Vista Bonita Final SLOPE EASEMENT.pdf

When Recorded, Return To:

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

Attn: Mari Flynn

SLOPE EASEMENT AGREEMENT

This Slope Easement Agreement (this “Agreement”) is made and entered into this 2 *
day of February , 2026 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”).

RECITALS

A. Grantor owns that certain real property described on Exhibit A attached hereto
(“Grantor Property”).

B. Grantee holds the exclusive option to acquire that certain real property adjacent to
and west of the Grantor Property described on Exhibit _B attached hereto (“Benefitted
Property”) from GMCD Vista Bonita LP, a Delaware limited partnership (“Owner”). Grantee
intends to develop the Benefitted Property as a residential community.

C. On the terms and conditions more fully set forth below, Grantor has agreed to
grant an easement in, on, over, under, and across the portion of the Grantor Property legally
described on Exhibit C attached hereto (“Easement Area”) for the purpose of constructing,
installing, using and operating a graded slope within the Easement Area (“Easement Purpose”).

AGREEMENTS

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Grantor and Grantee agree for themselves and their successors,
successors-in-title and assigns, as follows:

1, Grant_of Easement. Grantor hereby grants to Grantee and its contractors, sub-
contractors, consultants, employees, agents, and other representatives (the “Permittees”), as an
appurtenance to the Benefitted Property, a perpetual, exclusive easement (the “Easement”) on,
over, under and across the Easement Area for the Easement Purpose.

2. Construction of Improvements. Grantee, at its sole cost and expense, shall
construct the graded slope within the Easement Area in substantial conformance with the grading
plans approved by the City. In all events, the graded slope shall not exceed six feet horizontal
distance for every one foot of vertical rise (6:1).

3. Insurance. Grantee shall maintain an insurance policy with a financially
responsible insurance company against claims for bodily injury, death or property damage claims

1

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. Maintenance of Slope Improvements. The City, at its sole cost and expense, will
be responsible for maintaining and repairing the graded slope within the Easement Area in good
condition and state of repair so as to preserve its intended function.

5. Default; Remedies.

(a) Generally. As used herein, the term “Default” shall mean the failure by a
party (“Defaulting Party”) to perform any of its obligations under this Agreement, which failure
remains uncured for a period of thirty (30) days following delivery of written notice from other
party (the “Non-Defaulting Party”); or, if the alleged default or failure to perform is of a type
that cannot be remedied within thirty (30) days, then such longer period as may be reasonable
under the circumstances, if remedy is commenced by Defaulting Party within thirty (30) days
after delivery of such written notice and is thereafter diligently pursued to completion.
Notwithstanding any contrary provision of this paragraph, in the event of emergency, the cure
period shall be shortened to such period of time as is reasonable under the circumstances. In the
event of Default, the Non-Defaulting Party shall have all rights and remedies against the
Defaulting Party as may be available at law or in equity; provided, however, that any action for
damages shall be limited to those actual damages directly arising from the breach or default;
each party hereby waiving and covenanting not to pursue any other damages such as incidental,
consequential or punitive damages. The rights and remedies of each party herein are intended to
be cumulative, non-exclusive, and exercisable singularly, consecutively, or concurrently with
any others.

(b) — Self-Help. In addition, the Non-Defaulting Party shall have the right, but
not the obligation, to exercise self-help and undertake such actions as are reasonably necessary to
cure the non-performance by the Defaulting Party (including, but not limited to, the performance
of necessary maintenance work to cure the Default condition). In such event, the Non-
Defaulting Party shall be entitled to reimbursement from Grantee, upon written demand therefor,
of all amounts expended by Grantor in connection with such cure, together with interest thereon
at the rate of ten percent (10%) per annum from the date expended until repaid in full.

6. Run With The Land. The Easement herein granted and the agreements herein
contained in connection therewith will all be easements and covenants running with the land and
will inure to the benefit of, and be binding upon, the parties hereto and their respective
successors, successors in title, and assigns, except as otherwise set forth in Sections 7 and 8
below.

7. Owners Association. Following the establishment of a homeowner’s association
for the Benefitted Property (“Owners Association”), pursuant to a recorded declaration of
covenants, conditions and restrictions, (a) all rights and obligations of Grantee shall
automatically be deemed to be assigned to, and assumed by, the Owners Association (whether or

not one or more other persons hold fee simple title to any portion of the Benefitted Property), (b)
the Owners Association shall be solely responsible for the performance of the obligations of
“Grantee” or the owner of the Benefitted Property under this Agreement, and (c) the Owners
Association shall have the sole authority to enforce, modify, rescind or amend in whole or in part
this Agreement on behalf of the Benefitted Property without the approval or consent of any other
owner of the Benefitted Property. Any assignment by the Owners Association of the rights and
obligations hereunder shall require the advance written consent of the City. Without the City’s
advance written consent, any purported assignment shall be null and void.

