TEMPE STATION - AMENDMENT TO DEVELOPMENT AGREEMENT.DOCX
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When Recorded Mail to:
Tempe City Attorney’s Office
P.O. Box 5002
Tempe, AZ 85280
AMENDMENT TO AGREEMENT
C99-291A
This Amendment is made and entered into this ____ day of ___________, 2026 (the
“Amendment”) by and between the City of Tempe, a municipal corporation of the State of Arizona,
(the “City”) and Tempe Station Owner, LLC, a Delaware limited liability company (“Tempe
Station”), as successor in interest to Tempe I Holdings Limited Partnership, a Texas limited
partnership (“Tempe Holdings”) amending the Agreement, dated December 16, 1999, and
recorded December 22, 1999 as Document No. 99-1141076 in the Official Records of Maricopa
County (the “Official Records”) (the “Agreement”), entered into by and between the City and
Tempe Holdings.
RECITALS:
I.
Pursuant to Development Services Case No. GEP-98.3 l/ZON-98.18 and SIP-98.84
(the “Development Services Conditions of Approval”) a 25-foot-wide Multi-Use-Path Easement
(the “Path Easement”) was dedicated to the City upon real property (the “Property”) known as
Broadstone Tempe Station (previously known as Alexan Tempe Apartments) as indicated on the
Final Plat of the Alexan Tempe Apartments, (as recorded in Book 537, Page 18 of the Official
Records) and now owned by Tempe Station, which Path Easement extends along the east and south
boundary of the Property.
II.
Pursuant to the Development Services Conditions of Approval, certain
Improvements (the “Path Improvements”) were installed within the Path Easement for the use of
the public. Those Path Improvements included the following:
1.
Eight-foot-high masonry wall (“Masonry Wall”) or wrought iron fence
screen wall;
2.
Ten-foot-wide and six-inch thick concrete Multi-Use-Path to be placed over
four (4) inches of compacted aggregate base coarse (“10-Foot-Wide
Concrete Multi-Use-Path”);
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3.
“Catalina” luminaire fixture placed eighty (80) feet on center on the outside
edge of the Multi-Use-Path, and as depicted on City of Tempe Public Works
Department Detail T-656, 1 of 3 and 3 of 3 (the “Multi-Use-Path Light
Fixtures”); and,
4.
Landscape and irrigation improvements.
III.
It is the desire of the City and Tempe Station to set forth an agreement for
maintenance of the Multi-Use Path and Path Improvements contained within the Path Easement
as more fully set forth below.
IV.
It is the desire of the City and Tempe Station to set forth an agreement for the
maintenance and cost-sharing of the Future Property Improvements (as defined below).
NOW THEREFORE, it is agreed as follows:
1.
City shall maintain, including removal and replacement if required, the following
improvements as described below and keep the same in a reasonable and safe manner for use by
the public:
a)
10-Foot-Wide Concrete Multi-Use Path;
b)
Multi-Use-Path Light Fixtures, including energy costs and electrical control
panel;
c)
Landscaping adjacent to Multi-Use Path; and,
d)
City shall also perform routine maintenance of Multi-Use Path and
immediately adjacent landscaping including necessary debris and trash
removal.
2.
Tempe Station shall maintain, including removal and replacement if required, the
wrought iron fence, landscaping and irrigation improvements, and trash and debris removal for
areas north of the wrought iron fence (away from Multi-Use Path) which are owned by Tempe
Station.
3.
The City and Tempe Station hereby acknowledge and agree that Tempe Station will
remove the Masonry Wall with the cost of such removal to be borne by Tempe Station. Tempe
Station shall begin to affect the removal of the Masonry Wall within twenty (20) business days of
the execution of this Agreement by engaging a contractor of Tempe Station’s choice. After the
removal of the Masonry Wall, Tempe Station shall restore the landscaping to substantially the
same standard as that of the adjacent existing landscaping. The City and Tempe Station hereby
expressly agree that the removal of the Masonry Wall will not require replacement of same, in any
manner whatsoever, by Tempe Station. In the event the City later desires the reconstruction or
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replacement of the Masonry Wall, the City shall be solely responsible for all costs associated with
the reconstruction or replacement.
4.
To the extent Tempe Station elects to install or implement any of the Future
Property Improvements, the City and Tempe Station shall equally split the cost related to and for
such installments or actions contained within the Property (defined in subsection a) of this
Section); provided, however, Tempe Station shall bear the full costs related to and for such
installments or actions of the Discretionary Cost-Share Improvement contained with the Property
(defined in subsection b) of this Section) unless the City Manager or designee executes a written
advance approval agreeing to split the costs.”
a)
The following list shall be included as “Future Property Improvements”:
I.
