional insureds pursuant to Sections 8.3 and 8.4 in connection with Utility Projects. 41 (c) Each of SMCFD and WUCFD shall be third-party beneficiaries of the provisions hereof which grant rights and obligations to them. Section 1.0.24. No Forced Labor of Ethnic Uyghurs. To the extent applicable under A.R.S. § 35-394, each of Brookfield Homes and the Developer hereby certifies it does not currently, and for the duration of this Agreement shall not use: (a) the forced labor of ethnic Uyghurs in the People's Republic of China, (b) any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China, and (c) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China. The foregoing certifications are made to the best knowledge of Brookfield Homes and the Developer, respectively, without any current independent investigation or without any future independent investigation for the duration of this Agreement. If Brookfield Homes or the Developer becomes aware during the duration of this Agreement that it is not in compliance with such certification, Brookfield Homes and the Developer, as applicable, shall take such actions as provided by law, including providing the required notice to the District. If the District determines that either Brookfield Homes or the Developer is not in compliance with the foregoing certification and has not taken remedial action, such failure to comply with the certifications in this section shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the District. Section 10.25. Recitals. The Municipality, the District, Brookfield Homes and Developer each acknowledge that the Recitals are accurate and that they are incorporated herein by this reference as a part of this Agreement. IN WITNESS WHEREOF, the officers of the Municipality and of the District have duly affixed their signatures and attestations, and the officers of Brookfield Homes and the Developer their signatures, all as of the day and year first written above. [Signature Pages to Follow] 42 CITY OF APACHE JUNCTION, ARIZONA, a municipal corporation By: Walter"Chip"Wilson, Mayor STATE OF ARIZONA ) )ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this day of , 2022, by Walter "Chip" Wilson, as Mayor of the City of Apache Junction, Arizona, a municipal corporation under the laws of the State of Arizona. Notary Public (Affix Seal Here) ATTEST: Jennifer Pena, City Clerk Pursuant to A.R.S. Section 11-952(D), this Agreement has been reviewed by the undersigned attorney for the Municipality who has determined that this Agreement is in proper form and is within the powers and authority granted pursuant to the laws of this State to the Municipality. Richard Joel Stern, City Attorney [Signature Page to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 By: Walter "Chip" Wilson, Chairman, District Board STATE OF ARIZONA ) )ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this day of , 2022, by Walter "Chip" Wilson, as Chairman of the Board of Directors of Superstition Vistas Community Facilities District No. 2, an Arizona community facilities district. Notary Public (Affix Seal Here) ATTEST: Jennifer Pena, District Clerk Pursuant to A.R.S. Section 11-952(D), this Agreement has been reviewed by the undersigned attorney for the District, who has determined that this Agreement is in proper form and is within the powers and authority granted pursuant to the laws of this State to the District. Richard Joel Stern, District Counsel [Signature Page to Amended and Restated District Development,Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] DEVELOPER: BROOKFIELD ASLD 8500 LLC, a Delaware limited liability company By: Name: Its: By: Name: Its: STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20_, by , the of Brookfield ASLD 8500 LLC, a Delaware limited liability company. (Seal and Expiration Date) Notary Public in and for the State of STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , the of Brookfield ASLD 8500 LLC, a Delaware limited liability company. (Seal and Expiration Date) Notary Public in and for the State of [Signature Page to Amended and Restated District Development,Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] BROOKFIELD HOMES: BROOKFIELD HOMES HOLDINGS LLC, a California limited liability company By: Name: Its: By: Name: Its: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA ) ss. County of ) On , 2022, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature: (Seal) STATE OF CALIFORNIA ) ss. County of ) On , 2022, before me, , a Notary Public, personally appeared ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature: [Signature Page to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] CONSENT AND AGREEMENT Reference is made to that certain Amended and Restated District Development, Financing Participation and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2, dated as of September _, 2022, by and among the City of Apache Junction, Arizona, Superstition Vistas Community Facilities District No. 2, Brookfield Homes Holdings, LLC and Brookfield ASLD 8500, LLC, to which this Consent and Agreement is attached (the "CFD Development Agreement"). Capitalized terms used and not otherwise defined in this Consent and Agreement shall have the meanings set forth in the CFD Development Agreement. D.R. Horton, Inc. ("D.R. Horton"), having an interest in the real property within the boundaries of the District, hereby consents to the CFD Development Agreement, acknowledges that the CFD Development Agreement shall bind all real property in which D.R. Horton has an interest within the boundaries of the District, and authorizes the recordation of the CFD Development Agreement with respect to all such real property. In no event, however, shall anything in this Consent and Agreement constitute an assumption by D.R. Horton of the obligations of the Developer or Brookfield Homes under the CFD Development Agreement; provided, however, that D.R. Horton may assume obligations of the Developer pursuant to Section 10.3(c) of the CFD Development Agreement and subject to consent of the Municipality and the District. Dated as of September_, 2022. [Signature page to follow] D.R. HORTON, INC., a Delaware corporation By: Name: Its: STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) The foregoing instrument was acknowledged before me this day of , 2022, by the of D.R. Horton, Inc., a Delaware corporation. (Seal and Expiration Date) Notary Public in and for the State of Arizona [Signature Page to D.R. Horton Consent and Agreement to Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2] ACKNOWLEDGMENT AND CONSENT OF SMCFD AND WUCFD Reference is made to that certain Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement, dated as of September _, 2022 (the "CFD Development Agreement"), by and among the City of Apache Junction, Arizona (the "Municipality"), Superstition Vistas Community Facilities District No. 2 (the "District"), Brookfield Homes Holdings LLC, and Brookfield ASLD 8500 LLC (the "Developer"), to which this Acknowledgment and Consent (this "Acknowledgment and Consent") is attached. All capitalized terms used and not otherwise defined in this Acknowledgment and Consent shall have the meanings set forth in the CFD Development Agreement, or, as applicable, the Intergovernmental Agreement by and among the Water Utilities Community Facilities District (City of Apache Junction, Arizona), the Superstition Mountains Community Facilities District No. 1, the Superstition Vistas Community Facilities District No. I and the Superstition Vistas Community Facilities District No. 2 Pertaining to Community Facilities District Operations, Infrastructure and Financings, dated as of November 30, 2021 and recorded January 24, 2022, in the Official Records of the Pinal County Recorder as Instrument No. 2022-009053 (the "IGA"). The undersigned representatives of SMCFD and WUCFD have had the opportunity and right to review the terms and provisions of the CFD Development Agreement and the General Plan of the District, and, in accordance with the IGA, SMCFD and WUCFD each hereby acknowledges and consents to the terms of Section 10.23 of the CFD Development Agreement, including, without limitation, accepting Infrastructure acquired by the District in accordance with the CFD Development Agreement and A.R.S. Title 48, Chapter 4, Article 6, as amended. Dated as of September_, 2022. WATER UTILITIES COMMUNITY FACILITIES DISTRICT (CITY OF APACHE JUNCTION, ARIZONA), an Arizona community facilities district By: Walter "Chip" Wilson, Chairman, Board of Directors STATE OF ARIZONA )ss. COUNTY OF FINAL The foregoing instrument was acknowledged before me this _ day of 2022, by Walter "Chip" Wilson, as Chairman of the Board of Directors of the Water Utilities Community Facilities District (City of Apache Junction, Arizona), an Arizona community facilities district. Notary Public ATTEST: Jennifer Pena, District Clerk [Signature Page to Acknowledgment and Consent of SMCFD and WUCFD] SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1, an Arizona community facilities district By: Kathleen Waldron, Chairperson, Board of Directors STATE OF ARIZONA ) ss. COUNTY OF PINAL ) The foregoing instrument was acknowledged before me this day of 2022, by Kathleen Waldron, as the Chairperson of the Board of Directors of Superstition Mountains Community Facilities District No. 1, an Arizona community facilities district. Notary Public [Signature Page to Acknowledgment and Consent of SMCFD and WUCFD] ATTACHMENTS TO AMENDED AND RESTATED DISTRICT DEVELOPMENT, FINANCING PARTICIPATION, WAIVER AND INTERGOVERNMENTAL AGREEMENT: EXHIBIT A - Legal Description Of The Property To Be Included in the District EXHIBIT B - Description Of Infrastructure EXHIBIT C - Form Of Certificate Of Engineers For Conveyance Of Acquisition Project or Segment Of Project EXHIBIT D - Form Of Conveyance Of Acquisition Project or Segment Of Project EXHIBIT E - Form Of Disclosure Statement EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY TO BE INCLUDED IN THE DISTRICT A-1 Wood, Patel &Associates, Inc. January 8, 2021 480.8343300 WP#205166.01 www.woodpatel.com Page 1 of 4 See Exhibit"A" PARCEL DESCRIPTION Superstition Vistas Brookfield Parcel Sections 17 and 20,a portion of General Land Office(GLO)Lot 12 and a portion of the east half of Section 18, a portion of GLO Lots 1 and 2 and a portion of the east half of Section 19,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 17, a 3-inch Pinal County brass cap in handhole, from which the north quarter corner of said Section 17, a 2 1/2-inch GLO brass cap in concrete, bears North 89'45'04" East(basis of bearing), a distance of 2642,33 feet; THENCE along the north line of said Section 17, North 89*45'04"East,a distance of 2642.33 feet, to said north quarter corner; THENCE North 89'47'06"East,a distance of 2643.88 feet,to the northeast corner of said Section 17; THENCE leaving said north line, along the east line of said Section 17, South 00'17'17" East, a distance of 641.26 feet, to the east quarter corner of said Section 17; THENCE South 00*17'39"East, a distance of 2641.38 feet,to the northeast corner of said Section 20; THENCE leaving said east line, along the east line of said Section 20, South 00'16'25" East, a distance of 2640.88 feet, to the east quarter corner of said Section 20; THENCE South 00'15'30" East, a distance of 2641.53 feet, to the southeast corner of said Section 20; THENCE leaving said east line, along the south line of said Section 20, South 89'46'59"West, a distance of 2643.36 feet, to the south quarter corner of said Section 20; THENCE South 89'48'18" West, a distance of 2643.78 feet, to the southwest corner of said Section 20; THENCE leaving said south line, along the west line of said Section 20, North 00'17'01"West, a distance of 2640.28 feet, to the west quarter corner of said Section 20; THENCE North 00*17'35" West, a distance of 2641.12 feet, to the northeast corner of said Section 19; THENCE leaving said west line, along the north line of said Section 19, South 89*46'31"West, a distance of 500.00 feet, to the beginning of a curve; THENCE leaving said north line, westerly along said curve to the left, having a radius of 2500.00 feet, concave southerly, through a central angle of 22'55'06", a distance of 1000.00 feet, to the curves end; THENCE South 66'51'25"West, a distance of 540.51 feet, to the beginning of a curve; THENCE westerly along said curve to the right, having a radius of 3000.00 feet, concave northerly, through a central angle of 30'39'58", a distance of 1605.68 feet, to the curves end; A-2 '^ Legal Description January @. 2U21 Superstition Vistas VVp#2O5166.O1 Brookfield Parcel Page 2mf4 See Exhibit"A^ THENCE North 82"28'30" West. a distance of 583.29 feet, to the northerly line of that certain K8ariompo County Flood Control District Easement, recorded in Document2O11-O01g6U7. Pina| County Records (PCR); THENCE along said northerly line, North 53'29'13" East, a distance of 910.07 feet, to said north line mf Section 1B' . THENCE leaving said north line, North 53°2@'26"East,a distance of42OO.33 feet,to the west line of said Section 17' . THENCE leaving said northerly line, along said west line, North 00"17'10° VVeed, a distance of 155.G4 feet, tn the west quarter corner of said Section 17; THENCE North OQ"13'51'^West, adistance of2G39.88 feet, bzthe POINT OF BEGINNING. Containing 61,34G`81S square feet or1.4Q@.37S1 acres, more orless. Subject to existing riQht+yf-ways and easements. This parcel description is based on client provided information and ia located within an area surveyed by VVaod. Patel & Amsooimbaa. Inc. during the month of December, 2020. Any nnonurnenbation noted in this parcel description is within acceptable tolerance (as defined in Arizona Boundary Survey Minimum Standards dated 02/14/2002)of said positions based on said survey. v.wvnpmmwDescrivtiouwmom20uwn/Superstition Vistas Brookfield Parcel mzm-0u�1 docx LA 23 DIEHL EX 09-30-23 /\-3 i NORTHWEST CORNER SECTION 17,T1 S,R8E 3"PINAL COUNTY BCH N80°45'04"E 2642.33' ELLIOT ROAD POB (BASIS OF BEARING) L1 FLOT 2 LOT 1 LOT 3 SEC 18 f i c T15,R8E LOT LOT 5 f NORTH 1/4 CORNER ( LOT 6 L15 t ,% lr f SECTION 17,T1S,R8E 21/2"GLO BC IN LOT r'CONCRETE LOT 8 LOT 7 ' / / ;- SEC 17 T1 S,R8E ' WL11 LOT 11 LOT 12 j ' R } D G1 L10 C> ' LOT f i.9 3^ LOT 2 SLOT 1C ' _ .r 1961, 0 j �, Q LOT LOT 5 LOT 6 / ' A "' 'j _._ SEC 13 T1S,R8E FT 9 LOT 8 LOT 7 TSEC SRBE ` ',, LOT LOT 91 i Lo / LOT 12 10 RAY ROAD L7 L6 _ *.. �D -'\�tCA7� , EXHIBIT "A## 23945 SUPERSTITION VISTAS l eaiEr�t 'Ic, BROOKFIELD PARCEL 1 01/08/2021 ed ' WP 205166.01 A, PAGE 3 OF 4 NOT TO SCALE E S09-30_23 Z:1202012051661Survey\Legell5166-L02.dwg A-4 LINE TABLE CURVE TABLE LINE BEARING DISTANCE CURVE DELTA RADIUS ARC Ll N89047'06"E 2643.88' Cl 2205606" 2500.00' 1000.00' L2 S00017'17"E 2641.26' C2 30039'58" 3000.00' 1605.68' L3 SOOO 1 7'39"E 2641.38' L4 S00016'25"E 2640.88' L5 S00015'30"E 2641.53' L6 S89046'59"W 2643.36' L7 S89048'18"W 2643.78' L8 N00017'01"W 2640.28' L9 N00017'35"W 2641,12' L10 S89046'31"W 500.00' Lll S66051'25"W 540.51' L12 N82028'36"W 583.29' L13 N53029'1 YE 910,07' L14 N53029'26"E 4200.33' L15 N00017'10"W 155.64' L16 N00013'51"W 263938' ___�L A Al� EXHIBIT "All 23945� co 5 SUPERSTITION VISTAS q� BRIAN J, W DIEHL c) BROOKFIELD PARCEL 9�, 01/08/2021 N -.'-ned WP#205166.01 A PAGE 4 OF 4 NOT TO SCALE E S09-30-23 Z:\2020\205166\Survey\Legal\5166-LO2,dwg A-5 EXHIBIT B DESCRIPTION OF INFRASTRUCTURE (a) Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge. (b) Drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge. (c) Water systems for domestic, industrial, irrigation, municipal or fire protection purposes, including production, collection, storage, treatment, transport, delivery, connection and dispersal, but not including facilities for agricultural irrigation purposes unless for the repair or replacement of existing facilities when required by other improvements permitted by A.R.S. Title 48, Chapter 4, Article 6. (d) Highways, streets, roadways and parking facilities, including all areas for vehicular use for travel, ingress, egress and parking. (e) Areas for pedestrian, equestrian,bicycle or other nonmotor vehicle use for travel, ingress, egress and parking. (f) Pedestrian malls, parks, recreational facilities other than stadiums, and open space areas for the use of members of the public for entertainment, assembly and recreation. (g) Landscaping, including earthworks, structures, lakes and other water features, plants, trees and related water delivery systems. (h) Public buildings,public safety facilities and fire protection facilities. (i) Lighting systems. 0) Traffic control systems and devices, including signals, controls, markings and signage. (k) Equipment, vehicles, furnishings and other personalty related to the items listed in this Exhibit B. (1) Any other public infrastructure now or hereafter included in the definition of"Public Infrastructure" in A.R.S. Title 48, Chapter 4, Article 6. (m) Operation and maintenance of the items listed in clauses (a) through and including(1) above. B-1 EXHIBIT C FORM OF CERTIFICATE OF ENGINEERS FOR CONVEYANCE OF ACQUISITION PROJECT OR SEGMENT OF ACQUISITION PROJECT CERTIFICATE OF ENGINEERS FOR CONVEYANCE OF SEGMENT OF ACQUISITION PROJECT (insert description of Acquisition Project/Segment) STATE OF ARIZONA COUNTY OF FINAL CITY OF APACHE JUNCTION ss. SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 We the undersigned, being Registered Engineers in the State of Arizona and, respectively, the duly appointed District Engineer for Superstition Vistas Community Facilities District No. 2 (the "District"), and the engineer employed by Brookfield ASLD 8500 LLC (hereinafter referred to as the "Developer"), each hereby certify for purposes of the Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement, dated as of September_, 2022 (the "Development Agreement"), by and among the District, the City of Apache Junction, Arizona, Brookfield Homes Holdings LLC, a California limited liability company, and Brookfield ASLD 8500 LLC, a Delaware limited liability company, as the Developer, that: 1. The Acquisition Project or Segment indicated above has been completed in substantial accordance with the Plans and Specifications (as such term and all of the other initially capitalized terms in this Certificate are defined in the Development Agreement) and the Acquisition Project Construction Contract (as modified by any change orders permitted by the Development Agreement) for such Acquisition Project or Segment. 2. The Segment Price as publicly bid and including the cost of approved change orders for such Segment is $ 3. The Developer provided for compliance with the requirements for public bidding for such Acquisition Project or Segment as required by the Agreement (including, particularly but not by way of limitation, Title 34, Chapter 2, Article 1, Arizona Revised Statutes, as amended) in connection with the award of the Acquisition Project Construction Contract for such Acquisition Project or Segment. C-1 4. The Developer filed all construction plans, specifications, contract documents, and supporting engineering data for the construction or installation of such Acquisition. Project or Segment with the District Engineer and the Municipality or other governmental entity, as applicable. 5. The Developer obtained and has supplied to the District evidence of good and sufficient performance and payment bonds or such other equivalent payment and performance financial guarantees acceptable to the District Manager and the District Engineer in connection with such Acquisition Project or Contract. DATED AND SEALED THIS DAY OF , 20 . By District Engineer [P.E. SEAL] [P.E. SEAL] By Engineer for the Developer [Confirmed for purposes of Section 3.5 of the Development Agreement by District Manager for Superstition Vistas Community Facilities District No. 21] [THIS WILL BE REQUIRED FOR EVERY SEGMENT ACQUIRED WITH PROCEEDS OF THE SALE OF THE BONDS/ i To be inserted if the provisions of Section 3.5 of the Development Agreement are applicable to the respective Segment of the Project. C-2 EXHIBIT D FORM OF CONVEYANCE OF SEGMENT OF ACQUISITION PROJECT CONVEYANCE OF SEGMENT OF ACQUISITION PROJECT (Insert description of Acquisition Project/Segment) STATE OF ARIZONA COUNTY OF PINAL CITY OF APACHE JUNCTION ss. SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 KNOW ALL MEN BY THESE PRESENTS THAT: Brookfield ASLD 8500 LLC (the "Developer"), in consideration of the promise to pay [INSERT ACQUISITION PROJECT CONSTRUCTION COST OR SEGMENT PRICE, AS APPLICABLE] to the Developer by Superstition Vistas Community Facilities District No. 2, a community facilities district formed by the City of Apache Junction, Arizona (the "Municipality"), and duly organized and validly existing pursuant to the laws of the State of Arizona (the "District"), such amount in accordance with the hereinafter described Development Agreement, does by these presents grant, bargain, sell and convey to the District, its successors and assigns or, at the request of the District, to the Municipality [or other governmental entity], all right, title and interest in and to the following described property, being the subject of an Amended and Restated District Development, Financing Participation, Waiver and Intergovernmental Agreement, dated as of September_, 2022 (the "Development Agreement"), by and among Brookfield ASLD 8500 LLC, a Delaware limited liability company, as the Developer, Brookfield Homes Holdings LLC, a California limited liability company, the Municipality and the District, as follows: [Insert description of Acquisition Project/Segment] together with any and all benefits, including warranties and performance and payment bonds, under the Acquisition Project Construction Contract (as such terms are defined in such Development Agreement) or relating thereto, all of which are or shall be located within public rights-of-way, public utility or other public easements dedicated or dedicated by map of dedication, plat or otherwise, free and clear of any and all liens, easements, restrictions, conditions, or encumbrances affecting the same [, such subsequent dedications not affecting the promise of the District to hereafter pay the amounts described in such Development D-1 Agreement'], but subject to all reservations in patents, all easements, rights-of-way, encumbrances, liens, covenants, conditions and restrictions to which reference is made in the public record including all obligations, leases, liabilities and other matters of record or as set forth on Schedule 1 hereto (collectively, the "Property"). TO HAVE AND TO HOLD the Property, as described above, unto the Municipality [or other governmental entity], its successors and assigns forever; and the Developer does hereby bind itself and its successors and assigns to forever warrant and defend the title against the acts of the Developer and no others, subject to the matters set forth above. The Developer further binds itself and its successors and assigns to execute and deliver at the request of the District such other or additional instruments of transfer, bills of sale, conveyances or other instruments or documents which may be necessary or desirable to evidence more completely or to perfect the conveyance to the District of the Property as described above, subject to the matters set forth above. This Conveyance is made pursuant to such Development Agreement and the Developer hereby agrees that the amounts specified above and paid [or promised to be paid] to the Developer hereunder satisfy in full the obligations of the District under such Development Agreement and hereby releases the District from any further responsibility to make payment to the Developer under such Development Agreement except as above provided. The Developer, in addition to the other representations and warranties herein, specifically snakes the following representations and warranties: 1. The Developer has the full legal right and authority to make the sale, transfer, and assignment herein provided. 2. The Developer is not a parry to any written or oral contract which adversely affects this Conveyance. 3. The Developer is not subject to any bylaw, agreement, mortgage, lien, lease, instrument, order, judgment, decree, or other restriction of any kind or character which would prevent the execution of this Conveyance. 4. The Developer is not engaged in or threatened with any legal action or proceeding, nor is it under any investigation, which prevents the execution of this Conveyance. 5. The person(s) executing this Conveyance on behalf of the Developer has full authority to do so, and no further official action need be taken by the Developer to validate this Conveyance. ' Insert with respect to any acquisition financed pursuant to Section 5.2(a) of the Development Agreement. 2 Insert with respect to any acquisition financed pursuant to Section 5.2(a) of the Development Agreement. D-2 6. The facilities conveyed hereunder are all located within public rights-of-way or public utility or other public easements dedicated by deed or dedicated by map of dedication,plat or otherwise. IN WITNESS WHEREOF, the Developer has caused this Conveyance to be executed and delivered this day of ,20_. By Title STATE OF ARIZONA ) ss. COUNTY OF ) This instrument was acknowledged before me on 20 by of a on behalf of said corporation. Notary Public Typed/Printed Name of Notary (Affix Seal Here) D-3 EXHIBIT E FORM OF DISCLOSURE STATEMENT SUPERSTITION VISTAS COMMUNITY FACILITIES DISTRICT NO. 2 DISCLOSURE STATEMENT Brookfield ASLD 8500 LLC, a Delaware limited liability company ("Developer"), in conjunction with the City of Apache Junction, Arizona (the "City"), have established a community facilities district (the "CFD")within the planned community development known as Superstition Vistas. The CFD has financed and, in the future, will finance certain public infrastructure improvements, which will result in a property tax liability and a separate special assessment lien liability for each residential property owner in Superstition Vistas. HOW THE CFD WORKS On October 5, 2021, the Mayor and Council of the City formed the CFD consisting of approximately 1,408 acres of land. An election was held on February 2, 2022, at which time the owners of the property within the CFD voted to authorize up to $400,000,000 of ad valorem tax bonds to be issued over time by the CFD to finance the acquisition or construction of public infrastructure improvements benefitting principally land within the CFD. The proceeds of separate special assessment bonds will be used to finance acquisition or construction of public infrastructure improvements benefitting principally designated areas within the CFD. Such improvements have been or will be dedicated to the City or other governmental entity upon acquisition or construction of such public infrastructure by the CFD. The City or other governmental entity will operate and maintain such improvements. WHAT WILL BE FINANCED? The CFD has been established to finance, at the request of Developer, not more than $350,000,000 in public infrastructure improvements within the CFD, including financing costs related to such improvements, through ad valorem tax bonds to be issued to finance the acquisition and construction of public infrastructure benefitting principally land within the CFD. [The CFD issued $_, ,000 of its General Obligation Bonds, Series 20_ on , 20 In addition, a special assessment bond has been issued in the amount of$ 000 to finance the acquisition of completed public infrastructure, consisting of roadway, sewer, water, storm drain, signage, streetlight, landscape and related improvements benefitting principally the land area depicted on Attachment 1 hereto ("Assessment District _"). The lot and residence for which this Disclosure Statement is provided is located in Assessment District Developer may be reimbursed from CFD bond proceeds for eligible public infrastructure improvements for up to ten (10) years after the date of acceptance of such infrastructure by the City or other governmental entity. E-1 PROPERTY OWNERS' TAX AND ASSESSMENT LIABILITY The obligation to retire the ad valorem tax bonds will become the responsibility of all property owners in the CFD through the payment of ad valorem property taxes collected by the Pinal County Treasurer in addition to all other property tax payments. The CFD has levied a $_._per$100.00 of net assessed limited property value tax rate for the District's current fiscal year 20_- 20 to provide for repayment of the ad valorem tax bonds. The CFD has also levied up to a $0.30 per $1.00.00 of net assessed limited property value tax rate to provide for the payment of certain administrative expenses and operation and maintenance of the public infrastructure improvements financed by the CFD ("O/M Tax"). Although the ad valorem tax rate levied by the CFD to retire the ad valorem tax bonds is not limited by law, beginning this fiscal year, the rate of the ad valorem tax is not expected to exceed a rate of$3.85 per $100.00 of net assessed limited property value for as long as any ad valorem tax bonds are outstanding. However, in the event of declining assessed values or significant delinquencies in the collection of ad valorem taxes, the ad valorem tax rate could increase above the rate that would generate the same levy as would have been generated under a rate of $3.85 per $100.00 of net assessed limited property value. Accordingly, there can be no guarantee ad valorem tax rates will not be increased, and may be increased significantly, to provide for repayment of such ad valorem tax bonds in the future. Developer is acquiring certain land within the boundaries of the District currently owned by the Arizona State Land Department in accordance with that certain Certificate of Purchase No. 53-120190 (the "Certificate of Purchase") and subject to the terms of the Participation and Infrastructure Contract Regarding ASLD Sale No. 53- 120190, as amended (the "Participation Contract"). Should the Certificate of Purchase and the Participation Contract terminate on account of a default thereunder, portions of the property within the District may revert to the Arizona State Land Department and no longer be subject to ad valorem taxes. In such situation, the ad valorem taxes levied on taxable property within the District, including the lot which is the subject of this Disclosure Statement, may increase significantly above a rate of $3.85 per $100 of net assessed limited property value. The obligation to retire the special assessment bonds issued to finance the acquisition of the completed public infrastructure benefitting principally Assessment District will be the responsibility of all property owners in Assessment District_ through the collection of installments of assessment liens of $_,_00 per lot levied by the CFD. It is anticipated that such assessment lien installment payments will be collected by the Pinal County Treasurer through its standard ad valorem property tax collection process. IMPACT OF ADDITIONAL CFD PROPERTY TAX AND ASSESSMENTS The following illustrates the estimated additional annual ad valorem tax liability imposed by the CFD, based on a range of residential values within Superstition Vistas and a combined $4.15 tax rate for the current fiscal year 20_-20_(the $3.85 tax rate to retire the ad valorem tax bonds plus the $0.30 O/M Tax rate): E-2 Assumed Value Estimated Annual of Residence Additional CFD Tax Liability* $ ,000 $ $ ,000 $ ,000 $ ,000 $ ,000 $ ,000 $ ,000 *Assumptions: 1. Improved residential property assessment ratio will remain at 10%. 