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HomeMy WebLinkAbout150205P z:\council packets\2015\r150205\150205a.docx Last Printed: 2/2/2015 5:17 PM Page 1 of 4 REVISED: 2/3/15 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, FEBRUARY 5, 2015 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Vice Mayor Cecil A. Yates z:\council packets\2015\r150205\150205a.docx Last Printed: 2/2/2015 5:17 PM Page 2 of 4  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Don Primosch, First Counselor in the Bishopric of The Church of Jesus Christ of Latter Day Saints  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on th e consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 15, 2015. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Kiwanis Club of Sunset Fountain Hills (Margaret Ziefert) for the promotion a fundraiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 13 through Sunday, March 15, 2015. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Sons of Amvets (Don Anderson) for the promotion a fundraiser to be held at Fountain Park, located at 12925 Saguaro Boulevard, Fountain Hills, AZ in conjunction with the St. Patrick’s Day Celebration, from 10:00 AM to 6:00 PM on Sunday, March 15, 2015. z:\council packets\2015\r150205\150205a.docx Last Printed: 2/2/2015 5:17 PM Page 3 of 4 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Schmitz) for the promotion a fundraiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ in conjunction with the Fountain Hills Great Fair, from 10:00 AM to 10:00 PM daily, from Friday, February 20 through Sunday, February 22, 2015. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Phil Yin) for the promotion of a fundraiser to be held at Saguaro Boulevard and Avenue of the Fountains, Fountain Hills, AZ in conjunction with the Fountain Hills Great Fair, from 9:00 AM to 10:00 PM daily, Friday, February 20 and Saturday, February 21; 10:00 AM to 10:00 PM Sunday, February 22, 2015. 6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Phil Yin) for the promotion of a fundraiser to be held at Verde River Drive, Fountain Hills, AZ, in conjunction with the Fountain Hills Great Fair, from 9:00 AM to 10:00 PM daily, Friday, February 20 and Saturday, February 21; 10:00 AM to 10:00 PM Sunday, February 22, 2015. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Community Theater (Val Stasik) fundraising dinner and entertainment to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ from 5:30 PM to 10:00 PM on Sunday, March 29, 2015. 8. CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya) located at 12645 N. Saguaro Boulevard, Fountain Hills, AZ in conjunction with the Memorial Championship Disc Golf Tournament, from 10:00 AM to 7:00 PM on Saturday, Feb 28, 2015. 9. CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya) located at 12645 N. Saguaro Boulevard, Fountain Hills, AZ in conjunction with Mountain to Fountain 15K, from 7:00 AM to 12:00 PM on Sunday, March 8, 2015. 10. CONSIDERATION of the SECOND AMENDMENT TO THE OPTION AND LEASE AGREEMENT between the Town of Fountain Hills and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless to modify the communications facility by replacing certain existing antennae. 11. CONSIDERATION of approving a BUDGET TRANSFER, in the amount of $42,500, from the Municipal Property Corporation (MPC) Debt Service Fund to the General Obligation (GO) Bond Debt Service Fund. 12. CONSIDERATION of approving a BUDGET TRANSFER, in the amount of $2,250, from the Golden Eagle Park Fund to the Capital Improvement Project (Parks and Recreation) Fund to provide budget authority for expenditure. 13. CONSIDERATION of approving a CONTRACT with Verde Valley Nursery in an amount not to exceed $75,000 for drainage parcel maintenance. REGULAR AGENDA ITEMS 14. CONSIDERATION of the FINAL PLAT ABANDONMENT of the "Final Plat of Eagle Ridge North" located in Maricopa County Township 3 North, Range 6 East, Sections 7, 8, and 17. z:\council packets\2015\r150205\150205a.docx Last Printed: 2/2/2015 5:17 PM Page 4 of 4 15. CONSIDERATION of RESOLUTION 2015–03, exchanging certain public roadway located within the Town of Fountain Hills which has been found to be no longer necessary for public use. 16. CONSIDERATION of the “Adero Canyon FINAL MASTER PLAT” a 431.2 acre, mixed- density residential subdivision located in Maricopa County Township 3 North, Range 6 East, Sections 7, 8, and 17. Case #S2014-10 17. CONSIDERATION of the “Adero Canyon Parcel 1 FINAL PLAT”, a 30-lot single-family subdivision. Case #S2014-07 18. CONSIDERATION of the “Adero Canyon Parcel 7 FINAL PLAT”, a 31-lot single-family subdivision. Case #S2014-08 19. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding ADDING LIGHTING AT THE INTERSECTION OF SAGUARO BOULEVARD AND AVENUE OF THE FOUNTAINS and AUTHORIZING STAFF TO EXECUTE A CONSTRUCTION CHANGE ORDER to be paid from the Downtown Fund, in an amount not to exceed $100,000. 20. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 21. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 22. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 23. ADJOURNMENT. DATED this 28th day of January, 2015. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. z:\council packets\2015\r150205\150205a.docx Last Printed: 2/2/2015 5:17 PM Page 1 of 4 REVISED: 2/3/15 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, FEBRUARY 5, 2015 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Vice Mayor Cecil A. Yates z:\council packets\2015\r150205\150205a.docx Last Printed: 2/2/2015 5:17 PM Page 2 of 4  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Don Primosch, First Counselor in the Bishopric of The Church of Jesus Christ of Latter Day Saints  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) None.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on th e consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 15, 2015. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Kiwanis Club of Sunset Fountain Hills (Margaret Ziefert) for the promotion a fundraiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday, March 13 through Sunday, March 15, 2015. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Sons of Amvets (Don Anderson) for the promotion a fundraiser to be held at Fountain Park, located at 12925 Saguaro Boulevard, Fountain Hills, AZ in conjunction with the St. Patrick’s Day Celebration, from 10:00 AM to 6:00 PM on Sunday, March 15, 2015. z:\council packets\2015\r150205\150205a.docx Last Printed: 2/2/2015 5:17 PM Page 3 of 4 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Schmitz) for the promotion a fundraiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ in conjunction with the Fountain Hills Great Fair, from 10:00 AM to 10:00 PM daily, from Friday, February 20 through Sunday, February 22, 2015. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Phil Yin) for the promotion of a fundraiser to be held at Saguaro Boulevard and Avenue of the Fountains, Fountain Hills, AZ in conjunction with the Fountain Hills Great Fair, from 9:00 AM to 10:00 PM daily, Friday, February 20 and Saturday, February 21; 10:00 AM to 10:00 PM Sunday, February 22, 2015. 6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Phil Yin) for the promotion of a fundraiser to be held at Verde River Drive, Fountain Hills, AZ, in conjunction with the Fountain Hills Great Fair, from 9:00 AM to 10:00 PM daily, Friday, February 20 and Saturday, February 21; 10:00 AM to 10:00 PM Sunday, February 22, 2015. 7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Community Theater (Val Stasik) fundraising dinner and entertainment to be held in the Grand Ballroom of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ from 5:30 PM to 10:00 PM on Sunday, March 29, 2015. 8. CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya) located at 12645 N. Saguaro Boulevard, Fountain Hills, AZ in conjunction with the Memorial Championship Disc Golf Tournament, from 10:00 AM to 7:00 PM on Saturday, Feb 28, 2015. 9. CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya) located at 12645 N. Saguaro Boulevard, Fountain Hills, AZ in conjunction with Mountain to Fountain 15K, from 7:00 AM to 12:00 PM on Sunday, March 8, 2015. 10. CONSIDERATION of the SECOND AMENDMENT TO THE OPTION AND LEASE AGREEMENT between the Town of Fountain Hills and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless to modify the communications facility by replacing certain existing antennae. 11. CONSIDERATION of approving a BUDGET TRANSFER, in the amount of $42,500, from the Municipal Property Corporation (MPC) Debt Service Fund to the General Obligation (GO) Bond Debt Service Fund. 12. CONSIDERATION of approving a BUDGET TRANSFER, in the amount of $2,250, from the Golden Eagle Park Fund to the Capital Improvement Project (Parks and Recreation) Fund to provide budget authority for expenditure. 13. CONSIDERATION of approving a CONTRACT with Verde Valley Nursery in an amount not to exceed $75,000 for drainage parcel maintenance. REGULAR AGENDA ITEMS 14. CONSIDERATION of the FINAL PLAT ABANDONMENT of the "Final Plat of Eagle Ridge North" located in Maricopa County Township 3 North, Range 6 East, Sections 7, 8, and 17. z:\council packets\2015\r150205\150205a.docx Last Printed: 2/2/2015 5:17 PM Page 4 of 4 15. CONSIDERATION of RESOLUTION 2015–03, exchanging certain public roadway located within the Town of Fountain Hills which has been found to be no longer necessary for public use. 16. CONSIDERATION of the “Adero Canyon FINAL MASTER PLAT” a 431.2 acre, mixed- density residential subdivision located in Maricopa County Township 3 North, Range 6 East, Sections 7, 8, and 17. Case #S2014-10 17. CONSIDERATION of the “Adero Canyon Parcel 1 FINAL PLAT”, a 30-lot single-family subdivision. Case #S2014-07 18. CONSIDERATION of the “Adero Canyon Parcel 7 FINAL PLAT”, a 31-lot single-family subdivision. Case #S2014-08 19. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding ADDING LIGHTING AT THE INTERSECTION OF SAGUARO BOULEVARD AND AVENUE OF THE FOUNTAINS and AUTHORIZING STAFF TO EXECUTE A CONSTRUCTION CHANGE ORDER to be paid from the Downtown Fund, in an amount not to exceed $100,000. 20. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. 21. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 22. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 23. ADJOURNMENT. DATED this 28th day of January, 2015. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Bevelyn J. Bender, Town Clerk;480-816-5115;bbender@fh.az.gov Council Goal: Strategic Values:Civic Responsibility C3 Solicit feedback indecision-making REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 15,2015. Applicant:NA Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:A.R.S.§38-431.01 Staff Summary (background):The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and actionthat took place at that meeting for archival purposes. Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status): Budget Reference (page number): Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form: na Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Approve List Attachment(s):None SUGGESTED MOTION (for Council use):Move to approve the consent agenda as listed Preparedby:Approved: KerrBuchananTTown ManagerBevelynBender,Town Clerk 1/26/2015 Ken^BuchanarTTown Manager 1/27/2015 Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Supervisor of Recreation, 480-816-5135, rgoodwin@fh.az.gov Strategic Planning Goal:NotApplicable (NA)Operational Priority:NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Kiwanis Club of Sunset Fountain Hills (Margaret Ziefert) for the promotion a fund raiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Flills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, from Friday,March 13 through Sunday,March 15, 2015. Applicant:Margaret Ziefert Applicant Contact Information: Property Location:Avenue of the Fountains,Fountian Hills,Arizona Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,and R19-1-309 Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Margaret Ziefert representing the Kiwanis Club of Sunset Fountain Hills,for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here: N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Application; SUGGESTED MOTION (for Council use):Move to approve the Special Event Liquor License as presented. Page 1 of 2 Redact Prepared by: Rachael Goodwin,Re/r^ation Supervisor Director's Approval Mark Mayer,Community Services Director Approved:proved:-— Ken Buchanan,Town Manager 727/201 3 1/27/2015 1/27/2015 Page 2 of2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO:(as applicable) »Streets Division • Fire Department •Building Division •Community Services 'Development Services »Law Enforcement •Licensing DATE:1/13/2015 FR:Rachael Goodwin, Recreation Supervisor RE:Liquor License Application Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staff's recommendation isto deny and/or there are stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization:Kiwanis Club of Sunset Fountain Hills Applicant:Margaret Ziefert Date(s)of Event:March 13-15,2015 at Ave. of the Fountains,from Saguaro Blvdto La Montana conjunction with the 11th Annual Fountain Hills Art and Wine Affair Date Application Received:06/06/14 Town Council Agenda Date:2/5/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field k Community Services Rachael Goodwin X Development Services Bob Rodgers W Fire Department Dave Ott X Law Enforcement Mark Fisher X Licensing Sonia Kukkola X Street Department Ken Kurth X Attach report for denial or any recommendation requiring stipulations. ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 WWashington 5th Floor Phoenix,Arizona 85007-2934 (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per day for1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§44-6852) NOTE:THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. "Application must be approved by local government before submission to Department of Liquor Licenses and Control.(Section #20) 1.Name of Organization:kjg)AiQiS £i~VB Of Suriser V&utfTai k!f/tU-S 2.Non-Profit/I.R.S.Tax Exempt Number:#6 - 0 9V V^3^ DLLC USE ONLY LICENSE # 3.The organization is a:(check one box only) [3 Charitable Q]Fraternal (must have regular membership and in existence for over 5 years) •Civic q Religious •Political Party,Ballot Measure,or Campaign Committee 4.What isthe purpose of this event?^on-site consumption •off-site consumption (auction)•both 5.Location of the event:/We ov Tug IrhutfT &it4S fpQMTM)Hills \Jflfc\C0?A QSZLfc Address of physical location (Not P.O.Box)City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer.Director or Chairperson of the Organization named in Question #1.(Signature required in section #18) 6.Applicant:Z IE TE&T MA&G4Q&T Last First Middle Date of Birth 7.Applicant's Mailing Address:PaRUM DrWe VoOtflMd HtUS AZ SSAbt? Street City State Zip 8.Phone Numbers:<4&»S16H639 Site Owner #Applicant's Business #Applicants Home # 9.Date(s)&Hours Of Event:(see A.R.S.4-244(15)and (17)for legal hours of service) Date Day of Week Hours from A.M./P.M.ToA.M./P.M. Day 1:MAfcftVl 13 FeiPAy _JMJl^&L_5'00?M< Day 2:MAECH iM-SAT(;i2.t>AV l/r-Qp Art\>5'0OPM- Day 3:rvlfleCH 15 Sd^PAV \0'<Qo A-M.$'.QD?M- Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Redact RedactRedact Redact 10.Hasthe applicantbeen convictedofa felonyinthe past five years, or had a liquor license revoked? •YES gjNO (attach explanation if yes) 11.This organization has been issued a special event license for O days this year,including this event (not to exceed 10 days per year). 12.Is the organization using the services of a promoter or other person to manage the event?E^YES •NO If yes,attach a copy of the agreement. 13.List allpeopleand organizationswho will receivethe proceeds. Accountfor 100%ofthe proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name k^LUAMlS CuuB £?P 9>i;OSgT fcpuMTfl/K)l-l)l-LS £5 % Percentage Address ftfl-Bfl*H&^b PotfUTAirt Kills 42 35369 Namp Ti-fuMfrgRBiRP Artists Imc.75% Address- *~2>#Police |>£]Fencing -iJL#Security personnel [^Barriers PorcGntsoQ (Attach additional sheet if necessary) 14.Knowledge of Arizona State Liquor Laws Title 4 is important toprevent liquor law violations.If youhave any questions regardingthe lawor this application,please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15.What security and control measures will you take to prevent violations of state liquorlaws at this event? (List type and number ofsecurity/policepersonnel and type offencing or controlbarriers ifapplicable) MISP VePOT\Bs/posse an<l PR0-EM SECoenY PEEsoOOS^ 16.Is there an existing liquor license atthe location where the special event is being held?|~]YES ^NO If yes,does the existing business agree to suspend their liquor license during the time period,and in the area in which the special event license will be in use?Q]YES "g]NO (ATTACH COPY OF AGREEMENT) 1 1 Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell,dispense,or serve spirituous liquors under the provisions of your license.The following page is to be used to prepare a diagram of your special event licensed premises.Please show dimensions,serving areas,fencing,barricades or other control measures and security positions. SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram:(Show dimensions,serving areas,and label type of enclosure and security positions) NOTE:Show nearest cross streets,highway,or road if location doesn't have an address. ////-Pi^rrvTTTs imm AVEHUJE OF THE f OUHTAINI S*\ 3 s a <K"fS==r= THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER.DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18.i tfiatadm 2t'A*rT declare that Iam an Officer/Director/Chairperson appointing the (Print full name) applicant listed in Question 6^to apply on behalf ofthe foregoing organization fora Special Event Liquor License. G^cttiaiia ^js"(2°H (Title/Position)(Date)(Phone #) ruby u.TlttbifiWegoini Notary Public -Arizona <^ Maricopa County My Comm.Expires Apr 28. 201 or\ ment was acknowledged before me this lTk.^C c^Q/'V Month Year My Commission expires on: <yC A.CL '777fi/si>*^ 19. (Date)(Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 I,MA&acftfcET ZlEFBfcT declare that Iam the APPLICANT filing this application as (Print full name) listed in Question 6. I have read the application and the contents and all statements are true,correct and complete. State of A~6*2-y>^^~County of MftZj CGfa^ The foregoing instrument was acknowledged before me this (Stature)CJ \J £-fK Qu AC AOJ<f Day Month Year My commission ^L?Q/7) (D8lR),na Pn.mty (Signature of NOTARY PUBLIC) My Comm.Expires Apr 28. 2017 You must obtaih tetalim^iiinwnntrfinnrflifal mf*tv or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event.Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20.1.hereby recommend this special event application (Government Official)(Title) on behalf of (City, Town or County)(Signature of OFFICIAL)(Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee)(Date) D APPROVED G DISAPPROVED BY: (Title)(Date) Redact TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Supervisor of Recreation,480-816-5135,rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for Son's of Amvets (Don Anderson)for the promotion a fund raiser to be held at Fountain Park,located at 12925 Saguaro Blvd,Fountain Hills,AZ in conjunction with the St.Patrick's Day Celebration,from 10:00am to 6:00 pm on Sunday,March 15, 2015. Applicant:Donald Anderson Applicant Contact Information: Property Location:Fountain Park,12925 N.Saguaro Blvd,Fountian Hills, A Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,and R19-1-309 Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Donald Anderson representing the Sons of AMVETS, for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA IfMultiple Funds utilized,listhere: N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Application; SUGGESTED MOTION (for council use):Move to approve the Special Event Liquor License as presented. Page 1 of 2 Redact Prepared by: Rachael Goodwin,Recreation Supervisor Director's Approval: 3L\^q~^..Mark Mayer,Community Services Director I ?h 1/27/2015 1/27/2015 Approved: 4\e^C^ucS<CUa^u^ Ken Buchanan,Town Manager 1/27/2015 Page 2 of2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO:|as applicable) »Streets Division »Fire Department •Building Division •Community Services Development Services Law Enforcement Licensing DATE:1/13/2015 FR:Rachael Goodwin,RE:Liquor License Application Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staff's recommendation is to deny and/or there are stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization:Son's of Amvets Applicant:Donald Anderson Date(s)of Event:March 15,2015 at Fountain Park,in conjunction with the annual St.Patrick's Day Celebration Date Application Received:10/15/2014 Town Council Agenda Date:2/5/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field *• Community Services Rachael Goodwin rY~ Development Services Bob Rodgers *&$) Fire Department Dave Ott w Law Enforcement Mark Fisher \\yh^ Licensing Sonia Kukkola f- Street Department Ken Kurth *K Attach report for denial or any recommendation requiring stipulations. Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day for 1-10 days (consecutive) A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days priorto the event.If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization:Sa/J'5 fr£f\(^)\/EYS SECTION 2 Non-Profit/IRS Tax Exempt Number:%(o ~*\°\Q IMo* SECTION 3 The organization is a:(check one box only) Bcharitable (501 .C)•Fraternal (must have regular membership and have been in existence for over five (5)years) •Religious •Civic (Rotary,College Scholarship)•Political Party,Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? •Yes BIno Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19-318 for explanation (lookin special event planning guide)and check one of the following boxes. D Place license in non-use •Dispense and serve all spirituous liquors under retailer's license •Dispense and serve all spirituous liquors under special event 0Split premise between special eventand retail location (If not using retail license,submit a letterof agreement from the agent/owner of the licensed premise to suspendthe license during the event.If the specialevent is only using a portion of premise,agent/owner will need to suspendthat portion of the premise.) SECTION 6 What is the purpose of this event?Son-site consumption •Off-site (auction)•Both SECTION 7Iocation of the Event:?6l>ajTA)^Pa£/£^ Address of Location:jiqq.-r AA .5flA-JAvg£foot^ff\i»tii^m?At.VfrX&S Street City County/State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival?DYes 0No SECTION 9 Applicant must be a member ofthe qualifying organization and authorizedbyan Officer,Director or Chairperson ofthe Organization named in Section I.(Authorizing signature is required in Section 13.) 1.Applicant:fltJbfcf^n^C)Dh)PiL-D £&K Last First Middle Date of Birth 2.Applicant's mailing address:(r-/ZAti£>£-fedora,a)J-lj^i /?Z 8S3.&8 Street City State Zip 3.Applicant's home/cell phone:Applicant's business phone:{$[$0)$31 *?937— 4.Applicant's email address: 8/5/14 Page 1of 4 Individuals requiring ADA accommodations call (602)542-9027. Redact Redact Redact Redact SECTION 10 1.Has the applicant been convicted of a felony,or had a liquor license revoked within the last five (5)years? •Yes 13 No (If yes,attach explanation.) 2.How manyspecial event licenseshave been issuedto this location this year?O (The number cannot exceed 12 events per year;exceptions under A.R.S.§4-203.02(D).) 3.Is the organization using the services ofa promoterorother personto manage the event?DYes C3no (If yes,attach a copy of the agreement.) 4.List all people and organizations who will receive the proceeds.Account for 100%of the proceeds.The organization applying must receive 25% of the gross revenues of the special event liquor sales.Attach an additional page if necessary. So a)'J of hfl\\I£T5Name Percentage /£>0 *% Address 1103 0 £jLhr£je.P/Z/<;£foOjJfAiri A/i^S /)7_9^ZCg Street City State Zip Name Percentaae Address Street City State Zip 5.Please read A.R.S.$4-203.02 Special event license:rules and R19-1-205 Requirements for a Special Event License. Note:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEYARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6.What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) (p Number of Police G Number of Security Personnel ^Fencing •Barriers Explanation:)b's LJ*±c AC Cl4&£*£&A<1 fror^*.£-[/£,£¥OaJ£.6\JZ£- 2J L±UJ=&&-^a/uPjZS).AJn ptirnttK//,)//l/.ftz.P£.&Mt<r<r.A SECTION 11 Date(s)and Hoursof Event. May not exceed 10 consecutive days. See A.R.S.§4-244(15)and (17)for legal hours of service. r»~»«rk «i.i i Event StartDateDayofWeek 8/5/14 DAY1 DAY 2 DAY 3 DAY 4 DAY 5 DAY 6 DAY 7 DAY 8 DAY 9 DAY 10 3,Ar//.r 3i)/jQAy Time AM/PM Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. License End Time AM/PM f»PM SECTION 13 This section is to be completed only by an Officer,Director or Chairperson of the organization named in Section 1. I.declare that I am an OFFICER, DIRECTOR,or CHAIRPERSON (Print full name) appointing the applicant listed in Section 9, to apply on behalf of the foregoing organization fora Special Event Liquor License. (Signature)Title/Position The foregoing instrument was acknowledged before me this State County of My Commission Expires on: Day Date Month Date Signature of Notary Public Phone # Year SECTION 14 This section is to be completed only by the applicant named in Section 9. I,UO/JAL&&£JL \Ak)fo'£lZ$0/J declare that Iam the APPLICANT filing this application as (Print full name) listed in Section 9. I have read the application and the contents and all statements are true,correct and complete. (Signature)Title/Position Date /Phone # Theforegoing instrumentwas acknowledged before me this 7SZ Day State ftviZoua County of JACLV^L CofP& •»+*.,£ My Commission Expires on: QsM£>^V Month rjL^l-iA--fv LAURA M.KRAJEWSKI Notary Public - Arizona Maricopa County My Comm.expires Apr 23, 2016 Signature of Notary Public ap/f Year £llL The local governing body m<y^JUfUlW mMliwiu*jp|ji-.