Improving lighting on the Property, including additional
lighting fixtures;
II.
Painting over graffiti, whether now existing or in the future,
including that located on the bridge adjacent to the southeast
corner of the Property, where the train tracks cross over the
canal, roughly forty (40) feet south from the east edge of the
Masonry Wall; and,
III.
Removing all six (6) benches on the east side of the Property
that are along the west bank of the canal.
b)
Tempe Station shall only bear the costs associated with the physical removal
of the specific future improvement described below and contained within
the Property, unless the City Manager or designee executes a written
approval expressly agreeing to share in the costs of such improvements (the
“Discretionary Cost-Share Improvement”). For all other costs associated
with this future improvement, the City will be solely responsible.
I.
City considers the red news stand located on the south side
of Apache Boulevard directly underneath the light that
allows for access to the Park-N-Ride to the south to be
protected from arbitrary removal under Freedom of Speech
(US First Amendment). City shall contact and request
maintenance and/or replacement with the applicable news
stand organization. City shall use all reasonable efforts to
effectuate the maintenance and/or replacement of the news
stand and obtaining approval from the applicable news stand
organization.
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5.
Tempe Station, or its successors and assigns, may, but shall not be required to,
install or implement any of the Future Property Improvements set forth above. Any such Future
Property Improvements shall be based on plans provided to and approved by all applicable City
Departments. Within twenty (20) days after Tempe Station submits the plans for any Future
Property Improvements, the applicable City Department shall either approve the plans or provide
written comments specifying the reasons for non-approval. In the event of non-approval, Tempe
Station may resubmit the plans addressing the applicable City Department’s comments for non-
approval and, upon resubmission by Tempe Station, the City Department shall, within twenty (20)
business days, either approve the plans or provide further written comments specifying the reasons
for non-approval. Approval shall not be unreasonably withheld by the applicable City Department.
The applicable City Department’s failure to timely respond to the submission or resubmission of
plans shall constitute an approval. In the event Tempe Station obtains any such approval by
applicable City Departments for any of the Future Property Improvements, it may elect not to
proceed with same and shall not be required to.
6.
To the extent the City or Tempe Station desires the installation of other
improvements outside of the identified Path Improvements or Future Property Improvements
(“Other Improvements”), the Parties may acknowledge and agree in writing that is duly executed,
separate from this Amendment, as to the installation of the Other Improvements, including the
responsibility of costs concerning same.
7.
Unless specifically amended herein, all other provisions of the Agreement remain
in full force and effect. In the event of any conflict between the provisions of this Amendment and
the Agreement, the provisions of this Amendment shall control.
8.
This Amendment shall not be amended, modified, or terminated without the written
approval and consent of both the City and Tempe Station or its successors or assigns, acting
through its appointed manager.
9.
This Amendment shall be recorded with the Maricopa County Recorder’s office in
order to place all persons who may succeed the interest of Tempe Station upon notice of the
obligations set forth in this Amendment and these obligations shall remain in effect until a
recordation of a termination or modification of this Amendment.
[Signatures appear on following page]
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IN WITNESS WHEREOF, the parties have set their hands the date first mentioned above.
TEMPE STATION OWNER, LLC, a Delaware
limited liability company
By:
Tempe Station Investor Holdings, LLC, a
Delaware limited liability company, its sole
member
By:
Broadstone Tempe Station Alliance,
LLC, a Delaware limited liability
company, its administrative member
By
Russ Kindorf
Member
STATE OF ARIZONA
)
: ss:
COUNTY OF MARICOPA
)
The foregoing instrument was acknowledged before me this ______ day of ___________,
2026, by Russ Kindorf, a Member of Broadstone Tempe Station Alliance, LLC, a Delaware limited
liability company, the Administrative Member of Tempe Station Investor Holdings, LLC, a
Delaware limited liability company, the sole member of Tempe Station Owner, LLC, on behalf of
the limited liability company.
Notary Public
(SEAL)
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CITY OF TEMPE
By:
Corey D. Woods, Mayor
ATTEST:
Kara A. DeArrastia, City Clerk
APPROVED AS TO FORM:
Eric C. Anderson, City Attorney
STATE OF ARIZONA
)
: ss.
County of Maricopa
)
This instrument was acknowledged before me this ____ day of _______________________,
2026 by ____________________________, of ____________________.
Notary Public in and for State of Arizona