Development Argeement

City of Mesa — City Council (2026-11-02)

Extracted text (via pymupdf_layout) 59345 characters

WHEN RECORDED RETURN TO:
City of Mesa
Attn: Real Estate Department
20 East Main Street
Mesa, Arizona 85201
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is entered into by and
between the CITY OF MESA, an Arizona municipal corporation (the “City”) and THE GROVE
AT LEHI COMMUNITY ASSOCIATION, an Arizona non-profit corporation (the “Developer”).
City and Developer are collectively referred to herein as the “Parties,” or individually as a “Party.”
RECITALS
A. Developer is the community association that owns the common areas of The Grove
at Lehi, a residential development of approximately 42 acres within the 2600 to 2800 blocks of
East Lehi Road (west side) located north of McDowell Road and east of the 202 Red Mountain
Freeway in Mesa, Arizona. The common areas are legally described in Exhibit A (the “Property”).
B. The Property abuts certain real property owned and managed by the State of
Arizona through its Department of Transportation (“ADOT”), which is depicted within Exhibit B
(“ADOT Property”).
C. Developer desires to improve the aesthetic of the land surrounding the Property,
and therefore wishes to install certain landscape improvements, including trees and irrigation
infrastructure on the ADOT Property (the “Landscape Improvements” or the “Project”).
D. ADOT does not allow private improvements on its property, but it does allow
governmental entities to install and maintain such improvements if they obtain an encroachment
permit. The City applied for, and ADOT issued, an encroachment permit for the Landscape
Improvements on the ADOT Property, which is attached as Exhibit C (“Encroachment Permit”),
and dated September 10, 2026.
E. The Encroachment Permit depicts the area on which the Landscape Improvements
will be installed (the “Encroachment Area”), sets for the terms and conditions for the construction
and maintenance of the Landscape Improvements, and includes a set of approved plans for the
Landscape Improvements. Developer has agreed to be responsible for fulfilling the City’s
obligations under the Encroachment Permit, including maintenance of the encroachment, and for
that obligation to be recorded against the Property.
F. The Parties desire to enter into this Agreement for the primary purpose of outlining
the responsibilities of Developer as it pertains to the Landscape Improvements and the
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Encroachment Permit, and the Parties intend this document to be a “Development Agreement”
within the meaning of A.R.S. § 9-500.05.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, and the mutual promises set forth in this Agreement and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
state, confirm, and agree as follows:
1. Definitions. In this Agreement, unless a different meaning clearly appears from the
context, the below words and phrases shall be construed as defined in this Section 1, including the
use of such in the Recitals. Words in the singular shall also refer to the plural. The use of the term
“shall” in this Agreement means a mandatory act or obligation. Unless the context requires
otherwise, the term “including” shall mean “including but not limited to” or “including without
limitation.”
(a) “ADOT” means as defined in Recital B.
(b) “ADOT Property” means as defined in Recital B.
(c) “Agreement” means this Agreement, as amended and restated or
supplemented in writing from time to time and includes all recitals and exhibits hereto which are
incorporated into the Agreement by this reference.
(d) “Applicable Laws” means the federal, state, county, and local laws
(statutory and common law) ordinances, rules, regulations, permit requirements, and other
requirements and official policies of City, as they may be amended from time to time, which apply
to the development of the Project as of the date of any application or submission, or that apply to
this Agreement and the terms herein.
(e) “A.R.S.” means the Arizona Revised Statutes as now or hereafter enacted
or amended.
(f) “City” means the Party designated as City on the first page of this
Agreement.
(g) “City Council” means the City Council of the City of Mesa.
(h) “City Indemnified Parties” means as defined in Section 6.
(i) “Claims” means as defined in Section 6.
(j) “Default” means, as it applies to the applicable Party, one or more of the
events described in Section 7(a); provided, however, that such events will not give rise to any
remedy until effect has been given to all grace periods, cure periods and periods of Force Majeure
provided for in this Agreement.
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(k) “Defaulting Party” means as defined in Section 7(b).
(l) “Developer” means the Party designated as Developer on the first page of
this Agreement, and its successors and assigns.
(m) “Effective Date” means the date on which all of the following have
occurred: (i) this Agreement has been adopted and approved by the City Council, (ii) executed by
duly authorized representatives of City and Developer, and (iii) recorded in the office of the
Recorder of Maricopa County, Arizona.
(n) “Force Majeure” means as defined in Section 8(j).
(o) “Indemnity” means as defined in Section 6.
(p) “Landscape Improvements” means as defined in Recital C.
(q) “Maintenance” or “Maintain” means (or refers to), collectively,
maintenance (both routine and extraordinary), as well as repair and replacement, including all
damage caused by normal wear and tear or intentional loss or damage from any source.
(r) “Non-Defaulting Party” means as defined in Section 7(b).
(s) “Notice of Default” means as defined in Section 7(b).
(t) “Party” or “Parties” means as defined on the first page of this Agreement.
(u) “Project” means as defined in Recital C.
(v) “Property” means as defined in Recital A.
(w) “Public Health Event” means any one or more of the following but only if
and as declared by an applicable governmental authority (or its designee): epidemics; pandemics;
plagues; viral, bacterial or infectious disease outbreaks; public health crises; national health or
medical emergencies; governmental restrictions on the provision of goods or services or on citizen
liberties, including travel, movement, gathering or other activities, in each case arising in
connection with any of the foregoing, and including governmentally-mandated closure,
quarantine, “stay-at-home,” “shelter-in-place” or similar orders or restrictions; or workforce
shortages or disruptions of material or supply chains resulting from any of the foregoing.
(x) “Term” means as defined in Section 5.
(y) “Third Party” means and includes natural persons, corporations, limited
partnerships, general partnerships, joint stock companies, joint ventures associations, limited
liability companies, limited liability partnerships, trusts, land trusts, business trusts, or other
organizations, whether or not legal entities, other than a Party. ADOT considered a Third Party
for the purposes of this Agreement.
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2. Developer’s Duties and Obligations. Developer and its permitted successors and
assigns agree that the obligations set forth in this Agreement are covenants running with the land
that are binding and enforceable upon Developer and its successors and assigns.
