Supporting Document (037f51cd...)

Item 7
cmewmet
REPORT
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Meeting Date: 
February 10,2026
General Plan Element: 
Public Services, Facilities and Open Space
General Plan Goal: 
Provide city service facilities to meet the needs of the community.
ACTION
Authorize License and Maintenance Agreement No. 2026-017-COS ADOPT Resolution No. 13585 
authorizing License and Maintenance Agreement 2026-017-COS with CH Visconti at Camelback 
Communities, LLC for the installation of public improvements and maintenance of the turf on city 
property within the Indian Bend Wash located at the southwest corner of Camelback and Hayden 
Roads
RACKGROlIND
CH Visconti at Camelback Communities, LLC ("Developer") owns property just west of the southwest 
corner of Camelback 8i Hayden Roads directly adjacent to the city-owned property. Developer 
entered into a Development Agreement with the City in Contract No. 2019-200-COS. Additionally, 
Developer's parcels were the subject of a proposed rezoning in Case No. ll-ZN-2019 to change the 
applicable zoning district for their parcels from Multi-Family Residential to Planned Unit Development 
Planned Shared Development.
On December 3, 2019, the City Council passed and adopted Ordinance 4431, which approved the 
Rezoning conditioned upon compliance with all stipulations set forth in Exhibit 1 to said ordinance. 
The Stipulations require Developer to, among other things, construct a multi-use pathway connection 
across the wash, and to improve the entire width of the Indian Bend Wash adjacent to the project, 
inclusive of the City Parcels, with turf and irrigation infrastructure, subject to various conditions 
outlined therein. The Stipulations further require Developer to enter into a license and maintenance 
agreement with the City to address maintenance responsibilities for the improvements, subject to 
various conditions outlined therein.
The purpose of this action is to authorize the approval of this License and Maintenance Agreement to 
fulfil the requirements set forth in the Stipulations.
Acfion Taken. 
18269«8Tv2
Blueink Bundle ID: KEGdBVu9xu
Approved on consent

City Council Report | License & Maintenance Agreement on City Property 
ANALYSIS & ASSESSMENT
The City Attorney's Office and Real Estate worked with the various city departments and Developer to 
draft the license and maintenance agreement to address the installation and maintenance of the 
improvements as listed in the Stipulations attached to Ordinance 4431.
RESOURCE IMPACTS
Available Funding - No additional department funding would be required as part of this 
agreement
Staffing, Workload Impact- No additional department impact is anticipated except for project 
review and occasional evaluation of the area.
Maintenance Requirements and Future Budget Implications- There would be a nominal 
budget savings by the department that is currently being expensed to mow and provide 
landscape services to this area.
OPTIONS & STAFF RECOMMENDATION 
Recommended Approach
ADOPT Resolution No. 13585 authorizing License and Maintenance Agreement 2026-017-COS with CH 
Visconti at Camelback Communities LLC for the installation and maintenance of improvements on 
portions of city property within the Indian Bend.
Proposed Next Steps
If Council adopts Resolution No. 13585, the parties will execute the Agreement.
RESPONSIBLE DEPARTMENT(S)
Parks and Recreation and Preserve
STAFF CONTACT (S)
Chris Walsh, Deputy Parks and Recreation Director, (480) 312-7275 CWalsh@Scottsdaleaz.gov 
Debbie Fisher, Real Estate Management Specialist, (480) 312-7853 DFisher@scottsdaleaz.gov
Page 2 of 3
Blueink Bundle ID: KEGdBVu9xu

aty Council Report j License & Maintenance Agreement on Oty Property 
APPROVED BY
1/27/26 10:01 MST
Nick Molinari, Senior Director Parks & Rec & Preserve 
(480) 312-1011, nmolinar@scottsdaleaz.Rov
Date
ATTACHMENTS
1. Resolution No. 13585
2. Location Map
3. License and Maintenance /Agreement
Page 3 of 3
Blueink Bundle ID: KEGdBVu9xu

RESOLUTION 13585
A RESOLUTION OF THE CITY OF SCOTTSDALE, MARICOPA COUNTY, 
ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE LICENSE AND 
MAINTENANCE AGREEMENT NO. 2026-017-COS BETWEEN THE CITY AND 
CH VISCONTI AT CAMELBACK COMMUNITIES LLC (LICENSEE).
WHEREAS, it is in the best interest of the City and CH Visconti to enter into License and 
Maintenance Agreement No. 2026-017-COS for the maintenance of improvements that are 
installed in the Indian Bend Wash adjacent to the Licensee’s project.
follows:
NOW, THEREFORE, LET IT BE RESOLVED, by the Council of the City of Scottsdale as
Section 1. That Mayor is authorized and directed to execute License and Maintenance 
Agreement No. 2026-017-COS.
Section 2. The City Council hereby authorizes the City Manager or his designee to execute 
any other documents and take such other actions as are necessary to carry out the intent of this 
resolution.
Section 3. That the City Clerk is hereby directed to record License and Maintenance 
Agreement No. 2026-017-COS with the Maricopa County Recorder within ten (10) days of its 
execution by all parties.
of
PASSED AND ADOPTED by the Council of the City of Scottsdale, Arizona, this___ day
______________ , 2026.
ATTEST:
CITY OF SCOTTSDALE, an Arizona 
municipal corporation
Ben Lane. City Clerk 
»ROV^D^TOFORM: 
%
Lisa Borowsky, Mayor
dis E. Samaella, interim City Attorney 
3y: Joe Padilla, Deputy City Attorney
ATTACHMENT 1
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12/25 NTS I 1 OF 1
CITYOFf^
SCOnSDALE

WHEN RECORDED RETURN TO:
ONE STOP SHOP/RECORDS 
CITY OF SCOTTSDALE 
(Deborah Fisher, Real Estate Services) 
7447 East Indian School Road, Suite 205 
Scottsdale, AZ 85251
Contract No. 2026-017-COS 
(Resolution No. 13585) 
(11-ZN-2019 & 33-DR-2021)
LICENSE AND MAINTENANCE AGREEMENT
This LICENSE AND MAINTENANCE AGREEMENT ("Agreemenf) is made this__ day of
_, 2026 (the “Agreement Date"), by and between CH Visconti at Camelback Communities,
LLC, a Delaware limited liability company, (“Camelback” or “Licensee”) arid the City of Scottsdale, 
an Arizona municipal corporation (“City"). Licensee and the City each may be referred to herein 
individually as a “Party” and collectively as the "Parties."
RECITALS
A. 
On July 24, 1973, the City, acting through its Council, and the Maricopa County 
Flood Control District (“MCFCD”), acting through its Board of Directors, entered into an 
intergovernmental agreement bearing City Contract No. 970130 (the “MCFCD IGA"), wherein the 
City and MCFCD agreed to be jointly responsible for the design, construction, maintenance, 
operation, and repair of a flood control project known as the Indian Bend Wash Greenbelt 
Floodway Channel (“Indian Bend Wash”), as proposed by the United States Army Corps of 
Engineers (“USACE”) and in accordance with regulations prescribed by the Secretary of the Army.
B. 
The City owns certain real property located in the City of Scottsdale, Maricopa 
County, Arizona, and more specifically within the Indian Bend Wash, as described and depicted 
on Exhibit A attached hereto (“City Parcels”).
C. 
Licensee is the owner of certain reai property located at the southwest corner of 
Camelback and Hayden Roads, adjacent to the City Parcels, (“Licensee’s Parcels”) and Intends 
to develop such property in a project known as Gentry on the Green (“Project").
D. 
In connection with the Project, Licensee entered into a Development Agreement 
with the City, Contract No. 2019-200-COS, recorded at Document No. 2019-1028525 in the 
official records of Maricopa County Recorder’s Office (“Development Agreemenf).
E. 
To facilitate the Project, Licensee’s Parcels were the subject of a proposed 
rezoning in Case No. 11-ZN-2019 to change the applicable zoning district for Licensee's Parcels 
from Multi-Family Residential to Planned Unit Development Planned Shared Development 
(“Rezoning”).
F. 
On December 3, 2019, the City Council passed and adopted Ordinance 4431, 
which approved the Rezoning conditioned upon compliance with all stipulations set forth in Exhibit 
1 to said ordinance (“Stipulations”).
18736580
Page 1 of 13
ATTACHMENT 3

