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2018.09.04.AgendaPacket
NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL rgat is AY�.to Mayor Linda M. Kavanagh Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger Councilmember Alan Magazine Councilmember Art Tolis Councilmember - Vacant TIME: 5:30 P.M. -- REGULAR SESSION WHEN: TUESDAY, SEPTEMBER 4, 20'18 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 46705 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. Last Printed: 8/21/2018 4:53 PM Page 1 of 1 TOWN COUNCIL REGULAR MEETING AGENDA SEPTEMBER 4, 2018 Page 1 REGULAR MEETING CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh 2. INVOCATION — Pastor Todd Forrest of Fountain Hills Christian Center 3. ROLL CALL — Mayor Linda M. Kavanagh 4. MAYOR'S REPORT A. The Mayor will read a PROCLAMATION declaring September 17 — 23, 2018, as Constitution Week in the Town of Fountain Hills. 5. SCHEDULED PUBLIC APPEARANCESIPRESENTATIONS A. The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. 6. CALL TO THE PUBLIC Pursuant to A.R.S. 38-431.01(N), 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. 7. 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. A. APPROVAL of Minutes of the Regular Meeting of June 19, 2018, and the Special Meeting of June 26, 2018. B. CONSIDERATION OF approving a Special Event Liquor License Application for the Fountain Hills Theater (Walter Morlock) for a fundraiser to be held at the Fountain Hills Theater located at 11445 North Saguaro Boulevard, from 3:00 PM to 12:00 AM on Friday, October 12, 2018. C. CONSIDERATION OF approving a Special Event Liquor License Application for the Fountain Hills Theater (Walter Morlock) for a fundraiser to be held at the Fountain Hills Theater located at 11445 North Saguaro Boulevard, from 3:00 PM to 12:00 AM on Thursday November 1, 2018. D. CONSIDERATION OF approving a Special Event Liquor License Application for the Sunset Kiwanis Club of Fountain Hills (Margaret Ziefert) for a fund raiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Allaire, from 10:00 AM to 5:00 PM daily, Friday, March 8, 2019, through Sunday, March 10, 2019. TOWN COUNCIL REGULAR MEETING AGENDA SEPTEMBER 4, 2018 Page 2 E. CONSIDERATION OF approving four Special Event Liquor License Applications for the Fountain Hills and Lower Verde Valley Museum and Historical Society for the purpose of fundraising dinners, located at 13001 N. La Montana Drive, from 6:00 PM to 9:00 PM on Wednesday, October 17, 2018, November 14, 2018, January 16, 2019, and February 20, 2019. F. CONSIDERATION OF Resolution 2018-35, abandonment of a portion of the Hillside Protection Easement on the Hilltop at Sunridge Canyon subdivision, Lot 1, as recorded in Book 496, Page 49, records of Maricopa County, Arizona. (EA 2018-05) G. CONSIDERATION OF Resolution 2018-42, abandonment of the 10' Public Utility and Drainage Easement on Plat 601-A, Block 1, Lot 9 (15950 E. Sunflower Drive), as recorded in Book 161, Page 44, records of Maricopa County, Arizona, with stipulation. (EA 2018-09) H. CONSIDERATION OF Resolution 2018-43, abandonment of the 10' Public Utility and Drainage Easement on Plat 505-13, Block 1, Lot 53 (15642 N. Boulder Drive), as recorded in Book 158, Page 43, records of Maricopa County, Arizona. (EA 2018-07) CONSIDERATION OF Resolution 2018-44, abandonment of a portion of the 1' VNAE (Vehicular Non -Access Easement) on Plat 512, Block 1 , Lot 25 (14819 E. Golden Eagle Blvd.), as recorded in Book 373, Page 42, records of Maricopa County, Arizona. (EA 2018-08) CONSIDERATION OF Resolution 2018-49, abandonment of a portion of the 20' Public Utility and Drainage Easement on Plat 401-B, Block 6, Lot 40 (16950 E. Nicklaus Drive), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2018-11) K. CONSIDERATION OF Resolution 2018-50, abandonment of the 10' Public Utility and Drainage Easement on Plat 204, Block 1, Lot 8 (12008 N. Lamont Drive), as recorded in Book 11, Page 10, records of Maricopa County, Arizona, with stipulation. (EA 2018- 12) L. CONSIDERATION OF two budget transfers to reallocate funds at year end in the amount of $10,375.00. S. REGULAR AGENDA A. CONSIDERATION OF a budget transfer reallocating $850,000 from the Special Revenue Budget and all remaining Open Space Development Fees to the 2018119 Capital Improvement Budget for the completion and final payouts of the Adero Canyon Trailhead project (P3025) B. CONSIDERATION OF Professional Services Agreement C2018-075, with The Planning Center for professional consulting services related to the update of the 2020 General Plan in an amount not to exceed $100,000, for a period of one year with two additional one-year optional renewals. C. CONSIDERATION OF Contract 2019-22, in the amount of $27,000 from The Canvass Group, for the purpose of assisting with a commercial business and retail recruitment campaign. TOWN COUNCIL REGULAR MEETING AGENDA SEPTEMBER 4, 2018 Page 3 D. CONSIDERATION OF a cut/fill waiver request to permit an area of 2,655 square feet to exceed the maximum 10' visible FILL allowance up to approximately 16 feet deep maximum visible fills for the development of the back patio area, and to permit an area of 690 square feet to exceed the maximum 10' visible cut allowance up to approximately 14 feet deep maximum visible cut for the development of the front patio on a proposed new single-family residence at 16334 E Keota Drive. (Case #CFW 2018-02) E. CONSIDERATION OF approving a grant application request to apply for the Game Time playground matching funds grant (up to $50,000). 9. COUNCIL DISC USSIONIDIRECTION 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: A. DISCUSSION with possible direction to staff regarding review of the Sign Ordinance and the impacts of non -traffic related temporary signage being attached to street signs and poles. 10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. 11. ADJOURNMENT. DATED this day of Elizabeth A. Burke, MMC, Town Clerk , 2018. The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-818-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are avaitable for review in the Clerk's Office. Town of Fountain Hills PROCLAMATION Constitution Week 2018 NVIIt{REAS. September 17, 2018 marks the 231" anniversary of the Framing of the Constitution of the United States of America by the Constitutional Convention; and \VII EIRE AS. it is filling ing and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS. it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; NOW, THEREFORE. 1, Linda M. Kavanagh, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim September 17 through 23, 1-018 to be CONS'FI'I•UTION 11'EFA in Fountain Hills and hereby ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1757. DATED This 4`i' day of September, 201 S. �T A, �t .0 _ nda M. K , nagh, Ma or '—" ATTEST: Eliz i A. Burke, "1' awn Clerk �tI AlN4- a 9��t4at-•moi_ A Meeting Date: 9/412018 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Elizabeth A. Burke, Town Clerk, 480-816-5115; eburke@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving the Town Council Meeting Minutes from June 19 and 26, 2018 Applicant: NA Applicant Contact Information: NA Owner: NIA Owner Contact Information: NA Property Location: NA 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 and maintained as permanent records in compliance with state law. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA 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): NA Staff Recommendation(s): Approve List Attachment(s): Minutes of June 19, 2018, and June 26, 2018 SUGGESTED MOTION (for council use): MOVE to approve the consent agenda as listed. Prepared by: 0', j"LQ Eliza et A. r e. Town Clerk / I 412D 18 Approved: Grady E. Miller, own anager 8122/2018 Page 1 of 1 DRAFT TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 19, 2018 • CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 5:35 p.m. in the Fountain Hills Town Council Chambers. INVOCATION — Pastor Tom Daly, Trinity Lutheran Church, was not available. Mayor Kavanagh requested a moment of silence. ROLL CALL — Mayor Linda M. Kavanagh requested a roll call. Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Nick DePorter, Councilmember Alan Magazine, Councilmember Henry Leger (via conference call) and Councilmember Art Tolis. Town Manager Grady E. Miller, Interim Town Attorney Mitesh Patel, and Town Clerk Bevelyn Bender were also present. Note: Councilmember Cecil Yates vacated his position recently to run for Mayor of the Town of Fountain Hills. • MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring August 2018 Drowning Impact Awareness Month in the Town of Fountain Hills. Mayor Kavanagh read the proclamation and declared the month of August 2018 as "Drowning Impact Awareness Month" in Fountain Hills (available on line or in the office of the Town Clerk). • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. Mr. Miller announced the retirement of Town Clerk BeveIyn Bender as of July 5, 2018 serving as Fountain Hill's Town Clerk for approximately 15 -years and as a Town employee for 24 years. Mr. Miller pointed out Ms. Bender's professional accomplishments and major responsibilities in her job. Mr. Miller and Mayor Kavanagh presented Ms. Bender with a small token of the Town's appreciation. Councilmember Magazine, Councilmember DePorter, Vice Mayor Brown, Councilmember Tolis and Councilmember Leger each spoke and expressed their appreciation to Ms. Bender who was known as a total professional, wonderful person and colleague. Mayor Kavanagh stated it had been an honor to work with Ms. Bender and wished her the best in retirement. CALL TO THE PUBLIC Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered two requests were received. Harris Deitch, a 20 -year Fountain Hills resident, spoke to the safety of the Fountain Hill's children and requested protection for them. zAcouncil packets120181rl80904A80619m.docx Page 1 of 15 DRAFT Cecil Yates, a former Councilmember, current candidate for Mayor, and 14 -year Fountain Hill's resident, expressed his appreciation for Bev Bender. Mr. Yates provided an update on the water main break issue on Sunridge Drive and mentioned there had been multiple breaks in this area over the years. Mr. Yates stated he had met with EPCOR management recently and was told the plans were in the works to replace the main system on Sunridge Drive with construction beginning by early next year. Mr. Yates explained the decision on when the project begins would involve comments from the surrounding communities to determine the best time for the community. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM APRIL 17, APRIL 23, AND MAY 16, 2018. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2018-41, AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TEMPE AND THE EAST VALLEY REGIONAL VETERANS COURT PARTICIPATING MUNICIPALITIES FOR THE EVALUATION AND RESOLUTION OF CASES BELONGING TO VETERANS IN THE INTEREST OF JUSTICE. Councilmember Magazine MOVED to approve the Consent Agenda as listed and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6-0). REGULAR AGENDA AGENDA ITEM #3 - CONSIDERATION OF APPOINTING THREE 3 CITIZENS TO THE SISTER CITIES ADVISORY COMMISSION FOR A THREE (3) YEAR TERM BEGINNING JUNE 19, 2018 AND ENDING ON JUNE 18, 2021. Mayor Kavanagh MOVED to appoint Carol Carroll, Vicky Derksen and Bev Tall to serve on the Sister Cities Advisory Commission for a three (3) year term beginning June 19, 2018, and ending on June 18, 2021, and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (6-0). Mayor Kavanagh acknowledged Carol Carroll who was appointed to this commission in June 2016 and served as its chairman during and since its formation. Bev Tall was also appointed in June 2016 and served as vice chairman for the first year. Mayor Kavanagh mentioned that Vicky Derksen was a new member, but had been an active volunteer in the community and one of the leaders in the Town's "Leadership Academy". • Mayor Kavanagh announced there would be a change in the order of the agenda items and items 414 and #15 would be addressed first, giving the public the chance early in the meeting to speak during item #15. AGENDA ITEM #14 - CONSIDERATION OF RESOLUTION 2018-46 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED, SECTION 11-1-7(J), NUISANCE PARTY. Mr. Miller reviewed the information in the staff report (available on-line or in the office of the Town Clerk) that addressed residents' concerns who were disturbed by disruptive party noise typically involving rented out or short- term house rentals that often included a large number of people that created a "quality of life issue for full-time residents with loud music, inappropriate language, heavy drinking and creating parking issues mostly over week- ends." Mr. Miller added that Town Attorney Patel found that the cities of Flagstaff, Tempe and Tucson had addressed these similar situations with an ordinance to regulate these types of nuisances. Mr. Miller outlined the draft Town Ordinance. He said the "Nuisance Party" Ordinance was defined as a gathering of 12 people (correction to the staff report that stated 10 people) and applied to all private properties in Fountain Hill and enforced by the Maricopa County Sherrifi s Office and the Town Code Enforcement Officer. Town Attorney Patel zAcounJI packets\2018\rl809O4\180619m.docx Page 2 of 15 explained the Town could not single out short-term rentals alone under the law and would apply to 12 or more people within the Town -wide boundaries, but would be more forgiving to residents. Mr. Patel added as stated in the ordinance the Maricopa County Sherriff's Office (MCSO)/Code Enforcement had the discretion to provide residents with a warning. Mr. Patel pointed out there were two paths to address a violation involving the person holding the party and also could involve the owner of the property. Mr. Miller added that this ordinance was progressive beginning with a warning; a second violation within 90 -days would involve a fine and then violations that increased in severity. Mayor Kavanagh requested a motion declaring this a public record. Councilmember DePorter MOVED to approve and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (6-01. AGENDA ITEM _#15 -_CONSIDERATION OF ORDINANCE 18-09, AMENDING TOWN CODE CHAPTER 11 OFFENSES BY ADDING SECTION 11-1-7 NUISANCE PARTY AND DECLARING AN EMERGENCY. Mr. Miller explained that normally ordinances had a 30 -day waiting period, but due to the recent swimming season, Council was being asked to approve the ordinance with an emergency clause, which would then take effect immediately and reiterated the proposed ordinance was intended to address the party nuisance homes that caused consistent problems. Mayor Kavanagh asked for Council discussion. Councilmember Magazine asked what the second offense penalty was and Mr. Patel replied $500.00; Councilmember Magazine expressed his concern that people renting from sites like "Airbnb" for a short period of time would ultimately not pay the fines imposed if cited, and Mr. Miller replied both the renter and the property owner could be cited concurrently if the issue was ongoing at a particular property. Mayor Kavanagh asked what would happen after the $1K citation was received and Mr. Patel replied that a civil complaint could be filed. Mayor Kavanagh requested clarification that this ordinance would be complaint driven and Mr. Patel agreed it was. He added there was a provision that if an officer was in the area and witnessed a nuisance, they could cite the people involved. Councilmember DePorter liked the idea of providing the Fountain Hill's citizens protection, but all the violations mentioned were already illegal and wanted to know exactly what the Town's goal was in this proposed ordinance and mentioned he believed stating 12 people involved in a violation property was low. Mr. Patel replied the ordinance involved violations already in place. Mr. Miller agreed with Councilmember DePorter that the Town had a "Noise" Ordinance and other laws in place and the intent was to get the word out that loud parties would not be tolerated in Fountain Hills with a better control and civil penalties outlined. Councilmember Tolis expressed concern with the ordinance that it did not stipulate "private residential properties" and did not want this ordinance to be used against businesses. Councilmember Tolis was aware that Maricopa County required all rental properties to register short term rentals and asked how the Town could assure that rentals were registered and the Town collecting taxes. Mr. Patel replied the ordinance was drafted broadly and impacted residential areas when neighbors called for MCSO or Code Enforcement to visit a particular property and address possible violations. Councilmember Tolis suggested a carve out in the ordinance that addressed businesses such as the Alamo, civic organizations events in Plat 208, and the downtown district where there may be a lot of events attended by more than 12 people. Vice Mayor Brown stated he understood the intention and need for this ordinance, but added how hard it would be for an officer to decide if a party was too loud. Vice Mayor Brown explained this issue was brought to Council as a continuous problem on one Fountain Hills' streets for six months. Vice Mayor Brown gave his support for the z:lcouncil packets1201 Kr1809041180619m.docx Page 3 of 15 DRAFT ordinance, but stressed the need to possibly adjust it in the future to address any issues that may arise. Mr. Miller proposed to return to Council for re-evaluation in December 2018 to address any necessary changes. Mayor Kavanagh remarked this particular property advertised its rental for possible use involving weddings and other venues and asked if this ordinance addressed the use of homes as venues and Mr. Patel replied that it would not and stressed the Town was not targeting "Airbnb", but all short term and long term rentals and believed this ordinance accomplished a balance. Mr. Miller added the Town had the ability to regulate the venue issue currently through its Zoning Ordinance that stated residential properties could not be used for venues and enforcement was needed when venue situations occur. Mr. Miller also believed that some of "Airbnb" renters were in violation of their rental terms and conditions and the Town should contact "Airbnb" and inform them of the violations found through neighbors verified reporting. Mayor Kavanagh wanted to reply to Councilmember Tolis rental tax collection question and noted that these types of properties would collect and provide revenue to the Department of Revenue and Mr. Patel added this was his understanding, but wanted to wait for discussion for another meeting since this issue was not on the agenda. Councilmember Leger mentioned that Council spent several months addressing the "Copperwynd Resort" "Noise Ordinance" issue and that the Town had an ordinance in place. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender stated six had been received with one person, Sheri James, a Fountain Hills resident, who did not wish to speak, but wanted Council to know she was in support of the proposed ordinance. Thorun Henning, a Fountain Hills resident, spoke in support of the ordinance and gave extreme details on her current experience living around a short-term rental parties and requested Council approve the ordinance. Pam Petryl, a 17 -year Fountain Hills resident, spoke in support of the ordinance and pointed out the continuous parties in their area and noted how the traffic, bad behaviors along with fearing for everyone's safety. Lori Radavich, a 39 -year resident, spoke in support of the ordinance and explained the extreme issues felt by all the neighbors while the property in question was advertised as a party venue. John Radavich, a Fountain Hills resident, spoke in support of this ordinance and requested the ordinance information placed on the Town's website. Chris Gilboe, a Fountain Hills resident, spoke in support of the ordinance and stated party house use were businesses that allowed events and parties that affected the quality of life for the neighbors and he believed this property was not a typical "Airbnb". Bob Henning, a Fountain Hills resident, spoke in support of the ordinance and noted that nine neighbors had filed complaints with the "Neighborhood Property Owners' Association" (HPOA) and wanted to thank Council for taking action. Mr. Henning also described some of the events that occurred every week -end and at a particular rental house. Mayor Kavanagh assured the public that cities everywhere were experiencing the same problems where investors were purchasing homes and using them for short term rentals as an investment. Mayor Kavanagh pointed out there was limited enforcement by the Town and knew some homeowners' associations (HOA) had passed extended regulations to stop this type of activity in their communities due to them having total control. Mayor Kavanagh added the proposed ordinance was initiated to help those not covered by an HOA. Mayor Kavanagh thanked Mr. Patel and Town staff for rushing this ordinance through before summer when these types of situations increased. zAcouneil packets\2018\rl80904\180619m.docx Page 4 of 15 DRAFT Mayor Kavanagh asked for further Council discussion. Councilmember DePorter acknowledged the neighbors experience with a problem rental and their six months of disruption and questioned if the number of people involved in a party stated as 12 in the ordinance was necessary since a smaller number of people could be a problem if they were disruptive. Mr. Miller replied that Council could determine the number. Mayor Kavanagh, Councilmember Leger and Councilmember Magazine all agreed with Councilmember DePorter and suggested removing the number of people out of the ordinance and Mr. Patel stated this could be done. Mayor Kavanagh supported approval of the ordinance and to revisit in six months. Councilmember Tolis questioned the ordinance not identifying "residential" and Mr. Miller replied the entertainment district was exempt from the "Noise Ordinance". Councilmember DePorter questioned if an "Airbnb" were located in the Park Place Development located on the Avenue of the Fountain and if they should not be included in the ordinance and Mr. Miller replied hopefully that would not occur, but if it happened the property management could take active control. Mayor Kavanagh asked for further Council questions, discussion or comments and if not requested a motion. Councilmember Leger agreed with Councilmember DePorter the number should be removed. Vice Mayor Brown MOVED to approve the suggested motion on Resolution 2018-46 and adopt Ordinance 18-09 with the exception of deleting the number of people from 12 to one or more and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (6-0). Mayor Kavanagh continued on with the regular agenda items in order. AGENDA ITEM #4 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE PERMIT TO ALLOW VERIZON WIRELESS TO INSTALL A CELLULAR ANTENNA WITH ASSOCIATED ROOF -MOUNTED EQUIPMENT TO BE TWO FEET AND FOUR INCHES ABOVE THE MAXIMUM ALLOWED HEIGHT OF FIFTY-FOUR FEET AT 16845 E. AVENUE OF THE FOUNTAINS. (PARK PLACE) (CASE # SU2018-01) Mayor Kavanagh announced for items #4 and #5 there would be one staff report Mayor Kavanagh opened the Public Hearing at 6:44 p.m. Marissa Moore, Senior Planner, reviewed the information in the staff report on a Special Use Permit request and provided a PowerPoint presentation (available on-line or in the office of the Town Clerk). Ms. Moore explained the application, their requests, location map, Beta Sector, Gamma Sector and a view from the south side of the project as requested by a member of the Planning and Zoning Commission (P&Z) and listed criteria required by staff and those requested by Verizon Wireless. Ms. Moore pointed out that the P&Z Commission recommended approval of Special Use Permit 2018-01 with the stipulation that all three facilities be enclosed on four sides and was supported by the Conunission's unanimous vote. Staff also recommended approval and supported the proposed stipulation added by P&Z, which was also agreed to by Verizon. Mayor Kavanagh asked for any Council questions for Ms. Moore. Councilmember Magazine asked if any other companies had requested the same approval in Fountain Hills in the past and Ms. Moore was not aware of any such requests. Ms. Moore added that she received phone calls from one person who was in favor of the project and seven calls expressed they were opposed of the project, but she had nothing in writing to outline their opposition that involved the building height and the facility looked like a possible safety issue due to the construction structure, along with concerns for possible radio waves and asked if a study had been obtained on this issue. z:lcouncil packets120181rt809041180619m.docx Page 5 of 15 FINE -1 Vice Mayor Brown asked if Verizon would remove the roof -mounted equipment when Wi-Fi became obsolete and Ms. Moore explained that Wi-Fi was used for cable television using repeaters and was not the same as a cellular structure. Mayor Kavanagh asked the Verizon applicant to address Council_ Damn Snodgrass, Verizon Wireless Director of the southwest region and represented Verizon Wireless, gave further information on the project and stated the structure would be camouflaged on all four sides, enclosing all the equipment as requested by staff. Mr. Snodgrass respectfully requested Council's approval for this project. Vice Mayor Brown requested information on the micro cell and poles and Mr, Snodgrass explained the difference between a micro cell and a small cell system. Vice Mayor Brown asked if the cell projects Council approved in the past and located on poles were micro cells and Mr. Snodgrass replied more than likely small cell, because micro cells had more than one antenna and could supply more than one carrier. Vice Mayor Brown asked if Fountain Hills needed a micro cell and Mr. Snodgrass replied that the company would not place a cell facility where no money was made, Mr. Snodgrass also explained that small cell systems were regulated by State Legislation. Councilmember DePorter asked if there was room for other carriers on their equipment and Mr. Snodgrass replied no because the system was not built large enough for more than one and the other carriers would need their separate areas with screening and a 10 -foot separation to avoid interference. Councilmember DePorter mentioned that the height was contentious but connectivity was key. Councilmember Magazine asked if the Park Place Development did not exist, was there another location in Town to place an antenna and Mr. Snodgrass replied Town Hall would have been looked at, but not the best location and stressed this location was optimal. Councilmember Magazine asked if in 10 -years the Town developed the State Trust Land, would the equipment service the additional area and Mr. Snodgrass replied there would probably be a request for another micro cell location or antennas, but who knew in 10 -years. Mayor Kavanagh stated she understood what Mr. Snodgrass was talking about and mentioned the Town was attempting to attract young families requesting service along with the Town's several fairs where vendors attempt to find Wi-Fi use. Mayor Kavanagh pointed out some of the blind spots in Town and was excited that service to the "Fountain Park" area would be found and used by a lot of people. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender stated one had been received. Phillip Blackerby, a Fountain Hills resident and representing the Fountain Hills Design Center located on the Avenue of the Fountains, began by thanking Ms. Bender for all her help on several different matters over the years. Mr. Blackerby mentioned he had been in support of the Park Place Development and described how and when the cell phone service declined inside their store. Mr. Blackerby expressed he was a happy Verizon customer and supported better coverage and service in the near future and encouraged Council to approve this request. Mayor Kavanagh closed the Public Hearing at 7:16 p.m. AGENDA ITEM #5 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW VERIZON WIRELESS TO INSTALL A CELLULAR ANTENNA WITH ASSOCIATED ROOF -MOUNTED EQUIPMENT TO BE TWO FEET AND FOUR INCHES ABOVE THE MAXIMUM ALLOWED HEIGHT OF FIFTY-FOUR FEET AT 16845 E. AVENUE OF THE FOUNTAINS. PARK PLACE CASE # SU2018-01 Mayor Kavanagh asked for further Council discussion and if not requested a motion. Councilmember Magazine MOVED to approve the Special Use Permit to allow Verizon Wireless to install three cellular antennas with associated roof -mounted equipment to be located within 300 feet of a residentially zoned and platted property and one of these antennas, located on the northeast corner of the roof to be 3 -feet, 11 -inches above the z:lcouncil packets120181rl809041180b19m.doex Page 6 of 15 DRAFT maximum allowed height of 54 feet at 16845 E_ Avenue of the Fountains and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6-0). Mayor Kavanagh thanked Mr. Snodgrass. AGENDA ITEM #6 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 18-07 AN AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND ZONING MAP TO CHANGE THE ZONING ON 0.36 ACRES LOCATED AT 11639 N. SAGUARO BOULEVARD AKA APN#176-08-448 FROM C-1 — NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT TO C-3 — GENERAL COMMERCIAL ZONING DISTRICT TO ALLOW THE CONSTRUCTION OF AN AUTO SALES, SERVICE, AND DETAIL BUSINESS. (CASE# Z2018-02) Mayor Kavanagh announced for items #6 and #7 there would be one staff report. Mayor Kavanagh opened the Public Hearing at 7:16 p.m. Marissa Moore, Senior Planner reviewed the information in the staff report on this rezoning request and provided a PowerPoint presentation (available on-line or in the office of the Town Clerk). Ms. Moore stated this was a request to rezone a property located at the corner of Saguaro Boulevard and Desert Vista Drive right-of-way to construct a car sales lot and a 4,300 square foot building space for auto sales, servicing and auto detailing for the inventory on this parcel as well as inventory on their existing business. Ms. Moore stated the applicant's existing business was located at the corner of North Saguaro Boulevard and East Colony Drive. Ms. Moore stated she had wanted to answer a question brought up at the PIanning and Zoning (P&Z) Commission meeting and explained after researching the County Assessor's website found the existing parcel was approximately 18,000 square feet and the subject parcel was approximately 15,500 square feet and found to be slightly smaller than the existing business. Ms. Moore added that the reason for the request was because auto sales service and detailing was not allowed in a C-1 zoning district, but was allowed in a C-3 zoning district. Ms. Moore presented slides of the highlighted property, along with a graphic of the adjacent zoning district uses. She acknowledged the current storage facilities' located in the area along with some residential and condominium units to the north and a wash to the northeast. Mayor Kavanagh asked what the closed filling station was currently used for and Ms. Moore replied auto service. Ms. Moore provided a conceptual site plan, a slide of comparison of zoning specifications graph and noted an error on her part that provided Council in their packets with a different graph and as she had wanted to present the current slide information to point out the differences in the C-1 versus C-3 zoning district. Ms. Moore also presented two conceptual renderings. Mayor Kavanagh asked if the park was located behind the proposed building and Ms. Moore replied it was and an alley was located between the proposed property building and the park. Ms. Moore presented a slide with a list of staff's findings and reasons for their recommendation to deny the request. Ms. Moore stated after a review of the Town's General Plan there was a safety factor discussed and the opinion that safety overrides any business development caused by more intense land use in the proximity to the Town Park that could create safety issues. Mayor Kavanagh wanted to know the safety concerns and would servicing be performed outside the building and Ms. Moore replied it was mentioned at the P&Z Commission meeting that the business planned to access the service area from the back alley creating traffic along with the bay area opened, which also opened up to the park. Ms. Moore commented that the Town Engineer stated that a set -back of at least six -feet from the property line would be required to allow line -of -site for exiting cars, backing out of the building. Mayor Kavanagh asked if rear site plans had been submitted and Ms. Moore replied there were no rear renderings submitted. zacouncil packets120181r] 80904\1 80619m.docx Page 7 of 15 Councilmember Magazine commented he counted many auto related facilities beginning at the mortuary down on Saguaro Boulevard and expressed in his opinion there were too many of the same kind and it would not look good and did not improve Fountain Hills. Councilmember DePorter believed the auto dealers in Fountain Hills were doing well, but also agreed with staff that no renderings were provided to review the possible hazard created with kids attending sports activities at the park and moving around the area. Councilmember DePorter requested more information on safety and traffic in the alley, which also served as parking for the park. Vice Mayor Brown pointed out he understood the concerns, but pointed out if a shopping center were built on this property, there would be traffic 10 to 12 hours per day and with a car dealership maybe 5 to 6 cars a day and would not create a busy corner. Vice Mayor Brown noted the current unkept condition of the area as being unattractive and believed disapproval of this project and the offer to make the corner new and fresh would be a disservice to Fountain Hills, Vice Mayor Brown asked if the business was going to move totally from their existing lot or keep both opened and Ms. Moore replied the understood intent was to keep both opened. Ms. Moore continued her report and pointed out staff's concerns for rezoning properties as outlined in the Strategic Plan included the knowledge of the owner of the property to rezone to down -zone from an intense land use to a residential land use and rezone unplatted land. This land was platted for greater density and affordable family homes. Ms. Moore also mentioned she had researched 30 same size parks located in local municipalities and found only two that permitted commercial businesses adjacent to a park and 28 that only had residential connected to parks, Ms. Moore stated that the P&Z Commission had recommended approval with eight stipulations as listed in the staff report and presented in a slide and staff had recommended denial due to inconsistencies. Mayor Kavanagh requested Ms. Moore present the eight stipulations. Councilmember Tolis questioned the stipulation that dedicated a 10 -foot public utility easement along the front and street side property lines and asked if the easement was included in the concept plan. Councilmember Tolis pointed out the stipulation would not allow as much property use and supported it to be allowed. Ms. Moore replied there was a set -back already in place dedicated on Saguaro Boulevard for parking and access road along with a required sidewalk installed and a requirement in a C-3 zoning district. Mayor Kavanagh asked if the developer agreed to the stipulations during the P&Z meeting and Ms. Moore replied the developer was not present at the meeting except for Dave Montgomery, Project Engineer, who did answer questions but not in an official capacity and did not comment on the easement issue. Ms. Moore pointed out that all commercial parking lots do have a 10 -foot set -back from property line. Vice Mayor Brown asked for the developer to come forward to answer Council questions. Rex Foley, a Fountain Hills resident, asked about the 10 -foot set -back that limited the number of cars available on the lot and expressed the need for more asphalt to accommodate inventory. Councilmember Magazine stated Mr. Foley must not be concerned with competition in the same area and Mr. Foley replied the other dealers and his shop were not the same and did not do what they did. Vice Mayor Brown listed concerns that included building design, alley access, the business near an active park and asked Mr. Foley if he would consider an adjustment of the egress involving the way of entering and existing the building and property and would also include the bay doors not opening onto the alley while driving in and backing out where children play at the park and adjusting the building location. Ms. Moore reiterated the 10 -foot set -back required on the building and parking lot in the C-3 zoning. Bob Rodgers, Director of Development Services, responded there would be a 10 -foot parking lot set -back from curb and the 10 -foot easement would include the sidewalk and landscaped areas. Vice Mayor Brown inquired about conversations during the P&Z Commission meeting regarding this project and Ms. Moore replied there were few questions and nothing more than presented this evening. zAcouncil packets120181r1809041180619m.doex Page 8 of 15 DRAFT Councilmember Tolis stated Council should support businesses and it appeared Mr. Foley was attempting to be a good neighbor and requested Council move this project forward. Councilmember Tolis and Mayor Kavanagh spoke of the possible revenue generated by these types of businesses. Mr. Foley asserted that his business needed approved parking on Desert Vista for customers in the area now posted as "No Parking" and Ms. Moore replied one of the reasons for the restricted parking was due to line -of -sight issues and was posted for safety reasons. Mayor Kavanagh mentioned there was angle parking along the park area and Ms. Moore replied those parking spaces were on park property and not part of the street parking as determined by the Town Engineer. Vice Mayor Brown discussed with Mr. Foley the three lots he purchased leaving a lot open next to Pal's Inn and Mr. Foley replied he was purchasing the end lot for a total of three lots. Mr. Foley also pointed out that his business closed at 6:00 p.m. for those attending park sports events at night. Mayor Kavanagh asked for further Council questions and none were initiated. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender replied none had been received. Councilmember Tolis commented on previous action 14 -years ago where there was talk of re -designing the turn -in in front of the Saguaro Boulevard businesses and questioned if that could be researched again to help accommodate the parking and access for this business and Ms. Moore replied this idea had been discussed with the Town Engineer, Randy Harrel, and due to safety issues staff determined not to pursue. Councilmember Tolis asked what would be the process and since Mr. Harrel was not available, Justin Weldy, Public Works Director explained that all property owners' adjacent to the service road on Saguaro Boulevard must agree to take over, maintain and pay for the improvements fronting their property and 14 -years ago and since, there was not a consensus during discussions from the property owners' to abandon the entire area that would also provide additional parking in and out on Saguaro Boulevard. Mayor Kavanagh asked if the Town owned the road and Mr. Weldy replied "yes", but the property owners' would be responsible to pay for improvements and then would acquire a piece of property. Mayor Kavanagh asked if the Town could keep the property and use it as parking and Mr. Miller replied he understood it would be similar to an "Improvement District" set-up with the Town abandoning the roadway in that area and noted the Town could not gift the property and it would be necessary for the property owners' to agree to maintain their portion of the property and he believed during discussion with Bob Rodgers, Director of Development Services, it would be hard to get the property owners' approval and stressed this was an all or nothing project and Mayor Kavanagh agreed. Mr. Patel commented if the Town chose to abandon the property and by State Statute if some of the property owners' did not join in, there would not be continuity, but added staff could research how access and parking could be provided and attempt to work out any issues. Mayor Kavanagh requested the Town Engineer review the options and Mr. Miller added staff would then come back to Council with their findings. Councilmember Tolis requested Council move forward with a vote on the request and Mr. Foley added his business brought a lot of people to Fountain Hills from outside the Town. Mayor Kavanagh closed the Public Hearing at 7:55 p.m. AGENDA ITEM ##7 - CONSIDERATION OF ORDINANCE 18-07 AN AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND ZONING MAP TO CHANGE THE ZONING ON 0.36 ACRES LOCATED AT 11639 N. SAGUARO BOULEVARD AKA APN4176-08-448 FROM C-1 — NEIGHBORHOOD COMMERCIAL AND PROFESSIONAL ZONING DISTRICT TO C-3 — GENERAL z:lcouncil packets120181r1809041180619in.docx Page 9 of 15 M ::L COMMERCIAL ZONING DISTRICT TO ALLOW THE CONSTRUCTION OF AN AUTO SALES, SERVICE BUSINESS. (CASE# Z2018-02) Mayor Kavanagh asked for further questions or comments from Council and if not, requested a motion. Vice Mayor Brown MOVED to approve Ordinance 18-07 amending the Town of Fountain Hills Official Zoning District map for approximately 0.36 acres located at the northwest corner of N. Saguaro Boulevard and Desert Vista right-of-way from C -1 -Neighborhood Commercial and Professional to C -3 -General Commercial (Case #Z2018-02), subject to the stipulations with a change in stipulation #6 from trees to desert landscaping and Councilmember Tolis SECONDED the motion. Mayor Kavanagh requested a roll call vote. Councilmember Leger Nay Vice Mayor Brown Aye Councilmember DePorter Aye Councilmember Tolls Aye Councilmember Magazine Nay Mayor Kavanagh Aye The motion CARRIED (4-2) AGENDA ITEM #8 - CONSIDERATION OF COOPERATIVE PURCHASING AGREEMENT C2019-004 BETWEEN THE TOWN OF FOUNTAIN HILLS AND SUNLINE CONTRACTING LLC FOR PAVEMENT MARKING INSTALLATION OR REMOVAL IN THE AMOUNT OF $50,000.00, WITH FIVE OPTIONAL RENEWALS FOR AN AGGREGATE AMOUNT NOT TO EXCEED $300,000.00. Justin Weldy, Public Works Director reviewed the information in the staff report and pointed out the previous improvements on Palisades Boulevard and other roads that had new pavement markings. Vice Mayor Brown questioned Mr. Weldy's statement that in the last three years the Town had spent $45K and now staff was asking for $50K for one-year. Mr. Weldy replied the $50K for one-year was a good base number and if needed allowed for funding. Vice Mayor Brown stated he would like to refine the number from $50K per year to possibly $20K and have the ability to use the balance for something else. Mr. Miller clarified that a contract amount may not be completely spent and added that Council could request a lower amount. Vice Mayor Brown pointed out residents wanted to know where their money was being allocated and for what reason since the Town had a funding problem and he believe the additional money requested could be used somewhere else such as additional staffing. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none had been received. Vice Mayor Brown proposed to change the contract amount from $50K annually to $20K annually and leaving the five year option for renewal in place and reallocating the balance of the funding at the Town Manager's discretion and Councilmember Magazine SECONDED with a change in the motion wording that staff would bring the remaining fund allocation back to Council for their allocation approval and Vice Mayor Brown agreed. Mayor Kavanagh asked for further Council discussion and none was initiated. Mayor Kavanagh asked for a vote, which CARRIED UNANIMOUSLY (6-0). AGENDA ITEM #9 - CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT C2018-095 BETWEEN POWER TECH CONTRACTING LLC, AND THE TOWN OF FOUNTAIN HILLS, IN THE AMOUNT OF $45100.00 WITH $35100.00 FOR ANNUAL TRAFFIC SIGNAL MAINTENANCE AND z:lcounci1 packets120181r1809041180619m.docx Page 10 of 15 FIMMM $10,000.00 FOR EMERGENCY CALL -OUT SERVICES, WITH FIVE OPTIONALRENEWALS, FOR AN AGGREGATE AMOUNT NOT TO EXCEED $225,500.00. Director Weldy presented the information in the staff report for traffic signal maintenance, on call emergency and call out services and noted Power Tech Contracting had worked with Town staff for the last three years. Mayor Kavanagh asked if the Council had questions for Mr. Weldy and none were asked. Mr. Miller commented that the previous Town position in the Street Department had been eliminated and replaced with a Street Technician and there was a need for this type of position. Mr. Miller stated it was determined to be a savings and a benefit to allow a firm to be available when needed. Mayor Kavanagh requested an explanation on the timing of the lights for walkers as they wait for extended amount of time before the signal changes and had caused numerous complaints. Mr. Weldy explained the workings and State law related to traffic signals. Mr. Miller assured that staff would return to Council at a later date and discuss this issue and Mayor Kavanagh agreed. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none had been received. Vice Mayor Brown MOVED to approve the Professional Services Agreement 02018-095 with Power Tech Contracting, LLC for traffic signal emergency on-call services and call -out services and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (6-0). AGENDA ITEM #10 - CONSIDERATION OF THE SECOND AMENDMENT TO COOPERATIVE PURCHASE AGREEMENT C2017-043 BETWEEN THE TOWN OF FOUNTAIN HILLS AND INTERWEST SUPPLY LLC, TO PROVIDE SIGNS AND HARDWARE, IN THE AMOUNT OF $202000.00. Director Weldy presented the information in the staff report and stated this contract was a continuation of a contract between the Town and Interwest Safety Supply, LLC for Town signage and sign hardware through the fiscal year 2018-19. Mayor Kavanagh asked if this contract included new signs or just replacements and Mr. Weldy replied "all signs". Councilmember Tolis asked if this included faded signs from the sun as was replaced on Sunridge Drive and another on Shea Boulevard. Mr. Weldy replied those were illuminated street name signs and remarked that another contract had been approved previously to replace those type signs. Mr. Weldy announced the company contracted to replace worn out or failing street name signs at 10 of the Town's 13 intersections would replace those signs over the next 10 - nights, except for weekends. Mayor Kavanagh requested further discussion from Council and if not requested a motion. Councilmember DePorter MOVED to approve the second amendment to contract C2017-043.2 between the Town and Interwest Safety Supply, LLC, for signs and sign hardware in the amount of $20,000 and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6-0). AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 2018-30 APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY ANIMAL CARE AND CONTROL CONTRACT C2019-011 RELATING TO BASIC ANIMAL CARE AND CONTROL SERVICES FOR JULY 1, 2018 THROUGH JUNE 30, 2019, IN THE _ AMOUNT $19,698.00 FOR THE FIRST YEAR, AND SUBSEQUENTLY WITH TWO 3 -YEAR RENEWAL OPTIONS. z:leouncil packets12oi81r18D9o41180619m.docx Page 11 of 15 DRAFT Mr. Miller presented the information in the staff report and noted the Town had a long relationship with Maricopa County Animal Care and Control who provided needed services for the Town and recognized the Town's local ordinances. Mr. Miller added this service was a good value and recommended Council approval the resolution. Mayor Kavanagh asked if there was a limited number of calls allowed to Maricopa County and Mr. Miller replied it did not appear to be a problem and mentioned the contract was currently managed by the Community Services Department. Mayor Kavanagh requested Council questions or comments. Councilmember Tolis asked if the Maricopa County sheltered animals for Fountain Hills and mentioned the part Pal's Inn played with sheltering stray animals that caused them to have financial problems and Craig Rudolphy, Finance Director explained Maricopa County only sheltered animals they picked -up. Mr. Miller added stray dogs that residents found in Town and took to Pal's Inn who sheltered them and attempted to find their owners or a forever home by providing housing, medical and feeding of those animals. Mr. Rudolphy stated since the Town transferred back the animal licensing to Maricopa County, those fees would now pay for sheltering of stray animals and eliminated the need for a separate intergovernmental agreement (IGA). Mayor Kavanagh asked for further questions from Council. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none have been received. Mayor Kavanagh requested a motion. Vice Mayor Brown MOVED to approve Resolution 2018-30 and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (6-0) AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 2018-28, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS SUBJECT TO AD VALOREM TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS $100.00 OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REOUIRED IN THE ANNUAL BUDGET SPECIFICALLY FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR BEGINNING JULY 132018, AND ENDING JUNE 30, 2019. Mr. Miller presented information in the staff report for the adoption of the Town's annual tax levy for debt service. Mayor Kavanagh asked for further questions from Council. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none have been received. Mayor Kavanagh requested a motion. Councilmember DePorter left the dais at 8:18 p.m. Councilmember Leger MOVED to approve Resolution 2018-28 and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (5-0), by those present. AGENDA ITEM #13 - CONSIDERATION OF ORDINANCE 18-08 AMENDING TOWN CODE CHAPTER 9, PARKS AND RECREATION, BY ADDING ARTICLE 9-6, RESTRICTIONS ON SMOKING IN PUBLIC PARKS, PRESERVES, AND TRAILS, AND DECLARING AN EMERGENCY. Councilmember DePorter returned to the dais at 8:19 p.m. z:leounci1 packets,20184180904\180619m.docx Page 12 of 15 DRAFT Mr. Miller presented information in the staff report requesting approval to ban smoking in all Fountain Hill's park areas, open space and trail systems. Mr. Miller reported that Fountain Hills followed a long list of other cities, towns and Maricopa County Parks that had already placed a ban on smoking in these areas. Mr. Miller stated this was initiated to address resident complaints and included the possible danger to animals consuming the butts. Staff recommended approval and would include the ability of the Community Services Director to designate areas for smokers possibly in the parking lot areas. Mayor Kavanagh added concern for the dry conditions and the fire danger as the reason this was declared an emergency. Councilmember Magazine supported the band, but questioned how the ordinance would be enforced and Mr. Miller replied by public education and noted this was the same as the ordinance that required all dogs be kept on leases. Mr. Miller acknowledged enforcement would be addressed with staff training to politely asked people to refrain from smoking in those areas. Mr. Miller added that he believed the State would eventually address this issue and prohibit. Mayor Kavanagh pointed out this was compared to drinking in the parks, which was addressed with signs and staff training and believed most people would respect this ordinance. Mayor Kavanagh asked for further questions from Council. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated none have been received. Mayor Kavanagh requested a motion. Vice Mayor Brown MOVED to approve Ordinance 18-08 and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (6-0). AGENDA ITEM #14 - CONSIDERATION OF RESOLUTION 2018-46 DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED, SECTION 11-1-7(.n, NUISANCE PARTY. *A endo Item #I4 was addressed early in the rneetin . AGENDA ITEM #15 - CONSIDERATION OF ORDINANCE 18-09 AMENDING TOWN CODE CHAPTER 11, OFFENSES, BY ADDING SECTION 11-1-70),_ NUISANCE PARTY, AND DECLARING AN EMERGENCY. *Agenda Item #15 was addressed early in the meeting. AGENDA ITEM #16 - 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: L) Announcement of the Town Council Subcommittee that will review responses received in response to the Town's legal services Request for Proposals. Mr. Miller reviewed there was an announcement of a Mayor's appointed subcommittee of Council volunteers together with a staff to review the proposals received that would move forward to the Council so they can choose legal services firms to interview and that a Special Session would be held in September 2018 to determine firms to be interviewed for the Town's legal service provider. Mayor Kavanagh added the first subcommittee meeting would zacounciI packets�20181rI809041190619m.docx Page 13 of 15 DRAFT be held in July 2018 and that she had volunteered and appointed Vice Mayor Brown and Councilmember Tolis who would be the only Councilmembers who were not up for re- election and would be the primaries who would make a recommendation to the Council since they would be working with the new firm. Mayor Kavanagh indicated she would also serve on the subcommittee. ii.) Report by the Town Manager on the status of the proposed EPCOR rate increase. Mr. Miller reported the Town had sent a letter to the Arizona Corporation Commission with the help from the Town Attorney expressing concerns for the proposed rate increase as part of their consolidation of service areas. Mr. Miller noted that Mr. Patel attended the recent meeting and would give an update. Mr. Patel stated the Town's letter was submitted within the time frame allowed by the court and added due to the "ACC" and "Residential Consumer's Office" (RUCO) who both were involved with another long term case, admitted they were not fully prepared for the hearing on May 14, 2018. The Administrative Judge postponed the hearing until the last two weeks in July 2018 and currently documents were being review and testimony filed with "RUCO". Mr. Patel mentioned that "RUCO" had submitted a lengthy position opposing the rate calculations and added their own suggested calculations. Mr. Patel noted the Judge anticipated a two week or longer hearing on this matter. Mr. Miller added due to Council's summer break, staff would provide an update in September and if necessary hold a Council Executive Session to allow staff direction, iii.) Report by the Town Manager on the process to fill the Council vacancy. Mr. Miller reported there had been community interest in filling Cecil Yates vacated position on Council with Council wanting to appoint in September 2018. Mr. Miller reported he was going forward with the process and accepting letters of interest from qualified individuals by September 1, 2018 along with a Council review of the applications and would involve a public process with the Council making the final determination. Councilmember Magazine and Mr. Miller both acknowledged the same rules applied as running for Council. AGENDA ITEM #17- SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. Mayor Kavanagh thanked Councilmembers, Mr. Patel and staff for all their hard work this past year and that she was proud of their accomplishments. Mayor Kavanagh announced that Council would be on summer break and would reconvene in September 2018. Councilmember Magazine requested staff review how they presented information to Council and believed Council received more information than was necessary and Mr. Miller replied that staff would do everything possible to reduce the documentation and paper work. AGENDA ITEM #18 — ADJOURNMENT Mayor Kavanagh asked for a motion to adjourn. z:lcouncil packets120181r180904\180619m.docx Page 14 of 15 F:: 1 Councilmember DePorter made a MOTION to adjourn the meeting and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present. The meeting adjourned at 8:33 p.m - an ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk CERTIFICATION TOWN OF FOUNTAIN HILLS Linda M. Kavanagh, Mayor I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 19t1i day of June, 2018. I further certify that the meeting was duly called and that a quorum was present. DATED this 4 day of September, 2018. Elizabeth A. Burke, Town Clerk zacouncil packets\2018u1809041180619rn.docx Page 15 of 15 DRAFT TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 26, 2018 * CALL TO ORDER AND ROLL CALL Mayor Kavanagh called the meeting to order at 5:30 p.m. in the Fountain Hills Town Council Chambers Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Henry Leger (via conference call), Councilmember Art Tolis (via conference call), Councilmember Alan Magazine, Councilmember Nick DePorter (via conference call). Town Manager Grady E. Miller, Interim Town Attorney Mitesh Patel and Town Clerk Bevelyn Bender were also present. Councilmember Cecil Yates vacated his position recently to run for Mayor of the Town of Fountain Hills. AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM MAY 21, AND JUNE 5, 2018. Mayor Kavanagh requested a motion. Vice Mayor Brown MOVED to approve the Town Council meeting minutes from May 1, May 21, and June 5, 2015 and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), Mayor Kavanagh announced agenda items #2 and #3 would have one staff report. AGENDA #2 - PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION 2018-31 GRANTING A ONE YEAR EXTENSION TO THE HEMINGWAY PLANNED AREA DEVELOPMENT ZONING DESIGNATION APPROVED BY ORDINANCE 15-05 AND SPECIAL USE PERMIT SU2015-06 TO ALLOW AN ASSISTED LIVING FACILITY ON 5.75 ACRES LOCATED AT 9700 N. SAGUARO BOULEVARD AKA APN# 176-10-811. (CASE SU2015-06) Mayor Kavanagh opened the Public Hearing at 5:30 p.m. Mr. Miller gave opening remarks and introduced Senior Planner Marissa Moore who reviewed the applicant's request and included a PowerPoint presentation (available on-line or in the office of the Town Clerk). Ms. Moore explained this was a one-year extension request for the Hemingway Planned Area Development (PAD) and reviewed information in a letter received from applicant Dan Kauffman who asked that the Council approve a one-year extension, or continue this item to the September 20, 2018, Council meeting. Ms. Moore reviewed a slide that showed the basic landscaping site plan and presented information on the project's ten one-story buildings with a 100,100 square feet footprint, 90 parking spaces, 112 assisted living units, 22 independent living units along with a maximum height of 23'6" height of its buildings. Ms. Moore displayed building elevations, architectural styles, and materials for the proposed buildings and if the extension were approved, construction would begin by May 21, 2019. Ms. Moore discussed the project's ownership, which was identified as Dan Kauffman. Mayor Kavanagh stated all Councilmembers had received the recent ownership information in their Council packet. Ms. Moore continued that Dan Kauffman, the project's owner and applicant, had requested the extension through Pinnacle View Development and under Mr. Kauffman's name and the special use permit (SUP) extension and zoning variances were Zoning Ordinance applicable because this project had a PAD it superseded their specific requirements for construction within a six month period for a SUP and any variances approved in the PAD would remain with the z:lcounciI packets12018A80904Isp1180626m.docx Page I of DRAFT PAD for the time of the PAD with any conformity with the General Plan. Ms. Moore explained these requirements were under the policy decided by Town Council during their approval of the 2015 Hemingway PAD. Ms. Moore stated staff would not make a specific recommendation and requested Council provide direction to staff since a prior Hemingway PAD had previously been approved and the Council at their last meeting had denied the PAD with a different senior living facility proposed. Mayor Kavanagh clarified this statement that if the extension was approved the only project allowed to be built on this site would be the Hemingway that was approved by Council previously in 2015 and any change made to the project would be required to go through the public hearing process and would include variances to the document. Mayor Kavanagh requested Council questions. Vice Mayor Brown asked it the project presented during the current Council meeting was exactly what was approved in 2015 and Ms. Moore replied that nothing had changed. Mayor Kavanagh requested the applicant address the Council. Dan Kauffman, a 25 -year resident of Fountain Hills, owner and applicant of the Hemingway project reiterated that no changes had been made to the project plan since approved previously by Planning and Zoning and Town Council. Mr. Kauffman stated he was surprised to find a group of people who were against the Hemingway project when previous comments he received were positive and questioned the turn of events. Mr. Kauffman pointed out the parking proposed was three times more than the Town required and the project received the Fire Department's approval prior to the previous approval. Mr. Kauffinan pointed out that the General Plan was 10 -years old and markets change. Mr. Kauffman stated he was aware of the possible return to C-1 Zoning District (commercial) if his current request was not approved. Mr. Kauffman stated the Town needed smart and positive