Development Agreement

WHEN RECORDED RETURN TO:
City of Mesa
Attn: Real Estate Department
20 East Main Street
Mesa, Arizona 85201
DEVELOPMENT AGREEMENT
This development agreement, dated __________________, 2026, is between the CITY OF
MESA, an Arizona municipal corporation (the “City”), and EXDEV PARK NORTH, LLC, an
Arizona limited liability company (the “Owner”).
RECITALS
A. Owner owns approximately 5.05 +/- acres of property located near the northeast
corner of S. Power Road and E. Guadalupe Road consisting of APN 304-05-982A, as legally
described in Exhibit A (the “Property”). The Property abuts Christopher J. Brady Park, formerly
known as Monterey Park (the “Park”), a City of Mesa park and recreation area, and is separated
from Guadalupe Road by a parcel owned by the Flood Control District of Maricopa County (the
“District”).
B. The Property is currently zoned Limited Commercial with a Planned Area
Development overlay zone (“LC-PAD”). Owner is requesting a rezoning from LC-PAD to RM-3-
PAD to allow for an attached, single residence development on the Property through Zoning Case
ZON24-00708.
C. Due to the location and configuration of the Property, the parties agree to enter into
a development agreement to address requirements for the rezoning, including construction and
maintenance of two pedestrian pathways from the Property to the Park, landscaping and irrigation
system installation and maintenance in the Park, landscaping and irrigation system installation and
maintenance on property adjacent to Guadalupe Road owned by the District, prohibiting residential
parking at the Park by residents and their guests, and providing disclaimers regarding noise and
light from the Park to residents of the attached, single residence development proposed on the
Property.
D. The parties desire to enter into this agreement for the purpose of promoting the
development of high-quality residential properties to enhance the community’s livability and
connectivity and minimizing possible negative impacts on owners and residents based upon the
location and configuration of the Property, and to agree to such other terms as provided herein.
This agreement is intended to be a “development agreement” within the meaning of A.R.S. § 9-
500.05.
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AGREEMENT
1. Running with the Land. The rights, benefits, duties and obligations set forth in this
agreement are covenants running with the land and are binding, benefiting, and enforceable
upon Owner and its successors and assigns as to the Property.
2. Term. This agreement is effective on the date it is recorded in accordance with section 7(a)
and will continue in full force and effect for a term of 30 years, unless terminated earlier
by the mutual written agreement of Owner and the City.
3. Owner’s Obligations.
a. Guadalupe Road Landscaping. To the south, the Property is separated from
Guadalupe Road by a parcel of land owned by the District, APN 304-05-981B, as
depicted in Exhibit B. Due to the location and configuration of the Property, the
proposed site plan cannot strictly meet the Mesa City Code landscaping
requirements for front perimeter landscaping and landscape yards adjacent to
arterial streets. Therefore, Owner agrees to provide high-quality landscaping on the
District’s parcel, to the extent permitted by the District.
i. Obligation to Work with the District. Owner will work in good faith with
the District to obtain all necessary approvals, permits, and clearances for
landscaping design and installation.
ii. Landscaping Scope. Owner shall pursue, and use reasonable best efforts to
secure, the maximum possible density of landscaping permissible under the
District’s guidelines, ensuring that all work is compliant with applicable
regulations, zoning laws, and environmental requirements. The scope of
landscaping must include, but is not limited to, planting of shrubs and
groundcovers, and installation of irrigation systems as approved by the
District.
iii. Notice. Following approval of any landscaping plan approved by the
District, Owner will provide a copy of the approved landscaping plan to the
City within 30 days.
iv. Installation and Maintenance. The Owner is responsible for the full
installation of the landscaping as per the approved plans, ensuring all work
meets industry standards and complies with District regulations. The Owner
shall complete the installation prior to a certificate of occupancy being
issued for residential building on the Property and ensure that the
installation is of high quality and sustainable. The Owner is responsible for
the ongoing maintenance of the landscaping and all associated costs,
including, but not limited to, watering, fertilization, pruning, and
replacement of any damaged or dead plants. Maintenance will be conducted
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on a regular basis to ensure that the landscaping remains in good condition
and continues to meet all District requirements throughout the Term of the
agreement.