Contract No. 2026-017-COS
G. 
The Stipulations require Licensee, among other things, to construct a multi-use 
pathway connection across the wash, and to improve the entire width of the Indian Bend Wash 
adjacent to the Project, inclusive of the City Parcels, with turf and irrigation infrastructure, subject 
to various conditions outlined therein (collectively, “Licensee Improvements”). The Stipulations 
further require Licensee to enter into a license agreement with the City to address maintenance 
responsibilities for the Licensee Improvements, subject to various conditions outlined therein.
H. 
The Parties intend that this Agreement will satisfy the above-referenced 
requirement in the Stipulations to enter into an agreement to address the maintenance 
responsibilities for the Licensee Improvements.
I. The Parties intend this Agreement be binding upon the Parties and their 
successors and assigns.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated 
herein by reference, the following mutual covenants and conditions, and other good and valuable 
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby 
agree as follows:
TERMS AND CONDITIONS
1. 
License. City grants Licensee and its employees, agents, and contractors a license for 
the Term (defined below) of this Agreement to enter onto the portions of the City Parcels described 
and depicted on Exhibit B attached hereto (“License Area”), to install, maintain, repair, and replace 
the Licensee Improvements as provided in this Agreement and in accordance with the 
Stipulations.
1.1. 
Commencement of Licensee’s Obligations. Licensee’s obligations under this 
Agreement with respect to the License Area shall begin (the "Commencement") on Licensee’s 
seeking and receiving a permit for landscaping for the first building of the Project (the “Effective 
Date”). Licensee thereafter must complete the Improvements as required under the Stipulations. 
City or Licensee may confirm the Commencement by separate notice to the other Party, but the 
absence of such notice shall not affect the date of Commencement if the City issues a permit for 
landscaping as set forth above.
1.2. 
No Real Property Interest. Despite any provision in this Agreement to the 
contrary, and despite any negotiation, correspondence, course of performance or dealing, or other 
statements or acts by or between the Parties, Licensee’s rights are limited to the License Area, 
and Licensee’s rights in the License Area are limited to the specific limited license rights created 
by this Agreement, which creates only a revocable license in the License Area. The City and 
Licensee do not by this instrument intend to create a lease, easement, or other real property 
interest. Licensee will have no real property interest in the License Area.
2. 
Term. This Agreement shall be effective as of the Agreement Date and shall continue in 
perpetuity, running with the land, unless terminated as provided herein (the “Term”). The City 
reserves the right immediately to terminate this Agreement in its sole and absolute discretion if 
such termination is necessary to preserve and protect the health and safety of the public or to 
comply with any laws or regulations pertaining to the Indian Bend Wash.
Page 2 of 13

Contract No. 2026-017-COS
3.
Approvals. Standards, and Subordination.
3.1. 
Approvals Required. Before proceeding with any construction or installation on 
the City Parcels, the Licensee shall directly obtain any and all necessary permits and approvals 
from any and all governmental or other entities having standing or jurisdiction over the area 
involved in installing the turf, irrigation, and other authorized improvements, including without 
limitation, the City, USACE, MCFCD, and the local Blue Stake program.
3.2. 
Safety Standards. Licensee shall ensure that its activities and those of its 
employees, agents, contractors, and subcontractors, as applicable, in respect to this Agreement, are 
conducted in a manner that fully complies with City Code and safety standards in respect to work 
done in, on, or about the Indian Bend Wash and a multi-use path, whether such standards are 
officially adopted by the City or are operationally preferred. Licensee shall perform all maintenance 
of the City Parcels required pursuant to this Agreement and any additional maintenance of the City 
Parcels Licensee deems appropriate and prudent as permitted by this Agreement and do so at such 
times and in such a manner as to minimize any inconvenience to the public, consistent with required 
safety standards.
3.3. 
Subordination. This Agreement, as may be amended from time to time, shall be 
subject to and subordinate to the terms and conditions of the MCFCD IGA, including any renewal, 
amendment, or extension thereof. Further, if any provision of this Agreement conflicts with any 
provision of the MCFCD IGA or any regulations or requirements imposed by MCFCD, USACE, or 
the Secretary of the Army regarding the Indian Bend Wash, then the conflicting provision of this 
Agreement shall be deemed null and void and the Parties agree to meet and confer in good faith 
to amend this Agreement as necessary to eliminate any such conflict.
4.
Irrigation Improvements Installation and Maintenance: Water Service.
4.1. 
Installation of Irrigation Improvements. Licensee shall install the Licensee 
Improvements: at its own cost; as provided in this Agreement; in accordance with the Stipulations; 
and subject to approval by the City’s Parks and Recreation Department and the City’s Planning 
and Development Services Department. The Licensee Improvements shall include, without 
limitation, an irrigation controller approved by the City that has the capability to monitor flow and 
operate a master valve and shall have the water metered separately from the rest of its property, 
so that a separate meter serves the City Parcels. Further, the Licensee shall ensure that the 
irrigation system is connected to water supply points of connection with an approved reduced 
pressure principal backflow prevention assembly installed per the 2020 City of Scottsdale 
Supplement to MAG Uniform Standard Details for Public Works Construction, effective December 
10, 2020, as amended (“COS Standard Details”), COS Standard Details No. 2353 and No. 2354 
inside a lockable steel enclosure. The irrigation backflow device must be a separate system 
dedicated to irrigation only and Licensee shall ensure that the City has access to the backflow 
device. The irrigation system must be installed according to City standards in the Indian Bend 
Wash, including the COS Standard Details No. 2626 through No. 2649 and the 2020 City of 
Scottsdale Supplement to MAG Uniform Standard Specifications and Details for Public Works 
Construction, effective December 10, 2020, as amended. Section 440, Sprinkler Irrigation System 
Installation. City Contract Administrator shall have the right, but not obligation to, inspect the turf 
and irrigation system after installation and prior to Final Acceptance (defined in Section 5).
4.2. 
Maintenance of Irrigation Improvements. Licensee shall be responsible for all 
ongoing, regular maintenance and repair of the Licensee Improvements, in accordance with the 
maintenance standards set forth in Exhibit C attached hereto, except as otherwise provided in
Page 3 of 13

Contract No. 2026-017-COS
this Agreement (the “Maintenance Obligations”). If not specifically outlined in Exhibit C, then such 
maintenance shall be on a schedule and frequency reasonably approved by the City Contract 
Administrator or designee, from time to time. Such maintenance shall be at no cost to the City, 
except for the City’s \A/ater payment obligation set forth in Section 4.3 below. Notwithstanding the 
foregoing, the City will maintain, repair, and replace the irrigation water meter and backflow 
device, including testing of the backflow device. Licensee shall notify Scottsdale Water (480-312- 
5650) or the City Contract Administrator of any issues with the water meter requiring maintenance, 
and Licensee shall notify the City Irrigation Department (480-312-2189) or the City Contract 
Administrator of any issues with the irrigation backflow device requiring maintenance. Licensee 
shall be responsible for all ongoing, regular maintenance and repair of the irrigation system 
downstream of the backflow device, including, without limitation, any master valve, mainlines, 
valves, laterals, drips, sprinklers, and sprinkler heads. Additionally, Licensee shall maintain and 
schedule the irrigation clock.
4.3. Water Conservation: Water Service and Responsibility for Payment. 
Licensee acknowledges that the conservation of water is an important policy of the City and State 
of Arizona and, therefore, the Licensee shall adhere to the Arizona Department of Water 
Resources (“ADWR”) watering guidelines for cool and warm season turf as set forth in the current 
version of the Management Plan for the Phoenix Active Management Area or any more stringent 
limitations that may be adopted by the City or any other regulatory authority from time to time. 
Upon installation. City shall supply, or cause to be supplied, and pay for the water used on the 
City Parcels up to the ADWR/Management Plan allotment, which is currently 4.75-acre feet of 
water per acre of turf per year. Although Licensee shall not be required to apply any additional 
water to the City Parcels, if Licensee does so. Licensee will be responsible for any payments 
exceeding the ADWR/Management Plan allotment and shall pay City within 30 days of invoice for 
any such overages. Additionally, the City Contract Administrator has the sole right to determine 
whether Licensee may, or shall be required to, overseed the City Parcels. As of the date of this 
Agreement, Licensee shall not overseed the City Parcels.
5. 
Ownership of Installed Improvements. City and Licensee agree that all Licensee 
Improvements shall, upon final acceptance of said Licensee Improvements (“Final Acceptance”), 
be deemed real property and a part of the License Area. Final Acceptance shall occur no earlier 
than ten (10) days after Licensee submits evidence of completion of Licensee’s Improvements to 
the City, in accordance with the City’s ordinances, rules, and procedures, and Licensee completes 
any repair work required by the City so that Licensee receives the auto-generated “Acceptance 
of Public Improvements" letter sent by the City. Licensee acknowledges that this auto-generated 
letter is sent by the City’s permitting system program to close out the permit and any “accepted 
into the City maintenance system” verbiage is null and void, and that the terms and conditions of 
this Agreement, as amended from time to time, supersede the “accepted into the City 
maintenance system” verbiage in said letter. City shall have no obligation to reimburse Licensee 
for all or any portion of the cost or value of any Licensee Improvements, and the City’s acceptance 
of ownership of the Licensee Improvements shall not negate any maintenance responsibilities of 
Licensee as described in this Agreement.
6. 
Future Capital Improvements. Licensee is only obligated to install and reasonably 
maintain the Licensee Improvements as provided in this Agreement. After initial installation, any 
future capital improvements concerning the Licensee Improvements will be the City’s 
responsibility.
Page 4 of 13