growth. He thanked the Council for their support. Mayor Kavanagh requested questions for the appIicant. Councilmember Leger thanked Mr. Kauffman for his attendance at this meeting and asked why he waited until now to move the project forward. Mr. Kauffman replied he received another offer for the property, that the property was held in escrow for 1-1/2 years and the project had been ultimately turned down by the Council recently. Mr. Kauffman also said he was involved with many other building projects and some out of state, but stressed now would like to move forward and was only asking for an extension. Councilmember Leger asked if he would be involved with the Hemingway project going forward and Mr. Kauffman replied he would personally be involved and mentioned again he did live in Fountain Hills. Councilmember Leger thanked Mr. Kauffman. Mayor Kavanagh requested additional questions for Mr. Kauffman and none were initiated. Mayor Kavanagh asked for speaker cards and Town Clerk Bender stated the following: *The citizens listed below did not wish to speak: * Wendy Muller and Jean Caskey, Fountain Hill's residents, both indicated they were against the project. *The following speakers wished to speak in opposition of the project. Peter Gray, Joanne Meehan, Larry Myers, Alinka Zyrmont, Ted Bell, Brian Zub and Jane Bell, all Fountain Hills residents. Reasons for the o osition: Residents were better informed than in 2015. Zoning regulations that involved too many waivers and variances approved. • Not aligned with the Town's General Plan or Strategic Plan and spoke to the permitted uses and lack of conformance with the General Plan. zacounciI packets120181rl80904`sp1180626m.docx Page 2 of 5 DRAFT • Believed Councilmembers received propagation information with a continual stream of misdirection by profit seeking applicants at the expense of the Town and citizens. Requested the property revert back to C -I zoning and pointed to the 300 signatures who were opposed to the Hemingway project. • Special Use Permit was not open to an extension as in code and the applicant needed to submit a new application. • Concerns for parking spaces needed and their locations. • Fear that the facility would become an apartment complex with overflow parking on local streets. • Opinions that the project was a mistake for the gateway into Fountain Hills and questioned the Town's future. • Hidden building heights. The following speaker soke in support of the proiect. Tim Dulany, a Scottsdale resident and developer who specialized in senior living developments, explained his part in the delay in building this project and that he had introduced another developer to Mr. Kauffman. Mr. Dulany explained the other project requested by the other developer did not occur and kept the property in escrow for 1 -112 -year. Mr. Dulany explained it was very common to build "cluster housing" and expressed Mr. Kauffman wanted to continue with his previous project. Councilmember Magazine brought up that Mr. Dulany mentioned that this facility was also built in other areas, he wanted to know the size of the other properties and Mr. Dulany replied 4 to 10 acres of land. Mayor Kavanagh requested further questions for staff. Vice Mayor Brown questioned the deed transfer and if the property was held under the same ownership and Town Attorney Patel replied that it was not a sell of property, but an organizational shift only with the $10.00 transfer being standard language. Vice Mayor Brown questioned the necessity for the SUP and staff s position was the three-year term of the PAD extended the length of the SUP as well along with Council's policy determination for the three-year term of the PAD and the possibility of four -one-year extensions. Mr. Patel replied the 2015 document stated that the use for the project was going to be the use and provided in the SUP, but the SUP language cited earlier and found in the Zoning Ordinance was the terms of the PAD that superseded the Zoning Ordinance and the reason for the PAD with the project potentially going on for seven total years. Mayor Kavanagh closed the Public Hearing at 6:11 p.m. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2018-31, GRANTING A ONE YEAR EXTENSION TO THE HEMINGWAY PLANNED AREA DEVELOPMENT ZONING DESIGNATION APPROVED BY ORDINANCE 15-05 AND SPECIAL USE PERMIT SU2015-06 TO ALLOW AN ASSISTED LIVING FACILITY ON 5.75 ACRES LOCATED AT 9700 N. SAGUARO BOULEVARD AKA APN# 176-10- 811. CASE SU2015-06 Mayor Kavanagh requested further Council discussion and if not requested a motion. Mayor Kavanagh acknowledged the conference call members, who initiated no additional discussion. Vice Mayor Brown asked if approval of an extension would be breaking any laws and Mr. Patel replied no. Vice Mayor Brown expressed that the project was exactly as presented in 2015 and at that time only one-person opposed the project and cited the economy played a huge part in what needed to be done. Vice Mayor Brown referred z:lcouncil packets120181r1809041spi 180626rn.docx Page 3 of 5 DRAFT to a time 12 -years ago when a shopping center was proposed for this location but did not materialize due to the economy and addressed the failure of the primary property tax by the voters recently and stressed the Town needed revenue some way. Vice Mayor Brown perceived that residents appeared to not want a tax or development and felt it would be an injustice to the Town and the Hemingway project to not approve the extension for this project. Vice Mayor Brown acknowledged that he heard all the concerned residents and pointed out this project looked more residential instead of one large building. Vice Mayor Brown stated his support for this request. Councilmember Magazine questioned the statement that residents did not want development and remarked maybe the project proposed may be in the wrong location. Councilmember Magazine agreed that the Council unanimously approved the previous Hemingway project in 2015, but felt that too many variances had been approved overlooking the original zoning intent and stated he questioned his previous approval for this project. Councilmember Magazine stated he opposed the one-year extension due to zoning and the almost unanimous citizen opposition. Councilmember Magazine MOVED to revert the zoning back to C-1 effective immediately and Councilmember Leger SECONDED the motion. Mayor Kavanagh requested a roll call vote. Councilmember Magazine Aye Councilmember Tolis Nay Councilmember Leger Aye Vice Mayor Brown Nay Councilmember DePorter Nay Mayor Kavanagh Nay The motion was DENIED 4-2. Mayor Kavanagh requested a motion. Vice Mayor Brown MOVED to approve Resolution 2018-31 granting a one-year extension to the Hemingway Planned Area Development zoning designation approved by Ordinance 2015-05 and Special Use Permit SU2015-06 to allow the assistant living facility on 5.75 acres located at 9700 North Saguaro Boulevard aka APN#176-10-811 and Councilmember Tolis SECONDED the motion. Mayor Kavanagh requested a roll call vote Councilmember Tolis Aye Vice Mayor Brown Aye Councilmernber Magazine Nay Councilmember Leger Nay Councilmember DePorter Aye Mayor Kavanagh Aye The motion was APPROVED 4-2. AGENDA ITEM #4 — ADJOURNMENT Mayor Kavanagh asked for a motion to adjourn. z:lcouncil packets120181rl909041sp1 180626m.docx Page 4 of 5 DRAFT Councilmember Magazine MOVED to adjourn the meeting at 6:19 p.m. and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6-0). LM ATTEST AND PREPARED BY: Elizabeth A. Burke, Town Clerk TOWN OF FOUNTAIN HILLS Linda M. Kavanagh, Mayor CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 26`x` day of June, 201 S. I further certify that the meeting was duly called and that a quorum was present. DATED this 0 day of September, 201 S. Elizabeth A. Burke, Town Clerk z:lcoutncii packets1201 S1r180904\,;pl I80626m.docx Page 5 of 5 ~;ASN TOWN OF FOUNTAIN HILLS Z TOWN COUNCIL AGENDA ACTION FORM q Meeting Date: 9/412018 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170, cpovar@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Theater (Walter Morlock) for a fundraiser to be held at the Fountain Hills Theater located at 11445 North Saguaro Boulevard, from 3:00 PM to 12:00 AM on Friday, October 12, 2018. Applicant: Walter Morlock Applicant Contact Information: 480-837-9661 x6 Owner: Walter Morlock (Fountain Hills Theater) Owner Contact Information: 480-837-9661 x6 Property Location: 11445 North Saguaro Boulevard, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Walter Morlock representing the Fountain Hills Theater, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA Staff Recommendation(s): Approve List Attachment(s): Applications SUGGESTED MOTION (forcounciil use): Move to approve the Special Event Liquor License as presented. Pagel of 2 Prepared-by: prey Pavar,Recreation Manager 7/3012017 Director's App[ Rachael Goodwin, C0 unity Services Director 713012017 Ap d: V , Grady E. Miller, To a ger 713012017 Page 2 of 2 Arizona Department of Liquor Licenses and Control 800 W Washington Sth Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION Name of Organization: FOUNTAIN HILLS COMMUNITY THEATER INC Name of Licensed Contractor only (if any): SECTION 2 Non-Profit/IRS Tax Exempt Number: SECTION 3 Event Location: 74-2519451 FOUNTAIN HILLS THEATER E=vent Address: 11445 N SAGUARO BLVD, FOUNTAIN HILLS, AZ 85268 SECTION 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1, Applicant: MORLOCK, WALTER O. —0000 -- Last FIM Middle Date or Birth 2. Applicant's mailing address: _CANYON WAY, CHANDLER, AZ 85249 City State Zip 3. Applicant's home/cell phone: Applicant's business phone: (480) 837-9661 X6 4. Applicants email address: WALTERO?a FHTAZ.ORG 1, (Print Full Name) WALTER O. MORLOCK declare that I am the APPLICANT filing this application as listedbo . I have read the application and the contents and all statements are true, correct and complete. X. I I Signature Tdte/ Position Date The foregoing instrument was acknowledged before me this Day MorAh w�\ �`��e ......,4 State HiQ.%Z. & _County of ,M� >A ����� O�pFlY PUe�. ti� i My Commission Expires on: — 111_____-,_r_,r_� 2r�2t Date natu of Notary Public f p S." ` OOUM rrrrrtln;r 9/12/2017 Page I of 5 Individuals requiring ADA accommodations call (602)542-2999 T I1_0N Regarding the Applicant's application for a special event permit, I hereby certify that the Organization meets the criteria in A.R.S. § 4-203A2(E) for the issuance of the permit as indicated by checking one of the boxes below. (1) ❑ The Applicant is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Applicant supports, the office that the candidate seeks, and the month and year that the applicant would first fill the office if successful. Candidate: Name Office Month/Year (2) 0 The Applicant is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation as a nonprofit entity under Section 501 (C) of the internal revenue code of the Unified States. If the Applicant is applying under option (2) as a nonprofit entity, please also INITIAL in the space provided next to all following statements to indicate that, to the best of the applicant's knowledge, they are true and correct. v _ 1 The Applicant has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501(C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments] with this application). The Applicant is not aware of any action by the IRS to revoke, suspend, or otherwise eliminate the Applicant's eligibility under 501(C), or if there is a pending application, the Applicant has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, guidelines, and forms that it is eligible under 501(C). The Applicant understands that if there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under Sal (C), whether before or after receiving an IRS determination letter, that it has an affirmative duty to notify the Department of Liquor, which may then take appropriate action with regard to the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organization. I, (Print Fun Name) WA LT E R O M O R L O C K declare that I am an Officer, Director, or Chairperson of the organ' ation filing this application as listed above. I have read the application and the contents and all statements are true, corn t d complete. X Signature TINe/ Poshion Date one um The foregoing instrument was acknowledged before me this , ALN lot e Day Month �f,��1C rFfjsI State AItmatt31% County of lul+�jiiCIJ IN y 0 q :� My Commission Expires on: %I III 1130AL of Notary Public= -i _'- SECTIt�U r� Will this event be held on a currently licensed premise and within the already approved pFFW (if yes, Local Governing Body Signature not required) Name of Business License Number 9/12/2017 Page 2 of 5 Individuals requiring ADA accommodations call (602)542-2999 Phone (Include Area Code) SECTIQN 7 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ❑Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (IF USING RETAIL LICENSE. PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 8 What is the purpose offhis event? 00n-5ite consumption ❑Off-site [auction/wine/distilled spir':ts pull) ❑Both SECTION 9 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ED(es ✓ hO (If yes, aftoch explanofion.) 2. How many special event days have been issued to this organization during the calendar year? (The number cannot exceed 10 days per year.) 3. Is the organization using the services of a promoter or other person to manage the sale or service of alcohol? Ekes Flo (if yes, must be a licensed contractor or licensee of series 6, 7, 11, or 12) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name FOUNTAIN HILLS COMMUNITY THEATER INC Percentage: 100% Address 11445 N SAGUARO BLVD, FOUNTAIN HILLS, AZ 85268 Name Percentage: Address Street city State Tip Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. 5. Whai type of security and control measures will you take to prevent violations of liquor laws at this event? (list type and number of police/security personnel and type of fencing or control barriers, it applicable.) Explanation: umber of Police Number of Security Personnel [Jencing�]� Barriers SIGNAGE AND BARRIERS WILL BE USED TO CONTROL THE LIQUOR SERVICE AREA. A CERTIFIED BARTENDER WILL CHECK ALL IDs. THERE WILL BE ONE ENTRANCEIEXIT To THE CONTROLLED AREA IT WILL BE MONITORED BY A SECURITY TEAM MEMBER 9/12/2017 Page 3 of 5 Individuals requiring ADA accommodations call (602)542-2999 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. PLEASE FILL OUT SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week DAY 1: OCT 12, 2018 FRIDAY DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Event Start Time AM/PM 3PM License End Time AM/PM 12AM S.EQji0N 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. 9/12/2017 Page 4 of 5 IrclVdials requiring ADA accommodations call (602(542-2999 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. SECTION 12 local Governina Body Approval Section. Date Received: 1, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) {Tithe) On behalf of (City, Town, County) Signature Date Phone ❑APPROVAL ❑DISAPPROVAL BY: DATE: /. A.R.S. § 41-1030. Invalidity of rules not made according to this chapter: prohibited agency action: prohibited acts by state employees; enforcement-, notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition_ D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. IF THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 9/12/2017 Page 5 of 5 Individuals requiring ADA occommodations call (602}542-2999 -� - a ' �`� _ -� E j� s �+f -. �` - y.?k.. t- _ w _ 1 + ` -_.� 3 �� _ � � �=-�� - tom"` ��` _ E� ! _ _ � �a � �= - S �..- _ r4 � r 'r �_ �� -.r -- �. 5s�,.y � - . � _ - a ' � ~ � � � - -_ ..rte _ � �,rw -��-- �y� ��� '+.i _ - r-• � j, `� � F .� -� � ��. �s- � s 1�* � � - �.� � �� � i�, - � _ _r. _ ,� � � -Y �,�s ia, f _ 1 _ .� _ � �: � � � � _ , �� �% ���, - � - .r d ' i� - i 11,,��I l j �� �J -' `�- --- # tt � � � v - � Y_I air _n Ni;1�: 71�.e�ia, �s;_ -, R_ y�' �' , �� - �- . r n �d - - - "� .� T I ,� -� E � ���' It - �� S ��Y { �j�.Y -g�r L � -'� TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 7/30/2018 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Special Event Liquor Application Recreation Manager Attached is a Special Event Liquor Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Fountain Hills Theater Applicant: Walter Morlock Date(s) of Event: October 12, 2018, Fountain Hills Theater Date Application Received: 7/23/18 Town Council Agenda Date: 9/4/2018 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar X Development Services Marissa Moore Fire Department Jason Payne Law Enforcement Robert Palumbo Licensing Sonia Kukkola X Street Department Justin Weldy X Attach report for denial or any recommendation requiring stipulations. Meeting Date: 914/2018 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Corey Eovar, Recreation Manager, 480-816-5170, cpovar@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Theater (Walter Morlock) for a fundraiser to be held at the Fountain Hills Theater located at 11445 North Saguaro Boulevard, from 3:00 PM to 12:00 AM on Thursday November 1, 2018. Applicant: Walter Morlock Applicant Contact Information: 480-837-9661 x6 Owner: Walter Morlock (Fountain Hills Theater) Owner Contact Information: 480-837-9661 x6 Property Location: 11445 North Saguaro Boulevard, Fountain Hills, AZ 85268 Related Ordinance, Policy or Guiding Principle: R.S. §4.203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Walter Morlock representing the Fountain Hills Theater, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA Staff Recommendation(s): Approve List Attachment(s): Applications SUGGESTED MOTION {for council use): Move to approve the Special Event Liquor License as presented. Page t of 2 Prepared by: Carey ovar,'Recreation Manager 7 30/2017 Director's Approval: Rachael Goodwin, C rtim ' Serv'ces Director 7/30/2017 Z oved: Grady .Miller, Town er 7!301 17 Page 2 of 2 Arizona Department of Liquor Licenses and Control 300 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1- 10 days (consecutive) Cash Checks or Money Orders Only ll ll Ubt VNLY Event Date(s): Event time start/end; CSR: License; A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 Name of Organization: FOUNTAIN HILLS COMMUNITY THEATER INC Name of Licensed Contractor only (if any): SECTION 2 Non-Profit/IRS Tax Exempt Number: 74-2519451 SECTIQN_3 Event Location: FOUNTAIN HILLS THEATER Event Address: 11445 N SAGUARO BLVD, FOUNTAIN HILLS, AZ 85268 SECTION 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: MORLOCK, WALTER O. Last first Middle Date of Birth 2. Applicant's mailing address: _CANYON WAY, CHANDLER, AZ 85249 Street city State Zip 3. Applicant's home/cell phone Applicant's business phone: (4801 837-9661 X6 4. Applicant's email address: WALTER@FHTAZ.ORG 1, (Il FullName) WALTER O. MORLOCK declare that I am the APPLICANT filing this application as list d Bove. I have read the application and the contents and all statements are true, correct and complete. x Jill bwk-7[7311C Signature Tdfe/ Position Date A.Rft.bP The foregoing instrument was acknowledged before me this .?� ► State A 'i.OA�� County of �J 11��1C,I3 My Commission Expires on: %,A 1 U2.1 Date 2 5-- Auil Day Month 9/ 12/2017 Page 1 at 5 Individuals requiring ADA accommodations call (602)542-2999 tVfuvt-qJO iii pF4Y Pie. :z Public — Ski `�� FlJ OUNV,; Regarding the Applicant's application for a special event permit, I hereby certify that the Organization meets the criteria in A.R.S. § 4-203.02(E) for the issuance of the permit as indicated by checking one of the boxes below. (1 } ❑ The Applicant is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Applicant supports, the office that the candidate seeks, and the month and year that the applicant would first fill the office if successful. Candidate: Name Office Month/Year (2) E The Applicant is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation as a nonprofit entity under Section 501(C) of the internal revenue code of the United States. If the Applicant is applying under option (2) as a nonprofit entity, please also INITIAL In the space provided next to all following statements to indicate that, to the. best of the applicant's knowledge, they are true and correct. The Applicani has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501(C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments] with this application). )\Tt e Applicant is not aware of any action by the IRS to revoke, suspend, or otherwise eliminate the Applicant's gibility under 501(C), or if there is a pending application, the Applicant has not received any indication that e IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, guidelines, and forms that it is eligible under 501(C). The Applicant understands that if there is a change in circumstances after completing this form that may cause "01 has caused it to lose its eligibility under 501(C), whether before or after receiving an IRS determination letter, N at it has an affirmative duty to notify the Department of Liquor, which may then take appropriate action with regard to the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organization. 