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Home My WebLink About160317PAIN�l ° n NOTICE OF THE EXECUTIVE AND MW mw. REGULAR SESSIONS OF THE 9y`4at�� ti°°e is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Vice Mayor Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:00 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, MARCH 17, 2016 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 durin2 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. z:\council packets\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (1) A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body, and (2) A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (Specifically, (i) the Theater Lease, and (ii) the Morningstar project). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Julie Orwin, President of Congregation Beth Hagivot ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) UPDATE by Fountain Hills Rotary Boardmember Bill Pape regarding the Rotary Musical Playground. iii) UPDATE by MCSO Captain David Letourneau regarding truck traffic enforcement in the Town of Fountain Hills. 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. z:\council packets\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 2 of 4 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 the 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 March 3, 2016. 2. CONSIDERATION of re -appointing Robert Melton as the Presiding Judge for a four-year term and approving the PROFESSIONAL SERVICES AND EMPLOYMENT AGREEMENT. 3. CONSIDERATION of authorizing the EXPENDITURE of $8,000.00 to remove two existing disc golf tee pads and install three new ones to complete the disc golf course with funds to come from the Fountain Park Improvements - Phase VI Capital Project Fund for project's design fees ($7,000.00) and from the CIP Contingency ($1,000.00). 4. CONSIDERATION of (i) the FIRST AMENDMENT to the Professional Services Agreement between the Town of Fountain Hills and Brown & Associates Certified Inspection Service, Inc. (contract C2016-110) for plan review, inspection and building official services, in an amount not to exceed $40,000.00; and (ii) the BUDGET TRANSFER in the amount of $24,000 from the Town Manager's Contingency to Development Services relating to the cost of plan review, inspection and building official services. 5. CONSIDERATION of a FINAL REPLAT for a lot line adjustment between 15477 E. Telegraph Drive and 15481 E. Telegraph Drive, aka Plat 604C, Block 9, Lots 3 and 4. Case #2016-01 6. CONSIDERATION of (i) the FINAL PLAT entitled "Replat of Plat 302, Bock 5, Lots 1 & 2, and Parcel A", that combines lots 1, 2, and a portion of Parcel A into a new lot "1A"; and (ii) the BUDGET TRANSFER in the amount of $7,800.00 from the Town Manager's Contingency, to Development Services, relating to the cost of the theater replats. REGULAR AGENDA ITEMS 7. CONSIDERATION of a CERTIFICATE OF MODIFICATION to EN LLC regarding Eagles Nest Parcel 11, Lot 245; and authorizing its signature. 8. 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. z:\council packets\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 3 of 4 9. 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. 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. DATED this 10th day of March, 2016. ,dch_ Bevelyn JYBentler, 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\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 4 of 4 AIN�l ° n NOTICE OF THE EXECUTIVE AND MW mw. REGULAR SESSIONS OF THE 9y`4at�� ti°°e is FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Vice Mayor Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:00 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, MARCH 17, 2016 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 durin2 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. z:\council packets\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (1) A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or attorneys of the public body, and (2) A.R.S. § 38-431.03(A)(4), discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (Specifically, (i) the Theater Lease, and (ii) the Morningstar project). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Julie Orwin, President of Congregation Beth Hagivot ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) UPDATE by Fountain Hills Rotary Boardmember Bill Pape regarding the Rotary Musical Playground. iii) UPDATE by MCSO Captain David Letourneau regarding truck traffic enforcement in the Town of Fountain Hills. 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. z:\council packets\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 2 of 4 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 the 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 March 3, 2016. 2. CONSIDERATION of re -appointing Robert Melton as the Presiding Judge for a four-year term and approving the PROFESSIONAL SERVICES AND EMPLOYMENT AGREEMENT. 3. CONSIDERATION of authorizing the EXPENDITURE of $8,000.00 to remove two existing disc golf tee pads and install three new ones to complete the disc golf course with funds to come from the Fountain Park Improvements - Phase VI Capital Project Fund for project's design fees ($7,000.00) and from the CIP Contingency ($1,000.00). 4. CONSIDERATION of (i) the FIRST AMENDMENT to the Professional Services Agreement between the Town of Fountain Hills and Brown & Associates Certified Inspection Service, Inc. (contract C2016-110) for plan review, inspection and building official services, in an amount not to exceed $40,000.00; and (ii) the BUDGET TRANSFER in the amount of $24,000 from the Town Manager's Contingency to Development Services relating to the cost of plan review, inspection and building official services. 5. CONSIDERATION of a FINAL REPLAT for a lot line adjustment between 15477 E. Telegraph Drive and 15481 E. Telegraph Drive, aka Plat 604C, Block 9, Lots 3 and 4. Case #2016-01 6. CONSIDERATION of (i) the FINAL PLAT entitled "Replat of Plat 302, Bock 5, Lots 1 & 2, and Parcel A", that combines lots 1, 2, and a portion of Parcel A into a new lot "1A"; and (ii) the BUDGET TRANSFER in the amount of $7,800.00 from the Town Manager's Contingency, to Development Services, relating to the cost of the theater replats. REGULAR AGENDA ITEMS 7. CONSIDERATION of a CERTIFICATE OF MODIFICATION to EN LLC regarding Eagles Nest Parcel 11, Lot 245; and authorizing its signature. 8. 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. z:\council packets\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 3 of 4 9. 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. 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. DATED this 10th day of March, 2016. ,dch_ Bevelyn JYBentler, 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\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 4 of 4 Musical Park Update ➢ New name: Rotary Community Musical Park Harmony Musical PlavRround ➢ More instruments: Increase from 12 to ➢ New layout: 24' diameter circle ➢ Additional amenities: Shade sails, security cameras ➢ Fundraising status: 50% of instruments now sponsored and funds for other amenities. Rotary Community Musical Park Har A cooperative effort among the Town of Fountain Hills, Four Peaks Rotary Club, Fountain Hills Rotary Club, and The Fountain Hills Cultural & Civic Association Greening of Downtown l•J The Location Center area of Fountain Park Playground y�r The Plan RF `o LAKE E7STIMG "k RAMADA I5MG PLAYc's' MU Wt4iAOE 4W WAY MCMUM i tet, ry. 1, l bFPO P8Si6 SI Yaug WN W[TL ON PAW QkJ! III EXISTING TINr.P ��INu +, A 1141}'OUL i FIG �'31@EMf Bl. h. INC LANDSCAPE s iIFK,N LK1E' IM1 ` 4 [OLM.G Se.LbkhT .l -+W 3117kIF41i I T EfENCHLOCATI E iA[ - *°v I RESTROOM � } EXISTING [SL RUI — AAMADA it w*TuNx EMAWi n II ow+e�wu�arrlNxarren EXIWIN'CPLAY ti MUC TUM W/SHADE SAILS EKISTIMCo LANDSCAPE The area can accommodate 14 musical instruments. Addition of 18 trees and pathways towards center of playground. Future locations for possible benches and additional landscaping. Location Landscaped Location wit h musical circle a n d shade s ai| T AIN I� j�.tcJl Z n 3 ! 6 9i�fhat�i`�oo Meeting Date: 3/17/2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session 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 in decision-making REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from March 3, 2016. 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 action that 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 Prepared by: 4�A� Bevelyn Bender, Town Clerk 3/7/2016 Approved: Grady—E. Miller, T Hager /8/2016 Page 1 of 1 �I� t_.� opp ghat is Meeting Date: 3/17/2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: David Trimble, Admin. Services Director, 480-816-5125, dtrimble@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Consideration of re -appointing Robert Melton as Presiding Judge for a four-year term and approving the PROFESSIONAL SERVICES AND EMPLOYMENT AGREEMENT. Applicant: NA Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: ARIZ. REV. STAT. § 22-403 Staff Summary (background): Town Council met on March 3, 2016 during an Executive Session to review the Judge's past performance and discuss the terms of a new agreement. The current agreement has been in place since April 3, 2014 and expires April 7, 2016. The new proposed agreement is set to run from April 8, 2016 through April 8, 2020. Risk Analysis (options or alternatives with implications): Non-compliance with ARIZ. REV. STAT. § 22-403 et seq. Fiscal Impact (initial and ongoing costs; budget status): $70,400 per year which shall be increased by 2.5% annually, beginning with the first pay period of the Town's fiscal years during FY 2016-17, FY 2017-18, FY 2018-19, and FY 2019-2020. It has also been requested that the Town match equally any optional amount the Presiding Judge would choose to contribute to the 457 deferred compensation savings account, up to a maximum of 11 % of the base yearly salary. Budget Reference (page number): 137 Funding Source: General Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: Yes Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve List Attachment(s): Professional Services and Employment Agreement Page 1 of 2 SUGGESTED MOTION (for council use): Move to approve the consent agenda Prepared by: ®,, b�`�' nnI1 David Trimble, Administraive Services Director 3/9/2016 Director's Approval: Da�,"P vu, David Trimble, Administrative Services irector 3/9/2016 App ved: Grady E. Miller, ow nager 3/10/2016 Page 2 of 2 PROFESSIONAL SERVICES AND EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROBERT E. MELTON Amended and Restated March 17, 2016 THIS AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT (this "Amended Agreement") is entered into on March 17, 2016, by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Mr. Robert E. Melton ("Melton"). RECITALS A. Pursuant to ARiz. REv. STAT. § 22-401 et seq., the Town is required to have a municipal court, which shall be presided over by a magistrate judge (the "Presiding Judge"). B. On April 3, 2014, the Town and Melton entered into an Agreement for employment of Melton by the Town ("the Original Agreement") for the position of Presiding Judge of the Town of Fountain Hills Municipal Court (the "Town Court"). The Original Agreement shall remain in full force and effect through April 7, 2016. C. The Town and Melton desire to enter into this Amended Agreement to extend the terms of employment for Melton by the Town as Presiding Judge of the Town Court. D. This Amended Agreement is based on the Arizona Constitution's requirement of separation of powers and the necessity of judicial independence to preserve and protect that separation. This Agreement shall set forth the parameters, guidelines, duties, rules of conduct and compensation during the term of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and 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 is hereby acknowledged, the Town and Melton hereby agree as follows: 1. Term. This Amended Agreement shall be effective on April 8, 2016, and shall remain in full force and effect through April 8, 2020, unless sooner terminated for cause as set forth in Section 5 below. After commencing his official duties, and thereafter during the term of this Agreement, Melton shall not be in the exclusive employ of the Town, but shall not accept other employment or carry out any other business that would conflict with his duties as Presiding Judge. Except as set forth in Subsection 3(A) below, any such additional duties shall be conducted outside of Melton's regular Town Court work hours and without the use of Town resources or equipment. 