HomeMy WebLinkAbout170316Pz:\council packets\2017\r170316\170316a.docx Last Printed: 3/8/2017 1:58 PM Page 1 of 3
NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
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 16, 2017
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Alan Magazine
Vice Mayor Nick DePorter Councilmember Art Tolis
Councilmember Henry Leger Councilmember Cecil A. Yates
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: 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, impending or contemplated litigation
or in settlement discussions conducted in order to avoid or resolve litigation (specifically (i)
the proposed Copperwynd Development Agreement and Planned Area Development Zoning
and (ii) (Palatial Estates Lots 17 & 18).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION - Pastor Bill Good, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be
enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent
items will include all recommended staff stipulations unless otherwise stated. There will be no separate
discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember
or member of the public wishes to discuss an item on 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
February 21, 2017.
2. CONSIDERATION of approving the 4th amendment to the COOPERATIVE
PURCHASING AGREEMENT (C2016-182) with Vincon Engineering Construction, LLC,
in an amount not to exceed $50,000.00, for Town-wide Concrete repair and replacement.
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REGULAR AGENDA
3. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the DARK SKY
DESIGNATION APPLICATION.
4. CONSIDERATION of RESOLUTION 2017-07, a DEVELOPMENT AGREEMENT
between the Town of Fountain Hills and Palisades Resorts, LLC to allow the development
of the Copperwynd Resort with a 300 room hotel, conference facility, restaurant, and
additional ancillary uses on approximately 16.5 acres located at 13225 N. Eagle Ridge
Drive, Fountain Hills, AZ. (Case #DA 2017-01)
5. PUBLIC HEARING to receive comments on ORDINANCE 17-04, a text amendment to
the Town of Fountain Hills Zoning Ordinance and Map. If adopted, the amendment would
rezone approximately 16.5 acres at 13225 N. Eagle Ridge Drive (Copperwynd Resort),
from “R-5 PUD” to the “Copperwynd PAD” zoning district. (Case # Z 2017-02)
6. CONSIDERATION of ORDINANCE 17-04, a text amendment to the Town of Fountain
Hills Zoning Ordinance and Map. If adopted, the amendment would rezone approximately
16.5 acres at 13225 N. Eagle Ridge Drive (Copperwynd Resort), from “R-5 PUD” to the
“Copperwynd PAD” zoning district. (Case # Z 2017-02)
7. 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.
a. League of Cities and Towns Bulletin(s)
8. 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.
9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
10. ADJOURNMENT.
DATED this 9th day of March, 2017.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this
meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council
with this agenda are available for review in the Clerk’s office.
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NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
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 16, 2017
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Alan Magazine
Vice Mayor Nick DePorter Councilmember Art Tolis
Councilmember Henry Leger Councilmember Cecil A. Yates
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: 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, impending or contemplated litigation
or in settlement discussions conducted in order to avoid or resolve litigation (specifically (i)
the proposed Copperwynd Development Agreement and Planned Area Development Zoning
and (ii) (Palatial Estates Lots 17 & 18).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION - Pastor Bill Good, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be
enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent
items will include all recommended staff stipulations unless otherwise stated. There will be no separate
discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember
or member of the public wishes to discuss an item on 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
February 21, 2017.
2. CONSIDERATION of approving the 4th amendment to the COOPERATIVE
PURCHASING AGREEMENT (C2016-182) with Vincon Engineering Construction, LLC,
in an amount not to exceed $50,000.00, for Town-wide Concrete repair and replacement.
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REGULAR AGENDA
3. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the DARK SKY
DESIGNATION APPLICATION.
4. CONSIDERATION of RESOLUTION 2017-07, a DEVELOPMENT AGREEMENT
between the Town of Fountain Hills and Palisades Resorts, LLC to allow the development
of the Copperwynd Resort with a 300 room hotel, conference facility, restaurant, and
additional ancillary uses on approximately 16.5 acres located at 13225 N. Eagle Ridge
Drive, Fountain Hills, AZ. (Case #DA 2017-01)
5. PUBLIC HEARING to receive comments on ORDINANCE 17-04, a text amendment to
the Town of Fountain Hills Zoning Ordinance and Map. If adopted, the amendment would
rezone approximately 16.5 acres at 13225 N. Eagle Ridge Drive (Copperwynd Resort),
from “R-5 PUD” to the “Copperwynd PAD” zoning district. (Case # Z 2017-02)
6. CONSIDERATION of ORDINANCE 17-04, a text amendment to the Town of Fountain
Hills Zoning Ordinance and Map. If adopted, the amendment would rezone approximately
16.5 acres at 13225 N. Eagle Ridge Drive (Copperwynd Resort), from “R-5 PUD” to the
“Copperwynd PAD” zoning district. (Case # Z 2017-02)
7. 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.
a. League of Cities and Towns Bulletin(s)
8. 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.
9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
10. ADJOURNMENT.
DATED this 9th day of March, 2017.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this
meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council
with this agenda are available for review in the Clerk’s office.
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 3/16/2017 Meeting Type:Regular Session
Agenda Type:Consent Submitting Department:Administration
Staff Contact Information:BevelynJ. Bender, Town Clerk;480-816-5115;bbender@fh.az.gov
Council Goal:
Strategic Values:CivicResponsibility C3 Solicit feedback in decision-making
REQUEST TO COUNCIL (Agenda Language):CONSIDERATION of approving the TOWN COUNCIL MEETING
MINUTES from February 21, 27, and March 2,2017.
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:Approved:
l~.\yW^-g
Bevelyn Bender, Town Clerk ~3/6/2017 Grady E.MillerTTovAManager 3/7/2017
Page 1 of 1
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date:3/16/2017 Meeting Type:Regular Session
Agenda Type:Regular Submitting Department:Development Services
Staff Contact Information:Robert Rodgers,Development Services Director,rrodgers@fh.az.gov
REQUEST TO COUNCIL (Agenda Language):
CONSIDERATION of RESOLUTION #2017-07,a DEVELOPMENT AGREEMENT between the Town of Fountain Hills
and Palisades Resorts,LLC to allow the development of the Copperwynd Resort with a 300 room hotel,conference
facility,restaurant,and additional ancillary uses on approximately 16.5 acres located at 13225 N. Eagle Ridge
Drive,Fountain Hills,AZ.[Case #DA 2017-01)
PUBLIC HEARING to receive comments on ORDINANCE #17-04,a text amendment to the Town of Fountain Hills
Zoning Ordinance and Map. If adopted,the amendment would rezone approximately 16.5 acres at 13225 N.Eagle
Ridge Drive [Copperwynd Resort),from "R-5 PUD"to the "Copperwynd PAD"zoning district.[Case #Z 2017-02)
CONSIDERATION of ORDINANCE #17-04,a text amendment to the Town of Fountain Hills Zoning Map. If adopted,
the amendment would rezone approximately 16.5 acres at 13225 N. Eagle Ridge Drive [Copperwynd Resort),from
"R-5 PUD"to the "Copperwynd PAD"zoning district.(Case #Z 2017-02)
Applicant:
Applicant Contact Information:
Owner:
Property Location:
Jordan Rose,Rose Law Group PC
7144 E.Stetson Drive,Ste 300
Scottsdale,AZ 85251
(480)505-3939
Bill Hinz,Palisades Resort,LLC
13225 N.Eagle Ridge Drive
Fountain Hills,AZ 85268
Related Ordinance,Policy or Guiding Principle:
2010 General Plan
Zoning Ordinance
Zoning Ordinance
Zoning Ordinance
Zoning Ordinance
Chapter 3 -Land Use Map -(Figure 11)
Chapter 2 -Procedures
Chapter 16 -Lodging Zoning Districts
Chapter 19 -Architectural Review Guidelines
Chapter 23 -Planned Area Development
Page 1 of 4
Copperwynd PAD
Modified L-3 – Lodging
Zoning District
19 rooms per acre - maximum of 300 rooms
Customary ancillary uses by right
Building heights up to 50’
25% lot coverage
Minimum building separation = 7’
All building setbacks = 20’
Allow for outdoor entertainment, music or speakers if compliant with the Town’s
noise ordinance.
Internal wayfinding signage and monument signs
Shared parking model. Includes an off-site parking if within 1,500’.
15% open space
Development Agreement
Vests the Copperwynd PAD zoning for 10 years
Approves the Phasing Plan
Approves the Conceptual Site Plan
Outlines the required Traffic Mitigation measures
Outlines the total Parking Requirements per phase
Establishes the timeline for completion
Phase 1 = 3 years
Phase 2 = 6 years
Phase 3 = 10 years
Requires a minimum 4-Star quality Hotel
Requires a Public Art contribution
Planning & Zoning Commission: Approve
Staff : Approve
Subject to the regulations outlined in the Copperwynd PAD
Subject to the requirements and conditions outlined in the Development Agreement.
Copperwynd Resort
Existing Conditions
COPPERWYND
RESORT &CLUB
Conceptual Planning Package JienHfiBus
2908587.1
RESOLUTION 2017-07
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN
HILLS, ARIZONA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE
TOWN AND PALISADES RESORTS, LLC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Development Agreement between the Town of Fountain Hills and
Palisades Resorts, LLC is hereby approved in substantially the form and substance attached
hereto as Exhibit A and incorporated herein by reference.
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 necessary to carry
out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, March 16, 2017.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
2908587.1
EXHIBIT A
TO
RESOLUTION 2017-07
[Development Agreement]
See following pages.