1, (Print Full Name) WALTER O M O R LO C K declare that I am an Officer, Director, or Chairperson of the organiza ion filing this application as listed above. I have read the application and the contents and all statements are true, correct complete. X-Cer.�+�r��r 2� I Signature Title/ Position Date �Oneum The foregoing instrument was acknowledged before me this State AR.%X45,314 County of MALiCo'* My Commission Expires on: HIL02.1 Date 2Z 1� 0f 2618.. Day Month Il , % X,/,�4 �;• a PZNO of Notary Pub1k= r i n SECTION b Will this event be held on a currently licensed premise and within the already approved pr6r} wo-E (If yes, Local Governing Body Signature not required) Name of Business License Number 9/12/2017 Page 2 of 5 Individuals requiring ADA accommadations call (502)542-2999 Phone (Include Area Code) SECTION 7 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read 8-19- 318 for explanation and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ✓EDispense and serve all spirituous liquors under special event ❑split premise between special event and retail location (IF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION S What is the purpose of this event? ❑✓ On-site consumption ❑Off-site (auction/wine/distilled spirits pull) ❑Both Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? E es ao tit yes, attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? (The number cannot exceed 10 days per year.) 3. Is the organization using the services of a promoter or other person to manage the sale or service of alcohol? Dies Fho (If yes, must be a licensed contractor or licensee of series 6, 7, 11, or 12) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name FOUNTAIN HILLS COMMUNITY THEATER INC Percentage: 100% Address 11445 N SAGUARO BLVD, FOUNTAIN HILLS, AZ 85268 Name Percentage: Address street Clly State Zip Please read A.R.S. § 4-203.02 Special event license: rules and R19-1-245 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. 5. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) Explanation: er of Police Number of Security Personnel Elencing OBorriers SIGNAGE AND BARRIERS WILL. BE USED TO CONTROL THE LIQUOR SERVICE AREA. A CERTIFIED BARTENDER WILL CHECK ALL IDs THERE WILL BE ONE ENTRANCEIEXIT TO THE CONTROLLED AREA IT WILL BE MONITORED BY A SECURITY TEAM MEMBER. 9/12/2017 Page 3 of 5 Individuals requiring ADA occommodotions call (602)542-2999 SECTION IQ Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date DAY 1: Nov 1, 2018 DAY 2: DAY 3: DAY 4: DAY 5: DAY b: DAY 7: DAY 8: DAY 9. DAY10: Day of Week THURSDAY Event Start Time AM/PM 3PM License End Time AM/PM 12AM SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call (502)542-2999 Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. SECTION 12 Local Governina Body Approval Section. Date Received: I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Tithe) On behalf of (City, Town, County) Signature Date Phone []APPROVAL ❑DISAPPROVAL BY: DATE:) A-R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action: prohibited acts by state employees: enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact_ A general grant of authority in statute does not constitute a basis far imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THOS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12 820.02. 9/12/2017 Page 5 of 5 Individuals requiring ADA accommodations call (602)542-2999 W f TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 7/30/2018 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Special Event Liquor Application Recreation Manager Attached is a Special Event Liquor Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Fountain Hills Theater Applicant: Walter Morlock Date(s) of Event: November 1, 2018, Fountain Hills Theater Date Application Received: 7/23/18 Town Council Agenda Date: 9/4/2018 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar X Development Services Marissa Moore Fire Department Jason Payne Law Enforcement Robert Palumbo x Licensing Sonia Kukkola X Street Department Justin Weldy X Attach report for denial or any recommendation requiring stipulations. v�,VAINl TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 91412018 Meeting Type: Regular Session Agenda Type: Consent Submitting Department: Community Services Staff Contact Information: Corey Povar, Recreation Manager, 480-816-5170, cpovar@fh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Sunset Kiwanis Club of Fountain Hills (Margaret Ziefert) for a fund raiser to be held along the Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to 5:00 PM daily, Friday, March 8 through Sunday, March 10, 2019. Applicant: Margaret Ziefert Applicant Contact Information: 480-816-1771 Owner: Margaret Ziefert, Sunset Kiwanis of Fountain Hills Owner Contact Information: 480-816-1771 Property Location: Avenue of the Fountains, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1- 235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's approval regarding the special event liquor license application submitted by Margaret Ziefert representing the Kiwanis Club of Sunset Fountain Hills, for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA Staff Recommendation(s): Approve List Attachment(s): Applications SUGGESTED MOTION (for Council use): Move to approve the Special Event Liquor License as presented. Page 1 of 2 Prepared by: Corey Povar, Recreation Manager 6/11/2018 Director's Approval: Rachael Goodwin, Comm nit ervices Director 6111 2-018 Ap o d: Grady E. Miller, To ger 611112019 Page 2 of 2 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 Name of Organization: Sunset Kiwanis of Fountain Hills Name of Licensed Contractor only (if any): SECTION 2 Non-Profit/IRS Tax Exempt Number: 56-09944635 SECTION 3 Event Location: Avenue Of the Fountains Event Address: Northside of Avenue of the Fountains SECTION 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: Ziefert Margaret Theresa LastFirst Middle Date of Birth 2. Applicant's mailing address:._ P8rf111 DfIVe Fountain HMIs Mzotla 86268 City state zip 3. Applicant's home/cell phone: Applicant's business phone: ( ) 4. Applicants email address: sunsetsecretary@q.corri I, (Print Full Name) Margaret Ziefert declare that I am the APPLICANT filing this application as listed above, I have feud the application and the contents and a4l statements are true, correct and complete. (] X �(! Secretary/Treasurer 6171208 4808161771 Sign r Title/ Position Date Phone Number The foregoing instrument was acknowledged before me this State 4 Yic County of (l k, iCc.��l� My Commission Expires on: -'s Date Day Month Year i nature of Nota c 9/12/2017 Page 1 of s �. KEITH MCCULLOVIGH Individuals requiring ADA accommodations tail(602)5A2-299 ��. Nary PubNc - State orArizorta 5 MMICOPA COUNTY ° MY COMM, EVkw WY 2, 2WS SECTION 5 Regarding the application for a special event permit: The Officer, Director, or Chairperson of the organization certifies that the Organization meets the criteria in A.R.S. § 4-203.02(E) as indicated by checking one of the boxes below. (1) ❑ The Organization is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Organization supports, the office that the candidate seeks, and the month and year that the candidate would first fill the office if successful. Candidate_ Name Office Month/Year (2) 0 The Organization is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation under Section Sal (C) of the internal revenue code of the United States. if the Organization is applying under option (2) as a nonprofit entity, please also INITIAL in the spaces provided next to all following statements to indicate that, to the best of the Organization's knowledge, the following statements are correct. To be initialed only by an Officer, Director, or Chairperson of the organization. MZ The Organization has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501 (C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination leiter or the application [without attachments] with this application). I'YIZ The Organization is not aware of any action taken by the IRS to revoke, suspend, or otherwise eliminate their Eligibility under 501 (C), or if there is a pending application, the eligibility has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, guidelines and forms that are eligible under 501(C). ITIZ The Organization understands that if there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under 501(C), whether before or after receiving an IRS determination letter, that it has an affirmative duty to notify the Department of Liquor, which may take appropriate action regarding the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organization. I, (Print Full Name) Margaret Ziefert the organization Filing this application as listed above. true, correct and complete, declare that 1 am an Officer, Director, or Chairperson of I have read the application and the contents and all statements are SecretarylTreasurer 6/7/2418 4808161771 Signature Title/ Posftn _ Date Phone Number The foregoing instrument was acknowledged before me this _� ua_ gc� (}/j Day Month Year State A County of 1 r 61, r- tf _ My Commission Expires on: 5 �-q bin �C)l C-- Date a of NotaryPu c Notary Public - State otAnzom MARICoPAcouNn My Cams. E*traa May 2, 2019 SF�TIQR4 6 Will this event be held on a curr fly ic ensed oremiseand within the all ady approved premises? aes [Z]Nn (If yes, Local Governing Body Signature not required) Name at Business License Number 9/12/2017 Page 2 of 5 Individuals requiring ADA accommodations call (502)542-2999 Phone (Include Area Code) SECTION 7 How is this special event going to conduct ail dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license +/❑Dispense and serve all spirituous liquors under special event []Split premise between special event and retail location OF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 8 What is the purpose of this event? Rion-siteconsumption ❑Off-site {auction/wine/distilled spirits pull) E]Both 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? []yes �10 (If yes, attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? a (The number cannot exceed 10 days per year.) 3. Is the organization using the services of a licensed contractor or other person to manage the sale or service of alcohol? Dyes QN0 (if yes, must be a licensed contractor or licensee of series 6, 7, 11, or 12) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds_ The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name Thunderbird Artists Percontone- 75 Address 15648 N. Eagle Nest Drive, Fountain Hills Name Sunset Kiwanis of Fountain Hills Address 16957 E. Kiwanis Drive Fountain Hills Sheet city Percentage: 25 Arizona 85268 State Zip Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. 5. What type of security and control measures wiil you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, it applicable.) 2 Number of Police 12 Number of Security Personnel OFencing ❑Barriers Explanation: Security Personnel with beat every entrance and for 2 will be floating. The event will be totally fenced off. 9/72/2017 Page 3 of 5 Individuals requiring ADA accommodations call {602}542-2999 SECTIQN 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R,S. g 4-244(15) and (17) for legal hours of service. PLEASE FILL OUT A SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises_ Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. 1 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 Date Day of Week Bent Start License End Time AM/PM Time AM/PM DAY 1: 03/8/2019 Friday 10:00 am 5:00 pm DAY 2: 03/9/2019 Saturday 10:00 am 5:00 pm DAY 3: 3/10/2019 Sunday 10:00 am 5:00 pm DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises_ Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. 1 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 ' 0 MR. fa CL uj 4-0 0 LL- 4 - 0 C: 'dQ-VNVINOW VI uj 'dQ-VNVINOW VI uj to VI Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. SECTION 12 Local Governing Body Approval Section. Date Received: I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government official) (Title) On behalf of ( City, Town, County) signature date Phone 3C%-llWIY 1,1 for UeparFMen7 Of Liquor Licenses ana L onrrol use ❑APPROVAL ❑DISAPPROVAL BY: DATE: /J A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency, action_ prohibited acts by y state employees; enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION 15 CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 9/12/2017 Page 5 of 5 Individuals requiring ADA accommodations call (602)542-2999 Town of Fountain Hills 16105 E Avenue of the Fountains Fountain Hills. AZ 85268 Receipt #: 540 Manual #: 6/7/2018 11:38 AM Clerk: plaekaaell Terminal: 1 1 1 price Sy Item 25.00 1 L�-lupi sp Evnt Liq {Jc subtotal 25,00 Tax 0 A Total 25.00 Credit 5 , Uif Ayopoo1AB485 Change Due o0 Loo www.fKU 19ov TOWN OF FOUNTAIN HILLS ADMINISTRATION DEPARTMENT INTER OFFICE MEMO TO: (as applicable) DATE: 6/11/2018 • Streets Division Denied • Fire Department Building Safety • Building Division • Community Services X • Development Services Corey Povar • Law Enforcement • Licensing Development Services FR: Corey Povar, RE: Special Event Liquor Application Recreation Manager Attached is a Special Event Liquor Application for staff review. Review the application, then sign, indicating staff's recommendation for approval (with or without stipulations) or denial. If staff's recommendation is to deny and/or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Name of Organization: Sunset Kiwanis of Fountain Hills Applicant: Margaret Ziefert Date(s) of Event: Marh 8 - 10, 2019.along the Avenue of the Fountains Date Application Received: 6/7/2018 Town Council Agenda Date: 9/4/2018 STAFF REVIEW AND RECOMMENDATION: Department/Division Staff Member Approved Denied N/A Building Safety Peter Johnson X Community Services Corey Povar X Development Services Marissa Moore Fire Department Jason Payne Law Enforcement Robert Palumbo Licensing Sonia Kukkola X Street Department Justin Weldy Attach report for denial or any recommendation requiring stipulations. Al� TOWN OF FOUNTAIN HILLS 40fF Ccr w` L.� TOWN COUNCIL AGENDA ACTION FORM char is AS' Meeting Date: 9!412018 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Mike Fenzel, Community Center Manager, mfenzea-fh.az.gov, (480) 816-5116 REQUEST TO COUNCiL (Agenda Languago CONSIDERATION OF approving four SPECIAL EVENT LIQUOR LICENSE APPLICATIONS submitted by Sandra Ursini, representing the Fountain Hills and Lower Verde Valley Museum and Historical Society, for the purpose of fundraising dinners. The events are scheduled for (i) Wednesday, October 17, 2018 from 6:00-9:00p.m.; (ii) Wednesday, November 14, 2018 from 6:00-9:00p.m.; (iii) Wednesday, January 16, 2019 from 6:00-9:00p.m.; (iv) Wednesday, February 20, 2019 from 6:00-9:00p.m.; all held at the Community Center. Applicant: Sandra Ursini Applicant Contact Information: (480) 837-2612 (Business), (618) 201-2836 (Cell) Owner: NIA Owner Contact Information: NIA Property Location: Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S.§4-203.02; 4-261 and R19-1-228, R19-1-235, and R19- 1-309, Community Center Operating Policy (Section 15-G). Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding the special event liquor license application submitted by Sandra Ursini, representing the Fountain Hills Lower Verde Valley Museum & Historical Society, for submission to the Arizona Department of Liquor. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA If Multiple Funds utilized, list here. NIA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation (s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Approve List Attachment(s): Applications SUGGESTED MOTION (for Council use): Move to approve the Consent Agenda Prepared by - 7 Fenze .Comm ty enter afnager 8/2/2018 Page 1 of 2 Director's Approva�- — QIII� - Rachael Goodwin, Comm u it ervices Director 8 6 2018 Approved: Grady E. Miller, To a ger 8/22/218 Page 2 of 2 07-17-18 12:01 ?CVD Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cosh Checks or Money Orders Only rUlt LJLULG Ubt ONLY Event Date(s): Event time start/end: CSR: License: A service fee of $23.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 Name of Organization: Fountain Hills & Lower Verde Valley Museum & Historical Society / River of Time Museum Name of Licensed Contractor only (if any): SECTION 2 Non-Profit/1R5 Tax Exempt Number: 86-0670640 U,QTION 3 Event Location: Fountain Hills Community Center, a town -owned facility Event Address: 18001 N. La Montana Drive, Fountain Hills, AZ 85268 SECTION 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: Ursinl, Sandra Louise Last Middle Dote of Blyth 2. Applicant's mailing address: Irst ins(on Lane, Fountain Hills, AZ 85268 Applicant's home/cell phone: Applicant's email address: $ales@rotmuseum.Org city state IIP Applicant's business phone: (480) 837-2612 I, (Print Full Name) Sandra Louise Urslnl declare that I am the APPLICANT filing this application as listed above. I hav read the application and the contents and all statements are true, correct and complete, X tUo Sales Manager 6/28/2018 Slgnoture Trhe/ Position Date Phone Number The foregoing instrument was acknowledged before me this Day Month Year State t County of 1 C lAa Notary Public State of Arizona Maricopa County My Commission Expires owiL ox n e Sig ur a u i 9/12/2017 Page 1 of 5 Individuals requiring AIDA accommodations call (602}542-2999 SECTION 5 Regarding the application for a special event permit: The Officer, Director, or Chairperson of the organization certifies that the Organization meets the criteria in A.R.S. § 4-203.02(E) as indicated by checking one of the boxes below. (1) ❑ The Organization is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Organization supports, the office that the candidate seeks, and the month and year that the candidate would first fill the office if successful. Candidate: Name Office Month/Year (2) El The Organization is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation under Section 501 (C) of the internal revenue code of the United States. If the Organization is applying under option (2) as a nonprofit entity, please also INITIAL in the spaces provided next to all following statements to indicate that, to the best of the Organization's knowledge, the following statements are correct. To be initialed only by an Officer, Director, or Chairperson of the organization. The Organization has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501(C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments] with this application). The Organization is not aware of any action taken by the IRS to revoke, suspend, or otherwise eliminate their Eligibility under 501(C), or if there is a pending application, the eligibility has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, ,,guideline, and forms that are eligible under 501 (C). The Organization understands that if there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under 501(C), whether before or after receiving an IRS determination letter, that it has an affirmative duty to notify the Department of Liquor, which may take appropriate action regarding the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organization. 1, (Print Full Name) Cherie Koss declare that I am an Officer, Director, or Chairperson of the organization filing this application as listed above, I have read the application and the contents and all statements are truear complete. X1 Executive ctor Sign The foregoing instrument was acknowledged before ti�P o` y State County of rAr 1"L &f - ; z My Commission Expires on: 17•2.q•202U �� •.,k!?•12;.