Development Agreement

City of Mesa — City Council (2026-05-18)

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WHEN RECORDED RETURN TO: 
 
City of Mesa 
Attn: Real Estate Department 
20 East Main Street 
Mesa, Arizona 85201 
 
 
DEVELOPMENT AGREEMENT 
 
This development agreement (DA26-00012) is between the City of Mesa, an Arizona municipal 
corporation (“City”) and WS Holdings I, LLC, an Arizona limited liability company (“Owner”).   
 
A. 
Owner owns approximately 5.9 +/- acres of property located approximately 280 feet east 
of the northeast corner of South Signal Butte Road and East Southern Avenue as legally 
described in Exhibit A and depicted in Exhibit B (the “Property”). For reference purposes 
only, and not as a limitation or modification of the Property as legally described in Exhibit 
A and Exhibit B, as of the date of this agreement, the Property is identified by the Maricopa 
County Assessor as Assessor’s Parcel Number APN 220-76-002X.   
 
B. 
The Property is currently zoned Limited Commercial (LC), with a previously approved 
development plan depicting a major tenant or grocery store on the Property. Owner desires 
to use a portion of the Property as an automotive retail store and a Minor 
Automotive/Vehicle Service and Repair facility (as defined in Title 11 of the Mesa City 
Code (“Zoning Ordinance”), Chapter 86), and has submitted an application in Zoning Case 
ZON25-00256 for a Major Site Plan Modification; a rezoning action that would amend 
certain conditions of Ordinance No. 3884, and, if approved, permit the planned Minor 
Automotive/Vehicle Service and Repair facility and, may allow for a future automotive 
retail store.  
 
C. 
The City’s adopted General Plan contemplates the use of development agreements in 
conjunction with rezonings to further ensure consistency with the General Plan. Pursuant 
to A.R.S. § 9-500.05, such development agreements may include mutually agreed upon 
restrictions on permitted land uses within a proposed development to, among other reasons, 
ensure consistency with the General Plan’s vision, guiding principles, strategies, and future 
land use plan, promote compatibility with neighboring development, and encourage high-
quality development. To that end, Owner has agreed, as an element of the above-named 
rezoning, to limit certain land uses that otherwise may be permitted in the LC zoning 
district or may be permitted on the Property in the future, to further facilitate high-quality 
development and compatibility with the General Plan and neighboring development. 
 
D. 
Owner acknowledges that certain land uses or activities, which will be prohibited or 
restricted on the Property by this agreement, may involve rights protected by the First 
Amendment to the United States Constitution or by free speech protections provided under 
Arizona’s Constitution; specifically Tattoo and Body Piercing Parlor uses and Sexually 
Oriented Businesses (as defined in subsection 3(p) below). Through this agreement, and to

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the extent permitted by law, Owner is intentionally and voluntarily waiving constitutional 
rights protected by the First Amendment to the U.S. Constitution or Arizona’s Constitution 
that are implicated in these identified land uses and activities in exchange for the ability to 
develop the Property as contemplated by Owner and the City in the zoning case and this 
agreement.  
 
E. 
The parties desire to enter into this development agreement for the purpose of prohibiting 
and restricting certain land uses and activities on the Property that may otherwise be 
permitted by the Zoning Ordinance 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.   
 
The parties agree as follows: 
 
1. 
Definitions. Land use types and activities addressed in this agreement are defined by the 
Zoning Ordinance, Chapters 86 and 87, unless otherwise noted. 
 
2. 
Running with the Land.  The duties, obligations, and waivers set forth in this agreement 
are covenants running with the land and are binding and enforceable upon the Property and 
Owner and its successors and assigns. This agreement, including the prohibitions and 
restrictions on use in sections 3 and 4, and waivers in section 5, are binding and enforceable 
upon Owner, tenants, and all applicants for any City permit or approval needed to develop, 
construct, or improve any portion of the Property. 
 
3. 
Prohibited Uses and Activities: General.  The following land uses and activities are 
prohibited on the Property and are not allowed:  
 
a. 
Boarding Houses. 
 
b. 
Clubs and Lodges. 
 
c. 
Community Centers. 
 
d. 
Plasma Centers, but not including any other types of Clinics. 
 
e. 
Kennels. 
 
f. 
Service Stations, including those with Drive-Thru Facilities and with Pick-Up 
Window Facilities. 
 
g. 
Funeral Parlors and Mortuaries. 
 
h. 
Crematories, including accessory Crematories. 
 
i. 
Pawn Shops.