Contract No. 2026-017-COS
7. 
Event of Default. If either Party breaches or fails to perform its obligations under this 
Agreement, and such breach or non-performance is not cured within five (5) days after written 
notice to the other Party with respect to any breach or non-performance, or within 24 hours after 
written notice to the other Party with respect to a breach or non-performance that is deemed a 
health or safety issue (e.g., a hazard on the multi-use path), it shall be an “Event of Default”; 
provided that in the case of a breach or non-performance that is not a health or safety issue and 
that cannot reasonably be cured within the five-day period, it shall not be an “Event of Default" as 
long as the breaching Party commences cure of such breach or non-performance within said five- 
day period and thereafter diligently prosecutes such cure to completion.
8. 
Remedies. Following an Event of Default, the non-defaulting Party shall be entitled to 
exercise any and all remedies available at law or equity, including without limitation the remedy 
of specific performance.
9. 
Communication. The Contract Administrators (as defined in Section 14.1 below) shall 
meet or communicate as needed throughout the term of this Agreement to discuss matters of 
mutual concern and interest related to the maintenance of the City Parcels. By December 31 of 
each year or more frequently if there are changes. Licensee shall furnish to the City the contact 
information, including phone number, email address, and emergency contact information, for the 
Licensee Contract Administrator.
10. 
Non-waiver. No failure by either Party to demand any performance required under this 
Agreement, and no acceptance by either Party of any imperfect or partial performance under this 
Agreement, shall impair in any way such Party’s ability to insist, prospectively, upon full compliance 
with this Agreement. No acceptance by either Party of any performance hereunder shall be deemed 
a compromise or settlement of any right such Party may have for additional or further payments or 
performances. Any waiver shall not be deemed or considered as a continuing waiver and shall not 
operate to bar or otherwise prevent either Party from giving notice of default or declaring any Event 
of Default for any succeeding or continuing breach.
11. 
Indemnification. To the fullest extent permitted by law. Licensee, its successors, assigns, 
and guarantors, shall defend, indemnify, and hold harmless the City, its agents, representatives, 
officers, directors, officials, and employees from and against all allegations, demands, 
proceedings, suits, actions, claims, damages, losses, expenses, including but not limited to, 
attorney fees, court costs, and the cost of appellate proceedings, related to, arising from or out 
of, or resulting from any acts, errors, mistakes, or omissions or negligent, reckless, or intentional 
actions caused in whole or part by Licensee relating to work or services in the performance of the 
Maintenance Obligations under this Agreement, including but not limited to, any contractor, 
subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts 
any of them may be liable and any injury or damages claimed by any of Licensee’s, contractors’, 
and subcontractors’ agents or employees.
12. 
Licensee’s Insurance. Licensee shall provide insurance to City as set out in Exhibit D 
attached hereto. The insurance provisions set forth in Exhibit D are separate and independent 
from the indemnity provision of Section 11 above and shall not be construed in any way to limit 
the scope and magnitude of the indemnity provisions. The indemnity provisions of this Agreement 
shall not be construed in any way to limit the scope and magnitude and applicability of the 
insurance provisions.
Page 5 of 13

Contract No. 2026-017-COS
13. Assignability. This Agreement is not assignable by Licensee, and any attempted 
assignment shall be void and vest no rights in the purported assignee, unless the assignment is 
made in strict compliance with this Section 13.
13.1. Assignments Affected. Every assignment of Licensee’s interest in the License 
Area or this Agreement or any of Licensee’s rights or interests hereunder is prohibited unless 
Licensee first receives the City’s written consent to the assignment. All references in this Agreement 
to assignments by Licensee, or to assignees, shall be deemed also to apply to all of the following 
transactions, circumstances, and conditions and to all persons claiming any rights or obligations 
pursuant to such transactions, circumstances, and conditions:
13.1.1. Any voluntary or involuntary assignment, conveyance, or transfer of the 
License Area or any interest therein or any rights under this Agreement, in whole or in part.
13.1.2. Any voluntary or involuntary pledge, lien, mortgage, security interest, 
judgment, deed of trust, claim, or demand, whether arising from any contract, any agreement, any 
work of construction, repair, restoration, maintenance, or removal, or otherwise affecting the License 
Area (collectively “Liens”).
13.1.3. The use, occupation, management, control, or operation of the License Area 
or any part thereof by others.
13.1.4. Any transfer of membership interests, corporate stock, or any other direct or 
indirect transfer of the ownership, management, or control of Licensee. The preceding sentence 
excludes the transfer of stock, regardless of quantity, if Licensee is a corporation whose stock is 
regularly traded on a national stock exchange or is regularly traded in the over-the-counter market 
and quoted on NASDAQ.
involuntary.
13.1.5. Any assignment by Licensee for the benefit of creditors, voluntary or
13.1.6. A Licensee insolvency.
13.1.7. The occurrence of any of the foregoing by operation of law or otherwise.
13.1.8. The occurrence of any of the foregoing with respect to any assignee or other 
successor to Licensee.
13.2. 
Assignment Remedies. Any attempted assignment without the City’s consent shall 
be void and shall not result in the assignee obtaining any rights or interests in, under, or related to 
this Agreement. The City may, in its sole discretion and in addition to all other remedies available to 
the City under this Agreement or otherwise, and in any combination thereof, terminate this 
Agreement or declare the attempted assignment to be void, all without prejudicing any other right or 
remedy of the City under this Agreement. No cure or grace periods shall apply to assignments 
prohibited by this Agreement or to enforcement of any provision of this Agreement against an 
assignee who did not receive the City’s consent.
13.3. 
Effect of Assignment. Prior to any assignment, each assignee must execute an 
assumption of this Agreement in a form acceptable to the City. No action or inaction by the City shall 
be deemed a waiver of the prohibition on assignments or any other provision of this Agreement, or 
the acceptance of the assignee, sublicensee, or occupant as Licensee, ora release of Licensee from
Page 6 of 13