<rfi_»j^;>e completed and submitted.Please check with ocai government as to how far in advance they require these applications to be submitted.Additional licensing fees mav also be required before approval may be granted.For more information,please contact your local jurisdiction:http://www.azliquor.gov/assets/documents/homepaqe docs/spec event links.pdf. SECTION 15 Local Governina Bodv Approval Section L recommend ^APPROVAL •DISAPPROVAL (government official)(Title) on behalf of (City,Town,County)Signature Date Phone •approval • FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY DISAPPROVAL BY:DATE: 8/5/14 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. Redact TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Supervisor of Recreation,480-816-5135,rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Schmitz)for the promotion a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive,Fountain Hills, AZ in conjunction with the Fountain Hills Great Fair, from 10:00am to 10:00 pm daily, from Friday,February 20 through Sunday,February 22, 2015. Applicant:Robert Schmitz Applicant Contact Information: Property Location:16837 Parkview Drive,Fountain Hills, AZ Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,and R19-1-309 Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Robert Schmitz representing the American Legion Post 58, for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA IfMultiple Funds utilized,listhere: N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Application; SUGGESTED MOTION (for Council use):Move to approve the Special Event Liquor License as presented. Page 1 of 2 Redact Prepared by: V27/2/15Rachad,Gfoodvton,Recreation Supervisor Director's Approval: W..Q,C tV ...=^.Mark Mayer,CommunityServices Director y 1727/2015 pproved:^>^^-> en Buchanan,Town Manager 1; Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO:(as applicable)DATE:1/12/2015 »Streets Division Fire Department Building Division Community Services Development Services Law Enforcement Licensing FR:Rachael Goodwin,RE:Liquor License Application Recreation Supervisor Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staff's recommendation isto deny and/or there are stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization:American Legion Post 58 Applicant:Robert Schmitz Date(s)of Event:Feb 20, 21,and 22,2015-16837 Parkview Ave, in conjunction with the Fountain Hills Great Fair. Date Application Received:01/12/2015 Town Council Agenda Date:2/5/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field % Community Services Rachael Goodwin X Development Services Bob Rodgers <gp Fire Department Dave Ott $h y Law Enforcement Mark Fisher ft 1 Pf 1 / Licensing Sonia Kukkola % Street Department Ken Kurth «< Attach report for denial or any recommendation requiring stipulations. 01-12-15 AG9:42 IN Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 FOR DLLC USE ONLY Event date(s): Event time start/end: APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day for 1-10 days (consecutive) A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§44-6852) IMPORTANT INFORMATION:This document must be fullv completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10)business days prior to the event.If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license,this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). SECTION 1 Name of Organization:American Legion Post 58 SECTION 2 Non-Profit/IRS Tax Exempt Number:56 2339744 SECTION 3 The organization is a:(check one box only) Bcharitable (501 .C)DFraternal (must have regular membership and have been in existence for over five (5)years) DReligious Dcivic (Rotary,College Scholarship)•Political Party,Ballot Measure orCampaign Committee SECTION4 Will this event be held on a currently licensed premise and within the already approved premises? HYes Dno American Legion Post 58 14073026 480 837-5958 Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19-318 for explanation (look in special event planning guide)and check one of the following boxes. HPIace license in non-use DDispenseand serve ail spirituous liquors under retailer's license BDispenseand serve all spirituous liquors underspecialevent Dsplit premise between specialevent and retail location (If not using retail license,submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event.If the special event isonly using a portion of premise,agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of this event?HOn-site consumption Dotf-site (auction)DBoth SECTION 7 Location of the Event:American Legion Post 58 AddreSS Of Location:16837 Parkview Ave Fountain Hills,Maricopa County,AZ 85268 Street City County/State Zip SECTION 8 Will this be stacked witha wine festival/craft distiller festival?•Yes H No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1 Applicant:Schmitz,Robert D. Last First Middle Date of Birth 2.Applicant's mailing address:La Pasada PR,Fountain Hills AZ 85268 Street City State Zip 3.Applicant's home/cell phone:Applicant's business phone:(i!£j 837-5958 4.Applicant's email address: 10/17/14 Page lot 4 Individuals requiring ADA accommodations call (602)542-9027. Redact Redact Redact Redact SECTION 10 1. Has the applicant been convicted of a felony,or had a liquor license revoked within the last five (5)years? DYes HNo (If yes.attach explanation.) 2.How many special event licenses havebeen issued to this location this year?"*°''e (The number cannot exceed 12 events per year;exceptions under A.R.S.§4-203.02(D).) 3.Is the organization using the services ofa promoter orother person to manage the event?DYes BNo (If yes.attach a copy of the agreement.) 4.List all people and organizations who will receive the proceeds.Account for 100% of the proceeds.The organization applying must receive 25% of the gross revenues of the special event liquor sales.Attach an additional page if necessary. Name American Legion Post 58 Percentage 100% Address 16837 Parkview Ave,Fountain Hills,AZ 85268 Street City State Zip Name Percentage Address Street City State Zip 5.Please read A.R.S.§4-203.02 Special event license; rules and R19-1-205 Requirements fora Special EventLicense. Note:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAF DISTILLERY FESTIVAL LICENSE" 6.What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) 36NumberofPolice Number of Security Personnel DFencing DBarriers Explanation:'Property is a building with a walled in patio with two doors and two gates. All exits will have our volunteer members on 3 hour shifts at each exit. SECTION 11 Dat See DAY1 DAY 2 DAY 3 DAY 4 e(s)and Hoursof Event. May not exceed 10 consecutive days. A.R.S.§4-244(15)and (17)for legal hours of service. ^_a i>.,.,,Event StartDateDayofWeekTimeAM/PM 2/20/2015 Friday 10:00am 2/21/2015 Saturday 10:00am 2/22/2015 Sunday 10:00am License End Time AM/PM 10:00pm 10:00pm 10:00pm DAY 5 DAY 6 DAY 7 DAY 8 DAY 9 DAY 10 10/17/14 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 13 This section is to be completed only by an Officer,Director or Chairperson of the organization named in Section 1. 5p*£^£T V 5g,<Av^ore declare that I am an OFFICER,DIRECTOR,or CHAIRPERSON (Print full name) appointing the applicant listed in Section 9, to apply on behalf of the foregoing organization for a Special Event SffiCLtt-l-ld-ZblZ (Signature Title/Position Date Phone II The foregoing instrument was acknowledged before me this jU i^J&DSJjQJO^-^D\j faybVlAJ County of ^dviCDp^State My Commission Expires on:V^ SECTION 14 This section is to be completed only by the applicant named in Section 9. ,Robert Dale Schmitz 5 ^"-SPm.eS^SS '"Hutu** declare that I am the APPLICANT filing this application as (Print full name) listed in Section 9.I have read the application and the contents and all statements are true,correct and r -{ Title/Position Date(Signature)Title/ Position The foregoing instrument was acknowledged before me this Phone II State Prt\MlW\County of ^(XA\C_C)^ My Commission Expires on:12JM|z/M I ate l&L Day hwo-ni 201^"i. Month \4*'-^'^<?The local governing body may require additional applications tobe completed and submitteay^f^g^clcj^cj^/ith local government as to how far in advance they require these applications to be submitted.AcfaWionaililfcensing fees may also be required before approval may be granted.For more information,please contact your local jurisdiction:http://www.azliauor.aov/assets/documents/homepaqe docs/spec event links.pdf. SECTION 15 Local Governinq Body Approval Section 1.recommend DaPPROVAL •DISAPPROVAL (government official)(Title) on behalf of (City.Town,County)Signature Date Phone DAPPROVAL a FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY DISAPPROVAL BY:DATE: 10/17/14 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed withthis application) Special Event Diagram:(Show dimensions,serving areas,and label type of enclosure and security positions) NOTE:Show nearestcrossstreets,highway,orroadif location doesn'thavean address. r Nt Parkview Avenue \\\parkipg\x Fire Lane \\J \\\Wlhg \ \ \{^ Car Wash () Parking American Legion Banquet Room Bar American Legion Lounge Patio Band Pit D C Fire Lane ZZ>C Green Elements Interior Motives <y Open Space American Legion Post 58 16837 E Parkview Dr Fountain Hills, AZ 85268 January 09,2014 American Legion Post 58 in Fountain Hills AZ agrees to suspend the existing liquor license and use the special event liquor license during the following dates: Feb 21,2014 Feb 22,2014 Feb 23,2014 Sincerely Robert D Schmitz TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Supervisor of Recreation,480-816-5135,rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Phil Yin) for the promotion of a fund raiser to be held at Saguaro Blvd and Ave.of the Fountains,Fountain Flills, AZ in conjunction with the Fountain Hills Great Fair, from 9:00am to 10:00 pm daily, Friday,February 20, and Saturday,February 21 and 10:00am-10:00pm Sunday, February 22, 2015 Applicant:Phil Yin Applicant Contact Information:480-845-4083 Property Location:Saguaro Blvd and Avenue of the Fountains,Fountian Hills,Arizona Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,and R19-1 -309 Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Phil Yin representing the VFW Post #7507,for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,listhere: N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Application; SUGGESTED MOTION (for council use):Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: 7 1/27/20'Rachael Goodwin/Rfecreation Supervisor 7 1/27/2015 Director's Approval: p^&.r.. Mark Mayer,Community Services Director Y 1/27/2015 ppcpved:,—.Approved: JL Ken Buchanan,Town Manager 1/27/2015 Page 2 of 2 TO:(as applicable) •Streets Division • Fire Department •Building Division •Community Services •Development Services •Law Enforcement •Licensing FR:Rachael Goodwin, Recreation Supervisor TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO DATE:1/13/2015 RE:Liquor License Application Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staffs recommendation for approval (with or without stipulations)or denial. Ifstaff's recommendation isto deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization:Veterans of Foreign Wars,Post #7507 Applicant:Phil Yin Date(s)of Event:Feb 20-22, 2015 at Saguaro Blvd and Ave. of the Fountains,in conjunction with the Art Festival Date Application Received:09/22/14 Town Council Agenda Date:2/5/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field J* Community Services Rachael Goodwin X Development Services Bob Rodgers -&0 Fire Department Dave Ott /Jy Law Enforcement Mark Fisher {Vr Licensing Sonia Kukkola Jt Street Department Ken Kurth **: Attach report for denial or any recommendation requiring stipulations. -••2-09-M P ::'J6 fN ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 W Washington 5th Floor Phoenix,Arizona 85007-2934 (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§44-6852) NOTE:THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. "Application must be approved by local government before submission to Department of Liquor Licenses and Control.(Section #20) 1. Name ofOrganization: veteransof foreignwars,post «7so7 2. Non-Profit/I.R.S. Tax Exempt Number:soi(C)(i9)idno.74-2514547 DLLC USE ONLY LICENSE it 3. The organization is a:(check one box only) •Charitable [7]Fraternal (must have regular membership and in existence for over 5 years) D C'v'c D Religious •Political Party,Ballot Measure,or Campaign Committee 4.What is the purpose ofthis event?0 on-site consumption •off-site consumption (auction)Q both FUNDRAISER 5.Location of the event:saguaro blvd.&avenue of the fountains fountain hills maricopa 85268 Address of physical location(Not P.O. Box)City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer,Director or Chairperson of the Organization named in Question #1.(Signature required in section #18) 6.Applicant:™™ Last First 7.Applicant's Mailing Address:14219 n Desert Flower Dr Street 8.Phone Numbers: ( «o )845-4083 Site Owner #Applicant's Business # 9.Date(s)&Hours Of Event:(see A.R.S.4-244(15)and (17)for legal hours of service) /602 \ Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7: Day 8 Day 9 Day 10: September 2011 Date February 20,2015 Day of Week Friday February 21,2015 Saturday February 22,2015 Sunday Middle Fountain Hills City 614-3033 Hours from A. 9:00 a.m. 9:00 a.m. 10:00 a.m. AZ Slalt) Y flH222&ttl Date of Birth 85268 Zip Appiicantjs Home# ./P.M.TOA.M./P.M. 10:00 p.m. 10:00 p.m. 10:00 p.m. *Disabled individuals requiring special accommodations,please call (602) 542-9027 10.Has the applicant been convicted ofa felonyinthe past five years, or had a liquorlicense revoked? •YES [3 NO (attach explanation if yes) 11.This organization hasbeen issued a special event license for J days this year,including this event (not to exceed 10 days per year). 12.Is the organization using the services ofa promoter or other person tomanagetheevent?•YES \7\NO If yes,attach a copy of the agreement. 13.List allpeople and organizations who will receive the proceeds. Accountfor 100%ofthe proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name veterans of foreign wars,post #7507 100% Percentage Address pa B0X20677'F0UNTAIN HILLS-AZ85269 Name Percentage Add ress-•• (Attach additional sheet if necessary) 14.Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations.If youhave any questions regarding the law orthis application,please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALLALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15.What security and control measures will you taketo prevent violations ofstate liquor laws at thisevent? (List typeand number of security/police personnel and typeof fencing or control barriers ifapplicable) #Police [7]Fencing #Security personnel •Barriers 16.Is there an existing liquor license at the location where the special event is being held?•YES [7]NO If yes,does the existing businessagree tosuspend their liquor license during the time period,and in the area in which the special event license will be in use?•YES •NO (ATTACH COPY OF AGREEMENT) Name of Business Phone Number 17.Your licensed premises is that area in which you are authorized to sell,dispense, or serve spirituous liquors under the provisions of your license.The following pageistobe usedto prepare a diagram of your special event licensed premises.Please show dimensions,serving areas,fencing,barricades or other control measures and security positions. (This diagrams must s©cowptetad *?iih «vte applfeatfenV and !«be{type cf enaoaire and secu.%pcsfcn*)$o«*i£wrtDiagram:(Shewdlmensbns,stfvmg»»»««««SETZSSm 1 N«J p«RK«w*ce pjc SHSA&VD fountain pari ftMMwe ACSwtrr mt, StXOBHUS GXDOI fttt»2.I*** -Tft t»u* Nt MIAUL o o o o z HI X o a T3 PD 10' BEER TRUCK Bike Lane RAFFLE ws m WT FOOD ST WT BOOZE ST ST ST 3 c n n 2 Traffic Lanes -3 9/1" Drawing Scale 1/8 In =1 Foot BG Lenth=200' Front of Beer Trk to Front of UHAUL Trk=90'+/- ST =Serving Table WT=Work Table CT=Condiment Table WS=Wash Station S )=Security |PD|=Power Drop Left Turn Lane I <&19"te- IT LU Median 18. THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER.DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 PHIL YIN declare that I am an Officer/Director/Chairperson appointing the (Print full name) applicanJJisted.jft-Question 6,to apply on behalf of the foregoing organization for a Special Eventliquar License. ALANIDA COZEN§at( NOTARY PUBLIC -ARIZONA MARICOPA COUNTY My Commission Expires April 17,2018 Of COMMANDER (Title/Position) .County of *•***>"*IffY The foregoing instrument was acknowledged before me this Day/7 Month Year My Commission expires on:Ciy?/'///7.^^f {Dale)(Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19.I PHIL YIN declare that I am the APPLICANT filingthis application as (Print full name) listed in Question 6.I have read the application and the contents and all statements are true,correct and complete. State of kvT -il> The foregoing /r i^Bf^fem^be^^^Jftiii' MARICOPA COUNTY,/^y^gp^fion Expires?-^/^/ Month April 17,2018 Year CO&ENSjo My commission expires on:&/?£•/'J 7 J?/P/s (Date) Day |-Month ftpnn/.anH (Signature of NOTARY PUBLIC^ You must obtain local government approval.City or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event.Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20.I hereby recommend this special event application (Government Official)(Title) on behalf of (City, Town or County)(Signature of OFFICIAL)(Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee)(Date) G APPROVED •DISAPPROVED BY: (Title)(Date) TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Supervisor of Recreation,480-816-5135,rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars Post #7507 (Phil Yin)for the promotion of a fund raiser to be held at Verde River Dr,Fountain Hills,AZ in conjunction with the Fountain Hills Great Fair,from 9:00am to 10:00 pm daily, Friday,February 20, and Saturday,February 21 and 10:00am-10:00pm Sunday,February 22, 2015 Applicant:Phil Yin Applicant Contact Information:480-845-4083 Property Location:Saguaro Blvd and Avenue of the Fountains,Fountian Hills,Arizona Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,andR19-1-309 Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Phil Yin representing the VFW Post #7507,for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,listhere: N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Application; SUGGESTED MOTION (for council use):Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Rachael Goodwin,Recreation Supervisor Director's Approval: Mark Mayer,Community Services Director Approved:pproved:^ •Kb*.Qu*U Ken Buchanan,Town Manager 1/27/2015 1/27/2015 Page 2 of2 TO:(as applicable) •Streets Division • Fire Department •Building Division •Community Services •Development Services •Law Enforcement •Licensing FR:Rachael Goodwin, Recreation Supervisor TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO DATE:1/13/2015 RE:Liquor License Application Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staffs recommendation isto deny and/or there are stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization:Veterans of Foreign Wars,Post #7507 Applicant:Phil Yin Date(s)of Event:Feb 20-22, 2015 at Verde River Dr, in conjunction with the Art Festival Date Application Received:09/22/14 Town Council Agenda Date:2/5/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field X Community Services Rachael Goodwin X Development Services Bob Rodgers X Fire Department Dave Ott X Law Enforcement Mark Fisher X Licensing Sonia Kukkola X Street Department Ken Kurth X Attach report for denial or any recommendation requiring stipulations. 01-20-1b A08:58 IN ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 800 W Washington 5th Floor Phoenix,Arizona 85007-2934 (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee =$25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) NOTE:THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR PROCESSING. "Application must be approved by local government before submission to Department of Liquor Licenses and Control.(Section #20) 1.Name of Organization:veterans of foreign wars,post #7507 DLLC USE ONLY LICENSE # 2.Non-Profit/I.R.S.Tax Exempt Number:soi(C)<i9)idno.74-2514547 3. The organization is a: (check one box only) •Charitable [7]Fraternal (must have regular membership and in existence for over 5 years) •Civic []Religious •Political Party,Ballot Measure,or Campaign Committee 4.What is the purpose of this event?0 on-site consumption •off-site consumption (auction)•both FUNDRAISER 5.Location of the event:verde river drive (mini beer garden)fountain hills maricqpa es268 Address of physical location (Not P.O.Box)City County Zip Applicant must be a member of the Qualifying organization and authorized bv an Officer,Director or Chairperson of the Organization named in Question #1.(Signature required in section #18) 6.Applicant:™™ Last First Middle Date of Birth 7.Applicant's Mailing Address:14219 NDesert Flower Dr Fountain Hills AZ 85268 Street City State Zip 8. Phone Numbers: (<» )845^083 («» ) September 2011 614-3033 Site Owner#Applicant'sBusiness #Applicant'sHome# Date(s)&Hours of Event: (see A.R.S.4-244(15)and (17)for legal hours ofservice) Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1:February 20,2015 Friday 9:00 a.m.10:00 p.m. Day 2:February 21,2015 Saturday 9:00 a.m.10:00 p.m. Day 3:February 22,2015 Sunday 10:00 a.m.10:00 p.m. Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: 'Disabled individuals requiring special accommodations,please call (602) 542-9027 10.Has the applicant been convicted ofa felony inthe past fiveyears, or had a liquorlicense revoked? •YES [7)NO (attach explanation ifyes) 11.This organization hasbeen issued a special event license fori days this year,including this event (not to exceed 10 days per year). 12.Isthe organization using the services ofa promoter or other person tomanagetheevent?•YES [7]NO If yes,attach a copy of the agreement. 13.Listall people and organizations who will receive the proceeds.Account for 100%of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25%OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name veterans of foreign wars,post #7507 100% Percentage Address P.O.BOX 20677,FOUNTAIN HILLS,AZ 85269 Name Percentage Address (Attach additional sheet if necessary) 14. Knowledge ofArizona State Liquor Laws Title4 is important to prevent liquorlaw violations. Ifyou have any questions regarding the law or this application,please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15.What security and control measures will you take to prevent violations of state liquor laws at this event? (Listtype and number of security/police personnel and type of fencing or control barriers if applicable) #Police [7]Fencing #Security personnel Q Barriers 16.Istherean existing liquor license atthe location where the special eventis being held?•YES [7]NO Ifyes,does the existing business agree to suspend their liquorlicense during the time period,and in thearea in which the special event license will be in use?O YES Q NO (ATTACH COPY OF AGREEMENT) ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell,dispense,or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises.Please show dimensions,serving areas,fencing,barricades or other control measures and security positions. N VerdeRiver Dr -Google Maps 1 ofl U V«ffl«Rrvw Df Trattc •Tr»r.trt•B»eyc:ins •Terrain•Swicti ne*rty tmma*fm*i$ m 3 •" focrtjmma „ https://www.google.com/maps/place/N+Verde+River+Dr,+Jt-"ountain+H. #'"f«*«fe"ft Ss«rtfcTcsc -,."• p.--.-,c.'•-.,- 10/3/2014 1:29 PM DiagramofMiniBeerGardenSetUpEntranceandSecurityAFencing/BarrierNorthChairsandtables.BeerTruckortrailer. THIS SECTION TOBE COMPLETED ONLY BY AN OFFICER,DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 PHIL YIN (Print full name) ^PB^ntlistedjn Question 6jo apply on behalf of the foregoing organization for a Special Event Liquor License declarethatIam an Officer/Director/Chairperson appointing the -x- COMMANDER /(Dati) aLAN^A COZENSgjlg NOTATiYPUBLIC ARIZONA MARICOPA COUNTY My Commission Expires April 17, 201B Of (Title/Position)(Phone ii) County of &h&&&%£. My Commission expires on:Am •2M£ The foregoinginstrumentwas acknowledged before me this Day Month ' Year 19. (Date)(Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 I declare that Iamthe APPLICANT filing this application as (Print full name) listed in Question 6.I have read the application and the contents and all statements are true correct and complete ,-Afafl^ACbZENS'fflWRY PjJBLIC -ARIZONA /MARICOPA COUNTY /My Commission Expires • |L-tf^T April 17,2018. / (Date) State of '7 2i>/)r /^/-^-wW Day County of The foregoing instrumentwas acknowledged before me this /9*»•^c*gs^ Month / £&£*^ '/•J •/£/-£>/*&_ J-/-;/c Year (Signature of NOTARY PUBLIC) You must obtain local government approval.City or County MUST recommend event and complete item #20. The local governing body may require additional applications to be completed and submitted 60 days in advance of the event. Additionallicensing fees may also be reguired before approval may be granted. 20. LOCAL GOVERNING BODY APPROVAL SECTION hereby recommend this special event application (Government Official)(Title) on behalf of (City,Town or County)(Signature of OFFICIAL)(Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee)(Date) U APPROVED U DISAPPROVED BY: JTitlel [Pate) / TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Mike Fenzel,Events and Operations Supervisor,(480)816-5116,mfenzel@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Community Theater (Val Stasik)fundraising dinner and entertainment to be held in the Grand Ballroom of the Fountain Hills Community Center,13001 N. La Montana Drive,Fountain Hills, AZ from 5:30 PM to 10:00 PM on Sunday,March 29, 2015. Applicant:Val Stasik,Fountain Hills Community Theater Applicant Contact Information: Property Location:Fountain Hills Community Center,13001 N. La Montana Drive,Fountain Hills,AZ Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-261 and R19-1-228,R19-1-235,and R19-1-309,Community Center Operating Policy (Section 15-G). Staff Summary (background):The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Val Stasik,representing the Fountain Hills Community Theater,for submission to the Arizona Department of Liquor.Security will be provided for the duration of the event through MCSO per Community Center operating policy (Section 16-E). Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,list here:N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Application SUGGESTED MOTION (for council use):Move to approve the Consent Agenda. Page 1 of 2 Redact i • / Prepared by; Director's Approval: lU^JO,O Mark Mayer,Community Services Director 1/12/2015 Approved:^-n Ken Buchanan,Town Manager Mitse Fenzel,Events ^TOperatjpffs;Su^visor 1/12/2015 < 1/12/2015 Page 2 of 2 TOWN OF FOUNTAIN HILLS COMMUNITY SERVICES DEPARTMENT INTER OFFICE MEMO TO:(as applicable)DATE: 1.Streets Division January 22.2015 2. Fire Department 3.Building Division 4.Community Services 5.Development Services 6.Law Enforcement 7.Licensing . FR:Mike Fenzel,Events and Operations Supervisor RE:Special Event Liquor License Application Attached is a Special Event Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staffs recommendation isto deny and/or there are stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization:Fountain Hills Community Theater Applicant:ValStasik Date(s)of Event:Sunday,March 29_ Date Application Received:1/8/15 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Building Safety "A'^vv ^tgl/n, Community Services KU-Ti*.