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
WHEN RECORDED RETURN TO:
Town of Fountain Hills
ATTENTION: TOWN CLERK
16705 East Avenue of the Fountains
Fountain Hills, AZ 85268
==================================================================
DEVELOPMENT AGREEMENT FOR
COPPERWYND RESORT EXPANSION
==================================================================
TOWN OF FOUNTAIN HILLS, ARIZONA,
An Arizona municipal corporation
AND
PALISADES RESORTS, LLC
A Delaware limited liability company
Copperwynd Resort Expansion 1 Development Agreement – Fountain Hills - 2017
2896602.12
DEVELOPMENT AGREEMENT BETWEEN THE
TOWN OF FOUNTAIN HILLS AND
PALISADES RESORTS, LLC
(COPPERWYND RESORT EXPANSION)
This Development Agreement (the “Agreement”) is entered into as of March 16, 2017
(the “Effective Date”), by PALISADES RESORTS, LLC, a Delaware limited liability company
(“Palisades”), and the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (“Town”),
which are referred to collectively herein as the “Parties” or individually as a “Party.”
RECITALS
A. Arizona Revised Statutes § 9-500.05 authorizes Town to enter into a
development agreement with a landowner or other person having an interest in real property
located in the Town.
B. Palisades owns that certain resort property located at 13225 N. Eagle Ridge
Drive, Fountain Hills, Arizona, upon which it operates a resort with 32 guest rooms, a restaurant,
tennis facilities and a fitness club (the “Existing Resort”). The Existing Resort consists of
approximately 16.5 acres and is more particularly described in attached Exhibit A (the
“Property”).
C. Palisades acquired the Property in February 2015, and currently operates the
Existing Resort on the Property.
D. Palisades intends to further develop and expand the Existing Resort on the
Property to include up to a total of approximately 300 additional rooms to be operated as a
branded hotel of a quality consistent with hotels bearing the Mobil Four-Star rating (the “New
Hotel”), a pool pavilion, a casual dining restaurant, revisions to tennis courts, a spa expansion,
and additional meeting and event space (collectively, the “Project”). The architectural design of
the buildings and the quality of the construction will be consistent with the Town’s standards and
the Conceptual Site Plan, as described below.
E. The Town desires that the Existing Resort be expanded on the Property, and has
determined that encouraging the expansion of the Existing Resort pursuant to this Agreement
will result in significant planning, economic and other public purpose benefits to the Town and
its residents by, among other things (i) the expansion of the Existing Resort in a manner
consistent with the Town’s General Plan, (ii) an increase in sales tax revenues to the Town
arising from or relating to the expansion of the Existing Resort; and (iii) the creation of new jobs
and otherwise enhancing the economic welfare of the residents of the Town.
F. In the furtherance of the contemplated expansion of the Existing Resort, the
Parties desire for the Town to approve a rezoning of the Property from its current R-5 PUD
zoning to Planned Area Development (the “PAD Rezoning”), pursuant to Chapter 23 of the
Zoning Ordinance of the Town of Fountain Hills (the “Zoning Ordinance”).
G. The Parties understand and acknowledge that the ultimate development of the
Project on the Property is an undertaking of such magnitude that Palisades requires assurances
from the Town that Palisades will have the ability to complete the development of the Project as
contemplated by this Agreement. The Parties further understand and acknowledge that the
Copperwynd Resort Expansion 2 Development Agreement – Fountain Hills - 2017
2896602.12
Town seeks assurances from Palisades that Palisades will complete the Project with the New
Hotel on the Property in accordance with this Agreement, including the conceptual site plan
attached hereto as Exhibit B-1 and incorporated herein by reference (the “Conceptual Site
Plan”), in compliance with the PAD Rezoning for the Property, and in accordance with the
Town’s ordinances and codes.
H. The Parties understand and acknowledge that Palisades contemplates that the
Project will be constructed in three phases pursuant to the Phasing Plan attached hereto as
Exhibit B-2 and incorporated herein by reference (the “Phasing Plan”). Phase 1 detail, Phase 2
detail and Phase 3 detail are set forth in Exhibit B-3, Exhibit B-4 and Exhibit B-5, respectively,
each of which is incorporated herein by reference. Additionally, conceptual elevation details for
Phase 1, Phase 2 and Phase 3 are set forth in Exhibit B-6, Exhibit B-7 and Exhibit B-8,
respectively, each of which is incorporated herein by reference.
I. The Parties understand and acknowledge that this Agreement is a “Development
Agreement” within the meaning of and entered into pursuant to the terms of ARIZ. REV. STAT. §
9-500.05, in order to facilitate the property development of the Property by providing for, among
other things (i) conditions, terms, restrictions and requirements for the Property by the Town and
(ii) other matters related to the Project. The terms of this Agreement will constitute covenants
running with the Property as more fully described herein.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing introduction and recitals, the
promises contained in this Agreement, and for other good and valuable consideration, the
receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereto agree as
follows:
1. Effective Date and Term. This Agreement shall be effective only upon the
execution by both Parties and upon approval of the PAD Rezoning by the Town Council of the
Town of Fountain Hills (the “Town Council”). Notwithstanding the date upon which this
Agreement is executed and the date the Town Council approves the PAD Rezoning, for the
purposes of calculating the Term (as defined below) of this Agreement, the Effective Date set
forth above shall be deemed the first day of this Agreement. Palisades, its successors and
assigns, shall have the right to implement development on the Property in accordance with this
Agreement for a period of 10 years from the Effective Date. However, unless terminated by the
Town pursuant to Section 9 hereof prior to the expiration of such initial 10-year period, this
Agreement may be extended for an additional period of 10 years in the Town Council’s sole
direction, at the end of which time (which shall, in the aggregate, be 20 years), this Agreement
shall automatically terminate as to the Property without the necessity of any notice, agreement
or recording by or between the Parties (the “Term”); provided, however, that provisions of this
Agreement that specifically survive the termination of this Agreement shall remain in full force
and effect, subject only to the termination provisions herein specifically related thereto; provided
further, however, that if Palisades fails to materially fulfill any portion of its obligations as set
forth in Section 8 below by the deadline for performance associated with each such obligation,
this Agreement shall immediately terminate upon expiration of the applicable cure period without
further act by the Town Council.
Copperwynd Resort Expansion 3 Development Agreement – Fountain Hills - 2017
2896602.12
2. PAD Rezoning; Conceptual Site Plan.
2.1 PAD Rezoning. Pursuant to the PAD Rezoning, dated March 16, 2017,
and for the duration of this Agreement, the Town shall be restricted from changing, restricting or
limiting the rights of Palisades or its successors in interest and assigns to develop the Property
in accordance with this Agreement and the PAD Rezoning. The Parties acknowledge and
agree that approval of the PAD Rezoning by the Town Council shall be a condition precedent to
the effectiveness of this Agreement and to the Parties’ respective rights and obligations
hereunder. Nothing in this Section 2.1 or in this Agreement shall affect the Town Council’s
absolute discretion to approve or deny the proposed PAD Rezoning or any future amendments
thereto.
2.2 Conceptual Site Plan. The Town hereby approves the Conceptual Site
Plan attached hereto as Exhibit B-1. Palisades acknowledges and agrees that such Conceptual
Site Plan is intended to convey the overall land-use plan for the Project for the purposes of this
Agreement. The Conceptual Site Plan includes, at a minimum: the layout, height, and
percentage mix of uses for all buildings on the Project site; the locations and number of spaces,
loading areas and basic site circulation of all Project parking areas; and architectural renderings
showing general color pallets and conceptual building design.
2.3 Phasing Plan. Palisades intends to construct the Project in three phases,
as shown on Exhibit B-2. Specifically, Palisades intends that Phase 1 shall include design and
construction of approximately the first 128 additional rooms and approximately 9,800 square
feet of convention space, as shown on Exhibit B-3; Phase 2 shall include design and
construction of up to 60 additional rooms, as shown on Exhibit B-4; and Phase 3 shall include
design and construction of up to 112 additional rooms, as shown on Exhibit B-5. Uses for the
additional supporting areas to be added include a pool pavilion, a casual dining restaurant,
possible tennis courts, a possible spa expansion, and additional meeting and event space. The
Parties agree that such additional supporting areas shall be included in Phase 1, Phase 2 or
Phase 3 substantially as depicted on Exhibit B-3, Exhibit B-4 and Exhibit B-5, respectively.
Palisades shall seek approval of the Town Council for any “substantial alteration” of the phasing
as appropriate to support the build-out of the additional guest rooms and as set forth in Exhibit
B-3, Exhibit B-4 and Exhibit B-5, which approval of such substantial alterations may be withheld
for any reason. For purposes of this Section 2.3, a “substantial alteration” means (A) a
deviation of more than 20% of the number of guest rooms for any phase or (B) a change in
phase or a change in size of more than 20% of total square feet for the convention space. The
Parties agree that Palisades shall not be required to submit for approval of the Town Council
any alteration to the phasing depicted herein that is not a substantial alteration, but such
changes shall be reflected on revised exhibits to this Agreement. Any modifications to the
phasing plan shall be attached hereto as substitute exhibits. The Town hereby approves: (A)
the Phasing Plan attached hereto as Exhibit B-2, and (B) the phasing detail for Phase 1, Phase
2 and Phase 3, as set forth in Exhibit B-3, Exhibit B-4 and Exhibit B-5, respectively.