3. Landscape Improvements. Developer shall, at its sole cost and expense, install,
construct and Maintain the Landscape Improvements as shown in the plan(s) attached in Exhibit
C and shall do so in accordance with the requirements of this Agreement, Applicable Laws
(including the acquisition of all permits and payment of related fees), and the Encroachment
Permit, as applicable. The City Manager or his designee shall have the authority to approve of
changes to the Landscape Improvements as shown in Exhibit C, including the approval of changes
requested or required by ADOT. Developer shall obtain the prior written approval of City for all
material modifications to the Landscape Improvements as shown in Exhibit C. In the event
Developer fails to Maintain the Landscape Improvements in accordance with the terms herein,
City shall have the right, but not the responsibility, to Maintain the Landscape Improvements and
Developer shall be liable to City for all direct costs City incurs (including an allocation of wages
for City employees), and Developer shall pay City for such costs within thirty (30) days of
receiving a demand for payment from City.
4. Encroachment Permit. Developer acknowledges that: (a) the sole reason City
entered into the Encroachment Permit with ADOT is for the purpose of ADOT allowing the
installation, construction and Maintenance of the Landscape Improvements on the ADOT
Property; and (b) City would not allow the installation, construction and Maintenance of the
Landscape Improvements on the ADOT Property by Developer but for such installation,
construction, and Maintenance adhering to the requirements of the Encroachment Permit. City
materially relies upon the assurances of Developer that Developer will meet the obligations of City
under the Encroachment Permit. The obligations of Developer in this Section 4 shall expire when
this Agreement terminates per Section 5 below, except for any unmet obligations of Developer
that matured prior to termination of this Agreement.
Developer, at its sole cost and expense, shall be responsible for the fulfillment of all
obligations of City in the Encroachment Permit as the “Permittee”, as if Developer were a party to
the Encroachment Permit as the “Permittee”. Developer shall install, construct and Maintain the
Landscape Improvements in accordance with the Encroachment Permit and all requirements of
ADOT. Developer’s duty to fulfill all “Permittee” obligations under the Encroachment Permit
shall continue for the entire term of this Agreement.
5. Term/Termination. The term of this Agreement (“Term”) is that period of time,
commencing on the Effective Date and terminating on the earlier of (a) twenty (20) years after the
Effective Date, or (b) termination by the mutual written agreement of the Developer and City
pursuant to this Agreement, or (c) termination of ADOT’s consent to Maintain the Landscape
Improvements. If, on the twentieth anniversary of the Effective Date, this Agreement has not
been terminated by operation of Section 5 (b) or (c), then this Agreement shall automatically
renew for an additional term of twenty (20) years. Upon the termination of this Agreement,
Developer shall, if required by ADOT, at Developer’s sole cost and expense, remove the
Landscape Improvements on the ADOT Property, and restore the same to the condition prior to
the installation of the Landscape Improvements. Notwithstanding the foregoing, should City
decide at its sole discretions that it wishes for all or a portion of the Landscape Improvements to
continue on the ADOT Property following the end of the Term, and City is willing to Maintain
the Landscape Improvements after the end of the Term, then City shall communicate to
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Developer in writing, at least thirty (30) days prior to the end of the Term, its desire to Maintain the
Landscape Improvements on the ADOT Property after the Term and Developer shall not be obligated to
remove the Landscape Improvements on such property.
6. Indemnity of City by Developer. Developer will pay, defend, indemnify and hold
harmless City and its City Council members, officers, officials, agents, and employees
(collectively, including City, “City Indemnified Parties”) for, from, and against any and all claims,
demands, fines, penalties, costs, expenses, damages, losses, obligations, judgments, liabilities, and
suits (including attorneys’ fees, experts’ fees and court costs associated with such matters) which
may be imposed upon, incurred by or asserted against City Indemnified Parties by a Third Party
(including ADOT) (all of the foregoing, collectively, “Claims”) which arise out of in whole or in
part from, or relate to: (a) any act or omission by Developer, or its employees, contractors,
subcontractors, agents or representatives undertaken in fulfillment of Developer’s obligations
under this Agreement, including in the installation, construction and Maintenance of the
Landscape Improvements; (b) failure of Developer to meet its obligations under this Agreement;
(c) failure of Developer to meet the obligations of City under the Encroachment Permit; (d) the
indemnification obligations of City under the Encroachment Permit (collectively, the indemnity
obligations in this Section 6 are referred to as “Indemnity”). Such Indemnity shall survive the
expiration or earlier termination of this Agreement. The indemnification set forth in this Section
6 shall not apply to the extent such Claims arise directly from or relate directly to the sole negligent
or intentional acts of City Indemnified Parties. In the event any City Indemnified Parties should
be made a defendant in any action, suit or proceeding brought by a Third Party by reason of any
of the occurrences described in this Section 6, Developer shall at its own expense: (i) resist and
defend such action, suit or proceeding or cause the same to be resisted and defended by counsel
designated by Developer and reasonably approved by City; and (ii) if any such action, suit or
proceeding should result in a final judgment against any of the City Indemnified Parties, Developer
shall promptly satisfy and discharge such judgment or shall cause such judgment to be promptly
satisfied and discharged.
7. Default; Remedies.
(a) Default. A Party commits a default under this Agreement (“Default”) if
either: (i) any representation or warranty made by the Party in this Agreement was materially
inaccurate when made or will prove to be materially inaccurate during the Term, or (ii) the Party
fails to observe or perform any covenant, obligation or agreement required of it under this
Agreement.
(b) Notice & Opportunity to Cure. In the event a Party Defaults (“Defaulting
Party”), then the other Party (the “Non-Defaulting Party”) may provide written notice to perform
to the Defaulting Party (the “Notice of Default”). The Defaulting Party shall have thirty (30) days
from receipt of the Notice of Default to cure the Default, unless the Default involves the failure of
Developer to meet the obligations of City in a License, then Developer may have less than thirty
(30) days to cure from the Notice of Default if a shorter period is needed based on the requirements
of the applicable License. The Non-Defaulting Party may grant the Defaulting Party a cure period
exceeding thirty (30) days at the Non-Defaulting Party’s reasonable discretion. Any written notice
shall specify the nature of the Default and the manner in which the Default may be satisfactorily
cured, if possible.
