Agreement

When recorded, return to:
City Clerk
City of Chandler

P, O. Box 4008, Mail Stop 606
Chandler, AZ 85244-4008

DEVELOPMENT AGREEMENT
between

CITY OF CHANDLER,
an Arizona municipal corporation

and

Valley Christian Schools,
an Arizona non-profit corporation

Approved by the Chandler City Council on February 25, 2021

EVELOPMENT AGREEMENT

This Development Agreement ("Agreement") is entered into this ___ day of

, 2021 (“Effective Date”), by and between the City of Chandler, an Arizona

municipal corporation (‘City’) and Valley Christian Schools, an Arizona non-profit

corporation ("Developer"). City and Developer may be referred to individually in this
Agreement as a “Party” and collectively as the “Parties.”

RECITALS

A. On or about February 25, 2021, the Chandler City Council approved
Resolution No. authorizing the Mayor to enter into this Agreement.

B. The Parties acknowledge that this Agreement constitutes a "Development
Agreement’ within the meaning of Arizona Revised Statutes § 9-500.05 and in accordance
with that statute the Agreement shall be recorded against the interest of Developer in the
Property, as described in Recital C below, in the Office of the Maricopa County Recorder to
give notice to all persons of its existence and of the Parties’ intent that the burdens and
benefits contained in this Agreement be binding on and inure to the benefit of the Parties
and all of their successors in interest and permitted assigns.

Cc. Developer owns multiple parcels of real property totaling approximately 32.5
gross acres in the area of North 56th Street and West Galveston Street in the City of
Chandler, Maricopa County, Arizona, as legally described in Exhibit “A” to this Agreement
(the “Property") and as depicted on the parcel map attached hereto as Exhibit “B".
Developer intends to develop the Property as a K-12 private school campus.

D. By Ordinance No. 4244 adopted on July 26, 2010, the Chandler City Council
rezoned that portion of the Property identified on Exhibit B as Parcel(s) 1 and 2 from
Planned Area Development (PAD) to PAD Amended (DVRO9-1003 Valley Christian High
School) subject to certain conditions as set forth in that Ordinance, including phased
development of the Property (the “Existing Zoning”). Developer has completed Phase One
of the approved PAD, including construction of a softball field south of Galveston Street,
construction of a new, two-story classroom building (the "New Classroom Building"), and
occupancy of only the first floor of the New Classroom Building.

E. Phase Two of the Existing Zoning requires Developer to install certain offsite
public infrastructure improvements necessary to serve the Property, including a
northbound right-turn deceleration lane on 56th Street and the installation of a traffic
signal at the intersection of 56th Street and Galveston Street.

F, Installation of the deceleration lane and traffic signal requires deactivation
and removal of an existing Salt River Project (SRP) irrigation structure located at the

2

southeast corner of Galveston and 56th Street consisting of an irrigation box and related
improvements (the “Irrigation Structure”) under terms and conditions prescribed by SRP,
including a deactivation agreement between City and SRP obligating City to restore the
irrigation Structure in the event that SRP requires the Irrigation Structure to fulfill SRP’s
obligation to deliver irrigation water to its shareholders in the area,

G. In 2000 City granted Developer a Use Permit authorizing Developer to install
modular buildings on a portion of the Property located at the northeast corner of North
56th Street and West Galveston Street and identified on Exhibit B as Parcel 1. The Use
Permit has expired pending Developer's application to extend it, currently on file with the
City's Planning Division as case number PLH19-0065.

H, Developer also has applied to the City for rezoning of a portion of the
Property located on the east side of 56" Street approximately 700 feet south of Galveston
Street and identified on Exhibit B as Parcels 3 and 4 from Planned Area Development (PAD)
for industrial uses to PAD for a private elementary and junior high school campus. The
rezoning of Parcels 3 and 4 is pending with the City's Planning Division as case number
PLH20-0040.

I, City and Developer agree that a comprehensive master plan for full
development and build-out of the Property will serve the interests of students and the
public by allowing Developer to complete the phased development of the Property,
including associated public infrastructure improvements, as enrollment increases over
time.

AGREEMENT
NOW, THERFORE, the Parties agree as follows:
ARTICLE 1. COMPLETION OF PHASE TWO OF EXISTING ZONING

Developer shall complete development of the Property under the Existing Zoning as
set forth in this Article 1.