2.4 Consistency with Exhibits. The Town hereby approves the Conceptual
Elevation Detail for Phase 1, Phase 2 and Phase 3, attached hereto as Exhibit B-6, Exhibit B-7
and Exhibit B-8 respectively. Palisades’ development of the Project must be consistent with the
conceptual elevations in Exhibit B-6, Exhibit B-7 and Exhibit B-8. Any substantial change to the
elevation details in Exhibit B-6, Exhibit B-7 and Exhibit B-8 must have prior Town Council
approval.
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2.5 New Hotel Requirements. The New Hotel shall be of a quality equivalent
to a rating of not less than four stars by the Mobil Travel Guide with a quality of materials and
finishes consistent with the renderings included in Exhibit B-6, Exhibit B-7 and Exhibit B-8,
including conference facilities, on-site food service, 24-hour room service, high-speed internet
services and other amenities typically offered by hotels bearing the Mobil Four-Star rating (the
“Hotel Quality Requirements”). Palisades has specifically committed to the Town that the New
Hotel shall meet the Hotel Quality Requirements. If, at any time during the Term, the New Hotel
ceases operation entirely or ceases operating under its then-current brand (such date is referred
to herein as a “Cessation Date”), Palisades, its successors and assigns, shall (i) immediately
notify the Town of such discontinued operation, (ii) immediately commence securing a
replacement hotel meeting the Hotel Quality Requirements (the “Replacement Hotel”), and (iii)
shall secure such Replacement Hotel and such Replacement Hotel operator shall open the
Replacement Hotel (under the name of such hotel chain as shall be acceptable to the Town) for
business within 90 days from the Cessation Date.
3. Height Requirements. The PAD Rezoning is intended to modify the
requirements of Section 16.11 of the Zoning Ordinance to allow for a portion of the buildings in
the Project, as depicted in greater detail in the Phase 1 Conceptual Elevation Detail in Exhibit
B-6, the Phase 2 Conceptual Elevation Detail in Exhibit B-7, and the Phase 3 Conceptual
Elevation Detail in Exhibit B-8, to exceed the height limitation set forth in Section 16.11, but in
no event shall any portion of any of the buildings in the Project exceed 50’ in height as
measured from existing grade. Except as specifically modified in the PAD Rezoning, all height
requirements of Section 16.11 of the Zoning Ordinance shall apply.
4. Shared Parking. Parking shall be provided on the basis of that certain
Copperwynd Resort Expansion Parking Study date stamped March 5, 2017, by Kelly S. Fletcher
of CivTech, Inc., as commissioned by Palisades (the “Parking Demand Study”) and attached
hereto as Exhibit C. The Parties acknowledge and agree that parking will be provided according
to Section 18.11(B) of the Town’s Zoning Ordinance on a Project-wide basis; provided that such
requirements shall take into account shared parking throughout the Resort, as identified in the
Parking Demand Study. Because trends in vehicle trips are changing rapidly and will likely
continue to do so, the Parties further acknowledge and agree that Palisades shall have the right
to commission, and submit for approval of the Town Council, revised parking studies for future
phases of the Project; the Town Council may approve or deny such revised parking studies in
its sole discretion. Palisades shall provide not less than 199 parking spaces for Phase 1 of the
Project, 251 parking spaces for Phase 2 of the Project, and 347 parking spaces for Phase 3 of
the Project (all figures cumulative), pursuant to the Parking Demand Study attached hereto as
Exhibit C. The Town’s approval of the modified parking requirements is conditioned upon
Palisades implementing the interim parking improvements shown with each phase.
5. Traffic. Palisades engaged CivTech, Inc. to undertake a traffic impact analysis
to assess (i) the Project’s anticipated impacts on traffic circulation in the area surrounding the
Project, and particularly Eagle Ridge Drive, and (ii) Palisades’ proposed mitigation of those
impacts (the “Traffic Study”), which Traffic Study is attached hereto as Exhibit D. Because
trends in vehicle trips are changing rapidly and will likely continue to do so, the Parties further
acknowledge and agree that Palisades shall have the right to commission, and submit for
approval of the Town, revised traffic studies for future phases of the Project; the Town Council
may approve or deny such revised traffic studies in its sole discretion. The Parties acknowledge
and agree that the mitigation proposed in the Traffic Study for each phase of the Project is
necessary and shall be completed according to the Traffic Study. Palisades agrees that its
mitigation shall include, prior to issuance of a building permit for any Phase 3 improvements, (i)
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construction of turn pockets and traffic signal conduit as deemed necessary by the Town
Engineer for the intersection of Palisades Boulevard and Eagle Ridge Drive, and (ii) contribution
to the Town of Palisades’ pro-rata share of the cost of the traffic signal for the intersection of
Palisades Boulevard and Eagle Ridge Drive.
6. Public Art Requirement. Palisades shall provide the required contribution to
the public art required for the Project as set forth in Subsection 19.05(I) of the Zoning Ordinance
(the “Public Art Requirement”). If Palisades intends to provide publicly-accessible art on the
Project site that conforms to the Public Art Requirement, such public art proposal must be
submitted to the Town for confirmation of value by the Town.
7. Conditions to Town’s Obligations. The Town shall be required to take actions
contemplated by this Agreement only during such time as Palisades is fully performing its
obligations as set forth in Sections 8.1 – 8.9 below.
8. Palisades Responsibilities. Palisades shall perform all of its duties as set forth
in this Section 8 and according to the “Schedule of Performance” attached hereto as Exhibit E
and incorporated herein by reference.
8.1 Zoning. Palisades agrees to develop the Project in accordance with the
PAD Rezoning, dated March 16, 2017, and applicable to the Property.
8.2 Construction Documents. Palisades shall prepare and submit to the
Town for review and approval the construction documents for the Project, in substantial
conformity to (A) the approved PAD Rezoning, (B) the Conceptual Site Plan set forth in Exhibit
B-1, (C) the Phasing Plan and Phasing Detail set forth in Exhibit B-2, Exhibit B-3, Exhibit B-4
and Exhibit B-5, (D) the Conceptual Elevation Detail for each phase set forth in Exhibit B-6,
Exhibit B-7 and Exhibit B-8, (E) the Parking Demand Study set forth in Exhibit C, and (F) the
Town ordinances and codes.
8.3 Building Permits. Palisades shall secure all grading, building and
construction permits that may be required by the Town and any other governmental agency
prior to starting any site grading or construction activities on the Property. The Town
acknowledges and agrees that if Palisades’ submittals for building permits meet the substantial
conformity requirement set forth in Section 8.2 hereof and all Town codes, then the
Development Services Director shall grant administrative zoning approval of the submittal, and
the permits for the construction of the Project pursuant to the submittal will be issued in
accordance with the Town’s codes.
8.4 Construction on Property. Developer shall submit complete Construction
Documents for the phases of the Project, receive building permits for vertical construction of the
phases of the Project according to such construction documents and commence construction on
the Project in accordance with the Schedule of Performance. For the purposes of this
subsection, “commencement of construction” shall mean the mobilization of sufficient
construction resources to the Property to complete the phases of the Project according to the
Schedule of Performance and the Town’s codes and ordinances.
8.5 Third Party Inspection. Palisades acknowledges and agrees and
understands that the Town’s resources may prevent plan review and inspection services to
occur within the review time period desired by Palisades in connection with the Project, in which
case the Town shall retain an outside consultant to perform such tasks on the Town’s behalf. In
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such event, Palisades agrees to pay the direct costs incurred by the Town resulting from its
contract for the services of an outside firm to provide plan review and inspection in connection
with the Project; provided that the Town shall perform all plan review and inspections related to
fire safety and planning and zoning; the Fountain Hills Sanitary District will perform all plan
review and inspections related to sanitary sewer; and EPCOR will perform all plan review and
inspections related to the Project’s potable water supply. If a third-party plan review and
inspection firm is retained, Palisades shall only be responsible to pay the Town 10% of the
Town’s then-current building permit fee to cover the cost of the Town’s planning and
zoning/landscape plan review and inspection; the balance of the building permit fee is deemed
paid when Palisades fulfills its obligations to pay the third-party plan review and inspection fees.
Palisades shall pay the Town 100% of the cost of the plan review and inspection fees related to
fire safety.
8.6 Phased Development. The Town acknowledges that Palisades plans to
develop the Property in three phases generally set forth in Exhibit B-3, Exhibit B-4 and Exhibit
B-5. The Town will review and approve the additional public infrastructure needs of each
phase, beyond what currently exists on the Property (the “Public Infrastructure Improvements”)
as part of its approval of the site plan and construction documents of each phase, and as
recommended based on applicable infrastructure studies commissioned in connection therewith
(such studies, which shall include without limitation the Traffic Study, are referred to herein as
the “Infrastructure Studies”). Palisades shall construct or cause to be constructed and installed
any and all portions of the Public Infrastructure Improvements. The Town may require that
Palisades construct portions of the Public Infrastructure Improvements not directly related to the
phase being constructed by Palisades only if the Town Engineer reasonably concludes such
Public Infrastructure Improvements are required to protect public health, safety or welfare.
8.7 Infrastructure Assurance. Palisades shall provide the Town with an
irrevocable letter of credit in such form and amount as required by the Town Attorney to ensure
that the installation of the Public Infrastructure Improvements necessary for development of the
Property or other Public Infrastructure Improvements directly related to any building permit or
permits will be completed (the “Public Infrastructure Assurances”). The Public Infrastructure
Assurances will be required for a phase of the Project at the time permits are requested for any
construction on that phase of the Project.