v. Future Changes. Following initial approval of any landscaping plans by the
District, should any amendments, modifications, or alterations to the
landscaping be required by the District, Owner shall forward to the City
updated landscaping plans depicting any amendments, modifications, or
alterations, within 30 days of the District’s approval of the updated
landscaping plans.
b. Landscaping in Park; Installation and Maintenance Requirements. Owner shall
install landscaping and irrigation systems in the Park along the Property’s northern
and eastern boundary lines.
i. Minimum Specifications: Landscaping shall consist of 45 trees with at least
24-inch boxes and be installed no closer than 10 feet from the Property’s
boundary lines. All plants shall be of high quality and meet the standards
set forth in the American National Standards Institute’s American Standard
for Nursery Stock.
ii. Irrigation System: Owner is responsible for the installation of an irrigation
system for the landscaping. The system must:
A. be connected to the Park’s existing irrigation system;
B. utilize the same or substantially similar quality of materials and
installation methods as the Park’s existing water system;
C. be installed in coordination with the City to ensure seamless
integration; and
D. comply with all Maricopa Association of Governments (MAG)
Details & Specifications, as well as any City amendments or
additions to these specifications, and Parks, Recreation, &
Community Facilities Construction Guidelines.
iii. Final Landscaping Approval. The parties will continue to work
cooperatively to finalize the locations, design, varietals, and specifications
of the landscaping. Final locations and varieties of trees will be approved
by the City prior to commencement of any work on the landscaping and
irrigation system installation and associated improvements.
iv. Warranty. Owner shall provide a 1-year warranty for the irrigation system
and landscaping, starting from the date of acceptance by the City. This
warranty will cover the irrigation system’s performance, defects, or issues,
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and removal and replacement of any dead or dying landscaping during the
warranty period.
v. Coordination with the City. Owner must ensure that all work, including
scheduling of such work, is performed in coordination with the Deputy
Director of Parks, Recreation & Community Facilities or their designee and
meet the City’s requirements for approval pursuant to Mesa City Code. The
Owner will provide the City with a schedule identifying when construction
is to occur within the Park. The City reserves the right to reject timing of
construction within the Park if the work will negatively impact City
programs and events.
vi. Completion and Acceptance. The landscaping and irrigation system
installation and associated improvements must be completed to the
satisfaction of the City, with final inspection and acceptance required by the
City. Prior to inspection and acceptance of the landscaping and irrigation
systems by the City, the landscaping and irrigation systems and any
associated construction or improvements are under the possession and
control of the Owner.
c. Park Access. Owner shall construct two pedestrian pathways connecting the
Property to the Park providing direct access to the Park from the Property. Owner
shall construct two pedestrian gates between the Park and Property to align with
each pathway. The anticipated locations of the pathways and pedestrian gates are
conceptually depicted in the final site plan, Exhibit C, but may be relocated with
approval of the City prior to construction. The parties will continue to work
cooperatively to finalize the locations, design, and specifications of the pathways,
which will comply with the Americans with Disabilities Act (“ADA”). Use of the
pathways are for both the general public and residents of the Property and is not
dedicated to or reserved for use solely by residents of the Property.
i. Specifications. The pathways and pedestrian gates must be constructed in
accordance with the specifications set forth by the City, must include all
necessary improvements, and must comply with Mesa City Code.
A. The pathways must connect directly to the existing sidewalks in the
Park, ensuring safe and seamless pedestrian access between the
Property and the Park.
B. The pathways must be the same width, color, and finish as existing
sidewalks within the Park.
C. The pathways must be approved in writing by the City prior to
construction.
D. A pedestrian gate must be installed at the entrance of each pathway
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from the Property to the Park, which must be designed and
constructed in accordance with the Mesa City Code and procedures.