•• Q � Date �i-4�i/1111811111000 ,1 +� 1N`',`,��� s 6/28/2018 480-837-2612 Date Month Notary Public Phone Number Year Will this event be held on a currently licensed premise and within the already approved premises?Oyes E),,Io f if yes, local Governing Body Signature not required) Name of Business License Number 9/12/2417 Page 2 of 5 Individuals requiring ADA accommodations call (602}542-2999 Phone (include Area Code) SECTI0bl 7 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license [E]Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (IF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) What is the purpose of this event? ✓❑On-site consumption []Off-site (auction/wine/distilled spirits pull) ❑Both SECTION 9 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? ❑yres ✓�10 (If yes, atloch explanation.) 2. How many special event days have been issued to this organization during the calendar year? 5 (The number cannot exceed 10 days per year,) 3. Is the organization using the services of a licensed contractor or other person to manage the sale or service of alcohol? ❑yes ✓aO (If yes, must be a licensed contractor or licensee of series b, 7, 11, or 12) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name River of Tlrne Museum 100% Percentage: Address 12901 N. La Montana Drive, Fountain Hills, AZ 85268 Address Sheet city Percentage: State ZIP Please read A.R.S. § 4-203.02 S-Pecial event license: rules and R19-1-205 Requirements for p Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. 5. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) 1 umber of Police Number of Security Personnel ❑Fencing ❑Barriers Explanation: All consumption will be inside of the building. 9/12/2017 Page 3 of 5 IndVduals requiring ADA accommodations call (502)542-2999 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4.244(15) and (17) for legal hours of service. PLEASE FILL OUT SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date DAY 1: October 17, 2018 DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7.- DAY :DAY 8: DAY 9: DAY10: Day of Week Wednesday €•rent Start Time AM/PM 6:00 pm License End Time AM/PM 9:00 pm SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 w -so- NORTH SENIOR NET 735 SF NAVA7O RM rjL� 735 SF ART RM STORAGE 1145 SF r 1145 SF i STORAGE HOPI RM 942 SF KITCHEN RVICE HALL = 1,000 SF PIMA 942 SFF YAVAPAI RM 615 SF BALLROOM 2 BALLROOM 3 147 SF 1,798 5F 1,815 SF SENIOR SERVICES O OFFICE 1,030 SF EAST a 117 CONF 1 W M - - BALLROOM 1 BALLROOM 4 530 SF 1145 1,793 SF 1,890 SF RESTROOMS 14B SF 138 03a O ICE LOUNGE 195 SF 1255 GLASS HALL MAIN ENTRANCE LOBB 7,713 5 SOUTH Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. SECTION 12 Local Governing Date Received: (Government Official) On behalf of SECTION 13 For Approval Section. (City, Town, County) rtment of ❑APPROVAL ODISAPPROVAL BY: (Title) Signature Licenses and Control use recommend ❑APPROVAL 0 DISAPPROVAL Date Phone DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter, prohibited agency actionprohibited acts by state employees; enforcement: notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION, E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 9/12/2017 Page 5 of 5 Individuals requiring ADA accommodations call (602)542-2999 47-17-16 1�-:91 IkCVD FOR DLLC USE ONLY Arizona Department of Liquor Licenses and Control 800 W Washington Sth Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 Name of Organization: Fountain Hills & Lower Verde Valley Museum & Historical Society / River of Time Museum Name of Licensed Contractor only (if any): SECTION 2 Non-Profit/IRS Tax Exempt Number: 86-0670640 SECTION 3 Event Location: Fountain Hills Community Center, a town -owned facility Event Address: 13001 N. La Montana Drive, Fountain Hills, AZ 85268 SECTION Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: Urslnl, Sandra Louise Last rst Middle Date of Birth 2. Applicant's mailing address inston Lane, Fountain Hills, AZ 85268 city State ZIP 3. Applicant's home/cell phone Applicant's business phone: (480 ) 837-2612 4. Applicant's email address: sales@rotmuseum.org rotmuseum.Org 1, (Print Full Name) Sandra Louise Ursini declare that I am the APPLICANT fling this application CIS li d above. I have read the application and the contents and all statements are true, correct and complete. X J 44,t Signature Sales Manager rrtle/ Position The fore ping instrument was acknowledged before me this State r Zt7 County at G`L C� ty My Commission Expires on: //-;1') 4v Da 6/2812018 Date EP11.. Number Day Notary Public State of Arizona ariCopa County Jy a J Knox o M ares 0912bf21118 Si 9/12/2017 Page 1 of 5 Individuals requiring ADA accommodations call (602)542-2999 SECTION 5 Regarding the application for a special event permit: The Officer, Director, or Chairperson of the organization certifies that the Organization meets the criteria in A.R.S. § 4-203.02(E) as indicated by checking one of the boxes below. (1) ❑ The Organization is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Organization supports, the office that the candidate seeks, and the month and year that the candidate would first fill the office if successful. Candidate: Name Office Month/Year (2) ❑✓ The Organization is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation under Section 501(C) of the internal revenue code of the United States. If the Organization is applying under option (2) as a nonprofit entity, please also INITIAL in the spaces provided next to all following statements to indicate that, to the best of the Organization's knowledge, the following statements are correct. To be initialed only by an Officer, Director, or Chairperson of the organization. The Organization has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 50T (C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments] with this application). The Organization is not aware of an action taken y by the IRS to revoke, suspend, or otherwise eliminate their Eligibility under 501 (C), or if there is a pending application, the eligibility has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, guidelines and forms that are eligible under 501(C). The Organization understands that if there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under 501(C), whether before or after receiving an IRS determination letter, that it has an affirmative duty to notify the Department of Liquor, which may take appropriate action regarding the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organization. 1, (Print Ful Name) Cherie Koss declare that I am an Officer, Director, or Chairperson of the organizat filing is application as listed above. I have read the application and the contents and all statements are true, cone d c pl te. X Executive Director 6/28/2018 480-837-2612 Date Phone Number Xx `� ''•�FtY�P(i ` pial U The foregoing instrument was acknowledged beZre ren=® `8 Q( • ay Month Year State County of _ Q = S A =ooN; z My Commission Expires on_11•2 •2020 'i O•.• Date OOU�'���'�` sign N�re of N pry Public SECTION 6 Will this event be held on a currently licensed premise and within the already approved premises?[]yes ✓❑Vo (if yes, Local Governing Body Signature not required) Business License Number Phone (Include Area Code) 9/12/2017 Page 2 of 5 Individuals requiring ADA accommodations call (602)542-2999 SECjJON 7 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read 8-19- 318 for explanation and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license ❑✓ Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location OF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTION 8 What is the purpose of this event? ✓❑On-site consumption ❑Off-site (auction/wine/distilled spirits pull) []Both SECTION -4 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5} years? ❑YeS ✓ NO (If yes, attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? 6 (The number cannot exceed 10 days per year,) 3.15 the organization using the services of a licensed contractor or other person to manage the sale or service of alcohol? ❑hes �10 (If yes, must be a licensed contractor or licensee of series S, 7, 11, or 12) List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event 1'quor sales. Attach on additional page if necessary. Name River Of Tlme Museum Percentage: 100% Address 12901 N. La Montana Drive, Fountain Hills, AZ 85268 Name Percentage: Address Street city State IIP Please read A.R.S. § 4-203.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. 5. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) umber of Police Number of Security Personnel ❑Fencing ❑Barriers Explanation: All consumption will be inside of the building. 4/12/2017 Page 3 of 5 individuals requiring ADA accommodations call (602)542-2999 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A.R.S. § 4.244(15) and (17)f or legal hours of service. PLEASE FILL OUT SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week DAY 1: November 14, 2018 Wednesday DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Event Start Time AM/PM 6:00 pm License End Time AM/PM 9.00 pm SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 SENIOR MET 735 SF NAVA30 RM 735 SF HOPI RNi 942 SF PIMA RPS 942 SF SENIOR SERVICES o OFFICE x,030 SF 117 CONF Siff SF 114 x48 SF 198 O CE NORTH ART RMHL STORAGE1145 SF 2145 SF RESTROOMS 0� 037 LOUNGE MAIIHIENTRANCE LOB® 7, 713 5p SOUTH HAaL. CITCHE 1,000 SF BALLROOM 2 I BALLROOM 3 1,796 SF 1,816 SF BALLROOM 3 I BALLROOM 4 2+793 5F 1,830 SF GLASS HALL Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. SECTION 12 local Governing Body Approval Section. Date Received: 1• recommend ❑APPROVAL ❑ DISAPPROVAL {Government official} (Tithe) On behalf of (City, Town, County) Signature Date Phone SECTION 13 For Department of llquor licenses and Control use ❑APPROVAL ❑DISAPPROVAL BY: DATE: f A.R.S. § 41-1030. Invalidity of rules not made according to this chapter; prohibited agency action Prohibited acts by state em to ees• enforcement; notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statufe does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 9/12/2017 Page 5 of 5 Individuals requiring ADA accommodations call {6021542-2999 0 7-1 7-1 3 1 2: a 1 I`OklbLk USE ONLY Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only Event Date(s)- Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 Name of Organization: Fountain Hills & Lower Verde Valley Museum & Historical Society / River of Time Museum Name of Licensed Contractor only (it any): SECTION 2 Non-Profit/IRS Tax Exempt Number: 86-0670640 SECTION 3 Event Location: Fountain Hills Community Center, a town -owned facility Event Address: 13001 N. La Montana Drive, Fountain Hills, AZ 85268 SECTION 4 Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1. Applicant: Urslnl, Sandra Louise Last rst Middle e o 2. Applicant's mailing address: lnStOf1 Lang, Fountain Hills, AZ 85268 city State Zip 3. Applicant's home/cell phone Applicant's business phone: (480) 837-2612 4. Applicant's email address: sales G@rotmuseunl.org I, (Print Full Name) Sandra Louise Ursini declare that I am the APPLICANT filing this application as fisted above. I have read the application and the contents and all statements ore true, correct and complete. X �J Sales Manager Signature Title/ Position �i The foreoing instrument was acknowledged before me this � (J Day State t^1Zb110— County of t~IC My Commission Expires on:__�b�,o G f 1 Date 6/28/2018 Date Phone Number 9/12/2017 Page 1 of 5 Individuals requiring ADA accommodations call (602)542-2999 C -9,v[ `� Notary Public State of Arizona Magcopa County SECTION 5 Regarding the application for a special event permit: The Officer, Director, or Chairperson of the organization certifies that the Organization meets the criteria in A.R.S. § 4-203.02(E) as indicated by checking one of the boxes below. (1) ❑ The Organization is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Organization supports, the office that the candidcte seeks, and the month and year that the candidate would first fill the office if successful. Candidate: Name Office Month/Year (2) ❑✓ The Organization is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation under Section 50T (C) of the internal revenue code of the United States. If the Organization is applying under option (2) as a nonprofit entity, please also INITIAL in the spaces provided next to all following statements to indicate that, to the best of the Organization's knowledge, the following statements are correct. To be initialed only by an Officer, Director, or Chairperson of the organization. The Organization has received a determination letter from the Internal Revenue Service ("IRS") indicating that it is eligible for designation as a nonprofit entity under Section 501 (C), eligibility or will be eligible on all days that the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur. (Please provide a copy of either the IRS determination letter or the application [without attachments] with this application). The Organization is not aware of any action taken by the IRS to revoke, suspend, or otherwise eliminate their Eligibility under 501 (C), or if there is a pending application, the eligibility has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, guidelines and forms that are eligible under 501(C). 5 The Organization understands that if there is a change in circumstances after completing this form that may cause or has caused it to lose its eligibility under 501 (C), whether before or after receiving an IRS determination letter, that it has an affirmative duty to notify the Department of Liquor, which may take appropriate action regarding the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organizafion. I, (Print Full Name) Cherie Koss declare that I am an Officer, Director, or Chairperson of the orga ation filing this application as listed above. I have read the application and the contents and all statements are true, e t artd co pi e. X _11MODS P-6, Execu Sina r The foregoing instrument was acknowledged befZe rr) State l7 nliZmlk ti County of )LCt f i f e tom,O N• r p'>• Na �� �j •;l> AXP. �`:'•" QQ`� My Commission Expires on: 12at• t� ��� �'p •• �� Date a�-f'4 f i QUN,1`` r 6/28/2018 480-837-2612 Date Phone Number Z,J v o I Month Year Of SECTION 66 Will this event be held on a currently licensed premise and within the already approved premises?[]Yes Zo (If yes, Local Governing Body Signature not required) Name of Business License Number 9/12/2017 Page 2 of 5 Indivlduais requiring ADA accommodations call (602)542-2999 Phone (Include Area Code) SECTION 7 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the following boxes. ❑Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license QDispense and serve all spirituous liquors under special event ❑split premise between special event and retail location OF USING RETAIL LICENSE, PLEASE SUBMIT A LETTER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT, IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OINNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES.) SECTIQN 8 What is the purpose of this event? ❑✓ On-site consumption ❑Off-site (auction/wine/distilled spirits pull) Doth SECTION 9 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? Dyes ❑✓ No (It yes, attoch explanaffon.) 2. How many special event days have been issued to this organization during the calendar year? (The number cannot exceed 10 days per year.) 9 3. Is the organization using the services of a licensed contractor or other person to manage the sale or service of alcohol? ❑Yes [D40 (If yes, must be a licensed contractor or licensee of series 6, 7, 11, or 12) List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name River of Time Museum Percentage: 100% Address 12901 N. La Montana Drive, Fountain Hills, AZ 85268 Name Percentage: Address Street City state Zip Please read A.R.S. § 4-243.02 Special event license; rules and R19-1-205 Requirements for a Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. 5. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, Ff applicable.) mber of Police Number of Security Personnel ❑Fencing ❑Barriers Explanation: All consumption will be inside of the building. 9/12/2017 Page 3 of 5 Individuals requiring ADA accommodations call (602)542-2999 SECjION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 10 consecutive days. See A. U. § 4.244(15) and (17) for legal hours of service. DAY 1: DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY10: PLEASE FILL OUT SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week January16, 2019 Wednesday Evens' Start Time AM/PM 6:00 pm License End Time AM/PM 9:00 pm SECTI0t] 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602}542-2999 SENSOR NET 735 SF NAVA30 RM 735 5F 110 68M 942 �F P1 B42 OF SENSO#� SERVICES O OFFICE 1,030 OF 117 C®NF $30 SF kk4 148 5F 138 0 ECE 135" 35 SF 126 S AIRY RN 1145 SF WOR7N STORAGE 1145 SF STORAGE KITCHEN HALL Loon SF BALLROOM 2 f BALLROOK 3 1,7985F I 1,816w BALLROOM I i BALLROOM 4 1,793 5F I 1,830 SF GLASS HALL MAW ENTRANCE X L0684X 7,713 5�g 4 SOUTH Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. SECTION 12 Local Governing Body Approval Section. Date Received: I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Title) On behalf of (City, Town, County) Signature Date Phone ats-i iuiY 1.5 Por uepartmem or Liquor Licenses ana Control use only. ❑APPROVAL ❑DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter, prohibited agency action: prohibited acts by state employees; enforcement: notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specificaky authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION, A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 9/12/2017 Page 5 of 5 Individuals requiring ADA accommodations call (602)542-2999 17.1_17-I" 1k JI I,nVf) Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) Cash Checks or Money Orders Only FOR DLLC USE ONLY Event Date(s): Event time start/end: CSR: License: A service fee of $25.00 will be charged for all dishonored checks (A.R.S § 44-6852) IMPORTANT INFORMATION: This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 12). SECTION 1 Name of Organization: Fountain Hills & Lower Verde Valley Museum & Historical Society / River of Time Museum Name of Licensed Contractor only (if any): SECTION 2 Non-Profit/IRS Tax Exempt Number: 86-D670640 SECTION 3 Event Location: Fountain Hills Community Center, a town -owned facility Event Address: 13001 N. La Montana Drive, Fountain Hills, AZ 85268 SECTION Applicant must be a member of the qualifying organization and authorized by an Officer, Director, or Chairperson of the Organization. 1, Applicant: Ursini, Sandra Louise Last Irsr Middle pare of Birth 2. Applicant's mailing addres inston Lane, Fountain Hills, AZ 85268 3. Applicant's home/cell phone: E� 4. Applicant's email address: Sales@rotmuseum.org City state Zip Applicant's business phone: (480) 837-2612 1, (Print Full Name) Sandra Louise Ursini declare that I am the APPLICANT filing this application as lied above. I have read the application and the contents and all statements are true, correct and complete. X_r� Sales Manager 6/28/2018 Signature Me/ Position Date Phone Number The fore oing instrument was acknowledged before me this State Irl ZO A 6t- County of C Q � My Commission Expires on: 1 't7 (} C] Date a2 Day otary Public State of Arizona a pa County ncy Y i I ®89$!20/2019 Si 9/12/2017 Page 1 of 5 Individuals requiring ADA accommodations call (6021542-2999 SECTION 5 Regarding the application for a special event permit: The dicer, Director, or Chairperson of the organization certifies that the Organization meets the criteria in A.R.S, § 4-203.02(E) as indicated by checking one of the boxes below. (1) ❑ The Organization is a political party or a campaign committee supporting a candidate for public office. Please indicate the name of the candidate that the Organization supports, the office that the candidate seeks, and the month and year that the candidate would first fill the office if successful. Candidate: Name Office Month/Year (2) 0 The Organization is a non-profit entity organized in Arizona, or pursuant to the laws of another state that is eligible for designation under Section 501 (C) of the internal revenue code of the United States. If the Organization is applying under option (2) as a nonprofit entity, please also INITIAL in the spaces provided next to all following statements to indicate that, to the best of the Organization's knowledge, the following statements are correct. To be initialed only by an Officer, Director, or Chairperson of the organization. The Organization has received a determination letter from the Internal Revenue Service ("IRS") indicating that if is eligible for designation as a nonprofit entity under Section 501(C), eligibility or will be eligible on all days thot the special event will occur, or has a pending application with the IRS for such treatment that has not been resolved but that will retroactively cover all days that the special event will occur,a provide Please ( p copy of either the IRS determination letter or the application [without attachments] with this application). The Organization is not aware of any action taken by the iRS to revoke, suspend, or otherwise eliminate their Eligibility under 501 (C), or if there is a pending application, the eligibility has not received any indication that the IRS will deny its application and has a good faith basis formed upon a reasonable inquiry into IRS regulations, r guidelines and forms that are eligible under 501 (C). The Organization understands that ' � g If there is a change in circumstances after completing this farm that may cause or has caused it to lose its eligibility under 501(C), whether before or after receiving an IRS determination letter, that it has an affirmative duty to notify the Department of Liquor, which may take appropriate action regarding the loss of eligibility. To be completed only by an Officer, Director, or Chairperson of the organization, I, (Print Full Name) Cherie Koss declare that I am an Officer, Director, or Chairperson of the organizoliefrVIing this application as listed above. I have read the application and the contents and all statements are true, torr complete. X Executiv`HDrector 6/28/2018 480-837-2612 Sig re dr ��\`wQ fi�1/ Uate Phone Number The foregoing instrument was acknowledged befien i Y, �Ue�i 5V Za I f = ay Month Year State I ftb County of ! =' o. N: z e a• My Commission Expires on: 12 -Z -Wo C' ' Fkp y2.R;• �� Aw Date �i� t}/p'••• ... ` /�, S0 ;�(`� `,`� Sig we of Notary Public SECTIQN 66 Will this event be held on a currently licensed premise and within the already approved premises?