-i*( Development Services ^^2^1FireDepartment Town Council Agenda Date:2/5/15 Approved Denied ^• &• w • •u &7/^&. U -r\^^^^jxcb'^~^Law Enforcement • .jtL^yjjb--Licensing &• Street Department -g^^z^<*^L»/&<£•*-»JSL • • • • • • p£ • Attach report for denial or any recommendation requiring stipulations. Arizona Department of Liquor Licen9esand Control 800 W Washington 5th Roor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee=$25.00 per day for 1-10 days (consecutive) A service fee of $25.00 will be charged for all dishonored checks (A.R.S. §44-6852) IMFORIANTINFOFMATION:This document must be fully completed or it will be returned. Ihe Department of Liquor Licenses and Control must receive this application ten (10)business days priorto the event ifthe special event will be held at a location without a perma nent liquorlicense orifthe event will be on any portionof a location that is not covered by the existing liquorlicense, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). «^™m < m *^ •*•Fountain Hills Theater,Inc.SECTION 1 Name of Organization:!___ 74-2519451 ~~SECTION 2 Non-Profit/IRSTaxB<empt Number: SECTION 3 "Ihe organization isa:(checkone boxonly) Hcharitable (501.C)DFratemal (must have regular membership and have been in existence foroverfive (5)years) DReligious Dcivic (Rotary,College Scholarship)•Political Party,Ballot Measure orCampaign Committee SECTION 4 Will thisevent be held on a currently licensed premiseand within the already approved premises? DYes Hno Name of Business 1.Applicant: License Number Phone (include Area Code) SBCT10N5 How is this special event going to conduct all dispensing,serving,and selling of spirituous liquors? Please read R-19-318 for explanation (look in specialevent planning guide) and check one ofthe following boxes DPIace license innon-use DDispense and serve all spirituous liquors under retailer's license •Dispense and serve allspirituousliquorsunder special event DSplit premise between special eventand retail location (If not using retail license,submit a letterofagreement from the agent/owner ofthe licensed premise to suspend the license during the event.If the special event isonly using a portion of premise,agent/owner will need to suspend that portion of the premise.) _____What isthe purpose of thisevent?Bon-site consumption Doff-site (auction)•Both a--^,. ,.,.._ 4 FH Community CenterSBCT1QN7LocationoftheB/ent:J _ _ Addressof Location:l30QI N-La Montana Dr.Fountain Hills,Maricopa,85268 Street City County/Sate Zp ______Will thisbe stacked witha wine festival/era ft distiller festival?DYes Eno SECTION 9 Applicant must be a member ofthe qualifying organization and authorized by an Officer,Directoror Chairperson ofthe Organization named in Section 1.(Authorizing signature isrequired in Section 13.) Stasik,Valerie Ann Last First Middle PO Box 18312 Fountain Hills, AZ 85269 Date of Brth 2.Applicant'smailing address Sreet o a p *.i, i ..u3.Apphcantshome/cell phone: 4.Applicant'semail address: City Sate Zp a ,•♦•k • u ,48(v 837-9661Applicantsbugnessphone:( ) Redact Redact Redact SECTION 10 I.Hasthe applicant been convicted of a felony,or had a liquor license revoked within the last five (5)years? DYes iNo (If yes,attach explanation.) 2. How many special event licenseshave been issued to this location this year? (The numbercannot exceed 12eventsperyear;exceptionsunderA.RS§4-203.02(D).) 3.Isthe organization using the services of a promoter orother person to manage the event?DYes BNo (If yes,attach a copy of the agreement.) 4.List all people and organizattons who will receive the proceeds Account for 100%of the proceeds The organization applying must receive 25%of the gross revenues of the special event liquor sales Attach an additional page if necessary. Name Fountain Hills Theater,Inc.Percentage 100% Address po Box 18312,Fountain Hills,AZ 85269 Sreet Name City Percentage Sate 2P Address Sreet City Sate Zp 5.Please read A.R.S §4-203.02 Special event license;rulesand R19-1-205 Fteauirementsfora Special B/ent License. Note:ALLALCOHOUC BEVERAGESALESMUSTBEFORCONSUMPTION ATTHEEVENTSHEONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPEC lALEVENTUNLESSTHEY ARE IN AUCTION SEALED CONTAINERS ORTHESPEClALEVENTUCENSEISSTACKEOWmWINE/r^LICENSE" 6.What type of security and control measureswiil you take to prevent violations of liquor lawsat thisevent? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) 1 1 Numberof Police Number of Security Personnel •Fencing DBarriers Explanation: FH Community Center is owned and operated by the Town of Fountain Hills and the Theater will abide by all regulations set forth by the Town.The Theater will also have personnel in the area. SECTION 11 Date(s)and Hoursof Event.May not exceed 10 consecutive days See A.RS §4-244(15)and (17) for legal hoursof service. n *»»#..Event StartDayofWeek__•» DAY1 Date 03/29/15 DAY 2 DAY 3 DAY 4 DAY 5 DAY 6 DAY 7 DAY 8 DAY 9 DAY 10 10/17/14 Sunday 5:30 PM Page 2 of 4 Individuals requiring ADA accommodattonscall (602)542-9027. License Bid Time AM/PM 10:00 PM SPECIALEVENTLICENSEDPREMISESDIAGRAM(Thisdiagrammustbecompletedwiththisapplication)SpecialEvent Diagram: (Showdimensions,servingareas,andlabel type ofenclosureandsecuritypositions)NOTE:Shownearestcrossstreets,highway,orroadiflocationdoesn'thaveanaddress.Nf•Oatca—>>Pan****aSer.tr.r?ielyr.'c.i.DUeeiir.gRoom?IIHOP)Udtipgpxn/\^y%F.UAU<-1-.gRemrIr-3??•Ser>rServiCMOffiea„-ArtPcaro"lovcpjiUeetir-gRocnPsljConcertr»ceRWfln.„.i--.-j.UcirEftrcnce&M.SRflf-i*Cer:e-••.:'dAreaGatedPoffcSrgCCUVUMiTVCENTERRPLAN(' SECTION 13 "Thissection isto be completed only by an Officer,Director or Chairperson of the organization named in Section 1. \fflL£&[£STftsik declare that lam an OFFICER,DIRECTOR,or CHAIRPERSON (Print full name) appointing the applicant listed in Section 9, to apply on behalf of the foregoing organization fora fecial Event Liquor License. (9g nature)Title/Position Date Phone # The foregoing instrument wasacknowledged before me this 2.JPr/J So/S State /WiIva/Pi County of MMzt d^fifit Day Month Year JUANITALBLOSE Notary Pubic-State ofArizona MARICOPA COUNTY My Commission Expires October20t2018MyCommissionExpireson:/&/£0/ckD /o MU*L*M4U £2^ Date Sgnature of Notar TTOUP SECTION 14Thissection isto be completed only by the applicant named in Saction 9. I,VflU£ftl£'t5-Ms/[< complete X declare that I am the APPLICANT filing this application as (Print full name) listed in Action 9. I have read the application and the contents and all statements are true,correct and lete. £W -"Difecfvi A g^/£fco^&L -L ex 06 (Sgnature)Title/Position Date The foregoing instrument wasacknowledged before me this t CTA/O Day Month State /kfZOAJA Countyof /n/bZlCdPA My Commission Exp ires on:fol&dl&D/B 'Date ofayMC^i r^es Sgnature of Notary kjdic Phone # Year JUANITAL BLOSE Notary Public -StateofArizona MARICOPA COUNTY MyCommission Expiree October 20,2018 The local governing body may require additional applicationsto be completed and submitted.Rease check with local government asto how far in advance they require these applicationsto be submitted.Additional licena'ng fees may also be required before approval may be granted.For more information,please contact your local jurisdiction:http://www.azliquor.qov/assets/documents/homepaqe docs/spec event links.pdf. SECTION 15 Local Govemino Bodv Approva I, Section recommend DaPPROVAL •DISAPPROVAL (government official) on behalf of , (Title) (City, Town,County)Sgnature Date Phone Dapproval • PORDEPARTMENTOFUQUOR UCENSESAND CONTROL USE ONLY DISAPPROVAL BY:DATE Redact Contract Contract https://activenct022.active.com/townfh/servlet/PermitDetail.sdi?id=115. 1 of 3 Contract Contract Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills, AZ 85268 Phone:(480)816-5100 FAX:(480)837-3145 Email:customerservicereps@fh.az.gov Help Contract #1153,Approved May 30,2014 1:33 PM Company:Fountain Hills Community Thea PO Box 18312 Fountain Hills, AZ 85269 Agent:Val Stasik Email: Customer Type:Organizations Prepared By:Michael Fenzel Permit Administrator: Secondary:Primary:(480)837-8194 Charges Taxes Discounts Total Charges Deposits Deposit Taxes Total Payments Refunds Balance $2,270.00 $79.07 $0 $2,349.07 $0 $0 $0 $0 $2,349.07 •RESERVATIONS Event Broadway in the Hills Type: CC General Rental Attend/Qty:300 Resource Grand Ballroom and Lobby Center Community Center 13001 N.La Montana Dr. Fountain Hills, AZ 85268 (480)816-5200 Days Requested Day Date Event Begins r.Event Duration _ . Ends Sunday Mar 29,2015 7:00 AM 17 hours Mar 30,2015 at 12:00 AM Summary Notes Total Number of Dates:1 — Total Time:17 hours ^RESERVATIONS Event Resource Center Broadway in the Hills Type:CC General Rental Attend/Qty:0 Days Requested Day Date Sunday Mar 29,2015 Summary Total Number of Dates:1 Total Time:8 hours Yavapai Room Community Center 13001 N.La Montana Dr. Fountain Hills, AZ 85268 (480)816-5200 Event Ends Mar 29,2015 at 11:00 PM Notes Event Begins 3:00 PM Duration 8 hours Notes Notes 6/3/2014 11:45 AM Redact Redact Contract Contract https://activenet022.active.com/townfh/servlet/PermitDetail.sdi?id=l 15. CANCELLATION:Refunds are based on the following:Ballroom Rentals - One-half ofballroomrental fees are non-refundable.Ifless than 120 days notice,all fees are forfeited.All OtherRooms-Full refund 60days prior to event date; One-half refund 30-59days priorto the event; no refund ifless than 30 days priortothe event. Ifany roomis booked within the periodoftime duringwhichno refundwouldotherwise be allowed(120 days fora ballroom, 30 days for all other rooms), any cancellation will result in forfeiture of the entire rental amount. DAMAGE DEPOSIT:A damage deposit of FiftyDollars ($50.00)per ballroom is required for ballroom rentals. Amount of refund will be determined by Center Supervisor or designee upon inspection of the Center immediately following the event. Ifno damage isfound,the damage deposit will be appliedto any outstanding charges for rental,equipment or services.Refund, ifany,will be returned by mail to the LICENSEE. EVENT CLEAN UP: Itis the responsibilityofthe LICENSEEto return their rental space(s)to the conditionitwas prior to their event.Refer to the Polices and Procedures Manual for complete details. ALCOHOLIC BEVERAGES:Alcoholic beverage service may be provided by the vendor of your choice,subject to Center staff approval.The liquor provider will have to be licensed through the State of Arizona Liquor Board and have a current Town of Fountain Hills business license.An alcohol permit must be purchased in order to serve any type of alcoholic beverage.Application and fee are required to be submitted to Center staff no later than 30 days prior to event date.Proof of licenses and insurance will be required. SECURITY:Uniformed security is required at liquor events.The Town will arrange for security.LICENSEE will pay security provider the current rate of liquor service (four (4)hour minimum). Officers are required to be on site at the time liquor service begins until one hour after the liquor service ends.Payment is required to Center staff in cash no later than fourteen days prior to the event date.Liquor service will not take place if payment has not been made two weeks prior.The number of officers required will be determined by MCSO. LIABILITY INSURANCE INDEMNIFICATION:LICENSEE shall procure and maintain insurance for event as specified by Community Center Director or designee,naming the Town as an additional named insured. INDEMNITY:LICENSEE agrees to hold harmless,indemnify and defend the Town of Fountain Hills,the Fountain Hills Community Center,and their respective officers,employees,agents and representatives from and against all losses,claims,demands,payments,suits,actions,recoveries,judgments and liabilityof every kind,nature and description,for injuryto persons including wrongful death or damage to property or both arising out of or in any way connected with LICENSEE'S use of the Community Center under the terms of this Agreement. POLICIES AND PROCEDURES:The Policies and Procedures Manual is hereby made a part of this agreement by reference.LICENSEE must comply with any and all music licensee requirements under current copyright laws. APPROVAL OF FACILITY USE AGREEMENT: Itis agreed the License Agreement will not be inforce until both parties have signed it.If not approved,allfunds received per this agreement will be refunded to LICENSEE, subject to the Cancellation Policies,as per the Policies and Procedures Manual. A Licensee Signature and ateeandDa' 3 of 3 6/3/2014 11:45 AM TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Supervisor of Recreation,480-816-5135,rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya) located at 12645 N. Saguaro Blvd, Fountain Hills, AZ in conjunction with the Memorial Championship Disc Golf Tournament,from 10:00am to 7:00 pm on Saturday, Feb 28, 2015 Applicant:Merita Kraya Applicant Contact Information: Property Location:12645 N.Saguaro Blvd #11,Fountain Hills, AZ Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,and R19-1-309 Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Merira Kraya representing Euro Pizza for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,listhere: N/A Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Application; SUGGESTED MOTION (for council use):Move to approve the Special Event Liquor License as presented. Page 1 of 2 Redact Prepared by: /1/27/2/D15Rachael Goodwin,/Recreation Supervisor Director's Approval: Mark Mayer,Community Services Director "7 1/27/2015 Approved:.proved:^—n Ken Buchanan,Town Manager 1/27/2015 Page 2 of 2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO:'as applicable) •Streets Division • Fire Department •Building Division •Community Services •Development Services •Law Enforcement •Licensing DATE:1/14/2015 FR:Rachael Goodwin, Recreation Supervisor RE:Liquor License Application Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staff's recommendation is to deny and/or there are stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization:Euro Pizza Applicant:Merita Kraya Date(s)of Event:Feb 28,2015 at 12645 N Saguaro Blvd #11,in conjunction with the Memorial Championship DiscGolf Tournament. Date Application Received:01/14/2015 Town Council Agenda Date:2/5/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field y Community Services Rachael Goodwin X Development Services Bob Rodgers I Fire Department Dave Ott Y Law Enforcement Mark Fisher ^ Licensing Sonia Kukkola Street Department Ken Kurth X Attach report for denial or any recommendation requiring stipulations. 01-14-15 P04:27 IN Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602) 542-5141 FOR DLLC USE ONLY Date payment received: / / APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT This application must be returned to the Department of Liquor (Notice:Allow 30-45 days to process permanent change of premises) CSR initials: •Permanent change of area ofservice.A NON-REFUNDABLE $50 FEE WILL APPLY.Specific purpose for change: H Temporary change for date(s)of:Ufyfgyjj through 0^/^Q/'3 List specific purpose for change: MumjavX (^k/iM^^^^^r (£M,£?.<>/] ./^T/O-j^yi-exxbx-1.Licensee's Name: 2.Mailing Address: Last [J First 12645 N.Saguaro Blvd #11 Fountain Hills Middle AZ 85268 3.Business Name: Street Euro Pizza Cafe License # City 12074623 State 4.Business Address:12645 N.Saguaro Blvd #11 Fountain HillsAZ 85268 Street 5.Contact phone: City State 480,836-0208Businessphone:( 6 Email europizzacafe@cox.net 7. Is extension of premises/patio complete? Bn/A DYes Dno If no,what is your estimated completion date? 8.Do you understand Arizona LiquorLaws and Regulations? HYes Dno 9.Does this extension bring your premises within 300 feet of a church or school? DYes Hno / / 10.Have you received approved LiquorLaw Training? HYes Dno If yes,whendoes your Certificate expire?Date:04 / / 14 Zip Zip 11. What security precautions will be taken to prevent liquorviolations in the extended area? Two sherilfc on duty,the area will alsobe taped andor fenced 12. IMPORTANT:ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTINGYOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. 11/21/14 Page 1 of 2 Individuals requiring ADA accommodations call (602)542-9027. Redact •Barrier Exemption:an exception to the requirement of barriers surroundinga patio/outdoor serving area may be requested.Barrier exemptions are granted based on public safety,pedestrian traffic,and other factors unique to a licensed premise.List specific reasons for exemption: Investigation Recommendation:DApproval DDisapproval by:.Date:__/__/_ OOBTAIN APPROVAL FROM LOCAL GOVERNING BODY BEFORE SUBMITTING TO THE DEPARTMENTC 3 After completing the application,please take this application to yourlocal Boardof Supervisors,City Council or Designate fortheir recommendation.This recommendation is not binding on the Department of Liquor. This change inpremises is RECOMMENDED by the focal Board of Supervisors,CityCouncil or Designate: (Authorized Signature)(Title)(Agency)Date I,Merita Kraya declare that I am the APPLICANT and,under penalty of (Print full name) perjury,making the foregoing application.I have read this application and the contents and all statements are true,correct and complete J.Merita Kraya Title/Position Date The foregoing instrument was acknowledged before me this Phone # M mm\i M!<=> State 'iML .County of 1 /^^v VANESSA LDRFTO I NOTARY PUBLIC -ARIZONA Maricopa County MyCommission Expires January 26.2016 iw^tevij»«ry^u>,«i>«u'tit/m*»Mk"'*ss* Investigation Recommendation:DApproval DDisapproval by: Director Signature required for Disapprovals 11/21/14 Page 2 of 2 Individualsrequiring ADA accommodations call (602)542-9027. Date: Date: / /_ .//_ Fountain Hills Layout r^VLAZ/\ DISCRAFT 0 "••-•.•,..!•-•'••'; TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Rachael Goodwin,Supervisor of Recreation,480-816-5135,rgoodwin@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a temporary EXTENSION OF PREMISES LIQUOR LICENSE APPLICATION for Euro Pizza (Merita Kraya) located at 12645 N. Saguaro Blvd, Fountain Hills, AZ in conjunction with Mountain to Fountain 15K, from 7:00am to 12:00 pm on Sunday, March 8, 2015. Applicant:Merita Kraya Applicant Contact Information: Property Location:12645 N.Saguaro Blvd #11,Fountain Hills, AZ Related Ordinance,Policy or Guiding Principle:A.R.S.§4-203.02;4-244;4-261 and R19-1-228,R19-1- 235,and R19-1-309 Staff Summary (background):The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Merira Kraya representing Euro Pizza for submission to the Arizona Department of Liquor.The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,listhere: N/A Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Application; SUGGESTED MOTION (for council use):Move to approve the Special Event Liquor License as presented. Page 1 of 2 Redact Prepared by: Rachael Goodwin,Recreation Supervisor Director's Approval: I 1/27/2015 Mark Mayer,Community Services Director y 1/27/2015 Approved:•proved:^—^ Ken Buchanan,Town Manager 1/27/2015 Page 2 of2 TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO:(as applicable) •Streets Division » Fire Department »Building Division •Community Services •Development Services »Law Enforcement •Licensing DATE:1/14/2015 FR:1 1 Rachael Goodwin, Recreation Supervisor RE:Liquor License Application Attached is a Liquor License Application for staff review. Review the application,then sign,indicating staff's recommendation for approval (with or without stipulations)or denial. If staffs recommendation is to deny and/or there are stipulations for approval,please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization:Euro Pizza Applicant:Merita Kraya Date(s)of Event:March 8 at 12645 N Saguaro Blvd #11,in conjunction with the Mountain to Fountain 15K Date Application Received:01/14/2015 Town Council Agenda Date:2/5/2015 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Jason Field * Community Services Rachael Goodwin X Development Services Bob Rodgers X Fire Department Dave Ott I Law Enforcement Mark Fisher * Licensing Sonia Kukkola Street Department Ken Kurth X Attach report for denial or any recommendation requiring stipulations. 01-14-15 P04:27 I Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT This application must be returned to the Department of Liquor (Notice:Allow 30-45 days to process permanent change of premises) FOR DLLC USE ONLY Date payment received: . / / CSR initials: •Permanent change ofarea of service.A NON-REFUNDABLE $50 FEE WILL APPLY.Specific purpose for change: S Temporary change for date(s)of:U^/Uo/ls through U^/Uo/'3 List specific purpose for change: 1.Licensee's Name:MeAxAnKra-y-i Last First Middle 2.Mailing Address:12645 N.Saguaro Blvd #11 Fountain Hills AZ 85268 Street City State Zip 3.Business Name:Euro Pizza Cafe License*12074623 4.Business Address:12645 N.Saguaro Blvd #11 Fountain Hills AZ 85268 Street City State Zip 5.Contact phone:Business ohone:f480 i 836-0208 ,europizzacafe@cox.net6.Email: 7. Is extension of premises/patio complete? Hn/A DYes Dno If no,what is your estimated completion date?/ / 8. Do you understand Arizona Liquor Laws and Regulations? •Yes Dno 9.Does this extension bring your premises within 300 feet of a church or school? DYes •No 10.Have you received approved Liquor Law Training? HYes Dno If yes,when does yourCertificateexpire? Date: / / 11.What security precautions will be taken to prevent liquor violations in the extended area? Two sheriff on duty,the area will also be taped and or fenced 12.IMPORTANT:ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. 11/21/14 Page 1 of 2 Individuals requiring ADA accommodations call (602)542-9027. Redact •Barrier Exemption:an exception to the requirementof barriers surrounding a patio/outdoor serving area may be requested.Barrier exemptions are granted based on publicsafety,pedestrian traffic,and other factors unique to a licensed premise.List specific reasons for exemption: Investigation Recommendation:DApproval DDisapproval by:.Date:/ /_ OOBTAIN APPROVAL FROM LOCAL GOVERNING BODY BEFORE SUBMITTING TO THE DEPARTMENTC 3 After completingthe application, please take this application to yourlocal Board of Supervisors,City Council orDesignate for their recommendation.This recommendation is not bindingon the Department of Liquor. This change inpremises is RECOMMENDED by the local Board of Supervisors,CityCouncilor Designate: (Authorized Signature)(Title)(Agency)Date l(Merita Kraya t declare that I am the APPLICANT and,under penalty of (Print full name) perjury,makingthe foregoing application.I have read this application and the contents and all statements are true,correct and complete. X Merita Kraya (Signature)/J*—'Title/Position Theforegoing instrument was acknowledged before me this l^&lflti.County of Y\M°i t .Date Phone # Day Months J Year mis§ij- iTABV Dl IQI m .A0I7OMA DateNOTARYPUBLIC-ARIZONA Maricopa County My Commission Expires January 26,2016 Investigation Recommendation:DApproval DDisapproval by: DirectorSignature required forDisapprovals 11/21/14 Page 2 of 2 Individuals requiring ADA accommodations call (602)542-9027. Date:/ /_ Date:/ / •, MC-J . TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Craig Rudolphy,Finance Director,480-816-5162,crudolphy@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of Second Amendment to Option and Lease Agreement between the Town of Fountain Hills,Arizona and Verizon Wireless (VAW)LLC d/b/a Verizon Wireless to modify the Communications Facility by replacing certain existing antennae. Applicant:General Dynamics Wireless Services Applicant Contact Information:Alan Waters,Site Acquisition Manager,480-257-6114 Property Location:14972 E Shea Blvd,Fountain Hills, AZ 85268 Related Ordinance,Policy or Guiding Principle: Staff Summary (background):In June 2001,the Town entered into an agreement with Verizon,successor in interest to AirTouch Communications,to lease Town owned property at Shea and Palisades Boulevards for the operation of a cell tower on existing Town equipment.The term of the lease agreement was for five (5)years with two (2)additional five (5)year renewal terms (expiration of 2021).Verizon is requesting an amendment to the lease to allow the replacement of existing antennae.The number of antennas will remain at three.There will be no change in the exisiting rental/lease amount. Risk Analysis (options or alternatives with implications):No action will leave the existing lease agreement terms. Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number): Funding Source:NA If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Recommend approval. List Attachment(s):Second Amendment to Option and Lease Agreement. Page 1 of 2 SUGGESTED MOTION (for council use):Move to approve the Second Amendment to Option and Lease Agreement between the Town of Fountain Hills,Arizona and Verizon Wireless (VAW)LLC d/b/a Verizon Wireless to modify the Communications Facility by replacing certain existing antennae. Prepared by: Craig RudolpWy,Finance Director 1/27/2015 Approved: S twa Ken Buchanan,Town Manager 1/27/2015 Page 2 of2 SECOND AMENDMENT TO OPTION AND SITE LEASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VERIZON WIRELESS (VAW)LLC d/b/a VERIZON WIRELESS THIS SECOND AMENDMENT TO OPTION AND SITE LEASE AGREEMENT (this "Second Amendment") is entered into as of February 5, 2015, by and between the Town of Fountain Hills ("Lessor") and Verizon Wireless (VAW) LLC, a Delaware limited liability company,d/b/a Verizon Wireless ("Lessee"),sucessor in interest to AirTouch Communications, Inc., d/b/a AirTouch Cellular. Unless otherwise defined herein, all capitalized terms in this Second Amendment shall have the meanings set forth in the Agreement (defined below). RECITALS A. Lessor and Lessee entered into that certain Option and Site Lease Agreement dated May 4, 2000, for the Lessee to lease a portion of Lessor's real property located at the northwest corner of Shea Boulevard and Palisades Boulevard in Fountain Hills,Arizona,to install and maintain its Communication Facilities (the "Initial Agreement"). B. The Initial Agreement was amended by that certain First Amendment,dated June 4, 2009, to allow the Lessee to modify the Communication Facilities by installing an emergency back-up generator and replacing certain antennae (the "First Amendment").The Initial Agreement and the First Amendment are collectively referred to herein as the "Agreement." C. Lessee desires to modify the Communication Facilities by replacing certain existing antennae (the "Antenna Modification"). D.Lessor and Lessee desire to enter into this Second Amendment to allow Lessee to perform the Antenna Modification. AGREEMENT 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,Lessor and Lessee hereby agree as follows: 1.Modifications to the Communications Facilities.Lessee shall perform the Antennae Modifications as described and depicted on the Verizon Wireless PHO Palisades AWS plan set dated September 26,2014 (the "Plans"),attached hereto as Exhibit 1-1 and incorporated herein by reference.Exhibit 1-1,attached hereto shall supplement Exhibit D currently attached to to the Initial Agreement and Exhibit 1 currently attached to the First Amendment. 