Owner may, at its election, design and construct the pedestrian gates
to restrict the general public from accessing the Property.
ii. Coordination with the City. Owner must ensure that all work is performed
in coordination with the Deputy Director of Parks, Recreation, and
Community Facilities and meet the City’s requirements for approval. The
Owner will provide the City with a schedule identifying when construction
is to occur within the Park. The City reserves the right to reject timing of
construction within the Park if the work will negatively impact City
programs and events.
iii. Completion and Acceptance. The pathways and associated improvements
must be completed to the satisfaction of the City, with final inspection and
acceptance required by the City. Prior to inspection and acceptance of each
pathway by the City, the pathway and any associated construction or
improvements are under the possession and control of the Owner.
d. Notice to Property Residents. For so long as the City operates the Park, Owner,
including all subsequent owners of any lots within the Property, shall include the
following with each purchase or sale agreement, lease or rental agreement, license,
occupancy agreement, and all other agreements granting the right to purchase,
possess, use, or occupy any portion of the Property:
i. a notice that residents of the Property and residents’ guests are
prohibited from using the Park’s parking lot as residential parking
(long-term, overnight, or routine parking associated with their
residence). Residents and residents’ guests are not prohibited from
using the Park’s parking lot while visiting or using the Park in their
capacity as a members of the general public.
ii. a notice that discloses the possibility of noise and light intrusion
from the Park using the following, or substantially similar,
language: “The Property is in close proximity to the City of Mesa’s
Christopher J. Brady Park, formerly known as Monterey Park (the
“Park”). This Park hosts a variety of events and activities, including
but not limited to pickleball and baseball, which are often
accompanied by lighting at night, noise from paddles, bats, etc.,
crowd noise, and amplified sound for things such as music and
announcements. The Park is also permitted to host other activities
such as community events, festivals, concerts, and recreational
programs.”
e. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its
officers, employees, elected and appointed officials, agents, and representatives
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(collectively “City Indemnified Parties”) from all claims, demands, costs, expenses,
damages, losses, obligations, judgments, or lawsuits (collectively “Claims”) that
arise from any negligent or willful act or omission of Owner, its employees,
contractors, or agents undertaken in fulfillment of Owner’s obligations under the
agreement; provided, however, that the duty to indemnify shall not extend to
Claims arising from the sole and exclusive negligence or willful misconduct of the
City or its agents.
4. City’s Obligations.
a. Meetings. The City agrees to work with Owner through regularly scheduled
meetings to develop and agree upon landscaping installation materials and
specifications, and any additional landscape or construction plan, including
pathways with pedestrian gates, that tie the Property into the Park sidewalks.
b. Temporary Construction Easements. The City agrees to provide Owner with
temporary construction easements for the purpose of installing landscaping and
irrigation systems, and any related warranty work as set forth in section 3(b), and
constructing the pathways, gates, and all related improvements set forth in section
3(c). The easements will be granted over City property as necessary to allow for
the proper installation and maintenance of landscaping and irrigation systems in the
Park and proper construction and tie-in of the pathways, including pedestrian gates,
to the Park’s sidewalks. Owner must obtain all necessary permits and approvals and
shall restore the easement area to its original condition with like materials, except
for the addition of the pathways and landscaping required by the agreement, prior
to completion and acceptance of work. Owner is responsible for maintaining safe
public conditions around the work areas for the improvements while they are being
constructed.
c. Permits. The City agrees to process and issue all necessary permits without
unreasonable delay and in conformance with this agreement, the City of Mesa
Code, and applicable laws, in accordance with the City’s normal processes and
procedures.
d. Park Landscaping Transfer of Maintenance and Ownership. After the completion
of the 1-year warranty period set forth in section 3(b)(iii), ownership, maintenance,
and responsibility for the landscaping and irrigation system located in the Park will
be transferred to the City. The City will assume full responsibility for the continued
upkeep and operation of the landscaping and irrigation system located in the Park
upon acceptance by the City. Owner will retain ownership, maintenance, and
responsibility for the landscaping and irrigation system located on the Property and
any connections on the property line.