8.8 Dedication and Acceptance. Upon completion by Palisades of any Public
Infrastructure Improvements, Palisades shall promptly (A) notify the Town in writing of the
presumptive completion of such Public Infrastructure Improvement, and (B) dedicate to the
Town, at no cost to the Town, such Infrastructure Improvements free and clear of all liens and
encumbrances and in accordance with Town standards applicable to such dedication and
acceptance. So long as such Public Infrastructure Improvements are constructed in accordance
with Town standards, as verified by the inspection of the completed Public Infrastructure
Improvements by the Town, all punch list items have been completed and the Public
Infrastructure Improvements are free of any liens and encumbrances, the Town shall accept the
Public Infrastructure Improvements. The Town shall notify Palisades, in writing, of the Town’s
acceptance of the Public Infrastructure Improvements. Acceptance of any Public Infrastructure
Improvement is expressly conditioned upon Palisades providing a warranty for such Public
Infrastructure Improvement consistent with the Town standards and as provided in Section 8.9
below. Subject to the limitation set forth in Section 8.9 below, after acceptance of any Public
Infrastructure Improvements, the Town thereafter shall maintain, repair and operate such Public
Infrastructure Improvements at its own cost, which obligation shall survive any termination of
this Agreement. Palisades, at no cost to the Town, shall dedicate, convey or obtain, as
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applicable, all rights-of-way, rights of entry, easements and/or other use rights, wherever
located, as useful or necessary for the operation and maintenance of the Public Infrastructure
Improvements as required by the Town.
8.9 Warranty. Palisades or its assignee shall give to the Town a one-year
warranty for all Public Infrastructure Improvements or other such warranty as required by the
Town Engineer, such warranty shall begin on the date that the Town accepts the Public
Infrastructure Improvements as provided in this Section 8.9. Any material deficiencies in
material or workmanship identified by Town staff during the one-year warranty period shall be
brought to the attention of Palisades or its assignee that provided the warranty, which shall
promptly remedy or cause to be remedied such deficiencies to the reasonable satisfaction of the
Town. Continuing material deficiencies in a particular portion of the Public Infrastructure
Improvements shall be sufficient grounds for the Town to require (A) an extension of the
warranty for an additional one-year period, and (B) the proper repair of or the removal and
reinstallation of, that portion of the Public Infrastructure Improvements that is subject to such
continuing deficiencies. Regardless of whether the applicable warranty period has expired,
Palisades agrees to repair any damage to the Public Infrastructure Improvements caused by
Palisades’ construction activities on the Property in respect of the Project. Nothing contained
herein shall prevent the Town or Palisades from seeking recourse against any other third party
for damage to the Public Infrastructure Improvements caused by such third party.
9. Default. If either Party fails to perform any obligation, and such Party fails to
cure its nonperformance within 60 days after notice of nonperformance is given by the non-
defaulting Party (the “Cure Period”), such Party will be in default. In the event of such default,
the non-defaulting Party may terminate this Agreement 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 60 days, then the defaulting Party will have such additional periods of time as part of the
Cure Period as may be reasonably necessary under the circumstances, provided the defaulting
Party immediately 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 120
days.
10. General.
10.1 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 addresses 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 Town: Town of Fountain Hills
16705 East Avenue of the Fountains.
Fountain Hills, Arizona 85268
Attn: Town Manager
With a copy to: GUST ROSENFELD, P.L.C.
One East Washington, Suite 1600
Phoenix, Arizona 85004-2553
Attn: Andrew J. McGuire
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If to Palisades: Palisades Resorts, LLC
13225 N. Eagle Ridge Drive
Fountain Hills, Arizona 85268
Attn: William D. Hinz II
With a copy to: ROSE LAW GROUP PC
7144 E. Stetson Drive, Suite 300
Scottsdale, Arizona 85251
Attn: Jordan R. Rose
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.
10.2 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 Palisades unless and until it has been executed by
an authorized representative.
10.3 Headings; References. The headings herein are inserted only as a
matter of convenience and for reference and in no way define, limit or describe the meaning of
any provision or the scope or intent of this Agreement nor in any way affect the terms and
provisions hereof.
10.4 Time of the Essence. Time is of the essence with regard to performance
under the terms and provisions of this Agreement, and any amendment, modification or revision
thereof, with respect to the actions and obligations of each person bound by the terms hereof.
10.5 Attorney’s Fees. If either Party commences an action against the other to
interpret or enforce any of the terms of this Agreement or because of the breach by the other
Party of any of the terms hereof, the losing Party shall pay to the prevailing Party reasonable
attorney’s fees, costs and expenses, including expert witness fees, incurred in connection with
the prosecution or defense of such action. For the purpose of this Agreement, the terms
“attorney’s fees, costs and expenses” shall mean the fees and expenses of counsel to the
Parties hereto, which may include printing, duplicating and other expenses, air freight charges,
and fees billed for law clerks, paralegals, librarians and others not admitted to the bar but
performing services under the supervision of an attorney. The term “attorneys’ fees, costs and
expenses” shall also include, without limitation, all such fees and expenses incurred with
respect to appeals, arbitrations and bankruptcy proceedings, and whether or not any action or
proceeding is brought with respect to the matter for which said fees and expenses were
incurred.
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10.6 Recordation. This Agreement shall be recorded in its entirety in the
Maricopa County Recorder’s Office not later than 10 days after it is fully executed by Palisades
and the Town.
10.7 Choice of Law, Venue and Attorneys’ Fees. The laws of the State of
Arizona shall govern any dispute, controversy, claim or cause of action arising out of or related
to this Agreement. The venue for any such dispute shall be Maricopa County, Arizona, and
each Party waives the right to object to venue in Maricopa County for any reason. Neither Party
shall be entitled to recover any of its attorneys’ fees or other costs from the other Party incurred
in any such dispute, controversy, claim, or cause of action, but each Party shall bear its own
attorneys’ fees and costs, whether the same is resolved through arbitration, litigation in a court,
or otherwise.
10.8 Good Standing; Authority. Each Party represents and warrants that it is
duly formed and validly existing under the laws of the State of Arizona with respect to Palisades,
or a municipal corporation within Arizona with respect to the Town and that the individuals
executing this Agreement on behalf of their respective Party are authorized and empowered to
bind the Party on whose behalf each such individual is signing.
10.9 Assignment. The provisions of this Agreement are binding upon and shall
inure to the benefit of the Parties, and all of their successors in interest and assigns. The rights
and obligations of Palisades under this Agreement may be transferred or assigned, in whole or
in part, by written instrument, to any subsequent owner of all or any portion of the Property,
without consent from the Town. Notice of any transfer or assignment in accordance with this
paragraph shall be provided to the Town within 10 days of such transfer or assignment. If any
such transfer occurs within 90 days after the Effective Date, and following such transfer
Palisades’ successor or assign requests substantial modifications to this Agreement, Palisades
agrees its successor or assign shall be responsible to pay the Town’s legal fees related to the
requested changes to this Agreement.
10.10 Third Parties. No term or provision of this Agreement is intended to, or
shall be for the benefit of any person or entity not a Party hereto, and no such other person or
entity shall have any right or cause of action hereunder.
10.11 No Partnership. None of the terms or provisions of this Agreement shall
be deemed to create a partnership between or among the Parties hereto in their respective
businesses or otherwise, nor shall it cause them to be considered joint ventures or members of
any joint enterprise. Each Party hereto shall be considered a separate owner, and no Party
hereto shall have the right to act as an agent for another Party hereto, unless expressly
authorized to do so herein or by separate written instrument signed by the Party to be charged.
10.12 Waiver. No delay in exercising any right or remedy shall constitute a
waiver thereof, and no waiver of any breach shall be construed as a waiver of any preceding or
succeeding breach of the same or any other covenant, or condition of this Agreement. No
waiver shall be effective unless it is in writing and is signed by the Party asserted to have
granted such waiver.
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10.13 Further Documentation. The Parties agree in good faith to execute such
further or additional instruments and documents and to take such further acts as may be
necessary or appropriate to fully carry out the intent and purpose of this Agreement.
10.14 Fair Interpretation. The Parties have been represented by counsel in the
negotiation and drafting of this Agreement and 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.
10.15 Counterparts. This Agreement may be executed in counterparts, each of
which shall be an original but all of which shall constitute one and the same instrument.
10.16 Computation of Time. In computing any period of time under this
Agreement, the date of the act or event from which the designated period of time begins to run
shall not be included. The last date of the period so completed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next
day which is not a Saturday, Sunday or legal holiday. The time for performance of any
obligation or taking any action under this Agreement shall be deemed to expire at 5:00 p.m.
(local time, Phoenix, Arizona) on the last day of the applicable time period provided herein.
10.17 Conflict of Interest. Pursuant to ARIZ. REV. STAT. §§ 38-503 and 38-511,
no member, official or employee of the Town shall have any personal interest, direct or indirect,
in this Agreement, nor shall any such member, official or employee participate in any decision
relating to this Agreement which affects his or her personal interest or the interest of any
corporation, partnership or association in which he or she is, directly or indirectly, interested.
This Agreement is subject to cancellation pursuant to the terms of ARIZ. REV. STAT. § 38-511.
10.18 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, 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.
10.19 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.