2622435.1 2. Compensation. A. Base Salary. Melton shall be paid, in bi-weekly installments, an annual salary of $70,400.00 for the term of this Agreement, unless increased pursuant to this Subsection. Melton's base salary shall be increased by 2.5% annually, beginning with the first pay period of the Town's fiscal years during FY 2016-2017, FY 2017-2018, FY 2018-2019, and FY 2019- 2020. Melton expressly agrees and understands that the adjustments set forth in this Subsection shall be the sole means for increases to his base salary and that no adjustments to his base salary shall occur relative to any merit increases or cost of living increases provided to Town employees as part of the Town's annual budget adoption. B. Retirement and Deferred Compensation. Melton may, at his sole option and expense, contribute to the Town's existing ICMA-RC 457 plan account (any catch-up amounts permitted by the plan shall be made separately by Melton). Such contributions shall be in 26 equal bi-weekly installments. Additionally, the Town agrees to match equally the amounts Melton contributes to the ICMA-RC 457 plan account as permitted by law, up to a maximum of 11 % of Melton's base salary. The Town further agrees to transfer ownership of Melton's plan(s), to the extent permitted by law, to any succeeding employer in the event of Melton's termination from the Town, for any reason. C. Vacation and Sick Leave. Melton shall accrue "paid time off' at the same rate and under the same conditions applicable to other part-time Town employees. 3. Duties. Melton shall perform the duties of Presiding Judge pursuant to all laws, ordinances and rules of the State of Arizona, the Town of Fountain Hills and the Arizona Supreme Court. Without limiting the generality of the foregoing sentence Melton shall be responsible for carrying out the duties and obligations set forth in Chapter 5 of the Town Code. A. Work Hours. Melton shall maintain reasonable work hours Monday through Thursday except for legal holidays, and shall be available as necessary during non -work hours and on Fridays, during weekends and on legal holidays to conduct initial appearances as required by law or to address other court matters requiring immediate attention; provided, however, that all time worked during a calendar week shall not be more than 25 hours, including any leave taken or holidays occurring during such time period. In the event the Town chooses to change its regular work schedule from a four-day work week to a five-day work week, Melton shall conform his work hours accordingly. The Town agrees and understands that, due to the part-time nature of the Presiding Judge position, Melton may take on other judicial assignments. In such case, Melton shall make such accommodations as necessary to ensure that any such assignments shall not conflict with his Town Court duties, including any time during which Melton is serving as a judge or pro tem judge in another court. B. Case Adjudication. Melton shall act as Presiding Judge over all assigned court calendar dockets in a timely fashion and shall, if necessary, secure the services of an Associate Pro Tem Judge or hearing officer to facilitate the timely adjudication of cases in the Town Court. 2622435.1 2 C. Judicial Conduct. Melton shall at all times during the term of this Agreement ensure that his conduct as Presiding Judge does not violate Arizona Supreme Court Administrative Order No. 93-30 (as amended by Order No. 96-25) and any other applicable order, the Code of Judicial Conduct, Rule 45 of Rules of the Arizona Supreme Court and any other rule or law governing the conduct of judges. D. Court Administration. Melton shall, through the Town Court Administrator, act as the chief administrative officer over the Town Court and shall abide by the Rules and Regulations of the Town, including Town Code Subsection 5-2-6, in the conduct thereof. Melton shall, through the Town Court Administrator, be responsible for administering the budget of the Town Court and for preparing and submitting for approval an annual budget in accordance with established Town procedures. E. Community Interaction. In addition to his duties as set forth above, Melton (i) shall oversee and participate in the Town's Teen Court, including outreach to the Fountain Hills High School to recruit students, (ii) shall participate in the Court component of the Town's Citizens Academy, (iii) should conduct outreach to the Fountain Hills High School to assist with criminal law and justice studies courses and (iv) may participate in such local charitable or civic organizations as Melton determines appropriate. 4. Performance Evaluation. The Town Council shall review and evaluate Melton's performance as far in advance of the expiration of this Agreement as practicable. Melton's review and evaluation shall be based upon (A) success at fulfilling the reasonably achievable goals and performance objectives for Town Court efficiency set forth by the Town Council in its annual goal -setting retreat, (B) personnel management, including overall management style and ability to lead and direct Town Court staff and ability to supervise Town Court staff, but specifically excluding any evaluation of Melton's hiring and firing decisions with respect to individual staff members and (C) professionalism, including manner of addressing members of the public who appear in the Town Court. 5. Termination. During the term of this Agreement, Melton may be removed from office by the Town Council for cause, including violation of this Agreement. Notice of removal of office shall be delivered in writing to Melton and Melton shall have the right to request a hearing before the Town Council. Melton may terminate this Agreement and resign his appointment as Presiding Judge upon 30 days written notice to the Town Mayor. 6. Professional Development. A. Professional Associations. The Town hereby agrees to budget for and to pay for Melton's expenses of professional and official travel, meetings, and occasions as necessary to continue his professional development and to adequately pursue necessary official functions for the Town Court. B. Continuing Education. The Town also agrees to budget for and to pay for Melton's expenses for continuing education courses, institutes and seminars necessary for his professional development as a judge and for the good of the Town Court. 2622435.1 3 C. State Bar Dues. The Town agrees to reimburse Melton the State Bar of Arizona dues on an annual basis in the Judicial Membership Category, if said dues are paid before the State Bar of Arizona deadline of February 1 st. 7. General Expenses. The Town recognizes that certain expenses of a non -personal and generally job -affiliated nature are periodically incurred by Melton. The Town (A) agrees to reimburse or to pay said general expenses and (B) authorizes the Town Manager or authorized designee to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 8. Bonding. The Town shall bear the full cost of any fidelity or other bonds required of Melton under any law or ordinance. 9. No Reduction of Benefits. The Town shall not, at any time during the term of this Agreement, reduce Melton's salary, compensation or other financial benefits. 10. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) 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: Mayor With copy to: GUST RosENFELD, P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire If to Melton: Robert E. Melton .9 Scottsdale, Arizona 85258 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 Section. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) 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. 2622435.1 4 11. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or Melton of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 12. Attorneys' Fees. In the event either parry finds it necessary to bring any action at law or other proceeding against the other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach or default hereunder, the parry prevailing in such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other party and, in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. 13. Headings. The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 14. Time of the Essence. Time is of the essence in this Agreement. 15. Assignment. This Agreement may not be assigned, in whole or in part. 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 17. Amendment. No amendment or waiver of any provision in this Agreement will be binding (A) on the Town unless and until it has been approved by the Town Council and has become effective or (B) on Melton unless and until it has been executed by Melton or his authorized representative. 18. Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of the State of Arizona. 19. Severability. Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 20. Covenant of Good Faith. In exercising their rights and in performing their obligations pursuant to this Agreement, the parties will cooperate with one another in good faith to ensure the intent of this Agreement can be attained. The Town and its Town Council shall not 2622435.1 5 unreasonably withhold appropriation authority to fund the salary, benefits and other provisions of this Agreement. 21. Conflict of Interest. This Agreement may be cancelled by the Town pursuant to Ariz. REV. STAT. § 38-511. 22. Counsel Assistance; Fair Interpretation. A. Counsel for Melton. Melton has either been assisted by counsel in connection with the preparation and execution of this Agreement or has chosen to forego such legal representation. B. Counsel for Town. The Town has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. C. Fair Interpretation. This Agreement shall be construed according to the fair meaning of its language. The rule of construction that ambiguities shall be resolved against the Party who drafted a provision shall not be employed in interpreting this Agreement. 23. Records and Audit Rights. Melton's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement (all the foregoing hereinafter referred to as "Records"), to ensure that Melton is complying with the warranty under Section 24 below, 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 (A) evaluation and verification of any invoices, payments or claims based on Melton's actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Melton's compliance with the Arizona employer sanctions laws referenced in Section 24 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Melton hereby waives 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 from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Melton pursuant to this Agreement. Melton shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this section. The Town shall give Melton reasonable advance notice of intended audits. 24. E -verify Requirements. To the extent applicable under A uZ. REV. STAT. § 41- 4401, Melton warrants compliance with all federal immigration laws and regulations that relate to Town Court employees and compliance with the E -verify requirements under ARiz. REv. STAT. § 23-214(A). Melton's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. [SIGNATURES ON FOLLOWING PAGE] 2622435.1 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first set forth above. "MELTON" 9�C Y4A Robert E. Melton 2622435.1 VA "TOWN" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Linda M. Kavanagh, Mayor ATTEST: Bevelyn J. Bender, Town Clerk Meeting Date: 3/17/2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mark C. Mayer - mmayer@fh.az.gov / (480) 816-5190 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): Authorize the expenditure of $8,000 to remove two existing disc golf tee pads and install three new ones to complete the disc golf course. Funds to come from the Fountain Park Improvements - Phase VI project's design fees of $7000 and from the CIP Contingency of $1,000 Applicant: N/A Applicant Contact Information: N/A Owner: N/A Owner Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: N/A Staff Summary (background): With the final improvements recently to Fountain Park, staff is asking that the remaining funds in the project, which were not spent on the architect, be used instead to complete the last of the improvements to the disc golf course in the park. Staff have been able to make a number of improvements to the course over the years by adding new disc golf tee pads and baskets. However, there remain two disc pads that are in need of removal and three new pads to be added. The local disc golf club has performed some of the work and provided some of the funds to make improvements to the course over the last several years. The removal of the old pads and the installation of new ones will complete the pads for the course. The cost of these improvements is $8,000 with $7,000 to come from the Ft. Park Capital Improvement Fund and $1,000 from the CIP Contingency. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): $8,000 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): Page 1 of 3 Staff Recommendation(s): Staff is recommending approval of the expense List Attachment(s): Site map SUGGESTED MOTION (for council use): Motion to approve the request as requested. Page 2 of 3 Prepared by: NA 8/25/2015 Director's Approval: Mark Mayer, Community Services Directo 3/8/2016 Approved: \_ - Grady E. Miller, 7owryOkaaer 3/9/2016 Page 3 of 3 PA INV TOWN OF FOUNTAIN HILLS Z 7 TOWN COUNCIL ri tioo AGENDA ACTION FORM gpthatIs X. y Meeting Date: 3/17/2016 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Paul Mood, Dev. Services Director, 480-816-5129 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of approving Amendment No. 1 to Brown & Associates Certified Inspection Service, Inc. contract C2016-110 for plan review, inspection and building official services in an amount not to exceed $40,000.00. CONSIDERATION of a BUDGET TRANSFER in the amount of $24,000 from the Town Manager's Contingency to Development Services relating to the cost of plan review, inspection and building official services. Applicant: Applicant Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): Due to staffing limitations the Town entered into a professional services agreement with Brown & Associates in the amount of $29,950 to perform civil engineering plan reviews and building inspections for residential and minor commercial projects. The contracted amount has been exhausted over the first seven months of the fiscal year for plan review, inspections and meetings related to the MorningStar Assisted Living Facility. Due to a medical issue, the Chief Building Official has been unable to perform inspections since December of 2015 and will be out for an extended period of time following a recent surgery. Brown & Associates will continue to perform civil engineering plan reviews and building inspections but will also take on building plan reviews and Chief Building Official responsibilities. The Development Services Department has previously transferred $16,000 from facilities maintenance to cover a portion of the increase and requires an additional transfer of $24,000 from the Town Manager's Contingency. 