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(c) Remedy/Equitable Relief.
(i) Remedies of Developer. Developer’s sole and exclusive remedy for
an uncured Default by City, subject to any cure period set forth in the Agreement, shall consist of
and be limited to a special action or other similar relief (whether characterized as mandamus,
injunction or otherwise) requiring City to undertake and to fully and timely perform its obligations
under this Agreement.
(ii) Remedies of City. City shall have all available remedies, at law or
in equity, for an uncured Default by Developer. The Parties agree that damages alone are not an
adequate remedy for the breach of any provision of this Agreement by Developer. In the event of
an uncured Default by Developer, then City shall 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 specific performance remedy provided in this Subsection (c)(ii) shall be cumulative
relief and shall not be a limitation on City’s other remedies, including the right to seek contract
damages under this Agreement.
8. General Provisions.
(a) Recordation. This Agreement shall be recorded in its entirety in the official
records of Maricopa County, Arizona, not 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 shall be in writing and shall be deemed to have been
duly given if: (1) delivered to the Party at the address set forth below; (2) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address of the Party set forth below;
or (3) given to a recognized and reputable overnight delivery service, to the Party at the address
set forth below. The addresses set forth in this Subsection (b) may be modified by a Party at any
time by such Party designating in writing by notice duly given pursuant to this Subsection (b).
City: City of Mesa
20 East Main Street, Suite 750
Mesa, Arizona 85211
Attn: City Manager
With a copy to: Mesa City Attorney’s Office
20 East Main Street, Suite 850
Mesa, Arizona 85211
Attn: City Attorney
With a copy to: City of Mesa Development Services Department
55 N. Center Street
Mesa, Arizona 85201
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Attn: Director
Developer: The Grove at Lehi Community Association
3321 E. Baseline Road
Gilbert, Arizona 85234
With a copy to: Gibson Knecht PC
7250 North 16th Street, Suit 412
Phoenix, Arizona 85020
Attn: Jim Gibson and Colby Larson
Phone: (602) 296-3563
jgibson@gklawaz.com
clarson@gklawaz.com
Notices shall be deemed received: (i) when delivered to the Party; (ii) three (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 person giving
the notice paying all required charges and instructing the delivery service to deliver on the
following business day. If a copy of a notice is also given to a Party’s counsel or other recipient,
the provisions about governing the date on which a notice is deemed to have been received by a
Party shall mean and refer to the date on which the Party, and not its counsel or other recipient, to
which a copy of the notice may be sent, is deemed to have received the notice.
(c) Choice of Law, Venue, and Attorneys’ Fees. The laws of the State of
Arizona shall govern any dispute, controversy, claim, or cause of action arising out of or related
to this Agreement. The venue for any such dispute shall be Maricopa County, Arizona, and each
Party waives the right to object to venue in Maricopa County for any reason. In any cause of
action related to this Agreement, the prevailing Party shall be entitled to recover from the other
Party its attorneys’ fees or other costs incurred in any such cause of action, whether the same is
resolved through arbitration, litigation in a court, or otherwise.
(d) Good Standing; Authority. Each Party represents and warrants that it is a
duly formed and legally valid existing entity under the laws of the State of Arizona with respect to
Developer, or a municipal corporation in Arizona with respect to City, and that the individuals
executing this Agreement on behalf of their respective Party are authorized and empowered to bind
the Party on whose behalf each such individual is signing.
(e) Authority of City. Nothing in this Agreement is intended or shall be deemed
a waiver of any rights of City as the municipal governmental entity in which the Property is located
or requirements that Developer must meet under Applicable Laws.
(f) Assignment. The provisions of this Agreement are binding upon and shall
inure to the benefit and burden of the Parties, and their successors in interest and assigns. Upon
the sale, transfer, conveyance or assignment by Developer or any successor owner of fee title to
the Property, the transferring owner shall, within ten (10) days after the date that the instrument
effecting the transfer is recorded, provide City written notice of such transfer containing the name
and address of the transferee. Upon any such transfer, all duties, rights, and obligations under this
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Agreement are automatically assigned to and assumed by the transferee without requirement for a
separate assignment and assumption document so long as the deed transferring ownership or other
document between the Developer and successor owner, which may be a separate assignment and
assumption, specifically references this Agreement and reflects the assignment and assumption by
the successor owner and a copy of such document is provided to the City after its execution; the
transferor and transferee may elect to execute such an assignment/assumption. For a transfer
meeting the requirements of this Subsection (f), the transferring owner is released from all
obligations and liabilities under this Agreement as of the effective date of the transfer.
(g) Survival. All Indemnity obligations contained in this Agreement shall
survive the termination of this Agreement and all obligations in this Agreement that either
specifically state they shall survive or, by reasonable interpretation of the language herein, should
survive the termination of this Agreement, shall also survive.
(h) No Partnership or Joint Venture; Third Parties. It is not intended by this
Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture,
or other arrangement between the Parties. No term or provision of this Agreement is intended to,
or shall be for the benefit of any person, firm, or entity not a party hereto, and no such other person,
firm, or entity shall have any right or cause of action hereunder.
(i) Waiver. No delay in exercising any right or remedy shall constitute a
waiver thereof, and no waiver of any breach shall 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
shall be effective unless it is in writing and is signed by the Party asserted to have granted such
waiver.
(j) Force Majeure. Neither City nor Developer, as the case may be, will be
considered not to have performed its obligations under this Agreement or in Default in the event
of force majeure (“Force Majeure”) due to causes beyond its control and without its fault,
negligence or failure to comply with Applicable Laws, including: acts of God; acts of public
enemy; litigation concerning the validity and enforceability of this Agreement or relating to
transactions contemplated hereby (including the effect of petitions for initiative or referendum);
fires, floods, restrictions, strikes, embargoes, labor disputes, and unusually severe weather or the
delays of subcontractors or materialmen due to such causes; a Public Health Event; acts of a public
enemy, war, terrorism or act of terror (including bio-terrorism or eco-terrorism); nuclear radiation;
declaration of national emergency or national alert; blockade, insurrection, riot, labor strike or
interruption; extortion, sabotage, or similar occurrence; any exercise of the power of eminent
domain, condemnation, or other taking by the action of any governmental body on behalf of any
public, quasi-public, or private entity; or declaration of moratorium or similar hiatus directly
affecting the Project (whether permanent or temporary) by any public, quasi-public or private
entity. In no event will Force Majeure include any delay resulting from general economic or
market conditions, unavailability for any reason of particular tenants of portions of the Project, nor
from the unavailability for any reason of particular contractors, subcontractors, vendors, investors
or Lenders desired by Developer in connection with the development of the Project, it being agreed
that Developer will bear all risks of delay which are not Force Majeure. In the event of the
occurrence of any such Force Majeure, the time or times for performance of the obligations of the
Party claiming delay will be extended for a period of the Force Majeure; provided that the Party
seeking the benefit of the provisions of this Subsection (j), within thirty (30) days after such event,
will notify the other Party of the specific delay in writing and claim the right to an extension for
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the period of the Force Majeure.