2. The estimated total ad valorem tax amount is computed by multiplying the$4.15 per $100 of assessed limited property value times the estimated limited tax rate of property value times the improved residential property assessment ratio. The actual limited property value is determined by the Pinal County Assessor. The estimated annual assessment lien liability imposed by the CFD in Assessment District in addition to the ad valorem tax liability described above, is $ Additional information regarding the description of public infrastructure improvements to be financed by the CFD, bond issue public disclosure documents and other documents and agreements (including a copy of this Disclosure Statement) are available for review in the City of Apache Junction City Clerk's office. Your signature below acknowledges that you have read this Disclosure Statement at the time you made your decision to purchase property at Superstition Vistas and signed your purchase contract and that you understand the property you are purchasing will be taxed and separately assessed to pay the CFD bonds described above and issued in the future and taxed to pay the CFD operation, administration and maintenance expenses. Home Buyer Signature/Date Home Buyer Printed Name IF PURCHASING JOINTLY OR OTHERWISE WITH ANOTHER PARTY: Home Buyer Signature/Date Home Buyer Printed Name E-3 Builder Name: Parcel No. Lot No. UPON EXECUTION,MAIL DIRECTLY TO: CFD DISTRICT CLERK, CITY OF APACHE JUNCTION 300 E. SUPERSTITION BLVD APACHE JUNCTION, AZ 85119 E-4 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 22-522 Sponsor: Emile Schmid Agenda Date:9/6/2022 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 22-32 a resolution of the mayor and city council of the City of Apache Junction, Arizona, for the city to enter into an intergovernmental agreement with Pinal County Flood Control District for the planning and design for the Weekes Wash Regional Multi-Purpose Stormwater Detention Facility flood control project. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 When Recorded Return to: Pinal County Flood Control District Christopher Wanamaker,PE,CFM 85 N Florence Street PO Box 727 Florence,AZ 85132 IGA# INTERGOVERNMENTAL AGREEMENT FOR PLANNING AND DESIGN(PHASE 1)OF APACHE JUNCTION REGIONAL FLOOD CONTROL PROJECT BETWEEN FINAL COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF APACHE JUNCTION Agenda Item This Intergovernmental Agreement ("Agreement") is entered into by and among Pinal County Flood Control District a political subdivision of the State, acting by and through its Board of Directors (hereinafter referred to as "DISTRICT") and the City of Apache Junction, an Arizona municipal corporation (hereinafter referred to as "APACHE JUNCTION"). DISTRICT and APACHE JUNCTION are hereinafter collectively called the PROJECT PARTNERS. This Agreement shall become effective as of the date it has been executed by all parties and may be recorded by the Pinal County Recorder. STATUTORY AUTHORIZATION 1. APACHE JUNCTION is empowered by Arizona Revised Statutes ("A.R.S.") Section 9-240 and 11-951 et. seq. to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of APACHE JUNCTION. 2. DISTRICT is empowered by A.R.S. Section 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of DISTRICT. RECITALS 3. The Weekes Wash watershed originates in the Orohai and Superstition Mountains. It encompasses approximately 10 square miles in northeast Apache Junction and surrounding unincorporated Pinal County. The wash flows from northeast to southwest and crosses through the rural, suburban, and urban areas of Apache Junction. Because of a lack of watershed-based flood control infrastructure, flooding from the wash in low-lying areas of Apache Junction is common. The wash is hydraulically active and routinely contributes to significant sediment transport which is commonly deposited on roadway crossings and private properties downstream of State Route 88. IGA APACHE JUNCTION PAGE 1 OF 8 LATEST REVISION DATE 7/282022 4. The issues surrounding the flooding areas have for years created challenging problems for development and redevelopment of the area. The City of Apache Junction has submitted a Notice of Intent to apply for a grant for the Apache Junction Regional Flood Control Project (hereinafter referred to as "PROJECT") through the Hazard .Mitigation Grant Program (hereinafter referred to as "HMGP"). 5. The PROJECT seeks to mitigate significant stormwater impacts and sediment transport risks within a well-defined portion of Weekes Wash, located upstream of existing rural development in order to provide downstream risk reduction. The PROJECT will provide increased public safety, enhanced emergency access, and reduce risk to utility infrastructure, while decreasing the burden of post storm cleanup services. Furthermore, the PROJECT will mitigate the potential for repetitive loss properties while also providing a reduction to the effective FEMA floodplain delineations for Weekes Wash. 6. This Agreement is for the planning and preliminary design of the PROJECT necessary to complete the HMGP grant application (hereinafter be referred to as "Phase 1 of the PROJECT"). Phase 1 of the PROJECT will investigate the feasibility of, and provide preliminary design for, constructing a regional stormwater basin or a series of regional stormwater storage basins on or adjacent to Weekes Wash, to be located north of Lost Dutchman Boulevard and east of SR-88 (see Exhibit A). The undeveloped site consists of multiple land ownerships, located on state and federal lands (Bureau of Land Management) that will require purchasing a permanent easement for construction and maintenance of the mitigation solutions. The ownerships are currently divided vertically through the area of interest by the North Goldfield Road alignment. It is anticipated that a future intergovernmental agreement will be entered into by the PROJECT PARTNERS to address subsequent phases of the PROJECT, which are anticipated to include final design of the PROJECT solution; acquisition of rights-of-way, fee simple property, and easements; utility relocation; construction; construction management; and operation and maintenance. PURPOSE OF THE AGREEMENT 7. This Agreement identifies and defines the responsibilities of APACHE JUNCTION and DISTRICT for Phase 1 of the PROJECT activities related to planning and design. TERMS OF AGREEMENT 8. APACHE JUNCTION shall: 8.1 Fund one hundred percent (100%) of the design cost for Phase 1 of the PROJECT, anticipated to be $374,138. 8.2 Within thirty (30) calendar days of receipt, pending funding availability, reimburse DISTRICT for all invoices related to Phase 1 of the PROJECT in accordance with the terms of this Agreement. 8.3 Prepare and submit any required documentation to HMGP in order to be reimbursed from the grant funding for the planning and design costs incurred during Phase 1 of the PROJECT. IGA APACHE JUNCTION PAGE 2 OF 8 LATEST REVISION DATE 7/282022 8.3.1 APACHE JUNCTION agrees that reimbursement payments to DISTRICT shall not be contingent upon receipt of reimbursement payments from the HMGP grant. 8.4 Grant the DISTRICT permits at no cost for PROJECT investigations within APACHE JUNCTION rights-of-way or easements. 9. The DISTRICT shall: 9.1 Serve as the lead agency for Phase 1 of the PROJECT. 9.2 Contract for engineering services to satisfy the intent of the PROJECT using a procurement process authorized by A.R.S. Title 41. 9.3 Provide to APACHE JUNCTION interim PROJECT submittals and allow four (4) weeks for review and comment. Incorporate APACHE JUNCTION comments into the PROJECT as appropriate. 9.4 Provide sufficient DISTRICT staff to review the engineering submittals, participate in the PROJECT meetings, manage and administer the PROJECT, and fulfill all other requirements of this AGREEMENT. 9.5 Submit monthly invoices to APACHE JUNCTION for reimbursement of actual costs for contracted engineering services. 10. Each PROJECT PARNTER, and the PROJECT PARTNERS collectively, shall: 10.1 Comply with A.R.S. Sections 41-4401 and 23-214, subsection A. 10.1.1 Each party to this Agreement retains the legal right to inspect the records of the other parties' and any contractors' or subcontractors' employees performing work under this Agreement to verify compliance with A.R.S. Sections 41-4401 and 23-214, subsection A. 10.1.2 Failure by any party to this Agreement to comply with A.R.S. Sections 41-4401 and 23-21.4, subsection A shall be deemed a breach of this Agreement and is subject to penalties up to and including termination of the Agreement. 10.2 Require that any contractor selected for the PROJECT: 10.2.1 Warrant its compliance with all federal immigration laws and regulations that relate to its employees and their compliance with A.R.S. Section 23-214(A); 10.2.2 Agree that a breach of the warranty under paragraph 21.2.1 shall be deemed a material breach of contract and is subject to penalties up to and including termination of the contract; IGA APACHE JUNCTION PAGE 3 OF 8 LATEST REVISION DATE 7/282022 10.2.3 Agree that the other parties to this Agreement retains the legal right to inspect the papers of the contractor or subcontractor employee(s) who work(s) on this Agreement to ensure that contractor or subcontractor is complying with the warranty under paragraph 21.2.1; 10.2.4 Certify that it does not have a scrutinized business operation, as defined in A.R.S. Sections 35-391 and 35-393, in either Sudan or Iran. 10.3 Have the right, following mutual written agreement of all PROJECT PARTNERS, to delegate its responsibilities under this Agreement to another party. Any delegation, however, shall not relieve the delegating PROJECT PARTNER of its original responsibilities as defined herein. 10.4 In the case of any dispute over any items in this Agreement, agree to use their best efforts and enter into good faith negotiations to resolve the disputed matters. However, this shall not limit the rights of the PROJECT PARTNERS to seek any remedies provided by law. 10.5 Agree to equally share the cost of a PROJECT compliance and cost audit to be initiated within sixty (60) calendar days of PROJECT completion, if requested by any PROJECT PARTNER. An independent auditing firm agreed to by the PROJECT PARTNERS will perform the audit. Any payments or reimbursements necessary to bring the PROJECT into compliance with the audit findings shall be made within forty- five (45) calendar days of acceptance by the PROJECT PARTNERS. 11. The PROJECT may be phased for design and/or construction due to funding or other coordination issues. Responsibilities of APACHE JUNCTION and the DISTRICT shall be phased accordingly, including, but not limited to, invoicing, reimbursements, transfer of land rights and accepting of operation and maintenance. 12. If mutually acceptable to the PROJECT PARTNERS, PROJECT invoicing may be conducted periodically based on actual PROJECT COST incurred, no more frequently than monthly, in lieu of invoicing timelines otherwise established in this Agreement. 13. Each party to this Agreement (indemnitor) shall, to the extent permissible by law, indemnify, defend and hold harmless the others (indemnitees) including agents, officers, directors, governors and employees thereof, from and against any loss or expense incurred as a result of any claim or suit of any nature whatsoever, which arises out of indemnitor's negligent or wrongful acts or omissions pursuant to this Agreement. Such indemnification obligation shall encompass any personal injury, death or property damages resulting from the indemnitor's negligent or wrongful acts or omissions, as well as reasonable attorney's fees, court costs, and other expenses relating to the defense against claims or litigation, incurred by the indemnitee. Indemnitee shall be liable for its own negligence or wrongful acts as provided by law. 14. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: IGA APACHE JUNCTION PAGE 4 OF 8 LATEST REVISION DATE 7/282022 City of Apache Junction C/O City Engineer 300 E Superstition Blvd Apache Junction, AZ 85119 Pinal County Flood Control District Christopher Wanamaker, PE, CFM 85 N Florence Street PO Box 727 Florence, AZ 85132 15. This Agreement shall expire ten (10) years from the date of recording with the Pinal County Recorder or upon completion of the PROJECT and after all funding obligations and reimbursements have been satisfied in accordance with this Agreement, whichever is the first to occur. However, by mutual written agreement of all parties, this Agreement may be amended or terminated. The indemnification provisions of this Agreement shall survive the expiration of this Agreement 16. This Agreement is subject to cancellation by any party pursuant to the provisions of A.R.S. Section 38-511. 17. Attached to this Agreement or contained herein are the written determinations by the appropriate attorneys for the parties to this Agreement, that these agencies are authorized under the laws of the State of Arizona to enter into this Agreement and that it is in proper form. 18. If legislation is enacted after the effective date of this Agreement that changes the relationship or structure of one or more parties to this Agreement, the parties agree that this Agreement shall be renegotiated at the written request of any party. IGA APACHE JUNCTION PAGE 5 OF 8 LATEST REVISION DATE 7/282022 CITY OF APACHE JUNCTION A Municipal Corporation. Approved and Accepted: By: Walter"Chip"Wilson Date Mayor Attest: By: Jennifer Pena Date City Clerk APPROVAL AS TO FORM The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. Section 11- 952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and within the powers and authority granted to the City of Apache Junction under the laws of the State of Arizona. Richard Joel Stern Date Counsel for Apache Junction IGA APACHE JUNCTION PAGE 6 OF 8 LATEST REVISION DATE 7/282022 FINAL COUNTY FLOOD CONTROL DISTRICT A Municipal Corporation By: Jeffrey McClure Date Chairman, Pinal County Flood Control District Board of Directors Attest: By: Clerk of the Board of Directors Date APPROVAL AS TO FORM The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. Section 48- 3603 as amended, by the undersigned attorney who has determined that it is in proper form and within the power and authority granted to the County of Pinal under the laws of the State of Arizona. Counsel for the Pinal County FCD Date IGA APACHE JUNCTION PAGE 7 OF 8 LATEST REVISION DATE 7/282022 EXHIBIT "A" IGA APACHE JUNCTION PAGE 8 OF 8 LATEST REVISION DATE 7/282022 Exhibit A Study Area and Project Site ut ,. r� t ` RESOLUTION NO. 22-32 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 PINAL COUNTY FLOOD CONTROL DISTRICT FOR THE WEEKES WASH REGIONAL MULTI-PURPOSE STORMWATER DETENTION FACILITY FLOOD CONTROL PROJECT. WHEREAS, the City of Apache Junction ("City") and the Pinal County Flood Control District ("District") desire to enter into an Intergovernmental Agreement ("IGA") for the purposes of submitting for a grant for the Apache Junction Regional Flood Control Project (the "Project") ; and WHEREAS, the City acquired funds through the Hazard Mitigation Grant Program ("HMGP") for the construction of the Project; and WHEREAS, the District shall be the designated agent for the City; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into IGAs with other municipalities and governmental entities for joint or cooperative activities; and WHEREAS, the parties have crafted the attached written agreement in the form of an IGA which formalizes the arrangement; and WHEREAS, the attached written IGA sets forth the financial and administrative conditions for the Project; and WHEREAS, the City will reimburse the District for all invoices related to the Project; and WHEREAS, the City will prepare and submit all required documents to HMGP in order to be reimbursed; and WHEREAS, the City will contribute $374, 138 . 00 for the design Project costs . RESOLUTION NO. 22-32 PAGE 1 OF 2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The mayor and city council approve the attached form of the IGA set forth in the Attachment; and the mayor is hereby authorized to sign the agreement on behalf of the city. 2) The city manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the IGA. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 20 SIGNED AND ATTESTED TO THIS DAY OF , 20 WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 22-32 PAGE 2 OF 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. File ID: 22-550 Sponsor: Brian Gleave Agenda Date:9/6/2022 Index: In Control: City Council Meeting Consideration of approval of the procurement of new and replacement fleet vehicles and accessories budgeted for the current fiscal year utilizing the cooperative contract with the State of Arizona Contract Numbers CTR059322, CTR060664 and CTR041810 for a total purchase of $1,457,550.00. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 t Public Works Department el,+orela IJ�a� Home of the Superstition Mountains Date: August 2, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Proposed Purchase of General Fund Vehicles The public works department budgeted $1,094,000 for three detective vehicles, two prisoner transport vans, one evidence vehicle, six patrol vehicles, five parks and recreation vehicles, one building maintenance vehicle, and one library van including accessories and equipment using general funds in the city's Fiscal Year 2022/2023 budget approved by city council in June. Staff respectfully requests these items for the purchase in an amount not to exceed $1,094,000 be placed on the consent agenda for the September 6, 2022 city council meeting as done in prior years. Police Department Detectives 1- 2022 Ford Explorer XLT to replace unit 20-344 with 109,777 miles in poor condition 2- 2022 Ford Edge- additions to the fleet Police Department Evidence 1- 2022 Ford Explorer to replace unit 20-348 with 121,776 miles in fair condition Prisoner Transport Van 1- 2022 Ford F-350 Transit Van to replace unit 20-323 with 231,000 miles in fair/poor condition 1- 2023 Ford Transit 350 DRW to replace unit 20-353 with 194,495 miles in fair condition Patrol 1- 2022 Ford Explorer Police Utility Interceptor to replace unit 20-387 with 98,267 miles in poor condition 1- 2022 Ford Explorer Police Utility Interceptor to replace unit 20-389 with 102,226 miles in poor condition 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 t Public Works Department el,+orela iJ�a� Home of the Superstition Mountains 4- 2022 Ford Explorer Police Utility Interceptors- additions to the fleet Parks and Recreation Department 1- 2022 Ford F-350 DRW Truck with an 11-foot dump bed to replace unit 50-157 with 80,000 miles in poor condition 1- 2022 Ford F-350 DRW Truck with an 11-foot dump bed to replace unit 50-158 with 75,000 miles in poor condition 1- 2022 Ford F-350 DRW Truck with an 11-foot dump bed to replace unit 50-149 with 73,315 miles in poor condition 1- 2022 Ford F-150 XL Super Crew Truck to replace unit 50-218 with 96,135 miles in poor condition 1- 2022 Ford F-150 XL Super Crew Truck to replace unit 50-205 with 105,000 miles in poor condition Library Department 1- 2022 Ford Transit Connect 8 Passenger Van to replace unit 80-001, 80-003 and 80-004 Building Maintenance 1- 2022 Ford Super Crew XL Truck to replace unit 30-241 with 142,622 miles in poor condition The purchase of these vehicles would be through the cooperative State of Arizona Contract# CTR059322 and CTR060664. 575 E.Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 t Public Works Department Home of the Superstition Mountains Date: August 2, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Proposed Purchase of HURF Fund Equipment and Vehicle for Public Works The public works department budgeted $363,550 for a 2022 Ford F-450 DRW Sign Truck, 2023 Freightliner M2-60 Cab with dump bed, 2023 Ford F-150 XL Supercrew truck and 2023 Ford F- 350 DRW XL Dump Truck using highway user revenue funds (HURF) in the city's Fiscal Year 2022/2023 budget approved by city council in June. Staff respectfully requests these items for the purchase in an amount not to exceed $363,550 be placed on the consent agenda for the September 6, 2022 city council meeting as done in prior years. 1- 2022 Ford F-450 DRW Sign Truck to replace unit 30-271 with 120,620 miles and in poor condition. 1- 2023 Freightliner M2-60 Cab with Dump Bed to replace unit 30-219 with 100,252 miles and in fair/poor condition 1- 2023 Ford F-150 XL Supercrew Truck- new addition 1- 2023 Ford F-350 DRW XL Dump Truck- new addition The purchase of the Freightliner would be through the State of Arizona cooperative contract# CTR041810. The vehicles would use the State of Arizona contract# CTR059322 and CTR060664. 575 E. Baseline Avenue, Apache Junction,AZ 8521.9 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. File ID: 22-567 Sponsor: Liz Langenbach Agenda Date:9/6/2022 Index: In Control: City Council Meeting Consideration of approval to dedicate the Prospector Park Softball Complex to former Parks and Recreation Director, Jeff Bell. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 j it o ache p ojzoltA 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: July 20, 2022 SUBJECT: Dedication of Prospector Park Softball Complex to former director Jeff Bell Jeff Bell was the first director of the parks and recreation department and served the community for 35 years before retiring in 2016. He passed away in recent years and the department has been working closely with his family to find a meaningful way to publicly recognize the lifetime achievements and contributions of Mr. Bell. P&R Commission recently considered dedicating the Prospector Park softball complex in memory of Jeff and voted unanimously to forward their recommendation to the city council. Per our naming and dedication policy, this topic will be brought to the council in an upcoming work session for discussion and eventual consideration. The unveiling of the dedication monument will take place this fall and will be accompanied by a public celebration. Staff will be sharing the naming/dedication policy at an upcoming meeting prior to council's vote on the item. We appreciate your consideration. 300 E.Superstition Blvd.•APACHE JUNCTION,AZ 85119*PHONE(480)983-2181 9 FAX(480)982-2438 9 TDD(480)983-0095 RESOLUTION NO, 13-12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ADOPT A PUBLIC PARKS, AREAS AND FACILITIES NAMING/DEDT CATION POLICY. WHEREAS, on or about May 3, 1988, the Apache Junction Parks and Recreation Commission recommended to the Mayor and City council adoption of the "City of Apache Junction Community Services Department Facility operating and Procedures Manual" (the "Policy") ; and WHEREAS, on or about May 11, 1988, pursuant to Resolution No. 88-02 the Mayor and City Council voted to approve the recommendation; and WHEREAS, the Policy, contains a "Naming of Parks" section, among other provisions; and WHEREAS, on or about October 1, 2012, the Parks and Recreation Commission recommended to the Mayor and City Council amendments to the Policy (the "Amended Policy" ) ; and WHEREAS, the amendments are entitled "Parks, Areas and Facilities Naming/Dedication POLicy" , the stated purpose of which is to establish a systematic and consistent approach for the official naming and dedication of parks, recreation areas and facilities; and WHEREAS, certain changes came about due to citizen interest in establishing a means to acknowledge individuals or groups supporting the park system; and WHEREAS, the Amended Policy includes a provision that sets forth a "Dedication Criteria" , which is intended to recognize and honor individuals or groups contributing to the park system and may be dedicated in memory, or honor of individuals or groups. WHEREAS, dedications are accomplished by placement of a plaque at a facility describing how the individual or group supported the parks and recreation program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COLINCIL OF THE CITY OF PACHE JUNCTION ARIZONA, AS FOLLOWS : RESOLUTION NO. 13-12 PAGE 1 OF 2 i 1 The attached Parks, Areas and Facilities Naming/Dedication Policy be adopted. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL CIL OF THE CITY OF PACHE JUNCTION, ARIZONA, THIS _ITH DAY OF MAY 2013 SIGNED AND ATTESTED TO THIS DAY OF MAY 2013 e, J INS L CO Mayor ATTEST: 4 C KATHLEEN CONN LL City Clerk PROVED AS TO FORM: ICHA D J. STERN City Attorney RESOLUTION NO. 13-1 PAGE 2 OF 2 PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY PURPOSE:The purpose of this policy is to establish a systematic and consistent approach for the official naming and dedication of parks, recreation areas and facilities. OBJECTIVES: Ensure that parks, recreational areas and facilities are easily identified and located. Ensure that names and dedications are consistent with the value and character of the area or neighborhood served. Encourage public participation in the naming, renaming and dedication of parks, recreation areas and facilities. Encourage the dedication of lands,facilities, or donations by individuals and/or groups. DEFINITION: Parks, recreation areas and facilities—means and includes all city parks,trails, swimming pools, buildings, playgrounds, skate parks and/or any other public property under management and control of the Parks and Recreation Department,owned or leased by the city for the public benefit. RESPONSIBILITY: It is the responsibiiity of the Parks and Recreation Director to ensure the parks, recreation areas and facilities naming and dedication process takes place in compliance with the intent of this policy. NAMING CRITERIA: The policy of the Parks and Recreation Department is to name parks, recreation areas and facilities through an adopted process utilizing established criteria emphasizing community values and character, local history, geography and the environment. Naming may also be based on a financial contribution made by an individual,family or group. 1. Acceptable criteria for names of parks, recreation areas and facilities are as follows: A. The proposed name describes the geographical area where the facility is located. B. The proposed name describes something specifically unique to the Apache Junction area (flora, fauna,geology, historical or cultural descriptive terminology). C. The proposed name acknowledges significant financial support received from individuals or groups that pays for or donates park land,donates an amount that would provide for 51% or more of the parks development, and/or donates an amount that would cover the on- going operating and maintenance needs of the park.The value of volunteer time does not apply to this criterion. 