2203405.2 2.Amendment to Communication Facilities Exhibit.Exhibit B of the Agreement is hereby deleted in its entirety and replaced with the Plans, attached hereto as Exhibit 1-1. Any reference to Exhibit B of the Agreement shall mean Exhibit 1-1 attached hereto. 3. Effect of Amendment.In all other respects, the Agreement is affirmed and ratifiedand, except as expressly modifiedherein,all terms and conditions of the Agreementshall remain in full force and effect. 4. Non-Default. By executing this Second Amendment, the Lessee affirmatively asserts that (i) the Lessor is not currently in default, nor has been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, knownand unknown,relatingto the Agreementand existing on or beforethe date of this Second Amendment are forever waived. 5.Conflict of Interest. This Second Amendment may be cancelled by the Lessor pursuant to Ariz.Rev.Stat.§38-511. [SIGNATURES ON FOLLOWINGPAGES] 2203405.2 IN WITNESS WHEREOF,the parties hereto have executed this instrument as of the date and year first set forth above. "Lessor" TOWN OF FOUNTAIN HILLS,an Arizona municipal corporation Kenneth W.Buchanan,Town Manager ATTEST: Bevelyn J.Bender,Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA )ss. COUNTY OF MARICOPA ) On ,2015,before me personally appeared Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identitywas proven to me on the basis of satisfactoryevidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) 2203405.2 "Lessee" VERIZON WIRELESS (VAW) LLC, a Delaware limitedliabilitycompany, d/b/a Verizon Wireless By: _ Name:Brian Mecum Title:Area Vice President Network ^^-f/r/xr- (ACKNOWLEDGMENT) STATEOF CALIFQRNIA ) ) COUNTY OF ORANGI On before me,Notary Public,personally appeared Brian Mecum,who proved to mbson the basis of satisfactory evidence to be the person whose name is subscribed to the within instrurnent and acknowledged to me that he executed the same in his authorized capacity,and that by hisN-ignature on the instrument the person,or the entity upon behalf of which the person acted,executetkthe instrument. I certify under PENALTY OF PERJURY under the laws\Qf the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature ot'Notary Public Place Notary Seal Above 2203405.2 NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which the certificate is attached,and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE OiKNpyyjc^Ny I ^b/^1 before me>JjV^\(r_g_iC^cZ&VQrt ^3/0 a Notary Public,personally appeared Brian Mecum who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JWCE KSORENSEN fission #1983580No'ary public .Ca)j) 0range County^CQWmfantr..,./n,.n[|. California § Place Notary Seal Above 2203405.2 EXHIBIT 1-1 TO SECOND AMENDMENT TO OPTION AND SITE LEASE AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND VERIZON WIRELESS (VAW)LLC d/b/a VERIZON WIRELESS [Plans] See following pages. VGHZptlwireless SITE NAME:PHO PALISADES AWS PROJECTTEAM CLIENT: VERIZON WIRELESS 126 W.GEMINI DR. TEMPE.AZ 85283 CONTACT:MARCI BRAWLfY PnONE (602)679-5511 PROJECT MAHAGER\SiTf ACQUISITION: GENERAL DYNAMICS 6664 SOUTH DATELAND DRIVE. SUITE B TEMPE.AZ 65283 CONTACT AiAN WATERS MOBILE:(460)296-7453 Ait.SERVICES: COM-EX CONSULTANTS.LLC. 9180 SOUTH KYRENt ROAD. SUITE 104 TEMPE. AZ 85284 CONTACT:KEVIN BARLAY PHONE:(480)245-5988 FAX:(4B0)4 BUILDING CODES AND STANDARDS BUILDING CODE:2012 INTERNATIONAL BUILDING CODE ELECTRICAL CODE:2011 NATIONAL ELECTRIC CODE SITE INFORMATION SITE ADDRESS: VERIZON WIRELESS 126 W GEMINI DR. TEMPE. AZ.85283 LAND OWNER/TOWER OWNER TOWN OF FOUNTAIN HILLS 16839 E PALISADES BLVD FOUNTAIN HILLS.AZ 85268 LATITUDE: LONGITUDE: APN: ZONING: JURISDICTION- EXISTING USE: NEW USE: 33'34*50445"N 11 r 45'25.532"W NO APN-SITE IS LOCATED ON THE NWC OF SHEA t PALISADES BLVD. IN THE TOWN OF FOUNTAIN HILLS RIGHT-OF-WAY CITY OF FOUNTAIN HILLS WIRELESS COMMUNICATIONS FACILITY WIRELESS COMMUNICATIONS FACILITY (NO CHANGE) SMR DATED 11/13/2013 CONSTRUCTION DRAWING IF USING II "XI7"PLOT, DRAWINGS WILL BE HALF SCALE VICINITY MAP DRIVING DIRECTIONS FROM 126 W. GEMINI DR.TEMPE.AZ.85283:HEAD EAST ON W. GEMINI DRIVE TOWARD S. MAPLE AVENUE.TURN RIGHT AT S.MaPlE AVENUE.TURN left at w guadalupe road.turn left at frontage road/s.price road.take the ramp on the left onto az-101 n.take exit 41 for shea boulevard,turn right at e shea boulevard,turn right at n. palisades boulevard.make a u-turn.turn left at e.smea boulevard arrive at 14972 e.shea boulevard. SITE PHOTO i»*m DRAWING INDEX PROJECI INFORMATION AND DATA ENLARGED 5lU PLAN AND ANTENNA LAYOUT PROJECT ELEVATIONS PROJECT ELEVATIONS _/•-.rr-.-iA ^FORMATION PROJECT DESCRIPTION THE SCOPE WILL CONSIST OF THE FOLLOWING: -REMOVE (3)EXISTING ANTENNAS. (1) PER SECTOR FOR (3) SECTORS •INSTALL (1) AWS RACK WITHIN EOUIPMENT CABINET •INSTALL (3)NEW ANTENNAS (1) PER SECTOR FOR (3) SECTORS « INSTALL NEW DIPLEXER'S WITHIN EOUIPMENI CABINET lfCfi/Offwf/efess GENERAL.DYNAMIC! Wireless Services 6664 SOUTH DATELAND DRIVE SUITE B TEMPE,A2 85283 [—PLANS PREPARED BY • COMDEX Consultants ;1CM TEMPE AZ85284 -SITE INFORMATION - PHO PALISADES 14972 E SHEA BLVD FOUNTAIN HILLS,AZ 85268 i—SHEET TITLE.- PROJECT INFORMATION AND DATA HEET NUMBER T-1 HSITEPLAN22"«34-SCALE:1/16"-T-0"I1-.17-SCALE:1/3?"-f-O'WW't?y&riTOnwineiessWirelessServices6664SOUTHDATELANDDRIVESUITEBTEMPE.AZ85283•—PLANSPREPAREDBY«ComdexConsultants9180SKYRENEROADSUITE104TEMPEAZ85264-SITEINFORMATION;-PHOPALISADES14972ESHEABLVDFOUNTAINHILLS. AZ85268I—SHEETTITLE:-SITEPLAN•SHEETNUMBER-A-1 a SECTOR C AZIMUTH 290- EXISTINC TRAFFIC UGhT ARM EXISTING ANTENNA PLAN EXISTING LIGHTPOLE TOWER- EXISTING TRAFFIC LIGHT ARM a NEW ANTENNA PLAN w EXISTING LESSEE ANTENNA TO BE REMOVED AND REPLACED (1)PER SECTOR FOR (3) SECTORS NEW LESSEE ANTENNAS (1) ANTENNA PER SECTOR FOR (3) SECTORS EXISTING COAXIAL CABLE TABLE NEW COAXIAL CABLE TABLE SECTOR AZIUUTK LENGTH NO SIZE TYP£SECTOR AZIMUTH LENGTH NO SIZE TYPE ALPHA 10"+/-66-0'(2)7/8"AVA5-50 ALPHA 10"*/-66"-0'(2)7/8-AVA5-S0 BETA 9a +/-66*-0'(2)7/8-AVA5-50 BETA 90"♦/-66-0"(2)7/8-AVA5-50 GAMMA 290-♦/-66-0"(2)7/8"AVA5-50 CAMUA 290"t/-66-0'(2)7/8"AVA5-50 INSTALL (1) RUN OF 6X12 HYBRID DC/FlBER MAIN TEEDLINE install RET CABLING KIT (ONE CABLE PER Slit TO SHELTER AND JUMPERS TO OTHER SECTORS) H ENLARGED SITE PLAN LENGTHS ARE ESTIMATES: CONTRACTOR AND/OR CONSTRUCTION MANAGER SHALL HELD VERIFY PRIOR TO ORDERING e ?EXISTING PULL BOX yaJJOnwimless GENERAL DYNAMICS Wireless Services 6664 SOUTH DATELAND DRIVE SUITE B TEMPE.AZ 85283 i—PLANS PREPARED BY - COMDEX Consultants 9180 S KYRENE ROAD SUITE 104 TEMPE AZ 85284 -DESCRIPTION - DESCRIPTION -SITE INFORMATION - PHO PALISADES 14972 E SHEA BLVD FOUNTAIN HILLS.AZ 85268 r—SHEET TTTLE- ENLARGED SITE PLAN AND ANTENNA LAYOUT r—SHEET NUMBER- A-2 EXISTING SOUTH ELEVATION EXISTING LESSEE ANTENNA- TO BE REMOVED AND REPLACED (1) PER SECTOR FOR (3) SECTORS EXISTING UGHTPOLE- EXISTING ACCESS CATE(S) EXISTING LESSEE MASONRY SCREEN WALL. TO REMAIN UNCHANGED EXISTING SIGNAL CABINET 22*.34-SCALE:1/8'-T-0 11M7-SCALE:1/16'-I'-NEW SOUTH ELEVATION NEW LESSEE ANTENNAS (1) ANTENNA PER SECTOR FOR (3) SECTORS DESIGN NOTE: THIS DRAWING IS INTENDED TO DEPICT THE GENERAL location AND HEIGHT OF THE PROPOSED ANTENNAS ON THE EXISTING TOWER CONSTRUCTION SMALL NOT PROCEED UNTIL A STRUCTURAL ANALYSIS REPORT HAS BEEN COMPLETED BY A PROFESSIONAL ENGINEER REGISTERED IN THIS STATE. CONCLUDING THAT THE EXISTING TOWER IS STRUCTURALLY ADEQUATE TO RESIST THE EXISTING AND PROPOSED LOADS EXISTING UGHTPOLE- EXISTING ACCESS GATECS) EXISTING LESSEE MASONRY SCREEN WALL. TO REMAIN UNCHANGED EXISTING SIGNAL CABINET to EXISTING- TRAFFIC POLE VOf EJ Otlwireless Wireless Services 6664 SOUTH DATELAND DRIVE SUITE B TEMPE.AZ 85283 -PLANS PREPARED BY - Comdex Consultants 9180 S KYRENE ROAD SUITE 104 TEMPE AZ 85284 -DATE- DATE -SITE INFORMATION - PHO PALISADES 14972 E SHEA BLVD FOUNTAIN HILLS.AZ 85268 •SHEET TITLE:- PROJECT ELEVATIONS f—SHEET NUMBER- A-3 EXISTINGLESSEEANTENNA-TO BEREMOVEDANDREPLACED (1) PER SECTORFOR (3) SECTORSEXtSTlNGUGHTPOLE-EXISTINGLESSEE-ELECTRICALSERVICEPEDESTALEXISTINGWESTTOWERELEVATIONTTflNEWLESSEEANTENNAS(1) ANTENNA PER SECTORFOR(J)SECTORSEXISTINGLIGHTPOLE-EXISTINGLESSEE-ELECTRICALSERVICEPEDESTALNEWWESTTOWERELEVATIONDESIGNNOTE:THISDRAWINGISINTENDEDTO DEPICT THEGENERALLOCATIONAND HEIGHT OF THEPROPOSEDANTENNASON THEEXISTINGTOWERCONSTRUCTIONSHALLNOTPROCEEDUNTILASTRUCTURALANALYSISREPORTHASBEENCOMPLETEDBY APROFESSIONALENGINEERREGISTEREDINTHISSTATE.CONCLUDINGTHAT THEEXISTINGTOWER(SSTRUCTURALLYADEQUATETORESISTTHEEXISTINGANDPROPOSEDLOADSnTTflVCfijOnwirelessWirelessServices6664SOUTHDATELANDDRIVESUITEBTEMPE.AZ85283i—PLANSPREPAREDBY•ComdexConsultants9160SKYRENEROADSUITE104TEMPEAZ85284-DATE-OATE-DESCRIPTION-DESCRIPTION-SITEINFORMATION-PHOPALISADES14972ESHEABLVDFOUNTAINHILLS.AZ85268^SHEETTITLE:-PROJECTELEVATIONSi—SHEETNUMBER:-A-4 TOPVIEWFRONTVIFWSIDEVIEWNOTUSEDNEWANTENNAEXISTINGANTENNANOTUSEDNOTUSEDNOTUSEDyCiij'OnwinelessOENERALDYNAMICSWirelessServices6664SOUTHDATELANDDRIVE|—PLANSPREPAREDBY•ComdexConsultants9180SKYRENEROADSUITE104TEMPEAZ85284-DATE-DATE-SITEINFORMATION-PHOPALISADES14972ESHEABLVDFOUNTAJNHILLS.AZ85268^SHEETTITLE:-ANTENNAINFORMATION•SHEETNUMBER:-A-5 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:RegularSession Agenda Type:Consent Submitting Department:Administration Staff Contact Information:Craig Rudolphy,Finance Director,480-816-5162,crudolphy@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a BUDGET TRANSFER in the amount of $42,500 from the MPC Debt Service Fund to the GO Bond Debt Service Fund. Applicant: Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:Town Financial Policies Staff Summary (background):This item was budgeted incorrectly.The Library/Museum Development Fees were budgeted this year to paydownthe debt forthe Library/Museum.The Library and Museum were built with GO Bonds,not MPC bonds, therefore the budget transfer needs to applyto the GO Bond DebtService Fund rather than the MPC Debt Service Fund. Risk Analysis (options or alternatives with implications):Withoutthis budget transfer,these development fees cannot be used to pay down the debt. Fiscal Impact (initial and ongoing costs;budget status):$42,500 Budget Reference (page number):pp 283,285 Funding Source:Development Fee Fund If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Staff recommends approval. List Attachment(s):Budget Transfer approval form SUGGESTED MOTION (for Council use):Move to approve the inter-fund budget transfer from the MPC Debt Service Fund to the GO Bond Debt Service Fund in the amount of $42,500 for fiscal year ending June 30, 2015. Page 1 of 2 Prepared by:area oy:/}/fa <h BeatefBogdan,Accountant Directpr's Approval: (ami A Craig Rudolphy,Fi Approved:jproj/ed:^^^/-—» CX^AsCJuv^n Ken Buchanan, Town Manager 1/27/2015 1/27/2015 1/27/2015 Page 2 of 2 TOWN OF FOUNTAIN HILLS i^ilfiWilimil^M'lllffiBB 01/22/2015 10:09 BBogdan TOWN OF FOUNTAIN HILLS BUDGET AMENDMENTS JOURNAL ENTRY PROOF LN ORG ACCOUNT OBJECT PROJ ORG DESCRIPTION YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 2015 07 99 01/22/2015 DFLM RECLASS ACCOUNT DESCRIPTION LINE DESCRIPTION SRC JNL-DSSC BUA DFLM XFR ENTITY AMEND 1 3 EFF DATE 1 DSGO 4 9 04 GEN OBLIG BD DEBT SERV 510-60-10-105-000-0410-4904- TRANSFER IN FIX DFLM XFR TO DEBT SVC .00 -42,500.00 01/22/2015 2 DSMPC 4904 MUN PROP CORP DEBT SERV TRANSFER IN -236,000.00 42,500.00 530-60-10-105-000-0410-4904-FIX DFLM XFR TO DEBT SVC 01/22/2015 JOURNAL TOTAL 0 .00 APPROVED: MAYOR DATE AMENDED BUDGET ERR -42,500.00 •193,500.00 TOWNOFFOUNTAINHILLS16705i'(V.vr,-,k-1':':'...-!cum^r:-.-IV-raliiniii:-.AZK>:6;-i01/22/201510:09BBogdanCLERK:BBogdanYEARPERJNLSRCACCOUNTEFFDATETOWNOFFOUNTAINHILLSBUDGETAMENDMENTJOURNALENTRYPROOFJNLDESCREF1REF22015799BUADSGO-490401/22/2015DFLMXFRBUADSMPC-490401/22/2015DFLMXFRDFLMDFLMRECLASSRECLASSREF3ACCOUNTDESCLINE DESCTRANSFERINFIXDFLMXFRTODEBTSVCTRANSFERINFIXDFLMXFRTODEBTSVCJOURNAL2015/07/99TOTALTOBDEBIT42,500.00.00P2bgamdentCREDIT42,500.00.00 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Community Services Staff Contact Information:Mike Fenzel,Events and Operations Supervisor,(480)816-5116,mfenzel@fh.az.gov Strategic Planning Goal: NotApplicable (NA)Operational Priority:NotApplicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving a BUDGET TRANSFER in the amount of $2,250 from the GoldenEagle Park Fund to the Capital Improvement Project (Parks and Recreation)fund to provide budget authority for expenditures. Applicant: Applicant Contact Information: Property Location:Golden Eagle Park Related Ordinance,Policy or Guiding Principle:Town Financial Policies Staff Summary (background):The purpose of this item is to obtain Council's recommendation regarding the transfer offunds ($2,250) from the Golden Eagle Park budget to the Capital Improvement Project (Parks and Recreation)budget.The transfer would fullyfund the installation of a kisok to be placed at Golden Eagle Park, which is part of the Urban FIT Trail system (Sunridge Trail). Risk Analysis (options or alternatives with implications):Without this transfer,there would be a major delay in the completion of the third intallment of the Urban FIT Trail system (Sunridge Trail), or a significant reduction in the number of wafinding signs intended to direct users in the correct direction throughout the 3.8 mile trail. Fiscal Impact (initial and ongoing costs;budget status):$2,250 Budget Reference (page number):pp.228-229 Funding Source:Multiple Funds If Multiple Funds utilized,list here:N/A Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):N/A Staff Recommendation(s):Approve List Attachment(s):Budget Transfer Approval Form SUGGESTED MOTION (for council use):Move to approve the Consent Agenda. Page 1 of 2 atiorS-Stlpervisor 1/22/2015 Director's Approval: Mark Mayer,Community Services Director Approved: Ken Buchanan,Town ManagerManager 1722/2015 1/22/2015 Page 2 of2 TOWN OF FOUNTAIN HILLS 01/22/2015 10:44 BBogdan CLERK:BBogdan YEAR PER JNL SRC ACCOUNT EFF DATE TOWN OF FOUNTAIN HILLS BUDGET AMENDMENT JOURNAL ENTRY PROOF JNL DESC REF 1 REF 2 2015 7 101 BUA GEPFP-6221 01/22/2015 KIOSK INS KIOSK BUA CIPPR-8080-P3024 01/22/2015 KIOSK INS KIOSK REF 3 ACCOUNT DESC LINE DESC IRRIGATION REPAIR OTHER INFRASTRUCTURE JOURNAL 2015/07/101 T OB DEBIT 2,250.00 TOTAL .00 P 2 bgamdent CREDIT 2,250 .00 .00 TOWN OF FOUNTAIN HILLS 01/22/2015 10:44 BBogdan TOWN OF FOUNTAIN HILLS BUDGET AMENDMENTS JOURNAL ENTRY PROOF LN ORG ACCOUNT OBJECT PROJ ORG DESCRIPTION YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 2015 07 101 01/22/2015 KIOSK 1 GEPFP 6221 GEP-FIELD PREP 100-50-50-502-510-0610-6221- ACCOUNT DESCRIPTION LINE DESCRIPTION SRC JNL-DESC ENTITY AMEND BUA KIOSK INS 1 8 IRRIGATION REPAIR EFF DATE 2 CIPPR 8 080 P3 024 PARK &REC CAP PROJECTS 600-50-50-5 02-000-1602-8080-P3024 OTHER INFRASTRUCTURE **JOURNAL TOTAL APPROVED: MAYOR DATE PREV BUDGET BUDGET CHANGE P 1 bgamdent AMENDED BUDGET ERR 9,248.19 -2,250.00 6,998.19 01/22/2015 20,000.00 2,250.00 22,250.00 01/22/2015 0.00 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Raymond Rees/480-816-5180/rrees@fh.az.gov Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):Approve the CONTRACT with Verde Valley Nursery in the amount not to exceed $75,000 for drainage parcel maintenance. Applicant: Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background):The Town owns over 100 drainage parcels or channels that are an important part of the Town's storm water management infrastructure.They help move surface water off our streets during rain events which help reduce the risk of localized flooding.A small number of these channels are lined concrete channels or constructed of rocks,commonly known as riprap.The majority of them are simply natural earthen channels.All of these channels have varying levels of vegetation that grow in them that become so overgrown that is causes an impediment for storm water runoff.These channels are also a collector of trash debris and excess silt that contributes to reduced water flow in the channels when needed.Staff is proposing that we use the selected vendor to perform maintenance on the channels by removing unwanted vegetation, trash,debris and silt to help insure our storm water infrastructure is working properly. Our current method of maintaining these parcels mainly comes for calls from residents or when staff sees parcels that need maintenance.The contract is for one year with four renewals $50,000 annually. Risk Analysis (options or alternatives with implications):Not doing the needed maintenance can cause storm water backup on streets which causes the water channel into areas that can cause damage to private property. Fiscal Impact (initial and ongoing costs;budget status):$75,000 Budget Reference (page number): Funding Source:Hurt Fund If Multiple Funds utilized,list here: Budgeted;if No,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Approve the contract with Verde Valley Nursery in the amount not to exceed $75,000 for drainage parcel maintenance. Page 1 of 2 List Attachment(s):Proposed contract. SUGGESTED MOTION (for council use):Approve the contract with Verde Valley Nursery in the amount not to exceed $75,000 for drainage parcel maintenance. Prepared jggS •)-£-£<? Raymond Rees/racilitieM^nvifgnmental Supervisor 1/26/2015 PaukMood,'-Development Services Director 1/26/2015 Approved:3pro*/ed: Ken Buchanan,Town Manager 1/27/2015 Page 2 of2 2206224.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT INVITATION FOR BIDS DRAINAGE PARCEL MAINTENANCE Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 SOLICITATION INFORMATION AND SCHEDULE Solicitation Number: DS 2015-122 Release Date: December 10, 2014 Advertisement Dates: Dec. 10 and 17, 2014 – Fountain Hills Times Dec. 11 and 18, 2015 – Arizona Business Gazette Final Date for Inquires January 5, 2015 MANDATORY Prospective Bidder’s Conference: December 22, 2014 10:00 a.m. (local time, Phoenix, Arizona) Fountain Hills Town Hall Council Chambers 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Bid Deadline: January 14, 2015 3:00 p.m. (local time, Phoenix, Arizona) Bid Opening: January 14, 2015 3:00 p.m. (local time, Phoenix, Arizona) Town Representatives: Raymond Rees rrees@fh.az.gov 480-816-5180 Paul Mood pmood@fh.az.gov 480-816-5129 In accordance with the Town of Fountain Hills Procurement Code, competitive sealed Bids for the services specified herein will be received by the Town Clerk at the Town Clerk’s Office at the above-referenced location until the date and time referenced above (the “Bid Deadline”). Bids received by the Bid Deadline shall be publicly opened and the Bid Price read. Bids shall be in the actual possession of the Town Clerk on, or prior to, the Bid Deadline date. Late Bids shall not be considered except as provided in the Town Procurement Code. Bids shall be submitted in a sealed envelope with the Solicitation Number and the Bidder’s name and address clearly indicated on the front of the envelope. * The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 OFFER The undersigned (the "Bidder")hereby offers this Bid as an offer to contract with the Town under the terms and conditions set forth below and certifies that Bidder has read,understands and agrees to fully comply with, and be contractually bound by, all terms and conditions as set forth in this Invitation For Bids ("IFB"),the Contract formed hereby (as defined below) and any amendments thereto,together with all Exhibits,Specifications,Plans and other documents included as part of this Contract (the "Contract Documents"). Arizona Transaction (Sales)Privilege -. Tax License Number:^)\Q ^OQ^rpr Federal Employer Identification Number:VO-^T?@&"^"8 \JP.frL yqlUY ^huS^rX Contractor Name ja(2 Address ^cAa Ulh AZ %&*£& City State Zip Code For Clarification of this Bid contact: Name:*^>Q yV\nloi/^^L Telephone:>4fa */?>>-Uf&tfh Facsimile: Email:\r\Yo &\Je.rr)-e^Uall-eT ^ur^r*(<C&h^ Authorize^LSiftnatwe^fer Contractor fSe*yy\ML Printed Name gltLMglH.yAg&k&z le ACCEPTANCE OF OFFER AND NOTICE OF AWARD (FOR TOWN OF FOUNTAIN HILLS USE ONLY) Effective Date:Contract No.(J^o/.^i ^SO Official Fill TOWN OF FOUNTAIN HILLS,an Arizona municipal corporation Kenneth W.Buchanan.Town Manager ATTEST: Bevelyn J. Bender. Town Clerk 2206224.1 APPROVED AS TO FORM: Andrew J.McGuire,Town Attorney TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 1 ARTICLE I - DEFINITIONS For purposes of this Invitation for Bids, the following definitions shall apply: 1.1 “Bid” or “Offer” means a responsive bid or quotation submitted by a Bidder in response to this Invitation for Bids. 1.2 “Bid Deadline” means the date and time set forth on the cover of this IFB for the Town Clerk to be in actual possession of the sealed Bids. 1.3 “Bid Opening” means the date and time set forth on the cover of this Invitation for Bids for opening of sealed Bids. 1.4 “Bidder” means any person or firm submitting a competitive Bid in response to this IFB. 1.5 “Confidential Information” means that portion of a Bid, proposal, Offer, Specification or protest that contains information that the person submitting the information believes should be withheld, provided (i) such person submits a written statement advising the Town of this fact at the time of the submission and (ii) the information is so identified wherever it appears. 1.6 “Contract” means, collectively, the (i) Offer/Bid, (ii) this IFB, including all exhibits, (iii) the Notice of Award, (iv) the Notice to Proceed or Purchase Order(s), (v) any approved Addendum, Change Order or Amendment, (vi) the Contractor’s Certificates of Insurance and a copy of the Declarations Page(s) of the insurance policies, (vii) any Plans, Specifications or other documents attached, appended or incorporated herein by reference. Alternate or optional bid items will become part of the Contract only if they are accepted by the Town in writing on the Price Sheet. 1.7 “Contractor” means the individual, partnership, corporation or limited liability company who has submitted a Bid in response to this IFB and who, as a result of the competitive bidding process, is awarded a contract for Materials or Services by the Town. 1.8 “Days” means calendar days unless otherwise specified. 1.9 “Invitation for Bids” or “IFB” means this request by the Town for participation in the competitive bidding process according to all documents, including those attached or incorporated herein by reference, utilized for soliciting Bids for the Services and/or Materials in compliance with the Town’s Procurement Code. 1.10 “Materials” means any personal property, including equipment, materials, replacements and supplies provided by the Contractor in conjunction with the Contract and shall include, in addition to Materials incorporated in the Project, equipment and other material used and/or consumed in the performance of Services or Work. 1.11 “Multiple Award” means an award of an indefinite quantity contract for one or more similar products, commodities or Services to more than one Bidder. 1.12 “Price” means the total expenditure for a defined quantity of a commodity or service. 1.13 “Procurement Administrator” means a Town employee, as designated on the cover of this IFB, who has specifically been designated to act as a contact person to the Bidders and/or Contractor relating to their IFB. 1.14 “Procurement Agent” means the Town Manager or authorized designee. 1.15 “Procurement Code” means the Town’s Procurement Code, as amended from time to time. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 2 1.16 “Project” means the purpose and Work described as set forth in Section 2.1, Purpose/Scope of Work, of the IFB. 1.17 “Services” means the furnishing of labor, time or effort by a Contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance and as further defined in the Contract. This term does not include “professional and technical services” as defined in the Procurement Code. 1.18 “Specification” means any description of the physical characteristics, functional characteristics, or the nature of a commodity, product, supply or Services. The term may include a description of any requirements for inspecting, testing, or preparing a supply or service item for delivery. 1.19 “Subcontractor” means those persons or groups of persons having a direct contract with the Contractor to perform a portion of the Work and those who furnish Materials according to the plans and/or Specifications required by this Contract. 1.20 “Town” means the Town of Fountain Hills, an Arizona municipal corporation. 1.21 “Town Representative” means the Town employee who has specifically been designated to act as a contact person to the Town’s Procurement Administrator, and who is responsible for monitoring and overseeing the Contractor’s performance under the Contract and for providing information regarding details pertaining to the Work. 1.22 “Vendor” means any firms, entities or individuals desiring to prepare a responsive Bid in response to this IFB. 1.23 “Work” means all labor, Materials and equipment incorporated or to be incorporated in the Project that are necessary to accomplish the Services required by this Contract. ARTICLE II – BID PROCESS; BID AWARD 2.1 Purpose/Scope of Work. The Work included in this Project consists of providing all labor and equipment necessary to remove vegetation and water flow impediments (such as silt runoff and trash) in washes located within the Town for fire hazard elimination and drainage control, as well as disposing all debris in a certified landfill or brush collection site. The Town is issuing this IFB is to secure a qualified General Contractor to perform the Work and provide all Materials as more particularly described in the Scope of Work attached hereto as Exhibit A, and incorporated herein by reference. 