Contract No. 2026-017-COS
the further performance by Licensee of the provisions of this Agreement. Consent by the City to an 
assignment shall not relieve the successor Licensee from obtaining the City’s consent to any further 
assignment.
14. Miscellaneous.
14.1. 
Contract Administrators. The contract administrator for the City (“City Contract 
Administrator"’) is the Deputy Parks and Recreation Director (currently, Chris Walsh) or designee, 
\Nho can be contacted at 480-312-7275. The City Contract Administrator shall oversee the execution 
and administration of this Agreement. Licensee’s contract administrator is Mat Moiseve or other 
designee at Licensee’s discretion, who can be contacted at 858-255-9006 and who will serve as a 
point of contact for the City Contract Administrator in matters relating to this Agreement. The Parties 
shall notify each other if they change their contract administrator or if contact information changes..
14.2. 
Notice. Any notice required or permitted to be given pursuant to this Agreement, 
unless otherwise expressly provided herein, shall be given in writing, either personally to the 
authorized representative of the other Party, or by United States Postal Service certified mail, 
return receipt requested, as shown below or to such other street address(es) as may be 
designated by the respective Parties in writing from time to time. The notice shall be deemed 
complete when received by the person receiving it or, when certified mail is used, five calendar 
days from the date of mailing, whichever occurs first. If a copy of the notice is also given to a 
Party’s counsel or other recipient, 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.
City
City of Scottsdale Parks,
Recreation & Preserves 
7447 East Indian School Road 
Suite 300
Scottsdale, AZ 85251
ATTN: Deputy Parks & Recreation Director
Copy to:
Real Estate Department 
City of Scottsdale
7447 E. Indian School Rd., Suite 205
Scottsdale, AZ 85251
ATTN: Real Estate Asset Manager
City Attorney
City of Scottsdale
3939 North Drinkwater Boulevard
Scottsdale, AZ 85251
Licensee
CH Visconti at Camelback 
Communities, LLC 
C/O ColRich
444 West Beeh Street, Suite 300 
San, Diego, CA 92101 
ATTN: Mat Moiseve, Director 
Forward Planning
ColRich
444 West Beech Street, Suite 300 
San Diego, CA 92101 
ATTN: Cristal Gerrick, Director 
Litigation & Risk Management
14.3. Change in Ownership. If there is a change in the ownership of the Licensee’s 
Parcels, Licensee or its successor shall notify the City in Writing of such change within 15 days of its 
occurrence. Such notification shall include a contact person for the new entity, and contact 
information including email address, street address, and telephone number. The City shall notify 
Licensee of any change in ownership of the City Parcels within 30 days of its occurrence.
Page 7 of 13

Contract No. 2026-017-COS
14.4. 
Exhibits. All Exhibits specifically stated to be attached hereto are incorporated into 
this Agreement by this reference.
14.5. 
Entire Agreement. This Agreement constitutes the entire agreement between the 
Parties with respect to the subject matter hereof and supersedes any prior agreement, 
understanding, negotiation, draft agreements, discussion outlines, correspondence, and 
memoranda or representation.
14.6. 
Severability. If any provision of this Agreement is adjudged invalid or 
unenforceable by a court of competent jurisdiction, that provision shall be adjusted rather than 
voided, if possible, to achieve the intent of the Parties to the greatest extent possible. In any 
event, the remaining provisions of this Agreement shall not be affected and shall be valid and 
enforceable to the fullest extent permitted by law. In accordance with the provisions of A.R.S. § 
41-194.01, if the Attorney General gives notice to the City that any provision of this Agreement 
violates state law or the Arizona Constitution, or that it may violate a state statute or the Arizona 
Constitution, and the Attorney General submits the offending provision to the Arizona Supreme 
Court, the offending provision(s) shall be immediately severed and struck from the Agreement, 
and the City and Licensee shall, within 10 calendar days after such notice, negotiate in good faith 
to resolve any issues related to the severed provision(s). If the Parties are unable to negotiate a 
resolution to any issues related to the severed provision(s), the City may terminate this Agreement 
immediately.
14.7. 
Governing Law; Venue. This Agreement shall be governed by and construed in 
accordance with the laws of the State of Arizona, without regard to its choice of law principles; 
provided, however, to the extent that Federal laws of the United States control interpretation or 
enforcement of this Agreement, such Federal law shall control. Suit pertaining to this Agreement 
may be brought only in courts in Maricopa County, Arizona
14.8. 
No Partnership. This Agreement and the transactions and performances 
contemplated hereby shall not create any sort of partnership, joint venture, or similar relationship 
between the Parties.
14.9. 
Nature of Agreement. The provisions of this Agreement are unconditional, 
irrevocable, and legally binding and enforceable agreements, conditions, and restrictions running 
with the land against the Parties and all successors and assigns of the Parties.
14.10. Headings. The headings of the sections of this Agreement are for reference and 
convenience only and shall not be considered in interpreting this Agreement.
14.11. Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511 and subject 
to the limitations set forth therein, the City may cancel this Agreement, without penalty or further 
obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or 
creating this Agreement on behalf of either Party is, at any time while this Agreement is in effect, 
an employee of the other Party in any capacity, or a consultant to the other Party with respect to 
the subject matter of this Agreement. The cancellation shall be effective when written notice is 
received by Licensee unless the notice specifies a later time. If this Agreement is terminated 
pursuant to such statute, all rights, obligations, and remedies available to either Party as of the 
original execution date of this Agreement shall once again be available, with all relevant statutes 
of limitation or deadlines being tolled from the execution date through the date of termination.
Page 8 of 13

Contract No. 2026-017-COS
14.12. Attorneys' Fees, Costs, and Expenses. If any action, suit, or proceeding is 
brought in a court of law or forum of arbitration by either Party to enforce compliance with this 
Agreement, to exercise any rights or remedies under this Agreement, or to declare the rights of 
the Parties to this Agreement, the Party that does not prevail shall pay to the prevailing Party all 
costs and expenses of such action, arbitration, suit, or proceeding, together with such sum as the 
court or arbitrator (and not the jury), as applicable, may adjudge reasonable as attorneys’ and/or 
arbitrators' fees to be allowed in said suit, action, or proceeding, in addition to any other relief to 
which said Party may be entitled.
14.13. No Third-Party Beneficiaries. Unless otherwise expressly provided in this 
Agreement, no person or entity shall be a third-party beneficiary to this Agreement.
14.14. Non-appropriation of Funds. This section will control despite any provision of 
this Agreement or any exhibit or other agreement or document related to this Agreement. Each 
year, the City Parks and Recreation Department shall make a timely request to the Scottsdale City 
Council for the funds necessary to meet the City’s obligations under this Agreement. If funds 
necessary to fulfill the City’s obligations under this Agreement are not appropriated by the 
Scottsdale City Council, the City may terminate this Agreement by giving notice to Licensee. The 
City agrees to use its best efforts to give notice of such termination to Licensee at least 30 days 
prior to the end of the City’s then-current fiscal period. Termination in accordance with this 
provision will not constitute a breach of this Agreement by the City. No person will be entitled to 
any compensation, damages, or other remedy from the City if this Agreement is terminated 
pursuant to the terms of this section; although if this Agreement is terminated by City pursuant to 
this paragraph. Licensee shall be relieved of all further obligations under this Agreement and shall 
be deemed to have fulfilled its obligations under this Agreement and the related provisions of the 
Stipulations.
14.15. Boycott of Israel. To the extent applicable, by executing this Agreement, 
Licensee certifies that it is not currently engaged in, and for the duration of this Agreement agrees 
not to engage in, boycott activities proscribed by A.R.S. §§ 35-393 et seq.
14.16. Arizona Legal Workers Act. Under the provisions of A.R.S. § 41-4401, Licensee 
warrants to the City that Licensee and all its subcontractors will comply with all Federal 
Immigration laws and regulations that relate to their employees and that Licensee, and all its 
subcontractors now comply with the E-Verify Program under A.R.S. § 23-214(A).
A breach of this warranty by Licensee or any of its subcontractors will be considered a 
material breach of this Agreement and may subject Licensee or subcontractor to penalties up to 
and including termination of this Agreement or any subcontract. Licensee will take appropriate 
steps to assure that all subcontractors comply with the requirements of the E-Verify 
Program. Licensee’s failure to assure compliance by all its subcontractors with the E-Verify 
Program may be considered by the City as a material breach of this Agreement.
The City retains the legal right to inspect the papers of any employee of Licensee or any 
subcontractor who works on this Agreement to ensure that Licensee or any subcontractor is 
complying with the warranty given above.
The City may conduct random verification of the employment records of Licensee and any 
of its subcontractors to ensure compliance with this warranty. Licensee agrees to indemnify, 
defend, and hold the City harmless for, from, and against all losses and liabilities arising from any 
and all violations of these statutes.
Page 9 of 13