8. Release of Public Lots. As used herein, the term “Public Lot” shall mean (a) any
single-family residential lot located on the Benefitted Property that (i) is the subject of a recorded
subdivision plat, and (ii) has been improved with a residence and for which a certificate of
occupancy has been issued, and (iii) has been conveyed in fee simple title to a retail purchaser, or
(b) any portion of the Benefitted Property that is subsequently conveyed to any governmental
authority such as, but not limited to, right of way dedicated to the City or any other governmental
authority. The owner of a Public Lot will not be deemed to succeed to the rights or obligations
of the Grantee contained in this Agreement, it being intended that this Agreement is not deemed
to be an encumbrance on any Public Lot, or shown as a title exception upon the conveyance of
any Public Lot to a retail homebuyer, and any title insurer can rely on this paragraph when
issuing any commitment to insure title to any Public Lot or when issuing a title insurance policy
for any Public Lot.

9. 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.

10. Entire Agreement: Amendments. 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.

11. 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.

12. 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.

13. 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.

14. | 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, the parties hereto have executed this Agreement as of the date
set forth above.

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

Name: Mary LIV Am nal
its: Divisyon  Pesi ten

STATE OF ARIZONA )
) ss.
County of Maricopa )

Acknowledged before me this ay” day of Februar 2026, by
Ma++ hinaman ,the Division President

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

Commissron Expures Marck |, 2026 pbum Mardall

Notary Seal/Stamp Notary Public

DAWN L CRANDALL
Notary Public - Arizona

ls Maricopa County
Commission # 625544
Sit” ~My Comm. Expires Mar 1, 2026

CONSENT OF OWNER

The undersigned, as the owner of fee title to the Grantee Property, hereby consents and
agrees to the recording of this Agreement.

GMCD VISTA BONITA LP, a Delaware limited partnership

By: | GM Capital Delaware GP LLC, a Delaware limited liability company
Its: | General Partner

Name: Seth Greenspan J)
Title: Vice President

PROVINCE OF ONTARIO, CA _)
) ss.
CITY OF TORONTO )

This instrument was acknowledged before me this ID day of FOBRULL P
2026, by Seth Greenspan as Vice President of GM Capital Delaware GP LLC, a Delaware
limited liability company, the General Partner of GMCD VISTA BONITA LP, a Delaware
limited partnership, for and on behalf thereof.

NotarySeal/Stamp: 3, Notary Public C

MARIO ERNESTO DELGADO

Banister & @ulicitor, Notary Public, and Commissioner of Qaths
in and for the Province of Ontarte, Canada.
My Commission dees not expire.

Neatary Public registered with the Consulate General of the United Btares

ef Amarice in Tarante, Ontario, Canada for au‘swntication gurposas.

EXHIBIT A
Legal Description of Grantor Property

[Attached]

EXHIBIT A

LEGAL DESCRIPTION

J we. CITY OF BUCKEYE
BUCKEYE, AZ Engineering Department

Exhibit “A”
Apache Road
Water Campus
Legal Description

4 parcel of land situated in a portion of the northwest quarter of Section 28, Township 1 North,
Range 3 West of the Gila and Salt River Meridian, City of Buckeye, Maricopa County, Arizona,
more particularly described as follows:

COMMENCING at the.north quarter corner of said Section 28, manumented by.a brass cap with
LS No. 29891, from which the northwest corner of said Section 28, monumented by a brass cap
in hand hole bears as a BASIS. OF BEARINGS South 89°41'38" West, a distance of 2649.51

feet;

THENCE, along the east line of the northwest quarter of said Section 28 and the westerly
boundary line of Sonoran Vista Unit 2 as recorded in Book 891, Page 28, Maricopa County
Records, South 00°12'02” East, a distance of 33.00 feet to the southerly right of way line of
Broadway Road.as recorded in’ Book 3, /"2ijé! 99'S" wad Maps, Maricopa County Records, also
being the POINT OF BEGINNING;

THENGE, continuing along said east line, South 00°12'02" East, a distance of 1288.38 feet to the
north line of the south 1345.00 feet of the northwest quarter of said Section 28;

THENCE, departing said east line, along said north line, North 89°50'48" West, a distance of
707.27 feet;

THENCE, departing said north line, North 00°09'12" East a distance of 1280.75 feet to the
southerly right of way line of Broadway Road as recorded in Book 3, Page 16 of Road Maps,
Maricopa County Records;

THENGE, along sald right of way line, North 89°41'38" East, a distance of 699.35 feet to the
POINT OF BEGINNING.