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j. 
Tattoo and Body Piercing Parlors. 
 
k. 
Recycling Facilities, including all subtypes: (i) Reverse Vending Machine; and 
(ii) Small Indoor Collection Facility. 
 
l. 
Transportation Passenger Terminals. 
 
m. 
Minor Utilities. 
 
n. 
Heliports. 
 
o. 
Tobacco/Nicotine Use Establishments. “Tobacco/Nicotine Use Establishments” 
means a business that derives the majority of its revenue or business activity from 
the sale, display, delivery, distribution, or on-site consumption of tobacco, nicotine, 
smoking, or vaping products, or similar products, or related devices and 
accessories. Such products, devices, and accessories include, but are not limited to, 
cigarettes, cigars, little cigars, pipe tobacco, hookah tobacco, shisha, smokeless 
tobacco, chewing tobacco, electronic cigarettes, electronic cigars, electronic pipes, 
electronic hookahs, vape pens, vaporizers, electronic nicotine delivery systems, 
cartridges, e-liquids, e-juice, oils, waxes, mods, pipes, hookahs, water pipes, rolling 
papers, and similar items. 
 
p. 
Sexually Oriented Businesses. “Sexually Oriented Businesses” means those 
businesses classified in Mesa City Code Title 6, Chapter 16, or any use, activity, or 
business that requires a license to operate pursuant to Mesa City Code Title 6, 
Chapter 16. 
 
q. 
Marijuana Facilities, including all subtypes: (i) Marijuana Cultivation Facilities; 
(ii) Marijuana: Dual Licensee Facilities; (iii) Marijuana Establishments; (iv) 
Marijuana Infusion Facilities; and (v) Medical Marijuana Dispensaries. 
 
r. 
Automobile/Vehicle Washing.  
 
 
s. 
Towing and Impound. 
 
 
4. 
Additional Limitations on Uses and Activities. The following land uses are limited on the 
Property as set forth below: 
a. 
Minor Automobile/Vehicle Service and Repair use is permitted only in one location 
on the Property, and only if City Council, in its sole and absolute discretion, 
concurrently approves Owner’s rezoning request to modify certain conditions of 
Ordinance No. 3884, including Owner’s major site plan modification request, and 
such approvals specifically include and permit the Minor Automobile/Vehicle 
Service and Repair use. This Minor Automobile/Vehicle Service and Repair use 
restriction does not prohibit nor apply to an automotive General Retail Sales use

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that offers incidental vehicle services (e.g. windshield wiper installation, battery 
installation, headlight bulb replacement, etc.) combined with retail sales. 
b. 
A maximum of one Bank and Financial Institution is allowed on the Property, and 
such Bank and Financial Institution may include a Drive-Thru Faciality.    
5. 
Expressive Activity Restriction; Voluntary, Knowing, and Intelligent Waiver for Property 
Only.  
a. 
Acknowledgment of Rights. Owner expressly acknowledges that the land uses and 
activities of Tattoo and Body Piercing Parlor uses and Sexually Oriented 
Businesses may involve speech and expressive activity that is protected under the 
First Amendment to the United States Constitution and Article II, Section 6 of the 
Arizona Constitution. Owner is actually aware of the existence of such 
constitutional protections and the right to assert them.  
b. 
Voluntary, Knowing, and Intelligent Waiver of Rights. With full knowledge of 
those rights, and in exchange for the promises, approvals, covenants, and 
consideration set forth in this development agreement, Owner hereby voluntarily, 
knowingly, intelligently, and intentionally waives, releases, and relinquishes such 
rights, solely as to the limitation on the following land uses and activities on the 
Property: (i) Tattoo and Body Piercing Parlor uses, and (ii) Sexually Oriented 
Businesses. Owner agrees not to assert any claim, defense, or challenge to this 
agreement’s prohibitions against Tattoo and Body Piercing Parlor uses and 
Sexually Oriented Businesses as violating or unlawfully burdening any speech or 
expressive activity right of Owner provided by either the United States 
Constitution, the Arizona Constitution, or both.  
c. 
Narrowly-Tailored Restriction. Owner and City expressly agree that this restriction 
relating to Tattoo and Body Piercing Parlor and Sexually Oriented Businesses is 
narrow, parcel-specific, and privately negotiated. It applies only to the real property 
described in this agreement, only for so long as this agreement remains in effect, 
and only as to the specific land uses and activities expressly prohibited herein. 
Owner is not prohibited by this agreement from engaging in, sponsoring, leasing 
to, or otherwise exercising any rights relating to Tattoo and Body Piercing Parlor 
or Sexually Oriented Businesses elsewhere within the City of Mesa, subject to 
generally applicable and otherwise lawful time, place, and manner regulations, and 
other provisions of the Mesa City Code and Arizona law. 
d. 
Bargained for Terms. The prohibitions on Tattoo and Body Piercing Parlor and 
Sexually Oriented Businesses are bargained-for contractual terms resulting from 
the give-and-take of arm’s-length negotiations between Owner and the City, where 
the parties specifically discussed and negotiated the uses that would be prohibited, 
restricted, and permitted on the Property, including uses that may implicate 
expressive activity. The prohibited-use and restricted-use provisions in this 
agreement are the product of negotiations of the development agreement, where the 
parties had relatively equal bargaining strength, both were represented by counsel,