2. Parks, recreation areas and facilities should be named prior to the beginning of the design for development so that the area takes on an early identification and allows for proper tracking during development. 3. The naming of a parks, recreation areas and facilities maybe done in conjunction with the community or neighborhood that will be served.This may be accomplished through various means as determined by staff and may include naming contest or recommendations made by recognized community groups. 4. Although not encouraged, names may be changed if properly justified and approved by the Parks and Recreation Commission and City Council. DEDICATION CRITERIA:The policy of the Parks and Recreation Department is to utilize a dedication program to recognize and honor individuals or groups contributing to the park system but not qualifying under the naming criteria. Parks, recreation areas,facilities or portions thereof, may be dedicated in memory,or honor of, individuals or groups by the placement of a dedication or memorial plaque that describes the contribution.The plaque must be made of quality material, rated for outdoor use and shall be no larger than 8"x 10"for minor amenities and 28"x 32" for major amenities. 1. Acceptable criteria for dedications of parks, recreation areas and facilities areas follows: A. Dedications are encouraged to be in the form of facility improvements or enhancements. B. Dedications may be in recognition of outstanding service that benefits the City, substantial donations or significant contribution to the facility or Parks and Recreation Department. C. Dedications may be in memory of deceased individuals who have significantly contributed to the facility or Parks and Recreation Department. D. Individuals or groups sponsoring (nominating)a dedication must provide sufficient funds to purchase and install the dedication or memorial plaque.The City will make every effort to maintain and preserve installed plaques but will not be responsible to replace and/or repair damaged or stolen ones. E. Dedications of minor amenities(trees, benches, etc.)shall be handled administratively by the Parks and Recreation Department. Dedications of major amenities(buildings, sports fields,etc.)shall be approved by the Parks and Recreation Commission and City Council.The wording, placement and/or mounting of plaque is subject to approval by the Parks and Recreation Department. PROCEDURE:The procedure for naming/dedicating parks, recreation areas and facilities is as follows: 1. Public initiated request to name or dedicate a park, recreation area or facility shall be submitted in writing to the Parks and Recreation Director. 2. Those submitting a naming/dedication request shall show how the proposed name/dedication is consistent with the criteria stated in this policy.When naming/dedicating after a person,the request must describe the contributions to the facility or Parks and Recreation Department. Written documentation of approval by next of kin (if available) is required as part of the proposal. City staff will review the proposal for adherence to stated criteria and authentication of statements of contributions before forwarding to the Parks and Recreation Commission. 3. The Parks and Recreation Commission will offer the opportunity for public input on the proposed naming/dedication. 4. The Parks and Recreation Commission shall forward their recommendation to City Council for final decision. 5. The Parks and Recreation Director and/or Parks and Recreation Commission can initiate the naming/dedication process whenever deemed necessary and/or in the best interest of the City. 6. In the absence of any naming/dedication request,the Parks and Recreation Commission shall adhere to criteria stated in this policy in recommendation of name/dedication. PARKS, AREAS AND FACILITIES NAMING/DEDICATION POLICY PURPOSE:The purpose of this policy is to establish a systematic and consistent approach for the official naming and dedication of parks, recreation areas and facilities. OBJECTIVES: Ensure that parks, recreational areas and facilities are easily identified and located. Ensure that names and dedications are consistent with the value and character of the area or neighborhood served. Encourage public participation in the naming, renaming and dedication of parks, recreation areas and facilities. Encourage the dedication of lands,facilities, or donations by individuals and/or groups. DEFINITION: Parks, recreation areas and facilities—means and includes all city parks,trails, swimming pools, buildings, playgrounds, skate parks and/or any other public property under management and control of the Parks and Recreation Department,owned or leased by the city for the public benefit. RESPONSIBILITY: It is the responsibiiity of the Parks and Recreation Director to ensure the parks, recreation areas and facilities naming and dedication process takes place in compliance with the intent of this policy. NAMING CRITERIA: The policy of the Parks and Recreation Department is to name parks, recreation areas and facilities through an adopted process utilizing established criteria emphasizing community values and character, local history, geography and the environment. Naming may also be based on a financial contribution made by an individual,family or group. 1. Acceptable criteria for names of parks, recreation areas and facilities are as follows: A. The proposed name describes the geographical area where the facility is located. B. The proposed name describes something specifically unique to the Apache Junction area (flora, fauna,geology, historical or cultural descriptive terminology). C. The proposed name acknowledges significant financial support received from individuals or groups that pays for or donates park land,donates an amount that would provide for 51% or more of the parks development, and/or donates an amount that would cover the on- going operating and maintenance needs of the park.The value of volunteer time does not apply to this criterion. 2. Parks, recreation areas and facilities should be named prior to the beginning of the design for development so that the area takes on an early identification and allows for proper tracking during development. 3. The naming of a parks, recreation areas and facilities maybe done in conjunction with the community or neighborhood that will be served.This may be accomplished through various means as determined by staff and may include naming contest or recommendations made by recognized community groups. 4. Although not encouraged, names may be changed if properly justified and approved by the Parks and Recreation Commission and City Council. DEDICATION CRITERIA:The policy of the Parks and Recreation Department is to utilize a dedication program to recognize and honor individuals or groups contributing to the park system but not qualifying under the naming criteria. Parks, recreation areas,facilities or portions thereof, may be dedicated in memory,or honor of, individuals or groups by the placement of a dedication or memorial plaque that describes the contribution.The plaque must be made of quality material, rated for outdoor use and shall be no larger than 8"x 10"for minor amenities and 28"x 32" for major amenities. 1. Acceptable criteria for dedications of parks, recreation areas and facilities areas follows: A. Dedications are encouraged to be in the form of facility improvements or enhancements. B. Dedications may be in recognition of outstanding service that benefits the City, substantial donations or significant contribution to the facility or Parks and Recreation Department. C. Dedications may be in memory of deceased individuals who have significantly contributed to the facility or Parks and Recreation Department. D. Individuals or groups sponsoring (nominating)a dedication must provide sufficient funds to purchase and install the dedication or memorial plaque.The City will make every effort to maintain and preserve installed plaques but will not be responsible to replace and/or repair damaged or stolen ones. E. Dedications of minor amenities(trees, benches, etc.)shall be handled administratively by the Parks and Recreation Department. Dedications of major amenities(buildings, sports fields,etc.)shall be approved by the Parks and Recreation Commission and City Council.The wording, placement and/or mounting of plaque is subject to approval by the Parks and Recreation Department. PROCEDURE:The procedure for naming/dedicating parks, recreation areas and facilities is as follows: 1. Public initiated request to name or dedicate a park, recreation area or facility shall be submitted in writing to the Parks and Recreation Director. 2. Those submitting a naming/dedication request shall show how the proposed name/dedication is consistent with the criteria stated in this policy.When naming/dedicating after a person,the request must describe the contributions to the facility or Parks and Recreation Department. Written documentation of approval by next of kin (if available) is required as part of the proposal. City staff will review the proposal for adherence to stated criteria and authentication of statements of contributions before forwarding to the Parks and Recreation Commission. 3. The Parks and Recreation Commission will offer the opportunity for public input on the proposed naming/dedication. 4. The Parks and Recreation Commission shall forward their recommendation to City Council for final decision. 5. The Parks and Recreation Director and/or Parks and Recreation Commission can initiate the naming/dedication process whenever deemed necessary and/or in the best interest of the City. 6. In the absence of any naming/dedication request,the Parks and Recreation Commission shall adhere to criteria stated in this policy in recommendation of name/dedication. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.9. File ID: 22-562 Sponsor:Jennifer Pena Agenda Date:9/6/2022 Index: In Control: City Council Meeting Proclamation designating the week of September 17 through September 23, 2022, as "Constitution Week." City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 r Vroclamatton CONSTITUTION WEEK SEPTEMBER 17 THROUGH SEPTEMBER 23, 2022 WHEREAS, September 17, 2022, marks the two hundred and thirty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE, I, Chip Wilson, by virtue of the authority vested in me as Mayor of the City of Apache Junction, Arizona, do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of Apache Junction to be affixed the day of 2022. 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. 10. File ID: 22-537 Sponsor: Chip Wilson Agenda Date:9/6/2022 Index: In Control: City Council Meeting Brief summary of intergovernmental updates from mayor and councilmembers. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. File ID: 22-538 Sponsor: Bryant Powell Agenda Date:9/6/2022 Index: In Control: City Council Meeting City Manager's Report. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 12. File ID: 22-539 Sponsor:Al Bravo Agenda Date:9/6/2022 Index: In Control: City Council Meeting Announcement of current events. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 13. File ID: 22-533 Sponsor:Jennifer Pena Agenda Date:9/6/2022 Index: In Control: City Council Meeting Consideration of application for a new Series 12 Restaurant Liquor License for Tumbleweed Grill & Bar located at 725 W Apache Trail, #2A, Apache Junction, AZ. The next step in the process is for the 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 8/31/2022 CityApacheof Junction 300 East Superstition Boulevard • Apache Junction, Arizona 85119 •www.ajcity.net SEPTEMBER 6, 2022 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL THROUGH: BRYANT POWELL, CITY MANAGER JENNIFER PENA, CITY CLERK FROM: EVIE MCKINNEY, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SERIES 12 RESTAURANT LIQUOR LICENSE FOR TUMBLEWEED GRILL & BAR An application for a Series 12 Restaurant Liquor License has been submitted by Jeffrey Craig Miller of Tumbleweed Grill & Bar, located at 725 W Apache Trail, #2A, Apache Junction, AZ 85120. The Arizona Department of Liquor Licenses and Control received the application on July 11, 2022 and the Apache Junction City Clerk's Office received the application from them on July 13, 2022. 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. Correspondence related to inspections of the premises for safety and code compliant matters have been received from the Apache Junction Police Department, Building and Safety Division, Planning and Zoning Department, and the Superstition Fire and Medical District. All four entities find compliance with the inspection requirements and recommend approval. Their responses are attached in Legistar for your review. The city council may now make a recommendation of approval or denial to the Arizona State Liquor Licenses and Control on this application. This recommendation must take place within sixty (60) days of the filing of the application, therefore must be done by September 9, 2022. Home of the Superstition Mountains State of Arizona Department I I" Licenses and Control gCreated 7/11 0 2 @ 09:56:20 A Local Governing Body Report LICENSE Number: Type: 012 RESTAURANT Name: TUMBLEWEED GRILL&BAR State: Pending Issue Date: Expiration Date: Original Issue Date: Location: 725 W APACHE TRAIL #2A APACHE JUNCTION,AZ 85120 USA Mailing Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (480)982-9260 Alt. Phone: (480)730-2675 Email: LIQUOR LICENSE cr AZLIC,CO Name: JEFFREY CRAIG MILLER Gender: Mule Correspondence Address: PO BOX 2502 CI-IANDLER,AZ 85244 USA Phone: (480)730-2675 Alt. Phone I---nail: LIQUOR LICENSL(a AZLIC.COM Name: TUIvI13LEWEED GRILL & BAR LLC Cownct Name: JEFFREY MILLER Type. LIMITFI7 LIM311_ITY COMPANY AZ (C File Nllmbel°: 233871 I5 State oflncorpowoon / him poi at on Date; W 16 2022 C'orie:p�7dulencc Address. PO BOX ?502 600 z ( 4O CIIANDI IR„\I 85244 rs U S \ Phone: (430)730-205 All. Phone: Iima& LI(t!_xC)I'L1C'1 N iI tr ,Ad.Ll(v.CC)IYI Officer", , stockholders Pave I oP'3 Name. Title: °ia Interest: `I"ERESA FAYE HIGGINS Member 50.00 JAY ALAN MCWHORTER Member 50.00 TUMBLEWEED GRILL & BAR LLC - Member Name: TERESA FAYE HIGGINS Gender: Fernale Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (951)348-2875 Alt. Phone: Email: CWHORTER85120 c@G AIL.COM Member Name: JAY ALAN MCWHORTER Gender: Male Correspondence Address. PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (928)444-6480 Alt. Phone: Email: MCWHORTER85120GMAIL.COM APPLICATION INFORMATION Application Number: 203072 Application Type: New Application Created Date: 07/11/2022 L_ (QUESTIONS & ANSWERS 012 Restaurant 1) Are you applying for an interim Permit(INP)? Yes A Document of type INTERIM PERMIT(iNP)NOTARY PAGE is required, 2) Are you one of the following?Please indicate below. Property Tenant Subtenant Property Owner Property Purchaser Property Management Company Property"Tenant 3) Is there a penalty if lease is not fulfilled? Yes What is the penalty? OWE UNTIL RE-LEASED 4) is the Lousiness located within the incorporated limits of the city or town of which it is located? Yes 5) What is the total money borrowed for the business not including the lease? Please list each amount owed to lenders/individuals. MOUNTAIN AMERICA CREDIT UNION-$124,000.00 220 E OLD WEST HWY APACE JUNCTION,AZ 85119 6) Are there walk-up or drive-through windows on the premises? No 7) floes the establishment hale a patio`? Yes Is the patio contiguouSor non-contit?uous(within 30 feet)? CONTIGUOUS PATIO 8) IS your licensed prenuses nox� closed due to construction,renovation or redesign or rebuild? No 9) What type of business will this, license bC LISM for? IZI STAURANT ll�igc 3 ol'3 Staterz Department of Liquor Licenses and Control Created 07 11/2022 @ 09:56:26 A Local Governing Body Report LICENSE Number: INP 1 10019316 Type: INP INTERIM PERMIT Name: TUMBLEWEED GRILL&BAR State: Closed Issue Date: 07/112022 Expiration Date: 10/24/2022 Original Issue Date: 07/11/2022 Location: 725 W APACHE TRAIL #2A APACHE JUNCTION,AZ 85120 USA Mailing Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (480)982-9260 Alt. Phone: (480)730-2675 Email: LIQUOR I-ICENSE )AZLIC.CO Name: JEFFREY CRAIG MILLER Gender: Mtale Conespondence Address: PO BOX 2502 CHANDLER.AZ 85244 USA Phone: (480)730-2675 All. Phone. Em 6L- LIQUORLICE.NSE(a AZL1C.COM i N'atat�c: TUM13LFti1°F1'D GRILL &BAR LLC Conulc: Name: JEFFREY N114_Ll 12 1)pe: LINIVI` I) LIABILITY COMPANY AT.CC I lie NUMbe F 23387115 State oI'Incorporation A/ ]ncotpwation Date': 06.16 2012 Correspondence Addle:,:,:" NO 130X 2502 USA Phone (=13o)730-2675 Alt. Phone: ) "J' Z,8 µ "Ifif L-11wil 1-1Q1'()IZI.I( f NM it \/[_]C.COM NORONflf3HOU 1U ( A..) Officer% Stockholders Name. Title. "o hiteac,,t TERESA FAYL HIGGINS Member 50,00 JAY ALAN IVIC%VHORTER Member 50.00 TUMBLEWEED GRILL & BAR LLC - Member Name: TERESA FAYE HIGGINS Gender: Female Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (951)348-2875 Alt.Phone: Email: MCWHORTER85120 cr GMAIL.COM Member Name: JAY ALAN MCWHORTER Gender: Male Correspondence Address: PO BOX 2502 CHANDLER,AZ 85244 USA Phone: (928)444-6480 Alt.Phone: Email: MCWHORTER85I20 ,!GMAIL.COM APPLICATION INFORMATION Application Number: 203073 Application Type: New Application Created Date: 0711 112022 QUESTIONS INP Interim Permit 1) hinter License Ntambet currently at location 012110010421 2) Is the license currently in ttse'' No I low long has it been axat 0fL[Se`' 03 30/2022 3) Will rou please submit section 5. page 6, ol`the license application vv-hell you leach the upload page" No N0110N11f3HDk)d0 ,A0 q 77 { d t r { • m • qo 4 Ilb r,. } if x, > I Zy CST Apache Junction Police Department Memorandum Date: 07/29/2022 To: Jenifer Pena, City Clerk From: Daniel Saldana, Lieutenant Subject: Tumbleweed Grill & Bar, Liquor Inspection The Apache Junction Police Department conducted a liquor and business inspection of the Tumbleweed Grill & Bar Grill located at 725 West Apache Trail #2A. The review occurred on 07/27/2022. This inspection was in regards to an interim liquor permit. The business entry doors are on the north wall facing the parking lot. The east wall has an entry/exit door to a fenced-in patio area with tables and seating. There is an additional emergency exit door to the rear of the establishment. At the time of my inspection, the business owners and staff were inside, getting the business ready for its grand opening. The product placement of liquor and beer were within the designated secured areas and outside the customers' immediate reach. I spoke with the establishment's owners, Teresa Faye Higgins and Jay Alan McWorter, and I identified the owners by their Arizona Drivers' licenses. The inspection included locating the nearest schools, daycare, and religious facilities. They are as follows: The nearest church is Rock Bible Church at 555 West Apache Trail (structure to structure is 48 feet). The closest school is to the west of this business Apache Trail High School, 945 W. Apache Trail, outside the 300 feet requirement. According to the application, the license is for a restaurant to sell alcohol and spiritous liquor. Due to the license type, Arizona Revised Statues 4-207 under section B exempts restaurants from the 300-foot requirement. This police department does not object to approving the interim permit as long as all other statutory requirements per the City of Apache Junction, County of Pinal, and the State of Arizona are met. Yvette McKinney From: AdhanA|egha Sent: Thursday, August 4, 2O225:44PK4 To: Yvette McKinney Subject: RE:Tumbleweed Grill & Bar Liquor License Application Evie: The Building Division has no objections to the liquor license request by Tumbleweed Grill and Bar. There in not change nn group occupancy and not related pending permits. Thank You, Adrian A8eg ^a Assistant Building and Safety Manager Development Services City of Apache Junction 30QE. Superstition B[vd. Apache Junction, AZ85119 480-474-5494, Office Hours-Monday—Thursday 7:00amm-6:00pmm,Closed on Fridays From:Yvette McKinney<nnckinney@apachejunctinnaz.8ov> Sent: Monday,July 25, 20226:32PM To:tina.0eru|a@sfmd.az.Aov; Richard.mooney@sfnnd.az.Qov; Rudy Esquivies<resquivias@apachejunctionaz.0ov>; Adrian A|e8riaxaa|e0ria@apachejunotionez.0ov» Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmortin@apachejunctinnaz.gnv> Subject:Tumbleweed Grill 8' Bar Liquor License Application The City Clerk's office has received the attached Series 12—Restaurant liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations tomeby Wednesday,August 3, 2U22, in order for this item Lnbenn the August 16, 2O22, City Council meeting. Thank you, Evie McKinney Ext5O6l A& City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 1 City Hall HounSof Operation 7AM -6PM' Monday through 1bVrsday, closed Fridays, Thismessmga and the information within isintendedfortherecipient. K you received 1hisammUin error, please notify the eendermnd then delete the email. Bnailsgenerated by council members or City staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the Open Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council, Membersof the Council and otherpublic bodiesmay reply to thismessage, but should not copy othermembersof the public body. 2 Yvette McKinney From: RudyEsquk/ias Sent: Tuesday, August 2' 2OZ24:04PK4 To: Yvette McKinney;tinageoo|a@sfndazgoqRichanj.nnooney@sfnd.azgmv;Adrian A|egria Cc: Jennifer Pena; Donna Scruggs; Dana Martin Subject: RE:Tumbleweed Grill 8/ Bar Liquor License Application Evie: The Planning Division has nm objections tm the liquor license request by Tumbleweed Grill and Bar. Similar establishments have operated out of this business occupancy continuously for years. Thank You, Development Services Director City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@apachejunctionaz.gov (Development Services Department office hours: Monday through Thursday from 7 ;00am to 6:00pm, closed Fridays and Holidays. ) From:Yvette McKinney<nnckinney@apachejunctionaz.govx Sent: Monday,July 25, 2U226:32PM To:tina.8ero|a@sfmd.az.0ov; Riohord.mooney@sfnod.az.gnv; Rudy Esquivias<resquivias@apachejunctionaz.0ov>; Adrian A|e0ria <oa|egria@apachejunctionaz.0uv> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apaoheiunotionaz.8ov> Subject:Tumbleweed Grill 8' Bar Liquor License Application The City Clerk's office has received the attached Series 12—Restaurant liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations to me by Wednesday,August 3, 2022, in order for this item to be on the August 16, 2022, City Council meeting. Thank you, Evie McKinney ExtS061 1 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ35119 City Fall Flour of Operation 7AM —6PM, Monday through 1hursday, closed Fridays. 'Thismessage and the information within isintended forthe recipient. If you received thisemail in error, please notify the nderand then delete the email. Emaiisgenerated by council membersorCity staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the open Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council. embersofthe Council and otherpublic bodiesmay reply to thismessage, but should not copy othermembersof the public body, 2 Yvette McKinney From: Tina Gero|a <tina.gero|a@sfnd.ezgov> Sent: Tuesday, August 2. 20228:O8AK4 To: Yvette McKinney; Richard Mooney; Rudy Esquivias;Adrian A|egha Cc: Jennifer Pena; Donna Scruggs; Dana Martin Subject: RE: [Exierna|] Tumbleweed Grill f1 Bar Liquor License Application Good morning. The SFKAD n2c0[DrneOds approval of this Liquor License Application. Thank you. Tina Gerola 1 Fire Inspector Community Risk Reduction Specialist Superstition Fire&Medical District Office > A&8Q\ 982-444O ext. l04 Mobile | /480\ 4I6-9775 C)ffire Hn`"rq | N.4nnJiv-Th.,rndn`,6rorn 7orn-6nrn Connect w °th us! 000000 From:Yvette McKinney<nnckinney6Dapacheiunotionaz.8ov> Sent: Monday,July 25, IO2I6:32PM To:Tina Gero|a «tina.8ero|a@sfmd.az.8nv>; Richard Mouney<richard.nnnnney@sfmd.az.8nv»; Rudy Esquivias <resquivias@apachejunciinnaz.8nv>;Adrian A|eQria<aa|e8ria@apachejunctionaz.8ov> Cc:Jennifer Pena <jpena@apachejunctionaz.gov>; Donna Scruggs<dscruggs@apachejunctionaz.gov>; Dana Martin <dmartin@apachejunctinnaz.8ov> Subject:Tumbleweed Grill & Bar Liquor License Application CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. The City Clerk's office has received the attached Series 12—Restaurant liquor license application. Please conduct your safety,security,ADA compliance and other inspections and submit your department recommendations tomeby Wednesday, August], 2O22, in order for this item tobeon the August 16, 2O22, City Council meeting. Thank you, Evie McKinney Ext5O61 1 City Of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 City Hall Hoursof Operation 7AM --0 ' , Monday through 1hursday, closed Fridays. 'Thismessage and the information within isintended forthe recipient. If you received thisemail in error, please notify the nderand then delete the email. ails generated by council members or City staff pertaining to City businessare public recordsand are preserved according to the City's records retention schedule.To ensure compliance with the ®pen Meeting Law, membersof the City Council should not forward email correspondence to othermembersof the Council. embersofthe Council and otherpublic bodiesmay reply to thismessage, but should not copy other membersof the public body. 2 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 14. File ID: 22-568 Sponsor: Sidney Urias Agenda Date:9/6/2022 Index: In Control: City Council Meeting Presentation, discussion, public hearing and consideration of Ordinance No. 1527, case P-22-65-PZ, a proposed rezoning of the southern portion of parcel 103-21-019A, located at the northeast corner of S. Starr Road and E. Old West Highway, from PI ("Public and Institutional') to RS-GR("General Rural Low Density Single-Family Detached Residential')to facilitate a land split with the intent to sell. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 City ofApache Junction Development Services Department Date : August 24, 2022 To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director Sidney Urias, Interim Planning Manager From: Erika Hernandez, Planning Intern Subject: September 6, 2022, City Council Public Hearing Item: P-22-65-PZ (Ordinance No. 1527) . A proposed Rezoning request by Crossroads Southern Baptist Church of the southern portion of 2001 South Starr Road from Public and Institutional ("PI) to General Rural Low Density Single-Family Detached Residential ("RS-GR") Background The property being considered in this rezoning is located on the northeast corner of Starr Road and Old West Highway. The parcel is identified as Pinal County Tax Parcel No. 103-21-019A and is proposed to change from Public and Institutional ("PI") to General Rural Low Density Single-Family Detached Residential ("RS-GR") to facilitate a land split. Planning and Zoning Commission Recommendation The Planning and Zoning Commission public hearing was held on August 23, 2022 (planning staff report and exhibits attached) . The Commission unanimously recommended approval of the proposed rezoning. The attached ordinance represents staff' s and the Commission' s recommendation. Staff Recommendation Staff recommends the approval of the proposed rezoning case P- 22-65-PZ subject to the conditions found in the staff report . Attachments : - Draft Ordinance No. 1527 - PZ Staff Report from August 23, 2022, with all attachments . ORDINANCE NO. 1527 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 P-22-65-PZ, A PROPOSED REZONING FROM PUBLIC AND INSTITUTIONAL (-PI") TO GENERAL RURAL LOW DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL ("RS-GR") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, this property is currently designated "Public and Institutional" and the surrounding neighborhood is designated as "Low Density Residential" by the city' s General Plan; and WHEREAS, the proposed rezoning does not conflict with the surrounding general plan designation found in the immediate neighborhood; and WHEREAS, on August 23, 2022, the Apache Junction planning and zoning commission unanimously recommended approval to the city council of rezoning case P-22-65-PZ . NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL The zoning district classification on the zoning district map for the parcel of land legally described as : The South 250 . 00 feet of the West half of the Northwest quarter of the Southeast quarter of the Southeast quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except the West 33 feet and the East 33 feet thereof; and Except any portion thereof lying South of the Northerly Right-of-Way line of Old West Highway (formerly known as U. S . Highway 60-80-89) . ORDINANCE NO. 1527 PAGE 1 OF 3 be and hereby is amended from Public and Institutional ("PI") to General Rural Low Density Single-Family Detached Residential ("RS-GR") , subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans attached and associated to this case and all the provisions of the zoning ordinance and City codes applicable to this case . 