Contract No. 2026-017-COS
14.17. Amendments. All amendments, modifications, revisioris, or additions to this 
Agreement must be in writing and signed by the persons duly authorized to enter into contracts 
on behalf of the City and Licensee.
14.18. Authority. The Parties represent and warrant to one another that the undersigned 
have full power and authority to enter into this Agreement on behalf of the entity for which each 
has signed and that all necessary actions have been taken to give full force and effect to this 
Agreernent.
14.19. Counterparts. This Agreement rtiay be executed in any number of counterparts, 
all such counterparts shall be deemed to constitute one and the same instrument and each of 
said counterparts shall be deemed original hereof.
14.20. Electronic Signatures. The Parties agree that the electronic signature of a Party 
to this Agreement shall be valid as an original signature of such Party and shall be effective to 
bind such Party to this Agreement. For purposes hereof; (a) "electronic signature” means a 
manually signed original signature that is then transmitted by electronic means; and (b) 
“transmitted by electronic rrieans" means sent in the form of a facsimile or sent via the internet as 
a portable document format (PDF) or other replicating image attached to an electronic mail of 
internet message.
[SIGNATURES ON FOLLOWING PAGES]
Page 10 of 13

Contract No. 2026-017-COS
IN WITNESS WHEREOF, the Parties have executed this Agreement by signing their signatures* 
as of the day and date first written above.
CH VISCONTI AT CAMELBACK COMMUNITIES, LLC
an Arizona limited liability company
By: CH ARIZONA HOLDINGS, LLC
a Delaware limited liability company 
Its Sole Member
Its:
STATE OF. 
County of _
)
) ss. 
)
This instrument was acknowledged before rne this___ day of January, 2026, by.
of CH ARIZONA HOLDINGS, LLC, a Delaware 
limited liability company. Sole Member of CH Visconti at Camelback Communities, LLC, a Delaware 
limited liability company.
My Commission Expires:
Notary Public
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
Page 11 of13

ACKNOWLEDGMENT
A notary public or other officer completing this 
certificate verifies only the identity of the individual 
who signed the document to which this certificate is 
attached, and not the truthfulness, accuracy, or 
validity of that document.
State of California 
County of______ San Diego
J
Qp January 6, 2026
before me Kathryn Elizabeth Andrews, Notary Public
(insert name and title of the officer)
Dan Gabriel
personally appeared ^ 
______________
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(§2!0re 
subscribed to the within instrument and acknowle^d to me that<fiS^he/they executed the same in 
^fi^er/their authorized capacity(ies), and that bycfi^er/their signature(s) on the instrument the 
p^on(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PER JURY under the laws of the State of California that the foregoing 
paragraph is true and correct.
WITNESS my hand and official seal.
/{m
KATHRYN ELIZABETH ANDREWS 
Noury Public • California 
*
San Oieso County 
5
\
2.
Signature
(Seal)
Commission 4 2492251 
[
JY^^^^TMyCoft|m^xpire^u'^3^0M^
Page 12 of 13

ATTEST:
Ben Lane, City Clerk
APPROVED AS TO FORM:
Lmi E. Sant^lfa, Interirh City Attorney 
By: Joe Padilla, Deputy City Attorney
STATE OF ARIZONA
County of Maricopa
jss.
Contract No. 2026-017-COS
CITY OF SCOTTSDALE, an Arizona 
municipal corporation
Lisa Borowsky, Mayor
This instrument was acknowledged before me this__ day of
2026, by Lisa Borowsky, Mayor of the City of Scottsdale, an Arizona municipal 
corporation.
My Commission Expires: 
________________________
Notary Public
Page 13 of 13

Contract No. 2026-017-COS
ExhibitA
Description and Depiction of City Parcels
Legal Description 
APN: 173-53-003D
Parcel 3 and Parcel 4 as described in Docket 8963, Page 284, Maricopa County Records, lying 
within the south half of the northeast quarter of, the southeast quarter of Section 23,
Township 2 North, Range 4 East, ofthe Gila and Salt River Base and Meridian, Maricopa County, 
Arizona, more particularly described as follows:
Commencing at the east quarter comer of said Section, from which the center of said 
Section 23, a brass cap in handhole, bears North 89'’31'36" West, a distance of 2626.02 feet;
Thence along the east line of the southeast quarter of said Section 23, South 00°00'09'' West, 
a distance of 661.28 feet, to the south line ofthe north half of the south half of the northeast 
quarter of the southeast quarter of said Section 23.
Thence leaving said east line, along said south line. North 89°33'12" West, a distance of 
168.82 feet, to the beginning of a non-tahgent curve, concave southeasterly, having a radius of 
1676.26 feet, whose radius bears South 63°52'47" East and the Point of Beginning;
Thence southwesterly along said Parcel 3 and 4 and said curve, an arc length of 520.45 feel, 
through a central angle of 17“47'21", to the south line of the south half of the northeast quarter 
of the southeast quarter of said Section 23;
Thence along said south line. North 89°33'44" West, a distance of 141.23 feet, to a point on 
a non-tangent curve, concave southeasterly, having a radius of 1816.26 feet, whose radius bears 
South 82°16'51" East and to the westerly line of said Parcel 4;
Thence northeasterly along the westerly line of said Parcel 3 and 4 and said curve, an arc length 
of 516.59 feet, through a central angle of 16M7'47", to the south line of the north half of the south 
half of the northeast quarter of the southeast quarter of said Section 23;
Thence along said south line, South 89'’33'12’' East, a distance of 153.98 feet, to the 
Point of Beginning.
Containing 72,580 Square Feet or 1.67 Acres more or less.
h]
0 t
AW 
LAND 
, j SURVEYING,,,
P.O. Box 2170. Chandler, AZ 85244 
Daniel D. Armijo, RLS (480) 244-7630 
David Hargrove, CSTIII; (480) 298-4900
! 
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Sheet 1 of 2
Exhibit A 
Page 1 of 6

Contract No. 2026-017-COS
CENTER OF 
SECTION 23 
T2N, R4E 
BCHH
I
N
A
E GAMELBACK ROAD 
_ 
N 89-3 V’30" W
2626.02'
POINT OF COMMENCEMENT 
Erl/4 CORNER 
SECTION 23 
T2N,R4E
J
I
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— 30'RAW
APN:173-53-0Q6A
SOU I H LINE OF 
N 1/2; S 1«: NE 1/4; SE 1/4
SOUTH LINE OF 
S 1/2; NE 1/4; SE 1/4
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RADIUS
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1676.26’
1816.26’
ARC,
LENGTH
WE TABLE
520.45’
516.59’
DELTA
ANGLE
17‘47’21'
16‘17'47‘
CHORD
BEARING
S 17'13^ W
S 15'52 02" W
CHORD
LENGTH
518.36’
514.85
89'33'44" W 
141.23’
'!l
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.LAND
^ J SURVEYING
PO BOX 2170, CHANDLER, AZ 85244 
PH: (480) 244-7630 
darmiio@awlandsurvey.com_______
lASD
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^
APN: 173-53-003D
SE 1/4 OF SECTION 23 
T2N, R4E
JOB NO. 20-005
DATE: 07-25-2025 I SHEET 2 OF 2
Exhibit A 
Page 2 of 6