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and were material inducements to both parties’ willingness to enter into this 
development agreement. Owner and City specifically negotiated the list of 
prohibited uses, including Tattoo and Body Piercing Parlors and Sexually Oriented 
Businesses, and agreed to the prohibitions based upon coordinated land-use 
planning in the City, neighborhood compatibility, orderly growth, successful 
development of the Property, and the protection of the public health, safety, and 
general welfare and are intended to support a vibrant, sustainable, and well-planned 
community. 
e. 
Successors, Assigns, Tenants, Operators, and Agents. Owner covenants that neither 
Owner nor any successor, assign, tenant, operator, or other person claiming to act 
on behalf of Owner, may use the Property for a Tattoo and Body Piercing Parlor or 
Sexually Oriented Businesses during the term of this agreement, and neither Owner 
nor any such party may challenge the enforceability of this covenant on the ground 
that it violates any speech or expressive right that Owner has knowingly and 
voluntarily waived in this section 5. 
f. 
Enforceability. The prohibited land uses identified in subsections 3(j) and 3(p), 
intended to be independent, material, and severable use restrictions under this 
agreement. If any portion of this section 5 is held invalid, unconstitutional, or 
unenforceable, such determination will not, by itself, impair the validity or 
enforceability of the prohibitions set forth in sections 3(j) and 3(p). Such 
prohibitions will remain in full force and effect to the maximum extent permitted 
by law. The remaining portions of this section 5 will also remain in full force and 
effect and be enforced to the maximum extent permitted by law. 
6. 
Disputes.  The limitations on uses and activities in section 3 and section 4 are material and 
essential provisions of this agreement and City would not have entered into this agreement 
but for their inclusion herein. To the extent there is a disagreement between the parties as 
to whether a use or activity is allowed or permitted, such determination will be made by 
the City’s Zoning Administrator, who shall determine whether a proposed use or activity 
is prohibited or restricted under the agreement. The Zoning Administrator’s decision will 
be deemed a final decision, which may then be appealed, and is governed by the appeal 
process and rights, as set forth in Chapter 77 of the Mesa Zoning Ordinance.  
7. 
Tenants.  Owner acknowledges that the prohibition and restrictions on uses or activities in 
this agreement applies to the Owner and any tenant, subtenant, licensee, or sublicensee that 
occupies any portion of the Property to which the development agreement applies during 
the term of this agreement (collectively, “Tenant”). Prior to any Tenant entering into an 
agreement with Owner to occupy the Property, Owner shall notify each such prospective 
Tenant in writing of the prohibitions and restrictions applicable to the Tenant’s use or 
activities on the Property set forth in section 3 or section 4, and the waivers set forth in 
section 5 of the agreement. Owner must include language in each lease, license, or similar 
agreement that prohibits the use or activity, or conversion to such use or activity, of the 
Property or Tenant’s space that would result in a violation of section 3 or section 4 of the 
agreement.

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8. 
Term/Termination.  This agreement is effective on the date it is recorded in accordance 
with section 9.1 and will continue in full force until automatically terminated upon the 
earlier of (a) 30 years after the effective date, or (b) termination by the mutual written 
agreement of Owner and City.   
 
9. 
General Provisions. 
 
9.1 
Recordation.  This agreement will be recorded in its entirety in the Official Records 
of Maricopa County, Arizona, no later than 10 days after its full execution by the 
parties. 
  
9.2 
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: (a) hand delivered to the party at the address set forth below; (b) deposited 
in the U.S. Mail, registered or certified, return receipt requested, to the address of 
the party set forth below, postage prepaid; or (c) 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 section 9.2 may be modified by a party at 
any time by 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: 
WS Holdings I, LLC 
Attn: Tom Higginbotham 
4215 N. Winfield Scott Plaza 
 
 
 
 
 
Scottsdale, AZ 85251 
 
with a copy to: 
Withey Morris Baugh, PLC 
Attn: Adam Baugh 
 
 
 
 
 
2121 E. Highland Avenue 
Phoenix, AZ 85016 
 
 
 
 
 
Notices are deemed received by a party: (i) when hand delivered to the party; (ii)

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three business days after being placed in the U.S. Mail, properly addressed, with 
sufficient postage; or (iii) the next 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 the next 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.   
 
9.3 
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; 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. 
 