10.20 Estoppel Certificate. Upon Palisades’ written request, the Town will
execute, acknowledge and deliver to Palisades and all parties identified by Palisades, including
without limitation assignees, transferees, tenants, purchasers, investors, lenders, and
mortgagees, a written statement certifying (A) that this Agreement is unmodified and in full force
and effect (or, if there have been modifications , that this Agreement is in full force and effect, as
modified, and stating modifications) and (B) whether there are any existing breaches or defaults
by Palisades then known to the Town under this Agreement, and if so, specifying the same.
The Town will deliver the statement to Palisades or such requesting party within 15 days after
request. The Town acknowledges that any such assignee, transferee, tenant, purchaser,
investor, lender, or mortgagee may rely upon such statement as true and correct.
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10.21 Runs with the Land. The covenants, conditions and restrictions in this
Agreement create equitable servitudes upon every portion of the Property in favor of the Town.
These covenants, conditions and restrictions run with the land and shall be prior, superior and
non-subordinated to any and all encumbrances placed against the Property after this
Agreement is recorded.
10.22 Exhibits. All exhibits attached hereto are incorporated herein by this
reference as though fully set forth herein.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
TOWN:
THE TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation
Linda M. Kavanagh, Mayor
ATTEST:
Bevelyn J. Bender. Town Clerk
ACKNOWLEDGEMENT
STATE OF ARIZONA )
) ss.
County of Maricopa )
On ________________________, 2017, before me personally appeared Linda M.
Kavanagh, the Mayor 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 she
claims to be, and acknowledged that she signed the above document on behalf of the Town of
Fountain Hills.
Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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Palisades:
PALISADES RESORTS, LLC, a Delaware limited
liability company
By: Crown Rock Ventures LLC, an Arizona
limited liability company
By:
William D. Hinz II, Manager
ACKNOWLEDGEMENT
STATE OF ARIZONA )
) ss.
County of Maricopa )
On ________________________, 2017, before me personally appeared William D.
Hinz II, the Manager of Crown Rock Ventures, LLC, an Arizona limited liability company, as
Manager of PALISADES RESORTS, LLC, a Delaware limited liability company, 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 Palisades Resorts, LLC.
Notary Public
(Affix notary seal here)
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EXHIBIT A
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Legal Description of the Property]
See following pages.
7154 East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Existing Conditions
160’80’40’20’0’
Location Plan
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EXHIBIT B-1
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Conceptual Site Plan for the Property]
See following pages.
East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Overall Site Plan | Phases 1, 2 & 3
160’80’40’20’0’
Room Wing
+/-100 keys
New Pool
Area
Casual
Dining
Tennis
Parking
Structure
Event
Arrival Service
Entrance
Tennis
Room Wing North
128 keys
Existing
Clubhouse
To Remain
+/- 60 keys
Membership Expansion
Facilities
Existing
Function
Lawn
Arrival
Arroyo
Garden
Member
Parking
Member
Entry
Access
Drive
Existing
Pool
Bike Outfitter /
Valet
Enhanced
Landscape
Amenities
Parking Data
On Site Parking: 26 spaces
Located throughout the site
Garage: 321 spaces
(+ 40 valet)
Level B1 104 spaces
Level 1 85 spaces + 6 valet
Level 2 104 spaces + 6 valet
Top (Plaza Deck): 16 spaces
(+ large event tennis parking = 40 additional spaces)
Overall Site Total : 347 spaces
(+40 valet on tennis available)
Meeting / Banquet Space
9,000 sf +/- of behind door
meeting space
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT B-2
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Phasing Plan for the Property]
See following pages.
7154 East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Phasing Plan
Phase 1
Room Wing 128 keys
and site amenities
Existing
Clubhouse
To Remain
Phase 1
Convention Space
Phase 3
Room Wing +/-100 keys
Parking Garage & Pool Area
Phase 2
+/-60 keys
Membership Expansion
Facilities
160’80’40’20’0’
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT B-3
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Phase 1 Detail for the Property]
See following pages.
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT B-4
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Phase 2 Detail for the Property]
See following pages.
7154 East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/28/2017
Conceptual Planning Package
Phase Two Site Plan
Parking Yield: 211 spaces on Grade
+40 valet spaces
special event parking
Total Parking Provided: 251 spaces
160’80’40’20’0’
Convention Space
9,000 sf +/- of behind door
meeting space
Tennis
Phase 1
Room Wing 128 keys
and site amenities
Existing
Clubhouse
To Remain
Phase 1
Phase 2
+/-60 keys
Membership Expansion
Facilities
Expansion &
Workforce
Parking
Guest
Parking Guest
Parking
Bike Outfitter /
Valet
Member
Entry
Chapel
Valet
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT B-5
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Phase 3 Detail for the Property]
See following pages.
7154 East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Phasing Plan
Phase 1
Room Wing 128 keys
and site amenities
Existing
Clubhouse
To Remain
Phase 1
Convention Space
Phase 3
Room Wing +/-100 keys
Parking Garage & Pool Area
Phase 2
+/-60 keys
Membership Expansion
Facilities
160’80’40’20’0’
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT B-6
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Phase 1 Conceptual Elevation Detail]
See following pages.
East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Existing Hotel Wing & Clubhouse
Proposed Phase 1 Hotel Wing & Clubhouse
Hotel Arrival
Phase 1 Massing Imagery
East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Phase 1 Massing Imagery
Arrival Looking North
Convention Space Arrival
Guest Wing Looking South
East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Phase 1 Massing Imagery
East Facing Rooms
West Elevation
East Elevation
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT B-7
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Phase 2 Conceptual Elevation Detail]
East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Phase 2 Massing Imagery
East Side from Lawn
West Elevation
East Elevation
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT B-8
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Phase 3 Conceptual Elevation Detail]
East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Phase 3 Massing Imagery
West Elevation
Room Wing Above Conference
Southwest Site Corner
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT C
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Parking Study]
See following pages.
PARKING STUDY ON FILE WITH THE TOWN CLERK
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT D
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Traffic Study]
See following pages.
TRAFFIC STUDY ON FILE WITH THE TOWN CLERK
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
EXHIBIT E
TO
DEVELOPMENT AGREEMENT
FOR COPPERWYND RESORT EXPANSION
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PALISADES RESORTS, LLC
[Schedule of Performance]
See following page.
Copperwynd Resort Expansion Development Agreement – Fountain Hills - 2017
2896602.12
SCHEDULE OF PERFORMANCE
Deadline to Perform Task From
Effective Date of Agreement Task/Obligation
Phase 1 – 128 Room Expansion
12 Months Developer to have submitted Site Plan and Construction
Documents for Phase 1 improvements, including Public
Infrastructure Improvements.
18 Months Developer to have begun construction of Phase 1
improvements.
36 Months Developer to have completed construction of Phase 1
improvements. Developer to have completed Public
Infrastructure Improvements for Phase 1.
Phase 2 – 60 Room Expansion
60 Months Developer to have submitted Site Plan and Construction
Documents for Phase 2 improvements, including Public
Infrastructure Improvements.
72 Months Developer to have completed construction of Phase 2
improvements. Developer to have completed Public
Infrastructure Improvements for Phase 2.
Phase 3 – 112 Room Expansion
12 Months prior to the expiration
of the term of this Agreement
Developer to have submitted Site Plan and Construction
Documents for Phase 3 improvements, including Public
Infrastructure Improvements.
On or prior to the expiration of the
term of this Agreement
Developer to have completed construction of Phase 3
improvements. Developer to have completed Public
Infrastructure Improvements for Phase 3.
CopperWynd Resort and
Club
Planned Area Development
Town of Fountain Hills
March 6,2017
Owner:
Palisades Resorts,LLC
13225 North Eagle Ridge Drive
Fountain Hills,Arizona 85268
Applicant:
Jordan Rose
Rose Law Group pc
7144 East Stetson Drive,Suite 300
Scottsdale,Arizona 85251
A P P R O V E D
Tovw&a^oimtaki Hills
2911591.1
ORDINANCE 17-04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS OFFICIAL ZONING DISTRICT MAP FOR APPROXIMATELY 16.5
ACRES LOCATED AT 13225 NORTH EAGLE RIDGE DRIVE IN FOUNTAIN
HILLS, ARIZONA, AS SHOWN IN CASE NO. Z2017-02, FROM R-5 PUD
(MULTI-FAMILY RESIDENTIAL) TO PLANNED AREA DEVELOPMENT
(COPPERWYND PAD).
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town
Council”) desires to amend the Town of Fountain Hills Official Zoning District Map (the
“Zoning Map”) pursuant to ARIZ. REV. STAT. § 9-462.04, to change the zoning designation for
an approximately 16.5 acre parcel of real property at 13225 North Eagle Ridge Drive in Fountain
Hills, Arizona, from R-5 PUD (Multi-Family Residential) to Planned Area Development
(Copperwynd PAD) (the “Zoning Map Amendment”); and
WHEREAS, the Zoning Map Amendment proposed by this Ordinance is consistent with
the Fountain Hills General Plan 2010, as amended; and
WHEREAS, all due and proper notices of public hearings on the Zoning Map
Amendment to be held before the Town of Fountain Hills Planning and Zoning Commission (the
“Commission”) and the Town Council were given in the time, form, substance and manner
provided by ARIZ. REV. STAT. § 9-462.04; and
WHEREAS, the Commission held a public hearing on March 9, 2017, on the Zoning
Map Amendment, after which the Commission recommended approval; and
WHEREAS, the Town Council held an additional public hearing regarding the Zoning
Map Amendment on March 16, 2017; and
WHEREAS, in accordance with Article II, Sections 1 and 2 of the Arizona Constitution,
the Town Council has considered the individual property rights and personal liberties of the
residents of the Town before adopting this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The approximately 16.5 acre parcel of real property generally located at
13225 North Eagle Ridge Drive, Fountain Hills, Arizona, as more particularly described and
depicted on Exhibit A, attached hereto and incorporated herein by reference, is hereby rezoned
from R-5 PUD (Multi-Family Residential) to PAD (Copperwynd PAD), subject to (i) the Town’s
adopted codes, requirements, standards and regulations for property zoned L-3 (Lodging Zoning
2911591.1
2
District), except as specifically modified by the Copperwynd PAD document dated March 6,
2017, as included in Case No. Z2017-02 and (ii) the following stipulation:
1. No site work or construction activities may be undertaken until after this
Ordinance becomes effective according to Arizona law.