11 Installation of Roadway and Traffic Improvements.

(a) Developer agrees to perform or cause to be performed all of the work
associated with the installation of a right-turn deceleration lane northbound on 5éth Street
south of Galveston Street and a traffic signal at 56th Street and Galveston Street as
generally depicted in Exhibit "C" (the "Roadway and Traffic Improvements”). All work must
be designed and completed in accordance with plans and specifications approved by the
City of Chandler. Developer agrees to pay all costs required to complete installation of the
Roadway and Traffic Improvements (“Construction Costs”), Construction Costs shall
include, but are not limited to, fees needed to acquire temporary construction easements
or similar permissions, design, engineering, bonding, construction, installation, inspection,

3

energization, and as-built mapping, including any and all costs associated with the
deactivation of the Irrigation Structure located at the southeast corner of Galveston Street
and 56th Street, Construction Costs shall also include any cost increases due to changes,
additions, or deletions that are discovered during construction and that are associated with
the Roadway and Traffic Improvements, as reasonably determined and approved by the
City Engineer.

(b) The Parties anticipate that adequate right-of-way exists to accommodate all
improvements associated with installation of the Roadway and Traffic Improvements.
However, in the event that additional right-of-way is required, City agrees to acquire same
at Developer's cost. Further, in the event that Developer is unable through the exercise of
reasonable diligence to reach agreement with a neighboring property owner concerning
acquisition of temporary construction easements or similar permissions needed to
complete installation of the Roadway and Traffic Improvements, City agrees to acquire
same at Developer's cost.

(c) City will acquire ownership of the Roadway and Traffic Improvements when
completed, approved, and accepted by the City Engineer in accordance with Chandler City
Code Section 47-8 ("Acceptance"). Following Acceptance, City shall assume full
responsibility for all maintenance and power costs, other than replacement or repair
covered under the one-year warranty for workmanship, materials and equipment as set
forth in Code Section 47-8.

(d) Within one year after Acceptance, City and Developer shall enter into an
Agreement for Reimbursement of Offsite Construction Costs in substantially the form
attached hereto as Exhibit “D” (the “Reimbursement Agreement’). Under the
Reimbursement Agreement, Developer shall be entitled to reimbursement as the
remaining undeveloped corners of the 56th Street and Galveston Street intersection
develop, in an amount not to exceed one-half of the Construction Costs, less the cost of the
northbound deceleration lane on 56" Street.

(e) Should Developer be adjudged bankrupt or make an assignment for the
benefit of creditors prior to the completion of the construction of the work to be
performed under the terms of this Agreement, all rights under the reimbursement
provisions hereof, if any, will be null and void and without force or effect, and facilities
constructed prior to bankruptcy become the property of the City in fee simple, free and
clear of any and all encumbrances, claims or liens whatsoever of Developer.

1.2 Deactivation of SRP Irrigation Structure.

(a) The Parties acknowledge that installation of the Roadway and Traffic
Improvements requires deactivation and may require removal of the Irrigation Structure
under terms and conditions prescribed by SRP, including, but not limited to, a deactivation
agreement between City and SRP obligating City to restore the Irrigation Structure in the

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event that SRP requires the Irrigation Structure to fulfill SRP's obligation to deliver irrigation
water to its shareholders in the area.

(b) Concurrently with entering into this Agreement, City shall enter into a
deactivation agreement with SRP in substantially the form attached hereto as Exhibit "E”
(the “Deactivation Agreement’).

(c) Developer agrees that, in the event that SRP requires City to restore the SRP
Irrigation Structure under the terms of the Deactivation Agreement, Developer shall
reimburse City for 100% of the Construction Costs (as defined in Section 1.1(a) of this
Agreement) that City incurs in completing the restoration of the SRP Irrigation Structure
under the terms of the Deactivation Agreement.

(d) In the event that SRP requires City to restore the SRP Irrigation Structure
under the terms of the Deactivation Agreement, City shall inform Developer in writing at
the addresses provided for Notice under this Agreement promptly following City’s receipt
of notice from SRP regarding the same. Thereafter, Developer may elect to communicate
directly with SRP regarding the need, scope and other terms and conditions related to the
completion of restoration of the SRP Irrigation Structure; however, City shall be included in
any communications between Developer and SRP.

(e) At any time after completing its obligation to restore the SRP Irrigation
Structure under the terms of the Deactivation Agreement, City may make written demand
on Developer for payment of Construction Costs incurred by City under the Deactivation
Agreement, and Developer shall remit same to City within 90 days thereafter Such demand
from the City shall include, without limitation, invoices from contractors providing labor or
materials to the restoration project and such other information and materials as Developer
may reasonably request.

(f) Developer's failure to remit payment under Section 1.2(e) of this Agreement
shall constitute a breach of this Agreement entitling City to any and all available legal and
equitable remedies, including interest accruing at the legal statutory rate from the date of
demand until the date of payment in full of all amounts due and owing, including accrued
interest.

(g) Developer shall be responsible for any and all Construction Costs (as defined
in Section 1.1(a) of this Agreement) associated with the removal of the SRP irrigation
structure, subject to the provisions for reimbursement set forth in Section 1.1(d) of this
Agreement.