9.4 
Default.  In the event a party fails to perform or otherwise fails to act in accordance 
with any term or provision hereof (the “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 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 the applicable term(s) or provision(s) in this agreement, then 
the Defaulting Party will notify the Non-Defaulting Party of the timeframe needed 
to cure the 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 will be extended for the requested 
reasonable cure period; however, no such extended cure period will exceed 90 days. 
Any written notice must specify the nature of the default and the manner in which 
the default may be satisfactorily cured, if possible. 
 
9.5 
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 Owner fails 
to perform or fails to otherwise act in accordance with any term or provision hereof, 
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 specific performance remedy provided in this section will be 
cumulative relief and is not a limitation on other remedies available to City, 
including the right to seek contract damages under this agreement.  Additionally, 
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, permit, or certificate of occupancy if Owner allows any of the prohibited 
uses or violates any of the restrictions/limitations identified in this agreement.

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9.6 
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 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. 
 
9.7 
Assignment.  The provisions of this agreement are binding upon and inure to the 
benefit and burden of the parties, and their successors and assigns. Wherever the 
term “party” or the name of any particular party is used in this agreement such term 
will include any such party’s permitted successors and assigns. 
 
9.8 
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. 
 
9.9 
Waiver.  Except as set forth in section 5, 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. Except as set forth in section 5, no waiver will be 
effective unless it is in writing and is signed by the party asserted to have granted 
such waiver. 
 
9.10 
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.   
 
9.11 
Fair Interpretation.  The parties were each represented by counsel or were given the 
opportunity to be represented by counsel of its choosing 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. 
 
9.12 
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 will be 
deemed to expire at 5:00 p.m. (Phoenix, Arizona time) on the last day of the

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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. 
 
9.13 
Conflict of Interest.  Pursuant to A.R.S. § 38-503 and A.R.S. § 38-511, no member, 
official, or employee of 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 their personal interest or the interest of any corporation, partnership, 
or association in which they are, directly or indirectly, interested. This agreement 
is subject to cancellation pursuant to the terms of A.R.S. § 38-511. 
 
9.14 
Entire Agreement.  This agreement, together with the following Exhibits, constitute 
the entire agreement between the parties regarding the subject matter hereof: 
Exhibit A (Legal Description of the Property) and Exhibit B (Depiction of the 
Property). All prior and contemporaneous agreements, representations, and 
understandings of the parties, oral or written, are superseded by and merged in this 
agreement. 
 
9.15 
Time of the Essence.  Time is of the essence in this agreement with respect to the 
performance required by each party.   
 
9.16 
Severability.  If any provision of this agreement is declared void or unenforceable, 
such provision will be severed from this agreement, and the remainder of the 
agreement will otherwise remain in full force and effect.   
 
9.17 
Amendments.  Any change, addition, or deletion to this agreement requires a 
written amendment executed by the parties.  Within 10 days after any amendment 
to this agreement, such executed amendment will be recorded in the Official 
Records of Maricopa County, Arizona.   
 
9.18 
Proposition 207 Waiver.  Owner hereby waives and releases City from any and all 
claims under A.R.S. § 12-1134 et seq. arising out of or as a result of 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.   
 
9.19 
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.), City 
and Owner shall use all and best faith efforts to modify the agreement so as to fulfill 
each party’s 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), City and Owner 
cannot agree to modify this agreement so as to resolve the violation with the

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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), 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, 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. 
 
9.20 
Covenant.  Notwithstanding any express or implied covenant of good faith and fair 
dealing applicable to this agreement, (a) any act of a party that may be exercised in 
its sole discretion is not a breach of such covenant, and (b) such covenant does not 
require any party to extend any date for payment or performance set forth in this 
agreement. 
 
9.21 
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 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 the City Council expressly provides the City Manager or 
their designee with such authority. 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. 
 
9.22 
References to Authority.  Any reference to a statute, ordinance, regulation, law or 
similar legal authority in this agreement refers to the legal authority as it existed on 
the effective date of the agreement or as the same may be amended from time to 
time.  
  
9.23 
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.  
 
9.24 
Counterparts; Signatures.  This agreement may be executed in 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

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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: _____________________________________ 
 
ATTEST: 
 
 
By:  ___________________________________ 
 
City Clerk 
 
 
 
 
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:  
 
________________________________

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OWNER 
 
WS HOLDINGS I, LLC,  
an 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 _____________, the _____ of WS Holdings I, LLC, an Arizona limited 
liability company, on behalf of the company. 
____________________________________ 
Notary Public 
My Commission Expires:  
________________________________

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EXHIBIT A 
 
LEGAL DESCRIPTION OF THE PROPERTY

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EXHIBIT B 
 
DEPICTION OF THE PROPERTY

S. SIGNAL   BUTTE ROAD
E.    SOUTHERN    AVENUE