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: General Fund Budgeted; if No, attach Budget Adjustment Form: No Page 1 of 2 Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends approval of the contract amendment and budget transfer as presented. List Attachment(s): Contract C2016-110.1, Budget Transfer Form SUGGESTED MOTION (for council use): Move to approve the contract C2016-110.1 with Brown & Associates Certified Inspection Service, Inc. in an amount not to exceed $40,000 for plan review, inspection and building official services. Move to approve the BUDGET TRANSFER in the amount of $24,000 from the Town Manager's Contingency to Development Services relating to the cost of the plan review, inspection and building official services. Prepared by: NA 3/7/2016 Director's Ap val Paul oo , Development Servicet Director 3 7 2 6 Approved: Grady E Miller, o n M ager 3/8/2016 Page 2 of 2 Contract No. C2016-110.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC. THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this "First Amendment") is entered into as of March 17, 2016, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Brown & Associates Certified Inspection Service, Inc., an Arizona corporation (the "Consultant"). RFC1TA1.q A. The Town and the Consultant entered into a Professional Services Agreement dated July 1, 2015, for on-call plan review and inspection services (the "Agreement"). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. B. The Town has determined that additional on-call plan review and inspection services (the "Additional Services") by the Consultant are necessary. C. The Town and the Consultant desire to enter into this First Amendment to increase the compensation to the Consultant for the Additional Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Compensation. The Town shall increase the compensation to Consultant by $40,000.00 for the Additional Services at the rates set forth in the Fee Proposal, attached to the Agreement as Exhibit B, resulting in an increase of the total compensation, from $29,950.00 to an aggregate amount not to exceed $69,950.00. 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non -Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all 2620815.1 claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. Conflict of Interest. This First Amendment and the Agreement may be canceled by the Town pursuant to ARiz. REv. STAT. § 38-511. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On , 2016, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence 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) 2620815.1 2 "Consultant" BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC., an Arizona corporation Name: Title: (ACKNOWLEDGMENT) STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) On , 2016, before me personally appeared the of BROWN & ASSOCIATES CERTIFIED INSPECTION SERVICE, INC., an Arizona corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that -he/she signed the above document on behalf of the corporation. Notary Public (Affix notary seal here) 2620815.1 3 03/07/2016 07:26 TOWN OF FOUNTAIN HILLS IP 1 BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF bgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR YEAR -PER JOURNAL EFF -DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2016 09 16 03/03/2016 BUA INSPECTION 1 1 1 TMAD 7010 MANAGER -ADMIN CONTINGENCY 136,943.27 -24,000.00 100-10-10-101-100-0106-7010- BS INSPECTIONS/PLAN REVIEWS 03/03/2016 2 PZSAFE 6412 PLANNING -BLDG SAFETY CONTRACTUAL SERVICES 25,000.00 24,000.00 100-20-30-402-100-0240-6412- BS INSPECTIONS/PLAN REVIEWS 03/03/2016 ** JOURNAL TOTAL 0.00 APPROVED: DATE: MAYOR 112,943.27 49,000.00 03/07/2016 07:26 TOWN OF FOUNTAIN HILLS BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF CLERK: BBogdan YEAR PER JNL SRC ACCOUNT EFF DATE JNL DESC REF 1 REF 2 2016 9 16 BUA TMAD-7010 03/03/2016 INSPECTION BUA PZSAFE-6412 _ -._ 03/03/2016 INSPECTION ACCOUNT DESC T OB REF 3 LINE DESC CONTINGENCY 5 BS INSPECTIONS/PLAN REVIEWS CONTRACTUAL SERVICES 5 BS INSPECTIONS/PLAN REVIEWS JOURNAL 2016/09/16 TOTAL DEBIT 24,000.00 .00 P 2 bgamdent CREDIT 24,000.00 .00 Meeting Date: 3/17/2016 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Senior Planner rrodgersa-fh.az.gov 480-816-5138 Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a FINAL REPLAT for a LOT LINE ADJUSTMENT between 15477 E. Telegraph Drive and 15481 E. Telegraph Drive, aka Plat 604C, Block 9, Lots 3 and 4. (APN"s 176-13-779 and 176-13-780) CASE #S2016-01 Applicant: Terry & Kimberly Miller and RG Development Inc. Applicant Contact Information: P.O. Box 18293 11711 N. Spotted Horse Way Fountain Hills, AZ Fountain Hills, AZ Owner: Terry & Kimberly Miller and RG Development Inc. Owner Contact Information: P.O. Box 18293 11711 N. Spotted Horse Way Fountain Hills, AZ Fountain Hills, AZ Property Location: 15477 E. Telegraph Drive & 15481 E. Telegraph Drive, Fountain Hills Related Ordinance, Policy or Guiding Principle: Fountain Hills Subdivision Ordinance , Section 2.07 Replats Staff Summary (background): The applicants seek to modify the property line between their two lots in order to provide a slightly larger side yard for the Miller's existing houseon lot 4. Lot 3 is vacant and the owner, RG Development Inc has agreed to the transfer. The total area being transferred between the lots is 1,505.3 sq ft. The lots are currently zoned R1-8 and the proposed lot line adjustment maintains the zoning conformance for area and frontage on both lots. Risk Analysis (options or alternatives with implications): The proposal does not create any additional building lots nor does it impair the buildability of either of the two existing lots. Approval will allow the lot line adjustment and create a slightly larger side yard area for the existing house on Lot 4. Denial will require the property lines to remain as they are today. Page 1 of 3 15877 & 15481 E. Telegraph Dr. - Replat 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 Final Replat Lot Line Adjustment. List Attachment(s): Site Location Map Application Replat Plan (1 pg) SUGGESTED MOTION (for Council use): Move to APPROVE the Final Re -Plat Lot Line Adjustment between 15477 E. Telegraph Drive and 15481 E. Telegraph Drive, aka Plat 604C, Block 9, Lots 3 and 4. (APN"s 176-13-779 and 176-13-780). CASE #S2016-01 Prepared by: Obert od- 3/7/2016 Senior Planner Date Director's A royal: 3/7/2016 Paul Ndeod, ffev/61opment Services Director Approved: 3/8/2016 Grady Miller, ow Manager Date Page 2 of 3 `�V • lyf LJV 1VNL wIILC III LI 0%.1Q U.'M wetly Jj Filing Date ~ Accepted By Fee Accepted G� :<. Case Manager &LI �► �.✓g rk,tVI The Town of Fountain Hills Planning & Zoning Division - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary / Final Plat 2 Replat (Lot joins, lot spli lot line ad'ustments Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, if applicable) Variance Other PROJECT NAME / NATURE OF PROJECT: LEGAL DESCRIPTION: Plat Name G 0'-/- C Block �- Lot 3 �� PROPERTY ADDRESS: /S-'�4'77 4 is Yrs �E-_ a_tA r- f, PARCEL SIZE (Acres) 76,7t(17 If= Cv !A-<_-- ESSOR PARCEL NUMBER 17(-13-779 +7 b-' NUMBER OF UNITS PROPOSED Z TRACTS EXISTING ZONING A- Ir PROPOSED ZONING 9-1 -$ Applicant, 1cU Z -72- Mrs. f S�7ra ��- Day Phone Mr. Ms. Address: 0 �'"` 3 City: 4to C-- State: Zip: redact Owner Mrs. Day Phone Mr. Ms. Address: City: State: Zip: If application is being submitted by someone other than the owner of Me property under consideration, the section below must be completed. SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of My Commission Expires Notary Public App licoti n Revised 10 70 1 M NI S cP`J Page 2of6 20 Lf REPLAT OF FOUNTAIN MILLS ARIZONA PLAT 604-C BLOCK 9 LOTS 3 & 4 BEING A REPLAT 0� KKK 9. LOTS 3 & 4 0� FC1UNTAIN -ill-lf-S AR70NA :INAL MLAf No. AS R -CORDED iN 8OOK 292. 'Aq 4" RECORDS OF MARICOPA COUNTY RtCORDER, BEING A 11) J INORTH, RANGE 6 EAST, 6 L SUBDIVASON OF A PART 0'- SECT ONS 16 & 21, ]OWNSH, 0� !HE A ANO SAI T RiVT'R BASE AND MMUAN, MARICOPA COUNTY, ARIZONA. NORTH GRAPHIC SCAIX7W.W) CRASS C1 10 20 40 80 (;.,q I's aw. riRl'it IN MET OWNERS 'A is 0' AREA R"V'RE ifPI.Ai I �. 8 5 Sri 9 1,10' llkEA AF.T[;z Id. *t8 V — LfGEN ...... ... SITE .. MCASORU) VAL�;L TELCGRAPH DRP 0 Si T R,-bAk (,AP RPGS 45375 mo LOT AA T1W- L MUIR AND "(WEA" S. WLffR P.O. Box 18293 FWIJTAIN HILLS. A' 85269 (602) 121-2500 LOT 2A K W41.101*1041 i4c, ilm N. FPorliD ooi?,k w, WWWAN HILLS, Al 95268 (480) 2301 670ri REFERENCES= AWY OCED PS VORA?-=915+1- W.14iA1N HAS WONA RLFLAT. A REPIA- OF IKOM'S 2. 3 ANN 9 FINAL VAP 604-C. RECORDIT IN VAKWA L'OVY RICV"D.R5 UfflCE KO 292. --19;E 41. 3 NO VILL REPORT WAS PPOMDED FOR 11,4E irc-NE--IT Or T45 RUILAT ASSURED WATER SUPPLY: A 1APTINUAFE (A A7.Ajr-W WAIUR W'Ptf MG d ' I I'di AS50%. INATER VMCE FOR Ti--iS SIAXIMS0 HAVE Wk SLeMITTED TO JK 1OWN OF J'()uuTAw hUS FRW (Y APAWAL Cily *AlfR C%)VPMY 1-c,-.Q2SQRPM0N-- iWr 3 & 4 IX FOUNTAIN HlaS QZ70"4A RFPtAl AS IN 8000 292 0 MAPS, PACS 47 RECORDS 01� MON '.1(UNTY RECORD R. APPROVALS AI-r';C'1FD 8" THE 1`0VN COUNCIL. THE TOWN ENGINEER, ANE? 1H -V iK$ - �Ay OF MAYUT( :)Alt -)1KCICA OAF "Oft ENGINEER GAIL TOWN OF FOWAIN HLLS NOTE: 40 UTILITY C0N$W1ft HAS 8M KCIA" AS A PART OF WS Rr;k-kT OVER SPIALL CONSTRUCT ANY jr:U71 YM WMED CONWWNT WTH M PRSJ OUUM PEROT WORK F% EA0i LOT. DEDICATION: 4 ;TATE OF QZ(-+4A S.S. C',VNTY 0-- MAKWA) 11 n Pi 4NOW Alt MEN By WSE PFESENTS :KAT IMY L 1aLFR AND 0113MY S M!LiR. ANG PC DFIiELOPUFNI INC. AN WHO CLWORA"14N. AS OWERS. HAW WMIADE0 Loffl? D -F hAMF RP:qAT OF rOWIM 42 LS AP;Z0NJk Pt V 904-C FILWA 9 WIS 3 4k 4. .4 "At OF BLOCK T. LOTS 3 A 4, MVIC A REPLAT OF F"TAA WIS MotuF% A PLAT 604--c AS RECO! D N B= 7 ON AL PACE 47, RECORDS OF WAACOPA COUNrY, X%ZONk AS Sri0M P-ATZ0 WrFM AND HER3Y PJ&&FS SAID PLAT ANO WKBY DEC -ARES TH&I SAID "LAI SETS FOR"m K LOCATION AND WAS THL 05kASM a :AN LOT A-40 T1- Numm OWN Fla R-tS'FCMLV ON SAX- PLAT. OMERS HEREBY GRANT TO K PULLtC IRL LAS&EN113 FOR PVPPW--S INWWID ON SAID REPLAT. IN *INCSS MEY-OF. W DECLARANTS 14ME CAM%D KIR NAN,-'S 10 UE AFFIXED .01D THE SAW 10 3L ATTESILD BY Ti4ag '901ATUR-CS FVO* cl CL HLiLL&IO My AUD*IZED IKS DAY OF 2016 Li -------- KNURLf S. MILER M FOR R' Di-VtLOPIIIENT INC. WFZ �F ACKNOWLEDGMENT: ul �o i Z t - V) 4: t-4 2 z Z CIE CN 'HIS 00 OF 2016, Ec OPF kiE. T-t.:'wj?,i Isu;70 PERS APKA:irED AAD FX-CUTFID THF F(PrGOIN4 17OR r -i--' PiRPOSE T,;EREIN UMIAINFN" SIG'ONG H:5 t4AME > P4 WTNFSS *14FRrOIF: I fl[REUNIO SCT MY 1-i4ND AND CFAC141. HAI- Q < Z c• ul BY: YY WIM IRES 1:3 tv IV 140TAR, Mi I. z Co ACKNOWLEDIG ENT1 z- 1 A IT OF col."ll �) Of CN NIS DAY OF 2016, BUCK 91, KAUYL"' S 1:1f._ER PLRSC&ALf-'r APWAR�T w AND, M00 THEFOREUMIC INSTRUMEN1 ftk iii FuRvOSC rij.'RCIN CONTA��ED BY �)(A;Nc Hill: N'AML- IN V11T4ESS AK-REOFi i:EREUWQ 50 Mf IiAND AND U*-i:',k SAr:. —Vmls�qopi xp!Rf NOTAR'{ PUFA Ir ACKNOWLEDGMENT' cowil or 04 WIS DAY Or ivxroRE ME. RiE -,Awzsicw-D om-cl.-P. KRSONALLY A.PPEARt'V VjV**j ACK40KE1DW) Hk"HERSELF TO EE AN OVICUR U RG GE'l-1.101"MEN, IN,--, AN VAI -0 w COAKARA110,14. AND IIIAT AS !i -JC -4 One CFR rsFN"XT4,FING SO TO DC rXF4U-TF %J. .11 THE FORCGPOINi, I'N'37RUM"NI 170p, q" THE 1"URPOSE -1-11REiN CONIMNLI) BY SIGN;% 144 NAME I* 441t. COMP.W. BY HiMi"HMI-Y. M SLIGA OFFICER. IN oftSs I I'lli-AUN10 S MY HAN) AND W!CIAL SEk. By. I)Y CWMISSM EXPRES: NOTARY R1.181."V (14 BASIS OF BEAPMO !4 CT.NI1.&JW rf IftKNAP4 DW& HAWC A REAMhM OV NWIH, AS S00 "N FOUNTAIN ►;ht -S AR11VIA RtPLAi, AS f400019 IN 80A &I. PA(k 41, RKX= Of' MAtCOPA QUNTY RfC=.fR, M.WLWA CIXINFY, AWONA, LIJ CIL cemmcATKA- TmS IS TO MRM TK WRVEY AW SamSoN OF THE Kqms nwWo AND PLATTEO KKCN KK MAX MM Vy DKIRM MMIG T14E k0114 Of E*CFUW 2015, AM THAT THE SLIRVEY IS TRUE AW COWC1 To JNk Gj.S1 OF M) KNOWLIF.09,, AND IH0.I WE V10"ENTS 9400 ACIRKLY EW OR Mi BE SET AS WMI, REOSrEKO LAhr. SWVLYOR RLS. K bKNgL D. IN LOCI 45378 1*10" ORAVANG .40. N 93W00' E '27.W(R) Ale Co 1.07 ARTA Bt':'CP.F 1-17"1 a 1 -4 F, Ji. L31 LN E MAILD 1145 PLAi X j�7 IN LOT 4\1 Rfmgt Tu' THIS PLA I DTII_ ;SES 'A is 0' AREA R"V'RE ifPI.Ai I �. 8 5 Sri 9 1,10' llkEA AF.T[;z Id. *t8 V — LfGEN ...... ... SITE .. MCASORU) VAL�;L TELCGRAPH DRP 0 Si T R,-bAk (,AP RPGS 45375 mo LOT AA T1W- L MUIR AND "(WEA" S. WLffR P.O. Box 18293 FWIJTAIN HILLS. A' 85269 (602) 121-2500 LOT 2A K W41.101*1041 i4c, ilm N. FPorliD ooi?,k w, WWWAN HILLS, Al 95268 (480) 2301 670ri REFERENCES= AWY OCED PS VORA?