SECTION 3. If any provision of this Ordinance is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed
separate, distinct and independent of all other provisions and such holding shall not affect the
validity of the remaining portions of this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps necessary to carry out the purpose and intent
of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, March 16, 2017.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney
2911591.1
EXHIBIT A
TO
ORDINANCE 17-04
[Legal Description and Map of the Property]
See following page.
7154 East Stetson Drive | 4th Floor | Scottsdale, AZ 85251 | 480.990.2800 | allenphilp.com
Copperwynd Resort
Project Address:
Project Number:
Issue Date:
13225 N. Eagle Ridge Dr.
Fountain Hills, AZ
AP1618
02/16/2017
Conceptual Planning Package
Existing Conditions
160’80’40’20’0’
Location Plan
03-07 •17A10: 18 RCVD
March 8,2017
Town of Fountain Hills
Planning & Zoning Commission
16705 E.Avenue of the Fountains
Fountain Hills,AZ 85268
RE:March 9,2017,Planning &Zoning Commission Agenda-PUBLIC HEARING to
receive comments on ORDINANCE #17-04, a text amendment tothe Town of Fountain
Hills Zoning Map.If adopted,the amendment would rezone approximately 16.5 acres at
13225 N.Eagle Ridge Drive (Copperwynd Resort),from "R-5 PUD"to the
"Copperivynd PAD"zoning district Case Z 2017-02
Dear Chairman Archambau.lt,Vice-Chair Mikolajczyk,Commissioner Hansen,
Commissioner Jones, Commissioner Ovvers,Commissioner Dabrowski,
Commissioner Dempster:
The Board of Directors of the Fountain Hills Chamber of Commerce submits this
letterinsupportof the proposed expansion of CoppcrWynd Resort and recommend
approval ofa PAD forits development.
We agree with the statements of Bill Hinz,Owner/Operator,who believes the S100
million dollar project will support the Town of Fountain Hills through the
following:
•Additional taxon room revenue above and beyondthe sales tax.Preliminary
projections show an increased tax impact to the Town of Fountain Hills from
Si60,000 in bed tax revenue for 32 rooms last year to an estimated
S1,650,000.00for300 roomsby Phase Three.'This increase in revenue to the
Town comes at a critical time to assist with funding projectedbudget shortfalls.
•CoppcrWynd Resort on the national and international resort stage will make
Fountain Hills a resort town in the same company as Paradise Valley,Scottsdale
and Phoenix.Tic Tensof thousandsof additionalannual Guests will shop in the
stores,dine in the restaurants and frequent Fountain Hills businesses.Once a
guest comes tothe resort,they will want to come back and hopefully,live in this
edible community.
We encourage youtosupport this project by approving the PAD and allowing it to
move forward.
Sincerely,
Scort Soldat-Valenzuela
President/CEO
FOUNTAIN HILLS
Board of Directors
Paul Perreault Jr.,Chair
First Financial Equity
Corporation
Christopher Siino, Vice-Chair
Owner,Siino Design
Audrie Ouellette,Secretary
Owner,A & H Pizza
Companies,LLC/dba Little
Caesars
Jodie Winters,Treasurer
Nova Home Loans
Colin Homing,Immediate
Past Chair
UMB
Boe James
VFW Post 7507
Rosaria Cain
Owner,Knoodle
Merita Kraya
Owner,Euro Pizza Cafe,Inc.
Suzanne Nann
Sonoran Lifestyle Real Estate
Sheri Patton
Owner,American Family
Insurance Agency
LeeAnn Torkelson
SRP
Stephany Pueschel
MidFirst Bank
Dr.Nick Schultz
Owner,Healthsource
Chiropractic Clinic
Nathan Watters
Owner,Cummings Pest
Control
Dr. Patrick Sweeney
Fountain Hills Unified School
District
Tait Elkie
Owner,Fountain Hills Law
Firm
16837 E.Palisades Blvd.,Fountain Hills,Arizona 85268 i www.FountainHillsChamber.com I 480-837-1654
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Request for Rezoning | Fountain Hills Town Council | March 16, 2017
Bill Hinz purchased property in 2015
History and Improvements
Over the last 20 months, he has invested
$6 million to renovate CopperWynd
But there are currently only 32 rooms…
Losing a great opportunity to showcase
this beautiful resort…
…AND the beauty of Fountain Hills
Bill Hinz has worked tirelessly to assemble a world class
“Dream Team” of architects, engineers, and designers…
…in order to build a revitalized and
Gold Medal-winning
resort in Fountain Hills!
World Class Hotelier
Working with world-renowned hotelier that operates
largest boutique hotel chain in the United States!
Phoenix, Arizona Sedona, Arizona
World Class Architects
Allen + Philp Partners Architecture & Interior Design Bighorn Golf Club and Spa
Palm Desert, CA
Allen + Philp Partners Architecture & Interior Design Joya Spa at Montelucia
Paradise Valley, AZ
World Class Architects
World Class Architects
Allen + Philp Partners Architecture & Interior Design
Mountain Shadows Resort & Golf Club
Paradise Valley, AZ
World Class Architects
Allen + Philp Partners Architecture & Interior Design
Hotel Valley Ho
Scottsdale, AZ
World Class Architects
Allen + Philp Partners Architecture & Interior Design
Warm Springs Ranch Resort and Spa
Ketchum, ID
World Class Architects
Allen + Philp Partners Architecture & Interior Design
Sheraton Salobre Resort and Spa
Canary Islands, Spain
World Class Architects
Award-winning architect AND proud Fountain Hills-ian
Mark Philp!
Incredible Architectural Design
Lot Coverage will be below 25% gross site
area allowed by the Zoning Ordinance area allowed by the Zoning Ordinancearea allowed by the Zoning Ordinancearea allowed by the Zoning Ordinancearea allowed by the Zoning Ordinancearea allowed by the Zoning Ordinance
•Phase 1 = 9%
•Phase 2 = 11.5%
•Phase 3 = 18%
Lot Coverage
Open Space provided will be more than twice
the 15% required by the Zoning Ordinance the 15% required by the Zoning Ordinancethe 15% required by the Zoning Ordinancethe 15% required by the Zoning Ordinancethe 15% required by the Zoning Ordinancethe 15% required by the Zoning Ordinance
•Open Space at buildout = >30%
Open Space
Parking Garage will have two floors in-ground
and one above.
Parking
•Level B1 = 104 spaces
•Level 1 = 91 spaces
•Level 2 = 110 spaces
•Top - Plaza Deck = 16 spaces
•Tennis Court (overflow) = 40 valet spaces
•TOTAL GARAGE PARKING = 361
A surplus of parking is provided in every phase
Parking
Phase
Peak Weekday
Demand
Peak Weekend
Demand
Parking
Provided
Parking Provided
(Full Valet)**
1 200 228 239* 269
2 233 261 251* 283
3 311 326 387* 439
*Includes 40 valet spaces on tennis courts
**15% increase in parking efficiency with full valet
Peak demand accounts for full hotel, restaurant,
event center, employees and members.
41 extra spaces! 41 extra spaces!41 extra spaces!
22 extra spaces!
113 extra spaces!
2 233 261 251*283
3 311 326 387*4393311326326
22 extra spaces!22 extra spaces!22 extra spaces!22 extra spaces!22 extra spaces!
113 extra spaces!113 extra spaces!
A surplus of parking is provided in every phase
Parking
Phase
Peak Weekday
Demand
Peak Weekend
Demand
Parking
Provided
Parking Provided
(Full Valet)**
1 200 228 239* 269
2 233 261 251* 283
3 311 326 387* 439
*Includes 40 valet spaces on tennis courts
**15% increase in parking efficiency with full valet
Peak demand accounts for full hotel, restaurant,
event center, employees and members.
41 extra spaces! 41 extra spaces!41 extra spaces!
22 extra spaces! 22 extra spaces!22 extra spaces!22 extra spaces!
113 extra spaces! 3 311 326 387*4393311326326 113 extra spaces!113 extra spaces!
A surplus of parking is provided in every phase
Parking
Phase
Peak Weekday
Demand
Peak Weekend
Demand
Parking
Provided
Parking Provided
(Full Valet)**
1 200 228 239* 269
2 233 261 251* 283
3 311 326 387* 439 3 311 326326
*Includes 40 valet spaces on tennis courts
**15% increase in parking efficiency with full valet
Peak demand accounts for full hotel, restaurant,
event center, employees and members.