(k) Further Documentation. The Parties agree in good faith to execute such
further or additional instruments and documents and to take such further acts as may be necessary
or appropriate to fully carry out the intent and purpose of this Agreement.
(l) Fair Interpretation. The Parties have been represented by counsel in the
negotiation and drafting of this Agreement and this Agreement shall be construed according to the
fair meaning of its language. The rule of construction that ambiguities shall be resolved against
the Party who drafted a provision shall not be employed in interpreting this Agreement.
(m) Computation of Time. In computing any period of time under this
Agreement, the date of the act or event from which the designated period of time begins to run
shall not be included. The last date of the period so completed shall be included unless it is a
Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next
day which is not a Saturday, Sunday, or legal holiday. The time for performance of any obligation
or taking any action under this Agreement shall be deemed to expire at 5:00 p.m. (Phoenix, Arizona
time) on the last day of the applicable time period provided in this Agreement. A “business day”
shall mean a City business day which is any day Monday through Thursday except for a legal
holiday in which City offices are closed.
(n) Third-Party Beneficiaries. This Agreement is intended for the exclusive
benefit of the Parties. Nothing set forth in this Agreement is intended to create, or will create, any
benefits, rights, or responsibilities in any Third Party unless specifically set forth herein, except
that the City Indemnified Parties shall have the right to enforce the Indemnity obligations in this
Agreement applicable to them should a Claim arise.
(o) Conflict of Interest. Pursuant to A.R.S. § 38-503 and A.R.S. § 38-511, no
member, official, or employee of City shall have any personal interest, direct or indirect, in this
Agreement, nor shall any such member, official, or employee 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.
(p) Entire Agreement. This Agreement, together with the Recitals and the
following Exhibit(s) attached hereto (which are incorporated herein by this reference), constitute
the entire agreement between the Parties:
Exhibit A: Legal Description of the Encumbered Real Property
Exhibit B: Landscape Improvements and Site Plan
Exhibit C: ADOT Encroachment Permit
All prior and contemporaneous agreements, representations, and understandings of the Parties,
oral or written, are superseded by and merged in this Agreement.
(q) Headings. The Section and Subsection headings contained in this
Agreement are for convenience in reference only and are not intended to define or limit the scope
of any provision of this Agreement.
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(r) Time of the Essence. Time is of the essence in this Agreement and with
respect to the performance required by each Party hereunder.
(s) Severability. If any provision(s) of this Agreement is/are declared void or
unenforceable, such provision(s) shall be severed from this Agreement, which shall otherwise
remain in full force and effect.
(t) Amendments. Any change, addition, or deletion to this Agreement requires
a written amendment executed by both City and Developer. Within ten (10) days after any
amendment to this Agreement, such approved amendment shall be recorded in the official records
of Maricopa County, Arizona.
(u) Proposition 207 Waiver. Developer hereby waives and releases City 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 of the Property, as a result of City’s approval of this Agreement.
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.
(v) Preserve 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 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.), City and Developer 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 thirty (30) days of notice from the
Attorney General pursuant to and under the provisions of A.R.S. § 41-194.01(B)(1), City and
Developer cannot agree to modify this Agreement so as to resolve the violation with the Attorney
General, this Agreement shall automatically terminate at midnight on the thirtieth (30th) day after
receiving such notice from the Attorney General, and upon such termination the Parties shall 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), City shall be entitled to terminate this Agreement, except if Developer posts such
bond, if required; and provided further, that if the Arizona Supreme Court, determines that this
Agreement violates any provision of state law or the Constitution of Arizona, City or Developer
may terminate this Agreement and the Parties shall have no further rights, interests, or obligations
in this Agreement or claim against the other Party for a breach or Default under this Agreement.
[SIGNATURES OF THE PARTIES APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS WHEREOF, the Parties have executed this Development Agreement on the
dates set forth below.
“CITY”
CITY OF MESA, ARIZONA,
An Arizona municipal corporation
By:
Its:
Date:
ATTEST:
By:
City Clerk
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IN WITNESS WHEREOF, the Parties have executed this Development Agreement on the
dates set forth below.
“DEVELOPER”
The Grove at Lehi Community
Association, an Arizona non-profit
corporation.
By: Patrick Adler
___________________________________
Its: President
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 Grove at Lehi Community Association, an Arizona non-
profit corporation.
Notary Public
My Commission Expires:
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Tracts B–K, according to the plat recorded in the Office of the County Recorder of Maricopa
County, Arizona, in Book 1641 of Maps, Page 4.
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EXHIBIT B
DEPICTION OF ADOT PROPERTY
(SEE ATTACHED)
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Approximate Location of existing
36" Reclaimed Water Line
(to be blue-staked)
Proposed Trees (typ)
Proposed Tree
Irrigation System
(fed by HOA water)
Note: All trees are to maintain a distance of 15' from the centerline of
the blue staked existing 36" Reclaimed Water Line. +/-28 Trees (24" Box) a mixture of mesquite trees & live oak trees
Note: all trees are to remain 20' away from the concrete channel

EXHIBIT C
ENCROACHMENT PERMIT
(SEE ATTACHED)
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Docusign Envelope ID: 4181B09D-4B9D-80A9-839C-563F35954150
September 10, 2026
Stephan Bach
CITY OF MESA
300 E 6th St
Mesa, AZ. 85211
RE: ADOT PERMIT NO: 1238855 / Location: SR-202(B) @ 18.000-18.000
Dear Stephan Bach:
Before proceeding with the attached permit, valid until 11/22/2026. Please read the specifications
and standards which are included as part of your permit.