e. Park Access Transfer of Maintenance and Ownership. Upon completion of the
pathways and acceptance by the City as set forth in section 3(c), ownership,
maintenance, and responsibility for the pathways located in the Park will be
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transferred to the City. The City will assume full responsibility for the continued
upkeep and maintenance of the pathways located in the Park, including any future
upgrades or necessary repairs. Owner will retain full ownership, maintenance, and
responsibility for the maintenance, repair, and upkeep of the pedestrian gates.
f. Future City Changes. Nothing in this agreement prohibits or restricts the City from
ceasing operations of the Park, altering, relocating, or redesigning any landscaping
features, or modifying or relocating either pathway at any time in the future, in its
sole and absolute discretion.
5. Bridge/Culvert Crossing. The site plan and project narrative submitted by Owner include
plans for a bridge/box culvert crossing to be used as access north from Guadalupe Road to
the Property across the District canal (the “Bridge”), as depicted in Exhibit C. Owner
agrees that the City has no present or future ownership, interest, rights, responsibility, or
liability concerning the Bridge. Owner retains sole and exclusive ownership of the Bridge
and assumes all obligations related to its maintenance, repair, and operation, both now and
in the future. The parties expressly agree that the City has no responsibility for the repair,
maintenance, replacement, or operational costs associated with the Bridge. Owner agrees
to defend, indemnify, and hold harmless the City Indemnified Parties from any Claims
arising from the existence, construction, use, condition, or maintenance of the Bridge.
6. Walls; Pedestrian Gates; Security. The walls separating the Property from the Park must
be fully constructed within the boundaries of the Property. Owner agrees that the walls are
entirely its responsibility, and that the City shall have no liability, obligation, or
responsibility for the construction, maintenance, repair, or replacement of the walls at any
time. Owner agrees that the requirement for installation of a pedestrian gate in the walls is
solely for access purposes and the convenience of Property residents. It is not a guarantee
or assurance of safety or security by the City. The City makes no representations or
warranties regarding the effectiveness of the pedestrian gates in preventing unauthorized
access, intrusions, or other security-related incidents. The responsibility for maintaining
and securing the Property remains with the Owner, and the City will not be liable for any
loss, damage, or injury arising from the presence or absence of the pedestrian gates. Owner
agrees to defend, indemnify, and hold harmless the City Indemnified Parties from any
Claims arising from the existence, construction, use, condition, or maintenance of the walls
and pedestrian gates.
7. General Provisions.
a. Recordation. This agreement will be recorded in its entirety in the Official Records
of Maricopa County, Arizona, no later than ten (10) days after its full execution by
the parties.
b. Notices and Requests. Any notice or other communication required or permitted to
be given under this agreement must be in writing and will be deemed properly given
if: (i) hand delivered to the party at the address set forth below; (ii) deposited in the
U.S. Mail, registered or certified, return receipt requested, to the address of the
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party set forth below, postage prepaid; or (iii) given to a recognized and reputable
overnight delivery service, delivery charges prepaid, to the party at the address set
forth below. The addresses set forth in this section may be modified by a party at
any time by such party designating in writing by notice duly given pursuant to this
section.
City: City of Mesa
Attn: City Manager
20 East Main Street, Suite 750
Mesa, Arizona 85201
with a copy to: Mesa City Attorney’s Office
Attn: City Attorney
20 East Main Street, Suite 850
Mesa, Arizona 85201
with a copy to: City of Mesa Development Services Department
Attn: Planning Director
55 N. Center
Mesa, Arizona 85211
Owner: ExDev Park North, LLC
Attn: Rob Stephan
6628 E Baseline Road, Suite 102
Mesa, Arizona 85206
with a copy to: Excolo Development
Attn: Rob Stephan
6628 E. Baseline Road, Suite 102
Mesa, Arizona 85206
with a copy to: Ray Law Firm
Attn: M. Brennan Ray
2325 E. Camelback Rd., Suite 400
Phoenix, Arizona 85016
Notices are deemed received by a party: (i) when hand delivered to the party; (ii) 3
business days after being placed in the U.S. Mail, properly addressed, with
sufficient postage; or (iii) the following business day after being given to a
recognized overnight delivery service, with the party giving the notice paying all
delivery fees and instructing delivery be made on the following business day. A
copy of a notice will be provided to the applicable addresses noted as “with a copy
to”, providing a copy will not be deemed as providing notice to a party in
accordance with the requirements of this agreement.