2) The main entrance of the property shall be located and addressed off of 22nd Avenue. 3) The new 1 . 25 acre lot shall be combined with parcel No. 103-21-0280, though the City' s lot combination process . 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 f 2022 . SIGNED AND ATTESTED TO THIS DAY OF 2022 . WALTER "CHIP" WILSON Mayor ORDINANCE NO. 1527 PAGE 2 OF 3 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1527 PAGE 3 OF 3 City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: August 23, 2022 CASE NUMBERS: P-22-65-PZ "Crossroads Baptist Church" OWNERS: Crossroads Southern Baptist Church, Inc. APPLICANT: Buntrock Harrison & Gardner Law, PLLC, represented by Shane Buntrock REQUEST: Proposed Rezoning of approximately 1 . 25 acres from PI ("Public and Institutional") to RS-GR ("General Rural Low Density Single-Family Detached Residential") LOCATION: The property is generally located near the northeast corner of Starr Road and Old West Highway GENERAL PLAN/ ZONING DESIGNATION: Public and Institutional (PI) SURROUNDING USES: North: Public and Institutional ("Existing Crossroads Baptist Church") East: General Rural Low Density Single- Family Detached Residential (RS-GR) South: Old West Highway West: General Rural Low Density Single- Family Detached Residential (RS-GR) and General Commercial (B-1) BACKGROUND In 1983, this property was zoned General Rural ("GR") and developed as a Church. In 1997, a manufactured home was installed on the southern 1 . 25 acres of the property and used as "Crossroads Baptist Church"Case P-22-65-PZ August 23,2022 Planning and Zoning Commission Staff Report 1 a Pastor' s quarters, until 2018 when the Pastor moved out-of- state . The current Pastor does not utilize the manufactured home, as he has his own residence . Crossroads Southern Baptist Church is now requesting to rezone the southern 1 . 25 acres of the property for an existing single-family residential use. PROPOSALS P-22-65-PZ is a proposed Rezoning of the southern portion of parcel 103-21-019A, located near the northeast corner of North Starr Road and Old West Highway to facilitate a land split. PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as "Public and Institutional" . The Public and Institutional designation represents areas where public or semi-public uses are most appropriate, including churches, police/fire substations, utility facilities, and hospitals . Zoning/Site Context: The approximate net 3 . 44 acre property is a privately-owned parcel surrounded by residential properties in the north, east, and west as well as commercial in the west . Public Input: Neighborhood meeting notification letters were sent from the applicant to all property owners within a 300-foot radius . On July 14, 2022, the applicant facilitated a neighborhood meeting via zoom and in-person, to which five (5) persons attended. Residents were concerned that the potential rezoning would result in a commercial district. When explained that the proposed rezoning was residential, residents were satisfied. Please see final participation report for additional details (attached) . PLANNING DIVISION RECOMMENDATION Staff is supportive of the proposed rezone request because of its conformance with the zoning ordinance and surrounding characteristics and existing uses . "Crossroads Baptist Church"Case P-22-65-PZ August 23,2022 Planning and Zoning Commission Staff Report 2 RECOMMENED MOTION FOR REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of case P-22-65-PZ, a rezoning request by Crossroads Southern Baptist Church, Inc. (owner) , represented by Shane Buntrock of Buntrock Harrison & Hardner Law, PLLC (applicant) , for a rezoning of approximately 1 . 25 acres of the southern half of APN 103-21-019A from Public and Institutional ("PI") to General Rural Low Density Single- Family Detached Residential ("RS-GR") to facilitate a land split, subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans approved and associated with this case and all provisions of the zoning ordinance and City codes applicable to this case . 2) The main entrance of the property shall be located and addressed off of 22nd Avenue. 3) The new 1 . 25 acre lot shall be combined with parcel No. 103-21-0280, through the City' s lot combination process . Er6kalRewnandRIk Prepared by Erika Hernandez Planning Intern Attachments : Exhibit #1 - P-22-65-PZ Application Exhibit #2 - P-22-65-PZ Vicinity Map Exhibit #3 - P-22-65-PZ Land Division Map Exhibit #4 - P-22-65-PZ Final Participation Report "Crossroads Baptist Church"Case P-22-65-PZ August 23,2022 Planning and Zoning Commission Staff Report 3 Proposed Zoning Change for APN: 103-21-019A Location: 2001 S. Starr Road, Apache Junction AZ 85119 [Northeast corner of E. Old West Highway and S. Starr Road] Case No.: Vicinity Map s , r Y a ,,, F�� i,~ ";if 1 f S { ✓�ra is t.x x W& Y �fr Y f x �x k BUNTROCK HARRISON & GARDNER LAW, PLLC 2158 NORTH GILBERT ROAD, SUITE 119 MESA, ARIZONA 85203 480-664-7728 Proposed Zoning Change for APN: 103-21-019A Purpose of Request The purpose of this zoning change application is to request that the zoning for the southerly portion of Parcel No. 103-21-019A (the "Property") be changed from PI (public and institutional) to RS- GR with the future intent of splitting the parcel. Description of Proposal The Property is owned by Crossroads Southern Baptist Church, Inc., an Arizona non-profit corporation (the "Owner"). The Property is currently approximately 3.4 acres and has frontage on East Old West Highway. Owner intends to split the parcel into a northerly portion of 2.2 acres and a southerly portion of 1.2 acres, and sell the southerly portion. The Property is zoned RI, and Owner seeks to rezone the southerly portion of the Property to RS-GR. Residential parcels to the immediate west, east and southeast are zoned RS-GR, including several parcels that measure smaller than 1.25 acres. (See 103-21-017A, 103-21-0280, 103-21-0290, and 103-21-0410.) A church sits on the northerly portion of the Property and a manufactured home sits on the southerly portion of the Property. Vicinity Zoning Map R -,5PD fi e ��Y� 4ax�na >x Relationship to Surrounding Properties The south border of the Property has frontage on East Old West Highway, a former highway and major arterial road nearer to Goldfield Road where traffic is reduced. The property is bordered by properties mainly zoned RS-GR, as well as RS-20M to the northeast and B-1 to the east. Directly across East Old West Highway is property zoned B-1. Page I Location and Accessibility The Property is on a major arterial road, East Old West Highway, and is accessed via Vaquero Road. Circulation System The Property's current use is consistent with the proposed zoning change and no change in development is planned by Owner. Thus, no on- or off-site traffic circulation plans were prepared. Development Schedule Not applicable. Community Facilities and Services The proposed zoning change would not have any effect on current community facilities or services. Public Utilities and Services The Property is served by the Arizona Water Company for water supply and Superstition Mountain Community Facilities District No. 1 for wastewater/sewage. Trash and recycle services are through Republic Services. Electricity is provided by Salt River Project. Owner currently receives telephone services through Mediacom. Police services are provided by the Apache Junction Police Department and fire services are provided through The Superstition Fire and Medical District. Page 2 RECORD OE SURVEY VICINITY MAP A PORTION OF THE SOUTHEAST 1 4 OF NOT TO SCALE PARCEL .DESCRIPTIONS BROADWAY AVE. SECTION 27, T. 1 N., R.8E., G.&S.R.B.&M. PARENT PARCEL - FEE NO. 2000-009435 F I EAST 1/4 CORNER THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 27 PINAL COUNTY, ARIZONA SECTION 27, FND OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 8 o GLO BRASS CAP EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PINAL COUNTY, cj IN POT HOLE W (APN 103-21 -019A) N ARIZONA. � = \ � o o w PARCEL A THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 1 NORTH, RANGE 8 \ o EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, PINAL COUNTY, L... .. ARIZONA; SOUTHERN AVE. EXCEPT THE WEST 33 FEET, THE NORTH 33 FEET AND THE EAST 33 FEET THEREOF; AND EXCEPT THE SOUTH 250.00 FEET THEREOF. NORTH LINE L SET MAG NAIL, PARCEL B SOUTHEAST 1/16 CORNER E. 20th AVE.SECTION 27, FND PK NAIL LS 21773 N89°59'15"E 1322.55' THE SOUTH 250.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER FITTING COUNTY SWING TIES; N89°59'15"E 330.64' OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, REPLACED WITH MAG SPIKE, �991 .92' - - TOWNSHIP 1 NORTH, RANGE 8 EAST OF THE GILA AND SALT RIVER BASE LS 21773 (PK NAIL DID NOT M M AND MERIDIAN, PINAL COUNTY, ARIZONA; RESPOND TO METAL DETECTOR) N89'59'15"E 264.64' SOUTH 1/16 CORNER EXCEPT THE WEST 33 FEET AND THE EAST 33 FEET THEREOF; AND 33' 33' SECTION 27, FND 1/2" REBAR EXCEPT THAT PORTION LYING SOUTH OF THE NORTHERLY RIGHT-OF-WAY LEGEND LINE FOR OLD WEST HIGHWAY (FORMERLY KNOWN AS U.S. HIGHWAY FND 1/2" REBAR, FND 1/2" I 60-80-89). LS 45086 REBAR, AFF O FND MONUMENT AS NOTED SET 112" REBAR, LS 21773 UNLESS NOTED OTHERWISE O MONUMENT NOT FND OR SET WEST LI N E L EAST LI N E LC) I A FND 1 114" IRON PIN, PINAL COUNTY SWING TIE MONUMENT 33' © FND ARIZONA HIGHWAY BRASS CAP IN CONCRETE Q (FEE N0. 2000-009435) d CROSS ROADS SOUTHERN BAPTIST CHURCH, INC. FND FOUND O GLO GENERAL LAND OFFICE 2.294 ac.gr. o AFF ACCEPTED, AFFIXED CAP/TAG LS 21773 rn (see note 4) UNR CAP/TAG UNREADABLE 00 0 0 BOB BASIS OF BEARINGS ( ,N I APN ASSESSOR'S PARCEL NUMBER 0 co cq co (0 0 ac.gr. ACRES GROSS o o w W w p ROW RIGHT-OF-WAY (0 0 o N D mm � NOTES o o 0r m 1-BEARINGS AND DISTANCES SHOWN ARE MEASURED OR CALCULATED (R) PER PINAL COUNTY SWING TIE RECORDS Q Z o I o 1--, UNLESS NOTED OTHERWISE. cq MH MANUFACTURED HOME II'- 33' W o N Li � 2-THIS SURVEY IS BASED ON THE PAYOFF DEED WARRANTY DEED RECORDED _ N � UTILITY POLE • 0 IN FEE NO. 2000-009435, PINAL COUNTY RECORDS, AND ON OTHER N N 0 — x x — CHAIN LINK FENCE z O INFORMATION AND INSTRUCTIONS AS PROVIDED BY THE CLIENT. NO CURRENT �� � OVERHEAD UTILITY WIRES / SCALE 1 " = 60' W 0 TITLE REPORT/SEARCH WAS PROVIDED. ANY OTHER EASEMENTS, I o RIGHTS-OF-WAY OR OTHER MATTERS OF RECORD THAT MAY AFFECT THIS APPROXIMATE FLOW LINE OF ___ N89°57'56"E ___ 30 vj SITE ARE NOT SHOWN HEREON. - — WASH (AND DIRECTION OF FLOW) 33' 264.66' / 33' 0 0 3-THIS MAP DOES NOT PURPORT TO VERIFY THE OWNERSHIP OF ANY AW AWNING \ a, // 0 60 120 PROPERTY SHOWN OR INVOLVED IN THIS SURVEY. ACTUAL OWNERSHIP LINES \ 00 MAY BE AFFECTED BY MONUMENTS, LINES OF OCCUPATION AND/ OR OTHER CP CARPORT cv N 76\ I 00 / N I UNWRITTEN RIGHTS. SR STORAGE ROOM 4 A� SPLIT PARCEL LETTER DESIGNATION\ 9 \ X o 33' 4-GROSS ACREAGE SHOWN HEREON DOES NOT INCLUDE THE ADJACENT 6 ROADS 33' ROADWAY AND PUBLIC \ i . \ N \ � © UTILITIES RIGHTS-OF-WAY i 5-THERE IS A BUILDING AND OTHER FEATURES LOCATED ON PARCEL A U.S. PATENT NO. 1158637 1 .177 ac.gr. W ° THAT ARE NOT PLOTTED OR OTHERWISE SHOWN HEREON. 33' EXCEPTION TO PARCEL PER I (see note 4) ' A ��x o ® DOCKET 1156, PAGE 28 _ " MH o WEST 112 OF NORTHWEST 114 c? CP `, N F s . © OF SOUTHEAST 114 OF coo O�O SS� X SR ' ,,=- 27' SOUTHEAST 114 OF SECTION 27 I 3�t_ F 2 ST Sys x x x x yyyy o . — . • I CERTIFICA TION _ 238.8_6' _ 33' S89°57'56"W 58.80' I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND BY ME S89'57'56"W OR UNDER MY SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF PARTIAL LIST OF ADDITIONAL FND 1/2" REBAR \ SET MAG NAIL, MY KNOWLEDGE AND BELIEF. Eo cos DOCUMENTS REVIEWED GENERAL LAND OFFICE PLAT � I SOUTH LINE L �s8 LS 21773 I �.��,��F�carF��'9`� 21773 0 BUREAU OF LAND MANAGEMENT PLAT o \6' JAMES A. N FEE N0. 2010-094849 co HEWITT C:)f BOOK 02 OF SURVEYS, PAGE 024 NORTHERLY ROW LINE �'/� a �`r?r BOOK 02 OF SURVEYS PAGE 048 OLD WEST HIGHWAY \v��,7 ��snd 6 V U•f{ BOOK 13 OF SURVEYS, PAGE 038 � JAMES A. HEW R.L.S. # 21773 ?oNA Us P' BOOK 22 OF SURVEYS, PAGE 102 0 BOOK 22 OF SURVEYS, PAGE 103 0 BOOK 22 OF SURVEYS, PAGE 125 z BOOK 22 OF SURVEYS, PAGE 274 SOUTHEAST CORNER SECTION 27, FND 1.75" CONCRETE FILLED PIPE IN POT HOLE r R6s S89°56'37"W 1322.80' SHEET NO. EAST 1/16 CORNER SECTION 27, FND 5/8 REBAR; E � ABILITY LAND SURVEYING INC- 1 OF 1 6\ 9, E. SOUTHERN AVE. ALSO FND 5/8 REBAR, UNR, 1 EAST & 0.4 NORTH. THE EASTERLY REBAR WAS NOT ACCEPTED J� 1 AS ITS POSITION APPEARS TO HAVE BEEN 185 SOUTH MOUNTAIN VIEW ROAD DATE INCORRECTLY DETERMINED AS A LOST CORNER 6/21 RATHER THAN AN OBLITERATED CORNER. APACHE JUNCTION, ARIZONA 85119 JOB NO. PH 480-982-0413 21 -0502 Public Participation Plan Proposed Zoning Change for APN: 103-21-019A Location: 2001 S. Starr Road, Apache Junction, AZ 85119 [Northeast corner of E. Old West Highway and S. Starr Road] Case No.: Vicinity Map x M a q" r k GR µ uaZ a BUNTROCK HARRISON & GARDNER LAW, PLLC 2158 NORTH GILBERT ROAD, SUITE 119 MESA, ARIZONA 85203 480-664-7728 Public Participation Plan Proposed Zoning Change for APN: 103-21-019A Parties Affected by Application Adjacent and nearby property owners likely will not be affected because the proposed zoning change would allow the southerly portion of the Property to be used for residential purposes. Most of the surrounding properties are zoned residential. The current use of the southerly portion of the Property is residential. A manufactured home sits on the southerly portion of the Property. If the zoning change is approved the approximate 1.2-acre southerly portion of the Property will be used for residential purposes as it is currently being used. No new development is currently proposed in conjunction with this zoning change request. A lot split is anticipated following rezoning after which renovations to the existing manufactured home and/or development may be expected. There should not be any current effect on any neighboring property owners, interested parties, political jurisdictions, or public agencies. Notification and Information Procedures Applicant will mail a letter in substantially the form attached hereto to all property owners within 300 feet of the Property as well as any potentially affected citizens who have requested to be placed on the interested parties notification list maintained by the Planning and Zoning staff. The letter will provide notice that the application has been made and provide information about the substance of the proposed change and invite the public to attend a neighborhood meeting. In addition, signage will be posted on the Property not less than 15 days before the first public hearing date informing any interested parties about the application and dates of upcoming hearings. Response Procedures The owner's authorized agent will host a neighborhood meeting, where the proposed change will be presented and any interested parties will have a chance to ask questions and express concerns, issues, or problems they may have with the proposed change. The aforementioned letter to nearby property owners will include the date, time, and location of the neighborhood meeting. Depending on the response at the neighborhood meeting, it may be necessary for a second neighborhood meeting to be held. Schedule for Completion The initial letter will be mailed to all property owners fourteen (14) days of the application being submitted. The neighborhood meeting will be held within thirty (30) days of the letter being mailed. If a second neighborhood meeting is necessary, it will be held within twenty-one (21) days of the first neighborhood meeting. All public participation requirements are anticipated to be complete within sixty (60) days of the application date. Page 1 Status Procedure The owner's authorized agent will keep the Planning and Zoning staff informed of the status of public participation efforts, including providing a copy of the notification letter and a date when all letters have been mailed, providing the Public Participation Final Report, and discussing the results of the neighborhood meeting(s) with the assigned planner. Page 2 BUNTROCK 2158 N. Gilbert Road, Suite 119 Mesa,AZ 85203 BHG H A R R I S 0 N 480-664-7728 PH 1480-668-3110 FX G A R D N E Ro-u� Sender's Email: Shane June 17, 2022 Notice of Proposed Zoning Change Request: Rezone southerly portion of property (approximately 1.2-acres) from PI to RS-GR Proposal: Zone Change from PI (public and institutional) to RS-GR(residential) Zoning Case No.: Location: 2001 S. Starr Road, Apache Junction, AZ 85119 [Northeast comer of E. Old West Highway and S. Starr Road] Parcel No.: 103-21-019A Size: The parcel is approximately 3.34 acres;rezone is requested for the southerly 1.2-acres Authorized Agent: Buntrock Harrison& Gardner Law, PLLC 2158 N. Gilbert Road, Suite 119 Mesa, Arizona 85203 Contact Person: Shane D. Buntrock, 480-664-7728, shane(ii)bh law.coVicinit Ma o TM www.bhglaw.com June 17, 2022 Page 2 of 2 An application has been filed with the Apache Junction Planning and Zoning Department regarding the request above. This notice is being sent to you because property listed in your name is located within 300 feet of the site noted above. This notice is being sent to you to inform you of this application and to provide you with an opportunity to relay any questions, issues, or concerns regarding this application to: Shane D. Buntrock Buntrock Harrison& Gardner Law,PLLC 2158 N. Gilbert Road, Suite 119 Mesa, Arizona 85203 480-664-7728 shanc&bb la .co A neighborhood meeting will be held DATE, from TIME START-END as follows: in person: at 2001 S Starr Road, Apache Junction, AZ 85119, and videoconference/conference call. INSERT LOG-IN/DIAL-IN CREDENTIALS THIS IS NOT A NOTICE OF A PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION OR CITY COUNCIL. HOWEVER, YOU MAY RECEIVE SUCH A NOTICE AT A FUTURE DATE IF THE APPLICATION IS SCHEDULED FOR HEARING. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 15. File ID: 22-523 Sponsor: Heather Hodgman Agenda Date:9/6/2022 Index: In Control: City Council Meeting Presentation and discussion on PW 22-18 Trash and Recycle Material for city-owned facilities. City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 t Public Works Department el,+orela J�a� Home of the Superstition Mountains Date: August 3, 2022 To: Mayor and Members of the City Council Through: Bryant Powell, City Manager Mike Wever, Public Works Director From: Heather Hodgman, Administrative Services Manager Subject: Trash and Recycle Material In response to the city's notice inviting bid proposals for PW 22-18 Trash and Recycle Material for city facilities in which one proposal was received. Republic Services $23,564.04 Base Bid Staff is recommending entering into an agreement with Allied Waste Transportation, Inc dba Republic Services for a period of 1 (one) year with the option to renew for four(4) additional one-year periods in the amount of$23,564.04 with an approved annual consumer price index for all Urban Consumers (Water, Sewer and Trash Collection Services) U.S City Average as published by the United States Labor, Bureau of Statistics not to exceed 5%. 575 E. Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 i I r �# } is it tryry. Wi 4 i', ,.��,.. 1 ,It,rn•., §3 ,�.f.i r,: i�ttt :n fr'}Ir.. ,) f; .. }� l.: t r.tt��.,, t �,tf., F t, a`. x I w r II „„w T ih V6 PROPOSAL � ,,,e,,c,h,n,ic,a,I ,Proposal worth 100 points consisted of scoring on : e 'e ri t*G ra[lnfor ma ion E xi-lien,ce, and Qualifications ' er u 8"i I li,hg arid:0 stomer Service I rity,'Thoroughness of Proposal ........... R en' to,n0► 2t' s ) f Addenda, *J scores on the tehnicalnd pricing proposal f� � � er'sta 27zs rid,' 290 ......... � •, n«+ ��,, x n �.p2ria ' . . . . . . . . . ® a F., a . . . . . . . . . #' t,' V6 'O',N,SUMER PRICE INDEX k n uler,,Pr' ic' e In l"M dex (CPI) for all Urban Consumers (Water, Sewer and Trash s cti,,on, ,Services), U.S. City Average as published by the United States Labor, cif UreStatistics. CP[ra' 't Os,,are adjusted ,using the most recently available trailing twelve (12) m o n t areragh,s� e,cornpared to the twelve (12) months preceding. hnu:a, [Intrease, m,a not exceed 5%. y , "N V6 A CONCLUSION ''Staff' 'recomm ends entering into an agreement with Allied Waste ranspor a ton,int dba Republic Services in the amount of $23, 564.04 ith'a n :approved ,annual CP1 increase.W id , AGREEMENT FOR H AND RECYCLE MATERIAL REMOVAL BETWEEN THE CITY 4F APACHE JUNCTION AND ALLIED WASTE SYSTEMS,INC. DOA REPUBLIC SERVICES THIS AGREEMENT is made and entered into by and between the CITY OF APACHE JUNCTION ("City"), an Arizona municipal corporation, and ALLIED WASTE SYSTEMS, INC., DSA REPUBLIC SERVICES, a Delaware corporation ("Contractor"), who shall be collectively referred to as the "Parties", or individually as a "Party". RECITALS A. Contractor has responded to City's request for proposal (the "RFP" and response both being considered the "Contract Documents")via RFP No. PW 22-18, in which Contractor asserts its willingness, ability and qualifications to provide this work and service(hereinafter referred to as the"Work"). B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall render the Work. C. City has complied with the public bidding requirements under4 Arizona Revised Statute Title 34 and Apache Junction City Code, Vol. 1, Chapter- 3.Administration,Article -7: Procurement Procedures. AGREEMENT NOW,THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner,the Work in accordance with the Contract Documents as fully described in the RFP No. PW# 22-18, which pricing is summarized in Exhibit A and B. 2. CONTRACT TERM: The Term of this Agreement shall be performed from September 21, 2022 through September 20, 2023. The City of Apache.function has the option to renew the Contract for four ) additional one-year periods if mutually agreeable. if the contract is renewed,the total length of the contract shall not exceed five (S)years from the original date of award of Contract. The city reserves the right to unilaterally extend any of the one-year(+1) periods by thirty-one( 1)days. This provision does not limit the liability of the Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor. 3. LAtR AND MATERIALS: Unless otherwise provided in the contract documents,Contractor shall provide,pay and insure under the requisite laws and regulations for all labor,= materiels, equipment, tools and machinery, utilities, transportation, ether facilities and services necessary for the proper execution and completion of the Work whether temporary or permanent,and whether or net incorporated or to be incorporated in the Work. 4. Al JUSTMENTS: At least sixty (60) days prior to each anniversary date of when services begin, contractor shall submit in writing a request to increase or decrease rates for all Services, as set forth in Exhibit A and B, effective on each anniversary of the date Services begin under this Agreement in an amount equal to the percentage increase or decrease in the Consumer Price Index for All Urban Consumers (Water, Sewer and Trash Collection Services) U.S. City Average, as published by United States Department of Labor, Bureau of Statistics(the"CPI"). For the CPI calculation, rates will be adjusted using the most recently available trailing twelve (12) months average CPI compared to the twelve ) months preceding. Annual increase may not exceed 5%t 5. TAXES: Contractor shall pay all license, sales, consumer, use and tither similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable slue to acts of jurisdictions or bodies ether than City. 6. PERMITS & FEES: Unless otherwise provided In the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. City permits for this Work will be provider! to Contractor at no cost. Contractor represents and warrants that any license necessary to perform the Work under this Agreement is current and valid. Contractor understands that the: activity described herein constitutes "doing business in the City of. Apache Junction}' and Contractor agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. 1, and keep such license current during the term of this Agreement and after termination of this Agreement any time Work is performed pursuant to the warranty previsions set forth in Section+6. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code,Chapter 8A, may also apply and if so, shall obtain a transaction privilege license and/or ether licenses as'may be required by the city code. Any activity by subcontractorswithin the corporate city limits will invoke the saute licensing regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any and all applicable licenses. Further, Contractor agrees to pay all applicable privilege and use taxes that are applicable to the activities, products and services provided under this Agreement. 7. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as an independent Contractor. Contractor'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 suite or federal taxes, or provide workers' compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all means, methods, techniques, sequences and procedures,and for coordinating all portions of the work required by the contract documents. Contractor shall be responsible to City for the acts and omissions of its employees. 8. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and held 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 with or alleged to have arisen from or connected with, relating to,arising out of, or alleged to have resulted only from the negligent, intentional or reckless acts, errors, mistakes, omissions, Work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement. Contractor'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, only caused, by a Contractor's negligent, intentional, or reckless acts, errors, mistakes, omissions, Work or services in the performance of this Agreement including any employee of Contractor,any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. 9. ENFORCED QEL YS (FORCE MAJEURE)x Neither City nor Contractor, a ; the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of Coot, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes,labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes,acts of a public enemy,war,terrorism or act of terror(including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar" occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants,subcontractors,vendors or investors desired by Contractor in connection with the Project. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall,within thirty (30) calendar days after such Party knows or should know of any such Enforced belay,first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar clays. 10. GOVERNING LAW ANDVENUE: 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 Pinl 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 can account of the breach of any term or condition in this Agreement,it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' _ fees, necessary witness fees and court casts to be determined by the court in such action. 