-=915+1- W.14iA1N HAS WONA RLFLAT. A REPIA- OF IKOM'S 2. 3 ANN 9 FINAL VAP 604-C. RECORDIT IN VAKWA L'OVY RICV"D.R5 UfflCE KO 292. --19;E 41. 3 NO VILL REPORT WAS PPOMDED FOR 11,4E irc-NE--IT Or T45 RUILAT ASSURED WATER SUPPLY: A 1APTINUAFE (A A7.Ajr-W WAIUR W'Ptf MG d ' I I'di AS50%. INATER VMCE FOR Ti--iS SIAXIMS0 HAVE Wk SLeMITTED TO JK 1OWN OF J'()uuTAw hUS FRW (Y APAWAL Cily *AlfR C%)VPMY 1-c,-.Q2SQRPM0N-- iWr 3 & 4 IX FOUNTAIN HlaS QZ70"4A RFPtAl AS IN 8000 292 0 MAPS, PACS 47 RECORDS 01� MON '.1(UNTY RECORD R. APPROVALS AI-r';C'1FD 8" THE 1`0VN COUNCIL. THE TOWN ENGINEER, ANE? 1H -V iK$ - �Ay OF MAYUT( :)Alt -)1KCICA OAF "Oft ENGINEER GAIL TOWN OF FOWAIN HLLS NOTE: 40 UTILITY C0N$W1ft HAS 8M KCIA" AS A PART OF WS Rr;k-kT OVER SPIALL CONSTRUCT ANY jr:U71 YM WMED CONWWNT WTH M PRSJ OUUM PEROT WORK F% EA0i LOT. DEDICATION: 4 ;TATE OF QZ(-+4A S.S. C',VNTY 0-- MAKWA) 11 n Pi 4NOW Alt MEN By WSE PFESENTS :KAT IMY L 1aLFR AND 0113MY S M!LiR. ANG PC DFIiELOPUFNI INC. AN WHO CLWORA"14N. AS OWERS. HAW WMIADE0 Loffl? D -F hAMF RP:qAT OF rOWIM 42 LS AP;Z0NJk Pt V 904-C FILWA 9 WIS 3 4k 4. .4 "At OF BLOCK T. LOTS 3 A 4, MVIC A REPLAT OF F"TAA WIS MotuF% A PLAT 604--c AS RECO! D N B= 7 ON AL PACE 47, RECORDS OF WAACOPA COUNrY, X%ZONk AS Sri0M P-ATZ0 WrFM AND HER3Y PJ&&FS SAID PLAT ANO WKBY DEC -ARES TH&I SAID "LAI SETS FOR"m K LOCATION AND WAS THL 05kASM a :AN LOT A-40 T1- Numm OWN Fla R-tS'FCMLV ON SAX- PLAT. OMERS HEREBY GRANT TO K PULLtC IRL LAS&EN113 FOR PVPPW--S INWWID ON SAID REPLAT. IN *INCSS MEY-OF. W DECLARANTS 14ME CAM%D KIR NAN,-'S 10 UE AFFIXED .01D THE SAW 10 3L ATTESILD BY Ti4ag '901ATUR-CS FVO* cl CL HLiLL&IO My AUD*IZED IKS DAY OF 2016 Li -------- KNURLf S. MILER M FOR R' Di-VtLOPIIIENT INC. WFZ �F ACKNOWLEDGMENT: ul �o i Z t - V) 4: t-4 2 z Z CIE CN 'HIS 00 OF 2016, Ec OPF kiE. T-t.:'wj?,i Isu;70 PERS APKA:irED AAD FX-CUTFID THF F(PrGOIN4 17OR r -i--' PiRPOSE T,;EREIN UMIAINFN" SIG'ONG H:5 t4AME > P4 WTNFSS *14FRrOIF: I fl[REUNIO SCT MY 1-i4ND AND CFAC141. HAI- Q < Z c• ul BY: YY WIM IRES 1:3 tv IV 140TAR, Mi I. z Co ACKNOWLEDIG ENT1 z- 1 A IT OF col."ll �) Of CN NIS DAY OF 2016, BUCK 91, KAUYL"' S 1:1f._ER PLRSC&ALf-'r APWAR�T w AND, M00 THEFOREUMIC INSTRUMEN1 ftk iii FuRvOSC rij.'RCIN CONTA��ED BY �)(A;Nc Hill: N'AML- IN V11T4ESS AK-REOFi i:EREUWQ 50 Mf IiAND AND U*-i:',k SAr:. —Vmls�qopi xp!Rf NOTAR'{ PUFA Ir ACKNOWLEDGMENT' cowil or 04 WIS DAY Or ivxroRE ME. RiE -,Awzsicw-D om-cl.-P. KRSONALLY A.PPEARt'V VjV**j ACK40KE1DW) Hk"HERSELF TO EE AN OVICUR U RG GE'l-1.101"MEN, IN,--, AN VAI -0 w COAKARA110,14. AND IIIAT AS !i -JC -4 One CFR rsFN"XT4,FING SO TO DC rXF4U-TF %J. .11 THE FORCGPOINi, I'N'37RUM"NI 170p, q" THE 1"URPOSE -1-11REiN CONIMNLI) BY SIGN;% 144 NAME I* 441t. COMP.W. BY HiMi"HMI-Y. M SLIGA OFFICER. IN oftSs I I'lli-AUN10 S MY HAN) AND W!CIAL SEk. By. I)Y CWMISSM EXPRES: NOTARY R1.181."V (14 BASIS OF BEAPMO !4 CT.NI1.&JW rf IftKNAP4 DW& HAWC A REAMhM OV NWIH, AS S00 "N FOUNTAIN ►;ht -S AR11VIA RtPLAi, AS f400019 IN 80A &I. PA(k 41, RKX= Of' MAtCOPA QUNTY RfC=.fR, M.WLWA CIXINFY, AWONA, LIJ CIL cemmcATKA- TmS IS TO MRM TK WRVEY AW SamSoN OF THE Kqms nwWo AND PLATTEO KKCN KK MAX MM Vy DKIRM MMIG T14E k0114 Of E*CFUW 2015, AM THAT THE SLIRVEY IS TRUE AW COWC1 To JNk Gj.S1 OF M) KNOWLIF.09,, AND IH0.I WE V10"ENTS 9400 ACIRKLY EW OR Mi BE SET AS WMI, REOSrEKO LAhr. SWVLYOR RLS. K bKNgL D. IN LOCI 45378 1*10" ORAVANG .40. Meeting Date: 3/17/2016 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers@fh.az.gov Strategic Priority: Not applicable Council Goal: Not applicable REQUEST TO COUNCIL: CONSIDERATION of approving the FINAL PLAT entitled "Replat of Plat 302, Block 5, Lots 1 & 2, and Parcel A", that combines lots 1, 2, and a portion of Parcel A into a new Lot 1A". Case # S 2016-04 CONSIDERATION of a BUDGET TRANSFER in the amount of $7,800 from the Town Manager's Contingency to Development Services relating to the cost of the theater replat. Applicant: The Town of Fountain Hills Applicant Contact Information: 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Property Location: 11437-11445 N. Saguaro Blvd Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: Fountain Hills Subdivision Ordinance , Section 2.07 Replats Staff Summary (background): The Town is requesting this replat in order to combine lots 1 & 2 as well as a portion of Parcel A which together will become Lot 1A and contain the existing Community Theatre building and parking lot. Existing utility and access easements will remain in place. The Town is also requesting a budget transfer in the amount of $7,800 to cover the cost of the survey plan. Risk Analysis (options or alternatives with implications): Approval of the re -plat will allow the Town to combine the properties which the community theatre now occupies into one lot. Disapproval will require the Town keep the existing lot configurations. Fiscal Impact (initial and ongoing costs; budget status): NA Page 1 of 2 Theatre Replat TC — 3/17/2015 Staff Recommendation(s): Staff recommends approval of the replat and the budget transfer as presented. Attachment(s): Location Map Replat Plan (2 pgs) Budget Transfer Detail Professional Services Agreement (Contract No. C2016-225) SUGGESTED MOTION: Move to approve the FINAL PLAT entitled "Replat of Plat 302, Block 5, Lots 1 & 2, and Parcel A", that combines lots 1, 2, and a portion of Parcel A into a new Lot 1A" as presented. Move to approve the BUDGET TRANSFER in the amount of $7,800 from the Town Manager's Contingency to Development Services relating to the cost of the theater replat. Submitted by: Robert 1Rodger% 3/3/2016 Senior Planner Date Approved: 31312016 Date Paul Mood, Development Services Director Approved: (;U� VAA" 3/7/2016 Grady Miller To n Manager Date Page 2 of 2 Location Map �c} cALCULATFD (M} MEASURED VALUE (R) RECORDED VALUE PER MCR 156-45 (RT) RECORDED VALUE PER DOC 96-0322878 'R2) RECORDED VALDE PER DOC 2000-(•344825 APN ASSESSOR'S PARCEL NUMBER k!C;R7 MARICOPA COUNTY RFCORDERR DCC DOCUMENT D.E. DRAINAGE EASEMENT P.U.I'. PUBLIC UT1I.17IES ASFkiF-r�-r S.W.C. SIDEWALK EASE'vi-ENT Al F INA1 I FA�FMr'N r 0 FOUND REBARt Q FOUND REB AR WITH CAP RPL S #415,378 J! FOUND H01 T SPIKE • SET REBAR WITH CAP RILLS #453175 --- E.A;;ER,li: m T LITE Lw -mu T WVR 2 REPLAT OWNER. TOS: OF F" T A!?I HUS 16105 E. A431UT Of T,$ FOUNTAINS NU)j IkN HU $. A: "e 481-816- 5100 REFERENCE 1. "ARTY OEM PER UCRAWO-0185684 2 TTARRANTY DEED M gCR-1997-O?M49 S ALLEY A,9M EliT PLR FICR:46--0322$19 A. TFIEV=4 CABIF EASEWNT PLR " DOCKET 9213 PACE 489 (OLW..T EASEMENT - NOT 900) s. T RANWWON LIMES PER PCR DOIXT 10345 PALL OR 8 tDI� PGWR PER 110 90-a�6 71 7. A=SS EASWNT PO LICR MI -W44875 8. U.400KRan PMA PER ko 3001--059059 S. K -%ER OISTRf& 7*4 EAM- AIENI PER NCR 2010-0'31119 10 UfdJTY TRANSMSSON EASLMENT PER MCR 91.0208846 IT, LFTIUE.NT EASFIHDRT PER %0 97-0208134' AND 99—OIBIM 12. TITLE W"T ETT AW AlErJKM TIRE PMOANCE CWPANY p5754&'S ASM i D WATER SUPPLY: A CE'RTFTATF LIR' t.CSURM WAWR SUPPLv AND IFTlvR ASSURNC *ATE'R SERVO FOR THIS SU>MNIS10RR RAW UUN WNITILD 10 IK TOYM OF 1OMIALN HILLS FROV Ot*ARRAI 0a WATER COWANY. REPLAT OF PLAT 302 BLOCK 5 LOTS 1 & 2 AND PARCEL A A REPLAT OF LOTS 1 & 2. AND PARCEL A Or FOUNTAIN HILLS, ARIZONA FINAL PLAT NO. 302, BLOCK 5, AS RECORDED IN B00i( 156 OF MAPS, PAGE 45, AND RIGHT-OF-WAY ABANDONMENT PER DOCUMEN L 96-0322878, RECORDS OF MARICOPA COUNTY RECORDER, BEING A SUBDIVISION OF A PART OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 6 EAST, OF THE CILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA. DED)CATION= STATE OF ARRZONA ) ) S.S. COW4TY OF UARICOPA) KNOW All. NEN BY THLSE PRMTS THAT Till TOWN OF F06WAIN Ha LS. AS OAWR. HAS St18DTifW, UNDER TW NAME REPLAT. OF PIAT 302 ITLM 5 LOTS I d 2 AND PARR A. A REPLAT OF LOTS 18 2 AND PARCEL A OF FOUN(AIN HUS, ARIZONA FINAL PLAi Na 301 AS RECORDED IN BOOL( 156 OF LAPS, PACTS 45, RECORDS Of UARICOPA COUNTY REIrtf$R7R. UARitG I►A CGLINTY, ARIZONA, AS SHOW PLATTED HEREON: AND HiREE1Y RSJSKS SAID PLAT AND KRERY DECLARES THAT SAO PLAT SCIS FORTTI THE LOCATION A.'O p11FS K DWNSTONS OF EACN LOT AND THE VAMP MN EACH R.SPECT)WLY ON SAID PLAT. LMAII;R F ERWY GRANIS TO 1HL PUBLIC THE FASWENTS FOR PURPOSES INDICATM ON SAID RMAT IN 4TNT.SS WW"- THE DECLARANT BRAS CAPD ITS NAME TO RE AFRAM ANO THE SAME 13 BE ATTESTED BY THE SbNATURC OF Mi IM MANAGER AND ATTESIATION OF 96 IOM a-zRK 3ROw. WFUNTO DIAI AUTH nv" Ii6S---- DAY OF — 2016 APPROVALS ADPRO'v'ED 8" n•E TO%W '17,WNCIL. W TORN ENGINEER, AND THE CO"JNiTY DEUELOPFMFN S DXCTOR. [HIS ........ ._..... DAl' OF _. 2016 MAYOR DATE COMRNUNiTY CE.YELUF►3Eti7 DIRECTOR DATE - TCIkNV CLLRK DATE TOM FNGINFER DA IF PAHM LEG& DESCRIPTiOI�k LOTS 1 & 2 AND PARCEL A OF FOUNTAIN MILLS, ARIZONA FINAL PLAT f4O. 302. BLOCK 5. AS RECORDCG IN BOOK 156 OF MAPS, PAGE 45, AND RIGHT-OF-WAY ABAR1i3MMENT PER DOWMENT 96-0322878, RECORDS Of MARICOPA CaJNTY RECORDER. PTV':_ N f� r < � j I �.-c114csTIE: E R!'!T it F'VAwf1 It 1140'%4w Itrr cl & A A M BASIS OF 99A 'HE EAST LKS OF. FOUNTAIN RUS ARIZONA FINAL PLAT 14 302. AS RMWD IN kXR 00% 156 PACE 4s: MORNTT{e N AT LAUESIDE 1WCr PHASE 2, AS RECORDED ri MCR M 371 PAGE 34, PUERTO M LAGO AS RECORL'fp IN UCC B= 395 PAGE 19; AND nNAL REPLAT Or TRACT C TRACT N AND TRACT P MAiMTE DEI. LAW AS RIT:O) W IN MER BU 561 PAGE 2% SATO Lff INENG ALSO THE EAST BOURII)ARY OF THE TOM OF Rti WAIN IMLS„ FROM A I" PIPE 91.81 FEET SOU114Yl61F18.Y FROM T14E 0109CIlON OF SAID LIRE d1H THF CFNTEX]INE OF RABID CM%f. 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KAIt. lA:�fA1L�i7 \ ^I�1C(ypF'�t-11 1 �1, , 4Q C: :,F G F t?:.rl'J KE$AP Zi•. --.... � -_ � 830 t- :.-1 - tc� MT 214.6i'~ SR {j :3tAG?(J� - _ Z- ` ' -- f ff•1 rt ter PARCEL "A" �j 1 1�� •-..�..."... .. �i j' til, w• �� '� do DX.� 1 I z cc �.NLAKCE) EQ ETAiL c�} 3-"6,261 ;POUAXW- .- _ 6181 fx3t1} i Mr ft-mv, IV ORAWNG N* 02/22/2016 10:52 OF FOUNTAIN HILLS Ip 1 (TOWN BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF Ibgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR YEAR -PER JOURNAL EFF -DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2016 07 8 01/05/2016 BUA CT REPLAT 1 1 1 TMAD 7010 MANAGER -ADMIN CONTINGENCY 136,943.27 -7,800.00 129,143.27 100-10-10-101-100-0106-7010- COMM THEATER REPLAT 01/05/2016 2 FACCT 6402 FACILITIES -COM THEATER PROFESSIONAL FEES .00 7,800.00 7,800.00 100-20-30-303-600-0250-6402- COMM THEATER REPLAT 01/05/2016 ** JOURNAL TOTAL 0.00 APPROVED: MAYOR DATE: 02/22/2016 10:52 TOWN OF FOUNTAIN HILLS P 2 BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF bgamdent CLERK: BBogdan YEAR PER JNL SRC ACCOUNT ACCOUNT DESC T OB DEBIT CREDIT EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC 2016 7 8 BUA TMAD-7010 CONTINGENCY 5 7,800.00 01/05/2016 CT REPLAT COMM THEATER REPLAT BUA FACCT-6402 - PROFESSIONAL FEES 5 7,800.00 01/05/2016 CT REPLAT COMM THEATER REPLAT JOURNAL 2016/07/8 TOTAL .00 .00 Contract No. C2016-225 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MONTGOMERY ENGINEERING & MANAGEMENT, L.L.C. THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is entered into as of December 21, 2015, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Montgomery Engineering & Management, L.L.C., an Arizona limited liability company (the "Consultant"). RECITALS A. Pursuant to Section 7.1 of the Town Procurement Policy and 3-3-16 of the Town Code, the Town may directly select consultants for professional and technical services. B. The Consultant possesses the specific skill and experience required to perform surveying and engineering services for the Fountain Hills Community Theater replat (the "Services"). C. The Town desires to enter into an Agreement with the Consultant to perform the Services, as more particularly set forth in Section 2 below. A(1RFFMFNT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until March 31, 2016, unless terminated as otherwise provided in this Agreement. 2. Scope of Work. Consultant shall provide the Services as set forth in the Scope of Work, attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay Consultant an amount not to exceed $7,800.00 for the Services at the rates set forth in the Fee Proposal, attached hereto as part of Exhibit A. 4. Payments. The Town shall pay the Consultant monthly, based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. The contract number must be referenced on all invoices. 2514717.1 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. Consultant agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. 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, Consultant 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. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Consultant's performance. The Consultant shall provide and maintain a self -inspection system that is acceptable to the Town. 8. Licenses; Materials. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. The Town has no obligation to provide Consultant, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Consultant. 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and to the highest professional standards in the field. 10. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify 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") to the extent that such Claims (or actions in respect thereof) are caused by the negligent acts, recklessness or intentional misconduct of the Consultant, its officers, employees, agents, or any tier of subcontractor in connection with Consultant's work or services in the performance of this Agreement. 