Contract No. 2026-017-COS
APN 173-53-003D
ClOSUiC Report
Fri; Jul 2S 2025'e:01;<H AM
Norrtiing easting Bearing Distance
<Jt)9S67,10 
702200.62
Radius; 1676.26 Chond; 518.36 Degree; 3»25'0S'' Dir Left 
Length: 520.45 Delta; I7“47'2l' Tangent: .262.33 
Chord'BRGi .S 17“13’32’ W Rad-In: S 63‘>52'47'E Rad-Out: S Sl^AO-OB’ D 
Riadius Point: 908829,12,703714.60 
909071.99 
702656.12
Ne9"33:44"W 141.23 
909073.07 
701914.69
Radius: 1816.26 Chord: 514.8S Degree: 
Dir; Right
Length: 516:59 Delta: 16“17'47’ Tangent; 260.05 
Chord BRG; N 15“52'02" E Rad-ln.-S 82<>16'51" E Rad-Out: S 65°S9'a4" E 
Radius Paint; 908829.12,703714.69 
909568.30 
702055:65
S ag^SS n-E 153.98 
909507.10 
702209.02
Closure Error Distances O.OOOI Error eearing> 5 89^33'12'’ E 
Closure Precision> I In I63720S4.6 Tot-al Olstanco 1332.25 
Area: 72580.26 sq ft, 1.67 acres
I ! i-'AiJifi c. I 
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A y
Exhibit A 
Page 3 of 6

Contract No. 2026-017-COS
Legal Description 
APN: 173-53-006B
A portion of that certain parcel of land described in Document No. 1983^021673, Maricopa 
County Records, lying withiri the south half of the northeast quarter of the southeast quarter of 
Section 23, Township 2 North, Range 4 East, of the Gila and Salt River Base and Meridian, 
Maricopa County. Arizona, more particularly described as follows:
Commencing at the east quarter corner of said Section, from whjch the center of said 
Section ;23, a brass cap in handhole, bears North 
West, a distance of 2626.02 feet;
Thence along the east line of the southeast quarter of said Section 23, South 00'’00'09'' West, 
a distance of 40.00 feet, to the Point of Beginning;
Thence continuing. South 00°00'09" West, a distance of 621.28 feet, to the south line of the 
north half of the south half of the northeast quarter of the southeast quarter of said Section 23;
Thence along said south line. North 89'‘33’12" West, a distance of 322.79 feet, to the westerly line 
of said parcel;
Thence along said westerly line. North 13°0T58" East, a distance of 636.65 feet, to the southerly 
right-of-way line of Camelback Road;
Thence along said southerly right-of-way line. South 89°31’30” East, a distance of 179.24 feet, 
to the Point of Beginning.
Containing 155,962 Square Feet or 3.58 Acres more or less.
r
0
AW 
LAND 
, iSURVEYING,
P.O. Box 2170. Chandler, AZ 85244 
Daniel D. Armijo, RLS (480) 244-7630 
David Hargrove, CSTIII, (480) 298-4900
U OAWILi. 0 C
vt5/
Sheet 1 of 2
ExhibitA 
Page 4 of 6

Contract No. 2026-017-COS
CENTER OF 
SECTION 23 
T2N, R4E 
BCHH
E CAMELBACK ROAD 
_NW
POINT OF COMMENCEMENT-t, 
El/4 CORNER \ 
SECTION 23 \ 
T2N, R4E \
2626.02’
LI —
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APN: 173-53-006A
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SOUTH LINE OF 
N 1/2; S 1/2; NE 1/4; SE 1/4
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SOUTH LINE OF-\ 
S1/2; NE 1/4; SE 1/4 \
LINE
LI
L2
LINE TABLE
BEARING
S QO‘00 09” W
S 89-31’30” E
DISTANCE
40.00'
179.24’
m
.LAND
^ JSURVEYINGuc
PG BOX 2170, CHANDLER. AZ 85244 
PH; (480) 244-7630 
darttiijoigawlandsurvey.com:
LAW
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ARWO ji
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APN: 173-53-006B
SE 1/4 OF SECTION 23 
T2N, R4E
JOBNO.2CK)05
DATE: 07-25-2025 SHEET 2 OF 2
Exhibit A 
Page 5 of 6

Contract No. 2026-017-COS
APN J73-53-006B
Closure Report
Fri; Jul25 2025 8;‘;8;58 AM
Northing Easting Bearing Distance
910187.07 
702378.46
S 00®00 09' W 621.28 
96956179 
702378:43
N e9“33'l2" W 322.79 
909568.30 
702055.65
N IB’OrSS" E 636.65 
910188.55 
702m;22
S 89®31’30’ E 179:24 
910187.07 
702378.46
Closure Error Distances 0.0001 Error Bearings S 89®3i'36' E 
Closure Precisions 1 in 30946CH>a.3 Total Distances 1759.97 
Area: 155961.98 sq ft, 3.58 a«e3
\
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Exhibit A 
Page 6 of 6

EXHIBIT B 
License Area
Legal Description 
A portion of 
APN: 173-53-003D
Contract No. 2026-017-COS
A portion of Parcel 3 and Parcel 4 as described in Docket 8963, Page 284, Maricopa County 
Records, lying within the south half of the northeast quarter of the southeast quarter of Section 23, 
Township 2.North, Range 4 East, of the Gila and Salt River Base and Meridian, Maricopa County, 
Arizona, more particularly described as follows:
Commencing at the east quarter comer of said Section, from which the center of said 
Section 23. a brass cap in handhole, bears North 89°31'30" West, a distance of 2626.02 feet;
Thence along the east line of the southeast quarter of said Section 23, South 00°00'09" West, 
a distance of 661.28 feet, to the south line of the north half of the south half of the northeast 
quarter of the southeast quarter of Said Section 23:
Thence leaving said east line, along said south line, North,89°33'12" West, a distance of 
188.37 feet, to the Point of Beginning;
Thence South 15°17'12" West, a distance of 58.90 feet, to the beginning of a curve, concave 
northwesterly, having a radius of 995.00 feet;
Thence southwesterly along said curve, an arc length of 104.73 feet, through a central angle 
of6'’or5r:
Thence South 21°19'03" West, a distance of 66.22 feet, to the beginning of a curve, concave 
southeasterly, having a radius of 1055.00 feet;
Thence southwesterly along said curve, an arc length of 125.77 feet, through a central angle 
of6‘'49'50":
Thence South 14°29'13" West, a distance of 162.79 feet, to the southerly line of said parcel 
Thence along said southerly line. North 89'33'44" West, a distance of 123.34 feet, to the 
westerly line of said parcel, a point on a non-tangent curve, concave southeasterly, 
having a radius of 1616.26 feet, whose radius bears South 82‘’16'51" East;
Thence along said westerly line, northeasterfy along said curve, an arc length of 516.59 feet, 
through a central angle of 16°17'47", to the northerly line of said parcel;
Thence along said northerly line. South 89°33'12'’ East, a distance of 134,42 feet, to the Point 
of Beginning.
Containing 68,741 Square Feet or 1,58 Acres more or less.
V 11
AW 
LAND
, j SURVEYING,
P.O. Box 2170, Chandler. AZ 85244 
Daniel D. Armijo. RLS (480) 244-7630 
David Hargrove. GSTIII. (480) 298-4900
Sheet 1 of 2
11 <
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I f 0. A
Exhibit B 
Page 1 of 6

Contract No. 2026-017-COS
^CENTER,OF 
/ SECTION 23 
/ T2N, R4E 
/ BCHH
N
A
E GAMELBACK ROAD 
N 89'31’30" W
POINT OF COMMENCEMENT-x 
E1M CORNER \ 
SECTION 23 \ 
T2N, R4E \
2626.02’ \
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-30’R/W
§
APN: 173’53-006A
SOUTH LINE OF 
N 1/2; 6 1/2; NE 1/4; SE 1/4
SOUTH LINE OF 
S 1/2; NE 1/4; SE 1/4
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CURVE TABLE
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ARC
LENGTH
DELTA
ANGLE
C2
C3
995.00’ 104.73’ 6’0r51" 3 1S'18'07 W 104.68'
CHORD
BEARING
CHORD
LENGTH
1055.00'
1816.26
125.77’
516.59’
6’49’50’'
16-17 47
N 17-54’08 E
S 15’52’02’^W
125.70’
514.85
LNE TABLE
LI
L NE BEARING
N 89’33’12'’ W 188!37'
DISTANCE
L2 S 15’17’12" W 58.90
L3 S 21’19’03’’ W 66.22'
L4 S 14‘29’13" W 162 79’
L5
L6
fii] m
PO BOX 2170. CHANDLER, AZ 85244 
PH; (480) 244-7630 
darmijo@awtandsurvey.com ____
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45377
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N 89-33’44 W
S 89-33 12 ' E
,123.34'
134.42’
PORTION OF 
APN: 173-53-003D
SE 1/4 OF SECTION 23 
T2N. R4E
JOB NO. 20-005
DATE: 09-26-2025 
| SHEET 2 OF 2
Exhibits 
Page 2 of 6

