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RESOLUTION NO. 5439
AUTHORIZING A DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF CHANDLER AND VALLEY CHRISTIAN SCHOOLS, AN ARIZONA
NON-PROFIT CORPORATION FOR THE INSTALLATION OF ROADWAY
AND TRAFFIC IMPROVEMENTS AT THE INTERSECTION OF NORTH
56TH STREET AND WEST GALVESTON STREET.
WHEREAS, Valley Christian Schools ("Developer") owns approximately 32.5 acres of property
located in the area of No1ih 56th Street and West Galveston Street in the City of Chandler,
Arizona as legally described in the attached Exhibit "A" (the "Prope1iy"); and
WHEREAS, Developer intends to develop the Prope1iy as a K-12 private school campus; and
WHEREAS, City requires Developer to install or contribute to the cost of installing certain
offsite public infrastructure improvements necessary to serve the Prope1iy as developed,
including roadway and traffic improvements at the intersection of N01ih 56th Street and West
Galveston Street;
WHEREAS, A.R.S. § 9-500.05 authorizes City and Developer to enter into a development
agreement that provides for the conditions, terms, restrictions, and requirements for public
infrastructure associated with the proposed development, the financing of public infrastructure,
and subsequent reimbursements over time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
Section 2.
The City of Chandler is authorized to enter into a Development Agreement with
Developer in the fo1m attached hereto as Exhibit "B" (the "Agreement").
The Mayor is authorized to execute the Agreement and this Resolution on behalf
of the City of Chandler.
PASSED AND ADOPTED by the City Council of Chandler, Arizona, this 25th day of February,
2021.
ATTEST:
CITY CLERK
MAYOR
This policy must be endorsed to include the following additional insured
language: ''The City of Chandler is named as an additional insured with
respect to liability arising out of the activities performed by Developer."
Worker's Compensation and Employers' Liability:
Workers' Compensation
Each Accident
Statutory Employers' Liability
$100,000
Disease - Each Employee
Disease - Policy Limit
$100,000
$500,000
This policy must contain a waiver of subrogation against the City.
3.5.3 Consultant and Contractor Insurance Requirements. The Parties
acknowledge that form agreements for the Roadway and Traffic Signal Improvements shall
require each contractor and consultant to maintain insurance for coverages and amounts
as reasonably approved by Developer and City.
ARTICLE 4. STANDARD TERMS AND CONDITIONS
4.1
Notices. Except as otherwise required by law, any notice, demand or other
communication required to be given by this Agreement (each, a "Notice") shall be in writing
and shall be given by (i) personal delivery; (ii) by certified or registered United States Mail,
return receipt requested or by United States Priority Mail; or (iii) by any nationally
recognized express or overnight delivery service (e.g., Federal Express or UPS), with all
postage and other delivery charges prepaid and addressed to the Parties at their respective
addresses set forth below, or at such other address as a Party may designate in writing
pursuant to the terms of this paragraph:
To Developer:
With copy to:
Dan Kuiper, Head of School
Valley Christian Schools
6900 W. Galveston St.
Chandler, AZ 85226
P: (480) 705-8888 ext. 203
Email: dkuiper@valleychristianaz.org
Wendy Riddell
Berry Riddell, LLC
6750 E. Camel back Road, Suite 100
Scottsdale, AZ 85251
9
EXHIBIT "A"
Legal Description of the Property
Legal Description of the Property
The Land referred to herein below is situated in the County of Maricopa, State of Arizona, and is
described as follows:
PARCEL NO. 1:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 4 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 28;
THENCE NORTH 00 DEGREES, 01 MINUTES, 09 SECONDS WEST, ALONG THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 28, A DISTANCE OF 332.94 FEET;
THENCE NORTH 89 DEGREES, 58 MINUTES, 51 SECONDS EAST, A DISTANCE OF 285.97 FEET;
THENCE NORTH 68 DEGREES, 32 MINUTES, 20 SECONDS EAST, A DISTANCE OF 128.92 FEET;
THENCE NORTH 89 DEGREES, 58 MINUTES, 51 SECONDS EAST, A DISTANCE OF 300.00 FEET;
THENCE SOUTH 88 DEGREES, 15 MINUTES, 07 SECONDS EAST, A DISTANCE OF 55.63 FEET;
THENCE SOUTH 66 DEGREES, 44 MINUTES, 29 SECONDS EAST, A DISTANCE OF 57.28 FEET;
THENCE NORTH 22 DEGREES, 13 MINUTES, 52 SECONDS EAST, A DISTANCE OF 110.93 FEET;
THENCE SOUTH 67 DEGREES, 40 MINUTES, 00 SECONDS EAST, A DISTANCE OF 277.71 FEET TO THE
BEGINNING OF A TANGENT CURVE OF 55.00 FOOT RADIUS, CONCAVE SOUTHWESTERLY;
THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17 DEGREES, 20
MINUTES, 29 SECONDS, A DISTANCE OF 16.65 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE
OF 55.00 FOOT RADIUS, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 123 DEGREES, 42
MINUTES, 11 SECONDS, A DISTANCE OF 118.75 FEET TO THE BEGINNING OF A TANGENT REVERSE
CURVE OF 55.00 FOOT RADIUS, CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17 DEGREES, 20
MINUTES, 29 SECONDS, A DISTANCE OF 16.65 FEET;
THENCE NORTH 23 DEGREES, 18 MINUTES, 48 SECONDS EAST, A DISTANCE OF 327.75 FEET;
THENCE NORTH 64 DEGREES, 26 MINUTES, 53 SECONDS EAST, A DISTANCE OF 22.59 FEET;
THENCE SOUTH 74 DEGREES, 25 MINUTES, 01 SECONDS EAST, A DISTANCE OF 73.45 FEET TO THE
BEGINNING OF A TANGENT CURVE OF 55.00 FOOT RADIUS, CONCAVE SOUTHWESTERLY;
THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17 DEGREES, 20
MINUTES, 29 SECONDS, A DISTANCE OF 16.65 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE
OF 55.00 FOOT RADIUS, CONCAVE NORTHWESTERLY;