Please be advised ADOT has a moratorium during the holidays and all work shall stop the day before a
holiday and/or holiday weekend. A mandatory preconstruction meeting shall be scheduled prior to any
construction activities with all municipalities impacted. Failure to schedule the meeting will suspend the
permit until further notice.
Permittee shall submit, the Road Restrictions Report Form, to the ADOT Central Permit Office, via Email
(CentralPermit@azdot.gov), 10 business days in advance, when encroaching onto ADOT ROW. Permittee may
request the use of ADOT permanent Variable Message Sign Board, if applicable.
It is of utmost importance, before starting work within the highway right-of-way, that you use an approved
traffic control set-up if traffic will be or could possibly be involved.
After reading the permit, if you feel it covers the work you wish to do, and you are ready to pursue the project to its
completion please notify your area inspector, Jorge Ruiz at 480-708-0580, 10 business days prior to beginning any work.
If work cannot be completed by the expiration date shown on the permit, please submit written justification
for a time extension as well as a current insurance certificate naming the State of Arizona and ADOT as
additional insured.
If I may be of any further assistance to you, please feel free to call.
Si
Jorge Ruiz
Central District Permits Office
2140 W Hilton Avenue
Phoenix, AZ 85009
Phone: 480-708-0580
jruiz@azdot.gov
ARIZONA DEPARTMENT OF TRANSPORTATION
azdot.gov
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Docusign Envelope ID: 4181B09D-4B9D-80A9-839C-563F35954150
NOTICE OF COMPLETION
Jorge Ruiz
Central District Permits Office
2140 W Hilton Avenue
Phoenix, AZ 85009
Tel: 480-708-0580
THIS IS TO INFORM YOU THAT ADOT PERMIT# 1238855, HAS BEEN COMPLETED.
COMPLETION DATE:
LOCATION:
(Signature Required)
CITY OF MESA
300 E 6th St
Mesa, AZ 85211
480-644-5640
PLEASE EMAIL THIS TO US WHEN YOU HAVE COMPLETED YOUR WORK: jruiz@azdot.gov
SR-202(8)@ 18.000-18.000
{00620452.4} ARIZONA DEPARTMENT OF TRANSPORTATION
206 5. 17th Ave. I Phoenix, AZ 85007 I azdot.gov
ADOT SPS 2026-2027 Holiday Blackout Schedule Version #1.0 Date: 11/12/2026

Docusign Envelope ID: 4181809D-489D-80A9-839C-563F35954..150 ID' . p .
centra 1stnct erm1ts
T136750
P1238855
ADOT 2026 Holiday Blackout Schedule
NOTE: NO traffic restrictions will be allowed on and during the following holiday schedule. Unless
otherwise approved by the District Engineer and/or the District Administrator. All traffic control must be
pulled off right of way by 12 Noon of the start day and may resume after 5 am of the end day. ADOT
Districts may also impose the restriction for daylight hours only.
Holiday Start day: End day:
Civil Rights Day 01/16/2026 01/20/2026
Presidents Day 02/13/2026 02/17/2026
Memorial Day 05/22/2026 05/26/2026
Independence Day 07/03/2026 07/06/2026
Labor Day 09/04/2026 09/08/2026
Columbus Day 10/09/2026 10/13/2026
Veteran's Day 11/10/2026 11/12/2026
Holiday Season 11/13/2026 1/03/2027
ADOT 2027 Holiday Blackout Schedule
Holiday Start day: End day:
Civil Rights Day 01/16/2027 01/20/2027
Presidents Day 02/13/2027 02/17/2027
Memorial Day 05/22/2027 05/26/2027
Independence Day 07/03/2027 07/06/2027
Labor Day 09/04/2027 09/08/2027
Columbus Day 10/09/2027 10/13/2027
Veteran's Day 11/10/2027 11/12/2027
Holiday Season 11/12/2027 1/04/2027
{00620452.4} ARIZONA DEPARTMENT OF TRANSPORTATION
206 5. 17th Ave. I Phoenix, AZ 85007 I azdot.gov
ADOT SPS 2026-2027 Holiday Blackout Schedule Version #1.0 Date: 11/12/2026

Docusign Envelope ID: 4181B09D-4B9D-80A9-839C-563F35954150
ARIZONA DEPARTMENT OF TRANSPORTATION
Central District Permits
T136750 www.azdot.gov Project Delivery and Operations Division
P1238855 ENCROACHMENT PERMIT APPLICATION
FOR ADOT USE:
ADOT Agreement Number: ECS JPA OTHER:
PERMIT NUMBER: 1238855 ROUTE: SR202 MILEPOST: 18
ADOT PROJECT NUMBER: ADOTENGINEERING STATION: DISTRICT:
NAME OF ENCROACHMENT OWNER: Same as Encroachment Owner:
NAME OF PRIME CONTRACTOR/ FIRM: 11 other:
City of Mesa Same as Encroachment Owner
Mailing Address of Owner: Mailing Address of Prime Contractor/ Firm:
300 East 6th Street 300 East 6th Street
City: City:
Mesa 85211 Mesa 85211
State: Zip: State: Zip:
Arizona Arizona
Phone: Phone:
(480)-644-5640 (480)644-5640
E-mail Address: E-mail Address:
stephan.bach@mesaaz.gov
Local Point of Contact Name: Phone Number: Local Point of Contact Name: Phone Number:
Stephan Bach (City of Mesa) (480)644-5640 Stephan Bach (480)644-5640
TRAFFIC CONTROL COMPANY: NA PHONE NUMBER:
CONTACT NAME: NA EMAIL:
HIGHWAY/ROUTE: SR 202 Approximately: 1850 Feet: N w O Milepost: 18
Side Highway: ND SD E ■ City (in or near): Mesa Cross Street:
Encroachment Owner's Parcel Number: 141-02-210 Encroachment Owner's Project Number:
DESCRIPTION OF PROPOSED WORK OR ACTIVITY TO OCCUR IN RIGHT OF WAY: Project Duration within ADOT ROW: 30 days
Installation of live oaks and mesquite trees along the SR 202 frontage adjacent to the Lehi Grove development.