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. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do 2514717.1 2 business in the State of Arizona pursuant to ARiz. 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 Agreement at the Town's option. B. No Representation of Co_ a Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant.- The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement, but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, 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 Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. 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 Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Consultant's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. 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. G. 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 Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. 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 2514717.1 3 applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Section and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant 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 Agreement, issued by Consultant's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement 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 Agreement. 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 Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Consultant'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 Agreement shall be identified by referencing this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without a reference to this Agreement. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing this Agreement will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration pages shall specifically include the following_ provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability —Under ISO Form CA 20 48 or equivalent. (c) Excess Liability —Follow Form to underlying insurance. (2) Consultant's insurance shall be primary insurance with respect to performance of this Agreement. 2514717.1 4 (3) 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 Consultant under this Agreement. (4) 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. 11.2 Required Insurance Coverage. A. Commercial General Liability. Consultant shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $500,000 for each occurrence, $1,000,000 Products and Completed Operations Annual Aggregate and a $1,000,000 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 Agreement, 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 fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $500,000 each occurrence on Consultant's owned, hired and non -owned vehicles assigned to or used in the performance of the Consultant's work or services under this Agreement. 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 Agreement, 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. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or 2514717.1 5 work adjunct or residual to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $500,000 each claim and $1,000,000 annual aggregate. D. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $100,000 for each accident, $100,000 disease for each employee and $500,000 disease policy limit. 11.3 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. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Consultant of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement 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 Agreement 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 (A) provides written notice to the non -defaulting party and (B) 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 Consultant for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stopp ize. This Agreement may be terminated by the Town upon 30 days' written notice to Consultant 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 Consultant for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REv. STAT. § 38-511. The Town may cancel this Agreement 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 Agreement on behalf of the 2514717.1 6 Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement 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 Consultant or any agent or representative of the Consultant to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement 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 Consultant an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this 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 this 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 Consultant 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. Consultant 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. 13. Miscellaneous. 13.1 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 Consultant acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Consultant, 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 Consultant, its employees or subcontractors. The Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements of its agreed Scope of Work as set forth in Section 2 above. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine business operations under this Agreement. 2514717.1 7 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in the Maricopa County, Arizona. 13.3 Laws and Regulations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations, (B) existing and future State and Federal laws and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement 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, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement 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 this Agreement which may remain in effect without the invalid provision or application. 13.7 Relationship of the Parties. 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 Consultant is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and Consultant agrees to be fully and solely responsible for the payment of such taxes or any other tax applicable to this Agreement. 13.8 Entire Agreement; Interpretation; Parol Evidence. This Agreement 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 Agreement are hereby revoked and superseded by this Agreement. 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 Agreement. This Agreement 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 this Agreement. 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 Agreement. 2514717.1 8 13.9 Assignment; Dele ag tion. No right or interest in this Agreement shall be assigned or delegated by Consultant without prior, written permission of the Town signed by the Town Manager and no delegation of any duty of Consultant shall be made without prior, written permission of the Town signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.10 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Consultant. 13.11 Rights and Remedies. No provision in this Agreement 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 Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.12 Attorneys' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement 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. 13.13 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.14 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.15 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. 2514717.1 9 Mail, registered or certified, return receipt requested, to the address set forth below or (C) 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: Grady E. Miller, Town Manager With copy to: GUST R4SENFELD P.L.C. One East Washington Street, Suite 1600 Phoenix, Arizona 85004-2553 Attn: Andrew J. McGuire, Esq. If to Consultant: Montgomery Engineering & Management, L.L.C. 16716 East Parkview Avenue, Suite 204 Fountain Hills, Arizona 85268 Attn: Dave Montgomery 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 (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) 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. 13.16 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring thot information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Consultant's duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.17 Records and Audit Rights. To ensure that the Consultant and its subcontractors are complying with the warranty under subsection 13.18 below, Consultant's and its subcontractors' books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Consultant and its subcontractors' employees who perform any work or services pursuant to this Agreement (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 (A) evaluation and verification of any invoices, payments or claims based on Consultant's and its subcontractors' actual costs (including direct and indirect costs and overhead 2514717.1 10 allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.18 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Consultant 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 Agreement for the duration of the work and until three years after the date of final payment by the Town to Consultant pursuant to this Agreement. Consultant 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 Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.18 E -verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Consultant 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). Consultant's or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.19 Conflict Terms. In the event of any inconsistency, conflict Cr ambiguity among the terms of this Agreement, the Scope of Work or the Fee Proposal, the documents shall govern in the order listed herein. 13.20 Non -Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES ON FOLLOWING PAGES] 2514717.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation J;a� , V"v k ,^r Grady E.er, own Manager ATTEST: Bevelyn J. Be er, n Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ne-QUg)QEJV 1C1, 2015, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence 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. JENNIFER LYONS _y, Notary pubtic.State of Arizona Maricopa County r My Commission Expires April 08, 2019 (Affix notary seal here) No(ry Publi [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2514717.1 12 "Consultant" MONTGOMERY ENGINEERING & MANAGEMENT, L.L.C., an Arizona limited liability company By: i ry Na1ne:.� ----� Title: I (--- (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On Tpece*vLbe v- '-30 , 2015, before me personally appeared D'u ► A Mti�l4g19Rf1V,4 , the ?M-5ie ert — of MONTGOMERY ENGINEERING & MANAGEMENT, L.L.C., an Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the limited liability company. PAULA L. WOODWARD Notart Public - State of AM= MARICOPA40UNTV rmy Commission E*ires • � a EOust 18, 2018 (Affix�rratrq seal -here) 2514717.1 13 Notary Public EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MONTGOMERY ENGINEERING &MANAGEMENT, L.L.C. [Scope of Work and Fee Proposal] See following page. 2514717.1 Scone of Work and Fee Pronosal Replat to join Plat 302 Block 5 Lots 1, 2 and a portion of Tract A. Boundary survey of Lots 1 and 2 plus Tract A and set and cap any missing corners. A replat drawing will be prepared showing the existing monuments found and the new lot layout that joins all of Lots 1 and 2 and a portion of Tract A. Existing easements will be shown based on a title report by a Title Company. A mylar of the final plat will be provided to the Town. We estimate the work will include the following: Field survey work to locate existing boundaries for 3 lots/parcels: $2,300.00 Office work to review the title report and meet with Town: 1,000.00 Office work by surveyor on field data and review plat: 900.00 Office work CAD technician to draw replat: 19700.00 Field set any missing property corners: 13,000.00 Mylar and printing: 100.00 Subtotal: $7,000.00 First American Title special non-insured title report on the 3 parcels (estimate): 800.00 Total: $7,800.00 NOTE: Town replat and recording fees are not included. ACQRE® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 12/29/2015 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(SL AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the term and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the cerdticate holder In lieu of such endorsement(s). PRODUCER GOILUCCI INSURANCE GROUP 17008 E Enterprise Drive Suite 5 Fountain Hills AZ 85268 � CONTACT NAME: Wendy S. Dahlmann PHONE Exl : (4 8 0) 2 0 3 - 2 9 6 0 FAC No : (480)816-0409 ADDRESS: +�+ endy@ cisarizona . com iN8URER(S) AFFORDING COVERAGE NAICp INSURER A: CONTINENTAL CASUALTY COMPANY 35289 INSURED Montgomery Engineering & Management, LLC 16 716 E. Parkview Ave. Suite 204 Fountain Hills,, AZ 85268 480-837-1845 INSURER 8: Hart:Eord Casualty surance Company 29424 INSURER C: ' INSURER D: INSURER E INSURER F 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. LLTRR TYPE OF INSURANCE INso WVD POLICY NUMBER MMIDDMYYY) (MWDR= LIMITS X COMMERCIAL GENERAL UUI STM CLAIMS -MADE ® OCCUR EACH OCCURRENCE $ 1,0001000 PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10 000 A Y 4024301109 12/01/15 12/01/16 PERSONAL & ADV INJURY $ 1,000,000_ GENERAL AGGREGATE $ 21000,000 GERL AGGREGATE LIMIT APPLIES PER: POLICY � JECT F� LOC PRODUCTS - COMPIOP AM $ 2 , O O O , O O O $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ i, 0 0 0, O O O BODILY INJURY (Per person) S $ ANYAUTO ALL OWNED SCHEDULED AUTOS x AUTOS NON - HIRED AUTOS 5 9UEC4 632K2 12 / 01 / 15 12 / O 1 / 16 BODILY INJURY (Per accident) $ FCOPERTY Per ec0derit $ $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DEO I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRGPRIETORIPAWNEA/EXECUTNE aN!A oFFICERAWABER EXCWDM? wandm M NN) escribe under 90SNIPTIONOF OPERATIONS below PER OTH- STATUTE I IER E_1.. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE$ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Adclitional Remarks SdvWe. may be attached if more space is required) Certificate Holder: Town of Fountain Hills, it's agents., representatives, officers, directors, officials and employees are additional insureds as respects to General Liability and Auto Liability if required in a written contract. Waiver of Subrogation applies to General Liability, Auto Liability if required in a written contract. The general liability is primary if required by a written contract. cEKi Ir-lcAr E MULDER CANCELLATION Town of Fountain Hills (2) 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 ®1988-2014 ACORD CORPORATION. All dahts rewrved. ACORD25 (2014101) The ACORD name and logo are registered marks of ACORD CNA SB -146932-E (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization coverod as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED — BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: I. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor, d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its SB -146932-E (Ed. 06111) own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products - completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured -- Your Work That person or organization for whom you do work is an additional insured solely for liability Page 1 of 5 CNA S&146932-E (Ed. 06/11) due to your negligence specifically resulting This insurance does not apply to "bodily from your work for the additional insured injury," "property damage" or "personal and which is the subject of the written contract or advertising injury" arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of �. Controlling Interest g the additional insured. The insurance provided to the additional Any persons or organizations with a insured is limited as follows: controlling interest in you but only with respect to their liability 9 arisin out of: (1) The Limits of Insurance applicable to the 1 Their financial control of you; or (� con additional insured are those specified in the written contract or written agreement (2) Premises they own, maintain or control orin the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in addition to, the Limits of Insurance shown This insurance does not apply to structural in the Declarations. alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and paragraph F.9. of the definition of "insured d. Managers or Lessors of Premises contracC under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, "bodily injury" or "property damage" maintenance or use of that specific part of the arising out of the "products -completed premises leased to you and subject to the operations hazard" unless required by the following additional exclusions: written contract or written agreement. This insurance does not apply to: (3) The insurance provided to the additional insured does not apply to "bodily injury," (1) Any "occurrence" which takes place after "property damage," or "personal and you cease to be a tenant in that premises; advertising injury" arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee, Assignee or Receiver following provisions: � ee, A mortgagee, assignee nee or receiver but only 9 (1) This insurance applies only with respect with respect to their liability• as mortgagee, CD to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured. advertising signs, awnings, canopies, f. owners/other Interests — Land is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land " hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, _= similar exposures; or maintenance or use of that specific part of the (b) The construction, erection, or land leased to you and subject to the following additionsl exclusions: removal of elevators; or 2 This insurance applies only with respect (} PP Y P This insurance does not apply to: to operations performed by you or on your (1) Any "occurrence" which takes place behalf for which the state or political after you cease to lease that land; or subdivision has issued a permit. SB -146932-E Page 2 of 5 (Ed. 06/11) CNA S&146932-E (Ed. 06/11) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such k. Damage To Property 9 additional insured. g. Co-owner of Insured Premises "Property damage" to: A co-owner of a premises co -owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of su(h Any person or organization from whom you property for any reason, Including prevention of injury to a person or lease equipment. Such person or organization damage to another's property; are insureds only with respect to their liability arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract 3. Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following addifional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the "property after the equipment lease expires; or damage" arises out of those (2) To "bodily injury," "property damage" or operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work" ar_d damage" included within the "products -completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: (1 ) rented to you: 4. This insurance is excess over any other insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and noncontributing. A separate limit of insurance applies to Damage To Premises Rented To You as 4. LEGAL LIABILITY — DAMAGE TO PREMISES described in Section D — Uability and A. Under B. Exclusions, 1. Applicable to Medical Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB -146932-E Page 3 of 5 (Ed. 06/11) CNA SB -146932-E (Ed. 06/11) Paragraphs 3, 41 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property damage" included in the "products -completed operations (4) Any "executive officer" or insurance hazard. manager, if you or an additionsl insured is a corporation; B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last (5)Any trustee, if you or an additional paragraph of 2. Exclusions is deleted and Insured is a trust; or replaced by the following: (6) Any elected or appointed official, if you or Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, an additional insured is a political do not apply to damage by fire to premises subdivision or public entity. while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a 7. Bodily Injury period of 7 or fewer consecutive days. A separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3. "Bodily Injury" is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. "Bodily injury" means bodily injury, sickness or C. The first Paragraph under item 5. Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses. Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sicknes.; or The most we will pay under Business Liability disease. for damages because of "property damage" 8. Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability 9 , , � such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Lability Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. a. The insured; or 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; SB -146932-E (Ed. 06/11) b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section Page 4 of 5 CNA (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. (16) Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Personal and Advertising Injury) does not apply if SB -146932-E (Ed. 06/11) SB -146932-E (Ed. 06/11) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re -defined Section F. Liability and Medical Expenses Definitions, item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. Page 5 of 5 0z VAIN�jL� t 0 •r, z 3 9l�tbat�i A ti�� Meeting Date: 3/17/2016 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel, Town Engineer; 480-816-5112; e-mail: rharrel@fh.az.gov Strategic Planning Goal: Not Applicable (NA) Operational Priority: Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of a CERTIFICATE OF MODIFICATION to EN LLC regarding Eagles Nest Parcel 11, Lot 245; and authorizing its signature. Applicant: EN LLC (d/b/a EN at Fountain Hills LLC)(a related entity to MCO Properties) Applicant Contact Information: Francisco J. Lopez (P: 480.837.9660; C: 480.204.6407; E-mail: flopez@mcoproperties.com ) MCO Properties, Inc. 13620 N. Saguaro Blvd., Suite 200 Fountain Hills, AZ 85268 Owner: same Owner Contact Information: same Property Location: Eagles Nest, Lot 245 (16005 N. Mountain Parkway) Related Ordinance, Policy or Guiding Principle: Resolution No. 2014-08, "The Final Settlement Agreement, Amended and Restated May 1, 2014, between the Town of Fountain Hills and MCO Properties, Inc., EN, LLC and Adero Canyon, LLC" (hereinafter the "Revised Settlement Agreement") Staff Summary (background): Paragraph F of the Recitals in the Revised Settlement Agreement stated the background for the exchange of Tract E (now renamed as Lot 235) from the Town to MCO (in exchange for the "New Town Lot" near the intersection of Fountain Hills Blvd. and Shea Blvd.); and Paragraphs 1 through 1.4 provided the specifics of that lot exchange (see cover and pages 1-4, attached). Tract E was deeded by the Town of Fountain Hills to EN LLC on March 5, 2015, and was recorded at MCR 20150186350 (attached). This document fulfills the specifics of the Revised Settlement Agreement regarding that lot exchange (regarding Tract E). The Town Attorney has reviewed this CERTIFICATE, and directed that this item be placed on the Town Council's Consent Agenda. Page 1 of 2 The CERTIFICATE OF MODIFICATION is written for signature by the Town Engineer. Approval of this agenda item will authorize that signature. Risk Analysis (options or alternatives with implications): This document is needed to fulfill the requirements of the previously approved, above -noted Final Settlement Agreement. Fiscal Impact (initial and ongoing costs; budget status): None. Budget Reference (page number): N/A 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): N/A Staff Recommendation(s): Staff recommends approval. List Attachment(s): Certificate of Modification; Deed for Tract E (from Town to EN LLC) - MCR 20150186350; Resolution 2014-08, the "... Final Settlement Agreement ..." (cover & pages 1-4); Final Plat of 'Eagles Nest Parcel 11' (sheets 1 and 4; with Tract E highlighted); Aerial photo contour map of Lot 245. SUGGESTED MOTION (for council use): Move to approve the Certificate of Modification to EN LLC regarding Eagles Nest Parcel 11, Lot 245; and authorizing its signature. IT opm A roved: 4 Grady E. Miller, c1l anager 3/7/2016 Page 2 of 2 When recorded, return to: EN LLC d/b/a EN at Fountain Hills LLC 13620 North Saguaro Boulevard Suite 200 Fountain Hills Az 85268 Attn: Cassie Hansen CERTIFICATE OF MODIFICATION This is to certify that a minor modification is required for the FINAL PLAT OF "EAGLES NEST PARCEL 11" a subdivision recorded in Book 831 of Maps at Page 17, Maricopa County Records, Maricopa County, Arizona. EN LLC d/b/a EN at Fountain Hills LLC, a Delaware limited liability company, as Owner, recorded a Final Plat of Eagles Nest Parcel 11, in Book 831, Page 17, as Instrument No. 2006-0525561 in the Official Records of Maricopa County Recorder, Maricopa County, Arizona, which was modified by (i) an Affidavit of Change recorded as Instrument No. 20061030515 in the Official Records of Maricopa County Recorder, Maricopa County, Arizona; (ii) an Affidavit of Change recorded as Instrument. No. 20061030516 in the Official Records of Maricopa County Recorder, Maricopa County, Arizona; (iii) an Affidavit of Correction recorded as Instrument No. 20061386465 in the Official Records of Maricopa County Recorder, Maricopa County, Arizona; and (iv) an Affidavit of Change recorded as Instrument No. 20070495823 in the Official Records of Maricopa County Recorder, Maricopa County, Arizona (collectively, the "Plat"). The Plat currently provides as follows: (i) the conveyance and dedication language states that "THE OWNER HEREBY DEDICATES AND CONVEYS TO THE TOWN OF FOUNTAIN HILLS TRACT "E" FOR A FIRE STATION" (the "Applicable Dedication Language"), (ii) Tract E is designated as a "POTENTIAL FUTURE FIRE STATION," and (iii) the "Area" chart identifies Tract E and in the disturbance section identifies the allocated disturbance as "N/A FIRE STATION." Pursuant to a Settlement Agreement with the Town of Fountain Hills dated May 1, 20149 recorded as Instrument No. 2014-0314508 in the Official Records of Maricopa County Recorder, Maricopa County, Arizona, the area designated on the Plat as Tract E is novo to be identified as a separate lot and the use of that lot is to be changed from a potential fire station to a new Eagles Nest lot to be used for single family residential purposes. Accordingly the following changes are hereby made to the Plat: 1. The Applicable Dedication Language is hereby deleted. 2. The area currently shown as Tract E designated for a Potential Fire Station is hereby modified to identify that tract as Lot 245. 