1.3 Improvement of Parking Lot.

Concurrently with its completion of the traffic signal under Section 1.1 of this
Agreement, Developer shall complete paving and other improvements to the parking lot

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located at the southeast corner of 56th Street and Galveston Street. Developer shall
submit design plans for the parking lot improvements to City for approval and shall
otherwise comply with permit and design requirements as set forth in City Code.

1.4 Continued Use of Modular Buildings.

Four modular buildings (2 office occupancy and 2 classroom occupancy) currently
exist on the Property in the locations noted on Exhibit B (the "Modular Buildings"). The
Parties agree that Developer may continue the current use of the Modular Buildings until
the date that is forty-five (45) days following the date that Developer satisfies all
requirements for and City issues a Certificate of Occupancy for the second floor of the New
Classroom Building, but in no event shall the use continue beyond June 30, 2022.
Notwithstanding the foregoing, the Parties recognize that unforeseen and unforeseeable
circumstances may impede Developer's ability to complete the improvements required
under Sections 1.1 and 1.3 of this Agreement. Provided that the City Manager is satisfied
that Developer is proceeding with completion of the improvements required under
Sections 1.1 and 1.3 of this Agreement in a commercially reasonable manner and
Developer has otherwise performed all necessary work to obtain a certificate of occupancy
save the completion of the improvements required under Sections 1.1 and 1.3 of this
Agreement, Developer may request and the Development Services Director may approve
an extension of the June 30, 2022 deadline set forth above.

1.5 Certificate of Occupancy for Second Floor of Permanent Classroom Building.

Notwithstanding Developer's compliance with the occupancy requirements of the
City’s Building Code, City shall not issue a Certificate of Occupancy for the Second Floor of
the New Classroom Building until Developer completes and City accepts or approves the
improvements required under Sections 1.1 and 1.3 of this Agreement.

ARTICLE 2. COMPREHENSIVE MASTER PLAN FOR FULL CAMPUS BUILD-OUT

2.1 The Parties agree that City shall take no further action on Case No. PLH20-
0040 or any future rezoning proposed for Parcels 3 and 4 until such time as Developer has
completed Phase Two of the Existing Zoning, including, but not limited to, the provisions
set forth in Article 1 of this Agreement.

2.2 Developer shall submit a comprehensive campus master plan that covers full
build-out of the planned K-12 private school campus, including a comprehensive traffic
study covering full build-out, in connection with the current or any future rezoning
proposed for Parcels 3 and 4.

2.3. City shall take no further action on the current or any future rezoning
proposed for Parcels 3 and 4 until Developer has fully performed and satisfied the
provisions of Article 1 and Article 2 of this Agreement.

ARTICLE 3. INDEMNIFICATION AND INSURANCE
3.1. The following terms shall have the following meanings in this Article:

“Hazardous Substances” means any materials or pollutants which pose a hazard to
the Property or to the Roadway and Traffic Improvements, or to persons on or about the
same, or cause the Property or the Roadway and Traffic Improvements to be in violation of
any law or local approval (“Environmental Law”), including any provision of Title 49 of the
Arizona Revised Statutes or are defined as or included in the definition of “hazardous
substances,” “hazardous wastes,” “hazardous materials,” or “toxic” or words of similar
import under any applicable law or regulation.

“Release”: Any releasing, spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, disposing, or dumping.

3.2 Developer agrees to indemnify, defend and hold harmless, on demand, the
City, its successors and assigns, its elected and appointed officials, employees, agents,
boards, commissions, representatives, and attorneys, for, from and against any and all
liabilities, obligations, damages, charges and expenses, penalties, suits, fines, claims, legal
and investigation fees or costs, arising from or related to any claim or action for injury,
liability, breach of warranty or representation, or damage to persons, property or the
environment, and any and all claims or actions brought by any person, entity or
governmental body (collectively, “Claims”), which Claims allege or arise in connection with
contamination of, or adverse effects on, human health, property or the environment
pursuant to any Environmental Law, the common law, or other statute, ordinance, rule,
regulation, judgment or order of any governmental agency or judicial entity, and which are
incurred or assessed because of, as a result of, or in connection with, whether in part or in
whole, the performance of their respective obligations hereunder in connection with: (i)
the respective acts, errors or omissions of Developer, and their respective owners,
affiliated entities, agents, successors, assigns, officers, directors, or employees, (ii) any
property dedicated to the City from them pursuant to this Agreement, or (iii) any Release or
threat of Release of a Hazardous Substance into the environment by Developer or its
employees or contractors in connection with this Agreement and/or the Property. This
indemnification includes, without limitation, costs incurred in connection with any
investigation of site conditions or any cleanup, remedial actions, removal or restoration
work required or conducted by any federal, state, county, or local governmental agency or
political subdivision. The Parties agree that the City’s right to enforce this covenant to
indemnify is not an adequate remedy at law for a violation of any provision of this
Agreement by Developer and that the City shall have the rights set forth in this paragraph
in addition to all other rights and remedies provided by law or otherwise provided for in
this Agreement.