2.2 Amendment of IFB. No alteration may be made to this IFB or the resultant Contract without the express, written approval of the Town in the form of an official IFB addendum or Contract amendment. Any attempt to alter this IFB/Contract without such approval is a violation of this IFB/Contract and the Town Procurement Code. Any such action is subject to the legal and contractual remedies available to the Town including, but not limited to, Contract cancellation and suspension and/or debarment of the Bidder or Contractor. 2.3 Preparation/Submission of Bid. Bidders are invited to participate in the competitive bidding process for the Services specified in this IFB. Bidders shall review their Bid submissions to ensure the following requirements are met. A. Irregular/Non-responsive Bids. The Town will consider as “irregular” or “non- responsive” and shall reject any Bid not prepared and submitted in accordance with the IFB and Specifications, or any Bid lacking sufficient information to enable the Town to make a reasonable determination of compliance with the Specifications. Unauthorized or unreasonable exceptions, conditions, limitations, or provisions shall be cause TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 3 for rejection. Bids may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the Procurement Agent, any of the following are true: 1. Bidder does not meet the minimum required skill, experience or requirements to perform the Services or provide the Materials. 2. Bidder has a past record of failing to fully perform or fulfill contractual obligations. 3. Bidder cannot demonstrate financial stability. 4. Bid submission contains false, inaccurate or misleading statements that, in the opinion of the Procurement Agent, are intended to mislead the Town in its evaluation of the Bid. B. Specification Minimums. Bidders are reminded that the Specifications stated in the Scope of Work as part of this IFB are the minimum levels required and that Bids submitted must be for products or Services that meet or exceed the minimum level of all features specifically listed in this IFB. Bids offering less than the minimums specified will be deemed not responsive. It shall be the Bidder’s responsibility to carefully examine each item listed in the Scope of Work. C. Required Submittal. Bidders shall provide all of the following documents to be considered a responsive Bid: 1. Complete, fully executed original of this IFB, with the Offer signed in ink by a person authorized to bind the Bidder. 2. Price Sheet. 3. Bid Bond. 4. Licenses; Certifications; DBE/MBE Status. 5. References. 6. Acknowledgment for each Addendum received, if any. D. Bidder Responsibilities. All Bidders shall (1) examine the entire Bid package, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Bid and (4) submit the entire, completed Bid package by the official Bid Deadline. Late Bids shall not be considered. Bids not submitted with an original, signed Offer page by a person authorized to bind the Bidder shall be considered non-responsive. Negligence in preparing a Bid shall not be good cause for withdrawal after the Bid Deadline. E. Sealed Bids. All Bids shall be sealed and clearly marked with the IFB title and number on the lower left hand corner of the mailing envelope. A return address must also appear on the outside of the sealed Bid. F. Address. All Bids shall be directed to the following address: Town Clerk, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268, or hand-delivered to the Town Clerk’s office. G. Bid Forms. All Bids shall be on the forms provided in this IFB. It is permissible to copy these forms if required. Telegraphic (facsimile), electronic (email) or mailgram Bids will not be considered. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 4 H. Modifications. Erasures, interlineations, or other modifications in the Bid shall be initialed in original ink by the authorized person signing the Bid. I. Withdrawal. At any time prior to the specified Bid Opening, a Bidder (or designated representative) may amend or withdraw its Bid. Facsimile, electronic (email) or mailgram Bid amendments or withdrawals will not be considered. No Bid shall be altered, amended or withdrawn after the specified Bid Deadline, unless otherwise permitted pursuant to the Town Procurement Code. 2.4 Inquiries; Interpretation of Specifications; Scope of Work. A. Inquiries. Any question related to the IFB, including any part of the Specifications, Scope of Work or other Contract Documents, shall be directed to the Town Representatives whose names appear on the cover page of this IFB. Questions shall be submitted in writing by the date indicated on the cover page of this IFB; the Town will not respond to any inquiries submitted later than the Final Date for Inquiries. The Vendor submitting such inquiry will be responsible for its prompt delivery to the Town. Any correspondence related to the IFB shall refer to the title and number, page and paragraph. However, the Bidder shall not place the IFB number and title on the outside of any envelope containing questions, because such an envelope may be identified as a sealed Bid and may not be opened until the Bid Opening. Any interpretations or corrections of the proposed Contract Documents will be made only by addenda duly approved and issued by the Town. The Town will not be responsible for any other explanations or interpretations of the Contract Documents. B. Addenda. It shall be the Bidder’s responsibility to check for addenda issued to this IFB. Any addendum issued by the Town with respect to this IFB will be available at: Town of Fountain Hills Town Hall, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268 Town of Fountain Hills website at: www.fh.az.gov/for-business.aspx C. Approval of Substitutions. The Materials, products, and equipment described in this IFB establish a standard or required function, dimension, appearance and quality to be met by any proposed substitution. No substitute will be considered unless written request for approval has been received by the Town Representative at least ten days prior to the Bid Deadline. Each such request shall include the name of the Material or equipment for which it is to be substituted and a complete description of the proposed substitute, including any drawings, performance and test data and any other information necessary for evaluation of the proposed substitute. If a substitute is approved, the approval shall be by written addendum to the IFB. Bidder shall not rely upon approvals made in any other manner. D. Use of Equals. When the Scope of Work or Specifications for Materials, articles, products and equipment include the phrase “or equal,” Bidder may bid upon and use Materials, articles, products and equipment that will perform equally the duties imposed by the general design. The Town Representative will have the final approval of all Materials, articles, products and equipment proposed to be used as an “equal.” No such “equal” shall be purchased or installed without prior, written approval from the Town Representative. Approvals for “equals” before Bid Opening may be requested in writing to the Town Representative for approval. Requests must be received at least ten days prior to the Bid Deadline. The request shall include the name of the Material, article, product or equipment for which the item is sought to be considered an equal and a complete description of the proposed equal including any drawings, performance and test data and any other information necessary for approval of the equal. All approval of equals shall be issued in the form of written addendum or amendment, as applicable, to this IFB or the Contract. E. Bid Quantities. It is expressly understood and agreed by the parties hereto that the quantities of the various classes of Services and/or Materials to be furnished under this Contract, which have been estimated as stated in the Bidders’ Offer, are only approximate and are to be used solely for the purpose of comparing, on a consistent basis, the Bidders’ Offers presented for the Work under this Contract. The selected TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 5 Contractor agrees that the Town shall not be held responsible if any of the quantities shall be found to be incorrect and the Contractor will not make any claim for damages or for loss of profits because of a difference between the quantities of the various classes of Services and/or Materials as estimated and the Services and/or Materials actually provided. If any error, omission or misstatement is found to occur in the estimated quantities, the same shall not (1) invalidate the Contract or the whole or any part of the Scope of Work, (2) excuse Contractor from any of the obligations or liabilities hereunder or (3) entitle Contractor to any damage or compensation except as may be provided in this Contract. 2.5 Prospective Bidders’ Conference. A Prospective Bidders’ Conference may be held. If scheduled, the date and time of the Prospective Bidders’ Conference will be indicated on the cover page of this IFB. The Prospective Bidders’ Conference may be designated as mandatory or non-mandatory on the cover of this IFB. Bids shall not be accepted from Bidders who do not attend a mandatory Prospective Bidders’ Conference. Bidders are strongly encouraged to attend those Prospective Bidder’s Conferences designated as non-mandatory. The purpose of the Prospective Bidders’ Conference will be to clarify the contents of the IFB in order to prevent any misunderstanding of the Town’s requirements. Any doubt as to the requirements of this IFB or any apparent omission or discrepancy should be presented to the Town at the Prospective Bidders’ Conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the IFB. Oral statements or instructions will not constitute an amendment or addendum to the IFB. 2.6 New Materials. All Materials to be provided by the Contractor and included in the Bid shall be new, unless otherwise stated in the Specifications. 2.7 Pricing. Work shall be provided at the unit prices as set forth in the Price Sheet attached hereto as Exhibit B and incorporated herein by reference. Bid Prices shall be submitted on a per unit basis by line item, when applicable and include all applicable sales tax. In the event of a disparity between the unit price and extended price, the unit price shall prevail. NOTE: All pricing blanks must be filled in. Empty or unfilled spaces in the Price Sheet shall be deemed as a NO BID entry for that item. 2.8 Subcontracts. Bidders shall submit a listing of all proposed Subcontractors or suppliers that the Bidder intends to utilize relating to the Project, in the form attached hereto as Exhibit C. Failure on the part of the Bidder to complete or improperly complete the Subcontractor Listing will constitute sufficient cause for rejection. Proposed Subcontractors shall qualified and have the requisite licenses and be licensed to do business in the State of Arizona. The Bidder may list itself by writing “Self” adjacent to the category of work for which the Bidder assumes responsibility for performance of the Work assumes the responsibility of the Subcontractor. Subcontractor Listings submitted by unsuccessful Bidders will be returned, unopened, unless required in order to determine responsibility and responsiveness of the Subcontractors and the Bidder’s Offers. The Town reserves the right to review and reasonably object to the Subcontractors proposed, and the selected Contractor shall not retain a Subcontractor to which the Town has a reasonable objection. 2.9 Payment; Discounts. Any Bid that requires payment in less than 30 Days shall not be considered. Payment discounts of 30 Days or less will not be deducted from the Bid Price in determining the low Bid. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet. 2.10 Taxes. The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Sales tax, if any, shall be included in the unit price for each line item. It shall not be considered a lump sum payment item. Bidder should not include tax on any allowances. It is the sole responsibility of the Bidder to determine any applicable State tax rates and calculate the tax accordingly. Failure to accurately tabulate any applicable taxes may result in a determination that a Bid is non-responsive. The Bidder shall not rely on, and shall independently verify, any tax information provided by the Town. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 6 2.11 Federal Funding. It is the responsibility of the Bidder to verify and comply with federal requirements that may apply to the Work (the “Federal Requirements”). It is also the responsibility of the Bidder to incorporate any necessary amounts in the Bid to accommodate for required federal record-keeping, necessary pay structures or other matters related to the Federal Requirements, if any. 2.12 Cost of Bid/Proposal Preparation. Bids submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation; the Bidder is responsible for all costs incurred in responding to this IFB. All materials and documents submitted in response to this IFB become the property of the Town and will not be returned. 2.13 Public Record. All Bids shall become the property of the Town. After Contract award, Bids shall become public records and shall be available for public inspection in accordance with the Town’s Procurement Code, except that any portion of a Bid that was designated as confidential pursuant to Section 2.14 below shall remain confidential from and after the time of Bid opening to the extent permitted by Arizona law. 2.14 Confidential Information. If a Vendor/Bidder believes that a Bid, Specification, or protest contains information that should be withheld from the public record, a statement advising the Procurement Agent of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor or Bidder as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney determines that it is proper to disclose the information, the Procurement Agent shall inform the Vendor or Bidder in writing of such determination. 2.15 Vendor Licensing and Registration. Prior to the award of the Contract, the successful Bidder shall (A) be registered with the Arizona Corporation Commission and authorized to do business in Arizona and (B) have a completed Request for Vendor Number on file with the Town Financial Services Department. Bidders shall provide license and certification information with the Bid, attached as Exhibit D and incorporated herein by reference. Upon the Town’s request, corporations, limited liability companies, partnerships or other entities shall provide Certificates of Good Standing from the Arizona Corporation Commission. 2.16 Bidder Qualifications. A. Experience and References. Bidder must demonstrate successful completion of at least three similar projects within the past 60 months, one of which must have a dollar value of at least 75% of the total bid for this Project as set forth in the Price Sheet, attached as Exhibit B. Total bid price does not include any Town allowances identified. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this Project in size, nature and scope. References for these three projects shall be listed on the sheet attached hereto as Exhibit E and incorporated herein by reference. These references will be checked, and it is Bidder’s responsibility to ensure that all information is accurate and current. Bidder authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. B. Investigation. The Town’s representative may conduct any investigation deemed necessary to determine the Bidder’s ability to perform the Work in accordance with the Contract Documents. The three lowest Bidders may be requested to submit additional documentation within 72 hours to assist the Town in its evaluation. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 7 2.17 Certification. By submitting a Bid, the Bidder certifies: A. No Collusion. The submission of the Bid did not involve collusion or other anti- competitive practices. B. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. C. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer, agent or elected official in connection with the submitted Bid or a resultant Contract. In the event that the resultant Contract is canceled pursuant to Subsection 3.13(E) below, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. D. Financial Stability. It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Contract. E. No Signature/False Statement. The signature on the Bid and the Vendor Information Form is genuine. Failure to sign the Bid or the Vendor Information Form, or signing either with a false statement, shall void the submitted Bid and any resulting Contract, and the Bidder may be debarred from further bidding in the Town. 2.18 Bid Bond. All Vendors desiring to prepare a responsive Bid shall submit a non-revocable bid security payable to the Town in the amount of ten percent (10%) of the total Bid Price. This security shall be in the form of a bid bond, certified check or cashier’s check and must be in the possession of the Town Representative by the Bid Deadline. All bid security from Contractor(s) who have been issued a Notice of Award shall be held until the successful execution of all required Contract Documents and bonds. If the Contractor fails to execute the required contractual documents and bonds within the time specified, or ten Days after Notice of Award if no period is specified, the Contractor may be found to be in default and the Contract terminated by the Town. In case of default, the Town reserves all rights inclusive of, but not limited to, the right to purchase material and/or to complete the Work and to recover any actual excess costs associated with such completion from the Contractor. All bid bonds shall be executed in the form attached hereto as Exhibit F, duly executed by the Bidder as Principal and having as Surety thereon a Surety company holding a Certificate of Authority from the Arizona Department of Insurance to transact surety business in the State of Arizona. Individual sureties are unacceptable. All insurers and sureties shall have, at the time of submission of the proposal, an A.M. Best’s Key Rating Guide of “A-” or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company. As soon as is practicable after the completion of the evaluation, the Town will (A) issue a Notice of Award for those Offers accepted by the Town and (B) return all checks or bonds to those Bidders who have not been issued a Notice of Award. 2.19 Award of Contract. A. Multiple Award. The Town may, at its sole discretion, accept Bidder’s Offer as part of a Multiple Award. B. Line Item Option. Unless the Bidder’s Offer indicates otherwise, or unless specifically provided within the Contract, the Town reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the Town. The Town’s flexibility with respect to the method of award also includes any items bid as alternates, which may be accepted or rejected, in whole or in part, at the Town’s sole discretion. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 8 C. Evaluation. The evaluation of this Bid will be based on, but not limited to, the following: (1) compliance with Scope of Work, (2) Price, including alternates, if any, but excluding taxes and “as-needed” services requested by the Town and (3) Bidder qualifications to provide the Services/Materials. D. Waiver; Rejection; Reissuance. Notwithstanding any other provision of this IFB, the Town expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all Bids or portions thereof and (3) cancel or reissue an IFB. E. Offer. A Bid is a binding offer to contract with the Town based upon the terms, conditions and specifications contained in this IFB and the Bidder’s responsive Bid, unless any of the terms, conditions, or specifications are modified by a written addendum or contract amendment. Bids become binding contracts when the Acceptance of Offer and Notice of Award is executed in writing by the Town. Bidder Offers shall be valid and irrevocable for 90 days after the Bid Opening. F. Protests. Any Bidder may protest this IFB, the proposed award of a Contract, or the actual award of a Contract. All protests will be considered in accordance with the process set forth by the Town Manager or qualified designee. ARTICLE III – GENERAL TERMS AND CONDITIONS 3.1 Term. This Contract shall be effective from the date it is fully executed by the Town and remain in full force and effect for one year thereafter (the “Initial Term”), unless terminated as otherwise provided herein. After the expiration of the Initial Term, this Contract may be renewed for up to four successive one-year terms (each a “Renewal Term”) if (A) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (B) at least 30 days prior to the end of the then-current term of the Contract, the Contractor requests, in writing, to extend the Contract for an additional one-year term and (C) the Town approves the additional one-year term in writing (including any price adjustments), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Contract shall cause the Contract to terminate at the end of the then-current term of this Contract; provided however, that the Town may, at its discretion and with the agreement of the awarded Contractor, elect to waive this requirement and renew this Contract. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Contract shall remain in full force and effect. 3.2 Compensation. The Town shall pay the Contractor for Services completed and accepted by the Town at the rates set forth in the Price Sheet. The Contractor shall not commence any billable Work or provide any Services under this Contract until the Contractor receives an executed purchase order from the Town. 3.3 Payments. The Contractor will be paid on the basis of invoices submitted following acceptance of the Services/Materials. All invoices shall document and itemize all Services performed and Materials delivered in sufficient detail to justify payment and shall include the Work Order number authorizing the transaction and shall be delivered to the Town Accounts Payable address indicated on the face of the Work Order, unless otherwise specified. All transportation charges must be prepaid by the Contractor. If invoice is subject to a cash discount, the discount period will be calculated from the date of receipt of the claim or the Materials, whichever is later. 3.4 Documents. All documents prepared and submitted to the Town pursuant to this Contract shall be the property of the Town. 3.5 Contractor Personnel. Contractor shall provide adequate, experienced personnel, capable of and devoted to the successful completion of the Services to be performed under this Contract. Contractor agrees to assign specific individuals to key positions. If deemed qualified, the Contractor is encouraged to hire Town residents to fill vacant positions at all levels. Contractor agrees that, upon commencement of the Services to be TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 9 performed under this Contract, key personnel shall not be removed or replaced without prior written notice to the Town. The term “Key Personnel” means individuals who will be directly assigned to this Project and includes, but is not limited to, the owner, principals, project manager, project superintendent, scheduler, engineer and supervisory personnel. At least two of the Bidder’s Key Personnel must have a minimum of three years’ experience in similar projects (defined above) and the scheduler must have experience in employing scheduling techniques appropriate for this Project. Resumes of Key Personnel shall be submitted upon request by the Town’s representative. If Key Personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Contractor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 3.6 Inspection; Acceptance. All Work shall be subject to inspection and acceptance by the Town at reasonable times during Contractor’s performance. The Contractor shall provide and maintain a self-inspection system that is acceptable to the Town. 3.7 Licenses; Materials. Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor. The Town has no obligation to provide Contractor, its employees or Subcontractors any business registrations or licenses required to perform the specific Services set forth in this Contract. The Town has no obligation to provide tools, equipment or Material to Contractor. 3.8 Performance Warranty. Contractor warrants that the Services rendered will conform to the requirements of this Contract and to the highest professional standards in the field. 3.9 Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the Work or Services of the Contractor, its officers, employees, agents, or any tier of Subcontractor in the performance of this Contract. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 3.10 Changes; Cancellation. The Town reserves the right to cancel or make changes in the Services or Materials to be furnished by the Contractor within a reasonable period of time after issuance of Work Orders. If such changes cause an increase or decrease in the amount due under the Work Order, or in the time required for Contractor’s performance, an acceptable adjustment shall be made and the Work Order shall be modified in writing accordingly. Any agreement for adjustment must be asserted in writing within ten days from when the change is ordered. Should a Work Order be canceled, the Town agrees to reimburse the Contractor but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of a notice of cancellation from the Town, or for lost profits, shipment of product or costs incurred prior to issuance of a Work Order. 3.11 Insurance. A. General. 1. Insurer Qualifications. Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 10 REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Contract at the Town’s option. 2. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Contractor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Contract but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Contract or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Contract. 3. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Contract. 4. Coverage Term. All insurance required herein shall be maintained in full force and effect until all Work or Services required to be performed under the terms of this Contract are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Contract. 