Tree placements are staggered on either side of the water line. No temporary traffic control is needed for this project.
Certificate of Insurance with endorsements and checklist are required for all permit submissions. If any Boring, Trenching or digging the XCU Endorsement is required.
The Encroachment Owner will be the Permittee. By signing this application, the Encroachment Owner and the Prime Contractor / Firm acknowledge
information given and statements made in this application are true and correct to the best of his/her knowledge. THE ENCROACHMENT OWNER MUST ALSO
SIGN ON PAGE TWO TO AGREE TO ACCEPT THE GENERAL OBLIGATIONS AND RESPONSIBILITIES AS DESCRIBED ON PAGE TWO OF THIS APPLICATION.
accepting an approved encroachment permit ONCE ISSUED the Permittee agrees to the requirements described in the permit, to be responsible
for all permit requirements, and to comply with ADOT's requirements as set out in the permit. An approved permit consists but is not
this application and final supporting documentation approved by ADOT, and any requirements set by ADOT. NO WORK SHALL TAKE PLACE INSIDE THE RIGHT OF
WAY WITHOUT AN APPROVED PERMIT ON SITE.
Stephan Bach 8/25/26
Encroac and Sign)
City of Mesa 8/25/26
Prime Contractor/ Firm: If other than the Encroachment Owner Name and Sign)
Traffic Control Company Representative (Print Name and Sign) Date
FORADOT
PERMIT TO USE STATE HIGHWAY RIGHT-OF-WAY
This application is approv is issued to the Permittee. Construct or the period indicated below.
Authorized ADOT Name and g Authorized ture
9/10/2026 11/22/2026
PERMIT ISSUED PERMIT WORK TO BE COMPLETED BY
AOOT ENCROACHMENT PERMIT APPLICATION REVISEO 02//2026
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Docusign Envelope ID: 4181B09D-4B9D-80A9-839C-563F35954150
Central District Permits
ENCROACHMENT PERMIT APPLICATION GENERAL OBLIGATIONS AND RESPONSIBILITIES
T136750
THE PERMITTEE SHALL: P123B855
1. Assume all legal liability and financial responsibility for the encroachment activity for the duration of the encroachment, including indemnify, defend, and save
harmless ADOT and the State of Arizona and any of its departments, agencies, boards, commissions, universities, officers, officials, agents and employees from and
against any and all claims, demands, suits, actions, proceedings, loss, costs, damages of every kind, or expenses, including court costs, reasonable attorney's fees and/or
litigation expenses, and costs of claim processing and investigation, arising out of bodily injury or death of any person, or tangible or intangible property damage, caused,
or alleged to be caused, in whole or in part, by the negligent or willful acts, or omissions of the Permittee, any of its directors, officers, agents, employees, or volunteers,
or its contractor or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation Law or arising out of the
contractor's failure to conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree. Permittee and Contractor agree to provide ADOT
with certificate(s) of insurance (COi) consistent with the requirements stated in the ADOT Permit Insurance Matrix and to provide the State of Arizona/ADOTwith
endorsements or evidence to satisfy the Additional Insured, Waiver of Subrogation and Primary/Non-Contributory coverage requirements. The required insurance shall
be kept in force by the Permittee and its contractors/subcontractors for the term of the permit and shall not expire, be canceled or materially changed to affect coverage
available to the State without thirty (30) days written notice to the State. Automobile and Worker's Compensation coverage requirements are dependent upon the use of
employees and autos for the encroachment activity. Permittee agrees to maintain and make available to ADOT all contractors/subcontractors' certificates upon demand.
ADOT reserves the right to require an increase or allow a decrease in insurance limits or coverage based on the risks and financial exposure arising out of the event or
activity proposed in the permit application.
2. Comply with Environmental Laws.
a. Environmental Laws refer collectively to any and all federal, state, or local statute, law, ordinance, code, rule, regulation, permit, order or decree regulating, relating
to, or imposing liability or standards of conduct on a person discharging, releasing or threatening to discharge or release or causing the discharge or release of any
hazardous or solid waste or any hazardous substance, pollutant, contaminant, water, wastewater or stormwater, and specifically includes, but is not limited to: The
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act; the Comprehensive Environmental Response, Compensation and Liability Act,
as amended; the Toxic Substances Control Act; the Clean Water Act (CWA); the Clean Air Act; the Occupational Safety and Health Act; the Arizona Water Quality Act
Revolving Fund Act, the Arizona Hazardous Waste Management Act, any applicable National Pollutant Discharge Elimination System (NPDES) or Arizona Pollution
Discharge Elimination System (AZPDES) permit, any applicable CWA Section 404 permit, or any local pretreatment or environmental nuisance ordinance.
b. The Permittee (and/or their agent) specifically agree that in the course of performing any activity for which this Permit is necessary:
I. Shall comply with any and all Environmental Laws;
II. Ensure that no activity under this Permit shall cause ADOT to be in violation of any Environmental Laws;
Ill. Indemnify ADOT for any losses, damages, expenses, penalties, liabilities or claims of any nature whatsoever suffered by or asserted against ADOT.
c. If the Permittee fails or refuses to comply with any Environmental Laws, or causes ADOT to be in violation of any Environmental Laws; ADOT may at its sole and
unreviewable discretion, (1) revoke this Permit; (2) require the Permittee to undertake corrective or remedial action to address any release or threatened release or
discharge of the hazardous substance, pollutant or contaminant, water, wastewater or storm water; and (3) expressly consents to entry of injunctive relief to enforce
any listed remedies.
3. Be responsible for any repair or maintenance work and repair any aspect or condition of the encroachment that causes danger or hazard to the traveling public, for
the duration of the encroachment and must perform such work under the appropriate encroachment permit authorization.
4. Comply with ADOT's traffic control standards with an ADOT approved traffic control plan.
5. In any case and at the Department's discretion; ADOT may require written approval from the abutting property owner prior to issuance of the encroachment permit.
If the encroachment encroaches on abutting property owned by someone other than the permittee (and/or on underlying fee land owned by someone other than the
permittee where ADOT owns its right of way by easement), the Permittee must obtain written approval from the abutting property owner (and/or underlying fee owner
where ADOT owns its right of way by easement).