3.3. Without limiting the foregoing, Developer shall promptly take all actions at its
sole cost and expense as are necessary to mitigate any immediate threat to human health

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or the environment by the presence of Hazardous Substances arising out of or resulting
from Developer's performance hereunder. Developer shall undertake such actions without
regard to the potential legal liability of any other person; however, any remedial activities
by Developer shall not be construed as to impair Developer's rights, if any, to seek
contribution or indemnity from another person.

3.4. Developer agrees to indemnify, defend, and hold harmless the City and its
officers, officials, agents, and employees for, from and against any and all Claims for
personal injury (including death) or property damage caused, or alleged to be caused, by
the respective negligent or willful acts, errors, or omissions of Developer, and those of
Developer's respective directors, officers, members, managers, agents, Successors, assigns,
or employees, arising out of or resulting from this Agreement. The preceding indemnity
obligation includes any Claim or amount arising under the worker's compensation laws,
Environmental Laws, or arising out of the failure to conform to any federal, state, or local
law, statute, ordinance, rule, regulation, court decree, or for any breach or violation of this
Agreement. For the consideration of this Agreement, Developer agrees to waive all rights of
subrogation against the City for losses arising from or related to this Agreement.

3.5 Developer Insurance Requirements.

3.5.1. Generally. Developer must procure insurance, as more fully
described below. Developer must maintain the insurance until Final Acceptance (as defined
in Chandler City Code Section 47-8) of the Roadway and Traffic Improvements. The
insurance requirements are minimum requirements for this Agreement and in no way limit
the indemnity covenants contained in this Agreement. City in no way warrants that the
minimum limits stated in this section are sufficient to protect Developer from liabilities that
might arise out of this Agreement. Developer is free to purchase such additional insurance
as may be determined necessary.

3.5.2. Minimum Scope and Limits of Insurance. Developer must provide
coverage with limits of liability not less than those stated below. An excess liability policy or
umbrella liability policy may be used to meet the minimum liability requirements provided
that the coverage is written on a “following form” basis.

Commercial General Liability - Occurrence Form:

This policy must include bodily injury, property damage, broad form
contractual liability coverage.

General Aggregate $4,000,000
Products - Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $2,000,000

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 Statutory Employers’ Liability
Each Accident $100,000
Disease - Each Employee $100,000
Disease - Policy Limit $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: 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

With copy to: Wendy Riddell
Berry Riddell, LLC
6750 E. Camelback Road, Suite 100
Scottsdale, AZ 85251

To City: Development Services Director
City of Chandler
215 E. Buffalo Street
Chandler, AZ 85225
(480) 782-3410

With copy to: Chandler City Attorney
175 S. Arizona Avenue, Second Floor
Chandler, AZ 85225
(480) 782-4640

42 Effective Date of Notices, Regardless of delivery method, any Notice will be
deemed effective upon actual delivery or refusal to accept delivery by the addressee.
Notwithstanding the foregoing, no payment shall be deemed to be made until actually
received in good and available funds by the intended payee. The Parties hereby
acknowledge and agree that any Notice transmitted solely by facsimile or by electronic mail
shall be deemed ineffective.

4.3 Cooperation: Further Acts. The Parties agree to cooperate with each other
consistent with this Agreement, as reasonably necessary to facilitate the design and
construction of the Roadway and Traffic Improvements in accordance with the terms of
this Agreement. In furtherance of the foregoing, each of the Parties hereto shall execute
and deliver all such documents and perform all such acts as reasonably necessary, from
time to time, to carry out the matters contemplated by this Agreement.

4.4 Compliance with City Code and Design Standards. Other than as expressly
provided in this Agreement or by laws of general application, Developer shall comply with
all applicable requirements for submission and approval of a preliminary and final plat and
site plan under Chapter 48 of the Chandler City Code, shall obtain appropriate City permits
for all work that it intends to undertake on the Property, and shall perform such work in
compliance with applicable Chandler City Code requirements and technical design
manuals.

4.5 Default. Subject to the limitations set forth in this Agreement, in the event of
a default by a Party of the terms of this Agreement, the non-defaulting Party shall have all
remedies available to it at law or in equity, including, without limitation, specific
performance of any obligation created under this Agreement and the issuance of an
injunction; provided, however, each Party waives any right to seek recovery of, or recover,
any special, consequential, punitive, or other monetary damages of any kind, other than
actual damages.