The above described parcel of land contains 902,732 square feet or 20.7239 acres more or less,
Subject to.all covenants, rights of way and easements of record. - ). if

Exhibit “B” attached and by this.reference made a part hereof.

cExrzes Sl

530 East Monroe Avenue * Buckeye, Arizona 85326
Phone 623-349-6211 * Fax 623-349-6222 = www, buckeyeaz.goy

EXHIBIT A

LEGAL DEPICTION

APACHE ROAD

WATER CAMPUS _ nortH 1/4 CORNER
SEC 28, TIN, R3W
BROADWAY ROAD FOUND BRASS CAP
LS #29891
(BASIS OF BEARINGS) | POINT OF COMMENCEMENT
__ $89°41'38"W 2649.51 s017'02"E
a mS | Neo413B"E 699.35" _
care \
Woo 33.00' R/W —
=
| ZNS BOOK 3, PAGE 16 L she
GO SX ny OF ROAD MAPS,
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NORTH LINE OF THE
SOUTH 1345.00" OF THE
NORTHWEST QUARTER OF
SECTION 28

N89°50°48"W. 707.27"

a
Gree

BUCKEYE, AZ

ORIGINAL-PLAN DATE
02.05.2018

REVISION DATE
02.06.2018

PROJECT
VISTA BONITA,

SHEET NUMBER:
SHEET 1°OF 1

EXHIBIT B
Legal Description of Benefitted Property

[Attached]

Legal Description of the Property

The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is
described as follows:

PA?CEL 1:

THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 1 NORTH,
RANGE 3 WEST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA;

EXCEPT THE EAST 261.00 FEET OF THE WEST 1218.00 FEET OF THE NORTH 358.50 FEET OF
SAID NORTHWEST QUARTER;

AND EXCEPT ANY PART LYING WITHIN THE SOUTH 1345.00 FEET OF THE NORTHWEST
QUARTER;

AND EXCEPT THE NORTH 33.00 FEET;
AND EXCEPT THE WEST 40.00 FEET; AND

EXCEPT THE FOLLOWING DESCRIBED Plhnotia’Beciment” AS SET FORTH IN FINAL ORDER OF
CONDEMNATION RECORDED JUNE 25, 2019 AS 2019-478306 OF OFFICIAL RECORDS:

A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF SECTION
28, TOWNSHIP 1 NORTH, RANGE 3 WEST OF THE GILA AND SALT RIVER MERIDIAN, CITY
OF BUCKEYE, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 28, MONUMENTED
BY A BRASS CAP WITH LS NO. 29891, FROM WHICH THE NORTHWEST CORNER OF SAID
SECTION 28, MONUMENTED BY A BRASS CAP IN HAND HOLE BEARS AS A BASIS OF
BEARINGS SOUTH 89 DEGREES 41 MINUTES 38 SECONDS WEST, A DISTANCE OF 2649.51
FEET;

THENCE, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28
AND THE WESTERLY BOUNDARY LINE OF SONORAN VISTA UNIT 2 AS RECORDED IN
BOOK 891 OF MAPS, PAGE 28, MARICOPA COUNTY RECORDS, SOUTH 00 DEGREES 12
MINUTES 02 SECONDS EAST, A DISTANCE OF 33.00 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF BROADWAY ROAD AS RECORDED IN BOOK 3, PAGE 16 OF ROAD MAPS,
MARICOPA COUNTY RECORDS, ALSO BEING THE POINT OF BEGINNING;

THENCE, CONTINUING ALONG SAID EAST LINE, SOUTH 00 DEGREES 12 MINUTES 02
SECONDS EAST, A DISTANCE OF 1286.38, FEET TO THE NORTH LINE OF THE SOUTH 1345.00
FEET OF THE NORTHWEST QUARTER OF SAID SECTION 28;

THENCE, DEPARTING SAID EAST LINE, ALONG SAID NORTH LINE, NORTH 89 DEGREES 50
MINUTES 48 SECONDS WEST, A DISTANCE OF 707.27 FEET;

THENCE, DEPARTING SAID NORTH LINE, NORTH 00 DEGREES 09 MINUTES 12 SECONDS
EAST A DISTANCE OF 1280.75 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
BROADWAY ROAD AS RECORDED IN BOOK 3, PAGE 16 OF ROAD MAPS, MARICOPA
COUNTY RECORDS;

THENCE, ALONG SAID RIGHT OF WAY LINE, NORTH 89 DEGREES 41 MINUTES 38 SECONDS
EAST, A DISTANCE OF 699.35 FEET TO THE POINT OF BEGINNING.

