Vista Bonita Final TCE.pdf

When Recorded, Return To:

Starlight Homes Arizona L.L.C.
15333 N. Pima Rd., Suite 205
Scottsdale, AZ 85260

Attn: Mari Flynn

TEMPORARY CONSTRUCTION EASEMENT

This Temporary Construction Easement (this “Agreement”) is entered into as of

, 2026 (the “Effective Date”) by and between City of Buckeye, an

Arizona municipal corporation (“Grantor” or “City’”), and Starlight Homes Arizona L.L.C., a

Delaware limited liability company (“Grantee”). Grantor and Grantee are sometimes
hereinafter referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS

A. Grantor is the owner of that certain real property described on Exhibit A attached
hereto (the “Easement Area’).

B. Grantee is the owner of real property located adjacent to and west of the Easement
Property (the “Grantee Property”).

Cc. Concurrently with the recordation of this Agreement, Grantor has granted and
conveyed to Grantee, by separate instrument, an easement over a portion of the Easement
Property for the purpose of constructing, installing, using and operating a graded slope
(collectively, the “Slope Improvements”) benefiting the Grantee Property.

D. Grantee has requested, and Grantor is willing to grant to Grantee, a temporary
construction easement upon, over, under, and across the Easement Area to construct the Slope
Improvements, in accordance with the terms of this Agreement.

AGREEMENTS

NOW, THEREFORE, in consideration of the Recitals and mutual covenants and
agreements contained herein, the Parties, intending to be legally bound, for themselves and their
successors and assigns, agree as follows:

1. Grant of Easement. Subject to the terms of this Agreement, Grantor hereby grants
and conveys to and for the benefit of the Grantee and its contractors, and their respective
contractors, subcontractors, agents, employees, designees, consultants and other representatives
(collectively, the “Permittees”) an easement in gross upon, over, under, and across the Easement
Area (the “Easement”) for the purpose of constructing the Slope Improvements.

2. Performance. During the term of this Agreement, Grantee shall comply with all
laws, ordinances, rules, orders, regulations, and requirements pertaining to the use of the

Easement Area. Grantee shall at all times keep the Easement Area free and clear of liens of any
mechanics’ and materialmen’s liens as a result of any work or other activity undertaken by
Grantee or its Permittees pursuant to this Agreement.

3. Indemnification: Insurance.

(a) Grantee agrees to indemnify, defend and hold harmless Grantor from and
against any and all losses, debts, third party claims, suits, actions, damages, liabilities,
judgments, costs and expenses (including reasonable attorneys’ fees and court costs incurred by
or made against Grantor) (“Claims”) arising from, related to or in connection with: (i) any bodily
injury, death, or property damage occurring on or about the Easement Area as a result of any
work or other activity undertaken by Grantee or its contractors pursuant to this Agreement; (ii)
any negligent or otherwise tortious act or omission on the part of the Grantee or its contractors;
or (iii) any mechanics’ or materialmen’s liens filed against the Easement Area as a result of any
work or other activity undertaken by Grantee or its contractors pursuant to this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, Grantee shall have no
obligation to indemnify, defend or hold harmless Grantor for any Claims to the extent arising out
of or relating to the negligence or willful misconduct of Grantor or its contractors,
subcontractors, agents, employees, designees, consultants and other representatives.

(b) Grantee shall maintain an insurance policy with a financially responsible
insurance company against claims for bodily injury, death or property damage claims by actions
occurring upon or in connection with the use of the Easement Area, which policy describes
Grantor as an additional insured. Grantee shall provide Grantor such evidence as Grantor may
reasonably request from time to time, that the insurance coverage provided by this paragraph is
in effect.

4. Term. This Agreement shall expire automatically without the necessity of
recording any document or instrument, if not previously terminated, on the date that is eight (8)
months following the date on which Slope Improvements have been completed and accepted by
the City.

5. Easement in Gross. The Easement is an easement in gross in favor of Grantee and
is not a covenant running with the land comprising the Grantee Property.

6. Default; Remedies. No breach of any provision herein contained shall entitle the
other Party to cancel, rescind or otherwise terminate this Agreement. Except as aforesaid, any
alleged, actual or threatened breach of either Party’s obligations hereunder shall entitle the other
Party to exercise any and all rights and remedies available to it at law or in equity; all such rights
and remedies being intended to be cumulative, and non-exclusive and exercisable singularly,
consecutively or concurrently with any others; provided, however, any claim for damages shall
be limited to the non-defaulting Party’s actual damages and the non-defaulting party shall not
seek, and hereby waives any right to receive, speculative, consequential, lost profits, punitive,
exemplary or any similar damages due to the defaulting Party’s default hereunder.

7. Attorney’s Fees. In the event of litigation between the Parties subject to this
Agreement, the prevailing Party shall be entitled to recover all reasonable costs and reasonable
attorneys’ fees incurred in connection therewith.

8. Entire Agreement; Amendment. The Agreement constitutes the entire agreement
between the Parties with respect to the subject matter hereof and supersedes all prior
negotiations, discussions or agreements. Neither this Agreement, nor any provision contained
herein, may be amended, cancelled, deleted, terminated or supplemented except by a writing
signed by both of the Parties.

9. Waivers. No provision of this Agreement, no breach thereof and no right or
remedy becoming available upon the happening of such breach can be waived, except by a
written instrument dated and executed by the Party against whom enforcement of such waiver is
sought. Each waiver shall apply to the particular instance and at the particular time only, and no
waiver shall be deemed a continuing one or as applying to any other provision hereof or other
prior, contemporaneous or subsequent breach or other available right or remedy.

10. Governing Law. This Agreement shall be governed by, construed and enforced in
accordance with, the laws of the State of Arizona applicable to agreements made and to be
formed wholly therein.