4.6 Venue: Attorneys’ Fees. Any legal actions instituted pursuant to this
Agreement must be filed in the County of Maricopa, State of Arizona, or in the Federal
District Court in the District of Arizona. In any legal action, the prevailing party in such

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action will be entitled to reimbursement by the other Party for all reasonable costs and
expenses of such action, including reasonable attorneys’ fees as may be fixed by the court.

4.7 Conflicts of Interest. No member, official or employee of the City may have
any direct or indirect interest in this Agreement, nor participate in any decision relating to
the Agreement which is prohibited by law. All Parties hereto acknowledge that this
Agreement is subject to cancellation pursuant to the provisions of Arizona Revised Statutes
§ 38-511.

4.8 No Partnership: Third Parties. It is not intended by this Agreement to, and
nothing contained in this Agreement shall, create any owner-contractor, contractor-
contractor, employer-employee, partnership, or joint venture relationship between or
among any or all of the Parties hereto. No term or provision of this Agreement is intended
to, or shall, be for the benefit of any person, firm, organization or corporation not a party
hereto, and no such other person, firm, organization or corporation shall have any right or
cause of action hereunder.

4.9 — Entire Agreement. This Agreement constitutes the entire agreement between
the Parties hereto pertaining to the subject matter hereof. All prior and contemporaneous
agreements, representations and understandings of the Parties, oral or written, are hereby
superseded and merged herein. No change or addition is to be made to this Agreement
except by written amendment executed by the Parties hereto.

4.10 Governing Law. This Agreement is entered into in Arizona and shall be
construed and interpreted under the laws of the State of Arizona.

4.11 Severability. Wherever possible, each provision of this Agreement shall be
interpreted in such manner as to be valid under applicable law, but if any provision of this
Agreement shall be conclusively determined to be invalid or unenforceable to any extent,
such provision shall be ineffective to the extent of such invalidation or unenforceability, but
such determination shall not invalidate the remainder of such provision or the remaining
provisions of this Agreement.

4.12 Calculation of Days. As used herein, the term “business day” shall mean a
day that is not a Saturday, Sunday or legal holiday in the City of Chandler. If the last day of
any time period stated in this Agreement or the date on which any obligation to be
performed under this Agreement shall fall on a Saturday, Sunday or legal holiday in the
State of Arizona, then the duration of such time period or the date of performance, as
applicable, shall be extended so that it shall end on the next succeeding day which is not a
Saturday, Sunday or legal holiday in the State of Arizona.

4.13 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument. The signature pages from one or more

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counterparts may be removed from such counterparts and such signature pages all
attached to a single instrument so that the signatures of all Parties may be physically
attached to a single document.

4.14 Recitals: Exhibits. The Recitals of this Agreement are incorporated herein by
reference and form a part of this Agreement. The Parties agree that all references to this
Agreement include all Exhibits designated in and attached to this Agreement, such Exhibits
being incorporated into and made an integral part of this Agreement for all purposes.

4.15 Time of Essence. Time is of the essence of this Agreement and each
provision of this Agreement.

4.16 Recordation:; Full Release of Property. The City will cause this Agreement to
be recorded in its entirety in the Official Records of Maricopa County, Arizona, not later
than 15 days after execution of the Agreement by the Parties, and shall thereafter promptly
provide a recorded copy of this Agreement to Developer. This Agreement shall run with
the land, shall bind Developer's successors and assigns, and shall not be released unless
and until SRP terminates the Deactivation Agreement or otherwise releases City from any
further obligation under the Deactivation Agreement.

4.17 Warranty Against Payment _of Consideration for Agreement. Developer
warrants that it has not paid or given, and will not pay or give, any third person any money
or other consideration for obtaining this Agreement, other than normal costs of conducting
business and costs of professional services such as architects, consultants, engineers, and
attorneys.

4.18 Non-liability of City Officials and Employees. No member, official or
employee of the City will be personally liable to Developer, or any successor in interest, in
the event of any default or breach by the City or for any amount which may become due to
Developer or its successor, or on any obligation under the terms of this Agreement.

4.19 Authority to Execute. The person signing this Agreement on behalf of
Developer represents and warrants that they have the necessary authorization to enter
into this Agreement on behalf of the corporation and to bind the corporation to the terms
and conditions of this Agreement.

4.20 No Waiver. Except as otherwise expressly provided in this Agreement, any
failure or delay by any Party in asserting any of its rights or remedies as to any default, will
not operate as a waiver of any default, or of any such rights or remedies, or deprive any
such Party of its right to institute and maintain any actions or proceedings which it may
deem necessary to protect, assert, or enforce any such rights or remedies, including but
not limited to rights and remedies existing at common law.

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4.21 Captions. The captions contained in this Agreement are merely a reference
and are not to be used to construe or limit the text.