11. INSURANCE. Contractor,at its own expense, shall purchase and maintain the minimum insurance and other additional requirements set forth herein. All insurance required herein shall be maintained in full farce and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted;failure to do so may, at the sale discretion of City constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies orany breach of an insurance policy warranty shall not affect�coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain waiver of transfer rights of recovery(subrogation)against City,its agents,officers,officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or services. The insurance policies may provide coverage which contains deductibles or self. insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shell not be obligated, however,to review same or to advise {contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from,or be deemed a Waiver of City's right to insist can strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation, required by this Agreement, shall name City, its agent, officers, officials and employees as additional insured parties. REQUIRED COVERAGE Commercial General liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for ; each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a$2,000,000 General Aggregate Limit. The policy shell include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket :contractual coverage including,but not limited to,the liability assumed under the Indemnification provisions of this Agreement which coverage will beat least a broad as; Insurance Service Office, Inc. Policy Farm CG 000 1-JS or the equivalent thereof. In addition,automobile liability coverage of at least$1 million per occurrence or a combined single limit of at least$1,000,000 is required.The auto liability policy should contain endorsements for hired autos, non-owned autos and scheduled vehicles, as applicable to the Contractor's business. Such policy shall contain a severability of interest provision,and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office Inc.'s Additional Insured,Form CG 20101185, or the equivalent thereof,and shalt include coverage for Contractor's operations and products and completed operations. If required by this Agreement,if Contractor sublets any part of the Work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, City and Contractor's protective Liability insurance policy for bodily injury and property damage, including death,which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contr ctor"s General Liability insurance. Workers' Compensation (blot Applicable:to Sole Proprietorships) Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction ofContractor's employees engaged in the performance of the work or services, and Employer's Liability insurance of not less than$ 00,000 for each accident,$100,000 disease for each employee and $500,000 disease policy limit. In case any work Is subcontracted, Contractor will require subcontractor to provide Workers' Compensation and Employers Liability to at least the same extent a required of Contractor, CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agreement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in frill force and effect. In the event any insurance policies required by this Agreement are written can a *claims made"basis,coverage shall extend for two( }years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance,to be fired with the City Clerk of City. If a policy does expire during the life of the Agreement,a renewal certificate must be sent to City thirty ( 0) calendar days nicer to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title, Insurance required herein shall not expire, be canceled, or materially changed without thirty(30)calendar days' }prior written notice to City. 12. SUCCESSOLtS. ASSIGNMENT & DELEGATION: City and Contractor each bind themselves,their partners, successors,assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such ether party in respect to all covenants, agreements and obligations contained in the contract documents. Neither party to the contract shall assign the contract or sublet it as a whole or delegate the duties hereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 13. WRITTEN NOTICE: Written notice shall be deemed to have been duty served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice. If to the City: Public Works Department c/o Heather Hodgman 575 E Baseline Ave Apache Junction,AZ 85119 If to Consultant: Allied Waste Systems, Inc.IBA Republic Services c/o Zack Goetz 3046 N Maple St Mesa,AZ 85215 14. SAFETY: Contractor and/or its subcontractors shell be solely responsible ferjob safety at all times. 15. RIGHTS &REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available bylaw. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of there under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence" to any breaches hereunder except as may be specifically agreed to in writing. 16. TERMINATION OF CONTRACTOR: Early termination of contract is permitted at discretion of Contractor, however, where such discretion is exercised, liquidated damages will be clue to the city in the sum of 5% of the contract amount for a five(5)year period had/the contract been performed for the full first year plus four renewal periods. The Parties stipulate that this amount is ar reasonable amount that accurately reflects the monetary impact the City will experience due to early termination. Contractor shall serve Notice of Early Termination of Contract to City by first class certified U.S. mail ninety (90) calendar days before such termination takes effect. 17. TERMINATION BY CITY. If Contractor is adjudged bankrupt or if it makes a general assignment for the benefit of its creditors or if a receiver is appointed on account of its solvency, or if it persistently or repeatedly refuses or fails except in case for which extension of time is provided to supply enough properly skilled works or proper materials or labor or persistently disregards laws, ordinances, rules,regulations or orders of any public authority having jurisdiction or otherwise is guilty of a substantial violation of a provision of the contract documents, City upon certification by the Director of Public Works that sufficient cause exists to justify such action may without prejudice to any right or remedy and after giving the Contractor and its surety if any,ten 0)calendar days written notice,terminate this contract and take possession of the site and of all materials,equipment,tools, construction equipment and machinery thereon awned by the Contractor and may finish the Work by whatever method it may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the Work is finished, if the unpaid balance of the contract scam exceeds the cost of finishing the Work such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to City. The amount to be paid to Contractor or to City as the case may be,shall be certified by the City'City's Director of Public Works and this obligation for payment shall survive the termination of this contract. 18. APPEALS: All contractual grievances shall be submitted in writing to City Manager within five(5) calendar days after the difference of opinion or grievance occurs relating to any of the provisions of the terms of this Agreement. Within five ( )calendar days of receiving a written grievance,the City Manager shall respond in Writing to the company. The City Manager's decision shall be final and binding, subject only to ar further appeal in the Pinal County Superior Court pursuant to A.R.S. § 12-901, et seq. 19. RECORDS: Records of Contractor's labor,payroll and ether costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least three(3)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. 20. AMENDMENT: 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, and that oral understandings or agreements not incorporated herein shall not be binding on the parties. 21. ENTIRE AGREEMENT. This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. it is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties 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. 22.. E' E ILITY: City and Contractor each believe that the execution,delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city ode), 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. 23. TIME IS QF THE ESSENCE. Time is of the essence with respect to all provisions in this Agreement. Any delay in performance by either Party shall constitute a material breach of this Agreement. 24. CONFLICT OF INTEREST. This Agreement is subject to, and may be terminated by City in accordance with,the previsions of A.R.S.§38-511. 25. PRQLIIBITION TO CONTRACT WITH CONTRACTORS WHO ENGAGE IN BOYCOTT OF THE STATE OF ISRAEL: The Parties acknowledge A.R.B.§§ 5-393 through 35-393.03, as amended, which forbids public entities from contracting with Contractors who engage in boycotts of the State of Israel. Should Contractor 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 Contractor to monetary damages, including but not limited to,consequential and liquidated damages. 26. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with [disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act o 1989 to the services performed under this Agreement. As required by A.R.S.§ 1-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. _if Contractor uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and'regulations that relate to its employees and A.R.S. § 2 - 214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up- to and including termination of this Agreement. Contractor is subject to a penalty of l g per day for the first violation, $500 per clay for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if Contractor and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 27 B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. §23-214(A). City retains the legal right to inspect the papers of any Contractor or subcontractor employee who works under this Agreement to ensure that Contractor or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. if state law i amended, the Parties may modify this paragraph consistent with state law. 7. COOPERATIVE USE OF Q T +CT: City has entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures "SAVE" cooperative. This contract may be extended for use by other municipalities, school districts and government agencies in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency. Orders placed by other agencies and payment thereof will be the sole responsibility of that agency. City shall not be responsible for any disputes arising out of transactions made by others. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , [h. CONTRACTOR' ALLIED WASTE SYSTEMS, INC. DBA REPUBLIC SERVICES, a Delaware corporation: .. `� - ' Title:Genera,Manager CI CITY OF APACHE JUNCTION, an Arizona municipal corporation: By, Walter"Chip'Wilson Title- Mayor ATTEST: Jennifer Pena City Clerk APPROVED AS TO FORM: Richard J.Stern City Attorney STATE OF Arizona COUNTY OF Maricopa }ss. The foregoing was subscribed and sworn to before me this day of 25tht + � , by Aa r2a Gilaen as General Manager Of Allied Waste Systems, Inc. DBA Republic Services, a Delaware corporation. ti lic My Commission Expires: ZNotary Dec.9,2023 ALUVALLIV4 NotAry Public- County commission#575969 •r►rx" MY Comm.Expires Doc 9,223 STATE OF ARIZONA ss. COUNTY OF P'INAL The foregoing was subscribed and sworn before me this day Of , 20_,by Walter"Chip"Wilson,as Mayer of the City of Apache Junction,Arizona, an Arizona municipal corporation. Notary Public My Commission Expires. Exhibit A hi It A Current List of Containers and Locations Project No. PW# 22-18 PRICE INCLUDES DELIVERY AND APPLICABLE TAXES City Site Address # Size Pick Ups Days Weekly Department Containers Cost Public Works 575 E 2 6 2 Mon/Thurs 84. 0 Baseline Ave Mixed 1 3 2 Mon/Thurs VIM Reg cling Library 1177 N Idaho 1 6 3 Mon/Wed/Fri Salo Dr Police 1001 N Idaho Mon/Thurs $56,00 Department Rd Paws and 725 E 1 with a 6 1 Tuesday Claws Baseline Ave locking $21.00 mechanism City Hall 300 E 1 6 2 Mon/Thurs $42M Complex Superstition Blvd Prospector 3015 N Idaho 1 8 1 Tues May-Oct Park Rd $28.00 015 N Idaho 1 _ 8 2 Tues/Fri Nov- ril $56.00 Mixed Use 1__ 8 1 Tuesday 0.5 Recycling Multi 1035 N Idaho 1 6 2 Tues/Thurs Generational Rd $42.00 Buildin Mixed Use 1 6 1 Tuesday 21 M Recycling AJ Water 66C1 W 16th 1 3 1 Tuesday $10: o District Ave * AJ Water 4656 a 3 1 Tuesday ist ict-- Plant Ironwood Dr $10-50 New Addition • All trash dupsters will need to be same color citywide. • Recycling dumpsters can"be blue and/or delineated with recycling insignia. Tax Rate: Included in Rate , Yearly Total: ,564.04 Yearly Total in words Twenty Three Thousand,Five Hundred Sixty Four and Four cent 1 Exhibit B Exhibit COST PROPOSAL PROJECT NO. PW# 22-18 FIRM'. Republic Services,Inc CONTACT PERSON: Zack Goetz ADDRESS: 3046 Maple St TELEPHONE: 4 0-4 014 DATE: /9/2022 EMAIL: zgoetz@republieservioes.com ROLLOFFS: 20`r'ARD $ 100 Delivery $ 200 Haul Away 30 Cost Per To 40 Yard $ OO Delivery $ 225 Haul Away $ 30 Cast Per Ton Cost for Replacement Containers: $225 $225 225 Yard_.� 6 Ward 8 Yard Describe any unit pricing deviations in Exceptions, Additions, Corrections (Exhibit D) FRIC.E JNCLUDESDELIVERY AND APPLICABLE TAXES "I'VIe"',-1 Signature Date tit912020 Adena Gilden T itle General Manager Printed game 4 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 16. File ID: 22-566 Sponsor: Nicholas Leftwich Agenda Date:9/6/2022 Index: In Control: City Council Meeting Presentation and discussion of case P-22-29-PZ, a proposed rezoning of parcels 101-13-1080 and 101-11-0210 located at the southeast corner of Rennick Drive and Virginia Street from RS-GR("General Rural Low Density Single-Family Detached Residential")to RM-2 ("High Density Multiple-Family Residential")for the development of the proposed 124-unit multi-family residential apartment community tentatively known as"The Enclave on Rennick,"and the south 76' of Parcel 101-13-1080 to B-2 "Old West Commercial." City of Apache Junction,Arizona Page 1 Printed on 8/31/2022 City ofApache Junction Development Services Department Date: September 6, 2022 City Council Work Session To: Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Rudy Esquivias, Development Services Director From: Nicholas Leftwich, Associate Planner Subject: September 6, 2022, City Council Work Session Items : P-22-29-PZ Discussion & Presentation of "The Enclave on Rennick" and the associated rezoning. Summary P-22-29-PZ is a proposed rezoning of parcels 101-13-1080 and 101-11-0210, approximately 7 . 24 acres currently zoned RS-GR "General Rural Low Density Single-Family Detached Residential, " that has been requested by EcoVista Development, LLC . The southern . 54 acres of parcel 101-13-1080 will be rezoned to B-2 "Old West Commercial" to allow the existing commercial storage yard use by Arnold Auto Center on that portion of the parcel to be split off and combined with the B-2 commercial parcel 101-13-109C located immediately to the south of the subject site . The remaining 6 . 7 acres will be rezoned to RM-2 "High Density Multiple-Family Residential" to allow the development of the proposed 124-unit multi-family residential community tentatively known as "The Enclave on Rennick. " P&Z Commission Hearing and Recommendation The Planning and Zoning Commission held a public hearing for P-22-29-PZ on August 9, 2022, at which time they voted 5-1 to recommend approval of P-22-29-PZ . Please see the attached staff report and exhibits presented to the Planning and Zoning Commission. During the meeting the Planning and Zoning Commission discussed the neighborhood traffic, street improvements, density, parking provisions, affordability, water drainage, and the development' s impact on the local neighborhood. Several neighbors attended and voiced concerns, primarily regarding the traffic, the density, and the capacity of the streets to support this development . A petition of opposition containing nearby residents' signatures was provided to planning staff at this time and has been included in this report. Attached: - Staff report and attachments presented to P&Z on 8-9-22 - Neighborhood Petition presented to staff at the P&Z Public Hearing on 8-9-22 Planning& Zoning;--Building& aSn/ety___Revenue Development 300 F. Superstition Boulevard * Apache Junction,AZ 85119 - Ph: (480)474-5083 e Fax(480)982-7010 Me...... m h 14 Jrw A ,. ...w. t�_,ppp . kvvil Dr w , �° M 1, - ' .................. .............. ....... .. v ., ._ } ,92M <7Z, n �n ............. a , 73 t N inn �c� fir._ ............... ................ ........................ .......... -to _mike ��-0rd .7ta3 H'ga �9��� _ __ .... .`� ..........�,6'a� ._ ��1atc��4Le c31cWL`t fc�t.S �z- �'r512O C�12 21-Io 20�8___ lot— -- n 00 ):(z r /C) .. w Ad 4 7 . ...... ...... v �m .. . . .. ;r J i 3t ..� v 16 Ff ". ry . .. . �a .� m t 4` City ofApache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: August 9, 2022 CASE NUMBERS: P-22-29-PZ "The Enclave on Rennick" OWNERS: Zachary Pebler of Pebler Equities, LLC APPLICANT: EcoVista Development, LLC represented by Elyse DiMartino of Berry Riddell, LLC REQUEST: Proposed rezoning of approximately 7 . 24 net acres located at the southeast corner of Rennick Drive and Virginia Street (the "Site") from RS-GR (General Rural Low Density Single-Family Detached Residential) to RM-2 (High Density Multiple-Family Residential) and B-2 (Old West Commercial) LOCATION: The properties are generally located at the Southeast corner of North Rennick Drive and West Virginia Street. GENERAL PLAN/ ZONING DESIGNATION: Downtown Mixed Use; currently zoned RS-GR. SURROUNDING USES: North: RM-2 ("High Density Multiple-Family Residential") & RS-20M (Medium Density Single-Family Detached Residential) residential properties; South: B-2 "Old West Commercial" Arnold' s Auto Center commercial property; East: RVP ("Recreational Vehicle Park") Lost Dutchman RV Resort & MHP ("Manufactured Home Park") Apache Junction Mobile Home Park; West: RS-20M Single-Family Residences . "The Enclave on Rennick"Case P-22-29-PZ August 9,2022 Planning and Zoning Commission Staff Report 1 BACKGROUND Parcel 101-13-1080 is a parcel that has historically been undeveloped and vacant with the exception of a small commercial storage yard located on a 76' -wide section along the south edge of the property that supports the neighboring Arnold Auto Center, who were the previous owners of this property. As a residentially zoned property, this storage yard has been a non- conforming use, however it has been noted to predate the city' s zoning ordinances and been in usage since at least before 1985 . Parcel 101-11-0210 is a vacant long, narrow parcel that was previously dedicated right-of-way for the San Marcos Drive alignment, however at a later date it was vacated and returned to private ownership in 1985 . The applicant, EcoVista Development, LLC, has formally expressed interest in developing the vacant, undeveloped portions of the subject site into a 124-unit multi-family residential apartment complex. The applicant has proposed that the existing storage yard would remain, be split off, and then combined with parcel 101-13-109C, known as the Arnold Auto Center property. PROPOSALS P-22-29-PZ is a proposed rezoning of parcels 101-13-1080 and 101-11-0210, approximately 7 . 24 acres currently zoned RS-GR "General Rural Low Density Single-Family Detached Residential, " that has been requested by EcoVista Development, LLC, represented by Elyse DiMartino of Berry Riddell, LLC . The southern . 54 acres of parcel 101-13-1080 will be rezoned to B-2 "Old West Commercial" to allow the existing commercial storage yard use by Arnold Auto Center on that portion of the parcel to be split off and combined with the B-2 commercial parcel 101-13-109C located immediately to the south of the subject site . The remaining 6 . 7 acres will be rezoned to RM-2 "High Density Multiple-Family Residential" to allow the development of the proposed 124-unit multi-family residential community tentatively known as "The Enclave on Rennick. " No deviations to the Apache Junction Zoning Ordinance are requested at this time . "The Enclave on Rennick"Case P-22-29-PZ August 9,2022 Planning and Zoning Commission Staff Report PLANNING STAFF ANALYSIS Relationship to General Plan: The subject site is designated by the city' s General Plan as part of the "Downtown Redevelopment Area", and is categorized for "Downtown Mixed Use, " which supports residential densities between 10 dwelling units per acre to 40 dwelling units per acre . The proposed density of 18 units per gross acre complies with this General Plan designation and does not require a General Plan Amendment. t� �7t� rt4sar y�tt�� s f➢Y j 5t t Zoning/Site Context: The subject site is located between several different zoning districts and is uniquely situated as a large undeveloped parcel bordering both commercial and residential properties . To the south of the property is the B-2 "Old West Commercial" zone that acts as a commercial corridor along Apache Trail . To the east of the subject site are a Manufactured Home Park with a density of 10 . 9 units per acre and an RV Park with a density of 17 . 9 units per acre . To the west of the subject site is an RS-20M residential neighborhood with a density of 2 . 18 units per acre. To the north of the subject site are both RS-20M residential properties, and RM-2 multi-family residential properties, which currently have the maximum allowable density od 22 units per acre, but which are currently developed with four-plex residences . (See Exhibit #3 - Neighborhood Zoning Aerial) "The Enclave on Rennick"Case P-22-29-PZ August 9,2022 Planning and Zoning Commission Staff Report 3 Infrastructure Improvements: One (1) full access driveway entrance is proposed to access N. Rennick Drive, with an egress only exit gate located at the northeast corner of the property to allow direct access onto W. Virginia Street and N. San Marcos Drive . The currently existing twenty-five foot (25' ) utility easement located on the north side of parcel 101-13-1080 will be dedicated as part of W. Virginia Street, and both the adjacent street sections along W. Virginia Street and N. Rennick Drive will be improved according to the Public Works Street Standards, namely with curb, gutter, and sidewalks . All other necessary on-site and off-site improvements, such as community amenities, water retention, accessible routes, and landscape buffers, will be built at the time of development. Neighborhood Notification & Public Input: In March of 2022, the applicant conducted community outreach efforts to contact neighbors and inform the community of the development proposal . On four (4) different occasions the applicant physically visited the neighborhood and knocked on doors to speak with neighbors in person and left contact information at the homes in the vicinity. At this time staff received two (2) e-mails and several phone calls from neighborhood residents who expressed concerns regarding traffic, the increase in the neighborhood' s density, and the height of the buildings . The e-mails received have been included as part of Exhibit 6 - Final Public Participation Report . Neighborhood meeting notification letters were sent by the applicant on April 20, 2022 to all property owners within a 300- foot radius of the subject site . The neighborhood meeting was held on May 5, 2022 in the Apache Junction Multi-Generational Center with seventeen (17) neighborhood attendees . Concerns were raised regarding the increase in traffic, concerns about the height of the new buildings and the density of the project near their low-density homes, and questions about drainage on site and the improvement of the streets . In response, the applicant revised their site plan to move the community entrance further south, away from the existing "The Enclave on Rennick"Case P-22-29-PZ August 9,2022 Planning and Zoning Commission Staff Report 4 residential homes, and reorganized the positioning of the proposed buildings to implement view corridors . On July 22, 2022, the applicant posted a physical notification sign regarding the Planning and Zoning and City Council Public Hearings on the subject site . A newspaper advertisement for the public hearings was published in the paper of record on July 23, 2022 . Planning Staff sent notification letters out to all property owners within 300' of the subject property detailing the same information, per the information provided through the Pinal County Assessor' s property information. PLANNING DIVISION RECOMMENDATION In review of the project proposal, the proposal' s quality, the conditions of the subject site, the General Plan land use designation and the need for downtown housing, staff is supportive of the proposed rezoning and respectfully recommends to the Commission a favorable recommendation to the City Council, subject to the conditions of approval noted below. As always, Commissioners may recommend changes or additional conditions which they feel will improve the development plan. RECOMMENDED MOTION FOR REZONING I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the approval of rezoning case P-22- 29-PZ, a request by EcoVista Development, LLC represented by Elyse DiMartino of Berry Riddell, LLC to rezone parcels 101-13- 1080 and 101-11-0210, generally located at the Southeast corner of North Rennick Drive and West Virginia Street, from RS-GR ("General Rural Low Density Single-Family Detached Residential") to RM-2 ("High Density Multiple-Family Residential") for the development of the proposed 124-unit multi-family residential apartment community tentatively known as "The Enclave on Rennick, " and the south 76' of Parcel 101-13-1080 to B-2 "Old West Commercial, " subject to the following conditions of approval : 1) The project shall be developed in accordance with the plans approved and associated with case P-22-29-PZ and all provisions of the Zoning Ordinance and city codes applicable to this case . 2) Landscape, screening and irrigation improvements, planted within a minimum 10-foot deep strip inside the net property line along the west and north perimeters of the property along the street frontages, shall be "The Enclave on Rennick"Case P-22-29-PZ August 9,2022 Planning and Zoning Commission Staff Report provided in compliance with the city' s landscape and screening requirements contained in Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 1-8, Landscape Regulations . All required trees shall be 24" box and all required shrubs shall be 5-gallon in size . 3) Street improvements including the installation of pavement, commercial driveway entrances and the provision of sidewalk, curb, gutter, scuppers as applicable, streetlights, undergrounding utilities as applicable, fire hydrants, landscaping shall be required as part of this project, and subject to review and approval by the City Engineer. 4) The proposed development will not be age-restricted. 5) All common areas and amenity areas within the proposed development and within the right-of-way immediately adjacent to the development, including perimeter walls and fences, and interior and exterior common area landscaping, shall be maintained in good condition at all times by the property owner. 6) 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 lots . Inclusively, all applicable development fees, including public art fees, shall be paid at the time of permit issuance . Development fees shall be paid on a per unit basis . 7) The following right-of-way dedications shall be made: a) 25 feet of right-of-way shall be dedicated on the south side of W. Virginia Street. b) A 20 foot by 20 foot triangular corner cut-off visibility triangle shall be dedicated as public right-of-way at the intersections of W. Virginia Street and N. Rennick Drive . 8) Parcels 101-13-1080 and 101-11-0210 shall be combined through the city' s lot combination process . 