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c. Choice of Law, Venue, and Attorneys’ Fees. The laws of the State of Arizona
govern any dispute, controversy, claim, or cause of action arising out of or related
to this agreement (collectively, “Dispute”). The venue for any Dispute will be in
Maricopa County, Arizona, and each party specifically waives the right to object to
venue in Maricopa County for any reason. Neither party will be entitled to recover
any of its attorneys’ fees or other costs from the other party incurred in any Dispute,
and each party will bear its own attorneys’ fees and costs, whether the Dispute is
resolved through arbitration, litigation, or otherwise.
d. Default. In the event a party fails to perform or fails to otherwise act in accordance
with any term or provision hereof (“Defaulting Party”), then the other party (“Non-
Defaulting Party”) may provide written notice to perform to the Defaulting Party
(“Notice of Default”). The Defaulting Party will have 30 days from receipt of the
Notice of Default to cure the default. In the event the failure is such that more than
30 days would reasonably be required to cure the default or otherwise comply with
any term or provision in this agreement, then the Defaulting Party shall notify the
Non-Defaulting Party of such and the timeframe needed to cure such default, and
so long as the Defaulting Party commences performance or compliance or gives
notice of additional time needed to cure within the required 30 day period and
diligently proceeds to complete such performance or fulfill such obligation, then
the time to cure the default shall be extended; however, no such extended cure
period shall exceed 90 days. Any written notice shall specify the nature of the
default and the way the default may be satisfactorily cured, if possible.
e. Remedy/Equitable Relief. The parties agree that damages alone are not an adequate
remedy for the breach of any provision of this agreement. In the event the City fails
to perform or otherwise act in accordance with any term of provision, Owner will
be entitled, subject to any cure period set forth in this agreement, to immediately
seek enforcement of this agreement by means of specific performance. In the event
Owner fails to perform or fails to otherwise act in accordance with any term or
provision hereof the City will be entitled, subject to any cure period set forth in this
agreement, to immediately seek enforcement of this agreement by means of specific
performance, injunction, or other equitable relief, without any requirement to post
bond or other security. The City’s specific performance remedy provided in this
section will be cumulative relief and is not a limitation on other remedies available
to the City at law or in equity, including the right to seek contract damages under
this agreement. Additionally, the City reserves the right to withhold any City
permits or approvals needed to develop, construct, or improve any portion of the
Property and may revoke any City approval or permit, if Owner fails to cure any
material breach of the terms of this agreement following a Notice of Default.
f. Good Standing; Authority. Each party represents and warrants that it is duly formed
and a legally valid existing entity under the laws of the State of Arizona with respect
to Owner, or a municipal corporation in Arizona with respect to the City, and that
the individuals executing this agreement on behalf of their respective party are
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authorized and empowered to bind the party on whose behalf each such individual
is signing.
g. Assignment. The provisions of this agreement are binding upon and inure to the
benefit and burden of the parties, and their successors and assigns.
h. No Partnership or Joint Venture; Third Parties. It is not intended by this agreement
to, and nothing contained in this agreement will be construed to, create any
partnership, joint venture, or other arrangement between the parties. No term or
provision of this agreement is for the benefit of any person, firm, or entity not a
party hereto, and no such other person, firm, or entity will have any right or cause
of action under this agreement.
i. Waiver. No delay in exercising any right or remedy constitutes a waiver thereof,
and no waiver of any breach will be construed as a waiver of any preceding or
succeeding breach of the same or any other covenant or condition of this agreement.