4.22 No Agency Created. Nothing contained in this Agreement creates any
partnership, joint venture, or agency relationship among the City or Developer. No term or
provision of this Agreement is intended to be for the benefit of any person, firm,
organization, or corporation not a Party hereto, and no other person, firm, organization, or
corporation may have any right or cause of action hereunder.

4.23 Governing Statutes. References are made in this Agreement to specific
sections of the Arizona Revised Statutes, Any such references mean the statute in effect on
the date of the execution of this Agreement and any subsequent renumbering or
reordering of those provisions.

4.24 No Israel Boycott. By entering into this contract, Developer certifies that
Developer is not currently engaged in, and agrees for the duration of the contract to not
engage in, a boycott of Israel.

[Signatures on following page.]

13

IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name and
on its behalf by its Mayor and its seal to be hereunder duly affixed and attested by its City
Clerk, and Developer has signed the same, on or as of the day and year first above written.

CITY OF CHANDLER, an Arizona municipal

ATTEST: corporation
City Clerk Mayor
APPROVED AS TO FORM:

Assistant City Attorney )

VALLEY CHRISTIAN SCHOOLS, an Arizona
nonprofit corporation

By:
Its: Q
PCE

Z
dD
STATE OF ARIZONA)

) ss.
County of Maricopa )

Subscribed and sworn to before me this oO day of February 2021, by
“Dar Kuilou , in his or her capacity as \N@ew) of, School of

Valley Christian Schools, an Arizona nonprofit corporation.

Gy bua (ada!

Notary Public

My Commission Expires: olny lay,

worant a Rie
MARI ¢

14

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;

THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 124 DEGREES, 40
MINUTES, 58 SECONDS, A DISTANCE OF 119,69 FEET TO THE BEGINNING OF A TANGENT REVERSE
CURVE OF 55.00 FOOT RADIUS, CONCAVE EASTERLY;

THENCE NORTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17 DEGREES, 20 MINUTES,
29 SECONDS, A DISTANCE OF 16.65 FEET;

THENCE NORTH 15 DEGREES, 34 MINUTES, 59 SECONDS EAST, A DISTANCE OF 195.00 FEET;

THENCE SOUTH 74 DEGREES, 25 MINUTES, 01 SECONDS EAST, A DISTANCE OF 160.00 FEET TO A POINT
ON THE WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY;

THENCE SOUTH 15 DEGREES, 34 MINUTES, 59 SECONDS WEST, ALONG SAID WESTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 931.31 FEET TO A POINT ON THE EAST-WEST MID-SECTION LINE OF SAID SECTION
28;

THENCE NORTH 89 DEGREES, 45 MINUTES, 13 SECONDS WEST, ALONG SAID EAST-WEST MID-SECTION
LINE, A DISTANCE OF 1,500.30 FEET TO THE POINT OF BEGINNING.

EXCEPT THAT PORTION ACQUIRED BY THE CITY OF CHANDLER BY FINAL ORDER OF CONDEMNATION IN
THE SUPERIOR COURT OF THE STATE OF ARIZONA, IN AND FOR THE COUNTY OF MARICOPA, CAUSE NO.
C-533606 SEJD, AND RECORDED JUNE 15, 1987, IN RECORDING NO. 87-379832 OF OFFICIAL RECORDS;
AND EXCEPT BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 28;

THENCE SOUTH 89 DEGREES, 48 MINUTES, 13 SECONDS EAST ALONG THE EAST-WEST MIDSECTION LINE,
A DISTANCE OF 55.00 FEET TO THE TRUE POINT OF BEGINNING;

THENCE ALONG A LINE 55.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SECTION 28, NORTH
00 DEGREES, 04 MINUTES, 30 SECONDS EAST, 60.00 FEET;

THENCE SOUTH 44 DEGREES, 51 MINUTES, 32 SECONDS EAST, 28.31 FEET TO A POINT ON A LINE
LOCATED 40.00 FEET NORTH OF AND PARALLEL WITH SAID EAST-WEST MIDSECTION LINE OF SECTION
28;

THENCE ALONG SAID LINE SOUTH 89 DEGREES, 48 MINUTES 13 SECONDS EAST, 1,013.03 FEET TO A
POINT OF CURVATURE;

THENCE ALONG SAID CURVE TO THE LEFT WITH A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 31
DEGREES, 00 MINUTES, 10 SECONDS AND AN ARC LENGTH OF 10.82 FEET TO A POINT OF REVERSE
CURVATURE;

THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 121
DEGREES, 00 MINUTES, 10 SECONDS AND AN ARC LENGTH OF 105.59 FEET TO A POINT ON SAID EAST-
WEST MIDSECTION LINE;