5. Primary Insurance. Contractor’s insurance shall be primary insurance with respect to performance of this Contract and in the protection of the Town as an Additional Insured. 6. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. 7. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the Work or Services of Contractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. 8. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Contractor shall be solely responsible for any such deductible or self-insured retention amount. 9. Use of Subcontractors. If any Work under this Contract is subcontracted in any way, Contractor shall execute written agreement with its Subcontractors containing the indemnification provisions set forth in this subsection and insurance requirements set forth herein protecting the Town and Contractor. Contractor shall be responsible for executing any agreements with its Subcontractor and obtaining certificates of insurance verifying the insurance requirements. 10. Evidence of Insurance. Prior to commencing any Work or Services under this Contract, Contractor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Contract, issued by Contractor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 11 specified herein and provide the required coverages, conditions and limits of coverage specified in this Contract and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Contract. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. If any of the policies required by this Contract expire during the life of this Contract, it shall be Contractor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Contract shall be identified by referencing this Contract. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Contract. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Contract will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: a. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (i) Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (ii) Auto Liability - Under ISO Form CA 20 48 or equivalent. (iii) Excess Liability - Follow Form to underlying insurance. b. Contractor’s insurance shall be primary insurance with respect to performance of the Contract. c. All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of Work or Services performed by Contractor under this Contract. d. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. B. Required Insurance Coverage. 1. Commercial General Liability. Contractor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 12 fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. 2. Vehicle Liability. Contractor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor’s Work or Services under this Contract. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. 3. Professional Liability. If this Contract is the subject of any professional Services or Work, or if the Contractor engages in any professional Services or Work adjunct or residual to performing the Work under this Contract, the Contractor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Contractor, or anyone employed by the Contractor, or anyone for whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. 4. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Contractor’s employees engaged in the performance of Work or Services under this Contract and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. C. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 3.12 Applicable Law; Venue. This Contract shall be governed by the laws of the State of Arizona and suit pertaining to this Contract may be brought only in courts in Maricopa County, Arizona. 3.13 Termination; Cancellation. A. For Town’s Convenience. This Contract is for the convenience of the Town and, as such, may be terminated without cause after receipt by Contractor of written notice by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed Services performed and Materials delivered to the termination date. B. For Cause. If either party fails to perform any obligation pursuant to this Contract and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non- defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Contract immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (1) provides written notice to the non-defaulting party and (2) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 13 C. Due to Work Stoppage. This Contract may be terminated by the Town upon 30 days’ written notice to Contractor in the event that the Services are permanently abandoned. In the event of such termination due to Work stoppage, payment shall be made by the Town to the Contractor for the undisputed portion of its fee due as of the termination date. D. Conflict of Interest. This Contract is subject to the provisions of ARIZ. REV. STAT. § 38- 511. The Town may cancel this Contract without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Contract on behalf of the Town or any of its departments or agencies is, at any time while the Contract or any extension of the Contract is in effect, an employee of any other party to the Contract in any capacity or a consultant to any other party of the Contract with respect to the subject matter of the Contract. E. Gratuities. The Town may, by written notice to the Contractor, cancel this Contract if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer, agent or employee of the Town for the purpose of securing this Contract. In the event this Contract is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Contractor an amount equal to 150% of the gratuity. F. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in the Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which the Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Vendor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Vendor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 3.14 Miscellaneous. A. Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Contractor acknowledges and agrees that all Services and Materials provided under this Contract are being provided as an independent contractor, not as an employee or agent of the Town. Contractor, its employees and Subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual Work of Contractor, its employees or Subcontractors. The Contractor, and not the Town, shall determine the time of its performance of the Services provided under this Contract so long as Contractor meets the requirements of its agreed Scope of Work as set forth in Section 2.1 above and in Exhibit A. Contractor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine business operations under this Contract. B. Laws and Regulations. The Contractor shall keep fully informed and shall at all times during the performance of its duties under this Contract ensure that it and any person for whom the Contractor is TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 14 responsible remains in compliance with all rules, regulations, ordinances, statutes or laws affecting the Services or Materials including, but not limited to, the following: (1) existing and future Town and County ordinances and regulations; (2) existing and future state and federal laws; and (3) existing and future Occupational Safety and Health Administration standards. C. Contract Amendments. This Contract may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Contractor; provided, however, that Change Orders may be issued and approved administratively by the Town when such changes do not alter the Contract Price. D. Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Contract will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Contract will promptly be physically amended to make such insertion or correction. E. Severability. The provisions of this Contract are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Contract which may remain in effect without the invalid provision or application. F. Entire Agreement; Interpretation; Parol Evidence. This Contract represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Contract are hereby revoked and superseded by this Contract. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Contract. This Contract shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the Contract. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Contract. G. Assignment; Delegation. No right or interest in this Contract shall be assigned or delegated by Contractor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Contractor in violation of this provision shall be a breach of this Contract by Contractor. H. Subcontracts. No subcontract shall be entered into by the Contractor with any other party to furnish any of the Services or Materials specified herein without the prior written approval of the Town. The Contractor is responsible for performance under this Contract whether or not Subcontractors are used. I. Rights and Remedies. No provision in this Contract shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Contract. The failure of the Town to insist upon the strict performance of any term or condition of this Contract or to exercise or delay the exercise of any right or remedy provided in this Contract, or by law, or the Town’s acceptance of and payment for Services, shall not release the Contractor from any responsibilities or obligations imposed by this Contract or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Contract. J. Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Contract or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 15 K. Liens. All Services or Materials shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. L. Offset. 1. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Contract. 2. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. M. Notices and Requests. Any notice or other communication required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if (1) delivered to the party at the address set forth below, (2) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (3) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Kenneth W. Buchanan, Town Manager With copy to: GUST ROSENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. If to Contractor: _________________________________ _________________________________ _________________________________ Attn: ____________________________ or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (1) when delivered to the party, (2) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (3) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing 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. N. Overcharges by Antitrust Violations. The Town maintains that, in practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the Town any and all claims for such overcharges as to the goods and services used to fulfill the Contract. O. Force Majeure. Except for payment for sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 16 includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; floods; lockouts, injunctions-intervention-acts, or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party, in accordance with subsection 3.14(M), of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with this Contract. Force majeure shall not include the following occurrences: 1. Late Delivery. Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, an oversold condition of the market, inefficiencies or similar occurrences. 2. Late Performance. Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with this Subsection 3.14(O). Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. If either party is delayed at any time in the progress of the Work by force majeure, then the delayed party shall notify the other party in accordance with Subsection 3.14(M) and shall make a specific reference to this Section, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing. The time of Substantial Completion or Final Completion shall be extended by written Contract amendment for a period of time equal to the time that the results or effects of such delay prevent the delayed party from performing in accordance with this Contract. P. Confidentiality of Records. The Contractor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Contract shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Contractor’s duties under this Contract. Persons requesting such information should be referred to the Town. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under this Contract. Q. Records and Audit Rights. To ensure that the Contractor and its Subcontractors are complying with the warranty under subsection 3.14(R) below, Contractor’s and its Subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Contract, including the papers of any Contractor and its Subcontractors’ employees who perform any Work or Services pursuant to this Contract (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (1) evaluation and verification of any invoices, payments or claims based on Contractor’s and its Subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of Work under this Contract and (2) evaluation of the Contractor’s and its Subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 3.14(R) below. To the extent necessary for the Town to audit Records as set forth in this subsection, Contractor and its Subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its Subcontractors’ facilities, from the effective date of this Contract for the duration of the Work and until three years after the date of final payment by the Town to Contractor pursuant to this Contract. Contractor and its Subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Contractor or its Subcontractors reasonable advance notice of intended audits. Contractor shall require its Subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Contract. TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT DS 2015-122 2206224.1 17 R. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Contractor and its Subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT.§ 23-214(A). Contractor’s or its Subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Contract and may result in the termination of this Contract by the Town. S. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Contract, the IFB, the Scope of Work, any Town-approved Purchase Order, the Price Sheet, any Town-approved Work Orders, invoices and the Contractor’s response to the IFB, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2.1 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific quantities, configurations or delivery dates, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any Work Order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Contract shall not alter or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Contract. T. Non-Exclusive Contract. This Contract is entered into with the understanding and agreement that it is for the sole convenience of the Town of Avondale. The Town reserves the right to obtain like goods and Services from another source when necessary. U. Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Contractor. Contractor may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Contract in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Contract shall be transacted solely between the requesting Eligible Procurement Unit and Contractor. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Contract. The Town shall not be responsible for any disputes arising out of transactions made by others. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2206224.1 EXHIBIT A TO INVITATION FOR BIDS NO. DS 2015-122 [Scope of Work] See following pages. 2206224.1 SCOPE OF WORK DRAINAGE PARCEL MAINTENANCE DS 2015-122 1. Work Site. 1.1 Approximately 100 drainage channels (the “Work Site”) located throughout Fountain Hills. The Town will provide directions or maps showing each location to the awarded Contractor. 1.2 Work Site is topographically steep and subject to adverse conditions including rattlesnakes, scorpions and other desert wildlife. 2. Work to be Performed. 2.1 Vegetation removal. A. Remove all vegetation to the ground. B. Remaining stumps to be treated with “Capstone” (or equivalent) stump killer. C. All cut vegetation must be removed and taken to a Town-approved landfill or reclamation facility for disposal. 2.2 Collect and dispose of all trash located at the Work Site. 2.3 Remove water flow impediments, including, but not limited to, silt buildup. 2.4 Provide town-approved traffic control when necessary. 3. Requirements. 3.1 Labor. A. Three physically capable, competent workers at least 18 years of age. B. One of the workers shall be designated and appropriately trained as the foreman of the crew who will be at the Work Site at all times. The foreman will also be Contractor’s representative, who shall have full authority to receive communications for and act on behalf of Contractor. C. At a minimum, the foreman shall be fluent in reading, writing and speaking English. D. Work hours are 7:00 a.m. to 3:30 p.m. during winter hours (January through March), Monday through Friday, with a half-hour lunch period unless otherwise authorized by the Contract Administrator. No travel time is permitted to and from the Work Site; work hours start when workers are at the Work Site. E. Workers shall be appropriately dressed and equipped with safety gear. Attire shall include sturdy work boots and long, heavy-duty pants. Appropriate safety gear may include, but not be limited to, ear plugs, chain guards, goggles, chaps or leggings. 2206224.1 A-2 F. Foreman must be equipped with a cell phone at no cost to the Town. G. Contractor will be paid as follows for rain-out and flood-out days: 1. Two hours pay for showing up, but unable to work. 2. Four hours pay if crew worked longer than two hours. 3. Eight hours pay if crew worked longer than 4 hours. 3.2 Equipment and Materials. The Town will provide all trash bags. The Contractor shall be responsible for the following equipment and materials: A. One truck (and gas) for transporting workers. Personal vehicles of workers shall be parked at the south end of the Town Hall parking lot and not driven into the Work Site. B. One trailer to haul cut vegetation. C. All equipment and tools necessary to do the work; i.e., chain saws, shovels, rakes, gloves, etc., including replacement parts. D. Vegetation and stump killer. 3.3 Contractor to provide drinking water for all workers. Contractor’s crew will have access to toilet facilities in Town-owned parks and buildings. 3.4 Non-workers including, but not limited to, spouses, children and pets are not allowed at the Work Site. 3.5 Failure to provide the specified number of capable workers or equipment will result in reduced payment. Continued or repeated failure will result in dismissal by the Contract Administrator. 3.6 Any worker performing unsatisfactory is subject to dismissal by the Contract Administrator. 2206224.1 EXHIBIT B TO INVITATION FOR BIDS NO. DS 2015-122 [Price Sheet] See following page. PRICE SHEET DRAINAGE PARCEL MAINTENANCE DS 2015-122 NOTE:All pricing blanks must be filled in.Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. Description of Services Price Per Day Three workers,equipment and materials to remove and dispose of vegetation,water flow impediments and trash from the Town's drainage channels per the scope of work.*•A///» *BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES. 2206224.1 2206224.1 EXHIBIT C TO INVITATION FOR BID NO. DS 2011-02 [Subcontractor Listing] See following page. SUBCONTRACTOR LISTING DRAINAGE PARCEL MAINTENANCE DS 2015-122 Provide the following information in a separate,sealed envelope,clearly marked "Subcontractors Listing."Failure on the part of the Bidder to complete or improperly complete this form will constitute sufficient cause for rejection. List only a single name for each category.Subcontractors listed herein shall be utilized on this Project. Category Subcontractor vlA /uIA 2206224.1 2206224.1 EXHIBIT D TO INVITATION FOR BIDS NO. DS 2015-122 [Licenses; Certifications; DBE/WBE Status] See following page. LICENSES;CERTIFICATIONS;DBE/WBE STATUS DRAINAGE PARCEL MAINTENANCE DS 2015-122 Attach a copy of your Contractor's License and applicable certifications to your bid submittal. Attach a copy of your Business License* to your bid submittal. *Business License must be either a Town of Fountain Hills Privilege Tax Business License or an Arizona Transaction Tax (sales) Privilege Tax License Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise?Yes ,No \/. Ifyes, please provide details and documentation of the certification. 2206224.1 STATE OF ARIZONA f)9P- License No.ROC 294307qLtk Thisis to Certify That LaLLa Salma LLC DBA (if any) Having beenshown to possess all the necessary qualifications,andhavingcomplied with all the requirements ofthelaw, is by order of the Registrar of Contractors duly licensedand admitted toengage inandpursue the business of CR21 Landscaping and Irrigation Systems Contractor in the State ofArizona.Given myhandand the seal of the Registrar of Contractors in myoffice, City ofPhoenix, on 09/15/2014 DIRECTOR,ARIZONA REGISTRAR OF CONTRACTORS RECEIPT Please retain for your records i own ot rountain rims 16705 East Avenue of the Fountains Fountain Hills,AZ 85268 (480)816-5100 BUSINESS LICENSE THIS LICENSE EXPIRES 06/30/2015 License Number 4872 Account Number:2651 Business Name: Mailing Address: Dhysical Address: LA LLA SALMA LLC DBA VERDE VALLEY NURSERY 12025NSAGUAROBLVD FOUNTAIN HILLS AZ 85268 12025N SAGUARO BLVD FOUNTAIN HILLS AZ 85268 Mature of Business:NURSERY Date Issued:July 02,2014 Fown Clerk Total Paid:50.00 accordance with Town of Fountain Hills,Arizona Town Code,Chapter 8 as added or amended,the person or firm is hereby jthorized to conduct business in the Town of Fountain Hill.Th?s License is NON-Transferable ARIZONA DEPARTMENT OF REVENUE LICENSE &REGISTRATION SECTION 1600 WEST MONROE PHOENIX, ARIZONA 85007-2650 TRANSACTION PRIVILEGE TAX LICENSE -NOT TRANSFERABLE- EFFECTIVE DATE June 1,2014 The licensee listed below is licensed to conduct business upon the condition that taxes are paid to the Arizona Department of Revenue as required under provisions of A.R.S.Title 42,Chapter 5,Article 1. Issued To 1400039045616 LALLA SALMA LLC VERDE VALLEY NURSERY 12025 NSAG UAROBLVD FOUNTAIN HILLS AZ 85268 Location: VERDE VALLEY NURSERY 12025 N SAG UAROBLVD FOUNTAIN HILLS AZ 85268 21030297 BUSINESS CLASS 017 Retail ALL communications and reports MUST REFER to this LICENSE NO. PROGRAM CITIES FOUNTAIN HILLS This License is issued to the business named above for the address shown.Licenses,by law,cannot be transferred from one person to another,nor can they be transferred from one location to another.Arizona law requires licensees to notify the Department of Revenue if there is a change in business name,trade name,location,mailing address,or ownership. In addition,when the business ceases to operate or the business location changes and a new license is issued,this licensemust be returnedtothe Arizona DepartmentofRevenue. According to R15-5-2201,licensemustbe displayed ina conspicuousplace. 14UUU3/743956 ARIZONA DEPARTMENT OF REVENUE QTATC OC Ad^AMAATTN:Taxpayer and External Services W I M I t Ui"MKIZONA 1600 WEST MONROE STREET phoenix,A2 85007 Department of Revenue AnthonyC Forschino Assistant Director Robert Ellis May 19,2014 Administrator LALLA SALMA LLC VERDE VALLEY NURSERY 14453 S46TH ST PHOENIX AZ 85044 RCRRR622 ttti^j^jzxgs*rtration-We want ,o provide you mh in— Information you need to file successfully: 1.Your Federal Identification Number (EIN)46-4958678 is also the account number used for vour ^^^S^IT^re'erenCe 'hiS "Umber'"a"oo-Pon^rC^Us 2 You listed your business start date is April 1,2014.Withholding returns are due quarterly You are Reqrmbe°r IT*^^^*V *e ,aSt ^°f the month fo,,owin9the c,°^each pej ^Remember that you must file every return whether or not you have sales and/or tax to report. LIl^«lthh0'?r!?aV,era9uf m°re than $1 >50°per quarter>y°u must submit Payments on the samescheduleasyourfederalwithholding. fo ^^^,1^?nth'y °L^T^fi,er'V°U wHI Use Form AUQRT'You wjn be notified *you qualifytourInn^mhl !h mWh,c?,cafe'y°u wjil need t0 «•Form A1-APR.It is imperative that you includeyourEINnumberwhenyoufilethesereturnstogetcreditforyourpayment. 5 For additional information on filing and payment options,including on-line payment and accountinquiries,visit our website at www.wwwa^^gnu a Hy amount Please note additional information enclosed that will assist you with doing business in the State of Arizona. PT70-019 Visit us on the web at http://www.azdor.gov 2206224.1 EXHIBIT E TO INVITATION FOR BIDS NO. DS 2015-122 [References] See following page(s). REFERENCES DRAINAGE PARCEL MAINTENANCE DS 2015-122 Provide the following information for three clients for whom Bidder has successfully completed similar projects as set forth in Section 2.16 within the past 60 months.Failure to provide three accurate and suitable references will result in disqualification.Biddermayalso attachanother sheet with additional references. 3. Company: Address: City/State/Zip Code: Contact: Telephone Number: Date of Contract Initiation: Date of Contract Expiration: Project Description: Contract Value: Annual Amount: Company: Address City/State/Zip Code Contact: Telephone Number: Date of Contract Initiation: Redact| Sus t<Au. £J2^)~Uunhcx]- i;.Lark.C+- Redact -3. Date of Contract Expiration:ft?"^Io?/^jW Project Description:CWajaA f &£&&£«&e^\<kr*.t\,±C{ftW»?s Contract Value: Annual Amount: Company: Address City/State/Zip Code Contact: Telephone Number: Daleof Contract Initiation: Date of Contract Expiration:C^C^cD V>-(v <!>?&\{\ Project Description:CApar-^l/gfteW^'.cn h Cc^^-A -\o ^\£fru&jJcfc-'^V*1^ Contract Value- Annual Amount: jj ,-QCOOO id ^h <\ •&g*A GkDkLJs±A(l "Roy^-CW —CfpHvy S ^Pxv&j rf^O 2206224. 