No waiver will be effective unless it is in writing and is signed by the party asserted
to have granted such waiver.
j. Further Documentation & Acts. The parties agree to execute such further or
additional instruments or documents and to take such further acts as may be
necessary or appropriate to fully carry out the intent and purpose of this agreement.
k. Fair Interpretation. The parties were each represented by counsel in the negotiation
and drafting of this agreement, and the parties and their counsel have not acted
under any duress or compulsion, whether legal, economic, or otherwise. This
agreement will be construed according to the fair meaning of its language. The rule
of construction that ambiguities will be resolved against the party who drafted a
provision will not be employed in interpreting this agreement.
l. Conflict of Interest. Pursuant to A.R.S. § 38-503 and A.R.S. § 38-511, no member,
official, or employee of the City will have any personal interest, direct or indirect,
in this agreement, nor will they participate in any decision relating to this agreement
which affects his or her personal interest or the interest of any corporation,
partnership, or association in which he or she is, directly or indirectly, interested.
This agreement is subject to cancellation pursuant to the terms of A.R.S. § 38-511.
m. Entire Agreement. This agreement, together with the following Exhibits attached
hereto (which are incorporated herein by this reference), constitute the entire
agreement between the parties regarding the subject matter hereof:
Exhibit A: Legal Description of the Property
Exhibit B: Depiction of District Property
Exhibit C: Final Site Plan
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All prior and contemporaneous agreements, representations, and understandings of
the parties, oral or written, are superseded by and merged in this agreement.
n. Time of the Essence. Time is of the essence in this agreement with respect to the
performance required by each party.
o. Severability. If any provision(s) of this agreement is/are declared void or
unenforceable, such provision(s) will be severed from this agreement, and the
remainder of the agreement will otherwise remain in full force and effect.
p. Amendments. Any change, addition, or deletion to this agreement requires a written
amendment executed by the parties. Within ten (10) days after any amendment to
this agreement, such executed amendment will be recorded in the Official Records
of Maricopa County, Arizona.
q. Proposition 207 Waiver. Owner hereby waives and releases the City from any and
all claims under A.R.S. § 12-1134 et seq. arising out of or as a result of the City’s
approval of this agreement, including any right to compensation for reduction to
the fair market value of the Property. The terms of this waiver run with the land,
are binding upon all subsequent landowners, and survive the expiration or earlier
termination of this agreement.
r. Preservation of State Shared Revenue. Notwithstanding any other provision of, or
limitation in, this agreement to the contrary, if pursuant to A.R.S. § 41-194.01 the
Arizona Attorney General determines that this agreement violates any provision of
state law or the Constitution of Arizona (including A.R.S. § 42-6201 et seq.), the
City and Owner shall use all and best faith efforts to modify the agreement so as to
fulfill each parties rights and obligations in the agreement while resolving the
violation with the Attorney General. If within 30 days of notice from the Attorney
General pursuant to and under the provisions of A.R.S. § 41-194.01(B)(1), the City
and Owner cannot agree to modify this agreement so as to resolve the violation
with the Attorney General, this agreement will automatically terminate at midnight
on the 30th day after receiving such notice from the Attorney General, and upon
such termination the parties will have no further obligations under this agreement.
Additionally, if the Attorney General determines that this agreement may violate a
provision of state law or the Constitution of Arizona under A.R.S. § 41-
194.01(B)(2), and the Arizona Supreme Court requires the posting of a bond under
A.R.S. § 41-194.01(B)(2), the City will be entitled to terminate this agreement at
its sole discretion unless Owner posts any required bond prior to the due date of the
bond; and provided further, if the Arizona Supreme Court, determines this
agreement violates any provision of state law or the Constitution of Arizona, the
City or Owner may terminate this agreement and the parties will have no further
rights, interests, or obligations in this agreement or claim against the other party for
a breach or default under this agreement.