THENCE ALONG SAID LINE NORTH 89 DEGREES, 48 MINUTES, 13 SECONDS WEST, 1,119.00 FEET TO THE
TRUE POINT OF BEGINNING, AS CONVEYED TO THE CITY OF CHANDLER, A MUNICIPAL CORPORATION BY
DEED RECORDED IN RECORDING NO, 91-125093 OF OFFICIAL RECORDS;

AND EXCEPT THE WEST 65 FEET; AND EXCEPT BEGINNING AT THE WEST QUARTER CORNER OF SAID
SECTION 28;

THENCE SOUTH 89 DEGREES 45 MINUTES 13 SECOND EAST ALONG THE EAST-WEST MID-SECTION LINE
OF SAID SECTION 28, A DISTANCE OF 33.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE AS
DESCRIBED IN DOCUMENT NO. 87-379832, MARICOPA COUNTY RECORDS, SAID ALSO BEING THE TRUE
POINT OF BEGINNING;

THENCE NORTH 01 DEGREES 07 MINUTES 03 SECONDS EAST ALONG SAID EASTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 333.16 FEET TO A POINT ON THE SOUTHERLY LINE OF CHANDLER CROSSING UNIT
2, ASUBDIVISION RECORDED IN BOOK 385 OF MAPS, PAGE 3, MARICOPA COUNTY RECORDS;

THENCE NORTH 89 DEGREES 58 MINUTES 51 SECONDS EAST, A DISTANCE OF 25.39 FEET TO A POINT ON
THE EAST LINE OF THE WEST 65.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 28;

THENCE SOUTH 00 DEGREES 01 MINUTES 09 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF
273.24 FEET;

THENCE SOUTH 44 DEGREES 53 MINUTES 11 SECONDS EAST, A DISTANCE OF 28.35 FEET TO A POINT ON
THE NORTH LINE OF THE SOUTH 40.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 28;

THENCE NORTH 89 DEGREES 45 MINUTES 13 SECONDS WEST ALONG SAID NORTH LINE, A DISTANCE OF
20.00 FEET TO A POINT ON THE EAST LINE OF THE WEST 65.00 FEET OF THE NORTHWEST QUARTER OF
SAID SECTION 28;

THENCE SOUTH 00 DEGREES 01 MINUTES 09 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF
40.00 FEET TO A POINT ON THE EAST-WEST MID SECTION LINE OF SAID SECTION 28;

THENCE NORTH 89 DEGREES 45 MINUTES 13 SECONDS WEST ALONG SAID EAST-WEST MID-SECTION
LINE, A DISTANCE OF 32.00 FEET TO THE TRUE POINT OF BEGINNING.

PARCEL NO. 2:

THE NORTH 467.17 FEET OF THE WEST 361 FEET OF THE FOLLOWING DESCRIBED PROPERTY:

THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 1
SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 28;

THENCE SOUTHERLY ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER, A DISTANCE OF 751.95 FEET TO THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN
INSTRUMENT RECORDED AS DOCKET 11919, PAGE 1002, RECORDS OF MARICOPA COUNTY, ARIZONA;

THENCE SOUTH 89 DEGREES 58 MINUTES EAST PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, A DISTANCE OF 980.01 FEET TO THE
NORTHWEST CORNER OF THE PROPERTY DESCRIBED IN SAID INSTRUMENT;

THENCE NORTHEASTERLY ALONG THE WEST RIGHT-OF-WAY LINE OF THE ARIZONA EASTERN RAILROAD,
A DISTANCE OF 776.89 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE PROPERTY
DESCRIBED IN INSTRUMENT RECORDED AS DOCKET 11018, PAGE 676, RECORDS OF MARICOPA COUNTY,
ARIZONA;

THENCE WESTERLY ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER, A DISTANCE OF 1189.09 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THAT PORTION
CONVEYED TO THE CITY OF CHANDLER IN INSTRUMENT NO, 91-125091, DESCRIBED AS FOLLOWS:

A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28,
TOWNSHIP 1 SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 28,

THENCE SOUTH 89 DEGREES 48 MINUTES 13 SECONDS EAST ALONG THE EAST-WEST MID-SECTION LINE
A DISTANCE OF 55.00 FEET TO THE TRUE POINT OF BEGINNING;

THENCE CONTINUING SOUTH 89 DEGREES 48 MINUTES 13 SECONDS EAST ALONG SAID LINE, A
DISTANCE OF 1119.00 FEET;

THENCE ALONG A CURVE TO THE RIGHT, WITH A RADIUS POINT BEARING NORTH 89 DEGREES 48
MINUTES 13 SECONDS WEST, A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 121 DEGREES 00 MINUTES
10 SECONDS AND AN ARC LENGTH OF 105.59 FEET TO A POINT OF REVERSE CURVATURE;