41 extra spaces!
22 extra spaces!
113 extra spaces!
Phase 1
Expansion to 128 guestrooms
199 Parking spaces provided
Can park 269 with full valet
Need 228 spaces, have 41 extra spaces!
Includes Meeting and Banquet Space
Phase 2
Expansion to 188 guestrooms
211 Parking spaces provided
Can park 283 with full valet
Need 261 spaces, have 22 extra spaces!
Expanded facilities for members
Phase 3
Expansion to 300 guestrooms
347 Parking spaces provided
Can park 439 with full valet
Need 326 spaces, have 113 extra spaces!
Improvements to amenities and grounds
World Class Restaurant Remains
No Negative Visual Impact
View from Sun Ridge Golf Club Entrance (1/4 mi.)
No Negative Visual Impact
View from Sun Ridge Golf Club Entrance (1/4 mi.)
No Negative Visual Impact
Current View Future View
No Negative Visual Impact
Current View Future View
No Negative Visual Impact
Current View Future View
Huge Economic Benefit
•CopperWynd’s revitalization is a major financial
benefit to the entire Fountain Hills community
•Upon full buildout, total sales tax to increase 10x
from:
•$160,000 in 2016 to
•$1,650,000 at full buildout!
Huge Economic Benefit
Huge Economic Benefit
Increase in sales tax from nearby businesses as more
visitors come to enjoy the beauty of Fountain Hills!
Widespread Community Support
Fountain Hills Chamber
of Commerce Votes to
Support!
Widespread Community Support
Widespread Community Support
•Nearly 60 signatures in support!
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Widespread Community Support
•Nearly 30 support letters submitted in the last three weeks!
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Request for Rezoning | Fountain Hills Town Council | March 16, 2017
THANK YOU
Bill Hinz and His Team Thank You for Supporting The
Revitalization of the Great CopperWynd Resort & Club!
Request for Rezoning | Fountain Hills Town Council | March 16, 2017
League of Arizona Cities and Towns, AZ - March 3, 2017
http://azleague.org/index.aspx?NID=406[3/6/2017 6:53:21 AM]
March 3, 2017
Issue 8 - March 3, 2017
Legislative Overview
Today is the 54th day of session and this week standing committees in both chambers
reconvened to take action on assigned bills from the opposite chamber. In addition to
committee action, floor sessions continued to debate and vote on bills that were not heard
during crossover week.
State Budget
To date, the state budget has not been introduced and many of the details being considered
remain confidential. However, the League was informed that certain components of the
budget that will have a significant impact on local government are under consideration and
the conclusion of the legislative session may be delayed due to ongoing negotiations.
While the House has reestablished the use of Appropriations subcommittees, the Senate
continues to do most of the work on the budget through small group meetings of members
only. Even though the House subcommittees are meeting in public sessions, we know much
of the actual negotiating occurs out of the public's view.
Therefore, it is critical that you continue to communicate our serious concerns about the
Arizona Board of Regents' proposal to allow the three state universities to keep the
transaction privilege taxes they currently pay, including the shared portion that goes to local
governments. This is a dangerous precedent for a variety of reasons. First, it will
undoubtedly lead other state-funded entities (K-12 school districts, community colleges, etc.)
to seek the same opportunity to keep the taxes they pay. This will undermine the integrity
of the shared revenue system. The erosion of the tax base, the violation of the shared
revenue formula and the continuation of the shift of state responsibility to local governments
are all legitimate reasons to oppose this proposal.
It is important to contact your delegation members soon to tell them to reject the taking of
local revenue for the university system.
CALL TO ACTION
In last week's bulletin, we wrote about HB 2212 federal financial assistance; reports,
sponsored by Rep. Vince Leach R-Tucson, LD 11. It would require all state agencies and
political subdivisions to prepare an annual report detailing all of the federal funds they
receive and to submit that information to the Arizona Department of Administration (ADOA).
Additionally, it requires each agency or political subdivision to submit a plan for what it would
do in the event these funds are reduced. This information would be summarized by ADOA in
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a report that would be shared with the chairs of the House and Senate Appropriations
Committees. These committees could use this information to reduce, eliminate or otherwise
adjust future appropriations of state monies.
Cities and towns receive most of their shared revenue based on revenue formulas rather
than direct appropriation. Local elected officials and their professional staff are in the best
position to determine whether to seek federal funding and how to manage their own
budgets. This bill unnecessarily intrudes into local decision making and is burdensome in its
reporting requirements.
The bill will be heard in the Senate Appropriations committee on Tuesday, March 7, 2017.
The following are the members of the committee:
Senator Debbie Lesko (Chair)
Senator John Kavanagh (Vice Chair)
Senator Sylvia Allen
Senator Steve Montenegro
Senator Warren Petersen
Senator Steve Smith
Senator Olivia Cajero Bedford
Senator Steve Farley
Senator Katie Hobbs
Senator Martin Quezada
We would like to amend the bill to remove cities and towns from the requirements of the
bill. However, if we are unsuccessful we will oppose it. Please contact members of the
committee or members of your delegation to express your concerns about this unnecessary
and intrusive proposal.
Construction Sales Tax
Representative Regina Cobb R-Kingman, LD 5, held another meeting this week on her
proposed bill, HB 2521 TPT reform; contractors, to reform construction contracting sales
taxes. Earlier, the bill was heavily amended in the House Ways and Means Committee. We
had many concerns about the bill as amended and have continued to oppose it.
In the meeting this week, Representative Cobb said that she was going to again significantly
amend the bill on the floor of the House. While the amendment was not available, she
explained that it would include the following provisions:
Eliminate the prime contracting tax for state and local governments and imposes retail
taxes on construction materials purchased by contractors
Create a new excise tax separate from transaction privilege tax (TPT) that would be
imposed on 100 percent of a construction project (We believe she intends for this
new excise tax to be shared with local governments but cannot be sure until we see
the language.)
Apply some or all of the existing TPT exemptions to the new excise tax
Require all contractors to be licensed and to remit taxes to the Department of
Revenue (This includes the contractors who gave up their licenses under the 2013
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changes to construction sales taxes.)
Eliminate the authority for cities and towns to impose a prime contracting tax on
construction projects other than Highway, Street and Bridge projects (This corrects
drafting errors that were in the House Ways and Means committee amendment.)
She intends to keep the portion of the underlying bill that establishes the new revenue
sharing pool made up of a portion of all retail sales taxes (not just those related to
construction) assessed by a city or town. For 2018, the percentage of retail taxes that are to
be remitted to the pool is 4% but that would be adjusted semi-annually based on a
formula. These retail taxes would then redistributed among cities and towns based on the
value of building permits issued by the city or town during the preceding 36 months.
Since we have not seen the amendment, it is impossible to analyze how it would impact our
local revenues. Until we are able to analyze the proposal, we have no choice but to oppose
the bill and the amendment. Additionally, since the first reforms in 2013, the goal has been
to simplify our system of taxing construction activity and we do not believe this proposal
achieves that goal.
The bill did not move forward to the Committee of the Whole this week but we want to
remain prepared in the event it moves to the floor of the House next week. Please contact
your legislators to register your continued concern on this issue.
Vehicle Impounds
Several municipalities have shared concerns about HB 2159 vehicle impoundment; release of
vehicles, sponsored by Rep. Darin Mitchell R-Glendale, LD 13. The bill would eliminate the
statutory 30-day hold on vehicles that have been impounded twice within 1 year due to the
driver lacking a valid license or a DUI. The concern is that removing this deterrent will lead
to more unsafe/unlicensed drivers on our streets.
During the House committee hearing, the sponsor explained that the bill is meant to address
a situation in which a commercial vehicle was impounded due to an employee's actions and
the owner of the company was required to sign the contract establishing the 30-day hold for
a second violation in order to recover the vehicle. The League approached Rep. Mitchell
about amending the bill to reinstate the 30-day hold contract for all other vehicles except for
commercial vehicles/assets and the sponsor agreed. The bill was held this week but will
likely be heard next week, along with the League's proposed amendment sponsored by Sen.
Fann R-Prescott, LD 1.
Small Cell
On Thursday, League staff met with the wireless carriers to continue negotiations on HB
2365 wireless providers; use of rights-of-way, sponsored by Rep. Jeff Weninger R-Chandler,
LD 17. The industry provided changes to the bill that address most of the outstanding issues
in regard to maintaining the ability of cities and towns to manage rights-of-way for small
cell deployment. While some issues remain, League staff and the wireless carriers have
agreed to meet again to offer solutions before the bill will be heard in the Senate Commerce
and Public Safety Committee on March 13.
The changes to the bill offered by the industry, among others, limit deployment of wireless
infrastructure to the right-of-way only; reduce the number of applications carriers may
submit in a batch from 30 to 25; limit the size of equipment from 50 to 28 cubic feet; allow
cities and towns to deny applications for small cell deployment that do not meet objective
design standards or ground-mounted equipment spacing requirements; and remove
provisions regarding make-ready work for replacement utility poles owned by a municipality.
The bill still contains provisions regarding deployment of macro cell sites. After further
discussion, Sprint has offered to make changes to the bill that will ensure cities and towns
have the ability to manage and limit the placement of these structures in the right-of-way
and that they undergo a zoning review and approval process.