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s. Survival. In the event of completion, termination, rescission, cancellation, or
expiration of this agreement, the following provisions of this agreement will
survive and remain in full force and effect: (i) section 3(e), (ii) section 5, but only
to the extent that the Bridge is actually constructed by Owner, and (iii) section 6,
but only to the extent that the walls and pedestrian gates described in that section
are actually constructed by Owner. All other terms that, by the terms of reasonable
interpretation, set forth rights and obligations that extend beyond completion,
termination, rescission, cancellation, or expiration of this agreement, will survive
and remain in full force and effect.
t. Consents and Approvals. Wherever this agreement requires or permits the consent
or approval of a party to any act, document, use or other matter, such consent or
approval may be given or denied by such party in its reasonable discretion, unless
this agreement expressly provides otherwise. Any consent or approval required by
this agreement for the City may be provided by the City Manager or their designee
unless otherwise specified or required by law; the City Manager or their designee
does not have the authority to consent or approve acts that require the approval of
the City Council unless signature authority has been delegated through formally
adopted management policy, or by vote of the City Council. In accordance with the
requirements of this section, the City Manager or their designee is expressly
authorized to execute and deliver all amendments to this agreement and other
transaction documents required by, contemplated under, or authorized in this
agreement.
u. A.R.S. § 35-394. Each party certifies that it does not currently, and agrees for the
duration of the contract that it will not use:
i. The forced labor of ethnic Uyghurs in the People’s Republic of China.
ii. Any goods or services produced by the forced labor of ethnic Uyghurs in
the People’s Republic of China.
iii. 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.
If any party becomes aware during the term of the agreement that it is not in
compliance with this section, the party shall notify the other party within 5 days
after becoming aware of the noncompliance. Failure of the party to provide a
written certification that the party has remedied the noncompliance within 180 days
after notifying the public entity of its noncompliance shall result in the termination
of this agreement unless the Term of this agreement shall end prior to said 180-day
period.
v. Immigration Compliance. To the extent applicable under A.R.S. §§ 41-4401 and
23-214, the parties warrant compliance with all federal immigration laws and
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regulations that relate to their employees and contractors and their compliance with
the E-Verify requirements of A.R.S. § 23-214(A). Breach of the above-mentioned
warranty shall be deemed a material breach of the agreement and may result in the
termination of the agreement.
w. Headings. The headings contained in this agreement are for convenience in
reference only and are not intended to define or limit the scope of any provision.
x. Counterparts; Signatures. This agreement may be executed with two or more
counterparts, each of which shall be deemed an original, but all of which together
constitute one and the same instrument. The signature pages from one or more
counterparts may be removed from such counterparts and such signature pages all
attached to a single instrument so that the signatures of all parties may be physically
attached to a single document. Signatures may be made digitally.
[SIGNATURES OF THE PARTIES APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS WHEREOF, the parties have executed this agreement on the dates set forth
below.
CITY
CITY OF MESA, ARIZONA,
An Arizona municipal corporation
By: ______________________________________
Its: ______________________________________
Date: _____________________________________
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me, a notary public, this ___
day of ______________, 2026, by , the of the City of Mesa, an
Arizona municipal corporation, who acknowledged that he/she signed the foregoing instrument
on behalf of City.
Notary Public
My Commission Expires:
________________________________
{00619115.2} Page 14 of 18

OWNER
EXDEV PARK NORTH, LLC
a(n) Arizona limited liability company
By: ___________________________________
Its: ___________________________________
Date: __________________________________
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
The foregoing instrument was acknowledged before me, a notary public, this ___
day of ______________, 2026, by _______________________, as _____________________ of
ExDev Park North, LLC, a(n) Arizona limited liability company.
Notary Public
My Commission Expires:
________________________________
{00619115.2} Page 15 of 18

EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL NO. 1:
A portion of the South 10 acres of G.L.O. Lot 7, of Section 6, Township 1 South, Range 7 East of
the Gila and
Salt River Base and Meridian, Maricopa County, Arizona, described as follows:
BEGINNING at the Southeast corner of said Lot 7, which bears North 89 degrees 52 minutes 20
seconds East a
distance of 1216.50 feet from the Southwest corner of said Section 6;
Thence along the East line of said Lot 7, North 01 degrees 36 minutes 28 seconds West, a
distance of 110.04
feet to the North line of the South 110.00 feet of said Lot 7, said point being the TRUE POINT
OF BEGINNING;
Thence continuing North 01 degrees 36 minutes 28 seconds West, a distance of 248.34 feet to the
North line of
the South 10 acres of said Lot 7;
Thence along said North line, said line being parallel to the South line of said Lot 7, South 89
degrees 52 minutes
20 seconds West, a distance of 885.19 feet to the East line of the West 330.00 feet of said Lot 7;
Thence along said East line South 01 degrees 24 minutes 41 seconds East, a distance of 248.32
feet to the North
line of the South 110.00 feet of said Lot 7;
Thence along said North line, North 89 degrees 52 minutes 20 seconds East, a distance 886.04
feet to the TRUE
POINT OF BEGINNING.