THENCE ALONG SAID CURVE TO THE LEFT WITH A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 31
DEGREES 00 MINUTES 10 SECONDS AND AN ARC LENGTH OF 10.82 FEET TO A POINT OF TANGENCY,
SAID POINT LYING ON A LINE 40.00 FEET SOUTH OF AND PARALLEL WITH SAID EAST-WEST MID-SECTION
LINE;

THENCE ALONG SAID LINE NORTH 89 DEGREES 48 MINUTES 13 SECONDS WEST, 1012.86 FEET;

THENCE SOUTH 45 DEGREES 08 MINUTES 09 SECONDS WEST, 28.25 FEET TO A POINT ON A LINE 55.00
FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SECTION 28;

THENCE NORTH 00 DEGREES 04 MINUTES 30 SECONDS EAST, 60.00 FEET TO THE TRUE POINT OF
BEGINNING.

PARCEL NO. 3 (NORTH PORTION OF SOUTHERN PARCEL):

THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28,
TOWNSHIP 1 SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28;

THENCE SOUTH 00 DEGREES 04 MINUTES 30 SECONDS EAST, ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, 751.95 FEET TO THE POINT OF BEGINNING;

THENCE SOUTH 89 DEGREES 55 MINUTES 23 SECONDS EAST, ALONG A LINE THAT IS PARALLEL WITH THE
SOUTH LINE OF SAID NORTHWEST QUARTER, 731.11 FEET;

THENCE SOUTH 00 DEGREES 04 MINUTES 37 SECONDS WEST, ALONG A LINE PERPENDICULAR TO THE
LAST COURSE, 571.11 FEET TO A POINT ON THE CENTER LINE OF THE KYRENE CANAL;

THENCE SOUTH 43 DEGREES 44 MINUTES 00 SECONDS WEST, ALONG SAID CENTERLINE, 27.31 FEET TO
A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER;

THENCE NORTH 89 DEGREES 55 MINUTES 23 SECONDS WEST, ALONG SAID SOUTH LINE, 14.22 FEET TO
A POINT ON THE NORTH FACE OF AN EXISTING BLOCK WALL;

THENCE NORTH 56 DEGREES 56 MINUTES 33 SECONDS WEST, ALONG SAID NORTH FACE, 27.56 FEET;

THENCE NORTH 89 DEGREES 55 MINUTES 23 SECONDS WEST, CONTINUING ALONG SAID NORTH FACE
AND THE WESTERLY PROLONGATION THEREOF, SAID NORTH FACE BEING 15 FEET NORTH OF, AND
PARALLEL WITH, THE SOUTH LINE OF SAID NORTHWEST QUARTER, 673.39 FEET TO A POINT ON THE
WEST LINE OF SAID NORTHWEST QUARTER;

THENCE NORTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, ALONG SAID WEST LINE, 575.87 FEET TO
THE POINT OF BEGINNING;

EXCEPT THE EAST 10.00 FEET OF THE WEST 65.00 FEET, THEREOF AS CONVEYED TO THE CITY OF
CHANDLER, AN ARIZONA MUNICIPAL CORPORATION IN WARRANTY DEED RECORDED IN DOCUMENT
NO, 95-225841 AND RERECORDED IN DOCUMENT NO, 96-0482329, MARICOPA COUNTY RECORDS.

PARCEL NO. 4 (SOUTH PORTION OF SOUTHERN PARCEL):

THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28,
TOWNSHIP 1 SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA, LYING NORTHWESTERLY OF THE CENTER LINE OF THE WESTERN CANAL.

WHICH INCLUDES THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 1 SOUTH, RANGE 4 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:

COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 28;

THENCE SOUTH 00 DEGREES 04 MINUTES 30 SECONDS EAST, ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, 1,327.82 FEET TO A POINT WHICH IS 15.00 FEET NORTH OF THE SOUTHWEST
CORNER OF SAID NORTHWEST QUARTER AND THE POINT OF BEGINNING;

THENCE SOUTH 89 DEGREES 55 MINUTES 23 SECONDS EAST, ALONG THE NORTH FACE OF AN EXISTING
BLOCK WALL AND THE WESTERLY PROLONGATION THEREOF, SAID NORTH FACE BEING 15 FEET NORTH
OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER, 673.39 FEET;

THENCE SOUTH 56 DEGREES 56 MINUTES 33 SECONDS EAST, CONTINUING ALONG SAID NORTH FACE,
27.56 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER;

THENCE NORTH 89 DEGREES 55 MINUTES 23 SECONDS WEST, ALONG SAID SOUTH LINE, 696.47 FEET TO
THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;

THENCE NORTH 00 DEGREES 04 MINUTES 30 SECONDS WEST, ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, 15.00 FEET TO THE POINT OF BEGINNING.