9) The south 761 of Parcel No. 101-13-1080, which shall be rezoned to B-2 "Old West Commercial, " shall be split off through a minor land division. "The Enclave on Rennick"Case P-22-29-PZ August 9,2022 Planning and Zoning Commission Staff Report 6 n,-Ia 4&,d Prepared by nicholas Leftwich Associate Planner Attachments: Exhibit #1 - Project Narrative Exhibit #2 - Preliminary Site Plan (6/6/22) Exhibit #3 - Neighborhood Zoning Aerial Exhibit #4 - Preliminary Landscape Plan Exhibit #5 - Elevations and Floor Plans Exhibit #6 - Final Public Participation Report Exhibit #7 - Traffic Impact Statement "The Enclave on Rennick"Case P-22-29-PZ August 9,2022 Planning and Zoning Commission Staff Report 7 6750 E. Camelback Rd.,#100 B E RAY RI D D E tt Scottsdale,AZ 85251 LLC Office: 480-385-2727 www.berryriddell.com wr a)ben yriddell.corn Direct: (480) 682-3902 June 7, 2022 Via Electronically to: City of Apache Junction Development Services 300 E. Superstition Blvd. Apache Junction, AZ 85119 Re: Updated Rezoning Application—Eco Vista Development,Inc. SEC Rennick Drive& Virginia Street To Whom It May Concern: On behalf of EcoVista Development, LLC, Berry Riddell LLC is pleased to file this application seeking to rezone approximately 7.24 net acres located at the southeast corner of Rennick Drive and Virginia Street (the "Site") from RS-GR (General Rural Low Density Single- Family Detached Residential) to RM-2 (High Density Multiple-Family Residential) and B-2 (Old West Commercial). The southern .54 acres will be rezoned to B-2 to allow the legal non- conforming automobile uses that exist on that portion of the Site today. The northern 6.7 acres (net) will be rezoning to RM-2 to allow the proposed multi-family development as shown on the conceptual site plan. Please note that a General Plan amendment is not required in order to accomplish the rezoning of the Site. Site Information The Site consists of Parcel Numbers 101131080 and 101110210. The Site is currently undeveloped land, as shown in the graphic below. s } �l ll 4 t BERRY RIDDELL zzc June 7, 2022 Page 2 The Site is currently zoned RS-GR and has a General Plan ("GP") designation of Downtown Mixed-Use. North of the Site are single-family and duplex-style residences with RS- 20M (Medium Density Single-Family Detached Residential) RM-2 zoning and a GP designation of High-Density Residential (40 du/ac). The Apache Homes subdivision lies west of the Site and has RS-20M zoning and a GP designation of Medium Density Residential (10 du/ac). East of the Site is the Lost Dutchman RV Resort, which is zoned RVP (Recreational Vehicle Park) and MHP (Manufactured Home Park) and has a GP designation of Downtown Mixed Use. South of the Site are a mix of auto-related commercial uses with B-2 zoning and a GP Designation of Downtown Mixed Use. t� F3 r ; b c a m t # a . t +d Ez'sysr {pS ' 2 pp Proposed Development This proposal is to rezone the Site to RM-2 and B-2 to allow the existing legal non- conforming automobile uses and the proposed multi-family development. The proposed multi- family development consists of 124 residential apartment style units at a density of 18 du/ac based on the gross Site area. Seventeen buildings are proposed with a mix of one bedroom,two bedroom and three-bedroom units, each of which will have ground floor entry and a 1 car or 2 car garage. The buildings will be no greater than two stories and have a maximum height of 30 feet(35 feet is allowed under the current zoning). The buildings surround a centralized amenity space, which includes an office, clubhouse, fitness area, covered playground, pool and spa, cabanas, and barbecue areas. (See conceptual site plan below) BERRY RIDDELL LLC June 7, 2022 Page 3 M. zp . mom a,z 14 _ R � a `du, oeseaes x ft-tt SAN Mn#e:OS is#sL`� ENCLAVE 317E PLili 1)f 'E7IC)}?CYSCCtt O N E E N N P C K >, Architectural Character The architectural character reflects the modern growth of the city with clean lines, relaxed soft colors, and simple textures which complement the riparian theme to support a multi-family community that is unique and harmonious with the various land uses and neighborhoods surrounding the community. Units are surrounded by lush desert-appropriate landscaping and feature private balconies and patios. The exterior materials consist of an insulated stucco system in various finishes such as smooth, sanded, and heavy raked textures, wood textured metal soffit panels,metal balcony fascia and roof fascia panels and flashing, and metal guardrails. The exterior walls are modulated in and out, expressing elements within the building such as entrances, patios and balconies, or bedrooms and bathrooms which are alternately recessed or extended. Balconies and various roof overhangs, trim locations, and material changes for specific design elements successfully break down the massing of the building. BERRY RIDDELL LLC June 7, 2022 Page 4 This application narrative is supported by the following documents: • Site plan • Elevations and Floor Plans • Landscape Plan • Signage Plan • Lighting Plan • Legal Description • Deed • Pinal County Assessor's Tax Parcel Map showing the subject property and surrounding parcels within a 300-foot radius of the property boundaries • Mailing Label Certification • Mailing Labels (with Pinal and/or Maricopa County parcel maps) • Public Participation Plan • Application Fees BERRY RIDDELL LLC June 7, 2022 Page 5 Your attention to this matter is greatly appreciated. Please feel free to reach out to me directly with any question. Thank you and we look forward to working with you on this project. Very truly yours, Cassandra Ayres TYPICAL UNIT TYPE DESIGNATIONS PARKING SITE DATA BUILDING MODULE I BUILDING MODULE 2 TOTAL PARKING: 223 SP REQUIRED, 236 SP PROVIDED GROSS SITE AREA : ±300,570 SF (6.90 AC - AFTER LOT SPLIT) STALL SIZE 900 : 9'x 18'/ PARALLEL : 9'x 22' NET SITE AREA : ±291,800 SF (6.70 AC) UNIT 2.2 (±1,145 sf) UNIT 3.3(±1,630 sf) LOADING ZONE 12'05' : 1 REQUIRED, 1 PROVIDED CURRENT ZONING : RS-GR 2 BEDROOM UNIT OVER 3 BEDROOM UNIT OVER PROPOSED ZONING : RM-2 2 CAR GARAGE 2 CAR GARAGE REQUIRED PROVIDED SETBACKS (BSL): 20' FRONT & REAR, 1 O' SIDE INTERIOR & STREET UNIT 1.1 (±760 sf) 1 BEDROOM : 51 X 1.50 77 SP 51 GARAGE BUILDING HEIGHT : 35' ALLOWED IN CURRENT ZONING, 30, PROPOSED UNIT 1.1 (±760 sf) 1 BEDROOM WITH 1 BEDROOM WITH 26 ON-SITE NO. OF STORIES : 2 1 CAR GARAGE 1 CAR GARAGE 2 BEDROOM : 58 X 2.00 116 SP 86 GARAGE DWELLING UNITS (DU) 124 30 ON-SITE DENSITY : 18 DU/AC (GROSS SITE AREA) 3 BEDROOM : 15 X 2.00 30 SP 30 GARAGE LOT COVERAGE : 50% ALLOWED, ±38% PROPOSED 110,511 SF) UNIT 2.1 (±1,145 sf) UNIT 1.2(±850 sf) 223 223 AMENITIES : OFFICE, CLUB, POOL, SPA, OUTDOOR KITCHEN 2 BEDROOM UNIT OVER 1 BEDROOM UNIT OVER VISITOR SPACES : 13 1 CAR GARAGE 1 CAR GARAGE ASSIGNED PARKING SPACES: 1. THE (26) ON-SITE PARKING SPACES REQUIRED FOR THE ONE BEDROOM UNITS WILL BE MARKED ON UNIT MIX EACH STALL AS RESERVED FOR "TENANT PARKING". BUILDING TYPES 1 BED 2BED 3BED TOTAL 2. THE (30) ON-SITE PARKING SPACES FOR THE 2ND PARKING SPACE FOR THE (30) 2.1 BEDROOM 6.1 - (5) 6 UNIT (2) 10 (4) 20 (0) 0 30 UNITS WHICH HAVE A ONE CAR GARAGE, WILL BE ASSIGNED TO EACH OF THOSE UNITS BY A UNIT 6.2 - (4) 6 UNIT (3) 12 (2) 8 (1) 4 24 NUMBER ON THE STALL, AND BE THE CLOSEST PARKING SPACE TO EACH OF THOSE UNITS. 7.A - (1) 7 UNIT (1) 1 (2) 2 (4) 4 7 (3 ADA UNITS) 9 - (7) 9 UNIT (4) 28 (4) 28 (1) 7 43 3. VISITOR PARKING SPACES WILL BE BE DISPERSED THROUGHOUT THE SITE AND MARKED "VISITOR". TOTAL UNITS 51 58 15 124 41% 47% 12% K 8, PC Lu Lu 2.1 J,�1`11§"M 2,1 2A Zf' 2A 2,11 "o, ................ 21 "o 2.A (ADA) .............. 2. MARCOS DRIVE U FENC kj , ��w K-1 Lu ... ........ 4 111"!",L SITE PLAN EcCIIVista T H E E N C L A V E 124 UNITS 6,9 AC GROSS RON DEITRICK ARCHITECTS Development ON RENN I C K DATE: 6/6/22 r o n d e i t r i c k . c o m 602 . 577 . 7171 SEC RENNICK DR & VIRGINIA ST SCALE: 1" = 40' 1 APACHE JUNCTION , ARIZONA 0' 20, 40' 80, TYPICAL UNIT TYPE DESIGNATIONS PARKING SITE DATA BUILDING MODULE I BUILDING MODULE 2 TOTAL PARKING: 223 SP REQUIRED, 236 SP PROVIDED GROSS SITE AREA : ±300,570 SF (6.90 AC - AFTER LOT SPLIT) -- STALL SIZE : 900 : 9'x 18'/ PARALLEL : 9'x 22' NET SITE AREA : ±291,800 SF (6.70 AC) UNIT 2.2 (±1,145 sf) UNIT 3.3(±1,630 sf) LOADING ZONE 12'05' : 1 REQUIRED, 1 PROVIDED CURRENT ZONING : RS-GR 2.2� 2 BEDROOM UNIT OVER 3.3� 1 3 BEDROOM UNIT OVER PROPOSED ZONING : RM-2 2 CAR GARAGE - 2 CAR GARAGE REQUIRED PROVIDED SETBACKS (BSL): 20' FRONT & REAR, 1 O' SIDE INTERIOR & STREET UNIT 1.1 (±760 sf) 1 BEDROOM : 51 X 1.50 77 SP 51 GARAGE BUILDING HEIGHT : 35' ALLOWED IN CURRENT ZONING, 30' PROPOSED UNIT 1.1 (±760 sf) 2 C 1 BEDROOM WITH 2 C 1 BEDROOM WITH 26 ON-SITE NO. OF STORIES : 2 1 CAR GARAGE - - - 1 CAR GARAGE 2 BEDROOM : 58 X 2.00 116 SP 86 GARAGE DWELLING UNITS (DU) 124 1 c 1 c 30 ON-SITE DENSITY : 18 DU/AC (GROSS SITE AREA) 3 BEDROOM : 15 X 2.00 30 SP 30 GARAGE LOT COVERAGE : 50% ALLOWED, ±38% PROPOSED (±110,511 SF) 1 c UNIT 2.1 (±1,145 sf) 1 c UNIT 1.2(±850 sf) 223 223 AMENITIES : OFFICE, CLUB, POOL, SPA, OUTDOOR KITCHEN 2 BEDROOM UNIT OVER 1 ,2 1 BEDROOM UNIT OVER VISITOR SPACES : 13 1 CAR GARAGE 1 CAR GARAGE ASSIGNED PARKING SPACES: 1. THE (26) ON-SITE PARKING SPACES REQUIRED FOR THE ONE BEDROOM UNITS WILL BE MARKED ON UNIT MIX EACH STALL AS RESERVED FOR "TENANT PARKING". BUILDING TYPES 1 BED 2BED 3BED TOTAL 2. THE (30) ON-SITE PARKING SPACES FOR THE 2ND PARKING SPACE FOR THE (30) 2.1 BEDROOM 6.1 - (5) 6 UNIT (2) 10 (4) 20 (0) 0 30 UNITS WHICH HAVE A ONE CAR GARAGE, WILL BE ASSIGNED TO EACH OF THOSE UNITS BY A UNIT 6.2 - (4) 6 UNIT (3) 12 (2) 8 (1) 4 24 NUMBER ON THE STALL, AND BE THE CLOSEST PARKING SPACE TO EACH OF THOSE UNITS. 7.A - (1) 7 UNIT (1) 1 (2) 2 (4) 4 7 (3 ADA UNITS) 9 - (7) 9 UNIT (4) 28 (4) 28 (1) 7 43 3. VISITOR PARKING SPACES WILL BE BE DISPERSED THROUGHOUT THE SITE AND MARKED "VISITOR". TOTAL UNITS 51 58 15 124 41% 47% 12% 0 0 V) M < M A PA ChIE H 01WES 13K 8, P C 5 0 ZONE : B-2/PD ZONE : RS-20M ZONE : RS-20M M M/ MONUMENT SIGN 4' FIRE ACCESSI & HIGH W.I. I 4' FIRE ACCESS 4' FIRE ACCESS 4- FIRE ACCESS' 6',HIG-Ht.l. GATE GATE VIEW FENCE GATE RENNICKDRIVE GATE GATE VIEW FENCE n N I MONUMENT SIGN jIN, wx 7 (,,Ixx, (XID gy lg t-i 4_4 w) X 7711M�)N� 07 4 C15z`Q F'111 WA, (4/1) uu� 177-7 7 7w V Z' p 02 4- q '7 ttci� _lr r Lu Bit A IT 5) 5 A 14;4 A 1#4 C!LA AO Lu 171, 2.2 2.2 2.2 1 c 2.2 j 2.1 1711 Np 2 n 8l-011 241-011 1 c 28-4- 2 C 241-011 0, ic 2C 1c , 2C 01 LLJ w Lu w 1 c 1 c i c < < < 'ILI < J _j _j Lu c Lu 4 Lu c i c Lu/ 1 c 1 c 2.2 U- co 2.1 A 2.2 2 C LL_ co 21 2.1 LL_ 2 C 14 1 c cc: 2.2 2.1 1 22 U- 1 c 2.1 2 C 2 C 4T < - /" , �_,/ ILI BSL INL C-) I I'D < < < /20141 G 3.3 2.1 3.3 3.3 I - BLDG I = ` BLDG 3.3 0, 2,,1-0�� 1 c BLDG BLDG 21 1 C b co 1 c CD 1 c C) CD CD C? ZONE : RS-20M oo, 761-011 ?13 iP GATE ___/-------- \1c, S� 1 c 1.1 2 C 1.1 2c 8 1.1 C C-Q 2 C12 CNI < 111111111 - 111111111 111111111 2c 3 1 C > 6 ov I SEPARATE PARCEL < 11ftT < > > uj Lu uj BLDG I BLDG 1c > > > > > AFTER LOT SPLIT 0" Q, LOG 1 c D BLDG 1 c 1 c 1 c 06, cc TO ZONING B-2 cc 1 c 1 c r* cc: 1 c 1 c 1 c 4' FIRE ACCESS 2 C.,!�� .2 C. 2.2 c 1.2 V 2.2 4 2 C., '0 2 1.2 14 2 A -41 x GATE # , J A 140 A <5 10, 4k A0 A W-f 4 ALA�)O. 2.2 4'7 L 10,0�O At A j - 1, -� J_ BSL F FIR TRUCK TURN- FIRE LANE 4'E f"RU, TUPW- REFUSE RADIUS "","'E' NCLOSU E RADIUS - TYPr/ 1 c CNJ T Y P, -2 44:" A Ah A DD ZONE B z- ENCLOSURE C\J X E CLOSURE REFUSE 1 c 'D FIRE LANE 2.1 10 coo 2.2 n BLDG c.n i _-) 4 'r J,� 49 AX4 44 '0 0 9 V� r-,� rz�j A0(Vjv t_yl k"j/ C��t7l q -C)(j7r s r2)(1)0 0 CIO 0 0 c* PA' c Lu Lu A Aff Is A BLDG d% 4 J,A.4 0 A''0 JOO,� 4) 'M AA& A AA A I A - I - --- 40, 11 3.4 < 2.2 < 2.2 BLDGI 1 2.1 --1 1 BLDG 1 1 1c BLDG & HIGH CMU 1 c .7 0 Ljj Lu im 0 II U MAIL k, J 6' HIGH W.I. 0 <11 "I ---------- FENCE ID 2 C 7 u_ -N 1 c 2.1 1 c 2 C 9 1-1 1 c < 2 C13 2 C17 IDHU t 1 c 3.A C) BLDG z", BLDG -4' ic j I rX 21 c I VIEW FENCE (,I us Lu 1 1 c It oA, "b"; ol, 0 (7) 10 c i -2 2 C i c 1 c '0,C-5 "I,D 1.1 ED! 111"i I ZONE : RM 1<� _j I (ADA) 5 2.1 2Cz 1 c '1 1 c Lu 2.2 Lu 2C 2.2 Lu 2.1 rr 00 rr i3: - 'I 2C � (7� - / 1111 "-I- - U-1 J D 12 1.2 2 C BED G- 1 c 1 c > 5, j F7 c 1 1 c 0 7, 2 2.2 16 Lu 1 c 21-1 "�, , I 611 1 1.17 <Zi 1 c 152C �p ic 1.2 4' FIRE ACCESS ------------- FI I NESIS 1, 1 2.3 1 1 c 1 c 2.1 1 c 10 (D (_ lc\ 22 ------------F ---------- 1 c 40(��, GATE -Oil 77 IT& 1 c _7 1 c ic 24 1 0 2C 1.2 t 2C 2 3.3 1 c 1.A YY to (ADA) k POOL 2C B 2.2 21 2�i i 1 c 1 c 1 c $ c 2 41-011 k-0 281-0 1 2.4 1.1 28-0 R I er 1 c �,y 2�C Q -------------- t__ 7W, 2.1 1 c :_,I 4 I u fill 1 c Ji� A P OIR A I VA D, "M rsiiia I ,- 2.A J 2.2 2 C 1 c 2.1 1 c 7 2.1 +V 7a 2.2 Air, - t;"Z - 0 0,04 AL�* 4- __1dL v -1-7 4 [S (ADA) _PA 2.1 16",w S DRIVE .74'�e SAN -MARCO U- - 777-T, 1,9 7 FIRE LANE FIRE TRUCK TURN EXIT GATE U.G. STORM DRAIN lilt "'i I b ____1011 I - - / 1 ......... Ill* ko" �tfifxt �s T #,t flaz*,� 7 ,,Rxzx, *xzx e I Yp.,lrz "o., 1� PIPE HEADWALL fNj _46-cxzxN 6_1'1�'r -'7 Z 'i pc%zo-i lgxaDos .40-c cm if-)cx�x ne'ra w k x I av�c C-) c-) % �r:)SP- A . _-) _ , A (-)E-5 r-) C)j 5�(;) tkc) C-) c; cr)L-1 C4L 1.t�- -`1-(-*-nv- r.):� A r-P cz) r-) C45 a r) 6) n- 0 4 ,0% *efl.0% 7',I.a� , 1"'o � 177, 77 ,77, f-', RK110 0 law 1 00 it OHIO- Its & HIGH CMU U.G. STORM DRAIN EXIST. CMU FENCE FENCE PIPE HEADWALL C) C) C) C) C) C) C) C) C) cm � = cm I = I = I cm I cm � ry- cc ZONE : MHP cr- rr I cc ZONE : Mnr cc cc rr I rr � rr rr rr I rr rr rr rr rr rr c) c) c) I c) I c) c) c) c) I c) C-) C-3 C-3 C) C-3 C-3 C-3 C-) C-) 3: 3: 3: 1 3: 1 3: 3: 1 3: 1 3: 1 3: Lu uj Lu Lu uj uj Lu Lu 41 Y/ \y/ \y/ \y/ \y/ SITE PLAN EcoVista T H E E N C L A V E 124 UNITS 6,9 AC GROSS 0a 2.1 r 2 C RON DEITRICK ARCHITECTS Development ON RENNICK DATE 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST SCALE: 1" = 40' APACHE JUNCTION , ARIZONA 0' 20' 40' 80' ........... ...... ... ..... .... ....... ........... ... ...... ... ............ .1-1-1��....... .... ...... ........... .......... M ...... .......... AM gil; LEGEND City of Apache Junctio r P, Street Names PINALCOUNTY B-3 RS-10/PD RS-54/PD RS-GR State Land Sold El N L—J 1 �B-4 jPI RS-GR/PD Municipal Boundary Zoning Districts PID RS-10M RS-54M A L 13 Apache Junction B-1 F7M 1 1 B-4/PD RM-1 RS-20 RS-54M/PD RVP Final County B-1,RS-20M 1 1 - �RVP/PD RM-1PD L-j IRS 20/PD RS-7 LPN' County Boundary B-1/PD B -5/PD RM-2 i RS-20M VY�fl, RS-7/PD MPC Parcels B-2 August 1, 2022 IRS CITY OF APACHE JUNCTION MHP RM-2/PD -5/PD RS-7M State Land Annexation 0.4 "P (3 0 0.045 0.09 7 IRS B-2/PD MHP/PD F -10 1.......... RS-54 RS-7M/PD SR24 Right-of-way Content maintained Ly theApache Junction GIS Division PLANTING MATERIAL LEGEND DEVELOPER CONTACT TREES SIZE NOTES QTY SHRUBS / ACCENTS QTY Parkinsonia x 'Desert Museum' 24" Box 0 Aloe x 'Blue Elf 5 Gallon 0 SETH JARDINE, CPA, PRESIDENT ECOVISTA DEVELOPMENT LLC Desert Museum Palo Brea *ADWR Blue Elf Aloe can full *ADWR 4400 N SCOTTSDALE ROAD, STE 9500 t Caliper Size: 1.5" Calliandra x 'Sierra Star' 5 Gallon 0 SCOTTSDALE, ARIZONA 85251 (480) 215-6088 Acacia aneura 36" Box 0 4 Sierra Star Red Fairy Duster can full *ADWR 0 SETH@ECOVISTAHOMES.COM D 0 Mulga *ADWR I-L Caliper Size: 2.0" F� Bougainvillea gl. v. 'La Jolla' 5 Gallon 0 HARRINGTON La Jolla Bougainvillea can full *ADWR PLANNING + DESIGN + Pistacia atlantica x integerrima 24" Box LANDSCAPE ARCHITECT n 0 Muhlenbergia rigida 'Nashville' 5 Gallon 0 'Red Push" Pistache 4711 E. Falcon Dr., Suite 222 0 HxW *ADWR Nashville Muhly Grass can full *ADWR Mesa,Arizona 85215 Caliper Size: HARRINGTON PLANNING + DESIGN (HP+D) Tel:480-250-0116 ,,Acacia salicina 24" Box 0 Eremophila maculata 'Valentine' 5 Gallon 0 1921 S. ALMA SCHOOL RD. SUITE 204 www.HarringtonPlanningDesi'gn.com MESA, AZ 85210 Valentine Bush can full *ADWR 2 'Willow Leaf Acacia HxW *ADWR 0� JASON HARRINGTON, RLA, ASLA, ASIC, APWA Caliper Size: Hamelia patens 5 Gallon 0 (480) 250-0116 0 Scarlet Bush Acacia stenophylla 24" Box 0 can full JASON@HARRINGTONPLANNINGDESIGN.COM Shoestring Acacia HxW *ADWR Leucophyllurn 'Compacta' 5 Gallon 0 Caliper Size: co Compact Texas Ranger can full *ADWR Phoenix dactylifera 24" Box 0 0 Justicia californica 5 Gallon 0 44161 -A j rn Date Palm HxW *ADWR Chuparosa can full *ADWR ASON E, E HARRINGTON Caliper Size: cc Hesperaloe parviflora 5 Gallon 0 06 1 2 igned-- GROUNDCOVERS QTY Red Yucca 'Bra kel ig hts' can full *ADWR /'>ONA 13 .0 Lantana montevidensis 5 Gallon 0 '0 2 LANDSCAPE MATERIALS 0- 4&0 Trailing Lantana 'gold' can full *ADWR Decomposed Granite. 3/4" screened "Painted Desert", 0 S.f. Convolvulus mauritanicus 5 Gallon 0 2" deep in planting areas per plan. Ground Morning Glory can full *ADWR Myoporum parvifolium 5 Gallon 0 *ADWR = Arizona Department of Water Resources Myoporum can full *ADWR Approved Low-Water Use Plant X X X LO U-1 'F Co �e .5) co > - C < U -> 0 SIG IT VISIBILITY TRIANGLE SIGHT VISIBILITY TRIANGLE N PER APACHE JCT.STD. PER APACHE JCT.STD. Z 06 g v [7) 1 f� L) Z MONUMENT SIGN WATER FEATURE PRIMARY VIEW FENCE,6 FT C V RENNICK DR. ---- SIDEWALK 24"SQ.CMU COLUMNS PRIMARY VIEW FENCE,6 FT MONUMENT SIGN 0 SEE ARCH.PLANS SEE ARCH.PLANS STEEL, 1"PICKETS,PAINTED SEE CIVIL PLANS PAINTED AND DECORATIVE STEEL, 1"PICKETS,PAINTED SEE ARCH.PLANS Z Uj _�e W/24"SQ.CMU COLUMNS BLOCK CAPS W/24"SQ.CMU COLUMNS .0 Uj ()� 11!!14 03100000011661i) C: 6,0000, 0131000,16t�, b6bb:�O,(Dc'*', d 16160 6(DOC)O0,0W, 00( 00 D00000000000660, 6000000 bill W Z '0 '51 0 c) 'S 1 Lij (Z r (j) < U) & 2.1 2.� 1 C J 2.1 2.2 2.1 2.2 Lj 1 C Z. X 1 C 24 0 28 -0 24 -0 28 0 1 1 1 C 2C 1 C 2C 2C 1C �/ /12 C 1 C #00 2C 1.1 1, J i C 1 C 411 PRIMARY VIEW FENCE,6 FT 1 C 1 C 1 C .2 STEEL, 1"PICKETS, PAINTED W/24"SQ.CMU COLUMNS F I co 10, E 7_�_ ' 2.2 2C 1 C 2.1 2.2 1 C 2.1 2.2 2C , 1 C M I co CO 1, 22 2 C 1� i C 2.1 co 2 C 2.1'\ F 2 �20 BLDG BLDG BLDG 3.3, 2.1 3.3/ BS 0 0, �\ - /Q \ L. I C:) 2.1 3.3/ 17i 2.1 j F, 'or ic � C:) BLDG 1 C C:) ic � co ZONE RS-21 VQ AK i I I C=) CU rvll� 1.1 1.1 C\J 0- 1 C 2C 3 [ 1 C 2C 6 2C 8F 1.1', 1 C �C\j 2C12 1.1, 1C, 2C EL 1 C 1 C 7 1 C BLDG 1 C F (n BLDG BLDG BLDG F 07 C 4 1 U P 0 2 C 1C 1C U) .41 2C 2 C _ 1 C 2 C � .2 1.2" 22 14 1.2 GATED ENTRY < 7777� e7A rA 440 :TqWWW(h I i 0,< 2.2/ BLDG SECONDARY WALL,6 FT :,' V U) CMU BLOCK,6 PAINTED BS C:) 2A6 REFUSE ENCLOSURE REFUSE ENCLOSURE 1C > C\j 1 C ------ ----- E _0 REFUSE ENCLOSUR 41 Ni- C\j A ----- ----- 22 REV. COMMENT DATE BLD A- 0 0 �411 , 7 I A_'A 2 C........... BL BLDG 1C L 1 C 1 C BLDG 2.2, BLDG -------------- a) 2 C 7 1 C R17-V i-reurninary 6UbM!t 06.01.22 + 1 U r 2C_ 1 2 C13 1.1 2 C17 - 1 2.1 F CL B", OPS BLDG 1 C BLDG 1 C 2.1 1 C 1 C 6A I Preliminary Submittal 02.28.22 C .3 3.3, 3.A ---------- Ll __SsU_E--------------------------------------DATE-- :F - (ADA) ZONE : RM- ,1 1 C 2 C ,7 1 C ' 2.2 2.17 t 5 2C 22 11 2137- 2.1 1 2.1 t 2 C 00 2 C 3.3, BLDG 3.3 �71 , 1.2 3.3, LANDSCAPE PACKAGE Z" 1 C 32, C C (�c I PRIMARY VIEW FENCE,6 FT 4L ------ 152 C STEEL, 1"PICKETS,PAINTED 1.2 F 1 C 2C 3.5 - - ------------------j 1 C 2 W/24"SQ.CMUCOLUIVINS 2 June 1, 2022 1 C 0. 0 FITNESS 2.3, 1 C a) _1�' 101 1 1 /, 1 C 2.2, 1.1 1C DRAWN BY: TKW ----------------- ------------------------------------ 24 -Oil CU 10 �F 1 C 1 C -F 1 C 1 C CHECK BY: JEH ------------------------------------------- 3.3 2C 1.A 1.2 F3.3 2C 12 1.2 2 C 1 C PROJ. NO.: 2022-014 0 CrIF, 2.1 (ADA 2C 2.2, 2.' 1 C 1 C 2.2, L TBD 28 -0 C: 2 - SIGHT VISIBILITY TRIANGLE 28 0 C 4 _011 244, L 100 --------- + r 2.4 ' 2.2 2C n .4 12C PER APACHE JCT.STD. DOG RUN,SYN.LAWN WITH LI 100� 4 0444444_� 1 U 'Xil, 1 C .C: 5 FT FENCE AND 3 FT GATE 1 C 2.A 1 C 1 C 000,000C (ADA) 1 C 1 C 22 2 C 2C 2.1 NORTH 2.2 21 AN\,� DR. 1-0 4444,4414--.14, 4444(k "'T 0 ke 92*.7if SECONDARY WALL,6 FT LIj CMU BLOCK,6",PAINTED Ni- 0 15 30 60 < im 0010 'o,!ll 11%,� I tilt##. %Ik11#.* A% t MAI , LANDSCAPE _0 Z A fl-A r__11 PLAN VF 10*4#11111*8 P_"� olzil POOL FENCE,6 FT STEEL, 1"PICKETS, PAINTED PROTECT IN PLACE PROTECT IN PLACE ARIZONA BLUESTAKE LANDSCAPE AREA LANDSCAPE AREA CENTER W/24"SQ.CMU COLUMNS CALL TWO WORKING DAYS L 1 0 1 BEFORE YOU DIG 1 .800.782.5348 1 of 2 PLANTING MATERIAL LEGEND DEVELOPER CONTACT TREES SIZE NOTES QTY SHRUBS / ACCENTS QTY Parkinsonia x 'Desert Museum' 24" Box 0 Aloe x 'Blue Elf 5 Gallon 0 SETH JARDINE, CPA, PRESIDENT ECOVISTA DEVELOPMENT LLC Desert Museum Palo Brea *ADWR Blue Elf Aloe can full *ADWR 4400 N SCOTTSDALE ROAD, STE 9500 t Caliper Size: 1.5" Calliandral x 'Sierra Star' 5 Gallon 0 SCOTTSDALE, ARIZONA 85251 (480) 215-6088 Acacia aneura 36" Box 0 4 Sierra Star Red Fairy Duster can full *ADWR 0 SETH@ECOVISTAHOMES.COM D 0 Mulga *ADWR I-L Caliper Size: 2.0" F� Bougainvillea gl. v. 'La Jolla' 5 Gallon 0 HARRINGTON La Jolla Bougainvillea can full *ADWR PLANNING + DESIGN + Pistacia atlantica x integerrima 24" Box LANDSCAPE ARCHITECT n 0 Muhlenbergia rigida 'Nashville' 5 Gallon 0 'Red Push" Pistache 4711 E. Falcon Dr., Suite 222 HxW *ADWR Nashville Muhly Grass can full *ADWR Mesa,Arizona 85215 Caliper Size: HARRINGTON PLANNING + DESIGN (HP+D) Tel:480-250-0116 ,,Acacia salicina 24" Box 0 Eremophila maculata 'Valentine' 5 Gallon 0 1921 S. ALMA SCHOOL RD. SUITE 204 www.HarringtonPlanningDesi'gn.com MESA, AZ 85210 Valentine Bush can full *ADWR 2 'Willow Leaf Acacia HxW *ADWR 0� JASON HARRINGTON, RLA, ASLA, ASIC, APWA Caliper Size: Hamelia patens 5 Gallon 0 (480) 250-0116 0 Scarlet Bush Acacia stenophylla 24" Box 0 can full JASON@HARRINGTONPLANNINGDESIGN.COM Shoestring Acacia HxW *ADWR Leucophyllurn 'Compacta' 5 Gallon 0 Caliper Size: co Compact Texas Ranger can full *ADWR Phoenix dactylifera 24" Box 0 0 Justicia californica 5 Gallon 0 44161 -A j rn Date Palm HxW *ADWR Chuparosa can full *ADWR ASON E, E HARRINGTON Caliper Size: cc Hesperaloe parviflora 5 Gallon 0 06 1 2 igned—— GROUNDCOVERS QTY Red Yucca 'Bra kel ig hts' can full *ADWR /'>ONA 13 .0 Lantana montevidensis 5 Gallon 0 '0 2 LANDSCAPE MATERIALS 0- 4&0 Trailing Lantana 'gold' can full *ADWR Decomposed Granite. 3/4" screened "Painted Desert", 0 S.f. Convolvulus mauritanicus 5 Gallon 0 2" deep in planting areas per plan. Ground Morning Glory can full *ADWR Myoporum parvifolium 5 Gallon 0 *ADWR = Arizona Department of Water Resources Myoporum can full *ADWR Approved Low-Water Use Plant X X X Co co FRII I ............... V > 0 N V _j Z 06 122 C) Z 0 1 C 0 0 0 W F C: Uj U) 'M nm IX/ ......................... ....... -- -------------------------------------------------------------- ------------------------ W Z bond IV '0 n'' N A _�,I\/I- - /I 1 0 13 - 1 3 . 5 V X FITNESS 2 - 3 / 1 C CU .0 CL CU 3 . 3 ------------------------ ---- V 2 C CU 1 .A 0- V ---------------------- Y 1 C U) M W* 4m* *Mor, 'V 'V ............... (ADA) " 2 . 1 1 C POOL (n G V 2Q1jM011 1 C ............... D- A loft 2 . 4 0 V V —----- ----- DOG RUN , SYN . LAWN WITH ----------------------- ----— REV. COMMENT DATE co 5 FT FENCE AND 3 FT GATE ---------------------- _r_ - 1 1+ 4- v U) _0 . . . . . . . . 2 .A C I I ov .2) ------------- U) ----------------------- + REV Preliminary Submit 06.01.22 (ADA) Preliminary Submittal 02.28.22 --------------------------------------------------- ISSUE DATE C / 2 . 2 2 C V - --------------------------------------------------------------- _T __F___ LANDSCAPE PACKAGE co 4 j 4 4 4 2 June 1, 2022 -------- --------------------- Owl #10 V V 1/ 4 1, 4004ir 4011111111w, 400*1 7S to DRAWN BY: TKW -0 Jt ---—-------—---- ——---------------------------------- 7w, 1 CHECK BY: JEH J I �J —-----------——----------------------------- PROJ. NO.: 2022-014 SECONDARY WALL, 6 FT CASE NO.: TBD PIP 10 . . . . . .. C . . . . . . . . . . . . . . . . . . . . . . . . . E #VWI 40W*1 : - - 1 t 41 . . . . .'' . . '. vl� . 1. � . . 11 . � 11 '. . , 1 CMU BLOCK, 611, PAINTED 2 IWN-/11 1 1 U) C t . . . .. . .. . . . . . . . .. . . . . NORTH co 4wf .......\",'&,7 4f� 1qW 4%� #WWI Uj 0 10 20 40 _�A Y 0 00 0* ON 0 , LANDSCAPE ENLARGMENTS 4W+ 4jr moll P_"� NA �0**** toll, I I ARIZONA BLUESTAKE 011, CENTER CALL TWO WORKING DAYS Ll 02 BEFORE YOU DIG 1 .800.782.5348 2 of 2 ,K_j Z"P4 N N N ,�0,� ?N P4� 00 f t t t t t t t f t t t t t t t t t Primary View/Pool Fence Verhicle Entry Gate Pool/Pedestrian Gate Dog Run 5' Fence Dog Run 3' Gate 6' Steel, 1" Picket U—BLADE le,t PREMIUM BACKING _A_Aj..1,LjTy Secondary Wall - 6' CMU 24" SQ CMU Pet Turf - Global Anova Alturi 36" Built-in 64" Contemporary Anova Metrix 40 Gal block painted Column SYN-Turf Natural Gas/Propane Grill Bike Rack Trash Bin,Side door Color: Texture Gray Color:Textured Gray ENTRY WATER FEATURE Burke Play Structure- model NU-2982 M12 E;Iffl WNW-k 11we-0*1, PLANTING MATERIAL LEGEND DEVELOPER CONTACT TREES SIZE NOTES QTY SHRUBS / ACCENTS QTY Parkinsonia x 'Desert Museum' 24" Box 0 Aloe x 'Blue Elf 5 Gallon 0 SETH JARDINE, CPA, PRESIDENT ECOVISTA DEVELOPMENT LLC Desert Museum Palo Brea *ADWR Blue Elf Aloe can full *ADWR 4400 N SCOTTSDALE ROAD, STE 9500 t Caliper Size: 1.5" Calliandral x 'Sierra Star' 5 Gallon 0 SCOTTSDALE, ARIZONA 85251 (480) 215-6088 Acacia aneura 36" Box 0 4 Sierra Star Red Fairy Duster can full *ADWR 0 SETH@ECOVISTAHOMES.COM D 0 Mulga *ADWR I-L Caliper Size: 2.0" F� Bougainvillea gl. v. 'La Jolla' 5 Gallon 0 HARRINGTON La Jolla Bougainvillea can full *ADWR PLANNING + DESIGN + Pistacia atlantica x integerrima 24" Box LANDSCAPE ARCHITECT n 0 Muhlenbergia rigida 'Nashville' 5 Gallon 0 'Red Push" Pistache 4711 E. Falcon Dr., Suite 222 HxW *ADWR Nashville Muhly Grass can full *ADWR Mesa,Arizona 85215 Caliper Size: HARRINGTON PLANNING + DESIGN (HP+D) Tel:480-250-0116 ,,Acacia salicina 24" Box 0 Eremophila maculata 'Valentine' 5 Gallon 0 1921 S. ALMA SCHOOL RD. SUITE 204 www.HarringtonPlanningDesi'gn.com MESA, AZ 85210 Valentine Bush can full *ADWR 2 'Willow Leaf Acacia HxW *ADWR 0� JASON HARRINGTON, RLA, ASLA, ASIC, APWA Caliper Size: Hamelia patens 5 Gallon 0 (480) 250-0116 0 Scarlet Bush Acacia stenophylla 24" Box 0 can full JASON@HARRINGTONPLANNINGDESIGN.COM Shoestring Acacia HxW *ADWR Leucophyllurn 'Compacta' 5 Gallon 0 Caliper Size: co Compact Texas Ranger can full *ADWR Phoenix dactylifera 24" Box 0 0 Justicia californica 5 Gallon 0 44161 -A j rn Date Palm HxW *ADWR Chuparosa can full *ADWR ASON E, E HARRINGTON Caliper Size: cc Hesperaloe parviflora 5 Gallon 0 06 1 2 igned—— GROUNDCOVERS QTY Red Yucca 'Bra kel ig hts' can full *ADWR /'>ONA 13 .0 Lantana montevidensis 5 Gallon 0 '0 2 LANDSCAPE MATERIALS 0- 4&0 Trailing Lantana 'gold' can full *ADWR Decomposed Granite. 3/4" screened "Painted Desert", 0 S.f. Convolvulus mauritanicus 5 Gallon 0 2" deep in planting areas per plan. Ground Morning Glory can full *ADWR Myoporum parvifolium 5 Gallon 0 *ADWR = Arizona Department of Water Resources Myoporum can full *ADWR Approved Low-Water Use Plant X X X Co co FRII I ............... V > 0 N V _j Z 06 122 C) Z 0 1 C 0 0 0 W F C: Uj U) 'M nm IX/ ......................... ....... -- -------------------------------------------------------------- ------------------------ W Z bond IV '0 n'' N A _�,I\/I- - /I 1 0 13 - 1 3 . 5 V X FITNESS 2 - 3 / 1 C CU .0 CL CU 3 . 3 ------------------------ ---- V 2 C CU 1 .A 0- V ---------------------- Y 1 C U) M W* 4m* *Mov, 'V 'V ............... (ADA) " 2 . 1 1 C POOL (n G V 2Q1jM011 1 C ............... D- A loft 2 . 4 0 V V —----- ----- DOG RUN , SYN . LAWN WITH ----------------------- ----— REV. COMMENT DATE co 5 FT FENCE AND 3 FT GATE ---------------------- _r_ - 1 1+ 4- v U) _0 . . . . . . . . 2 .A C I I ov .2) ------------- U) ----------------------- + REV Preliminary Submit 06.01.22 (ADA) Preliminary Submittal 02.28.22 --------------------------------------------------- ISSUE DATE C / 2 . 2 2 C V - --------------------------------------------------------------- _T __F___ LANDSCAPE PACKAGE co 4 j 4 4 4 2 June 1, 2022 -------- --------------------- Owl #10 V V 1/ 4 1, 4004ir 4011111111w, 400*1 7S to DRAWN BY: TKW -0 Jt ---—-------—---- ——---------------------------------- 7w, 1 CHECK BY: JEH J I �J —-----------——----------------------------- PROJ. NO.: 2022-014 SECONDARY WALL, 6 FT CASE NO.: TBD PIP 10 . . . . . .. C . . . . . . . . . . . . . . . . . . . . . . . . . E #VWI 40W*1 : - - 1 t 41 . . . . .'' . . '. vl� . 1. � . . 11 . � 11 '. . , 1 CMU BLOCK, 611, PAINTED 2 IWN-/11 1 1 U) C t . . . .. . .. . . . . . . . .. . . . . NORTH co 4wf .......\",'&,7 4f� 1qW 4%� #WWI Uj 0 10 20 40 _�A Y 0 00 0* ON 0 , LANDSCAPE ENLARGMENTS 4W+ 4jr moll P_"� NA �0**** toll, I I ARIZONA BLUESTAKE 011, CENTER CALL TWO WORKING DAYS Ll 02 BEFORE YOU DIG 1 .800.782.5348 2 of 2 ,K_j Z"P4 N N N ,�0,� ?N P4� 00 f t t t t t t t f t t t t t t t t t Primary View/Pool Fence Verhicle Entry Gate Pool/Pedestrian Gate Dog Run 5' Fence Dog Run 3' Gate 6' Steel, 1" Picket U—BLADE le,t PREMIUM BACKING _A_Aj..1,LjTy Secondary Wall - 6' CMU 24" SQ CMU Pet Turf - Global Anova Alturi 36" Built-in 64" Contemporary Anova Metrix 40 Gal block painted Column SYN-Turf Natural Gas/Propane Grill Bike Rack Trash Bin,Side door Color: Texture Gray Color:Textured Gray ENTRY WATER FEATURE Burke Play Structure- model NU-2982 M12 E;Iffl WNW-k 11we-0*1, EXTERIOR COLOR AND MATERIALS LEGEND EIFS-1 MTL-1 EXTERIOR INSULATION AND METAL RAILING, METAL FINISH SYSTEM FASCIA AND FLASHING SUPPLIER:SENERGY COLOR:DARK BRONZE COLOR:DUNN EDWARDS "SHADY"DEC774 FINISH:MEDIUM SAND EIFS-2 SFT-1 EXTERIOR INSULATION AND PRODUCT:ACRYLIC FINISH FINISH SYSTEM COLOR:DUNN EDWARDS "SHADY"DEC774 SUPPLIER:SENERGY COLOR:DUNN EDWARDS FINISH:LIGHT SAND "WHISPER GRAY" DEC785 FINISH:SMOOTH Elf -3 EXTERIOR INSULATION AND ENTRY DOOR "ll, SUPPLIER:SENERGY IE COLOR:DUNN EDWARDS "DRIFTING"DEC 770 "511111"',""Al FINISH:BURNISHED BUILDING MTD.LIGHT 7 EIFS-4 DR-2 FIXTURE-SEE LIGHTING PLANS EXTERIOR INSULATION AND GARAGE DOOR COLOR:DARK BRONZE FINISH SYSTEM SUPPLIER:SENERGY EIFS-2 COLOR:DUNN EDWARDS "RIVERBED"DEC 767 FINISH:MEDIUM SAND 2ND FIN.FLR. i i�-w 11141 CMU-1 WND-11 ANN, SUPPLIER SUPERLITE ALUMINUM WINDOWS AND CEILING CEILING COLOR:"CHARCOAL" SLIDING DOORS 101 '. i u-u, EIFS-4 -011 FINISH:SMOOTH SUPPLIER:MILGARD SIZE:8x8xl 6 COLOR:DARK BRONZE ANODIZED PATTERN:STACKED BOND GLAZING:SEE GL-1 CMU-2 QL-1 ENTRY GARAGE BREEZE BLOCK -SUNCOAT MAX'DUAL PANE, Ll SUPPLIER: ECHELON LOW-E3 INSULATED GLASS COLOR:TINTED GRAY SIDE SIDE COLOR:"APSEW FINISH:SMOOTH tT_1 SIZE:8x1 6xl 6 PATTERN:STACKED BOND CMU-1 EIFS-1 CMU-1 J EIFS-1 -J RECESS FOR J CMU-1-J FIRE RISER CMU-1 ELEC.METERS ROOM-j EAST OR WEST TYPICAL BUILDING ELEVATION — 7 BUILDING MTD.LIGHT, '00 FIXTURE-SEE LIGHTING PLANS EIFS-2 2ND FIN.FLR. 2ND FIN,FLR. CEILING -CEILING i EIFS-4 ioii-w GARAGE ENTRY SIDE SIDE CMU-1 RECESS FOR J EIFS-1 CMU-1 EIFS-1 CMU-1 METERS EAST OR WEST TYPICAL BUILDING ELEVATION TYPICAL BUILDING ELEVATIONS EcoVista TH E E N C LAVE RON DEITRICK ARCHITECTS Development ON RENNICK DATE: 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST SCALE: 1/4" = V-1)" APACHE JUNCTION , ARIZONA 6. 21 41 81 EXTERIOR COLOR AND MATERIALS LEGEND EIFS-1 IIII EXTERIOR INSULATION AND METAL RAILING, METAL FINISH SYSTEM FASCIA AND FLASHING SUPPLIER:SENERGY COLOR:DARK BRONZE COLOR:DUNN EDWARDS "SHADY"DEC774 FINISH:MEDIUM SAND EIFS-2 SFT-1 EXTERIOR INSULATION AND PRODUCT:ACRYLIC FINISH FINISH SYSTEM COLOR:DUNN EDWARDS SUPPLIER:SENERGY "SHADY"DEC774 COLOR:DUNN EDWARDS FINISH:LIGHT SAND "WHISPER GRAY" DEC785 FINISH:SMOOTH F —1 F 7 F 7 F 7 F 7 F 7 L L -J L -1 L -J L EXTERIOR INSULATION AND ENTRY DOOR FINISH SYSTEM COLOR:DARK BRONZE SUPPLIER:SENERGY "DRIFTING"DEC 770 FINISH:BURNISHED 6m E -4 -2 IFS OR ........... EXTERIOR INSULATION AND GARAGE DOOR L R:DUNN EDWARD "RIVERBED"DEC 767 FINISH:MEDIUM SAND CMU-1 WND-11 W, SUPPLIER:SUPERLITE ALUMINUM WINDOWS AND Poll COLOR:"CHARCOAL" SLIDING DOORS FINISH:SMOOTH SUPPLIER:MILGARD SIZE:8x8xl 6 COLOR:DARK BRONZE ANODIZED PATTERN:STACKED BOND GLAZING:SEE GL-1 CMU-2 li BREEZE BLOCK SUNCOAT MAX'DUAL PANE, NORTH OR SOUTH ELEVATION Ll E SUPPLIER: ECHELON M0 LOW-E3 INSULATED GLASS SCALE: 1/81, 11-1 COLOR:'APSEN" COLOR:TINTED GRAY FINISH:SMOOTH 01 41 81 1 61 Ll SIZE:8xl 6x1 6 PATTERN:STACKED BOND —1 F —1 —1 —1 L --1 L lo ............ "M J, ef"", ............. Emu v m ME 0 a a Elm HER IN a 0 1 a m HE= m 0 imm "o"t. m IN m I OPEN m m EIFS-2 HIM 2ND FIN FLR CEILING EIFS.1 WND-1 �P 0,� T.O.WALL 3-6` WND-1J DR-1 I EIFS-1 -J WND-1 1 UN ER CMU-1 DR-1 WND-1 J cmi DR-1 J SIDE 0 UNIT 1.1 STORY) UNIT 2.2 ENTRY UNIT 1.2 ENTRY UNIT 1 A (1 STORY) UNIT 3.3 ENTRY UNIT 2.1 ENTRY P. F�SOFFDITS UNIT 1 (1 STORY) UNIT 2.2 ENTRY NORTH OR SOUTH PARTIAL ELEVATION SCALE: 1/4" = V-1)" 1"00009 =1119 01 21 41 81 TYPICAL BUILDING ELEVATIONS EcoVista TH E E N C LAVE ENTRY SIDE RON DEITRICK ARCHITECTS Development ON RENNICK DATE: 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST APACHE JUNCTION , ARIZONA EXTERIOR COLOR AND MATERIALS LEGEND Ell MTL-1 EXTERIOR INSULATION AND METAL RAILING, METAL FINISH SYSTEM FASCIA AND FLASHING SUPPLIER:SENERGY COLOR:DARK BRONZE COLOR:DUNN EDWARDS "SHADY"DEC774 FINISH:MEDIUM SAND Ell SIFT-1 EXTERIOR INSULATION AND PRODUCT:ACRYLIC FINISH FINISH SYSTEM COLOR:DUNN EDWARDS SUPPLIER:SENERGY "SHADY"DEC774 COLOR:DUNN EDWARDS FINISH:LIGHT SAND "WHISPER GRAY" DEC785 FINISH:SMOOTH f- --7 7- ---1 r- -7 F- --1 7- --1 Ell DR-1 EXTERIOR INSULATION AND ENTRY DOOR SUPPLIER:SENERGY SEE= ME= ONE= COLOR:DUNN EDWARDS "DRIFTING"DEC 770 FINISH:BURNISHED Ell Ill EXTERIOR INSULATION AND GARAGE DOOR UPPLIER: ENER Y COLOR:DUNN EDWARDS "RIVERBED"DEC 767 FINISH:MEDIUM SAND CMU-1 W11111111111-11 SUPPLIER:SUPERLITE ALUMINUM WINDOWS AND COLOR:"CHARCOAL" SLIDING DOORS III is 1!I FINISH:SMOOTH SUPPLIER:MILGARD SIZE:8x8xl 6 COLOR:DARK BRONZE ANODIZED MEMO= PATTERN:STACKED BOND GLAZING:SEE GL-1 CMU-2 Ill BREEZE BLOCK SUNCOAT MAX'DUAL PANE, NORTH OR SOUTH ELEVATION Ll SUPPLIER: ECHELON R�V LOW-E3 INSULATED GLASS SCALE: 1/8" V-1 COLOR:'APSEW COLOR:TINTED GRAY ml FINISH:SMOOTH 01 7- E Ll SIZE:8xl 6x1 6 41 8 16' PATTERN:STACKED BOND —1 —J �k "k 0 Ell 2ND FIN FLR CEILING ................. ....... io,-u, IF' Ell DR-2 —i cmu-1 -j DR-2 J CMU-1 J DR-2 -i CMU-1 -i DR-2 —J CMU-1 -i DR-2 J CMU-1 J UNIT 2.2 GARAGE UNIT 1.1 GARAGE UNIT 2.1 GARAGE UNIT 3.3 GARAGE UNIT 1 GARAGE UNIT 1.2 GARAGE UNIT 2.2 GARAGE UNIT 1.1 GARAGE UNIT 2.1 GARAGE 0- 00. 1 NORTH OR SOUTH PARTIAL ELEVATION SCALE: 1/4" = V-0" "000119 =1119 6- 2- 4- 81 TYPICAL BUILDING ELEVATIONS EcoVista TH E E N C LAVE GARAGE SIDE In RON DEITRICK ARCHITECTS Development ON RENNICK DATE: 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST APACHE JUNCTION , ARIZONA 524" 50'-0" 01 01 01 2'-4" ll� Loo 11'-4" Aoo 6'-3" L' 5'-1 1" 5'-6" L' 8'-7 1/2" 1.11 1., 1 V-1 ol 47'-4" 10 2'-8" o 00 0 21'-2" Cp 1? 0 kD) � ' -- I E:7;-,:== - 17'-0" C? CLOSET D w UNIT I &) UNIT CLOSET Cp 9 2m2 ED UP 2m2 3'.3" m c3n LAUNDRY e- c I I I I - I .- cli co BATH (c�� DESK 19149 sf ENTRY 215 sf QUEEN 28'-0" t10 p -a- 47 ca C\, DINING BEDROOM-1 ON TV 5'-4- 9 ald F- co HALL C\j c\j I TV co L I BEDROOM 2 -Z PATIO A\ REF �20 M 1/2" 9 9 C? 11� DINING QUEEN LINEN STORAGE v U EZ 60 �EN STORAJGE I BATH 0 LIVING BALCONY LIVING KITCHEN LO§k 9 KITCHEN T L 14'-0" c- 11 L-1 1 V-4" CLO§kT —J #4 0 c\j c\j ------------------------ 6'-0" 5 REF 00 0 - U-1 0 TV 21'-2" Eli Cp -8" Dw C-? L F-1 m Ww"W" C-? E\j TV 3'-113/8" TV DESK Le L(�J) 0� REF 00 4— 1 L % "/ HALL UNIT 11-4- 5--6" 14'-0" Cp I- 10 CLOSET -1 9 % LIVING ANTRY KITCHEN Fp BEDROOM: cli Cp BA (:3E ;L TH BALCONY GARAGE 760 sf C? QUEEN LINEN STORAGE DW 9 3-9" QUEEN 44" o� V v, ---?L -J BEDROOM 2 — — — — — — — — — F-11 21'-2 BATH OSET TV 12'-0" HALL 9 C=� cy) C=) C\d E\j c\j c\j TV % 21'-2" C? Eli D N -7 0 BEDROOM I c\j NINE mmmmm F— DINING 9 p co QUEEN -U co cli cli L — — — ;�:� - - DESK ENTRY C? BATH 3'.3" Cp it) = 0.* UNIT GARAGE UNIT 9 LAUNDRY �4) c i) I --- C) --- ------ ---- CIF] lip Eo Cp 77 2ml 00 2ml CLOSET D w C=? CLOSET c? 1 ,149 sf 215 sf MuLmOm oll c:) 2'-4" 1 V-4" 6'-3" 5--1 5'-6" 8'-7 1/2" 1010 1010 .4 ir�r ?"1 3" 50'-0" 52'-4" 2ND FLOOR PLAN 1ST FLOOR PLAN UNIT lol : 760 sf UNIT 2ml : 1 ,364 sf UNIT 2m2 : 19364 Sf UNIT GROUP 1 EcOVista TH E E N C LAVE UNITS 1.1 / 2.1 / 2.2 RON DEITRICK ARCHITECTS Development ON RENNICK DATE: 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST SCALE: 1/4" = V-0" APACHE JUNCTION , ARIZONA 6. 21 41 81 524" 64' 50'-0" o' 11 11 11 11 ol 2'-4" L, o' 11'4" 6'-3" 01.'o 5'-1 5'-6" 8'-7 1/2" 1 V-1 e_ 47'-4" 00 2'-8" e- -7 01 _'_1?I N MEMEMMEM Emmmmmm 21'-2" 9 WH 17'-0" e- co UNIT D w cli UNIT CLOSET 7� CLOSET co li5 '11 1 1 1 1 1 ------------- BATH FEE 9 co UP c\j 3m3 LAUNDRY 3'-3" E 33 ---- ---- ---- - c\1 DESK 77 "I ENTRY 215 sf QUEEN LINEN STORAGE -1 � 9 52s ---- ------ --- 28'-0" P 41/� // \<,// DINING BEDROOM 3 VANITY D N TV 5'-4- D w 9 9 114� Ll 01 E\j F_ C\j c\j c\j GARAGE TV Piz BEDROOM 2 PATIO REF HALL 1/2" 9 00 DINING LIVING ] -1 QUEEN DW! �2 L? BAL NY KITCHEN F LIVING KITCHEN _J i 14'-0" 11'4" 5'-6" 77/ = 11 0 7 U 7� rREF 7 m 0 CLOSE <\ x REF 0 0 > TV 21'-2" �7=�2_ m -T)— — I DW j /,/,1 0 m C? TV r X A — — — -I - ��r \\1 CD U-1 L F-1 3'-113/ 18'-6 1/8" 8"----7 TV DESK 14'-6 3/8" BATH HALL UNIT - . I L? IT C) t3� F] c\j PANTRY �:Z3 — - �$ 1 co '6�4 1/8" -_ I 'T I I . . . BEDROOM: BALCONY Cp GARAGE 3'4' QUEEN tl-" Ll — CLOSET 3 QUEEN ol BEDROOM.1 DINING SEAT 21'-2" -E OSET BATH 12'- TV C? 9 9 C? E\j Eli HALL c"i vs C? c\j TV 21'-2" Eli ON EDROOM'j L B Q UEEN u DW cli 'RY Lu_ DESK L ___j ( h IT ENT 3" C? BATH KITCHEN Cp I GARAGE UNIT UNIT m LAUNDRY I C�' 17-11 71 F F -1 UP 9 co 1m2 1 m2 CLOSET D w CLOSET 00 C? C" REF c) s WH 215 sf ........I--11--------I.................I......--111 10 2-411 1 V-4" 6'-3" 5'-1 5'-6" 8'-7 1/2" 101 11'_1" OL Cp .4 ol .4 10 3" OL 50'-0" ?r 52'-4" 6'-0" 2ND FLOOR PLAN 1ST FLOOR PLAN UNIT lol : 760 sf UNIT 1 m2 : 1 030 sf UNIT 3m3 : 1 ,364 sf UNIT GROUP 2 EcOVista TH E E N C LAVE UNITS 1.1 / 1.2 / 3.3 RON DEITRICK ARCHITECTS DeVelopMeAnt ON RENNICK DATE: 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST SCALE: 1/4" = V-0" APACHE JUNCTION , ARIZONA 6. 21 41 81 524" �o oo 50'-0" ol 2'-8" e Ll 2'-4" L, t'o 15'-4 1/2" "I'o 5'-6" t'� 6--9 1/2" t'� 5'-6 1/2" "I'o 6'-3 1/2" I.'o 5'-0" t'� 3-1 e— 2'-8" .1 6'-9 1/2" 17'-9 1/2" 10 q�/ DESK cy.:) \3 F�D 41 1- UNIT III J, UNIT c zo CLOSET .2 ENTRYC? CD cli 9 - - 1- --- 12 'WH-- ---- TV ::c o? 4 =9 co CLOSET BATH Q07 sf L-Li QUEEN STUDY LIVING 0 U) 1 ,129 sf BEDROOM 2 - -DESK SEAT v I cn --- ----- ----- ------ --- ------ ------ % D W LOSET - ------- ------ ----- ---- TV Li C=) TV UP cli F 7 C? 9 GARAGE 9 c\j C? IN c\j — DINING c\j TV 3'-2" Lu co L-Li co BEDROOM 3 HALL 00 -BEDROOM.1 L--j L—j L—J 91 m c� IL y BALCONY co 9 50 QUEEN KING �lj Eo LINEN STORAGE I DWI PATIO Ll KITCHEN CLOSET co F- - I Poll1iiPER I-T 71 L Cp Cp -1,V/ANITY B tH I I I Li c\j 77 CD co 171-01, —REF I U-3 21-4-1 61-21, 2'-8 211-2-1 5'-l(" 0 0 ICA 6-011 C:) Q cli E\j oo .-1 G. 9-4- 2-111 -5�g �zz F If----1 61-2-- 2c8-- 211-21, c:) ............ co 171-01, REF 00 00 Cp �CLOSET VANITY BATH C? E7 O�IJER -1 P 9 KITCHEN Eo Eli 0=? 00 -1 Eli LINEN STORAGE C\l DW C? QUEEN =3 PATIO co 9 KING A A 50 BALCONY 00 z i;:5 v \/// . : . . — L -J 41 BEDROOM 3 91 : -BEDROOM'l 00 1---1 F HALL 3-211 TV Ll I I L ON ID 9 9 DINING C\d %� %, I - D GARAGE c\j m 9. TV c\j — cli E�j co cli TV T IV- v- D W LOSET - — — — -�rl�7--� -DESK Lu BEDROOM 2 SEAT Llj cn CD LIVING ------ ------ ----- Fo co QUEEN CLOSET BATH I STUDY ---------------i TV aj UNIT UNIT C? ENTRY W-OSET 3.1 31-31, DESK 1 ,129s c:) 007 f F�D co w Am 2-4111 151-41/21, 51-61, 61-91/21, 5'-6 1/2" 61-31/ 11 5'-0' 21-81, 61-91/21, 171-91/21, .11, 10 1 'j'o 521-41, 6-011 ol 50'-0" 21-81, ?r #4 2ND FLOOR PLAN 1ST FLOOR PLAN UNIT 3ml : 1 ,736 sf UNIT 12 : 1 ,736 sf UNIT GROUP 3 EcOVista TH E E N C LAVE UNITS 3.1 3.2 CLOSET TV RON DEITRICK ARCHITECTS Development ON RENNICK DATE 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST SCALE: 1/4" = V-0" APACHE JUNCTION , ARIZONA 6. 21 41 81 EXTERIOR COLOR AND MATERIALS LEGEND EIFS-1 MTL-1 EXTERIOR INSULATION AND METAL RAILING, METAL FINISH SYSTEM FASCIA AND FLASHING SUPPLIER:SENERGY COLOR:DARK BRONZE COLOR:DUNN EDWARDS "SHADY"DEC774 FINISH:MEDIUM SAND EIFS-2 SFT-1 EXTERIOR INSULATION AND PRODUCT:ACRYLIC FINISH FINISH SYSTEM COLOR:DUNN EDWARDS SUPPLIER:SENERGY "SHADY"DEC774 COLOR:DUNN EDWARDS FINISH:LIGHT SAND N "WHISPER GRAY" DEC785 ................. FINISH:SMOOTH EXTERIOR INSULATION AND ENTRY DOOR FINISH SYSTEM COLOR:DARK BRONZE ......... SUPPLIER:SENERGY COLOR:DUNN EDWARDS "DRIFTIN DE 770 -WE FINI H:BURNI HED q EIFS-4 DR-2 EXTERIOR INSULATION AND GARAGE DOOR T.O.PARAPET FINISH SYSTEM COLOR:DARK BRONZE T.O.PARAPET SUPPLIER:SENERGY 14�4� MTL-1 14�-O" COLOR:DUNN EDWARDS "RIVERBED"DEC 767 -J SFT-1 AT UNDER SIDE Ak, CEILING FINISH:MEDIUM SAND -- - -- - - -- - - i CMU-1 WND-11 SUPPLIER SUPERLITE ALUMINUM WINDOWS AND SFT-1 AT CEILING UNDER SIDE . .... COLOR:"CHARCOAL" SLIDING DOORS 101-0.1 OF SOFFITS FINISH:SMOOTH SUPPLIER:MILGARD -TYP, SIZE:8x8xl 6 COLOR:DARK BRONZE ANODIZED PATTERN:STACKED BOND GLAZING:SEE GL-1 CMU-2 QL-1 '1�44�,,M BREEZE BLOCK 'SUNCOAT MAX'DUAL PANE, Ll -E3 INSULATED GLASS SUPPLIER: ECHELON LOW COLOR:"APSEN" COLOR:TINTED GRAY FINISH:SMOOTH Ll SIZE:8xl 6xl 6 PATTERN:STACKED BOND w N ,q1 EIFS-1 EIFS.3 WND-1 J WND-11 J WND-11 J EIFS-3 J EIFS-1 J WND-1 J EIFS-4 CMU-1 GL-1 GL-1 GL-1 GL-1 NORTH ELEVATION ........... .. ..... '4A m0f, ............. REEN BY PARAPET so ........... dk, T.O.PARAPET TATARAPET Aw A/// 'i my i7 161-011 T.O.PARAPET TO.PARAPET MTW � 14'-011 -,_j ,Ilk CEILING 12'- SFT-1 AT UNDER SIDE ow CEILING OF SOFFITS-TYP. -- - - - - - 101-00 g ------------------ ----------------------- --------------------- POO ;f11111 AW/ /a/ I IL----------i L- L.-----------i I - EIFS-4 EIFS-3 L MAILBOXES FIFS 2 WND-1 CMU-1 1AINn-i WND-1 WND- EIFS-3 EIFS-4 WND-1 GL-1 GL-1 GL-1 GL-1 GL-1 WEST ELEVATION CLUBHOUSE ELEVATIONS EcoVista TH E E N C LAVE RON DEITRICK ARCHITECTS Development ON RENNICK DATE: 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST SCALE: 1/41, = 1 1-01, APACHE JUNCTION , ARIZONA 01 21 41 81 EXTERIOR COLOR AND MATERIALS LEGEND EIFS-1 MTL-1 EXTERIOR INSULATION AND METAL RAILING, METAL FINISH SYSTEM FASCIA AND FLASHING SUPPLIER:SENERGY COLOR:DARK BRONZE COLOR:DUNN EDWARDS "SHADY"DEC774 FINISH:MEDIUM SAND EIFS-2 SFT-1 EXTERIOR INSULATION AND PRODUCT:ACRYLIC FINISH FINISH SYSTEM COLOR:DUNN EDWARDS SUPPLIER:SENERGY "SHADY"DEC774 COLOR:DUNN EDWARDS FINISH:LIGHT SAND "WHISPER GRAY" DEC785 FINISH:SMOOTH EXTERIOR INSULATION AND ENTRY DOOR SUPPLIER:SENERGY COLOR:DUNN EDWARDS 'DRIFTING"DEC 770 Vi— WND-1 11 Ll E FINISH:BURNISHED GL-1 urn to-I y E EIFS-4 DR-2 SiJ EXTERIOR INSULATION AND GARAGE DOOR [I E Ll A FINISH SYSTEM COLOR:DARK BRONZE T.O.PARAPET T.O.PARAPET SUPPLIER:SENERGY 14-4" COLOR:DUNN EDWARDS 14'-0- "RIVERBED"DEC 767 MTL-1 gi -ILING FINISH:MEDIUM SAND -—— — — — — — — — — —— — 124' -1 cmu WND SFT-1 AT UNDER SIDE OF SUPPLIER SUPERLITE ALUMINUM WINDOWS AND CEILING — — —— — — -TYR SOFFITS COLOR:"CHARCOAL" SLIDING DOORS iu-a, luk\\ FINISH:SMOOTH SUPPLIER:MILGARD SIZE:8x8xl 6 COLOR:DARK BRONZE ANODIZED PATTERN:STACKED BOND GLAZING:SEE GL-1 CMU-2 CMU-2 QL-1 ISUNCOAT MAX'DUAL PANE, BREEZE BLOCK 'INN" SUPPLIER ECHELC LOW-E3 IN Ll E )N SULATED GLASS COLOR:"APSEN" COLOR:TINTED GRAY FINISH:SMOOTH Ll SIZE:8xl 6xl 6 D PATTERN:STACKED BON \Qk EIFS-3 EIFS-4 CMU-1—j RECESS FOR J EIFS-4 J EIFS-4 J EIFS-1 J EIFS-3 J WND-1 J EIFS-3 J EIFS-1 J ELEC.SES GL-1 SOUTH ELEVATION 0 ........ ET Y 1,614f APET T.O.PAR 14-4' MTL-1 CEILING 12�4' 4F SFT-1 AT UNDER SIDE CEILING OF SOFFITS-TYP. i u-0., \ft EIFS-4 WND-1 EIFS-1 J WND-1 J WND-1 J EIFS-2 J WND-1 J EIFS-1 J EIFS-1 J DR-2 J DR-9 EIFS-1 GL-1 GL-1 GL-1 GL-1 GL-1 GL-1 EAST ELEVATION CLUBHOUSE ELEVATIONS EcoVista TH E E N C LAVE RON DEITRICK ARCHITECTS Development ON RENNICK DATE 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST SCALE: 1/4" = V-0" APACHE JUNCTION , ARIZONA 01 21 41 81 118'-0" 0� COVERED ENTRY LEASING OFFICE L - - - - - - - - - - F.P� GATHERING STOR MAIL ROOM WORK ROOM �p I LOUNGE STOR. III I I I I I I I I I I LL1 MECH EL I PC RESTROOM DRINK BAR CONCIERGE LOBBY 0 �,7 KIT�l EN MEN WOMEN JANITOR FIRE RISER C�F� LOUNGE MECH LEASING OFFICE VESTIBULE STOR COVERED COVERED PATIO PATIO - -- - - - - - - - - - - - - - - - - - - -- FITNESS COVERED PATIO I F- I F- L - - - - - - - - - -- -- - - - - - - - - - - - - - CLUBHOUSE FLOOR PLAN RDA EcoVista TH E E N C LAVE RON DEITRICK ARCHITECTS ODevelopment ON RENNICK DATE: 6/6/22 r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST SCALE: 1/8" = l'-0" P� I APACHE JUNCTION , ARIZONA 6. 41 81 16, The Enclave on Renn 'I' ck SEC Rennick Dr. & Virginia St. Public Participation Report July 26, 2022 Preparedfor: EcoVista Development LLC Seth Jardine 4400 N. Scottsdale Rd., Suite 9500 Scottsdale, Arizona 85251 Prepared by: Berry Riddell LLC Wendy Riddell, Esq. Elyse DiMartino, Planner 6750 E Camelback Rd.,#100 Scottsdale, Arizona 85251 1. PROJECT DESCRIPTION This Public Participation Plan is being submitted in association with an application for an approximate 6.9 gross-acre property located at the southeast corner of Rennick Drive and Virginia Street(the "Site"). The Site represents a portion of Parcel Number 101131080 and is shown in the aerial below. Our request is for a rezoning from RS-GR (General Rural Low Density Single-Family Detached Residential)to RM-2 (High Density Multiple-Family Residential)at a density of 18 du/ac(dwelling units per acre)for a two-story multi- family development consisting of 17 buildings with a total of 124 units. The Site has a land use designation of Downtown Mixed-Use on the 2020 General Plan. This application proposes a well-designed and well-built Townhome-style multi-family project. The proposed development will positively impact the surrounding area by increasing home values and providing a new housing option for those individuals who would like to live in this community but are not interested in home ownership.Additionally, more residents in the downtown district will support current and planned commercial businesses and growth. 111. INFORMING THE PUBLIC Bilsten Consulting was hired by the developer to conduct community outreach for this project to make sure as many neighbors as possible in the notification area had the opportunity to be involved in this project. We made physical contact at front doors with numerous neighbors in the notification area. We made four physical attempts at door knocking on different days and times in the beginning of March of 2022 and left our contact information with neighbors to disseminate to anyone we didn't have the chance to make contact with. We received phone calls from neighbors who passed our information around and had phone conversations and even scheduled future meetings in neighbors' living rooms. 111. NOTIFICATION The notification map of property owners within 300 feet of the Site is shown below. A notification letter was sent via first-class mail on April 20, 2022, alerting interested parties to the request and the details of the neighborhood meeting(Exhibit A). Recipients of the letter were invited to attend the meeting where they could make their feelings on the project known and ask any questions. The notification list is composed of property owners within 300 feet, nearest school district(s), head of any homeowners' association or registered neighborhood group within the notice area and other interested parties. Communication with these parties has been ongoing throughout the process, and communication with impacted and interested parties has taken place with verbal,written and electronic contact.Additionally, the applicant has, and will continue to, make themselves available to the public via phone and email and will meet with the public individually if the desire is expressed. .......... Apathe Juncoon .............. ....... ............ ........... .......... 7- ",L'I g t i11__7,............. ................ -------------j) rr- .......... pwsvw,4*............. ............ H -l"L �Milci lr: U11'k4"I J 1 1 ;�:,,J"Ta fT, j,__J� �� il 111711,,j,,�' I d N t�j ........................... J W 1 f ............. r.......r . .................. .............. f7l L .. .... ......... .......................... ......................................... IV. NEIGHBORHOOD MEETING We hosted an in-person neighborhood meeting on May 5, 2022, at 6:30pm at the Apache Junction Multigenerational Center. There were 17 attendees from the neighborhood, many of whom we had spoken to at their door back in March. Comments heard from neighbors while door knocking and during the neighborhood meeting included: concerns about the potential increase in traffic, concerns about height and density of the project near their low-density homes, and questions about drainage and our responsibility for street improvement. Neighbors still have our contact information, and we will be in communication with neighbors as needed. Neighbors signed in at the meeting and provided their address, phone number,and email address.This will allow us to get in touch in the future and answer questions as needed and keep them posted on future public meetings. We will send a follow up email to those neighbors who asked for us to send them specific slides from our presentation and traffic counts. V. HOW ISSUES WILL BE ADDRESSED The concerns of the neighbors were taken into consideration as the project team prepared the subsequent submittal.The site plan was revised to move the primary entrance south, so it is not directly across from the existing homes on Rennick Drive.Additionally,the site plan was redesigned to create view corridors east-west through the Site. These view corridors would maintain some of the views of the Superstition Mountains from the existing homes on Rennick Drive. The entire project team remains sensitive to the importance of neighborhood involvement and creating a relationship with property owners, residents, business owners, neighborhood associations, and other interested parties. Communication with these parties will be ongoing throughout the process. The applicant will be responsive to these individuals and make a diligent effort to address comments expressed by the interested parties.The applicant will make themselves available to the public via phone and email and will meet with the public individually if the desire is expressed. VI. PUBLIC HEARING NOTIFICATION The City of Apache Junction notifies all property owners within 300 feet of the Site with a notification letter and posts a publication in a widely circulated newspaper throughout the City.The project team posts a public hearing sign on the Site (Exhibit 13). VI. PROPOSED SCHEDULE The proposed schedule for the Public Participation Plan is as follows: March 3, 2022 Submit Public Involvement Plan for Review April20, 2022 Notification Letter with Plans Sent May 5, 2022 In-Person Neighborhood Meeting July 22, 2022 Public Hearing Sign Posted July 26, 2022 Submit Public Involvement Final Report to City Staff Exhibit A Neighborhood Meeting Notification Mailing Label Certification I/we, Cassandra Ayres hereby certify that this is a complete list of property owners within 300 feet of the property proposed for rezoning or other permit approval as obtained from the Pinal County Assessor's Office on: (date obtained) 03.03.2022 I/We further certify that this list is not older than thirty (30) days at the time of filing of said application. PLEASE PRINT Zachary Pebler Property Owner Name Signature Street Address 480.682.3916 City, State, Zip Telephone Property Owner Name Signature Street Address City, State, Zip Telephone Cassandra Ayres Agent Name Signature 6750 East Camelback Road, STE 100 Street Address Scottsdale, AZ 85251 480.682.3916 City, State, Zip Telephone Rezoning Application Page 7 of 13 Updated 12/2020 April 18, 2022 Case No. P-22-29-PZ I The Enclave on Rennick SEC of Rennick Drive and Virginia Street,Apache Junction,Arizona Dear Property Owner or Neighborhood Association Representative, The purpose of this letter is to inform you that we have recently filed a request to rezone approximately 7.24 net acres located at the southeast corner of Rennick Drive and Virginia Street (the "Site") from RS- GR(General Rural Low Density Single-Family Detached Residential)to RM-2(High Density Multiple-Family Residential) and B-2 (Old West Commercial). The southern .54 acres will be rezoned to B-2 to allow the legal non-conforming automobile uses that exist on that portion of the Site today.The northern 6.7 acres (net) will be rezoned to RM-2 to allow the proposed multi-family development as shown on the conceptual site plan. Please note that a General Plan amendment is not required in order to accomplish the rezoning of the Site. Proposed Change: The proposed change is to rezone the Site to RM-2 and B-2 to allow the existing legal non-conforming automobile uses and the proposed multi-family development. The proposed multi-family development consists of 124 residential apartment style units at a density of 18 du/ac based on the gross Site area. Seventeen buildings are proposed with a mix of one bedroom, two bedroom and three-bedroom units, each of which will have ground floor entry and a 1 car or 2 car garage. The buildings will be no greater than two stories and have a maximum height of 30 feet(35 feet is allowed under the current zoning).The buildings surround a centralized amenity space,which includes an office,clubhouse,fitness area,covered playground, pool and spa, cabanas, and barbecue areas. Existing Use: A copy of the conceptual site plan and elevations are attached. MOM r, QW, AMOZ7=11 AZiw- %'"Z I-------------- --- ---------------------------------------------------------- ---------------- THE ENCLAVE 0 RE14NICK A Neighborhood Meeting will be held at the following date and time: May 5,2022 at 6:30 p.m. Apache Junction Multi-Generational Center 1035 N. Idaho Mad,Art Room Apache Junction,AZ 85119 You are invited to attend this meeting to learn about the project and proposed zoning. If you are unable to attend, please contact me at ed@berryriddell.com or 480-682-3916 to learn more about the case and provide input. The City of Apache Junction Planner assigned to this case is Nick Leftwich and can be reached at nleftwich@apacheiunctionaz.gov or 480-474-8575. This planner can answer your questions regarding the City's review and hearing processes as well as the st�ff's position once their report is complete. You may also make your feelings known on this case by writing to the City of Apache Junction Planning and Development Department, 300 East Superstition Boulevard, Apache Junction, Arizona 85119, referencing case number P22-29-PZ.Your letter will be made part of the case file. Please be advised that meetings and hearings before the Planning Commission and City Council are planned to review this case.Specific meeting and hearing dates have not yet been set.You should receive a subsequent notice identifying the date and location of the meetings/hearings when they have been scheduled. Again, I would be happy to answer any questions or hear any input that you may have regarding this proposal.You may reach me at ed@berryriddell.com or 480-682-3916. Very truly yours, Elyse DiMartino, Planner Exhibit B Public Hearing Sign Posting AFFIDAVIT OF SIGN POSTING The undersigned Applicant has complied with Apache Junction's posting requirements for Case # located ............. on �L virgina&N Rennick Dr See attached photo exhibit. For applicant: LE�r76 �i �e:l(L�:C Dvnamite Sians. Inc. Sign Co p ,P am ,,pa r Sign Co any ltepres4iotive Subscribed and sworn to be on IN WITNESS WHEREOF9 I Hereto set my hand and official seal. MARYBETH CONRAD Notary PublIC-AriZOna Maricapa county Notary Vublic Commission#591461 WO 0*V,-,-PE My Comm,Expires Oct 25,2024 RM My Commission expires: ,,.o ,Z ON BLVD I�W The Hym0�bay Pub G"15 *Maps n�P it ic Nofice ORY (if Apache Jundon Pub] C HEARING R"EZ' ',0 NG PUBLI N1 PLANNING AND ZONING COMMISSION A *D 0810912022 TIME- 7-00 RM. TE. CITY COUNCIL. DATE: 0910612022 TIME#- 7.-00 RM. CASE* P-22-29-PZ APPLICANT: Cassandra Ayres PHONE: (480) 626-8829 PLACE: 300 E. SUPERSTITION BLVD. APACHE JUNCTION, AZ 85119 EST. �ezonjnq agpm My 714 net am located at the southeast comer of REQU and V S fr *Famiiy Irgin a t=om RenfliCk DdW R(uG Rur o%Den:ty S�n& "'L tYM I mil s en I)a Detached Residential)toRM-2(Wigh n N b!;Va y Re 2 (old West CommCial). N BLVD CITY CLERK:Nicholas Leftwich FOR INFORMATION CALL , PLANNING OFFICE 48047"57t,,, The�'4arxlk'O'a� P""b& #Maps ID 3/21/22,3:59 PM Mail-nleftwich@apachejunctionaz.gov Re: [External] Rennick and Virginia Proposed Development Nicholas Leftwich Mon 3/21/2022 3:44 PM Sent Iterns ToJimmy Valencia <cwo3v@yahoo.com>; Thank you for putting your thought together and providing them to me. I will provide this to the Planning and Zoning Commission and City Council, along with other neighborhood comments as-is if you approve of me doing SO. Regarding your questions about the sober living home on San Marcos, Arizona state law allows for them to operate out of residential homes as a protected class. Because of this, the city does not have laws or codes preventing them, although there are certain requirements that must be met, such as separation requirements to prevent there from being too many in one place. The do have to maintain an active business license, and I was informed that this sober living home in particular has been there for many years, so I do not have all of the information about how it came to be. The developers should be sending out more information soon, but I do not have the exact times from them yet. They will not be able to proceed in the rezoning process without informing the neighborhood though, so it will indeed have to happen soon. If you have further questions, please let me know. Thank you, Nicholas Leftwich Associate Planner City ofApache function 300 E Superstition Blvd Apachefunction,AZ 85119 480-474-8575 nleftwich@)apachejunctionaz�gov From:Jimmy Valencia<cwo3v@yahoo.com> Sent: Monday, March 21, 2022 11:19:54 AM To: Nicholas Leftwich Subject: Re: [External] Rennick and Virginia Proposed Development Mr. Leftwich. I am responding to your email with some questions regarding the proposed "Apartments First is that these will be rentals and as renters there is no ownership in these apartments. Here are my thoughts. 1. 124 Apartments x 2 individuals per = 248 occupants. Average 2 children per apartment = 596 total. 2. Average vehicles of 2 per apartment = 24& Currently Rennick Dr has a high volume of traffic with most over the speed limit. On several occasions I have been passed while doing the speed limit on Rennick Dr. 3. Heights on proposed "Apartments " will impact our views as well as noise and volume of traffic. 4. There is currently a half way house on San Marcos just around the corner with alot of foot traffic on Rennick Dr. Does there have to be full disclosure of this to the renters ? Of concern is safety for any hftps://webmail.ajcity.net/owa/#path=/mail 1/2 3/21/22,3:59Pw mao' children who may occupy these "Apartments ". 