{00619115.2} Page 16 of 18

EXHIBIT B
DEPICTION OF DISTRICT PROPERTY
{00619115.2} Page 17 of 18

120 m
o
c
Suite .
F:480.835.1799 c
n
Rd, i
p
MARICOPA COUNTY FLOOD CONTROL DISTRICT u o
School |
r
g
s
Alma p
LANSCAPE AREA (highlighted in pink below) T:480.503.2250 e .
N.
w
1130 w
w
PARCEL 1 AREA:
219,861 Square Feet SURVEY
RD) 5.0473± Acres, more or less
ROAD
PAVED
TITLE
POWER NORTH
(PUBLIC ARIZONA
LAND
MESA,
PARK
ALTA/NSPS
Project:
E GUADALUPE ROAD
(PUBLIC PAVED RD) LEGEND
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
CAJ
MDP
40 0 40 80
scale feet
Job No.
AS01
Sheet No.

EXHIBIT C
FINAL SITE PLAN
{00619115.2} Page 18 of 18

m
o
c
.
VICINITY MAP F:480.503.2258 c
SITE PLAN n
N.T.S. i
p
u
| o
FOR BASELINE ROAD r
g
s
ROAD ROAD Road p
School T:480.503.2250 e .
PARK NORTH Alma 85201 w
N 120 AZ w
POWER SEC 6 1130 Suite Mesa, w
A PORTION OF SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 1 SOUTH, RANGE 7 EAST OF THE GILA T.1 S., R.7 E. SOSSAMAN
AND SALT RIVER MERIDIAN, CITY OF MESA, MARICOPA COUNTY, ARIZONA
SUBJECT SITE
GUADALUPE ROAD
WEST QUARTER CORNER OF
SECTION 6, T.1S, R.7E
BRASS CAP IN HANDHOLE
North
Arizona Plan
Mesa,
Park
Site
APN: 304-05-982G E 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70
DR ONE LLC
ZONING: LC 248.32' 40 3
41 2
42 52 51 50 49 48 47 46 45 44 43 78 77 76 75 74 73 72 71 1
APN: 304-05-981D
DR ONE LLC
ZONING: LC
Project:
N89°52'20"E 886.04'
APN: 304-05-981B
FLOOD CONTROL DISTRICT
OF MARICOPA COUNTY SUBMITTAL
SUBMITTAL SUBMITTAL SUBMITTAL SUBMITTAL
PLAN
PLAN PLAN PLAN PLAN
SITE
1216.50' SITE SITE SITE SITE
N89°52'20"E 2540.44' PRE.
SOUTHWEST CORNER OF SOUTH QUARTER CORNER OF PRE. PRE. PRE. PRE.
SECTION 6, T.1S, R.7E 2ND
SECTION 6, T.1S, R.7E GUADALUPE ROAD 1ST 3RD
MCDOT BRASS CAP IN HANDHOLE BRASS CAP IN HANDHOLE - - 4TH 5TH
2026 - - -
2026 2026 2026 2026
9, 27,
15, 15, 13,
MARCH MARCH APRIL JUNE JULY
Call at least two full working days
before you begin excavation.
N.T.S.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602)263-1100
Designer: DH
Drawn by: LFT
Preliminary Preliminary
Not Not For For
Construction Construction
Or Or
Recording Recording
Job No.
23-0217
SP01
Sheet No.
1
of 2