Contract No. 2026-017-COS
CIwurt! Rtipuil
Fri, Sep 26 202S 3:03:53 PM
. Northing Easting Bearing Distance
909567.25 
702190.07
S 15°17'12" W 50.90 
909510.44 
702174.54
Radius: 995.00 Chord: 104.68 Degree: 5'»45’30" Dir: Right 
Length: 104.73 Delta: 6<»01‘S1" Tangent: 52.4i
Chord BRG: S 18®18'07’’ W Rad-In: N 74°42'4S'’ W Rad-Out: N 68°40'57" W 
Radius Point: 909772.77,701214.74 
909411.05 
702141.66
S 21®19'03" W 66.22 
909349.36 
702117.59
Radius: 1055.00 Chord: 125.70 Degree: 5<’25'51'' Dir: Left 
Length: 125.77 Delta: 6®49‘50'' Tangent: 62.96
Chord BRG: S i7®54'08" W Rad-ln: S 68®40'57” E Rad-Out: S 75'’30'47" E 
Radius Point; 908965.83,703100.41 
909229.75 
702078:95
S 14®29’13" W 162.79 
909072.13 
702038.22
N 89“33‘44'' W 123.34 
909073.07 
701914.89
Radius: 1816.26 Chord: 514.85 Degree: 3*’09'17" Dir: Right 
Length; S16.S9 Delta; 16'»17'47" Tangent: 260.05
Chord BRG: N 15“52'02'' E Rad-ln; S 82'>16'51" E Rad-Out: S 65‘>59'04" E 
Radius Point: 908829.12,703714.69 
909568,30 
702055.65
S 89'’33‘12" E 134.42 
909567.25 
702190.07
Closure Error Dlstance> 0.0000 Error Bearing> S 89“33'14'' E 
Closure Precisions l in 100112192.0 Total DIstonco 1292.77 
Area: 68741.00 sq ft, 1.58 acres
lU 0 I '
7,
Exhibit B 
Page 3 of 6

Contraet No. 2026-017-COS
Legal Description 
A portion of 
APN: 173-53-006B
A portion of that certain parcel of land described in Document No. 1983-021673, Maricopa 
County Records, lying within the south half of the northeast quarter of the southeast quarter of 
Section 23, Township 2 North, Range 4 East, of the Gila and Salt River Base end Meridian, 
Maricopa County, Arizona, more particularly described as follows;
Commencing at the east quarter corner of said Section, from which the center of said 
Section 23, a brass cap in handhole, bears North 89''3T30’' West, a distance of 2626.02 feet;
Thence along the north line of the southeast quarter of said Section 23, North 
West,
a distance of 170.00 feet;
Thence leaving said north line, South lO^OI'Se" West, a distance of 40.98 feet, to the southerly 
fight-pf-way line of Cainelback Road;
Thence leaving said southerly right-of-way line, along the westerly line of said parcel of land 
described in Document No. 1983-021673, MCR, South 13°0T58'' West, a distance of 55.30 feet, 
to the Point of Beginnihg;
Thence leaving said westerly line. South 76°58’02" East, a distance of 42.32 feet; 
thence North 35°53‘39‘' East, a distance of 72.45 feet, to the beginning of a non-tangent curve, 
concave northeasterly, having a radius of 124.40 f^t, whose radius bears North 64”19'16'’ East; 
Thence southeasterly along said curve, an arc length of 75.90 feet, through a central angle 
of 34'‘57'26", to the beginning of a non-tangent curve, concave southwesterly, having a radius 
of 116.96 feet, whose radius bears South 7r41'51'' West;
Thence southeasterly along said curve, an arc length of 73.42 feet, through a central 
angieofSS'SS’OS"; '
Thence South 14“10’59'' West, a distance of 98.49 feet; 
thence South 15"17'03" West, a distance of 187.58 feet;
Thence South IS’17'12” West, a distance of 221.23.feet, to the southerly lino of said parcel; 
Thence along said southeHy line, North 89'’33'12" West, a distance of 134.42 feet, to the 
westerly line of said parcel;
Thence along said westerly line. North IS'OTSB" East, a distance of 581.35 feet, to the Point of 
Beginning.
Containing 83,738 Square Feet or 1.92 Acres more or less.
D
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LAND
, jSLIRVEYlNGn,
P.G, Box 2170, Chandler, AZ 85244 
Daniel D. Armijo, RLS (480)244-7630 
David Hargrove, CStlll, (480) 2984900
•I P. J
A'hM.'JO
Sheet 1 of 2
Exhibit B 
Page 4 of 6

Contract No. 2026-017-COS
CENTER OF 
SECTION 23 
T2N,R4E 
BCHH
E CAMELBACK ROAD 
N 89'31’30" W
2626.02’
POINT OF COMMENCEMENT 
E 1/4 CORNER 
SECTION 23 
T2N, R4E
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APN: 173-53-006A
SOUTH LINE OF 
N 1/2: SI/2; NE 1/4; SE 1/4A
LINE TABLE
LINE BEM10
LI N 89*3r30 W 170.00
DISTAN
12 S 13’01'58" W 40.98'
L3 S 13-01’58" W 55.30'
L4 S 76-58’02'’ E 42.32'
L5 N 35‘53’39" E 72^^
L6 S 14‘1Q59 W 98.49
L7 S 15‘17'03 W 18738^
L8 S 15-17'12’' W 221.23’
L9
L10
N 89‘33 12 W.
N 13-0158 E
134.42’
581.35"
SOUTH LINE OF 
3 1/2; NE 1/4; SE 1/4;
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CURVE
RAUIUS
CURVE table
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124.40
116.96’
ARC
LENGTH
delta
angle
75,90
73.42
34-57'26'’
35'5805
CHORD
BEARING
N 43-09 27 W
N 00-.19’06" W
CHORD
LENGTH
74.73
72.22’
'111.
.LAND
JSURVEYINGo.
PO BOX 2170. CHANDLER. AZ 85244 
PH: (480) 244-7630 
dafmljp@awlanc)suivey.com_______
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PORTION OF 
APN: 173-53-006B
SE 1/4 OF SECTION 23 
T2N. R4E
JOB NO. 20-005
DATE: 09-26-2025 SHEET 2 OF 2
Exhibit B 
Page 5 of 6

Contract No. 2026-017-GOS
Closure Report
Fri, Sep 26 2025 2:54:43 PM
Northing Easting Bearing Distance
910134.68 
702186.75
S 76»58’02'’ E 42.32 
910125.13 
702227.98
N 35“S3'39" E 72.45 
910183.82 
702270.45
Radius: 124.40 Chord: 74.73 Degree: 46‘’03'24’' Dir; Left 
Length; 75.90 Delta: 34<»57'26" Tangent: 39.17
Chord BRG: S 43“09'27" E Rad-In: N 64‘>19’16" E Rad-Out: N 29»21’50'’ E 
Radius Point: 910237.73,702382.57 
910129.31 
702321.57
Radius; 116:96 Chord; 72.22 Degree: 48'’59*i3" Dir: Right 
Length: 73.42 Delta: 35®58’05'’ Tangent: 37,97
Chord BRG; S 00®19'06" E Rad-In; S 71®41'5r W Rad-Out: N 72®20'04" W 
Radius Point: 910092.58,702210.52 
910057.09 
702321.97
S 14®1Q'59" Vi/ 98.49 
909961.60 
702297.84
S r5®17'03" W 187.58 
909780.66 
702248.39
S 15®17'12'' W 221.23 
909567.25 
702190:07
N 89®33'i2" W 134.42 
909568.30 
702055.65
N 13°01'58" E 581.35 
910134.68 
702186.75
rinsure Error Dlstance> 0.0000 Error Bearing> N 13®02'01" E 
Closure Preclsion> 1 In 253224649.6 Total Dlstance> 1487.16 
Area: 83737.73 sq ft, 1.92 acres
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Exhibit B 
Page 6 of 6