Oversize/Overweight Vehicles
This week the Senate Transportation and Technology Committee unanimously passed HB
2371 oversize commercial vehicles; local authority, sponsored by Rep. Drew John R-Safford,
LD 14. The Arizona Trucking Association worked with the League prior to session to craft
legislation that will require cities, towns and counties to adopt ordinances for oversize and
overweight motor carriers that are substantially identical to the rules adopted by the Arizona
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Department of Transportation to ensure rules are applied uniformly statewide. Cities and
towns will maintain the ability to adopt ordinances for infrastructure, route and time of day
restrictions to provide safe travel for these vehicles that will not damage bridges or roads or
impede traffic during peak hours.
After the bill passed committee, the League was informed of a proposed amendment that
would prohibit cities and towns from restricting the number of trips motor carriers may make
during a specified period of time. This amendment was drafted to address a specific
situation in the Town of Patagonia regarding a proposed ordinance limiting commercial and
oversize/overweight truck travel on a residential street to a specified number of trips but
included a provision allowing trips to exceed the restriction with a permit from the town.
The town ordinance was proposed to address the concerns of citizens regarding the use of a
residential street by a nearby mining operation as a route for large mining trucks from the
state highway to the mine site. The street is not built to withstand the frequent travel of
large vehicles and traverses areas with a high amount of pedestrian traffic, which prompted
the town council to seek a solution to the problem.
Patagonia subsequently tabled their proposal and is no longer considering adopting this
ordinance, but we believe the bill, with this amendment, will likely impact other
municipalities.
Legislative Bill Monitoring
All bills being actively monitored by the League can be found here.
Legislative Bulletin is published by the League of Arizona Cities and Towns.
Forward your comments or suggestions to league@azleague.org.
Issue 9 – March 10, 2017
Legislative Overview
Today marks the 61st day of session and this week League staff have been engaged in
a number of stakeholder meetings, testifying in committees and meeting with
legislators on bills impacting city and town government. Legislative action this week was
at a moderate pace with most of the activity occurring in standing committees. Floor
and committee activity will increase in the coming weeks as the legislature works to
take action on bills before deadlines pass.
To date, the introduction of a budget package has yet to occur. The Senate is still
meeting in small groups to discuss budget priorities while the House is piloting a
subcommittee process where priorities are discussed and vetted in an open meeting
prior to submitting recommendations to the Appropriations Committee. The budget
process, however, appears to be delayed pending ongoing discussions regarding
priorities put forth by the governor that may not have enough support of leadership and
rank and file legislators.
ABOR Budget Proposal
There have been several news stories about this proposal this week with Governor
Ducey’s spokesman saying this portion of the state budget is a “high priority” for the
governor. As proposed, this would allow universities to avoid paying their share of
state TPT—including local shared revenue—and keep it to use for bonding, general
operations and student aid. We are strongly opposed to this idea as it would open the
door for other public entities to ask to keep their TPT and it breaches the historic
shared revenue formula. The proposal would cost cities and towns millions of dollars
annually; money that is already budgeted to go to local services. As budget negotiations
begin to heat up, we request that you ask legislators to oppose the use of local revenue
for university funding.
Bonding Legislation
A League-supported bill was heard in the Senate Finance Committee on Wednesday. HB
2452 bonding; amortized premium; segregated fund, sponsored by Rep. Jill Norgaard
R-Phoenix, LD 18 makes clarifying changes to the general obligation bonds statutes for
cities and towns and other political subdivisions. It clarifies that the secondary property
tax levy for general obligation bonds that voters approve may only be used for paying
principal and interest on the bonds and not for any other purpose. The second change
defines how bond premium is amortized for purposes of the constitutional and statutory
debt limitations. The legislation unanimously passed out of committee and will proceed
to the Rules Committee.
We thank Rep. Norgaard for drafting and sponsoring this legislation and for all of her
hard work to support local government.
Small Cell Bills
The stakeholder process with the wireless carriers concluded after an agreement was
reached to modify the provisions of HB 2365 wireless providers; use of rights-of-way to
address our concerns with the bill. League staff and attorneys spent many hours in
negotiations to ensure the deployment of this technology will not impede our ability to
manage the right-of-way on behalf of our citizens.
The agreed-upon changes to the bill will be offered in a strike-everything amendment in
the Senate Commerce and Public Safety Committee on Monday. Among other things,
the changes limit deployment of wireless infrastructure to the right-of-way only; require
all monopole structures regardless of height to go through a zoning review process and
allow for cities and towns to deny these applications; reduce the number of small cell
collocation applications carriers may submit in a batch from 30 to 25; limit the size of
equipment to 28 cubic feet; allow cities and towns to deny applications for small cell
deployment that do not meet objective design standards or ground-mounted equipment
spacing requirements; increase the time frame for cities and towns to take action on
applications for small cells and related equipment; and increase the prescribed fee caps
for certain applications.
We are beginning discussions with the cable companies, Cox Communications and
Comcast, regarding their intent to merge the provisions of SB 1214 small cell
equipment; local governments, sponsored by Sen. Karen Fann R-Prescott, LD 1 into HB
2365. In addition, the cable providers have raised concerns regarding the provisions of
HB 2365 and are engaging in discussions with the wireless carriers to reconcile the
industry-specific issues in the bill. Cox and Comcast have committed to work with the
League to keep us up-to-date on these discussions and will provide amendment
language before it is adopted in the bill.
CALL TO ACTION
HB 2212 federal financial assistance; reports, sponsored by Rep. Vince Leach R-Tucson,
LD 11 passed out of the Senate Appropriations Committee this week on a party line
vote.
As you will recall, it would require all state agencies and political subdivisions to prepare
an annual report detailing the federal funds they receive and to submit that information
to the Arizona Department of Administration (ADOA). Additionally, each agency or
political subdivision would be required to have a plan in the event these funds are
reduced. This information would be summarized by ADOA in a report that would be
shared with the chairs of the House and Senate Appropriations Committees. These
committees could use this information in future funding decisions.
We have worked very well with the sponsor, Rep. Vince Leach, on a number of other
issues this year. Unfortunately, he has not agreed to amend cities and towns out of the
bill so we are going to have to try to defeat this legislation. Since it has not been
amended, it will not need to go back to the House for a final vote. Therefore, this will
be our last opportunity to stop it.
Cities and towns receive most of their share of revenues based on revenue formulas
rather than direct appropriation. Local elected officials are in the best position to
determine whether to seek federal funding and how to manage their own budgets. This
bill unnecessarily intrudes into local decision making and is burdensome in its reporting
requirements.
Please contact your senator soon to express your opposition to this bill and to ask them
to vote NO on HB 2212.
HB 2495 consolidated election dates; tax authorization, sponsored by Rep. Kevin Payne
R-Peoria, LD 21 will be heard on Thursday morning in the Senate Judiciary Committee.
The bill would require any approval or authorization of a TPT assessment by a county,
city or town to be held during the fall cycle of even numbered years.
This is problematic for a number of reasons. For general law cities and towns, the
council is currently authorized to make these decisions. The intent of the bill is to
impose a whole new requirement for elections that have not been necessary in the
past. Additionally, there may be circumstances when a city or town would not be able
to wait two years to go to their electorate on a tax question. The timing of elections is
best made at the local level.
Additionally, when the legislature tried to dictate when candidate elections would be
held, the law was challenged and the authority of charter cities to determine when
these elections would occur was upheld. We believe it is likely the Court that would
again rule this is a matter of local concern.
The following are the members of the Senate Judiciary committee:
Senator Judy Burges (Chair)
Senator Nancy Barto (Vice Chair)
Senator Bob Worsley
Senator Frank Pratt
Senator Lupe Contreras
Senator Andrea Dalessandro
Senator Martin Quezada
Please contact these members and ask them to OPPOSE HB 2495.
Cardiac Presumption
This session the League has been working extensively on both of the workers’
compensation “presumption” bills brought forward by the firefighters’ association. The
“cardiac” presumption, HB 2410 workers' compensation; firefighters; heart-related
cases, sponsored by Rep. T. J. Shope R-Casa Grande, LD 8, expands the list of
conditions presumed to be the result of working in the fire service to include all heart,
perivascular and pulmonary disease. As drafted the bill would have allowed the
dependents of any firefighter that passed away from heart, pulmonary or vascular
disease, regardless of the firefighter’s length of service, age at death, or when the last
time the firefighter was assigned to hazardous duty, to file for worker’s compensation
death benefits.
The bill was amended on the House floor to limit the presumption to incidences that
occur within 24 hours of a known work-related event. This substantial revision is a
major change from the bill as drafted and significantly limits its potential liability relative
to the original bill. The League will continue to work on the measure with the
firefighters’ associations as the bill moves forward to craft a policy that protects the
workers’ compensation system, local taxpayers and our public safety employees' health.
Directed Workers’ Comp Care
Based on input from our members, the League is supporting SB 1407 workers'
compensation; employee definition; notice, sponsored by Sen. Karen Fann R-Prescott,
LD 1. The bill would allow public employers to direct the care of their employees in
workers’ compensation cases. Under current law a private employer may direct the care
of their employees in workers’ compensation cases but a public employer may not. In
the private sector directing workers’ compensation care has been an effective way to
control costs while maintaining the quality of care and the integrity of the system.
Providing public employers access to this tool could prove highly beneficial to both
public employees and employers and the League is working to make this option
available to our members. The bill will be heard in the House Banking and Insurance
Committee on Monday and we encourage you to reach out to your state representatives
to ask them to vote YES on the bill.
Legislative Bill Monitoring
All bills being actively monitored by the League can be found here.