3. The Area chart on the Plat is hereby modified to rename Tract "E" as Lot 245 and to state that the allocated disturbance for Lot 245 shall be 22,700 square feet. 4. Note 5 is hereby added to the Plat as follows: The driveway location for Lot 245 shall be permitted in non-conformance with the Town's "Driveway Policy" with respect to proximity to bridges. Utility stub outs for this Lot are within 100 feet of a bridge and a driveway shall be permitted proximate to these utilities within the 100 foot -restriction. W:\active\misc_phoenix\eaglesnestparcel l l certofmod. Q. doc This Certificate of Modification is being made to effect these changes. Dated this 19t day of ruary, 2016 �,t/Y �� X'-�"'' �'ARREIV a � Ty M ON Warren D. Thompson, RLS 16904ro 'ZONA U.5- APPROVAL: .SPAPPROVAL: el res This Certificate of Modification is approved by the Town of Fountain Hills Engineer. Dated this day of 2016 Randy Harrel, Town Engineer W:\,active`,misc_phoenix'�eaglesnestparcel l 1 certof nod.v1doc When Recorded Return To: EN LLC 13620 N. SAGUARO Sum 200 FOUNTAIN HILLS AZ 85268 ATTENTION: JEREmy HALL OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 20154186350 03/19/2015 04:42 ELECTRONIC RECORDING 1426808279931-3-1-1-- sarabiam EXEMPT FROM AFFIDAVIT OF PROPERTY VALUE PURSUANT TO ARizAEv.STAT. § 11-1134(A)(3) SPECIAL WARRANTY DEED (TRACT E OF EN PARCEL 11- OLD FIRE STATION) For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, The Town of Fountain Hilts, an Arizona municipal corporation ("Grantor" , hereby grants and conveys to EN LLC, a Delaware limited liability company, having an address at 13620 N. Saguaro Boulevard, Suite 2000, Fountain Hills, AZ 85268 ("Grantee"), the following described property located in Mlaricopa County, Arizona (the "Pro er "): See Exhibit A attached hereto and incorporated herein by reference (the "Property"). SUBJECT TO all taxes and other assessments, reservations, patents, easements, covenants, conditions, restrictions, reservations, rights, rights-of-way, obligations and liabilities that may appear of record, rights or claims of parties in possession and easements or claims of easements not shown by the public records; encroachments, roadways, overlaps, conflicts in boundary line, shortages in area and other matters which would be disclosed by a survey or inspection of the Property; unpatented mining claims; and all Federal, State, County, District and local laws, ordinances, regulations, Zoning codes and the like as the same now exist and as may hereafter be established or amended. GRANTEE BY ACCEPTANCE OF THIS DEED SPECIFICALLY ACKNOWLEDGES THAT NEITHER GRANTOR NOR ANYONE ON BEHALF OF GRANTOR MAKES ANY WARRANTIES, COVENANTS OR REPRESENTATIONS TO GRANTEE, EITHER EXPRESS OR IMPLIED, OF ANY NATURE OR KIND OR VALUE, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE PROPERTY AND IT IS EXPRESSLY UNDERSTOOD THAT THE PROPERTY IS BEING CONVEYED IN AN "AS is" AND "WITH ALL FAULTS" CONDITION. BY ACCEPTANCE OF THIS DEED, GRANTEE AFFIRMS THAT THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. GRANTOR hereby binds itself and its successors to warrant and defend the title, as limited above, against the acts of the Grantor and no other, subject to the matters set forth above. C-.\USERS\KMMIAPPDATAILOCAL\TEMPIPHOENIX 221 7 137 2.DOC 20150186350 IN WITNESS WHEK4&&X=e , the Grantor has caused this Special Warranty Deed to be executed this S day of'20 Is - "'Grantor" '`OWN OF FOUNTAIN HELLS, an Arizona municipal corporation By: Kenneth W. Buchanan, Town Manager l Bevelyn J. - l /o (ACKNOWLEDGMENT) STATE OF ARIZONA' ) ss. COUNTY OF MA.RICOPA ) On ;?Of20I.S before me personally appeared Kenneth W. Buchanan, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the abgve document on behalf of the Town of Fountain Hills. 1 �,..:M. NANCY A. WALTER • Notary Public • State of Antons z ' MARICOPA COUNTY My Commission Expires Jan. 1. 2018 (Affix notary seal here) 2 47d. Notary Public 20.50186350 EXHIBIT "A„ TRACT "E" OF EAGLES NEST PARCEL 11, ACCORDING 'TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER. OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 831 OF MAPS, PAGE 17, AND AFFIDAVIT OF CHANGE RECORDED AS `2006.4030515, AS 2006.1030516 AND.AS 2007-0495823 AND AFFIDAVIT OF CORRECTION RECORDED AS 2006-1386465, ALL OF OFFICIAL RECORDS. EXCEPT ALL OIL, GASES AND OTHER HYDROCARBON SUBSTANCES, COAL, STONE, METALS, MINERALS, FOSSILS AND FERTILIZERS OF EVERY NAME ,AND DESCRIPTION, TOGETHER WITH ALL URANIUM, THORIUM, OR ANY OTHER MATERIALS, WHETHER OR NOT OF COMMERCIAL VALUE, IN, ON, OR UNDER THE PROPERTY, AS RESERVED ON DEED RECORDED DECEMBER 30, 1993 AS 93-0921340, OF OFFICIAL RECORDS; EXCEPT ALL UNDERGROUND WATER IN, UNDER OR FLOWING THROUGH SAID PROPERTY AND WATER RIGHTS APPURTENANT THERETO, AS RESERVED ON DEED RECORDED DECEMBER 30, 1993 AS 93- 0921340, OF OFFICIAL RECORDS. C:\USERS\KMM\APPDATA\LOCAL\TEMP\PHOE-NIX-2217137-2.DOC OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 20140314508 05/14/2014 01:42 ELECTRONIC RECORDING Town of Fotmtain Hills RES140BSetfhMCO-109-1-1-- 16705 E. Avenue of the Fountains l Palumboa Fountain, Hills, AZ 85268 Development Services Department V "VITCLAIM SIGNED ON MAY 139 201 REFERENCED AND RECORDED BY SEPARATE DOCUMENT I DO NOT REMOVE This is part of the official document. 20140314508 RESOLUTION NO. 2014-08 A RESOLUTION OF THE MAYOR AND COLNCIL OF THE TOWN OF FOUNTAIN HILLS,, ARIZONA, APPROVING TBE FINAL SETTLEMENT AGREENMNT, AMENDED AND RESTATED MAY 1., 2014, BETWEEN THE TOWN AND MCO PROPERTIES INC., EN LLC AND ADERO CANYON LLC, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION I. The Final Settlement Agreement, Amended and Restated May I, 2014, between the Town of Fountain Hills and MCO Properties Inc., EN LLC and Adero Canyon LLC (the "Agreement'), is hereby approved M substantially the form attached hereto as Exhibit A. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessaq to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 1, 2014. FOR. THE TOWN OF FOUNTAIN HILLS; ATTESTED TO; L da M. Kavah, Mayora:0' %Krig - REVIEWED BY, Kenneth W. Buchanan, Town Manager 2147237.1 As Bevelyn J. B4--derAfown Clerk APVED AS TO FORM.* P t k, An rem Guire, Town Attorney 20140314508 EXHIBIT A TO RESOLUTION NO, 2014-08 [Amended and Restated Ageement] See follovdng pages. 214P.37.1 20140314508 FINAL SETTLEM[ENT AGRIEEMENT Amended and Restated May 1, 2014 THIS AMENDED AND RESTATED FINAL SETTLEMENT AGREEMENT (this "Restated Agreement") dated May 1, 2014 (the "Effective Date"), is between the Town of 1. Fountain Hills, an Arizona municipal corporation (the "Town"}, M.CO Properties Inc., a Delaware corporation, successor -in -interest to MCO Properties L.P. d/b/a MCO Properties Limited Partnershipa Delaware limited partnership doing business in the. State of ArizonC a 'MCO'), EN ., LLC d/b/a EN at Fountain Hills LLC, a Delaware limited liability company ("Eagles Nesf") and Adero Canyon LLC, a Delaware limited liability company {"Adere'). The Town, MCO, Eagles 0 Nest and Adero are each referred to individually as a "Party" and collectively as the "Parties." MCO, Eagles Nest and .Adeno are collectively referred to as the "Developer Parties." UCITALS A. The Toxvn and MCO are Parties to a Final Settlement Agreement dated December 4. 2001 (the "Original Agreement") that (i) resolved litigation between MCO and the Town and (i)v governed the development of two parools of real property: (i) approximately 431.20 acres as described on Exhibit A-1 and depided on Exhibit A-2 both attached hereto (the "Eagle Ridge North Property"); and (ii} approximately 485.53 acres as described on Exhibit B-1 and depicted on Exbib*it �`) The Eagle's - a-2, both attached here -to (the "Eagles Nest Property . Nest Property and rights pertaining thereto were conveyed by MCO to Eagles Nest and the Eagle Ridge North. Property and rights pertaining there -to were conveyed to Adero. Accordingly, Eagles Nest and Adero have the rights hereunder as they pertain to their respective portions of the Property. The Eagle Ridge North Property and the Eagles Nest Property are collectively referred to herein as the `Property.'= B. The Original Agreement was amended by a Final Settlement Agreement Addendum dated April 3, 2003, to modify the date for construction of Eagle Ridge Drive to the date a certificate of occupancy is issued for a home in Eagle Ridge North, and a First Amendment to Final Settlement Agreement dated October 6 2011, to modify the "Initial vesting 'Pen*o&-' for the 'Property. The Original Agreement, as amended by the Addendum and First Amendment described above, is referred. to as the ""Agreement." C. The dispute that necessitated the settlement evidenced by the Agreement has been resolved, all of the "Conditions" as defined in the Agreement have been satisfied, all of Uie "Pending Actions" described in Section 2 of the Agreement have been resolved by the appropriate court actions, the Town has acquired the approximately 354 acre parcel of land. adjacent to the Property and referred to as the "Now Preserve Land" and paid the "Purchase Price" and all, other matters relating to such Pending Actions have been concluded. However, the Agreement continues to govern the development of the Property. D. The Eagle Ridge North Property referred to in the Agreement has been renamed as "Ad-ero Canyon.." Accordingly, all references to what was previously need the Eagle Ridge North Property shall, be referred to in this Restated Agreement as the Adero Can -yon Property. 2112643.24 20140314508 The Adero Canyon Property is now owned by Adero, and the Eagles Nest Property is now owned by Eagles :gest.. E. Adero has (i) applied for Planned. Area Development (``PAIS'') rezoning of approximately 80 acres of Adero Canyon, to allow for convers' n of 52 single-family, custom lots into 31 semi -custom single --family lots, 44 attached "Townhumie" lobs and 120 Condominium units (the "Adero Canyon PAD ), resulting in an increase in Adero Canyon of 173 dwelling units to a total of 343 and (i) requested other modifications to the Agreement. As used in this Restated .Agreement, all references to "Adero Canyon PAD" shall mean the exhibit to the Town -Council approved ordinance that adopts the PAD zoning for Adero Canyon, including all stipulations, alterations and conditions included as part of its approval (the ".PAD Rezoning Ordinance"). The Parties agree and understand that all items submitted in Adero's PAD application, and the letters, comments and other materials explaining or discussing that application, including MCO"s January 22, 20"14, PAD Application brochure, are of no force and etTect, and that Adero, MCO and the Town shall look solely to the Town's regulations, the PAD .rezoning Ordinance and this Restated A.givement with respect to the zoning regulations for ..Adero Canyon. To the extent of any conflict between the PAD Rezoning Ordinance, this Restated Agreement and the Town's regulations, the PAD Rezoning ordinance shall control first, -then this restated Agreement and then the Town's regulations. F. The Town has requested that MCO (i) convey to the Town the property identified as Maricopa Count! Assessor's Parcel No. 176-1.3-617W, as more pmticularly described and depicted on Exhibit C, attached hereto and incorporated herein by reference (the "New Town Lot"), in exchange for a. conveyance by the Town to Eagles Nest of Tract E identified an the Final Plat for Eagles Nest Parcel 1 l ("Tract.E") which was originally conveyed to the TON" for potential use as a fire station and the use of which would be modified to a single family residential tot (the "New Eagles Nest Lot"') and (ii) release and quitclaim to the Town all deed rest6c.tions and reversionary rights retained by MCO pertalnmg to the real and personal property located. at 11445 N. Saguaro Boulevard, The Parties have agreed to this exchange of real property for their mutual benefit and, accordingly, the :parties have agreed to modify the .Agreement and the .Eagles Nest Final Plat to provide for a change in the use of Tract E into the New :Eagles lest Lot and modification of the applicable documents so that Tract E benefits from all entitlements applicable to all other single family residential lots in the Eagles Nest subdivision. O. Eagles Nest has constructed a substantial portion of the Eaglos Nest Property, and it is the .Parties' intent that Eagles Nest continue development of the Eagles Nest Property as contemplated by the Agreement, and that nothing in this :Restated Agreement shall affect .eagles Nest or the Eagles Nest :Property, except that the total lot count and overalI disturbance shall be increased tomit the use of the erNew Eagles Nest Lot a:s a lot for construction of a single- family residence and the related provisions pertaining the New Eagles best Lot.. .. In addition to and as a result of the Adero Canyon PAD, Adero Canyon is to be replotted and the existing right -of - ra- y for Eagle Midge Drive, which was dedicated to the Town as part of the master plat for Adero Canyon, MCR # 2001-1201370, dated December 2.0, 2001 (the "Existing Final Master Plat"), must be abandoned by the Town. The final master plat and 211264-3-2.4 2 20140314508 all final parcel plats for Adero Canyon shall be consistent with the Adero Canyon PAD and the new preliminary master plat approved concurrently with the PAD Rezonm*g .ordinance and the execution of this Restated Agreement (die "New Preliminary Master Plat"). Accordingly, the Town and Adero have agreed to modify the Agreement to accommodate the changes consistent with the new Preliminary Master Plat and Adero Canyon PAD. Adero shall also coordinate with the City of Scottsdale regarding the abandonment and rededication of the bicycle path near Eagle Ridge Drive. 