6. ADOT reserves the right to require the permittee to perform any repairs necessary to address damages caused by the encroachment throughout the life of the
encroachment.
7. Remove the encroachment and restore repair the portions of the right-of-way that were damaged as a result of the encroachment to substantially the same
condition as existed prior to the damage if ADOT cancels the encroachment permit, and terminates all rights under the permit, or if the project terminates for any reason
beyond ADOT's control.
8. Reimburse ADOT for costs incurred or deposit with ADOT money necessary to cover all costs incurred for activities related to the encroachment, such as inspections,
restoring and/or repairing portions of the right-of-way damaged by the encroachment to substantially the same condition as existed prior to the damage, removing the
encroachment, or repair encroachment to originally permitted condition and comply with ADOT's bond policy as applicable.
9. Notify new owners of property or encroachment to apply for an ADOT encroachment permit, as required by Arizona Administrative Rule R17-3-502(D).
10. Apply for a new encroachment permit if the use of the permitted encroachment or the use of adjoining property changes.
11. Keep a copy of the encroachment permit at the work site or site of encroachment activity.
12. Construct the encroachment according to attached Specifications, Standards and the plans approved by ADOT as part of the final permit; any field changes shall be
approved by ADOT prior to implementation.
13. Obtain all required permits from other government agencies or political subdivisions.
14. Remove any defective materials, or materials that fail to pass ADOT's final inspection, and replace them with materials ADOT specifies.
15. Have the right to a hearing as prescribed in Arizona Administrative Code, R17-3-509 if the permit application is denied.
16. Understand that once issued, the permit is revocable and subject to modification or abrogation by ADOT at any time, without prejudice.
17. Following the installation or relocation of utilities within ADOT Rights-of-Way, utility companies are required to provide as-built drawings.
18. Certify that the Permittee shall secure overlash approval existing poles from the utility company pole owner. I certify I have written approval as necessary or have
verified no approvals are required or needed. Initial
19. Certify that the Permittee shall secure from the existing utility owner to enter the existing sleeve, conduit, inner duct, cabinets, handholes or manholes to install
additional infrastructure as noted on Page 1. I certify I have written approval as necessary or have verified no approvals are required or needed. Initial
20. Where ADOT holds an easement interest, certify the Permittee has written approval from any underlying fee owner to include government entities, p al
subdivisions, and private property owners. I certify I have written approval as necessary or have verified no approvals are required or needed. Initial
21. The Permittee shall: In the event of a future relocation, reimburse the Department for any damages caused by the failure of the permittee to relocate utility on
or before the relocation date provided by the Department
By accepting an ADOT approved Encroachment permit, the Encroachment Owner agrees to the requirements described in the permit, to be responsible for all permit
requirements, and to comply with ADOT's requirements as set out in the permit. NO WORK SHALL TAKE PLACE INSIDE THE RIGHT OF WAY WITHOUT AN ADOT APPROVED
PERMIT ON SITE. I have read, understand and shall comply with the requirements as stated above:
Name: Stephan Bach Date: 8/25/26 Signature:
ADOT ENCROACHMENT PERMIT APPLICATION REVISED 1021/2026 Page 2 of 2
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Docusign Envelope ID: 4181B09D-489O-80A9-839C-563F35954150
ACCEPTED
ADOT Risk Management
Central District Permits
T136750
P1238855
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Docusign Envelope ID: 4181B09D-489D-80A9-839C-563F35954150
ARIZONA DEPARTMENT OF TRANSPORTATION
UTILITY CONFLICT REVIEW
QWNE.R.; Chy of Mesa
NUMBER: T136750
HIGHWAY/ CROSS STREET: Loop 202 Red Mountain and Thomas
DATE RECEIVED· 9.1.2026
PATE REVIEWED; 9.8.2026
The proposed work appears to be clear of all ADOT utilities.
The ADOT maintenance road on the east side of the channel must be maintained (18' from the
edge of the channel). No trees will be allowed within the zone. Please ensure that planting takes
into consideration the canopy of lhe Mesquite Trees (20'-40') width.
Please provide record drawings after the installation is complete.This installation is an exception
to the accommodation guidelines. The access gate that was allowed within the right of way
fence is also an exception to the accommodation guidelines. Access for the owner to maintain
the trees will need to be discussed with your permit representative.
P1238855
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{00620452.4} ARIZONA DEPARTMENT OF TRANSPORTATION
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Docusign Envelope ID: 4181B09D-489D-80A9-839C-563F35954150
GR-10 Equipment and/or materials shall not be stored within ADOT ROW without written approval from ADOT. All sign
stands, signs, flags and etcetera shall be removed from the right-of-way, or placed near the right-of-way fence, folded with
the signs removed and placed facedown, unless workers are present, or as needed by accepted TTCP.
GR-11 Traffic shall be protected in accordance with the current adopted Manual on Uniform Traffic Control Devices
(MUTCD), the current adopted Arizona Supplement to the MUTCD, and the ADOT Traffic Control Design Guidelines. All signs,
placement of signs and the necessity of flag persons are the responsibility of the Permittee. All Flaggers shall be certified by
ATTSA or the National Safety Council. (Any other certification programs must be approved by the Engineer.) The ADOT
Traffic Control Guidelines are available at:
https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references
GR-12 Proper Personal Protective Equipment (PPE) shall be required to work in the ADOT ROW. At a minimum the PPE
shall include hard hats and ANSI/ISEA 107-2004 Class Ill rated vest. Additionally and strongly recommended is eye, face, hand
and foot protection.
GR-13 If at any time it is determined it will not be possible to complete the permitted work by the expiration date of this
permit; the Permittee shall submit a written request for a time extension. The request should contain this permit number, the
reason for delay, the additional time needed, and should be submitted to the ADOT District Permit Office, for review,
acceptance and processing.
When the permit expiration date is caused by an expiring insurance, a current COi and the related endorsement sheets shall
be submitted with the written request to extend this permit.
GR-14 ADOT may make periodic site inspections and reserves the right to revise or request structural controls and
sediment trapping devices as field conditions dictate. The Contractor shall implement revisions at ADOT's request.