2206224.1 EXHIBIT F TO INVITATION FOR BIDS NO. DS 2015-122 [Bid Bond] See following page. ♦♦Issued In Duplicate** BID BOND DRAINAGE PARCEL MAINTENANCE DS 2015-122 KNOW ALL PERSONS BY THESE PRESENTS: THAT,LaLLa Salma LLCdba Verde Valley Nursery called Principal), as Principal, and U.S.Specially Insurance Company (hereinafter _,a corporation organized and existing under the laws of the State of Texas with its principal office in the City of Los Angeles,ca _,(hereinafter called the Surety), as Surety, are held and firmly bound unto the Town of Fountain Hills,(hereinafter called the Obligee)in the penal sum of Ten Percent (10%) OfBid Amount,Seven Thousand Five Hundred and No/100 (Dollars)($7,500.00-) lawful money of the United States of America,to be paid to the order of the Town of Fountain Hills, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,firmly by these presents and in conformance with A.R.S. Section 34-201. WHEREAS, the Principal has submitted a bid/proposal for:ds 2015-122 drainage parcel maintenance NOW, THEREFORE, if the Obligee accepts the proposal of the Principal and the Principal enters into a Contract with the Obligee in accordance with the terms of the proposal and gives the Bonds and Certificates of Insurance as specifiedintheStandard Specifications withgood and sufficientsuretyforthe faithful performance of the Contract and for the prompt payment of labor and materials furnished in the prosecution of the Contract, or in the event of the failure of the Principal to enter into the Contract and give the Bonds and Certificates of Insurance, if the Principal pays to the Obligee the difference not to exceed the penalty of the Bond between the amount specified in the proposal and such larger amount for which the Obligee may in good faith contract with another partyto perforinthe Workcovered by the proposal then this obligation is void. Otherwiseit remainsin full force and effect provided, however, that this Bond is executed pursuant to the provisions of Section 34-201, Arizona Revised Statutes, and all liabilities on this Bond shall be determined in accordance with the provisions of the section to the extent as if it were copied at length herein. The prevailing party in a suit on this bond shall recover as part of the judgment reasonable attorney fees that may be fixed by a judge of the Court. Witness our hands this 14,h day of January 2015 LaLLa Salma LLC dba Verde Valley Nursery Principal Seal Viking Bond Service,Inc. Agency of Record 2206224. POWER OF ATTORNEY American Contractors Indemnity Company Texas Bonding Company United States Surety Company U.S.Specialty Insurance Company KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"),do by these presents make, constitute and appoint: Thomas C.Buckner,Michael J.Herranen,Cynthia Baldonado or William Bclpcdio of Phoenix,Arizona its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders,amendments,and consents of surety,providing the bond penalty does not exceed *****Three Million*****Dollars ($**3,00u,000.00**), This Power of Attorney shall expire without further action on December 8,2016.This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings,including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 10th day of December,2012. American Contractors Indemnity Company Texas Bonding Company „.ci United States Surety Company U.S.Specialty Insurance CompanyCorporateSeals ^%#^%1 /#^%^#^ =£:,sept.2s.i9»••?;=Vi:.'"%JFf/ii !y>i §K,\/\/•*•£=~\v/^C^A?5 »-»••»»•-i -~-.••u •i-t%%•-.,<?/%^.*^',^'/%£\IS^\/*£\\rs*//Daniel P.Aguilar,Vice President ^00^V2£^^^2$^V2i># State of California County of Los Angeles SS: On 10thdayof December,2012, before me,Vanessa Wright,a notarypublic, personally appeared DanielP. Aguilar, Vice Presidentof American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Companywho proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instalment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) in*it a *•*'•>»".f.ft.'KfyV.WRIGHT Commission #1998319 NoltryPublic -CtUIornit to»Angeles County Comm.Expires Dec 8.2016\ mmm m I *»» ' * "' ' • 1, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S.Specialty Insurance Company,do hereby certifythattheaboveand foregoing isa trueandcorrectcopyofa Power of Attorney,executed bysaid Companies,whichisstill in full force andeffect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In WitnessWhereof,Ihave hereuntoset my handand affixed the seals of said Companies at Los Angeles,California this of tim)jx)QxL ,%m§ Corporate Seals Bond No ato ,0***"III, £f.-_I \,V°2 Agency No. 9930 \Ss3i i#&i/ sistant Secretary *'miiiiiMtt*N /KCORE?CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/30/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the poiicy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Guardian Insurance Group 8282 W Cactus Rd Ste E-146 Peoria INSURED Lalla Salma LLC 12025 NSaguaroBlvd Fountain Hills AZ 85381 AZ 85268 CONTACT NAME: PTTORE (A/C,No,Ext) ADDRESs7thull611@gmail.com Tammy Hull (623)505-7443 INSURER(S)AFFORDING COVERAGE INSURER A:PEKIN INSURER C FAX {A/C,No): COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUUL INSD 5UBK WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS A •COMMERCIAL GENERAL LIABILITY X X CL0195372 12/30/2014 12/30/2015 EACH OCCURRENCE $1000000 CLAIMS-MADE |)/\OCCUR UAMAUb IU KEN I bU PREMISES (Ea occurrence)S 100000 MED EXP (Any one person)S 5000 PERSONAL &ADV INJURY s 1000000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE S 2000000 POLICY |\Pjggi ||LOC OTHER: PRODUCTS -COMP/OP AGG S 2000000 s A AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT (Ea accident)s ANY AUTO BODILY INJURY (Per person)S 1000000 ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident)S 1000000 HKOPbK IY DAMAGE (Per accident)S 1000000 s UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE s AGGREGATE $ DED RETENTION S s A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY y,N <\NY PROPRIETOR/PARTNER/EXECUTIVE r—-i OFFICER/MEMBER EXCLUDED?Y (Mandatory in NH>'' Ifyes,describe under DESCRIPTION OF OPERATIONS below N/A •PER STATUTE OIH- ER E.L.EACH ACCIDENT $500000 E.L.DISEASE -EA EMPLOYEE $500000 E.L.DISEASE -POLICY LIMIT S 1000000 DESCRIPTIONOF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) TOWN OF FOUNTAIN HILLSITS AGENTS,REPRESENTATIVES,OFFICERS,DIRECTORS,OFFICIALS AND EMPLOYEES ARE ADDITIONAL INSURED WITHA WAIVEROF SUBROGATION, PRIMARYAND NONCONTRIBUTORY APPLIES TO GENERAL LIABAND AUTO LIABILITY POLICIES. CERTIFICATE HOLDER CANCELLATION TOWN OF FOUNTAIN HILLS 16705 E AVENUE OF THE FOUNTAINS FOUNTAIN HILLS,AZ 85268 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 2206224.1 EXHIBIT G TO INVITATION FOR BIDS NO. DS 2015-122 [Acknowledgments of Addenda received] See following page(s). 2289738.1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT INVITATION FOR BIDS DRAINAGE PARCEL MAINTENANCE Addendum No. 1 Date: December 23, 2014 From: Raymond Rees, Town Representative Subject: Addendum No. 1 to Solicitation No. DS 2015-122 Bid Deadline: January 14, 2015, 3:00 p.m. (local time, Phoenix, Arizona) SCOPE This Addendum forms a part of the Contract and clarifies, corrects, or modifies the original Invitation for Bids document prepared by the Town of Fountain Hills. Acknowledge receipt of this addendum in the space provided on the attached “Acknowledgment of Addenda Received” form. This acknowledgement must accompany the submitted bid. Failure to do so may subject the bidder to disqualification. This Addendum No. 1 consists of modifications to (i) Section 3.11(B)(3) (Professional Liability) and (ii) Exhibit C (Price Sheet) for the Invitation for Bids No. DS 2015-122 released on December 10, 2014. ADDENDUM 1. Section 3.11(B)(3) (Professional Liability) is deleted in its entirety and replaced with the following: Intentionally omitted. 2. Exhibit C (Price Sheet) is deleted in its entirety and replaced with the Price Sheet attached hereto as Exhibit 1 and incorporated herein by reference. 2289738.1 EXHIBIT 1 TO INVITATION FOR BIDS NO. DS 2015-122 [Price Sheet] See following page. PRICE SHEET DRAINAGE PARCEL MAINTENANCE DS 2015-122 NOTE:All pricing blanks must be filled in.Empty or unfilled spaces in the Bid Price Sheet shall result in a determination that a Bid is non-responsive. Description of Services Three workers, equipment and materials to remove vegetation, water flow impediments and trash from the Town's drainage channels per the scope of work.Contractor will submit receipts for dump fees as part of the invoice for reimbursement.* Price Per Day %LjC?T^O® *BIDS ARE PRESUMED TO INCLUDE ALL APPLICABLE TAXES. 2289738.1 TOWN OF FOUNTAIN HILLS ACKNOWLEDGMENT OF ADDENDA RECEIVED INVITATION FOR BIDS DRAINAGE PARCEL MAINTENANCE DS 2015-122 Addendum No.1 ;qyr>I Vk?<*6^,affirms that ADDENDUM No.1has been (Name of Vcndor/Dcsignce) received and that the information contained in ADDENDUM No. 1 has been incorporated in formulating the Vendor's Offer. Signed -——"Date "*S*/rO Pf\fO\A^A. Print Name Company Name Address City, State, Zip Code END OF ADDENDUM No.1 2289738.1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov Strategic Values:Not Applicable (NA)Council Goal:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of the FINAL PLAT ABANDONMENT of the "Final Plat of Eagle Ridge North"located in Maricopa County Township 3 North,Range 6 East,Sections 7, 8,and 17. CONSIDERATION of RESOLUTION #2015-03 a RIGHT-OF-WAY ABANDONMENT of EAGLE RIDGE DRIVE as depicted in the Final Plat of Eagle Ridge North,located in Maricopa County Township 3 North, Range 6 East,Sections 7, 8,and 17. CONSIDERATION of the "Adero Canyon FINAL MASTER PLAT"a 431.2 acre,mixed-density residential subdivision located in Maricopa County Township 3 North,Range 6 East,Sections 7, 8, and 17. Case #S2014-10 CONSIDERATION of the "Adero Canyon Parcel 1 FINAL PLAT",a 30-lot single-family subdivision. Case #S2014-07 CONSIDERATION of the "Adero Canyon Parcel 7 FINAL PLAT",a 31-lot single-family subdivision. Case #S2014-08 Applicant:Francisco Lopez,MCO Properties Owner:Adero Canyon LLC /Jeremy Hall 13620 N.Saguaro Blvd Fountain Hills,AZ 85268 Applicant Contact Information: Beus Gilbert PLLC 701 N.44th Street Phoenix,AZ 85008 (480)429-3000 Property Location: Formerly the Eagle Ridge North subdivision (MCR #58026) located at the currentend ofEagle Ridge Drive. Adero Canyon Town Council Staff Report Related Ordinance,Policy or Guiding Principle: Subdivision Ordinance Article 2 -Platting Procedures Subdivision Ordinance Article 3 -Subdivision Design Principles &Standards Subdivision Ordinance Article 4 -Public Improvement Requirements Subdivision Ordinance Article 5 -Grading Standards Subdivision Ordinance Article 6 -Landscaping Standards Staff Summary (background): SURROUNDING LAND USES AND ZONING: NORTH:Town of Fountain Hills McDowell Mountain Preserve (OSP) SOUTH: Cityof Scottsdale (Single-Family Residential)(R1-7,R1-18 &R1-43) EAST:Copperwynd Resort (R5 PUD) &Sunridge Canyon Open Space (OSR) WEST: Cityof Scottsdale Mountain Preserve (R1-43) EAGLE RIDGE NORTH FINAL PLAT ABANDONMENT: A requirement of approval ofthe Adero Canyon Final Master Plat is that the previouslyapproved Eagle Ridge North Final Plat be abandoned.This item accomplishes that requirement. EAGLE RIDGE DRIVE RIGHT-OF-WAY ABANDONMENT:(Res.#2015-03) The location of the Eagle Ridge Drive right-of-way will be changed upon approval of the Adero Canyon Final Master Plat. The previously approved and recorded right-of-way must be abandoned before the new location is approved. This Resolution accomplished that requirement. ADERO CANYON FINAL MASTER PLAT:(Case #2014-10) Town Council approved the Preliminary Master Plat for "Adero Canyon" at the May 1,2014 regular Council meeting subjectto six stipulations.Five are standard stipulations and stipulation "D"required the abandonment of the previously approved Eagle Ridge North Final Master Plat as well as the abandonment of the Eagle Ridge Drive right-of-way. ADERO CANYON PARCEL 1 FINAL PLAT:(Case #2014-07) Town Council approved the Preliminary Platfor "Adero Canyon - Parcel 1"at the May 1,2014 regular Council meeting.Parcel 1 will be developedas single-family homes on 10,000 sf or larger lots.This parcel will contain a total of 30 semi-custom homes on approximately 44.8 acres. Parcel 1 also contains; • The236 ft long emergency vehicle access drive to be installed between the end ofthe new cul-de-sac and the Hidden Hills subdivision in Scottsdale.This access will be gated and used during emergencies only. • The 2,047 ft long bike trail extension from Hidden Hills and connecting to Eagle Ridge Drive.This portion of the trail will be constructed according to the Cityof Scottsdale standards. • A97 ft long access to Scottsdale Mountain Estates, a previously approved,but inaccessible and un-built gated subdivision inScottsdale onthe western boundaryofParcel 1. ADERO CANYON PARCEL 7 FINAL PLAT:(Case #2014-08) Town Council approved the Preliminary Platfor "Adero Canyon -PAD Parcel 7" at the May 1, 2014 regular Council meeting.Parcel 7 will be developed as single-family homeson 10,000 sfor larger lots.This parcel will contain a total of 31 semi-custom homes on approximately 30 acres. Risk Analysis (options or alternatives with implications): Page 2 of5 Adero Canyon Town Council Staff"Report Final Plat Approval is administrative in nature and will allow the applicants to subdivide and develop the property. Denial of the Final Plats will require that the applicants re-design aspects of the proposal in order to address the reasons for denial. Fiscal Impact (initial and ongoing costs;budget status):NA Budget Reference (page number):NA Funding Source:NA If Multiple Funds utilized,list here:NA Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s): Staff recommends approval of the Abandonment of the "Final Plat of Eagle Ridge North"as presented. Staff recommends approval of RESOLUTION #2015-03,the Abandonment of the Eagle Ridge Drive right-of- way as presented. Staff recommends approval of the Adero Canyon Final Master Plat as presented and subject to the six stipulations placed on the Preliminary Master Plat approval. Staff recommends approval of the Parcel 1 Final Plat as presented and subject to compliance with all Fountain Hills ordinance standards as modified in the Adero Canyon Settlement Agreement. Staff recommends approval of the Parcel 7 Final Plat as presented and subject to compliance with all Fountain Hills ordinance standards as modified in the Adero Canyon Settlement Agreement and the Adero Canyon PAD. SUGGESTED MOTIONS: Move to approve the Abandonment of the "Final Plat of Eagle Ridge North"as presented. Move to approve RESOLUTION #2015-03, the Abandonment of the Eagle Ridge Drive right-of-way as presented. Move to approve the Adero Canyon Final Master Plat as presented;subject to items 1-10 of the 1/26/2015 Town Engineer's Memo and the six stipulations placed on the PreliminaryMaster Plat approval. Case #2014-10 Move to approve the Parcel 1 Final Plat as presented;subject to items 1-10 of the 1/26/2015 Town Engineer's Memo and compliance with all Fountain Hills ordinance standards as modified inthe Adero Canyon Settlement Agreement.Case #2014-07 Move to approve ofthe Parcel 7 Final Plat as presented;subject to items 1-10 ofthe 1/26/2015 TownEngineer's Memo and compliance with all Fountain Hills ordinance standards as modified inthe Adero Canyon Settlement Agreement and the Adero Canyon PAD.Case #2014-08 Paae 3 of5 Adero Canyon Town Council Staff Report Attachment(s): 1.Location Map 2.Resolution #15-03 3. Final Master Plat (9 pgs) 4.Parcel 1 Final Plat (4 pgs) 5.Parcel 7 Final Plat (4 pgs) 6.1/26/2015 Town Engineer's Review Memo Submitted by: Robert Rodgents*1/22/2014 Name/Title Date Approved by: Development Services Director Date //*£//* Approved by: Town Manager Date Pase4of5 Location Map Pace 5 of 5 Adero Canyon lown Council Staff Report 1/27/2015 1/27/2015 ght of Way Abandonment SHEET 8 |SHEET 3 ^V= dero Canyon -Parcel fi -. ---,s. . . . •-'. -\ .$ :x • — •\: -i y -~- 1/27/2015 Recommendations i Eagle Ridge North Final Plat m Eagle Ridge Drive Right-of-Way >prove Adero Canyon Final Master Plat approve Adero Canyon Parcel 1 Final Plat Approve Adero Canyon Parcel 7 Final Plat Subject lo the stipulations outlined in the staff report. 1/27/2015 RESOLUTION NO.2015-03 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,PURSUANT TO ARIZ. REV.STAT. §28-7201 ET SEQ.,EXCHANGING CERTAIN PUBLIC ROADWAY LOCATED WITHIN THE TOWN OF FOUNTAIN HILLS WHICH HAS BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE. WHEREAS,the Town of Fountain Hills (the "Town")and MCO Properties LP entered into a Final Settlement Agreement,dated December 4,2001 (the "Original Agreement"),which provided for the approval of a Final Plat of Eagle Ridge North,which was recorded on December 20,2001,in the Official Records of Maricopa County,Arizona,at Recorder's No. 2001-1201370 (the "Original Master Plat"); and WHEREAS,the Original Master Plat provided for dedication of Eagle Ridge Drive to the Town,including an easement for utility and service providers;and WHEREAS,the Town and MCO Properties Inc.,a Delaware corporation (successor in interest to MCO Properties,LP),EN LLC,a Delaware limited liability company and Adero Canyon LLC,a Delaware limited liability company (collectively the "Developer Parties") entered into an Amended and Restated Final Settlement Agreement (the "Agreement")that was approved by the Mayor and Town Council of the Town of Fountain Hills (the "Town Council") on May1, 2014 (Resolution No.2014-08)and recorded on May14, 2014, in the Official Records of Maricopa County,Arizona,at Recorder's No.2014-0314508;and WHEREAS,the scope of the development that is the subject of the Original Agreement and the Restated Agreement has changed,which change will necessitate the abandonment of Eagle Ridge Drive and subsequent dedication ofa new substitute public roadway;and WHEREAS,Ariz.Rev.Stat.§28-7201 et seq.provides for the disposition of unnecessary public roadways;and WHEREAS,the Mayor and Town Council desire to exchange Eagle Ridge Drive for a new substitute public roadway of substantially equal size pursuant to Ariz. Rev.Stat. §28-7203;and WHEREAS,because Eagle Ridge Drive was not constructed, no utilities have been installed within the granted easement; and WHEREAS,utility providers have consented to the exchange so longas their rights are preserved in the substitute public roadway. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,as follows: Section 1. The recitalsset forth above are herebyincorporatedas if fully set forth herein. 2297573.2 Section 2. The public roadway legally described and depicted as Eagle Ridge Drive on the Original Master Plat ("Old Eagle Ridge Drive")is hereby declared to be no longer necessary for public use as roadway and is hereby vacated in exchange for a substitute public roadway subject to: (i) the reservation of a public utility easement for existing public utilities;(ii) the same encumbrances,liens, limitations, restrictions and estates as exist on the Property; and (iii) the Developer Parties (a)dedicating property to the Town via plat that is acceptable to the Town as a substitute public roadway and (b) approval of such plat and recording of same not later than February 12, 2015. If such a dedication is not approved by the Town Council at the same meeting as this Resolution,and subsequently recorded by February 12, 2015, this Resolution shall be deemed null and void without further act of the Town Council. Section 3. Upon recordation of this Resolution in the office of the Maricopa County Recorder, title to the Old Eagle Ridge Drive shall vest in Adero Canyon LLC,subject to the same encumbrances,liens,limitations,restrictions and estates as exist on the land to which it accrues and the terms of this Resolution. Section 4. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps and to execute and deliver all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, February 5.2015. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanagh,Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney 2297573.2 DEDICATION: mow ALL MEN BY TXSC PRESENTS: IHAT AOCRO CANYON.UC A DELAWARE LUTED UABUTY COUPANT.AS OWNER.HAS SUBDIVIDEDUNDER DC NAME Of ADERO CANYON. A PORHON OF SECTIONS 7.t AM)17.TOWNSHtP J NORTH.DANCE S EASI OF THE OLA ANO SALT HVCR BASC ANO UCRXHAN.MARICOPA COUNTY.MIMA.AS SHOWN PLATTED HEREON. ANO HEREBY PUBLISHES IMS PLAT AS ANO TOR THE PLAT OT SAD ASCRO CANYON ANO HEREBY DECLARES THAT SAD PLAT SETS FORTH THE LOCATION ANO OWES IX DUCHSOHS Of TX LOTS. STREETS.TRACTS ANO EASEMENTS CONSTIIUTMC SAUL ANO IHAT EACH LOT.STRUT ANO TRACT SHALL BE KNOWN BY THE NUMBER.HAUC OR LETTER OVEN EACH RESPECTIVELY ON SAD PLAT. ANO UAMTAMO BY THE ADERO CANYON COUUUMTY ASSOCIATION.HC. A TRAIL EASEMENT IS HEREBY DEDICATED ON THIS PLAT TO THE TOWN OT FOUNTAIN KLLS. A PUBLIC UTUTY EASCUCHT (PU.C)IS HEREBYDEtaCAIEDON THS PLAT TOR THE PURPOSESOF HSTA1LATKM.OPERATION. MAMTENANCE.REPAR.REMOVAL.RELOCATION ANO ACCESS AS NECESSARY TO PROVDE PUBLIC UTU1TCS A SEWERUNE EASEUENT IS HEREBY DETXCA1ID ON IMS PLAT TO IX TOW*OF FOUNTAW HUS i HATER UNE CASEMENT IS HEREBY COCATO ON THS PLAT FOR THE PURPOSES OF MSTALLATION. DRAMACC EASEMENTS WU EC DEDICATEDTO TIC TORN OT FOUNTAIN HUS FOR THE EACLE ROSE DRIVE ROAD tOTCXS AW FOR CULVERTS ANO STORM ORAMS OUTSOt OF TX RICHT OT WAY ON TMI VARIOUS PARCEL PLATS M WITNESS WHEREOF: THAT ADERO CANYON.LLC A DELAWARE LUTED UABUTY COMPANY AS OWXR.HAS HEREUNTO CAUSEO THSR NAME TO BE 9CNE0 AM) THE SAME TO BE ATTISItO BY THE UNOSRSCNSD- ADERO CANYON. LLC A DELAWARE LWTEO UABUTY COMPANY BY: ADERO CANYON. LLC A DELAWARE LUTED UABUTY COMPANY. THE GENERAL PARTNER ACKNOWLEDGEMENT: STATE OF ARIZONA ) COUNTY OF UARICOPA) THAT X/»E EXECUTED THE FORECCWC MSTRUMENT FORTX PURPOSES CONTAMEO TXREK M M1MESS WHEREOF I HEREUNTO SET MY HANO AW omOAL SEAL NOTaHY IMAJC UV LUJUUUN EWVES FINAL PLAT for ADERO CANYON FOUNTAIN HILLS,ARIZONA PORTIONS OF SECTIONS 7, 8 *17,TOWNSHIP 3 NORTH. RANGE 6 EAST OF THE GIU AND SALT RIVER BASE AND MERIDIAN,UARICOPA COUNTY,ARIZONA NOTES THS PLAT a SUCLCCT TO DC TERMS ANO 00N0l!ICK$SET FORTH H THE FHAL SETTLEMENT AORtCMCNT.AUENOCD ANO RESTATED MAY 1.2014.BETWEEN TX TOWN OF FOUNTAW HUS.AN ARIZONA MLMOPAL CORPORATION.MCO PROPERTIES.MC.A DELAWARE CORPORATION.SUCCCSSOR-IN-NTEREST TO UOO PROPCBTICS LP.D/B/A MCO PROPERTIS LUTED PARTNERSKP.A DELAWARE LIMITED PARIMRSKP DOHC BUSMESS M IX STATE OF ARIZONA.EN UC O/B/A EN AT FOUHTAMHUS LLC A COLAWARC LUTED UABUTY COMPANY ANO AOERO CANYON ILC A DELAWARE LUTED UABUTY COMPANY. A V RZBAR WITHCAP.RLSAU&U WU. BE SET AT ALL PARCEL AND TRACT CORNERS. GRANT OF EASEMENTS TO CITY OF SCOTTSDALE AH EUEROENCY ACCESS EASEMENT CC90HATES AS 30*CO.S.EMERGENCY ACCESS CASEMENT T-0-0.ON PASC J CT THS PLAT FOR USE BY CMEROCNCY VCWCLCS AM) FOR TEMPORARY PUBLIC VEMCULAR ACCESS M TX EVENT THAT SXA BOULEVARD BETWEEN IJSTM STREET ANO PAUSAOCS BOULEVARD S CLOSED BY EUEROENCY PERSONNEL SO AS TO PERMTT 9CA BOULEVARD PUBUC VEMCULAR TRAFT1C TO BE TEUPORARXV ROUTED ALOHC IMS ACCESS CASEMENT.IT IS UNDERSTOOD AND AGREED THAT TX LOCATION OF IMS EASEMENT IS INTENDED TO UNDERLIE EACLE RSOE OWE AND TX LOCAL STREET CONNECTIONS PROPOSED WITHM THS SUSOVrSON PLAT TO KOOCN HUS •SCOTTSDALC SUSDIVISOH. I PUBLIC PEDESTRIAN. BICYCLE AND OTHER NON-VOCCULAR ACCESS CASEMENT OR WELFARE OF ANY PERSONS,OR THAT WOULD CREATE A SUBSTANTIAL DANCER TO PERSONAL OR REAL PROPERTY OR UNKMMCNTS TXREON.MS DOCS NOT PRCCLUOC TX MSTALLATION OF A CATC ACROSS TX EMERCENCY ACCESS EASEMENT ANO BOLLARDS OR OTHER FORMS OF UHMMCMENTS IHAT WOULD PROW VEMCLES FROM unEOHC IX PEDESTRIAN.BCYCLC ANO OTHER NCN-VCMCULAR ACCESS EASEMENT. OWNER SHALL,AT ITS EXPENSE,UAMTAH TX CASEMENTS AND SMALL NOT ALLOW ANY REFUSE.OESBS.VCCCTATWH,OR OTHER SUCH OBSTRUCTION TO ACCUMULATE CN COLLECT H IX CASEMENTS.OR ANY IMPROVEMENT tXRECN. TX BENEFIT OF TX PARTES HERETO.AND TXtt RESPECTIVE XWS.EXCCUTORS, ADMMSTTUTORS,SUCCESSORS.AS9CNS.AND LCCAL REPRESENTATIVES.HCLUOMC EPCOR RATIFICATION THAT TX UNDCRSKXEO.XRESY RAWttS,AFFIRMS ANO APPROVES THIS PLAT. H TRTNCSS WHEREOF.TX UWCROCNCO HAVE SCNCD THEIR NAMES THIS EPCOR WATER ARIZONA.MC.AN ARIZONA CORPORATION ACKNOWLEDGEMENT: STATE OT ARIZONA ) i sscountyormaricopa) THAT K/SX EXECUTED TX rORECONC KSTRUMENT FOR TX PURPOSES C0NTAME3 TXRON M wnxSS WHEREOF I HEREUNTO SET MY HAND AND OmOAL SEAL. NUIAKY PVMJC MY CCUU.53CH BHKT5 SHEET INDEX OWNER ♦PCVBOITR JEB8SZSSf5Sru£ tacto north baguaro bouuvard FOlMTAM WUS,AZ 03360 rn><46oj0S7.w«co FAX (4»B17-W77 contact*frahcoco wra PMi (SOU BR4 IIJUU FAX NOD MC-S70 CONTACTi JOHATHON 9TAJOO,TX SURVEVOR rMKMttMNGVAlTIONCROljr.MC. 7»OI CAST IVANS ROAD SOOTTaOAlf,AROXMA.astco Pn<|460)R»-07DO CONTACT.JASON BOSWJn.OS VICINITY MAP BASIS OF BEARING TX OLA AND SALT RTVCR BASE AND MERCIAN.HARKOPA COUNTY. sac lmc bears Noo-orww ASSURED WATER SUPPLY TOWN APPROVAL: APPROVED BY IX TOWN COUHOL OF FOUNTAM HUS.ARIZONA. TOWN CLERK APPROVAL: TOWN CNCMCCR COMMUNITY DEVELOPMENT CrRECTOR ASSURANCE STATEMENT: ASSURANCE M TX FORM OF A ISSUEDFROM I TX AMOUNT OT 1_ HAS BEEN DEPOSITED NTH IX TOWN CNCMCCR TO GUARANTEE CONSTRUCTION OF IX KSURCD SU90IVT90N RIPROVEMEMTS. SURVEYOR'S CERTIFICATION IMS S TO CERTIFY THAT TX SUCOMSION PLAT OF IX PREMISES OESCRSED AND PLATTED XRCON.TOCCTHER WITH TX MONUMENTS BE RETRACED •loj-T REGISTERED LAND SURVEYOR i si if wrlh!IA Pill §1 r CEONCPi OH S3 < I z 3 o §F *:€«i«4 <4 < SHEET i orr A P.Ui LEGEND FOUND ALLWXUU CAP.RLSA37747 UNLETS OIHERWrSE NOTED BRASS CAP TO BE SET.RLSfUBU l/r REBAR TO BE SET,RLSJ3SBU SUCOWSICN CORNER PUBLIC UTUTY CASEMENT RICHI OF WAT BOOK ANO PAGE NUU3CR ASSESSOR PARCEL NUMBER TO BE OOCATED ON IMS PLAI CITY OF SCOTTSOALC TOWN OF FOUNTAM KLLS PONT OF CURVATURE SECTION UK property bounoany lot lmc /richt of way ux adjacent property une-^ Clsementux APHlNMSttTR WSUBOMDEO IIPoilsifIII •III IP JASON A. .COONDa o N a: -J CO in* <x Qz <<<<<<<< DaMilrMrTS Project!ZOM-IZ9 rVwsCTVEXAU.PLAT Sew*:N.T.3. 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AREPLATOF ADERO CANYON ACCORDING TO BOOK OFMAPS.PACERECORDSOFMARICOPACOUNTY.ARIZONA.SITUATEDINA PORTION OT SECTION 17,TOWNSHIP 3 NORTH. RANGE 6EASTOF THEOLAANO SALT RIVERBASEANO MERIDIAN.MARICOPACOUNTY.ARIZONA.AS SHOWN PLATTED HEREON. AND HEREBY PUBLISHES THIS PLAT AS ANO FOR THEPLAT OF SAID ADERO CANYON - PARCEL 1 ANO HERESYOCCLARCSTHAT SAID PLATSt15FORTH THELOCATIONANO GIVES THEOTUENSIONSOFTSAME.ANO THAT EACH LOT. STREET AND 1OVENEACHRESPECTIVELYONSAOPLAT.APRIVATEACCESSCASEMENTFORROADWAYPURPOSESOVER THEPRIVATESTREETSDEDICATEDONTHISPLAT AS 1RACT "A1", FOR THE USE OF PROPERTY OWNERSWTKWADERO CANYON - PARCELIAND1HEKCUE5T5.INVITEES.TRACT"A1"ISDEDICATED ONTHSPLAT AS A PUBLICUTUTYEASMEHT.TRACT"crISHEREBY DEDICATED ON THIS PLAT AS AH1LS1DEPROTECTION CASCMENT.TRACTS'A1\"81"."Ol"ANO*E1"ARE HEREBYOCPICATEOON THIS PLAT AS AN EASEMENT FORDRAINAGE.SLOPE.RETAINING WALL ANO LANDSCAPE.SAJOTRACTSWUBE OWNED ANO MAINTAINED BYTHEADEROCANYONCOMMUNITYASSOCIATION.WC.kPUSUCUHUTYEASEMENT(P.U.E.)ISHEREBYDCOICATCDONTHISPLATFOR THE PURPOSESOFAKLLSOCPROTECTION CASCMENTISHEREBY DEDICATEDONTHISPLAT TO THE TOWN OF FOUNTAINKLL5A WATER UNC CASCMENTISHEREBY DEDICATEDON THIS PLAT FORTHEPURPOSES OF INSTALLATION.OPERATION. MAINTENANCE. REPAIR.REMOVAL.RELOCATION AND ACCCSS AS NECESSARY TO PROVIOC WATERUTIUTICS.ADRAINAGE* SLOPEEASEMENTISHEREBYDCOCATCDON1WSPLAT.CONSTRUCTIONWITHIN SAIDEASEMENT AREA SHALL BE UNITED TO RETAININGWALLS.EARTHWORK GRADING ANO EROSION CONTROL FORTHE PURPOSE OFDRAINAGE,SLOPES ANO PAO CONSTRUCTION ONLY.DRAINACC.SLOPE ANORETAININGWALLS WITHIN THEPUSUCRIGHT-OF-WAYAREALSODEDICATED TO THE TOWN OF FOUNTAIN HILLS. NOOTHERIMPROVEMENTSARC PERMITTED.WWITNESSWHEREOF:ADERO CANYON. LLC. A DELAWARELU1EOUABUTYCOUPANYBY: ADERO CANYCN, LLC. A DELAWARE UMITEOUABUTYCOMPANY. THE GENERAL PARTNERACKNOWLEDGEMENT:STA1E OF ARIZONA }COUNTY OF MARICOPA)THATHE/SHEEXECUTEDTHEFORECOINCINSTRUMENTFORTXPURPOSESCCNTAMEOTHEREIN.INWITNESS WHEREOFIHEREUNTOSET MY HANDANDOFFICIALSEALUVCOUUSSCHE»HHt5NOTES2014,BETWEEN THE TOWN OF FOUNTAINH4JLS.AN ARIZONA MUNICIPALCORPORATION.MCOPROPERTIES.INC.. 