1. Upon its approval and execution, this Restated Agreement shall be deemed to replace and supersede the Agreement and the McDowell Preserve Settlement Agreement dated Jwie 27, 2001. 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 c ideration, the receipt and suffleiency of which are hereby acknowledged, the Towm and the consideration, Developer Parties hereby agree as follows: I. Lot Exchanze. 1.1 Town Al2provals, The Town shall. approve a modification to the Eagles Nest Final Plat without fees payable by MCO or Eagles Nest to the Town and without any stipulations that are not already contained in the existing approved subdivision, such that the use of Ttict E shall be changed from fire station use to use as the New Eagles Nest Lot, and record the amendinent to the Eagles Nest Final Plat in the records of the Maricopa County Recorder's Office. NICO will prepare at its sole cost and submit to the Town the revised final plat for Parcel 11 and other documentation necessary to effect this modification. 1.2 Benefits to New Eagles- Nest Lot. All rights and benefits under the Agreement and the guidelines, standards and agreements that govern the development of all other single family residential lots in the Eagles Nest subdivision shalt apply to the New Eagles Nest Lot as though it was originally platted as a single family residential lot in. the applicable Eagles Nest Final Pla. 1.3 Driveway Locations. The. driveway location for the New Eagles Nest Lot shall be permitted in non-conformance with the Town"s "Driveway Policy" with respect to the proximity to bridges. As was contemplated with the original fire station use, utility stub outs were approved for this lot and are within 100 feet of a. small bridge to the east, and a driveway shall be peiTnitted proximate to these utilities within the 100 -foot restricdon. 1.4 Conveyance of Pro Not later than 90 days after the 'Eff-ective Date, the Town shall convey the New Eagles Nest Lot to Eagles Nest and MCO shall convey the New Town Lot to the Town. Each conveyance shall be free and clear of all monetary encumbrances placed upon each lot by the Town or MCO, as applicable and otherwise subject to all matters filed of record in Maricopa County, Arizona and as to the New -E agles Nest Lot, this Restated Agreement. :211.2641*24. 3 20140314508 Eagles Nest, MCO mid the Town agree to cooperate reasonably to remove any other non-monetwy enewnbrances on the New Town Lot and the New Eagles Nest Lot that would unreasonably 1*111pair the use of such lot by the receiving Party provided neither Party shall be required to 'incur material costs to remove such encumbrances. 2. Deed Restrictions Release. Not later than 30 days after the Effective Date, MCO snail hall deliver to the Town a quitclaini deed suitable for recording and in the fog in attached hereto as Exhibit D. It is the specific, intent of the Parties that recording of the quitclaim deed mid this Restated Agreement shall eliminate all restrictions and reversionw-y interests included in (i) the Warranty Deed. dated December 13, 1979, recorded in. the office of the Maricopa County Recorder in Docket 14123, pages 1141 to 1146 mid (H) those provisions of the instrument dated April 16, 1979, and recorded in the Office of the Maricopa County Recorder in Docket 13650 at Pages 0769 to 0787 but only to the extent that they apply to the property at 11445 N. Saguaro Boulevard. 3. SRP.Aesthefic Funds. Upon Adero's request, the Town shall initiate a request with Salt River Project for use of up to $500,000 of funds in the Town's Aesthetic Fund account to partially defray the cost of making aesdiefic improvements to the 69kv electric fine in Adero Canyon (the "69kv Improvements"). In conjunction with the requests, Adero shall provide S.RP with the scope of work for the 69kv Improvements. The Parties agree that SRP will be solely responsible for (1) completing design and cost estimates and (11) determi-ning what portion of the 6-9kv Improvements shall be eligible for funding. Adero agrees and understands that the Town's "balance" of .Aesthetic Funds is set to be diminished by SRP on May 13, 2015 from the current balance to $300,000. If Adero fails to both submit the request and accompanying documents to SRP and meet SRPs req 'uirements with sufficient time to ensure that SRP approves the 69kv Improvements and commits the ftinding by May 1, 2015, and the Town's SRP Aesthetics Funds are diminished to $300,000, the Town's obligation to commit the entire $500,000 of funds to the 69kv Improvements shall be reduced to $300,000 with the remaining $200,000 conditioned upon (i) permission by SRP for the Town to "borrow" $200,000 of future SRP Aesthetics Funds and (H) availability from SRP of the Aesthetics Funds.. The Town agrees to maintain at least $300,000 of Salt River Project Aesthetic Funds available for such purpose. The ToNxvm agrees to use reasonable good faith efforts to maximize the SRP Aesthefte Funds to Adero (not to exceed $500,000) including requesting to borrow -funds in subsequent years if not available when first requested. The Town's obligation to maintain the balance in the Aesthetic Funds shall be terminated upon the earlier to occur of completion of Phase I a (as defined below) or January 1, 2018. 4. The Town Trailhead, 4.1 Trailhead Desi Vin. The Town intends to construct a traithead near the northern extent of Eagle Ridge Drive within the Neiv Preserve Land (the "Trailbead") to provide improved access to a system oftrails it has constricted on its land. The Town intends to construct the 'railhead in accordance with the site p1mi attached hereto as Exhibit E. If the Town determines, in its sole discretion, to materially modify the rrailhead from the site plan on Exhibit E, it shalt notify Adero not less than 30 days prior to such modifications and shall pelTnit Adero to comment on such changes. The 'T'own's changes to the. Trailhead shall not hupede the emergency access for the Eagles Nest Property or the Adero Canyon Property. 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NO VENIRE ACCESS EASEMENT W.M.E. WALL MAINTENANCE USEMENT 'EAGLES NEST PARCEL 11' EN LLC tome EASTPALIBADESBWL MI FDI MN HRES. ARRCNA 85289 FINAL PLAT TOWN OF FOUNTAIN HILLS FINAL PLAT rMWp N. soN Nxlou 1'=40' gNe9 W N+al AMum 4 d7 { " \ EN PARCEL 10 l 9Oteat is A<`toom \ LOT 1 0 / EN PARCE 11 DEVELOPMENT SERVICES TRACT D 2014 AERIAL SITE PLAN EN PARCEL 11, TRACT E—LOT 245 16005 N MOUNTAIN PKWY Zi / � '� �j � ZONING: E N PARCEL 10�Q \ \ LOT AREA: 79,604.3 SF \ � TRACT D ROOF AREA: N/A SF EAGLE NEST PARCEL 11 TRACT E - LOT 245 ` \ � 0 � (AREAS ARE APPROXIMATE) 11 2 -- 7 0 LOTLINE I RIGHT OF WAY CENTERLINE — \ S EASEMENT--�v�-- ABAND. EASEMENT — CONTOUR 211 CONTOUR 10" \ FLOODPLAIN Y ,t EN P EL 1 SUBJECT SITE ^OT 23.8 N W E S M UNTAIN PKWY • — — — — — � 0 25' 50' SCALE: 1' = 50' • AERIAL PHOTO FLIGHT: 11/14 TOPOGRAPICAL MAP: 9/91 • FEMA FLOOD DELINIATION:10/13 THIS TOPO/AERIAL MAPPING IS SUITABLE OR GENERAL PLANNI - 4 PURPOSES, BUT SHOULD NOT BE USED FOR DESIGN. League of Arizona Cities ANoTowns Legislative Bulletin Issue 8 - March 4, 2016 Legislative Overview Today marks the 54th day of the 2016 session. Committee agendas picked up as the chambers began to hear each other's bills. Floor activity was particularly heavy, especially in the House. To date there are still only four bills that have been signed into law by the Governor. The last day for committee hearings besides Appropriations is March 18th. Census HB2483 municipal population estimates; use, sponsored by Representative Justin Olson (R - Mesa) passed the House this week by a unanimous vote. This bill is the culmination of much hard work by League members to have more accurate population numbers for the purposes of distributing shared revenue. It allows for cities and towns to use the U.S. Census Bureau's population estimates on a yearly basis to keep up with changes in growth. The bill has been assigned to the Senate Appropriations Committee. Drones The drone bill, SB1449 prohibited operations; unmanned aircraft passed the Senate this week after being amended on the floor with material from stakeholder input. There are still some outstanding issues, but the parties involved have agreed to continue their work together to reach a reasonable solution. The bill is waiting for committee assignment in the House. The bill's sponsor is Senator John Kavanagh (R - Fountain Hills). Bonds On Monday HB2402 bonds; disclosure; notice passed the Senate Government Committee by a vote of 4-2. The bill, sponsored by Representative Vince Leach (R - Tucson) requires that the tax impact calculated for a bond measure must use the maximum interest rate of that measure. The League testified in opposition to the bill and argued that if the worst case scenario was going to be presented to the voters that, at the very least, the more likely tax impacts based on current interest rate climates should be included as well. The League will continue to try and amend the bill so that the language is more reflective of what rates actually are, not their maximum. It now proceeds to the Senate Rules Committee. Recovery Homes HB2107 substance abuse recovery homes, sponsored by Representative Noel Campbell (R - Prescott) passed the House by a vote of 49-9. The bill allows for city regulation of these types of homes, which have proliferated in recent years in various cities and towns. This bill is also a League Resolution. It now awaits committee assignment in the Senate. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) HB2483: municipal population estimates; use SB1449: unmanned aircraft; prohibited operations HB2402: bonds; disclosure; notice HB2107: substance abuse recovery homes SB1241: photo radar prohibition; state highways HB2076: annexation; single property owner; exception HB2146: municipalities; property sale threshold; election Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org. League of Arizona Cities ANoTowns Legislative Bulletin Issue 9 - March 11, 2016 Legislative Overview Today marks the 61st day of the 2016 session. Committee agendas lengthened as this was the second to the last week to hear bills except in Appropriations. Floor activity was moderate as bills from the opposite chamber just started to clear committees. To date five bills have been signed into law by the Governor. The last day for committee hearings besides Appropriations is March 18th. Public Record Requests SB1282, public records; unduly burdensome requests passed the House Government and Higher Education Committee this week by a vote of 5-2. The bill, sponsored by Senator John Kavanagh (R - Fountain Hills) is the product of negotiations between the League and the newspaper association over many years. It requires those requesting public records to be more specific in their requests, and grants a defense to government in court for denying a request that is unduly burdensome of harassing. The bill now goes to the House Rules Committee. Recovery Homes On Wednesday night the Senate Government Committee passed H132107, substance abuse recovery homes by a vote of 5-2. The bill is a League Resolution and is sponsored by Representative Noel Campbell (R - Prescott). The measure allows for cities and towns to have greater regulation over the recovery home industry. It now proceeds to the Senate Rules Committee. Penalizing Cities S131487, state law; local violations; penalties passed out of the House Commerce Committee on Wednesday by a 5-3 vote. If enacted, the bill would withhold shared revenue from cities and towns that are found by the Attorney General to have violated state law. The League testified in opposition to the bill as an attack on local authority and a bypassing of the constitutional protections of due process. The bill now goes to the Rules Committee. Regulations Sponsored by Senator Steve Smith (R - Maricopa), SB 1524, regulatory actions; limitations limits regulatory restrictions a municipality may place on a business. The bill also addresses concerns of self-regulation of businesses within cities. The League is neutral on the bill. It now goes to the Rules Committee. Online Home -sharing SB 1350, online homesharing administration; definitions allows for a city, town, or other taxing jurisdiction to levy a transaction privilege, sales, use or similar tax/fee on the business of operating a online lodging marketplace. It is sponsored by Senator Debbie Lesko (R - Peoria). The League is continuing to engage in negotiations with the proponents in order to reach a reasonable compromise on the issues, therefore the League is officially neutral. The bill was a strike -everything amendment and passed through the Senate. It is scheduled for a hearing in House Ways and Means Committee on Monday, March 14th. Legislative Bill Monitoring (All bills being actively monitored by the League can be found here.) SB1282: public records; unduly burdensome requests HB2107: substance abuse recovery homes SB1487: state law; local violations; penalties SB1524: regulatory actions; limitations SB1350: S/E online lodging; administration; definitions Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to league@azleague.org.