5. Why is a1/2 way house iDa single family zoned area ? /\nd does it have a business license? Who is the principal of this and who funds this? So my opposition to this is a firm NO. VVoU|d the Council members want this in their front yard ? i VVOU|d guess the answer would also be a NO. Would the developer from Scottsdale VV@Of this in their front yard ? I VVOUld guess the answer would be NO. Also where and when will this be published to inform all that are concerned in this 9 I VVOU|d like to thank you for your time and response. On Thursday, March 17, 2022, 05:19:07 PM MST, Nicholas Leftwich <nleftwich@apachejunctionaz.gov>wrote: Hello Jim, I am a planner for the city of Apache Junction and I am the city's point of contact regarding the rezoning project proposed, case number P'32-29-PZ, a development proposal for a I24 unit apartment community tentatively known 36 the Enclave ODReDDiCk. This project isuDder [evievv8Od has not been schedule for public hearings yet, however in the next month or so it will be scheduled for public hearings with the Planning and Zoning Commission and the City Council, at which point you and other neighbors will be notified and invited to attend the public hearings to voice your opinions and concerns on the proposed rezoning and development. The developer, EcoVista Development, LLC, should be hosting a neighborhood meeting within the next month as well tO inform the neighborhood about the proposal. |n the meantime, if you would like to inform the Planning and Zoning Commission and City Council ofyour concerns in advance, you may provide me your comments so that they may be included in the staff reports that will be provided to them prior to their public hearings. I will make sure to include yours and other neighbors' comments, some of which | have already received, in the reports so that the commission and council are aware of all neighborhood concerns. As for the other questions you have that I was forwarded, the housing product proposed is 2 story, rowhome- style apartments with a proposed height of 28' 6", and a density of 18 units an acre. I will note that the maximum height of the current neighborhood is 35' and the proposed height of the RM-2/PD zoning district proposed raises that height limit on this property to 40', however the conceptual plan presented in this zoning, if approved, would limit the development tOthe height proposed around approximately 28' 6". Please let rn8 know if you have any questions, Or any comments tO provide t0the commission and city council. Thank you, Nicholas Leftwich Associate Planner City ofApaehe function 300E Superstition Blvd Apache function,AZ 85119 480~474~8575 xupo:8wobmoi|.ajoity.not/owa/#pat»=/mai| o/u 3/21/22,3:58Pw mao' ��' F�»������U �����'�� ���� U'��`�^� ���[)������� [���\/��|���l������ ' ^^~' [External] ' ^~ '~'^ ~~ ~^ Virginia'~^ Proposed Development ~ ` Nicholas Leftwich Mon 3/21/2O223:51PN Sent|tems nzK4adeneSmith ^smhh.mom@q.com'; Thank you Marlene for putting your thoughts together and providing your concerns to me. | will provide this e- mail tO the Planning and Zoning Commission and City Council, along with other neighborhood comments as-is if you approve of me doing so, so that the public officials who make the decisions regarding whether to rezone the property or not will be aware of concerns and potential issues. Regarding your question, the proposed project isconnposedofopartnnents, butinorow-housesty|e, vvhichnnay have been confused for t0vvnh0rn8S. A3Jbuilding definition, tOvvnh0no8S would mean individually owned lots and not 8 rental community, but since itiS3 rental community itwould be considered apartments. The developer should be sending out information soon, and the city will also send out our own letters, but that does not happen until the meeting and public hearing has actually been scheduled. This project iSDOtth8tfarinth2prOCeS5yet and is still under review. |f you have further questions, please let me kDOv« Thank you, Nicholas Leftwich Associate Planner City ofAJnacheJumction 300E Superstition Blvd Apache function,AZ 85119 480~474~8575 n @)apac& ^unctimnam�gmv From: Marlene Smith<smith.noom@q.00nn> Sent: Monday, March 2I, 20221:1G:OGpK4 To: Nicholas Leftwich Subject: [External] Rennick and Virginia Proposed Development K4[ Leftwich I am writing to you about the 124 apartments and the impact it will have on the community. Or is it Townhouses like the Consultant is saying? Either way it is rentals! As a concerned citizen I am opposed to the two story buildings, to all the traffic it will create not to mention the noise and pollution from extra cars, trucks and motorcycles. A lot of people walk and ride bicycles on Rennick and there is already traffic that does not obey the speed limit. | moved t0 this "«Ui8t" neighborhood 83 did nny neighbors and now the city chooses t0 take that all away b« providing 'apartments...........really?What ever happened tO keeping Apache Junction 3 part Of"The Old VVe5t"7 What ever happened to developing a 'downtown' area with nice shops and restaurants to attract tourists? 3/21/22,3:58 PM Mail-nleftwich@apachejunctionaz.gov I realize Mr. Arnold wants to get rid of the property but can the city seriously consider a developer that isn't in it just to line their pockets, someone that actually cares about people. How about a retirement community with single story "apartments" for people that want to live an 'quiet' active life and enjoy what brings people to Apache Junction to begin with. I am putting in a HARD NO for this project!! When are we going to made aware of the meeting to inform the residents of this area? Thank you for your time Marlene Smith hftps://webmail.ajcity.net/owa/#path=/mail 2/2 0 Q(X�00�-- .........kaO To: Seth Jardine Date: May 27, 2022 EcoVista Development LLC From: Shelly Sorensen, PE, PTOE essio Job Number: 22-5317-001 T 51806 RE: SEC Rennick Drive and Virginia Street CLI SHELLY A SORENSEN residential Traffic Impact Statement 4 nd. INTRODUCTION Lbkahi, LLC(1-6kahi) has prepared a Traffic Impact Statement for the proposed SEC Rennick Drive and Virginia Street residential development, located on the Southeast Corner(SEC) of Rennick Drive and Virginia Street, in Apache Junction, Arizona, See Figure i for the vicinity map, The proposed site will be comprised of a 124-unit townhome style apartment subdivision. See Attachment A and Figure 2 for the site plan. The objective of this Traffic Impact Statement is to analyze the i ity Map proposed development's traffic related impacts to the adjacent roadway network. C, 10555 N�114th Street,Suite 105 0 Scottsdale,AZ 85259 Uni 480-536-7150 www.lokahigroup.com EcoVista Development LLC C0100� SEC Rennick Drive arid Virginia Street residential EXISTING CONDITIONS The proposed development is bordered by Rennick Drive to the west,Virginia Avenue to the north, mobile homes to the east and commercial property to the south.According to the Pinal County Assessor's website,the current site is comprised of one (1) parcel. Parcel 101-13-lo8o is currently zoned for High Density Multiple-Family Residential (RM-2).The approximate 6.9o- acre site is currently vacant land. See Attachment B for Pinal County Assessor's parcel information, Rennick Drive is a north-south unmarked roadway that provides one (1)through lane in each direction of travel, in the vicinity of the study area.According to the City of Apache Junction General Plan 202o, Rennick Drive is classified as a local street, within the study area.There is a posted speed limit Of 25 miles per hour(mph). Virginia Street is an east-west unmarked roadway that provides one (1)through lane in each direction of travel, in the vicinity of the study area.According to the City of Apache Junction General Plan 2020,Virginia Street is classified as a local street, within the study area.There is an unposted speed limit Of 25 mph. San Marcos Drive is a north-south unmarked roadway that provides one (1)through lane in each direction of travel and terminates at Virginia Street and the north driveway of the site. According to the City of Apache Junction General Plan 2020, San Marcos Drive is classified as a local street, within the study area.There is an unposted speed limit Of 25 mph. Apache Trail located one-tenth of a mile south of the study area, generally runs east-west and provides three (3)through lanes in each direction of travel, with a raised landscaped median. According to the City of Apache Junction General Plan 202o,Apache Trail is classified as a 6 Lanes Plus Turn Lanes—major arterial.According to Arizona Department of Transportation (ADOT) Transportation Data Management System, a 2020 annual average daily traffic(AADT) reported a volume Of 20,504 vehicles per day(vpd)along Apache Trail, between Ironwood Drive and SR 88 Highway.There is a posted speed limit Of 40 mph. L ka & ,c st 111e�1'11111 I'll EcoVista Development LLC C0100� SEC Rennick Drive arid Virginia Street residential PROPOSED DEVELOPMENT The proposed SEC Rennick Drive and Virginia Street residential development will be comprised of a 124-unit townhome style apartment subdivision. Vehicular access to the site will be provided with two (2) driveways along the west and north side of the site, located along Rennick Drive and Virginia Street. The first access point is located along Rennick Drive.The first driveway, will be the main entry, is approximately 815' south of Virginia Street(center to center).The second access point is located on the north side of the site at the intersection of Virginia Street and San Marcos Drive as the northbound approach, All driveways a will be full access driveways, allowing all turn movements into and out of the site. RENNICKbRIVE,,�';,"� 4 - ---------------- ----- A 20 Figure 2—Site Plan TRIP GENERATION The trip generation for the proposed SEC Rennick Drive and Virginia Street residential was calculated utilizing the Institute of Transportation Engineers (ITE) publication entitled Trip Generation, 111h Edition.The ITE trip generation rates and fitted curve equations are based on studies that measure trip generation characteristics for various types of land uses.The rates are expressed in terms of trips per unit of land use type.This publication is the standard for the transportation engineering profession. The trip generation for the proposed SEC Rennick Drive and Virginia Street residential development was calculated utilizing ITE Land Use 215 — Single-Family Attached Housing.Trip generation calculations are shown in Table i. See Attachment C for detailed trip generation calculations. EcoVista Development LLC C0100� SEC Rennick Drive arid Virginia Street residential Table 1 —Trip Generation (Proposed Development) Single-Family Attached Housing 215 124 Dwelling 894 59 18 41 70 40 30 Units The proposed development is anticipated to generate 894 weekday daily trips,with 59 trips occurring during the AM peak hour and 70 trips during the PM peak hour. RIGHTS TURN LANES Turn lanes or auxiliary lanes, allow vehicles exiting a roadway to slow to a reduced speed to execute a turn without impeding the main flow of traffic.The following sections apply the turn lane requirements found in the City of Apache Junction Engineering Design Guidelines and Policies to determine if turn lanes are required at any of the proposed driveways. Per Section 10-3-6 (C) it states "right-turn lanes shall be provided on major arterial streets at all street intersections, and at driveways where warranted". Both Rennick Drive and Virginia Street are classified as local street, not major arterial streets, per the City of Apache Junction.Therefore, no right turn lanes are required on Rennick Drive or Virgina Street under Section 10-3-6(c). SUMMARY The proposed SEC Rennick Drive and Virginia Street residential development is located on the SEC of Rennick Drive and Virginia Street and is comprised of a 124-unit townhome style apartment subdivision. The development is anticipated to generate 894 weekday trips,with 59 trips occurring during the AM peak hour and 70 trips occurring during the PM peak hour. The Arizona Department of Transportation (ADOT) Transportation Data Management System indicated a 202o AADT Of 20,504 vpd along Apache Trail, between Ironwood Drive and SIR 88 Highway. Conservatively assuming general traffic flow will be utilizing Apache Trail to gain access to and from the site. The 894 daily trips generated by the proposed development would represent an approximate 4.4%increase in average weekday traffic along Apache Trail. In conclusion,the additional traffic generated by the proposed SEC Rennick Drive and Virginia Street residential development is anticipated to result in minimal traffic related impacts to the existing roadway network and the surrounding area. kaO ......... ., EcoVista Development LLC coloo� SEC Rennick Drive and Virginia Street residential ATTACHMENT A PROPOSED SITE PLAN ........... TYPICAL UNIT TYPE DESIGNATIONS PARKING SITE DATA BUILDING MODULE I BUILDING MODULE 2 TOTAL PARKING: 223 SP REQUIRED, 236 SP PROVIDED GROSS SITE AREA : ±300,570 SF (6.90 AC - AFTER LOT SPLIT) - STALL SIZE 900 : 9'-0" WIDE, 18'-0" LONG NET SITE AREA : ±291,800 SF (6.70 AC) UNIT 2.2 (±1,145 sf) UNIT 3.3(±1,630 sf) PARALLEL : 9'-0" WIDE, 22'-0" LONG CURRENT ZONING : RS-GR 2.2 2 BEDROOM UNIT OVER 3.3� 1 3 BEDROOM UNIT OVER PROPOSED ZONING : RM-2 2 CAR GARAGE - 2 CAR GARAGE REQUIRED PROVIDED SETBACKS (BSL): 20' FRONT & REAR, 1 O' SIDE INTERIOR & STREET UNIT 1.1 (±760 sf) 1 BEDROOM : 51 X 1.50 77 SP 51 GARAGE BUILDING HEIGHT : 35' ALLOWED IN CURRENT ZONING, 30' PROPOSED 000, UNIT 1.1 (±760 sf) 2 C 1 BEDROOM WITH 2 C I BEDROOM WITH 26 ON SITE NO. OF STORIES : 2 1 CAR GARAGE 1 CAR GARAGE 2 BEDROOM : 58 X 2.00 116 SP 86 GARAGE DWELLING UNITS (DU) 124 1 c 1 c 30 ON SITE DENSITY : 18 DU/AC (GROSS SITE AREA) 3 BEDROOM : 15 X 2.00 30 SP 30 GARAGE LOT COVERAGE : 50% ALLOWED, ±38% PROPOSED (±110,511 SF) 1 c UNIT 2.1 (±1,145 sf) 1 c UNIT 1.2(±850 sf) AMENITIES : OFFICE, CLUB, POOL, SPA, OUTDOOR KITCHEN 2.1 2 BEDROOM UNIT OVER 1 .2� 1 BEDROOM UNIT OVER VISITOR SPACES : 13 1 CAR GARAGE 1 CAR GARAGE LOADING ZONE 12'x35' : 1 REQUIRED, 1 PROVIDED UNIT MIX BUILDING TYPES 11 BED -2BED TOTAL 6.1 - (5) 6 UNIT (2) 10 (4) 20 (0) 0 30 6.2 - (4) 6 UNIT (3) 12 (2) 8 (1) 4 24 7.A - (1) 7 UNIT (1) 1 (2) 2 (4) 4 7 (3 ADA UNITS) 9 - (7) 9 UNIT (4) 28 (4) 28 (1) 7 43 TOTAL UNITS 51 58 15 124 41% 47% 12% 0 0 V) M < M A PA CHE H 01WES ZONE : B-2/PD BK 8, PC 50 ZONE : RS-20M ZONE : RS-20M M M/ 4' FIRE ACCESS 6' HIGH W.I. 4' FIRE ACCESS 4' FIRE ACCESS 4' FIRE ACCESS 16',HIG'Ht.l. MONUMENTSIGN- GATE VIEW FENCE GATE RENNICK DRIVE GATE n GATE VIEW FENCE MONUMENT SIGN - 824.14' ep Lu I n Lu 1 c 1 c 2.2 1 c 1 c 2.2 281-011 241-011 241-011 241-011 281-011 ic 2C 2C 2C ic 1 2C Lu 1 c 2C c ia ia Lu Lu 1 c 1 c 1 c 1 c 1 c Lu Lu Lu Lu Lu 10- 0, 2.2 2 C cc: 1 c 2.1 1 1 1 2*2 2 C cc 1 c 2.1 cc:/ 1 c 2.1 2.2 2 C 1 c 2.1 2.2 2 c 1 c 2.1 1 1 1 ;7 U- U- co ;r : I - BSL '00 '00 01 < C? < I < C? < < - 00. 2.1 ED BLDG 3.3 E:) BLDG 3.3 2.1 BLDG 201-0;0,,, /2 1 c BLDG 3.3 1 2.1 2.1 3.3 CD ic C) CD 1 c C) co 1 c C8 co ZONE : RS-20M CD GAT 1.1 1.1 ----/------- GATE 761-011 1 0� '00 E 1 C > 2c 3 1 c 2c 6 > 2c 8 1.1 1 c >- C\J 2C 12 1 C, C`J 2 C SEPARATE PARCEL L < < < 1 c BLDG L35 BLD 3: 1 c ic AFTER LOT SPLIT BLDG u3j: 1 c uj G I BLDG I cc cc cc cc TO ZONING B-2 1 c I c 1 c 1.2 4' FIRE ACCESS 2 2 c 4 2C 1.2 1.2 10 2C 14 2 '�LDG GATE 2.2 100� 10' BSL e- REFUSE V FIRE TRUCK TURN\ C? FIRE LANE REFUSE FIRE TRUCKTURN C? VP V- ENCLOSURE RADIUS ..r - 1:3- -'TYP. CNJ 1 c RADIUS CNJ ENCLOSURE 2.1 REFUSE ING FIRE LANE 1 c Cli coo 2.2 ENCLOSURE ZONE B-2 CA BLDG '\LL C2 Lu Lu c'! 2C 1 1 = cj� BLDG 3.4 < 2.2 < 2.2 c* 6' HIGH CMU 1 c ic BLDG BLDG BLDG .2 MAIL co Lu u- jj ; - - FENCE M 6' HIGH W.I. 2 --------- u- c 5 f, - 1 c 1 c 2C 9 1-1 2C13 1.1 2 C17 ic 2.1 VIEW FENCE � CLUBHOUS uj 1 c 1 c C) CD 1 c 1 c BLDG 3.A BLDG F' 3.3 U-j ZONE : RM-2 1 -1 i � 2.2 Lu 2 C (ADA) i 1 c 2.2 Lu 1 c Lu 00 2 C 1.1 7 2 C11-1, 2.1 2 C 2.1 �i C 2.1 ry- LLj 2 C Lu CC 3.3 -BLDG 1 c 1 c 3.3 3.3 1 c --------------------- �it : cr Lu -------- 1.1 2.2 152C , = 1.1 1 c 1.2 1 c 2C 3.5 1 c 2 C 4' FIRE ACCESS ----------- 2.3 1 c 1 c 1 c ic\ L 2.2 ------------------ FITNESIS I 1 1 c 2.1 GATE 241-011 1 c ic 3.3 2 C 1.A 1 1 c 1.2 1 c 3.3 2c 1.2 2C POOL � w � 1 C (ADA) 2C -272 � 2.1 2.2j 2,2 1 1 ic 281-011 241-011 1 c �4-4- 1Y 1 281-011 1 c -------------- 1 C 2.4 2C 2c 1.1 ic ic 2C 2.1 95"Ptr �= � � 1 c ------------ 1 c 1 c 2.A ADA) -[�S A 1 c 1 c -----F -F------ 2 C 2.1 2 C, 2.1 � 1 1 w W LO SAN, MARCOS-DRIVE- 92.74' FIRE LANE FIRE TRUCK TURN EXIT GATE U.G. STORM DRAIN cz C:) C/) RADIUS - TYP. PIPE HEADWALL cm DOG RUN 775.47' 6' HIGH CMU U.G. STORM DRAIN EXIST. CMU FENCE FENCE PIPE HEADWALL C) C) C) C) C) CD CD CD CD f'Y- cc ZONE : MHP cr- f'Y- cc ZONE : Mnr cc cc f'Y- f'Y- rr rr rr rr rr rr rr rr rr C) CD CD C) CD CD CD CD CD C-) C-3 C-3 C-) C-3 C-3 C-3 C-) C-) IX SITE PLAN EcoVista TH E E N C LAVE 124 UNITS 6,9 AC GROSS ON RENNICK DATE 5/21/22 1 C 2.1 CBLD G 1 2C 1.2 1C 00=1 1C M E 2!.1 C C 2C 2/C 2 4C �l 1 1C i c 1 C 1 C /P2 C ' 2 C cc: 1 C 1 C LBD G L 2.2 1 42 C LLD G cl 6 1c 1c 2 R1 BLDG 2 cl 3 C 1 c 1 �2 14 1 c LOG 7 '1 - .1 B 2-2 7 2 C 1 C 1 C .2 C ITNE� L 2.1 .1 1"c- 3.3 3.3 I 1� 2.1 t2. 2.2 1 EC3 2.1 RDA RON DEITRICK ARCHITECTS Development r o n d e i t r i c k . c o m 6 0 2 . 5 7 7 . 7 1 7 1 SEC RENNICK DR & VIRGINIA ST SCALE: 1 40' APACHE JUNCTION , ARIZONA 0' 20' 40' 80' EcoVista Development LLC coloo� SEC Rennick Drive and Virginia Street residential ATTACHMENT B PINAL COUNTY ASSESSOR 2/7/22,8:47 AM Parcel Search-Pinal County Parcel Search* Start a New Search J Parcel Details (101-13-1080) Previous year valuations are subject to change as prescribed in the Arizona Revised Statutes. All changes in value may not be reflected in this data. For updated/correct figures, please refer to the Treasurer's Office website. % g�ompgrable Prop_grties Print View % Link to This Parcel f& Parcel Number 101-13-1080 shows the following information for Tax Year: r 2022 - �Iax Yea—Chart Parcel Number: 101-13-1080 (View Tax Info) Primary Owner: D V ARNOLD REALTY LLC --IRange: 08E Name 2: Section:1 20 1 Township:1 01N Map: Assessor Parcel Viewer In C/O: Property Description: (What is this?) Tax Bill Mailing Address S-944.53' OF N-1984.53' OF E-310.13' OF E1/2 Address: 870 W APACHE TRL E1/2 E1/2 NW OF SEC 20-1N-8E I City: APACHE JUNCTION State: AZ Zip Code: 85120 Date of Recording: 4/1/2021 Property Address (Location): Sale Amount: $655,000.00 Document(s): Subdivision: 2021-040727 Unit: Block: Lot: Phase: 2002-070042 Yes No Cabinet: Slide: Widow X Widower X Disabled X Senior Freeze X Imp: 1 1.00 Item: Commercial Yard Improvements Const year: 1982 Grnd Fir Perim: 1 Stories: Total Sq. Ft.: 1 1/3 2/7/22,8:47 AM Parcel Search-Pinal County Parcel Size: 6.72 Size Indicator: Acres Tax Area Code: 4308 (Rates current as of 2021) Use Code: 0192 Land Legal Class: 02RL - Vacant Land / Non-Profit Imp Impr. Legal Class: 02RI - Residential Imp / Non-Profit Imp Full Cash Value (FCV): $880,341.00 !QOMPARABLE PROPERTIES Limited Value (LPV): $328,935.00 Real Property Ratio: Assessed FCV: $132,052.00 Assessed LPV: j $49,340.34 Attached Personal Property: I No Personal Property Listed Assessor Use Codes [Close] Details for Use Code 0192 1 imary Use: R 6si8e ............... hti6l' ..................................... Category: Site Built Residence,Miscellaneous Sub-Category: �'Urban,Non-Subdivided *The data presented on this website is deemed reliable but not guaranteed. This information should be used for informational use only and does not constitute a legal document for the description of these properties. The Pinal County Assessor's Office disclaims any responsibility or liability for any direct or indirect damages resulting from the use of this data. 2/3 EcoVista Development LLC coloo� SEC Rennick Drive and Virginia Street residential ATTACHMENT C TRIP GENERATION "th Edition Trip Generation Calculations Land Use ITE AM Peak Hour AM Peak Hour Cede Qty Unit Rate %In %Out Total In I Out Single-Family Attached Housing 215 124 Dwelling Units 7.2. 5.% 50% -.48 31% 69% 0.57=57% 43% 893 447 446 6o '9 41 71 40 31 Average Single-Family Attached Housing 215 124 Dwelling Unit, 4.70 5.% 50% 2 31% 69% -.17 57% 43% 583 292 291 15 5 10 21 12 9 Minimum Single-Family Attached Housing 215 124 Dwelling Units 97 5.% 50% -.74 31% 69% 1.25 57% 43% 1,36. 68. 68. 92 29 63 155 88 67 Maximum AM Peak Hour AM Peak Nl�ut Land Use lud Qty Unit ,.a In I, E ion I % out T 1 11 In o"I Single-Family Attached Housing D-11,1ing T=7.62(X)-50-48 50% 50% *5.70 31% 69% T=.60(X)-3-93 57% 43% -94 447 447 Equation 215 124 t� T=.52( 59 41 1 70 40 30 Sa.,�nd,,rdoDevviltioon .6, 114 o.18 Single-F.mily Atta,hed Housing no ,St.(,ia, 22 16 5, Average Si�e 12. 135 136 W 0.94 ..92 ..91 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 17. File ID: 22-540 Sponsor:Jennifer Pena Agenda Date:9/6/2022 Index: In Control: City Council Meeting Executive Session at 6:00 P.M. for Monday, September 19, and Tuesday, September 20, 2022, 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 813112022 CITY COUNCIL MEETING ROLL CALL Date: q—6-,7� Work Study Regular -1 Special S: E: S:9!03 E:6,1� S: E: CITY COUNCIL: Present Ab/excu Present Ab/excu Present Ab/excu MAYOR WILSON V� VICE MAYOR RIZZI COLINCILMEMBER EVANS COUNCILMEMBER HECK COUNCILMEMBER JOHNSON COLINCILMEMBER NESSER COLINCILMEMBER SCHROEDER TOTAL CITY STAFF: Present Ab/excu Present Ab/excu Present Ab/excu City Manager Bryant Powell IL/ Assista-nt City Manager Matt Busby V/ City Clerk Jennifer Pena k/ City Attorney Joel Stern Assist to City Manager Anna McCray Public Information Officer Al Bravo X/ Public Safety Director Michael Pooley V/ Dev Services Director RudyEsquivias PW Director Michael Wever Parks& Rec Director Liz Langenbach ED Director Janine Solley Library Director Pam Harrison Finance Director Leslie DeReche HR Director Interim Anna McCray Water District Director Mike Loggins M u nicipa I J udge A. Doug LaSota OTHERS: Deputy City Clerk Evie McKinney Int.Planning Manager Building&Safety Mngr AdrianAlegria Senior Planner Sidney Urias Planner Kelsey Schattnik Associate Planner Nick Leftwich PW Project Engineer Raquel Schatz City Engineer Emile Schmid 4&t,,k�4 2LLW�6 ?U,Vf;L S:\Teftlates& rorms\Roll Call -City Council-Attendance.docx City Council VOTE - ROLL CALL ITEM # MEETING OF C31 z MOTION BY: SECONDEDBY: NOTES: YES NO ABSTAINED CITY COUNCIL COLINCILMEMBER SCHROEDER VICE MAYOR RIZZI v", COLINCILMEMBER NESSER v", COUNCILMEMBER EVANS COUNCILMEMBER HECK COUNCILM EMBER JOHNSON MAYOR WILSON TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 1 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # 1*3 6�� 3. MEETING OF -7-oZ 2 MOTION BY: -SECONDED BY: )a-A NOTES:- 410 J1.0 f Af=hlrc clza el— C YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COUNCILMEMBER EVANS COUNCILMEMBER HECK COLINCILMEMBER SCHROEDER v VICE MAYOR RIZZI V/ MAYOR WILSON V TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 2 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM # MEETING OF Q;7 2- MOTION BY: Sc6a4jea- SECONDED NOTES:— Z) "C A YES NO ABSTAINED CITY COUNCIL: COLINCILMEMBER SCHROEDER COLINCILMEMBER NESSER COLINCILMEMBER EVANS C OUNCILMEMBER JOHNSON VICE MAYOR RIZZI COLINCILMEMBER HECK MAYOR WILSON V/ V/ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 3 S:/5—Templates&Forms/Vote Call—City Council City Council VOTE - ROLL CALL ITEM #_1__1 MEETING OF q-(0-eQQ MOTION BY: 6,Lae -SECONDED BY: NOTES: e- YES NO ABSTAINED CITY COUNCIL: COUNCILMEMBER HECK COLINCILMEMBER EVANS V10, VICE MAYOR RIZZI COUNCILMEMBER NESSER COUNCILMEMBER JOHNSON COLINCILMEMBER SCHROEDER L/ MAYOR WILSON V/ TOTAL UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Vote sheet 4 S:/5—Templates&Forms/Vote Call—City Council CITY OF APACHE JUNCTION All r- 7y' !� Mayor's Script Tuesday, September 06, 2022 A. CALL TO ORDER tall this 7,jty C' r7' vould ,like:to &rd r] _,�df Apac, e Junction Coun: il Meeting .... B. INVOCATION AND"PLEDGEOF ALLEGIANCE TheJn'v6cation'wi_11b_e-1ed_by_Vi�_bM�aVor,:Rizii & the,010d,ge byCou ncil-mer0ber C. ROLL CALL D. CONSENTAGENDA 4 a-,'r e—m—i n-—d—e' r----:A-I I—i—te-ms-u--n,--d__e_f,I K-6,C o In s e n t Ag ein"d,a,w-i I I b e -a pp r 6 v e d,,w I t o In e m 6 i i o n sl ,pouncil,m' emberw' ish,es--toremove,'a:n,-ite"m' forfurtherdis—c'ussfon, the re'. estwil]-be-ma' qu pTi-or to provink the consent:agenda andiwAll be moved to' New' �Business2 1. Consideration of acceptance of agenda. 2. Consideration of approval of minutes of the regular meeting of August 16, 2022. 3. Consideration of approval of Resolution No. 22-30, an IGA with Town of Gilbert for cooperative law enforcement training operations. 4. Consideration of approval of purchase of firearms from ProForce-Law Enforcement in the amount of $95,357.09 5. Consideration of approval of Resolution No. 22-35 consenting to the assignment of certain developer rights and obligations under the District Development, Financing Participation, Waiver and Intergovernmental Agreement for Superstition Vistas Community Facilities District No. 2. 6. Consideration of approval of Resolution No. 22-32 for the city to enter into an intergovernmental agreement with Pinal County Flood Control District for the planning and design for the Weekes Wash Regional Multi-Purpose Stormwater Detention Facility flood control project. 7. Consideration of approval of the procurement of new and replacement fleet vehicles and accessories budgeted for the current fiscal year utilizing the cooperative contract with the State of Arizona Contract Numbers CTR059322, CTR060664 and CTR041810 for a total purchase of$1,457,550.00. 8. Consideration of approval to dedicate the Prospector Park Softball Complex to former Parks and Recreation Director, Jeff Bell. motion on the conse�Ca cla r I wclitfo-r the' "Motion cind:the.'_2nid, RL911 qaII E. AWARDS, PRESENTATIONS AND PROCLAMATIONS— -Jennifer tb §tart 9. proclamation designating the week of"September 17 through September 23, 2 �',ColhstitutionWeeL` (Kelly McDonald will accept the proclamation, she is the Constitution Week Committee Chair for the Apache Trail Chapter Daughters of the American Revolution (DAR) F. REGIONAL INTERGOVERNMENTAL UPDATES 10. '�egiohal Inte htal" !jgroNi�E�r.nrTT____ meeting:uodatesi from Council G. CITY MANAGER'S REPORT 11. qi�tyMan ige�kqp�rt.-, Brybnt to report: 12. Announcement of Current Events.,,' Al Bravd:td.reoort H. PUBLIC HEARINGS 13. A plication for a.new Series 12 Rbstaurant'Li uor License f0r7umbleweed Grill Bar 9-1-1—T :je'nnifer to report Open Public Hearing for comments, Close public hearing Do I-have 8 motion? waitforthe �notion andthe2nd ko—licill 14. ,Presentation,�clikus§')ion, p,ubt' ' h ndc6riside'rkion of Ordi'nah' e No. y_ic earing a c -.15t Zo S i d n ey: to'.re-06 rt Open Public Hearing for comments, Close public hearing I:haVe' a motion?'I waitfor the motion:and the.2nd gp�l�a I I 1. OLD BUSINESS - ,Nj�qld-Bus' ines-�-," J. NEW BUSINESS 15. Present�tidn and cliscus�ioh on' PW 22-18 Trash and 110cycI6 Material fbr'citV-7bwne.j tilc (No motion - Not on for action) �ilities] 4eather to start 16. resOntation and discussion of case P-22t2'9-PZ, a proposed rezoning qf the 0 U-4--unit multi-fao!y _�esiclential -apartment cotnmunity tentatively known- as "Thd " d ' 1. . I � Wes nclave on enn'ck,'" an the sb,Uth 76 feet of Parcel,-101-13-1080 to B-2 "'Old Pornmercial. Nicholas't6-start (No motion - Not on for action) K. COUNCIL DIRECTION TO STAFF - None L. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES 17. Executive Session at 6:00 P.M. for Monday, September 19th and Tuesday, September 2 oth, 2022 in the city council conference room located at 300 E. Superstition Boulevard in Apache Junction, Arizona and other meetings scheduled if necessary. ,Do-1 -have-amotion on the next:rneeiihg dates. w0itfor:the motion and the.2nd Roll-Calli M. CALL TO PUBLIC fl-wo—uld*-Ii--k-*e--t-O--,r-iR- -----�----,---,------ mind �KqNqn'e-that th-e-C81.1.to the Public it.a courtesy and not reguired-�Y` a It is a time,for the pu_4 i�tq-�xp sr� uests,�cornmunications,.comments aincl,,stjggestions�, je��__q ,Request to 8peak-forms must be.completed 8n,dfianded to-th-0,city clerk before the end of, Li�e ciut�rp nage!�� rep rt,,', -al manner witho' pre ent d in a profession- yt 1p�rsonal attacks. ,Under the open.-meeting law the-council cannot eng,;�g n,discussion on'the issues presentedl- -but may respond t6triticism.and rnaydirect staff t6follow-up-with the speake !di r�ctjy,and r p I�c I I -matter on a fut.ure agenclaforc I ouncil discussioni There is.a threo-minute,liMit for-each �p. q�kerl I have requests to speak, (call on first speaker) Does coun'ci.l-*h'ave any rq�quests-of staff to.-followup on?, N. ADJOURNMENT— I adiou:rn this me!R tini Click or tap to enter a date. CONSENT AGENDA ITEM NOS. 1-8 1 MOVE THAT THE CONSENT AGENDA BE APPROVED AND ACCEPTED AS PRESENTED. PUBLIC HEARING ITEM NO. 13 1 MOVE THAT THE APPLICATION FOR A NEW SERIES 12 RESTAURANT LIQUOR LICENSE SUBMITTED BY JEFFREY MILLER FOR THE TUMBLEWEED GRILL& BAR, LOCATED AT 725 W APACHE TRAIL, NO. 2A, APACHE JUNCTION, AZ., BE RECOMMENDED FOR (APPROVAL) OR (DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Note: If the motion is for denial, the reasons for the denial must be included in the motion PUBLIC HEARING ITEM NO. 14 1 MOVE THAT ORDINANCE NO. 1527 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (CALL UPON THE CITY CLERK TO READ ORDINANCE NO. 1527 BY TITLE ONLY. (MAJORITY VOTE REQUIRED TO READ BY TITLE ONLY.) I MOVE THAT ORDINANCE NO. 1527, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR (BE DENIED). I MOVE THAT ORDINANCE NO. 1527, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: NEW BUSINESS ITEM NO. 15 FOR PRESENTATION AND DISCUSSION ONLY. ITEM NO. 16 FOR PRESENTATION AND DISCUSSION ONLY. ITEM NO. 17 1 MOVE THAT AN EXECUTIVE SESSION AT 6:00 P.M. FOR MONDAY, SEPTEMBER 19, AND TUESDAY, SEPTEMBER 20, 2022, BE HELD IN THE CITY COUNCIL CONFERENCE ROOM LOCATED AT 300 E SUPERSTITION BOULEVARD IN APACHE JUNCTION, ARIZONA AND OTHER MEETINGS SCHEDULED IF NECESSARY. ADJOURNMENT: Date: C1 CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: I would like to speak on a Non-Agenda matter regarding: OoM m u rij'iv (7' Do you wish to speak before Council on this item? Yes /X No Only If Necessary —1 am in favor of the proposed Item. I am opposed to the proposed Item. (� ,nc+ k e M -e—C L First Name Last Name (PRINT) lza7 1 � Address City Zip Code �--S0':�- 7 a 4--_r (V rL 1xo � CQ/-V— Telephone Email address V This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 1, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019 Date: CITY OF APACHE JUNCTION REQUEST TO SPEAK FORM Please fill out completely and return to the City Clerk PRIOR to the conclusion of the City Manager's Report portion of the agenda. I would like to speak on Agenda Item #: / I would like to speak on a Non-Agenda matter regarding: C, zf� �// ION* Do you wish to speak before Council on this item? Yes No Only If Necessary I am in favor of the proposed Item. I am opposed to the proposed Item. First Name Last Name (PRINT) 2. C/ q Cl t/V Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. Consent for Minor to be Audio and/or Video Recorded: 1, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the internet video stream showing their participation. A.R.S. § 1-602 (A)(9). Signature of Parent/Guardian Date 08/26/2019