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THESEPRESENTS:BOOK OF MAPS. PACE . RECORDS OF UARICOPA COUNTY.ARIZONA.SITUATED IN A PORTIONOF SECTION 7.0AND 17,TORNSH3>3 NORTH RANGE 6 EAST OF THE OLA AND SALT RIVER BASE ANOMERIDIAN. MARICOPACOUNTY.ARIZONA.ASSHOWPLATTED HEREON, ANO HEREBY PUBLISHESIMSPLATAS ANO FOR THE PLAT OF SAID ADEROCANYON-PARCEL7 AND HEREBYDECLARESTHATSAIDPLATSETS FORTH THE LOCATION ANO GIVES THEDIUENSONSOF THE LOTS.STREETS;TRACTS AND CASEMENTSCONSIiruTMCSAME.AND THAT EACH LOT. STREET AM) TRACT SHALL BEKNOWBY THE NUMBER. NAMEOR LETTER OVEN EACH RESPECTIVELY ONSACPLAT.APRIVATEACCESSEASEMENTFORROADWAYPURPOSESOVER THE PRIVATESTREETSDEDICATED ON THISPLAT AS TRACT'AT-.FOR THE EXCLUSIVE USE Of PROPERTY OWNERSM1WNADERO CANYON ANOIHE»GUESTS.INVITEES,AND NO OTHERS.TRACTS"A7"."Br,-C7"."07\I?"ANOT7"ARE HEREBYDEDICATEDON THIS PUT AS ANEASEMENTTO THETOVINOF FOUNTAIN KILLS FORDRAINACE.SLOPE.RETAINING WALL ANDLANDSCAPE.SADTRACTSMILBE OWNEO ANOUAHTAINEDBY THE ADEROCANYONCOMMUNITYASSOCIATION.INCIWATER* SEWERLINEEASEMENT(WS.E.)ISHEREBYOCOICATIOON THISPLAT FOR THE PURPOSESOfiPUBLIC UTILITY EASEMENT(P.U.E.)ISHEREBY DEDICATEDON THIS PLAT FOR THE PURPOSES OFA DRAINACE*SLOPE EASEMENTISHEREBY DEDICATED ON THIS PLAT.CONSTRUCTIONM1KNSAOEASEMENT AREA SHALL BE LIMITEDTORETAKNCWALLS.EARTHWORKCRAOIHCANO EROSION CONTROL FORTHE PURPOSE OFDRAINAGE,SLOPES AND PAD CONSTRUCTION ONLY.DRAMAOE.SLOPE ANOR£TAXINGWALLS WITHIN THE PUBLICRIGHT-OF-WAYARE ALSOOEBCATEOTO THETORNOf FOUNTAINHRLS.NOOTHERIMPROVEMENTSARE PERMITTED.INWITNESSWHEREOF:THATADEROCANYON.UC.THEIRNAUETO BESIGNEDADERO CANYON. LLC. A DELAWARE UMITEOUABUTYCOMPANYBY:ADEROCANYON.LLC.A DELAWARE UNITEDUABUTYCOMPANY. THE GENERAL PARTNERACKNOWLEDGEMENT:STATE OF ARIZONA)COUNTYOFMARICOPA)THATHE/SHEEXECUTEDTHEFOREGOINGINSTRUMENTFOR THE PURPOSESCONTAINEDTHEREIN.INWITNESS WHEREOFIHEREUNTO SET MY HAND ANOOFFIOAlSEALUYCoMUrSSOMEWW5NOTESIMSPLATISSUBJECTTO THETERMSANOCONDITIONSSET FORTHIFOUNTAINHUSLLC AOCLAWAREUMITEOUABUTYCOMPANYANDADEROCANYONLLC. ADELAWARELIMITEDUABUTYCOMPANY.AVREBAR WITHCAP.RLS63S833WU.BE SET AT ALL LOT ANDTRACTCORNERS.BASISOFBEARINGTHEOLAAND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,SAID LINEBEARS.NOOWSO'WASSUREDWATERSUPPLYSHEETINDEXSHEETI- COVER SHEETSHEET2 -INDEXMAPSHUTS3-4PLANSHEETSOWNER♦DEVELOPERADEROCANYON.UXISCtONORTH9ACUAROBOULEVARDsum2cofOUMTAMHttLS.AZ03268nil(48OI887-0CCOFAX,I46C4A374C77CONTACTrnUNCOCOLOPEZENGINEERLMOOEVELOnAENTTEAM.UC94*0CAST8ICABLVD.SUTtISCP110CHK,ARIZONA88028PHifCOZ)S8C.37TX7PAX!(CO2>994V970tCONTACT,JONATHONBTAN3CL,TX.SURVEYORSURVEYINNOVATIONCROUP,INC7SC4EASTEVAN9ROAOSCOTTSOAIE.AKZONA.892C0Pit:(480)8224780CONTACT:JASONSCCKERI.RL9VICINITYMAPTOWNAPPROVAL:APPROVEOBY THE TOWN COUNCIL OF FOUNTAIN KILLS. ARIZONA.APPROVAL:TOWNENONEERCOMMUNITYDEVELOPMENTDIRECTORASSURANCESTATEMENT:ASSURANCEINTHE FORM OF AISSUtOFROMITHEAMOUNTOF*_HAS8EENDEP0SI1EDW.THTHE TOWNENCMEERTOGUARANTEECONSTRUCTIONOF THESECUREDSUBDIVISIONIMPROVEMENTS.SURVEYOR'SCERTIFICATIONTHISOTOCERTIFYTHAT THESUBDIVISIONPLAT OF THEPREMISESDESCRIBEDANO PLATTEDHEREON.TOGETHERWITH THEMONUMENTSESTABLISHED ANO REFERENCED HEREON. WAS MADE UNDER MYDIRECTIONDURMCTHE MONTHOfJANUARY2019.ANO SAID PLATISACCURATE.TRUE ANO COMPLETE ANO SHOWS THEPOSITIONSOFMONUMENTSCORRECTLY.ANOISSUFFICIENT TO ENABLE THESURVEYTOBERETRACED.^fV-REGISTEREDLANDSURVEYORifchmmS3illoNOH< X2g«<<<4«4«SHEETIOF4 oiit.AderoroN§ygSsSSK?^•*oooopotjpopoppppppppc>f>pppppppo9ptADEROCANYON-PARCEL7FINALPLATFOUNTAINHILLS,ARIZONA3333333twSICSURVEYINNOVATIONGROUP. INCl»WSMI%4J*lfSNVRf7*91EAST EVANSROAD,ICOTTSOAU.AZ6SH0pHOMian«Z4m6lAxwwniemWIVW.aOJUMYAiCOM I—0 >H N O z > Pjih llltg JNTI 1N3H3SV3 3NITAllOdOMd1N33VPQY 3W1 1V»iO 1HOM /3NTI 101 ANYOHnOB MN3HOIM jntwunb 3NO NOU03S TuniYAimo jo inoj 7a lv-u sxi Ag auvoftoo jo 01 trai lOCSY)UWS ONV IEUV»TS» 1N3H3SV3 nONVttU 1HOS TIS lK3Yf7SV3 A1FR3S1A IHOS TAS MTOnrn TJOWd MOSS3SSV NdY «3cnriN 3ovd onv xooa Od 'NO AV«JO 1H9RI N/N LNWKY3 Airun onaru -3 fid MWMOO Nosvuosns V «TKClSTH 13S 39 01 NV83N .Z/l O ctBvCfsm '13S jo oi rfvo ssvas O dYO OTO ONOOJ • 0N3931 .PC I JCl L-l-J^-^1—^ ,Adero ton ADERO CANYON -PARCEL 7 FINAL PLAT FOUNTAIN HILLS.ARIZONA SIIG SURVEY INNOVATION GROUP.INC bnd*>vii4>|S4rvU> 7991 (AST IVANS ROAD.SCCrmSAU.AZ 6SZ96 PHC4at49>)9EM7*9 FAX (496)91M7I1 wiiin«jie«jRvtYAZXOM Adero -Parcel 1 -Parcel 7 -Final Plat Comments TOWN OF FOUNTAIN HILLS INTER OFFICE MEMO TO:Robert Rodgers,AICP/Senior Planner ( ( :Paul Mood,PE/Dev.S.ervieqs dW. FR:Randy L.HarrelrPE,AlLSACFM Town Engineer \.A \'\h J DATE:1-26-15 RE:Adero,Adero Parcel 1,and Adero Parcel 7 Final Plat Comments The following technical modificationsto the Final Platsshould bemade bythe Applicant,prior to the Plats*recordation: 1.Post an acceptable Assurance(s)of Construction. 2. Provide Improvement Plans acceptable to the Town Engineer, and pay their applicable fees. 3. Show adequate Hillside Protection Easement (1IPE) areas. 4. Complete an adequate roadway sightline evaluation, and place additional sight easements where/if needed. 5. Provide an adequate intersection sightline evaluation, and place sight easements where/if needed. 6. Fill inthe administrative blanks (on sheet 1)and the technical blanks (on all sheets). 7. At the Scottsdale Mountain Estates entrance,change the easements* names to match the full easement types, as recorded. 8. At/near the Scottsdale Mountain Estates boundary,obtain abandonments of ALL the previously granted easements. 9. At adjacent roadway lines/curves without a monument shown at their intersection, verify that these courses are continuations of the adjacent course,and are adequately determinable from the Plat's data tables. 10.Show a monument to be set at all needed subdivision corners. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:2/5/2015 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Paul Mood,Dev.Services Director,480-816-5129 Strategic Values:Council Goal: Maintain/Improve Community Infrastructure Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):Discussion with possible direction to staff regarding adding lighting at the intersection of Saguaro Blvd. and Avenue of the Fountains and authorizing staff to execute a construction change order to be paid from the Downtown Fund, in amount not to exceed $100,000. Applicant:NA Applicant Contact Information:NA Property Location:Intersection of Saguaro Blvd.and Avenue of the Fountains Related Ordinance,Policy or Guiding Principle: Staff Summary (background):In 2011 voters did not approve a bond for the Saguaro Blvd.Reconstruction as well as a comprehensive asphalt mill and overlay program.As part of the 2011 bond proposal the Saguaro Blvd.Reconstruction project included elements of the Downtown Vision Plan that included on-street parking, crosswalks and lighting along Saguaro Blvd. in the downtown area.Staff was later directed to bring back just the Saguaro Blvd.Reconstruction project with a limited scope to only replace the asphalt and to make the necessary drainage and ADA improvements.The Saguaro Blvd.Reconstruction Project was subsequently approved by voters in 2013. After completion of design and approval of the construction contract for the Saguaro Blvd.Reconstruction project,staff was asked to develop plans to add lighting at the intersection of Saguaro Blvd.and Avenue of the Fountains.Staff was also asked to develop plans for pedestrian lighting on the south side of the Avenue of the Fountains from Verde River to Town Hall as well as provide electrical receptacles in the landscape islands from Saguaro Blvd.to Town Hall. An administrative design change order was executed with Kimley-Horn and Associates in the amount of $25,000 on January 5,2015 as part of the Saguaro Blvd.Reconstruction project. The cost of the intersection lighting design is $13,000 while the design of the pedestrian lighting and electrical receptacles on the south side of Avenue of the Fountains is $12,000.The construction of the pedestrian lighting and electrical receptacles on the south side of Avenue of the Fountains will be handled as a separate item from the intersection lighting change order. Kimley-Horn is inthe process of designing the intersection lightingto meet the Illuminating Engineering Society of North America standards.To meet the design standards Kimley-Horn looked at approximately 15 lighting manufacturers including the manufacturer of the Avenue Plaza pedestrian lights.Besides standard "shoebox" lightfixtures only three manufacturers were found to meet the lighting design standards utilizing LEDfixtures Page 1 of 2 that can be powered off of the Avenue Plaza electrical system.The lighting requires six poles at the intersection but the number of fixtures varies as follows: KIM Curvilinear LED Fixture:6 fixtures Sternberg Millenia LED Fixture: 8 fixtures ELA Kraft LED Fixture:10 fixtures In order to move forward with the design and get accurate pricing from the contractor,staff needs Council's direction on which lightfixture they would like to see installed.Kimley-Horn as well as staff and the contractor have little time as the contractor's schedule shows them starting work at the intersection at the end of February. Kimley-Horn has provided preliminary construction estimates as follows: KIM Curvilinear LED Fixture:$55,000 Sternberg Millenia LED Fixture:$68,000 ELA Kraft LED Fixture:$74,000 Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status):$100,000 from Downtown Fund Budget Reference (page number):NA Funding Source:NA if Multiple Funds utilized,list here:Bond Funds and CIP Fund Budgeted;if No,attach Budget Adjustment Form:na Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s): List Attachment(s):Light Fixture Presentation and Preliminary Cost Estimate SUGGESTED MOTION (for council use): Prepared by: NA 2/3/2015 Director's Approval Paul Mood,Development Services Director 2/3/2015 Appr Ken Buchanan,Town Manager*11/3/2014iBuchanan,Town Manager 11' Page 2 of2 Kimley>»Horn KHA Job No :191S34004 Project No : Pro)Manager:Paul Mood Prepared By : MAC Design Stage :Preliminary Project Location :S.ifjujro Blvd &Ave <rt the Fountains Project Description :Imcnvrction litjlitinq SAGUARO BLVD &AVENUE OF THE FOUNTAINS INTERSECTION LIGHTING ITEM NO.ITEM UNIT oate 02/02715 QUANTITY |UNITPMCE |AMOUNT Kim Curvilinear LED Fixture (Option 1) LED Fixture EA 6 $1,930 $11,580 25*Pole EA 6 $850 $5,100 Pole Foundation EA 6 $600 $3,600 2"Conduit (Lighting)LF 500 $20 $10,000 1-Conduit (Lighting)LF 30 $8 $240 No.S Put Box EA 7 $400 $2,800 Electrical Conductors LF 1.900 $1 $1,900 3*Conduit (Tronic Signal)LF 1.000 $8 $8,000 No. 7 PullBox (TrafficSignal)EA 2 $900 $1,800 Lighting Contactor EA 1 $750 $750 SUB TOTALCONSTRUCTIONCOST (Kim Curvilinear LEDFixture)$45,770.00 INSURANCE &BOND {3%),FEE(10%), AND TAX (5.785%)$9,087.36 TOTALCONSTRUCTIONCOST (Kim Curvilinear LEDFixture)$54.660 00 ELA Kraft LED Fixture (Option 2) Light Assembly (individualfixturewith pole)EA 2 $3,590 $7,180 Light Assembly (twinfixtureswith poloand arm)EA 4 $6,370 $25,480 Pole Foundation EA 6 $600 $3,600 r Conduit (Lighting)LF 500 $20 $10,000 1-Conduit (Lighting)LF 30 $8 $240 No.5 PuP Box EA 7 $400 $2,800 Electrical Conductors LF 1,900 $1 $1,900 3"Conduit(TrafficSignal)LF 1.000 $8 $8,000 No.7 Pull Box(TrafficSignal)EA 2 $900 $1,600 Lighting Contactor EA 1 $750 $750 SUBTOTALCONSTRUCTION COST(ELAKraftLEOFixture)$81,75000 INSURANCE&BOND (3%),FEE(10%).ANDTAX (5.785%)$1226010 TOTAL CONSTRUCTION COST(ELA KraftLEDFixture)$74,020.00 Sternberg Millenia LED Fixture (Option 3) Light Assembly (individual fixturewith pole)EA 4 $3,710 $14,840 LightAssembly (twin fixtures with poleand arm)EA 2 $6,450 $12,900 Pole Foundation EA 6 $600 $3,600 2"Conduit (Lighting)LF 500 $20 $10,000 r Conduit (Lighting)LF 30 $8 $240 No.S Pull Box EA 7 $400 $2,800 Electrical Conductors LF 1.900 $1 $1,900 3*Conduit (Traffic Signal)LF 1.000 $8 $8,000 No. 7 PullBox (TrafficSignal)EA 2 $900 $1,600 . Lighting Contactor EA 1 $750 5750 SUB TOTAL CONSTrRUCTION COST (Sternberg Mil enia LED Fixture)$56,830.00 INSURANCE &BOND (3%),FEE (10%),ANDTAX (5.785%)$11,283.26 TOTALCONSTRUCTION COST(Sternberg Millenia LEDFixture)S68.120.00 CotttstvTute •M maxten *! Kim Curvilinear LED Fixtures (6) Approx. $55,000 ELA Kraft LED Fixtures (10) Approx. $74,000 Sternberg Millenia LED Fixtures (8) Approx. $68,000   Issue 1 ‐ January 16, 2015 Legislative Overview On M on day, Janu ary 12, th e first regu l ar session of Arizona's 52n d Le gisl atu re con ve ne d. M any mayors, coun cil me mb e r s an d municipal staff atte nd e d the Open ing Day ceremonie s. In addition to the e xcite me n t an d activity associate d with we lcomin g l egislators, Gove rn or Dou g Du cey del ivered th e annu al State of the State Address, wh ere he touted state fiscal re sponsibility an d e du cation al re for m. You can find his spe ech he re . Th e le gisl atu re h el d only a fe w committe e he arin gs this week, most notabl y on th e Gove r n or 's push to inclu de a civics te st as a high sch ool graduation re quire men t. Th at bil l , HB 2064, passed both chambers on Th ursday an d was signe d by the Gove rn or th at nigh t. Today th e Governor reve als his bu dget. The Le ague will pr ovide in formation an d anal ysis in th e comin g wee ks as more de tail s are made avail abl e. Session Deadlines Every se ssion has deadline s pe rtain in g to bill submission s and h e arings. The se are establishe d by ru l e and are subject to ch ange. Th is year, th e sch e du l e is as foll ows: January 2015 M onday, th e 12th ‐ First day of session Th ursday, th e 15th ‐ Hou se 7‐bill Intr oduction Limit Be gins (5 p.m.) February 2015 M onday, th e 2n d ‐ Se n ate Bil l Introduction Deadline (5 p.m.) M onday, th e 9th ‐ Hou se Bil l In trodu ction De adl ine (5 p.m.) Friday, th e 20th ‐ Last Day to h ear bil ls in the chamber of origin March 2015 Friday, th e 20th ‐ Last Day to h ear bil ls in the opposin g chamber A pril 2015 Tu esday, the 21st ‐ 100th Day of Session Monday Legislative Call Th e Le ague wil l con tin ue to host a wee kl y con feren ce cal l to re port on the status an d impact of various l egislative bil ls in the 2015 se ssion . The call s ar e sch e du l ed for M onday mornin gs promptl y at 10:00 a.m. Mayors, manage rs an d othe r city or town staff who are intereste d in l egislative activitie s are invite d to particip ate . Cal l‐in n umbers and a brief age n da will be se nt ou t prior to th e calls. If you woul d like to re ce ive the Mon day agendas, ple ase con tact le ague @azl eagu e.org and r e qu e st to be added to the distribution l ist for th e Mon day te le confe re nce . N ote th at du e to the M onday hol iday an d th e l imited nu mbe r of bill s to discuss th is early in th e session, th ere wil l not be a call on Janu ar y 19th. Legislative Bulletin Th e Le ague will el e ctron ically distrib u te the Legislative Bul letin every Frid ay du rin g th e l egislative se ssion . Th e Bu lle tin serves as a way for th e Leagu e to commu n icate to e l ected official s, staff an d other intereste d p arties abou t activitie s at th e Legisl atu re th at are r e le vant to citie s and towns. If you know of any mun icipal official or staff me mb e r th at wou ld l ike to subscribe to the Bu l le tin ple ase have them sen d th e ir name and email to le ague @azl eagu e.org an d re que st to be adde d to the Le gisl ative Bu ll e tin distribution list. Th is ye ar will see th e continuation of the pr e fe rred stre aml in ed format in trodu ced two ye ars ago. Th e Bu l le tin wil l high ligh t only th e top hal f‐dozen or so topics and bill s from e ach we ek. Othe r legislation th at th e Le ague is active ly trackin g will stil l be mon itore d and updated; howe ver, th at information will be avail able on our Le gisl ative Bil l M onitoring page on th e Leagu e we bsite . Th e Bull etin wil l contain l inks to legisl ation th at h as bee n updated in ou r Legisl ative Bil l M onitoring Section. We hope this will make it more conve nien t for you to ke ep u p to date on th e latest l e gisl ative activities, while stil l pr oviding a resource for more de tail e d information . APS Legislative Intern Th e Le ague is pl eased to wel come Er in Gantman as its ne w le gisl ative in te rn for the 2015 se ssion. Erin's backgroun d is in cu stome r se rvice as well as assistin g the Californ ia Leagu e of Citie s in Sou th e rn Cal ifornia in th e summe r of 2014. Cu rre n tl y, Erin is in h er last se mester at Arizona State Unive rsity and wil l be rece ivin g he r bache l or's de gr e e in both Pol itical Scie nce an d Commun ication s. Erin plans to go to law sch ool in th e fal l of 2015. Erin will be assistin g th e Leagu e's le gisl ative staff for the duration of the spring 2015 seme ster. He r stipend is b e ing paid by a gr an t from APS. Your Voice Th e 2015 e dition of You r Voice at the Capitol , our listing of se nators and re presentatives, is availab l e he re . Pl ease use th is docume nt to find contact infor mation for your dele gation . Earl y commun ication with your l egislative de le gation is strongly re comme nde d in order to e stabl ish a rel ation sh ip with th e le gisl ators repre se nting you r city or town. M aintainin g good communication s provides you r le gisl ators with in val uabl e insight as to h ow propose d le gisl ation may affect the ir commu nities. Additional l y, you can con tact ou r legisl ative division at (602) 258‐5786 or email u sin g the information b e low: Ryan Pe te rs, Legislative Associate : rp e te r s@azl eague .org Dal e Wiebu sch, Legislative Associate: d wie bu sch @azle agu e.org Legislative Bulletin is published b y the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org.   Issue 2 ‐ January 23, 2015 Legislative Overview Th is week saw minimal bill action rel ate d to mu nicipal con cerns. We e xpect that to ch ange next we ek as age ndas get more fu l ly deve l ope d. Last Friday Gove rn or Duce y re lease d his budge t pr oposal wh ich is anal yzed further in th e articl e bel ow. To date th ere have bee n 665 bil l s in troduced, with 39 me morials and resolu tion s. On e bill has been signe d, HB2064, the gr aduation re quire men t, civics test bil l . Governor's Budget Proposal Th e Gove rn or 's bud ge t prop osal came ou t last Friday afternoon . He re is our an al ysis of th e se ction s that most directly affect cities an d town s. Department of Revenue TPT A charge of $0.76 pe r residen t for th e non‐progr am citie s for te mporary staff to imple men t TPT simpl ification. This equ als $2.9 mill ion. As of Janu ary 1, 2016, all cities are sch e du l ed to become program citie s. An all ocation of $8.2 mil l ion from citie s' TPT sh are d re ve nu e state wide for DOR ope r ation s. Th is is a pe rmane n t charge for administering citie s' an d towns' p ortion of DOR op e r ation s for TPT col le ction s. A ch arge of $2 mil l ion to cr e ate th e DOR Coll e ctions Fu nd for additional col le ction s staff. This mon ey will come ou t of the base TPT re venu es, be fore distribution to th e state, cou nties and cities. Th e estimated impact to citie s and towns is approximately $500,000. Th is is also pe rmane nt. The Governor's bu dget assumes cities an d town s wil l rece ive an addition al $6.5 million in TPT r e ven ue du e to e nh anced col l ections activities. HURF The Gove r n or 's prop osal re comme nds u sin g M otor Veh icl e Registration Fe es (wh ich cu rren tl y se nds $35 mill ion in to HURF) to fund a portion of DPS as a perman ent me chan ism. Th e proposed budge t al l ows the ADOT dir e ctor to increase th at fee to cove r 50% of DPS ope ration s. The HURF dive r sion for FY2016 an d FY2017 wil l be $54 mill ion. In FY2015 it was $89 mil l ion. W IFA The state will n ot appropriate $1 mil l ion to WIFA for th e Water Supply Devel opme nt Fun d. Th ere are othe r monie s from oth e r sources that stil l go to WIFA. State Aviation Fund The Governor's proposal tr an sfers $15 mil l ion out of th e State Aviation Fu n d to the ge n eral fu n d. The curren t balan ce is $37.5 mil lion . Th is lin k will take you to al l of the Gove r n or's budge t docu men ts. Legislative Bulletin is published b y the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. TPTUPDATE The latest in sales tax simplification January 2015 | Issue 1 QUESTIONS? CALL 602-258-5786 HB 2111 (Laws 2013, Ch. 255) brought landmark changes to how both state and local sales taxes are administered in Arizona. It is all too easy to forget about what happens after a bill is passed. This periodic newsletter is intended to keep the Legislature updated on the progress being made in reaching full implementation. Administration: Recognizing that the provisions of HB 2111 were set to become effective January 1, 2015 and the magnitude of the reform, municipalities began work with DOR shortly after Governor Brewer signed the bill into law. We are pleased to report that we have made signifi cant progress in achieving that goal. However, it became evident that there are some technological challenges that require more time to overcome. We came to agreement with the previous administration to delay implementation in order to provide the best product for the taxpayer and tax administrators. A Project Manager is now in place and specifi c, measurable benchmarks have been established. We remain committed to supporting those efforts and implementing these reforms correctly and as quickly as possible. Prime Contracting: The bill was intended to simplify state and local TPT tax fi ling for those engaged in maintenance, repair, replacement and alteration by having them pay the retail tax on materials they use on the job. However, it has become clear that further refi nement of these provisions is needed and efforts are currently underway to fi nalize a consensus bill to address these issues. We are grateful to Senator Lesko, who is leading the discussions with the construction industry and other interested parties to accomplish fi nal language as soon as possible. Audit: HB 2111 requires DOR to create one set of TPT audit procedures for use by all taxing jurisdictions and declares multi-jurisdictional audits are the responsibility of the state. Municipalities will continue to have the authority to directly audit single-jurisdiction businesses according the audit procedures established by DOR. This new audit program is successfully in effect today, providing greater simplicity to the taxpayer. In 2013, Lawmakers passed HB 2111 to streamline Arizona’s Transaction Privilege Tax (TPT) system. The bill establishes the Arizona Department of Revenue (DOR) as the sole collection agency for municipal and state TPT. The bill also changes the way businesses that do repair and maintenance work pay TPT. Finally, the bill integrates municipal and state TPT audits into a program that all taxing agencies will use to ensure taxpayer compliance. Oppose HB2254:Municipal Tax Exemption;Residential Lease • • • • This bill would have a devastating financial impact on most Arizona cities and towns. The impact to their general funds would be more than $87 million per year statewide. Renting a property to someone else is a business transaction.The residential rental tax is NOT imposed on renters, it is applied to the "business of renting residential property" and is assessed on the owner of the property or units in an apartment complex. Like any other Transaction Privilege Tax (TPT) in this state, the business owner can choose whether or not to pass the tax on to the consumer.The TPT is a tax on a business transaction,not a tax on income.In fact,rental taxes are classified as a business tax deduction on their income tax returns. Rental property rates are determined by overall market forces. There is nothing to require that renters will receive the benefit of any tax reduction, only the property owners. Cities and Towns have consistently supported strategic tax cuts and economic development tools. This major municipal tax cut benefits only one business sector, has no performance benchmarks, no job requirements, and no economic development strategy. This bill is strictly a massive reduction of municipal general fund revenues, the majority of which goes to public safety. There has been no task force, no study group, and no research to determine the impact of such a huge tax policy shift. City services that all citizens use—including renters—are paid for with taxes.If this tax was eliminated,the cost and burden for those services will be shifted to other businesses and homeowners. This system is not "double taxation." The TPT system taxes all business transactions and rentinga property is a businesstransaction. Propertytax,if a city has one at all, is paid by all property owners, including retail businesses. Since retail stores pay property taxes, does this mean they should not have to pay sales tax on the business transactions within the store? There are already major protections put in place for this one specific industry that no other group enjoys. In 2011,the legislature passed and the Governor signed SB 1160 (City Sales Tax; Residential Rental) which strictly prohibits any increase in the residential rental tax rate without a vote of the citizens. Salestaxes arethe primarysource of localrevenue due to 80 years of policy direction from the state. This tax has been in place for decades; city budgets are developed using projections from its revenue and require sustainable, stable tax bases. This proposal carves out one group and narrows the tax base rather than broadening it. Cities and Towns in the State are barely coming out of the financial crisis that hit everyone hard. A bill like this would send cities back into a free fall which doesn't benefit the citizens or the State. We need to be working in partnerships to create jobs and communities in which people want to live. HB 2254 does not help accomplish that goal.