EXHIBIT C
Legal Description of Easement Area

[Attached]

Gite

Exhibit "C"
Vista Bonita
Slope Easement Legal Description

Job No. 19-1227.4 November 18, 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,
184.63 feet to the POINT OF BEGINNING;

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, 128.13 feet;
Thence North 89 degrees 52 minutes 00 seconds West, 31.00 feet;
Thence South 0 degrees 08 minutes 00 seconds West, 458.45 feet;
Thence North 89 degrees 51 minutes 27 seconds West, 10.00 feet;

Thence North 0 degrees 08 minutes 00 seconds East, 1128.97 feet to the
POINT OF BEGINNING.

-PS Group, Inc. e 11

S:\Projects\2019\19-1227\Legal Survey\Legals\19-1227.4 Slope Exhibit Legal Description.docx

GHP

Said easement containing 15,262 square feet, or 0.3504 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, Country and/or Municipality, or any other land division restrictions.

AZ 85201

EPS Group, Inc. « 1130 N. Alma School Rd, Suite 120 e Mesa,
Tel (480) 503-2250 e Fax (480) 503-2258
S:\Projects\2019\19-1227\Legal Survey\Legals\19-1227.4 Slope Exhibit Legal Description.docx

i

—1227\Legal Survey\Legals\19—1227.4 SLOPE EASEMENT Exhibit.dwg

Nov 18, 2025 4:50pm S:\Projects\2019\ 19

EXHIBIT "C"

POINT OF
COMMENCEMENT
FOUND MAG NAIL
NW 1/4 SEC 28,
TIN, R3W G&SRM

1950.13"

| POINT OF
BEGINNING
|
a2
om:
ca
Ww SLOPE EASEMENT
TH 15,262 S.F. OR
O 5 0.3504 AC. +-
ge
IB

FOUND BCHH
W 1/4 COR SEC 28,
TIN, R3W G&SRM

NO°08'00"E 1128.97°

BROADWAY ROAD

N89°41'00"E 2649.28’
(BASIS OF BEARINGS)

"699.15"

FOUND BCF
N 1/4 COR SEC 28,
TIN, R3W G&SRM

FOUND BCF
CENTER OF SEC 28,
TIN, RSW G&SRM

L8

N89°51'27°W 2648.82"

ROBERT A.

ROESER ROAD

SO1314"E 2664.25"
(ALIGNMENT)

239TH AVENUE

NU

19-1227.4

JOHNSTON 4?
XE
g I" = 300'
S 150 0 300
2
£ scale feet
Drawn by: TJP [Reviewed by: RAJ |Sheet Scale: 1"=300' SheetNo: | of 2

VISTA BONITA
SLOPE EASEMENT EXHIBIT

EPS

EXHIBIT "C"

G

GROUP

1130 N. Alma School Rd.
Ste. 120 Mesa, AZ 85201
T:480,503,2250 | F:480.503.2258
WwwWW.epsgroupinc.com

jects\2019\19-1227\Legal Survey\Legals\19—1227.4 SLOPE EASEMENT Exhibit.dwg

EXHIBIT "C"

LINE TABLE

LINE BEARING LENGTH

Lt | S00°08'00"W | 184.63"

L2 | S89°52’00"E | 10.00’

L3 | S00°08'00"W | 542.39"

L4 | $89°52’00"E | 31.00

L5 | S00°08'00"W | 128.13°

L6 | N89°52'00"W | 31.00’

L7 | S00‘08'00"W | 458.45”

L8 | N89°51'27"W | 10.00’

ROBERT A.

IS JOHNSTON 4?

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st || Drawn by: TJP |Reviewed by: RAJ }Sheet Scale: NTS SheetNo: 2 of 2 |
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q VISTA BONITA 1130 N. Alma School Rd.
7 SLOPE EASEMENT EXHIBIT = Ste, 120 Mesa, AZ 85201
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