Contract No. 2026-017-COS
EXHIBIT C
MAINTENANCE STANDARDS
Licensee is responsible for ensuring the following obligations are completed:
I. 
GENERAL
a. The City Parcels shall be maintained in a healthy, neat, clean, and litter- and weed- 
free coridition. Litter includes, without limitation, fallen leaves, trimmings, wind-blown 
material, trash, cigarette butts, downed or broken tree limbs, or dead animals. The 
Licensee shall ensure that only a certified applicator applies fertilizer, herbicides, and 
pesticides.
b. Trash should be picked up from City Parcels daily. Trash cahs along the multi-use 
path should be emptied or checked weekly unless volume demands more frequent 
service (i.e. at any time the can reaches 3/4 full or 1 week whichever comes first).
c. Park amenities such as benches, trash cans, and mutt mitt dispensers (“Park 
Amenities”) should be located along the higher ground area on the sides of the wash 
and not in the middle of the wash where running flood waters could damage the 
amenities.
d. Park amenities shall be kept in good repair and condition and stocked, as applicable, 
and shall be replaced by Licensee as needed.
e. The multi-use path must be kept clean and safe for travel.
f. 
During flood events leaving standing water, barricades, which shall be visible during 
both the daytime and nighttime, must be set up preventing use of the multi-use path 
until path is clean and clear of mud and debris.
g. After flood events, paths may need to be power washed to remove any caked-on mud 
that could cause the path to be slippery or dangerous. Barricades should be set up 
while power washing to warn/guard public from coming into contact with slippery 
surface.
h. After flood events, Licensee acknowledges that debris that travels in currents often is 
left attached to railings, poles, signposts, and other permanent structures. These 
items should be rehioved and cleaned off within 48 hours after water subsides.
II. 
MOWING
a. Mowing service shall be provided during the regular mowing season for Bermuda 
grass, equaling 34-35 weeks of service beginning around March 1®‘, depending on 
mowing conditions.
b. Unless otherwise specified, mowing heights in all areas will be at two inches.
c. Sweeping, edging (including along walkways), and weed eating shall be performed 
each time the turf is mowed, or an area is serviced.
Exhibit C 
Page 1 of 2
i.

Contract No. 2026-017-cos
d. All hardscapes and valve boxes shall be string trimmed each time an area is serviced. 
This includes, but is not limited to, fence lines, power boxes, and everything turf 
borders or surrounds.
e. All sidewalks, hardscapes, and curb lines, etc. shall be blown and/or cleaned as the 
contractor moves through the mowing site.
f. 
Under no circunristances shall Licensee or Licensee’s contractor drive across turf 
areas with trucks or other non-mowing pieces of equipment, fior shall they park on any 
turf areas. Care is to be taken as to not disrupt the normal flow of pedestrian or other 
authorized traffic on the multi-use path.
g. Turf shall be maintained near the multi-use path so as to not create an Edge Drop for 
users of the mUlti-use path.
I
Exhibit C 
Page 2 of 2

Contract No. 2026-017-COS
EXHIBIT D
INSURANCE
1. Insurance Required. Licensee and any subcontractors shall provide the following insurance 
and satisfy the following requirements:
1.1 
Commercial General Liability. Commercial general liability insurance with an 
unimpaired limit of One Million Dollars ($1,000,000) for each occurrence. One Million Dollars 
($1,000,000) products and completed operations annual aggregate, and a Two Million Dollar 
($2,000,000) general aggregate limit per policy year. The policy shall cover liability arising from 
premises, operations, independent contractors, products, completed operations, personal injury, 
bodily injury, advertising injury, and liability assumed under an “insured contract” including this 
Agreement. The policy will cover the Licensee's liability under the indemnity provisions of this 
Agreement. The protection under the policy shall at a minimum meet or exceed Insurance Service 
Office, Inc. form CG0001093 or an equivalent thereof as determined by City from time to time. The 
policy shall contain a “separation of insureds” clause.
1.2 
Vehicle Liability: Regarding any vehicle is used in the performance of the Work 
that is the subject of this contract, the Licensee must maintain Business Automobile Liability 
insurance with a limit of One Million Dollars ($1,000,000) for each occurrence on Licensee’s 
owned, hired, and non-owned vehicles assigned to or used in the performance of the Licensee's 
work or services under this Contract. If any Excess insurance is utilized to fulfill the requirements 
of this paragraph, the Excess insurance must be "follow form” equal or broader in coverage scope 
then underlying.
1.3 
Workers Compensation Insurance: Licensee must maintain Workers 
Compensation insurance to cover obligations imposed by federal and state statutes applicable to 
Licensee's employees engaged in the performance of work or services under this Contract and 
must also maintain Employers' Liability Insurance of not less than $100,000 for each accident, 
$100,000 disease for each employee and $500,000 disease policy limit.
2. Form of Insurance. All insurance policies shall meet the following requirements:
2.1 
“Occurrence” coverage is required. “Claims made” insurance is not permitted.
2.2 
Policies must also cover and insure Licensee's activities on the City Parcel.
2.3 
The Parties must clearly show by providing copies of insurance policies, certificates, 
formal endorsements, or other documentation acceptable to City that all insurance coverage required 
by this Agreement is provided.
2.4 
No deductibles, retentions, or “self-insured” amounts shall exceed One Hundred 
Thousand Dollars ($100,000) in the aggregate per year. The Licensee shall be solely responsible 
for any self-insurance amount or deductible.
2.5 
No deductible shall be applicable to coverage provided to City.
2.6 
All liability policies must name City and City's employees, officials, representatives, 
officers, directors, and agents (collectively “Additional Insureds”) as additional insureds. The Parties
Exhibit D 
Page 1 of 2

Contract No. 2026-017-COS
(as applicable) shall cause coverage for Additional Insureds to be incorporated into each insurance 
policy by endorsement. City may give Licensee notice of City's election from time to time that any 
or all of the Additional Insureds not be named as Additional Insureds with respect to specific 
insurance coverages.
2.7
coverage.
All policies must provide City with at least 10 days’ prior notice of any cancellation in
2.8 All insurance policies shall contain a waiver of any transfer rights of recovery 
(subrogation) against City and all other Additional Insureds.
3. 
Insurance Certificates. Licensee shall evidence all insurance by furnishing to City certificates 
of insurance annually and with each change in insurance coverage as follows:
3.1 
Certificates must be in a form acceptable to City.
3.2 
All certificates are in addition to the actual policies and endorsements required. The 
Licensee shall provide updated certificates at City’s request.
3.3 
Insurance certificates shall be sent to parksandrecmail@scottsdaleaz.qov and 
realestate@scottsdaleaz.aov and include the City of Scottsdale Contract No. 2026-017-COS.
4. 
Acceptable Insurers. All insurers shall be duly licensed (or qualified unlicensed non-admitted 
insurer) by the State of Arizona, Department of Insurance. At a minimum, all insurers shall have and 
maintairi an A.M. Best, Inc. rating of B++ 6.
5. 
Primary Insurance. Licensee’s insurance shall be primary insurance. Any insurance or self- 
insurance maintained by City shall not contribute to Licensee’s insurance.
6. 
Cancellation. If the Licensee receives notice that any of the required policies of insurance 
are rnaterially reduced or cancelled, it will be the Licensee’s responsibility to provide 10 days’ 
written notice to the City Contract Administrator unless such coverage is immediately replaced 
with similar policies.
7. 
No Representation of Coveraae Adequacy. By requiring insurance herein, the City does 
not represent that coverage and limits will be adequate to protect Licensee. The City reserves the 
right to review any and all of the insurance policies and/or endorsements cited in the Agreement 
but has no obligation to do so. Failure to demand such evidence of full compliance with the 
insurance requirements set forth in this Agreement or failure to identify any insurance deficiency 
shall not relieve Licensee from, nor be construed or deemed a waiver of, its obligation to maintain 
the required insurance at all times during the performance of this Agreement.
Exhibit D 
Page 2 of 2