GR-15 All Right-of-Way Markers, disturbed, destroyed or removed during construction or related permit activity shall be
replaced by a R.L.S. per Construction Standard Drawing C-21.10. Monuments that are re-established shall be recorded at the
appropriate county recorder's office, and a copy of the County Recordation documentation shall be submitted to the
Engineer and ADOT ROW Plans Section within five working days of recordation.
GR-16 Prior to final inspection by the permits monitor, all surplus material shall be removed from the ROW and the ROW
shall be left in a clean and natural setting. Removed or damaged infrastructure shall be repaired or replaced in like kind or to
current ADOT standards at no cost to the department.
Any fence removed to facilitate work shall be replaced to an equal or better condition upon completion of work.
Any existing features, i.e. pipes, posts, signs, etc., removed or damaged during this encroachment work shall be reported to
the ADOT District Permits Office and replaced to current ADOT standards at no cost to the department.
GR-17 Temporary fencing shall completely enclose the referenced construction activity and shall be secured after normal
working hours to prevent unauthorized access.
GR-18 The Permittee shall comply with Arizona Revised Statutes, Title 40, Chapter 2, Article 6.3, (A.R.S. Sections 40-360.21
et seq.) for Underground and Overhead facilities. The Permittee shall be solely responsible for attaining clearances from other
{00620452.4} ARIZONA DEPARTMENT OF TRANSPORTATION
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Docusign Envelope ID: 4181B09D-489D-80A9-839C-563F35954150
utility companies with facilities in the area and shall be responsible for damage to any utility feature caused by Permittee,
Contractor, acts or omissions.
STATE LAW requires anyone performing any excavation activity to contact BLUE STAKE. Permittee shall call 811 or 1-800-
STAKE-IT two (2) working days prior to any excavation; or Permittee may create an online E-Stake ticket at
www.arizona811.org two (2) working days prior to any excavation. Please provide your ADOT permit number 1238855 to the
Blue Stake operator.
If Blue Stake is not available, Permittee shall be responsible for contacting all utilities directly, two working days prior to any
excavation.
GR-19 The Permittee shall be responsible to investigate, and when necessary obtain permits from underlying property
owners and other agencies; i.e. towns, cities, counties, Arizona State Land Department, United States Forest Service, Bureau
of Land Management, and Tribal Council.
GR-20 Permittee shall obtain all permits and licenses; pay all charges, fees, and taxes; and give all notices necessary and
incidental to the due and lawful prosecution of authorized work. The Permittee shall be responsible to uphold and obey all
local regulations and ordinances; and be mindful of related building and zoning regulations in concurrence with this permit.
The State shall not be liable to the Permittee or Contractor for any damage; or to refund any money paid here under. This
includes eviction by anyone owning, claiming title to, or interest in said premises or any part hereof.
GR-21 The Permittee/Contractor shall be responsible for compliance with any and all Environmental Laws.
Permittee shall be responsible to determine when applicable and acquire, and comply with the following permits:
1. OBTAINING ALL 404 PERMITS AND ANY REQUIRED STATE 401 SECTION CERTIFICATIONS IS THE
RESPONSIBILITY OF THE PERMITTEE. These programs are administered by the Corps of Engineers (COE)
and the Arizona Department of Environmental Quality (ADEQ} respectively. The Permittee is responsible
for obtaining and compliance with the necessary National Pollution Discharge Elimination System (NPDES)
and compliance with necessary (NPDES) Permit and required Storm Water Pollution Prevention Plan
(SWPPP) and approvals.. This program is administered by ADEQ.
2. The National Pollution Discharge Elimination System (NPDES).
3. Arizona Pollution Discharge Elimination System (AZPDES). This program is administered by ADEQ.
4. Required Storm Water and Storm Water Pollution Prevention Plan (SWPPP). This program is administered
byADEQ.
5. Endangered Species Act.
6. Arizona Native Plant Law.
7. Arizona Pesticide General Permit.
8. Migratory Bird Act.
9. ON TRIBAL LANDS, THE PERMITTEE IS RESPONSIBLE FOR COMPLIANCE WITH SECTION 404 OF THE
FEDERAL CLEAN WATER ACT. OBTAINING ALL 404 PERMITS AND ANY REQUIRED TRIBAL 401 SECTION
CERTIFICATIONS. These programs are administered by the Corps of Engineers (COE} and the U. S.
Environmental Protection Agency (EPA} respectively. The Permittee is responsible for obtaining and
compliance with the necessary National Pollution Discharge Elimination System (NPDES) and compliance
{00620452.4} ARIZONA DEPARTMENT OF TRANSPORTATION
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Docusign Envelope ID: 4181B09D-489D-80A9-839C-563F35954150
with necessary (NPDES) Permit and Require Storm Water Pollution Prevention Plan (SWPPP) and
approvals. This program is administered on tribal lands by the U.S. EPA.
GR-22 The use of water for control of dust shall be applied as deemed necessary by the ADOT monitor.
GR-23 When restoring the ROW to its original line and grade, it may be necessary to seed the disturbed areas. At the
request of the ADOT monitor the Permittee or Contractor shall provide a seed mixture to the ADOT District Permits Office for
a review and approval.
GR-24 In case of discrepancy or conflict with documents issued in this permit, the following list provides the order in which
they shall govern:
1. Permit Special Requirements
2. Permit Specifications
3. Accepted/Permitted Project Plans
4. Standard Drawings
5. Current ADOT Standard Specifications
GR-25 In the event that the property is sold the new property owner as per R17-3-502(D) shall apply for an encroachment
permit in the new owners name within 30 days of the date of purchase of the abutting real property.
The same code applies for when utility features are acquired, the new utility owner shall within 30 days of acquisition to
notify the ADOT Permits office in writing of the new owners name and contact information.
GR-26 Once the permitted work is accepted by ADOT for this encroachment and this permit is completed; any additional
work in the ADOT ROW shall require a new application and permit prior to entering the ADOT ROW, this includes any
maintenance work and repair work.
GR-27 The Permittee agrees by acceptance of this permit to properly maintain this encroachment. The current
encroachment owner shall be responsible for the maintenance of the encroachment placed in the ROW as authorized by this
permit for the life of the encroachment.
{00620452.4} ARIZONA DEPARTMENT OF TRANSPORTATION
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