11. Severability. If any provision of this Agreement shall be judicially determined to
be invalid, illegal, or unenforceable in any respect, the remaining provisions hereof shall not be
affected thereby and shall continue in full force and effect.

12. Counterparts. This Agreement may be executed in one or more counterparts, each
of which together shall constitute one and the same original Agreement.

[Remainder of Page Intentionally Left Blank; Signature Pages Follow]

IN WITNESS WHEREOF, this Agreement has been made effective as of the Effective Date.

GRANTOR:

City of Buckeye, an Arizona municipal corporation

By:
Name:

Title:

STATE OF ARIZONA )

) ss.
County of Maricopa )
Acknowledged before me this _ day of 2026, by

, the
of City of Buckeye, an Arizona municipal corporation, for and on behalf thereof.

Notary Seal/Stamp Notary Public

GRANTEE:
Starlight Homes Arizona L.L.C., a Delaware limited liability company

Nampa Pe 7 Eovrgigen

C7

Its: LP Lane Ags hen,
STATE OF ARIZONA )

) ss.
County of Maricopa )

a ey before me _ this Wl day of Fe hr 2026, by
Jevemu Kamsdell sthe WF of hand Adapters

of Starlight Homes Arizona L.L.C., a Delaware limited liability company, Yor and on behalf
thereof.

Marck |, 2026 Omen Aenclall

Notary Seal/Stamp Notary Public

DAWN L CRANDALL

TED
\en\ Notary Public - Arizona
Cy Maricopa County
Commission # 625544
Swit” = My Comm. Expires Mar 1, 2026

EXHIBIT A

Legal Description of Easement Area

> EPS

GROUP
Exhibit “A”
Vista Bonita
Temporary Construction Easement Legal Description
Job No. 19-1227.4 December 20, 2025

A portion of the Northwest Quarter of Section 28, Township 1 North, Range 3
West of the Gila and Salt River Meridian, Maricopa County, Arizona, more
particularly described as follows:

COMMENCING at a found mag nail at the Northwest Corner of said Section 28,
from which a brass cap flush at the North Quarter Corner of said Section 28
bears North 89 degrees 41 minutes 00 seconds East, 2649.28 feet;

Thence along the North line of the Northwest Quarter of said Section 28, North
89 degrees 41 minutes 00 seconds East, 1950.13 feet to a point on said North
line;

Thence, departing said North line South 0 degrees 08 minutes 00 seconds West,
103.99 feet to the POINT OF BEGINNING;

Thence South 45 degrees 00 minutes 32 seconds East, 1.43 feet;
Thence North 89 degrees 41 minutes 00 seconds East, 13.99 feet;
Thence South 0 degrees 08 minutes 00 seconds West, 64.74 feet;
Thence South 89 degrees 52 minutes 00 seconds East, 10.00 feet;
Thence South 0 degrees 08 minutes 00 seconds West, 542.39 feet;
Thence South 89 degrees 52 minutes 00 seconds East, 31.00 feet;
Thence South 0 degrees 08 minutes 00 seconds West, 158.13 feet;
Thence North 89 degrees 52 minutes 00 seconds West, 31.00 feet;
Thence South 0 degrees 08 minutes 00 seconds West, 443.46 feet;

Thence North 89 degrees 51 minutes 27 seconds West, 25.00 feet;

lesa, AZ 85201

S:\Projects\2019\19-1227\Legal Survey \Legals\19- 1227. 4 TCE Exhibit Legal Description docx

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Thence North 0 degrees 08 minutes 00 seconds East, 1209.61 feet to the
POINT OF BEGINNING.

Said easement containing 34,472 square feet, or 0.7914 acres, more or less, and

being subject to any easements, restrictions, and/or rights-of-ways of record or
otherwise.

The description shown hereon is not to be used to violate subdivision regulations of
the State, County and/or Municipality, or any other land division restrictions.

ROBERT A,
JOHNSTON

£

EPS Group, Inc. » 1130 N. Alma School Rd, Suite 120 « Mesa, AZ 85201
Tei (4860) 5 0 » Fax (480) 503-2258
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EXHIBIT "B"

POINT OF
COMMENCEMENT
FOUND MAG NAIL
NW COR SEC 28, BROADWAY ROAD
TIN, R3W G&SRM N89°41'00"E 2649.28
(BASIS OF BEARINGS)
; 1950.13 s! /-12 699.15’
POINT OF BEGINNING ——=#
He FOUND BCF
LS N 1/4 COR SEC 28
, ,
L5 TIN, R3W G&SRM
|
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N89°51'27"W 2648.82’
ROESER ROAD

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VISTA BONITA 1130 N. Alma School Rd.
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT ty Ste, 120 Mesa, AZ 85201

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EXHIBIT "B"

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EXHIBIT "B"

LINE TABLE

LINE BEARING LENGTH
L1_ | S00°08'00"W | 103.99’
L2 | $45°00’32"E | 1.43
L3 | N89°41’00"E | 13.99’
L4 | S00‘08'00"W | 64.74’
LS | $89°52’00"E | 10.00’
L6 j S00°08’00"W | 542.39
L7 | $89°52’00"E | 31.00’
L8 | S00‘08’00"W |} 158.13
LO | N89°52'00"W | 31.00
L10 | S00°08’00"W | 443.46’
L411 | N89°51’27"W | 25.00’

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<t || Drawn by: TJP [Reviewed by: RAJ [Sheet Scale: NTS SheetNo: 2 of 2
a VISTA BONITA 1130 N. Alma School Rd.
7 ILTEMPORARY CONSTRUCTION EASEMENT EXHIBIT e Ste, 120 Mesa, AZ 85201
a A TABO.508 250 | 480503 258
aa) EXHIBIT "B" GROUP  wrwepsgroupinc.com