❑Yes ao (If yes, Local Governing Body Signature not required) Name of Business License Number 9/12/2017 Page 2 of 5 Individuals requiring ADA accommodations call {602}542-2999 Phone (Include Area Code) SECTION 7 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19- 318 for explanation and check one of the fallowing boxes. []Place license in non-use ❑Dispense and serve all spirituous liquors under retailer's license D✓ Dispense and serve all spirituous liquors under special event DSplit premise between special event and retail location OF USING RETAIL LICENSE, PLEASE SUBMIT A LEITER OF AGREEMENT FROM THE AGENT/OWNER OF THE LICENSED PREMISES TO SUSPEND OR RUN CONCURRENT WITH THE PERMANENT LICENSE DURING THE EVENT. IF THE SPECIAL EVENT IS ONLY USING A PORTION OF THE PREMISES, AGENT/OWNER WILL NEED TO SUSPEND THAT PORTION OF THE PREMISES) SECTIQN 8 What is the purpose of this event? Don -site consumption []Off-site (auction/wine/distilled spirits pull) ❑Both SECTION 9 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the lost five (5) years? ❑Yes DNo (If yes, attach explanation.) 2. How many special event days have been issued to this organization during the calendar year? (The number cannot exceed 10 days per year.) Is the organization using the services of a licensed contractor or other person to manage the sale or service at alcohol? Dyes ✓aO (if yes, must be a licensed contractor or licensee of series 6, 7, 11, or 12) 4. List all people and organizations who will receive the proceeds. Account for applying must receive 25% of the gross revenues of the special event liquor sales River of Tlme Museum 100% of the proceeds, The organization Attach an additional page if necessary. Name Percentage: Address 12901 N. La Montana Drive, Fountain Hills, AZ 85268 Name Address Street City Percentage: 100% State Zip Please read A.R.S. § 4-203.02 Special event license rules and R`19-11-205 Re uirements fora Special Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. 5. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) 1 Number of Police Number of Security Personnel []Fencing [Barriers Explanation: All consumption will be inside of the building. 9/12/2017 Page 3 of 5 ndividuafs requiring ADA accommodations call (602)542-2999 SECTION 10 Dates and Hours of Event. Days must be consecutive but may not exceed 1 D consecutive days. See A.R.S. § 4-244(15) and (17) for legal hours of service. PLEASE FILL OUT SEPARATE APPLICATION FOR EACH "NON-CONSECUTIVE" DAY Date Day of Week DAY 1: February 20, 2019 Wednesday DAY 2: DAY 3: DAY 4: DAY 5: DAY 61- DAY :DAY 7: DAY 8: DAY 9: DAY 10: Event Start Time AM/PM 6:00 pm License End Time AM/PM 9:00 pm SECTION 11 License premises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. Please attach a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. ATTACH DIAGRAM 9/12/2017 Page 4 of 5 Individuals requiring ADA accommodations call (602)542-2999 NORTH SENIOR NET 735 SF I NAVA]O RM 735 $F ARY RPS STORAGE 5145 SF ij 1145 SF i E � STORAGE KOPI RM - KITCHEN ;F ERVIICE HALL 1,000 SF YAVAPAE RN 815 SF BALLROOM 2 BAILLROC, 147 3F 1,798 SF SENIOR SERVICES 4 OFFICE i 1,030 'N I]1 �■►■^� �� -1� ♦�� 117 lr793 8F 1,930ma, �ww1 RESTROOMS = ►i �•i - Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction. SECTION 12 Local Governing Body Approval Section. Date Received: I, recommend ❑APPROVAL ❑ DISAPPROVAL (Government Official) (Tule) On behalf of (City, Town, County) Signaiure Date Phone 5LUTIUN 73 For Department of Liquor Licenses and Control use ❑APPROVAL ❑DISAPPROVAL BY: DATE: A.R.S. § 41-1030. Invalidity of rules not made according to this chapter: prohibited agency action, prohibited acts by state employees, enforce_ merit notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF TH15 SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02. 9/12/2017 Page 5 of 5 ndividuals requiring ADA accommodations call (602)542-2999 IAUNY TOWN OF FOUNTAIN HILLS P TOWN COUNCIL r� AGENDA ACTION FORM *hat is AYvti Meeting Date: 9/4/2018 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrei �,fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION 2018-35, abandonment of a portion of the Hillside Protection Easement on the "Hilltop at Sunridge Canyon" subdivision, Lot 1, as recorded in Book 496, Page 49, records of Maricopa County, Arizona (EA 2018-05) Applicant: Bob J. Mariano Applicant Contact Information: 12807 N. Sunridge Drive, Fountain Hills, AZ 85268; Tele. 602-689-4405 Owner: Same Owner Contact Information: Same Property Location: Same Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): Since the platting of this subdivision, the Town Council has amended the Town's Subdivision Ordinance, and currently no longer requires Hillside Protection Easements on lots lying within small lot zoning districts. (Note: Zoning Districts R1-6 through R1 -10A are currently exempted from HPE requirements per Subdivision Ordinance Section 501.C.4.) (Note: The Hilltop subdivision lies in the R1-8 zoning district. Lot 1 has a lot area of 43,727 sf, of which 14,786 sf was originally platted as HPE; of which only 2,537 sf is proposed to be abandoned by this action.) The applicant plans to construct a new fenced swimming pool/spa/patio area within this proposed abandonment area. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA Staff Recommendation(s): Staff recommends approval of RESOLUTION 2018-35, abandonment of a portion of the Hillside Protection Easement on the "Hilltop at Sunridge Canyon" subdivision, Lot 1. List Attachment(s): Aerial Photo map, RESOLUTION 2018-35 with Exhibit "A" Legal Description and Exhibit "B" map Page 1 of 2 SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2018-35; abandonment of a portion of the Hillside Protection Easement on the "Hilltop at Sunridge Canyon" subdivision, Lot 1. Prepared Director's Ap roved: Grady E. Miller, Tow ager 8/21/2018 Page 2 of 2 `mss.°+Y ffr4 V. HILLTOP ATSUNRIDGECANYON - LOT 1 12807 N SUNRIDGE DR :f A T� H Y � � f ` '3♦ Tw,}'v y -dry � - � i,. - Sr..� � j° 9' .+�, k �5�+' y .t Y_ y. � 3-. '.4. +!_. •r�k ` a e� '6 _, j.)+ ;} f � a�'�'y�,•A' �' r L4. *� '" '7y� �y�a. ,+w tY y,� ..�. '� � � x_-�y�r HPE ABANDONMENT AREA : a �E +� •', ;r"� �2L j..-.'�� ,rte � ��,) ,.9 i� � -�,, i - - >a:* 71Y %� �-i° ' t4_ q �k±,y TYr�i �itri4�� �`'- , f, -�N -� As ".�Fa'X7��£s.. i' r i. $} -!•'.+� 73 r i. •� jyy �j` ,,,111 y+�f w ft�j�il T .�*I �.w a..♦ ,jam RESOLUTION 2018-35 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE HILLSIDE PROTECTION EASEMENT LOCATED ON THE HILLTOP AT SUNRIDGE CANYON SUBDIVISION, LOT1 (12807 N. SUNRIDGE DRIVE), AS RECORDED IN BOOK 496, PAGE 49, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018-05) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain hillside protection easement, at the "Hilltop at Sunridge Canyon" subdivision, Lot 1, (12807 North Sunridge Drive), Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 496 of Maps, Page 49, and as more particularly described in Exhibit A and depicted in Exhibit B, both attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 4, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Interim Town Attorney Dickinson Wright, PLLC EXHIBIT A LEGAL DESCRIPTION HILLSIDE PROTECTION EASEMENT ABANDONMENT A portion of Lot 1 of "HILLTOP AT SUNRIDGE CANYON", a subdivision plat as recorded in Book 496 of Maps, page 49, Official Records of Maricopa County, Arizona, which is located in the Southeast quarter of Section 17, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and more particularly described as follows: COMMENCING at the Southeast property corner of said Lot 1; thence North 33 degrees 35 minutes 00 seconds West, departing from the Southeast property corner of said Lot 'I and the Northerly right -of -stay line of Palisades Boulevard, to the Southeast corner of an existing Hillside Protection Easement as shown on said Plat; a distance of 31.17 feet to the POINT OF BEGINNING; THENCE South 56 degrees 25 minutes 00 seconds West, along said Hillside Protection Easement line as shown on said Plat, a distance of 31.77 feet; THENCE North 27 degrees 33 minutes 53 seconds West, along said Hillside Protection Easement line as shown on said Plat, a distance of 103.13 feet; THENCE North 72 degrees 29 minutes 52 seconds East, departing from the Hillside Protection Easement line, as shown on said Plat, a distance of 16.53 feet, to a point of non -tangent curvature, concave Southwesterly, heaving a radius of 400.00 feet and a radial bearing of South 47 degrees 17 minutes 00 seconds West: THENCE Continuing along the arc of said curare to the right, through a central angle of 09 degrees 08 minutes 00 seconds, a distance of 63.76 feet; THENCE South 33 degrees 35 minutes 00 seconds East, a distance of 34.49 feet returning to said POINT OF BEGINNING. Containing 2,537 square feet or 0.06 acres, more or less. Reference is hereby made to the attached EXHIBIT B drawing. Page 1 of 1 ROBERT E. CONSONi �,fZ6NA" � l8 EXPIRES 06/30/2020 HPE Easement Abandonment 9 -mar Joh .N'o. 18-03-01-`_00 RECIgm May 1, 2018 ALL RECORDED VALUES ARE AS SHOWN IN BOOK 496 OF MAPS, PAGE 49, OFFICIAL RECORDS OF MARICOPA COUNTY. ARIZONA. � �<� N o� � H1L.LSIDE PROTECTIpIV FASE�IE7V7' �`� (HPE) ALL EASEMENT VALUES ARE CALCULATED, U.N.O. HILLSIDE PROTECTION EASEMENT ABANDONM LOT 1, HILLTOP AT SL NORTHERLY RIGHT—©F—WAY C PALISADES BLVD. 30' 30 6'0 YSL18DIVIDED KETCH OF LEGAL L' mm a r engineering consultants, llc 78223 w. orchid In. Waddell, ax 85355 ph: 6 2 3, 2 4 2. 6 2 2 0 - e: geoffgg- marertg, cam ZE— i HPE ABANDONMENT 11 ROBERT E. 12807 N. SUNRIDGE DRIVE CONSONI FOUNTAIN HILLS, AZ 85268 s ea... SEC. 17, T.3N., R.6E. �R�ZONA U MARICOPA COUNTY, ARIZONA EXPIRES 06%30 Job No. 17-001 051OV18 By GMIREG Sheet No. I OF 2 I nis drawing is an instrument of service. It is the property of g --mar engineering consultants, ilc, and may not be reproduced or reproduction hereof used without permission. ALL RECORDED VALUES ARE AS SHOWN IN BOOK 496 OF MAPS, PAGE 49, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA, LINE TABLE NO. BEARING DISTANCE Ll N. 33°.35'00 "W. 31.18' L2 S.5625'00'W. 31.77' L3 N. 27'33 53 " W, 1013.1.3' L4 N.72'2a'52 "E. 16.5.3' L5 S.33'35'OQ'E. 34.49' �- r 1;z MY VY Zrs a ALL EASEMENT VALUES ARE CALCULATED, U.N.O. CURVE TABLE NO. LENGTH DELTA RAD/US CHORD C 1 1 63.76' 09'08'00" 400,00' S. 38°09'010 E LINE DA TA ,--.M=m a r engineering consultants, tic 98223 Jnr. orchid Ida. Waddell, az 85355 ph: 6 2 3. 2 4 2.6,2 2 0 9 e: geoff@g- mareng. corn Job No. 18-03-017-0 Date v 22252 a HPE ABANDONMENT ROBERT E. 05/01/18 12807 N. SUNRIDGE DRIVE CONSON] By FOUNTAIN HILLS, AZ 85265 ig GM/REC SEC. 17, T.3N., R.6E. or�ASheet No. MIARICOPA COUNTY, ARIZONA EXPIRES 06/30/2020 2 OF 2 this drawing is an instrument of service. It is the property of g -mar engineering consultants, Ilc, and may not be reproduced or reproduction hereof used without permission. Meeting Date: 9!412017 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department. Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel fh.az. ov; 480-816-5112 REQUEST TO COUNCIL (,agenda Language): CONSIDERATION OF RESOLUTION 201$-42, abandonment of the 10' Public Utility and Drainage Easement on Plat 601-A, BIock 1, Lot 9 (15950 E. Sunflower Drive), as recorded in Book 161, Page 44, records of Maricopa County, Arizona, with stipulation. (EA 2018-09) Applicant: John Gurczak Applicant Contact Information: 007 Real Estate Holdings, LLC; 10810 N. Rosemont Court, Fountain Hills, AZ 85268; Tele. 480-272-1308 Owner: Same Owner Contact Information: Same Property Location: 15950 Sunflower Drive Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the pre- incorporation rear 10' Public Utility and Drainage Easement on Plat 601-A, Block 1, Lot 9 (15950 E. Sunflower Drive), as shown in the attached aerial photo. All of the public utilities have approved of abandonment of this easement. A 10'x10' Public Utility Easement should be granted by the applicant at the southwesterly corner of the lot, for existing and potential future utility boxes there. Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owners of Lot 9 are required to pass the developed flows generated by the upstream lots across their property. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA Page 1 of 2 Staff Recommendation(s): Staff recommends approval of RESOLUTION 2018-42, abandonment of the 10' Public Utility and Drainage Easement on Plat 601-A, Block 1, Lot 9, with the following stipulation: Grant a 10'x10' Public Utility Easement at the southwesterly corner of the lot. List Attachment(s): Aerial Photo Map; RESOLUTION 2018-42 SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2018-42, abandonment of the 10' Public Utility and Drainage Easement on Plat 601-A, Block 1, Lot 9, with stipulation. Prepared by: ✓ Director's Approval: Ap oved: , Grady'E. Miller, Town WanAer 812112018 Page 2 of 2 PLAT 601-A, BLOCK 1, LOT 9 15950 E. SUNFLOWER DRIVE do 1 765 _ _- ABANDON 10' PUE & DE At IL 7Al Al -� i- 9 `-�� 4 i•i !• s M r* 4# �** ' * . '� _'= � LOT 9 . r M -16 4 519 6.0-" -C) ANT 10' X 10' PUE -• '{ �. `� r SUNFLOWER DR RESOLUTION 2018-42 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE REAR PROPERTY LINE OF PLAT 601-A, BLOCK 1, LOT 9, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 161 OF MAPS, PAGE 44 RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easement, located at the rear property line of Plat 601-A, Block 1, Lot 9, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 44, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 4, 2018, FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Interim Town Attorney Dickinson Wright, PLLC �TAENy, TOWN OF FOUNTAIN HILLS i� TOWN COUNCIL MW AGENDA ACTION FORM r%af is NX1 Meeting Date: 914/2018 Agenda Types Consent Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrelP_fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION 2018-43, abandonment of the 10' Public Utility and Drainage Easement on Plat 505-B, Block 1, Lot 53 (15642 N. Boulder Drive), as recorded in Book 158, Page 43, records of Maricopa County, Arizona. (EA 2018-07) Applicant: Brent Hollanti Applicant Contact Information: Hollanti Custom Homes; 7464 E. Tierra Buena Drive, Suite 202, Scottsdale AZ 85260; brent@hollanticustomhomes.com Owner: MJFFH5 LLC; 1201 Manoa Road; Winnewood, PA 19096 Owner Contact Information: Frank Sparrow/ Managing Partner; Tele: (610) 761-5383 Property Location: 15642 N. Boulder Drive Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the pre- incorporation 10' Public Utility and Drainage Easement on the rear and southerly side of Plat 505-B, Block 1, Lot 53 (15642 N. Boulder Drive), as shown in the attached aerial photo. (Note: Because this action will abandon the entirity of the existing easement on this lot without any stipulation, no map exhibit has been attached to the RESOLUTION for this item.) All of the public utilities have approved of abandonment of this easement. Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owners of Lot 53 are required to pass the developed flows generated by the upstream lots across their property. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA Staff Recommendation(s): Staff recommends approval of RESOLUTION 2018-43, abandonment of the 10' Public Utility and Drainage Easement on Plat 505-13, Block 1, Lot 53. Page 1 of 2 List Attachment(s): Aerial Photo Map; RESOLUTION 2018-43 SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2018-43, abandonment of the 10' Public Utility and Drainage Easement on Plat 505-B, Block 1, Lot 53. Prepared by: f Director's 0 o s, D 914,11, ent Services Director 212018 Approved: Grady E. Miller, To n Ma ager 8/21/2018 Page 2 of 2 PLAT 505-B, BLOCK 11, LOT 53 f 15642 N BOULDER DRIVE 61 , � Pap ABANDON 10' . 4 '• PUE & DE 4 to, ' LOT 53 � F 3 a. % o I r o� RESOLUTION 2018-43 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE PUBLIC UTILITY AND DRAINAGE EASEMENTS OF PLAT 505-13, BLOCK 1, LOT 53, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 158, PAGE 43 OF MAPS RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject Offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain ten foot (10) public utility and drainage easement on the rear and southerly sides of Plat 505-8, Block 1, Lot 53, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 158 of Maps, Page 43, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 4, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Interim Town Attorney Dickinson Wright, PLLC ��,V AIN It TOWN OF FOUNTAIN HILLS 00 sem; inn TOWN COUNCIL low AGENDA ACTION FORM Meeting Date: 9/412018 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel[t�fh.az.gov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION 2018-44, abandonment of a portion of the 1' VNAE (Vehicular Non -Access Easement) on Plat 512, Block 1 , Lot 25 (14819 E. Golden Eagle Blvd.), as recorded in Book 373, Page 42 , records of Maricopa County, Arizona. (EA 2018-08) Applicant: Brent Hollanti Applicant Contact Information: Hollanti Custom Homes; brent@hollanticustomhomes.com Owner: MJFFH6 LLC Owner Contact Information: Frank Sparrow/Managing Partner; 1201 Manoa Road, Wynnewood PA 19096; Tele. (610) 761-5383 Property Location: 14819 E. Golden Eagle Blvd. Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon a portion of the 1' VNAE (Vehicular Non -Access Easement) along the SunRidge Drive frontage of Plat 512, Block 1, Lot 25 (14819 E. Golden Eagle Blvd.), as shown in the attached aerial photo. A 1' VNAE had been originally platted for the full length of this block in Plat 512. The 1' VNAE on the remainder of this block is needed to prevent through lots (as required by Subdivision Ordinance Exhibit 21) or to prevent driveway access too close to the collector street intersection (per Zoning Ordinance Section 7.03.A.5.i.ii, which requires an 85' separation from the collector street to a driveway); but the 1' VNAE segment proposed to be abandoned is not needed. Because this abandonment does not involve any Public Utiltiy Easement, the public utility companies have not been asked to approve this abandonment. Likewise, since this abandonment does not involve a Drainage Easement, Staff has not reviewed site drainage for this abandonment. The applicant has indicated his desire to include a lower level secondary driveway onto SunRidge Drive in his proposed house design (which would have been precluded by the existing 1' VNAE). This partial abandonment will allow that driveway entrance, while still restricting driveway access close to the collector street intersection. Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Funding Source: NA Page 1 of 2 If Multiple Funds utilized, list here: � . Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NIA Staff Recommendation(s): Staff recommends approval of RESOLUTION 2018-44, abandonment of a portion of the 1' Vehicular Non -Access Easement on Plat 512, Block 1, Lot 25. List Attachment(s): Aerial Photo Map; RESOLUTION 2018-44 with Exhibit "A" map SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2018-44, abandonment of a portion of the 1' Vehicular Non -Access Easement on Plat 512, Block 1, Lot 25. Prepared by: own Director's Ap2(ovak RobViFRodSers'I 16.1_ fnent Services Director 8 21 2 Approved: Grady E. Miller, Too ager \Vwv-u` $12112018 Page 2 of 2 PLAT 512, BLOCK 1, LOT 25 14819 E GOLDEN EAGLE BLVD LOT 25 � 1_4819; 7617 Y ABANDON lr'VNA 0100' p* , I�,v INA 4-65, .I RESOLUTION 2018-44 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE V VNAE (VEHICULAR NON -ACCESS EASEMENT) LOCATED ON PLAT 512, BLOCK 1, LOT 25, AS RECORDED IN BOOK 373, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA 2018- 08) RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the 1' VNAE (Vehicular Non -Access Easement) located on Plat 512, Block 1, Lot 25, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 373 of Maps, Page 42, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 4, 2018. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Interim Town Attorney Dickinson Wright, PLLC TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 512 AMENDED, LOT 25 GOLDEN EAGLE BLVD =84'37'34" 50 00, R =20.00' L =29.54' D =3'32'34" R =642.00' Tfl L =39.70' m RETAIN 1' NON VEHICULAR OI ACCESS EASEMENT L z 26 � I o cr C I Q f z w PLAT 515 AMENDED, C3 LOT 25 Ln C LC 0 I � c� N ABANDON 1' NON VEHICULAR (ACCESS EASEMENT N � 23.59' 10 LANG SG %5iC.ar���'F k v`" 16545 0 0 RANDY L I HARREL Q. ��� o sa' 30' i 24 �f° SCALE: 1" = 30' I �fzoNlA U •� p DATE: 8-21-18 I C"pires 3/3AIl$ �AtN TOWN OF FOUNTAIN HILLS �° TOWN COUNCIL AGENDA ACTION FORM ar 1s AK' Meeting Date: 9/4/2018 Agenda Type: Consent Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel@fh.az.gov; 480-816-5112 REQUEST TO COUNCIL_ (Agenda Language): CONSIDERATION OF RESOLUTION 2018-49, abandonment of a portion of the 20' Public Utility and Drainage Easement on Plat 401-B, Block 6, Lot 40 (16950 E. Nicklaus Drive), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2018-11) Applicant: Kim Edwards Applicant Contact Information: 16950 E. Nicklaus Drive, Fountain Hills, AZ 8528; Tele: 480-316-7430 Owner: Same Owner Contact Information: Same Property location: Same Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon a portion of the pre -incorporation 20' Public Utility and Drainage Easement on Plat 401-B, Block 6, Lot 40 (16950 E. Nicklaus Drive), as shown in the attached aerial photo. All of the public utilities have approved of abandonment of this easement. The applicant has submitted a Building Permit application (BP 2018-296) to construct a retaining wall, leveling out additional area surrounding their existing swimming pool (including part of the proposed abandonment area). Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general interest in the easement. There is no need for the Town to retain the portion of the drainage easement proposed to be abandoned, with the understanding that the owners of Lot 40 are required to pass the developed flows generated by the upstream lots across their property. Cypress Point Wash's 100 -year FEMA floodplain (as delineated in 1995) lies near the northeasterly corner of this lot. A portion of the drainage easement should be retained to allow for potential floodplain widening (due to increased flow from development of the tributary drainage area and/or from increased rainfall values). (The existing wrought iron fence in the rear of this lot may remain, including any portion within the existing easement area proposed to be retained.) Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA Page 1 of 2 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): NIA Staff Recommendation(s): Staff recommends approval of RESOLUTION 2018-49, abandonment of a portion of the 20' Public Utility and Drainage Easement on Plat 401-B, Block 6 , Lot 40 . List Attachment(s): Aerial Photo Map; RESOLUTION 2018- 49 SUGGESTED MOTION (for counciluse): Move to approve RESOLUTION 2018-49, abandonment of a portion of the 20' Public Utility and Drainage Easement on Plat 401-B, Block 6, Lot 40. Prepared by: Director's oval: 0 Rodgers, D opment Services Director 21 2018 AIWAved: f—, Grady E. Miller, T n anagen 8/2112018 Page 2 of 2 PLAT 401-13, BLOCK 6, LOT 40 16950 E NICKLAUS DR v i Ar Mlr 3c 1_ p. 0155 .0155 lssc�- -,.. .11%, & DE'?: ckp� essb. s0'0/07.. 1�', 0-t-, lio#, " - S& RESOLUTION 2018-49 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL_ OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE 20' PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE REAR PROPERTY LINE OF PLAT 401-B, BLOCK 6, LOT 40, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 155 OF MAPS, PAGE 12 RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain public utility and drainage easement, located at the rear property line of Plat 401-B, Block 6, Lot 40, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 155 of Maps, Page 12, a triangular easement area 10' wide at the easterly side property line, by 50' length at the rear property line shall be retained, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 4, 2018. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Interim Town Attorney Dickinson Wright, PLLC --- _ I '` �+W rr . �r�at is ATyti Meeting Date: 9/412018 Agenda Type: Consent TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Randy Harrel; Town Engineer; rharrel@fh.az.aov; 480-816-5112 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF RESOLUTION 2018-50, abandonment of a portion of the 10' Public Utility and Drainage Easement on Plat 204, Block 1, Lot 8 (12008 N. Lamont Drive), as recorded in Book 142, Page 10, records of Maricopa County, Arizona. (EA 2018-12) with stipulation Applicant; Patrick and Monica Krystianik Applicant Contact Information: 12008 N. Lamont Drive, Fountain Hills AZ 85268; Tele. (860) 707-3322; E mail: PATKRY78@g-mail.com Owner: Same Owner Contact Information: Same Property Location: Same Related Ordinance, Policy or Guiding Principle: NIA Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon a portion of the pre -incorporation 10' Public Utility and Drainage Easement on Plat 204, Block 1, Lot 8 (12008 N. Lamont Drive), as shown in the attached aerial photo. A future sidewalk may be constructed on the north side of Hawk Drive (and currently exists just 200' east of this property), upon potential future development of the large, currently vacant, property currently owned by the Fountain Hills School District (Plat 203, Block 2, Lot 1), which lies just west of Lot 8. Slope and/or landscaping will likely preclude placing this sidewalk fully within the existing Hawk Drive public right-of-way, so the applicant should grant a 10' Sidewalk Easement along Lot 8's Hawk Drive frontage, as a stipulation of this abandonment. All of the public utilities have approved of abandonment of this easement. However, existing utility boxes are in place just behind this lot, near the southeasterly corner of the School District's property. So, a portion of the southerly end of this PUE should be retained for potential future utility boxes on Lot 8. (A 30' x 10' PUE is shown to be retained, corresponding to the proposed, larger retained Drainage Easement area, as noted below.) Staff has reviewed the site to determine any on-site drainage issues in addition to the Town's general interest in the drainage easement. There is no need for the Town to retain the northerly 67'+1- portion of the drainage easement proposed to be abandoned, with the understanding that the owners of Lot 8 are required to pass the developed flows generated by the upstream lots across their property. A "Drainage Ditch" (30' -wide? Easement?) is shown adjacent to the northerly edge of the Hawk Drive right-of- way on the FH School District's adjacent property, on the Plat 203 Final Plat. Approximately 50 acres drains to this location; and, the 1995 Floodplain Delineation Study showed a 100 -year flow of 366 cfs in Malta Drain just south (downstream) of this location. So - due to the potential for a future drainage ditch coming into this Page 1 ci 2 location, and due to the large drainage flow at this location - the southerly 30' of the Drainage Easement on Lot 8 should be retained. The applicant's site plan shows the proposed 10' Sidewalk Easement, and their permitted rear/side fence plan (BP2018-171) lies outside of the 10'x30' PUE/DE area proposed to be retained. (Note: The recently constructed building on this lot does not show on the Town's current GIS mapping. So, Maricopa County's 2018 Preliminary Aerial Photo (anticipated for inclusion into the Town's GIS mapping system in early September) has also been attached, for information.) Risk Analysis (options or alternatives with implications): NIA Fiscal Impact (initial and ongoing costs; budget status): NIA Budget Reference (page number): NIA 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): NIA Staff Recommendation(s): Staff recommends approval of RESOLUTION 2018-50, abandonment of a portion of the 10' Public Utility and Drainage Easement on Plat 204, Block 1, Lot 8, with the following stipulation: * Grant a 10' Sidewalk Easement along the Hawk Drive frontage. List Attachment(s): annotated (Town GIS) Aerial Photo Map; 2018 Preliminary Maricopa County Aerial Photo: Annotated excerpt from Plat 203, Sheet 2; RESOLUTION 2018-50, with Exhibit "A" map. SUGGESTED MOTION (for council use): Move to approve RESOLUTION 2018-50, abandonment of a portion of the 10' Public Utility and Drainage Easement on Plat 204, Block 1, Lot 8, with stipulation. Prepared by: Director's B4naroval: ooFer ers, ent Services Director 812112018 A �roed Grady E. Miller, Manager 8121/2018 Page 2 of 2 PLAT 204, BLOCK 1, LOT 8 12008 N Lamont Drive 120(V-' 1 76027 760t, y ABANDON 2 $ 10' PUE & �` •' LOT DE # T Q OL uj LU 10 er Y t _ . • ae GRANT 10' SIDEWALK ESMT ,fes em RETAIN 3o'x10' (BY SEPARATE DOCUMENT) #60$36,3 M r PUE & DE SHEET 2 OF 6 SHEETS 5 ARIZONA 203 RECORDING DATE 0*wrlwe NO, BOOK NUMBER- PAGE NUMBER 23, T3N., R.6E.,Df the Inly, Arizona scale! 1"= 100' kRIZONA ffo-,, 0- Iv Pa e 4y j PROPOSED P.U.E. & D.E. -,0 jp!P1 ABANDONMENT f0 (D 4 12008 IN LA ONT DR yK ti PROPOSED 10'X30' P.U.E. & D.E. TO BE RETAINED 0 125' 250' SCALE: 1 250' ly DATE. 7-30-18 RESOLUTION 2018-50 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE NORTHERLY PORTION OF THE 10' PUBLIC UTILITY AND DRAINAGE EASEMENT, BUT RETAINING THE SOUTHERLY 30' OF SAID EASEMENT, OF PLAT 204, BLOCK 1, LOT 8, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 142, PAGE 10 OF MAPS. RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. ENACTMENTS: NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the northerly portion of the ten foot (10') public utility and drainage easement, but retaining the southerly thirty foot (30') of said easement, of Plat 204, Block 1, Lot 8, Fountain Hills, as recorded the Office of the County Recorder of Maricopa County, Arizona, Book 142 of Maps, Page 10, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 4, 2018. FOR THE TOWN OF FOUNTAIN HILLS: Linda M. Kavanagh, Mayor REVIEWED BY: Grady E. Miller, Town Manager ATTESTED TO: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Interim Town Attorney Dickinson Wright, PLLC TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 204, BLOCK 1, LOT 8 yo LOT % / 0 =03'19'04" <1 \ R =1420.0 ' r0. -110 L =82.23 �� \ �a� PLAT 204, BLOCK 1, LOT 3 =88'00'37" R =20.00' } 10' SIDEWALK EASEMENT L =30'72' 1 (BY SEPARATE INSTRUMENT) i ABANDON 10' , F, 2 P.U.E. & D.E. r p =19'21'24" p0� j 015% R =370.00' i 5�,y5$ u'v,3 L =125.00' PLAT 203, RETAIN 30'X10' BLOCK 2, i9 -i P.U.E. & D.E. 'p O� r—_� LOT 1 Lpi LANE} S fvICA 44 o 16545 ti0 Fo Q7RAiJDY L 7° HARREL 0 15' 30' $fe 1� S� SCALE: = 30' DATE: 7-30-18 1 kAIre, 3/3A/0 JjyRAINTOWN OF FOUNTAIN HILLS 4 Z n TOWN COUNCIL \Z.,..��tioo AGENDA ACTION FORM Meeting Date: 9/4/2018 Meeting Type: Regular Session , Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Craig Rudolphy, Finance Director, 480-816-5162; crudolphy@fh.az.gov REQUEST TO COUNCIL. (Agenda Language): CONSIDERATION OF two BUDGET TRANSFERS to reallocate funds at year-end in the total amount of $10,375.00 Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): The first budget transfer is for the Tourism fund and resulted from Tourism paying for the St. Patrick's Day event that Council desired. When the event was approved by Council, the Town's current year budget had already been established and funding for the event had not been budgeted. As a result of efficiencies of the Community Services Department, funding for this shortfall is available. The second transfer results from the method used by our paying agent for the Eagle Mountain CFD semi- annual debt service payment. Instead of recording interest earned by the bonds as revenue and reducing the amount of the debt service payment for interest on the bonds, the trustee applied the interest as a reduction of principal. Risk Analysis (options or alternatives with implications): Without these transfers, the budgets will have a budget shortfall and not be in compliance with the Town's adopted budget limits. Fiscal Impact (initial and ongoing costs; budget status): $10,375.00 Budget Reference (page number): Funding Source: NA If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): Budget Transfer form SUGGESTED MOTION (for council use): Move to approve BUDGET TRANSFERS in the amount of $10,375.00. Pagel of 2 Prepared by: A 812/2017 Director' pprovaL• n �,rj/'d Craig u o p y finance Director Approved: Grady E. Miller, T Man er 872V2018 Page 2 of 2 08/13/2018 14:03 TOWN OF FOUNTAIN HILLS BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION ACCOUNT LINE DESCRIPTION i '+6 P 1 bgamdent PAEV BUDGET AMENDED EFF DATE BUDGET CHARGE BUDGET ERR YEAR -PER JOURNAL EFF -DATE REF I REF 2 SRC JNL-DESC ENTITY AMEND 2018 12 411 06/30/2018 BUDGET BUA SHORTFALL 1 8 1 PRAD 7010 P&R-ADMIN 100-50-50-501-100-0106-7010- CONTINGENCY 25,000.00 -10,300.00 14,700.00 MOVE TO TOURAD-OVER BUDGET 06/30/2018 2 TOURAD 6506 TOURISM ADMINISTRATION 320-50-50-506-100-0106-6506- PROGRAM MATERIALS 4,448.55 2,500.00 6,948.55 FROM PRAD-OVER BUDGET 06/30/2018 3 TOURAD 6402 TOURISM ADMINISTRATION 320-50-50-506-100-0106-6402- PROFESSIONAL FEES 11,500.00 3,800.00 15,300.00 FROM PRAT] -OVER BUDGET 06/30/2018 4 TOURAD 6409 TOURISM ADMINISTRATION 320-50-50-506-100-0106-6409- PRINTING EXPENSE 00 2,000.00 2,000.00 FROM PRAD-OVER BUDGET 06/30/2018 5 TOURAD 6410 TOURISM ADMINISTRATION 320-50-50-506-100-0106-6410- ADVERTISING/SIGNAGE 30,100.00 2,000.00 32,100.00 FROM PRAD-OVER BUDGET 06/30/2018 6 EMCFD 9010 EAGLE MTN CFD DEBT SERV 52G-60-10-105-000-0410-9010- PRINCIPAL PAYMENTS 380,000.00 75.00 380,075.00 INTEREST APPLIED TO PRINCIPAL 06/30/2018 7 FINACCT 6401 FIN -ACCOUNTING 100-10-10-105-100-0105-6401- AUDITING EXPENSE 91,512.50 -75.00 91,437.50 INTEREST APPLIED TO PRINCIPAL 06/30/2018 ** JOURNAL TOTAL 0.00 MAYOR DATE z 08/13/2018 14:03 BBogdan CLERK: BBogdan YEAR PER JNL SRC ACCOUNT EFF DATE t w -OWN C:Ls TOWN OF FOUNTAIN HILLS1P BUDGET AMENDMENT TOURNAL JNL DESC REF 1 REF 2 OF FOUNTAIN ENTRY PROOF REF 3 ACCOUNT DESC LINE DESC T OB DEBIT ! 2 bgamdent CREDIT 2018 12 411 BUA PRAD-7010 CONTINGENCY 5 10,300.00 06/30/2018 SHORTFALL BUDGET T MOVE TO TOURAD-OVER BUDGET BUA TOURAD-6506 PROGRAM MATERIALS 5 2,500.00 06/30/2018 SHORTFALL BUDGET T FROM PRAD-OVER BUDGET BUA TOURAD-6402 PROFESSIONAL FEES 5 3,800.00 06/30/2018 SHORTFALL BUDGET T FROM PRAD-OVER BUDGET BUA TOURAD-6409 PRINTING EXPENSE 5 2,004.00 06/30/2018 SHORTFALL BUDGET T FROM PRAD-OVER BUDGET BUA TOURAD-6410 ADVERTISING/SIGNAGE 5 2,000.00 06/30/2018 SHORTFALL BUDGET T FROM PRAD-OVER BUDGET BUA EMCFD-9010 PRINCIPAL PAYMENTS 5 75.00 06/30/2018 SHORTFALL BUDGET T INTEREST APPLIED TO PRINCIPAL BUA FINACCT-6401 AUDITING EXPENSE 5 75.00 06/30/2018 SHORTFALL BUDGET T INTEREST APPLIED TO PRINCIPAL .00 .00 BUA 100-3920 APPROPRIATION CONTROL 10,375.00 06/30/2018 SHORTFALL BUDGET BUA 320-3920 APPROPRIATION CONTROL 10,300.00 06/30/2018 SHORTFALL BUDGET RUA 520-3920 APPROPRIATION CONTROL '75.00 06/30/2018 SHORTFALL BUDGET SUA 100-3940 BUDGETARY FB UNRES 10,375.00 06/30/2018 SHORTFALL BUDGET BUA 320-3940 BUDGETARY FB UNRES 10,300.00 06/30/2018 SHORTFALL BUDGET BUA 520-3940 BUDGETARY FB UNRES 75.00 06/30/2018 SHORTFALL BUDGET SYSTEM GENERATED ENTRIES TOTAL 20,750.00 20,750.00 JOURNAL 2018/12/411 TOTAL 20,750.00 20,750.00 �AIN�� Z (} �rrr� a �thut is Ar`1"� Meeting Date: 9/4/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Community Services Director, 480-816-5135 REQUEST TO COUNCIL (Agenda Lahr iul-�)) CONSIDERATION OF one budget transfer reallocating $850,000 from the Special Revenue Budget and all remaining Open Space Development Fees to the 2018119 Capital Improvement Budget for the completion and final payouts of the Adero Canyon Trailhead project (P3025). Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Funds budgeted in previous fiscal year and need to be reallocated to current fiscal year. Staff Summary (background): The Adero Canyon Trailhead project was begun in November 2017. The majority of this project was anticipated to be complete before the end of June 2018, correlating with the close of the associated fiscal year. During the project, timelines were delayed due to construction issues. As such, payments for progress were also impacted, resulting in a majority of the funding that was to be disbursed in FY18 being held into FY19. This change was not anticipated in the FY19 budget cycle therefore spending authority was not allocated within the current CIP budget. Staff is requesting a transfer of funding and spending authority of $850,000 to complete the Adero Canyon Trailhead project. This delayed payment schedule does not impact that overall cost of the project and all budgeted items are consistent with the project as presented in the FY18 budget cycle. Risk Analysis (options or alternatives with implications): There are insufficient funds allocated in the current year, a budget reallocation is needed in order to reconcile and complete this project. Fiscal Impact (initial and ongoing costs; budget status): This is not an increase or new funding, it is a reallocation of spending authority and budget to accommodate what was not expended in FY18. Budget Reference (page number): bbb Funding Source: NA If Multiple Funds utilized, list here: bb Budgeted; if No, attach Budget Adjustment Form: No Recommendation(s) by Board(s) or Commission(s): MMPC Commission chair recommends this action Staff Recommendation(s): Staff recommends this budget reallocation and transfer List Attachment(s): Budget transfer document Page 1 cf 2 SUGGESTED MOTION (for council use): Move to reallocate budget and spending authority in the amount of $850,000 from the Special Revenue Fund and Open Space Development Fees to the Capital Improvement Budget for the completion of the Adero Canyon Trailhead. Prepared by: Ra ael Good' , co munity Services Director 812112018 Director's Ap al: to Approved: Gra y E. Miller, M ager 8/21/2018 Page 2 of 2 08/20/2018 15;48 (TOWN OF FOUNTAIN HILLS 1 BBogdan BUDGET AMENDMENTS JOURNAL ENTRY PROOF Ip bgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION ?REV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET .ERR YEAR -PER JOURNAL EFF' -DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2019 02 93 08/20/2018 BUA P3025 1 7 1 CIPAD 4401 CAPITAL PROJECTS ADMIN GRANTS .00 -B50,000.00 -850,000.00 600-10-10-105-000-0106-4401- ADERO CANYON FROM SRF 08/20/2018 2 CIPPR 8070 P3025 PARK L REC CAP PROJECTS PARK IMPROVEMENTS 350,000.00 850,000.Oo 1,200,000.00 600-50-50-502-000-1602-8070-P3025 ADERO CANYON FROM SRF 08/20/2018 3 SRAD 4401 SPEC REV -ADMIN GRANTS -11000,000.00 850,000.00 -150,000.00 400-10-10-105-000-0710-4401- ADERO CANYON FROM SRF 08/20/2018 4 SRAD 7010 SPEC REV -ADMIN CONTINGENCY 1,000,000.00 -850,000.00 150,000.00 400-10-10-105-000-0710-707.0- ADERO CANYON FROM SRF 08/20/201.8 ** JOURNAL TOTAL 0.00 {'1AYUK DATE 08/20/2018 15:48 TOWN OF FOUNTAIN HILLS BBogdan BUDGET AMENDMENT JOURNAL ENTRY PROOF CLERK: BBogdan YEAR PER JNL SRC ACCOUNT EFF DATE JNL DESC REF 1 REF 2 REF 3 {P 2 Ibgamdent ACCOUNT DESC T OB DEBIT CREDIT LINE DESC 2019 2 93 BUA CIPAD-4401 GRANTS 5 08/20/2018 P3025 T ADERO CANYON FROM SRF BUA CIPPR-8070-P3025 PARK IMPROVEMENTS 5 850,000,00 08/20/2018 P3025 T ADERO CANYON FROM SRF BUA SRAD-4401 GRANTS 5 850,000.00 08/20/2018 P3025 T ADERO CANYON FROM SRF BUA SRAD-7010 CONTINGENCY 5 08/20/2018 P3025 T ADERO CANYON FROM SRF BUA 400-3920 08/20/2018 P3025 BUA 600-3920 08/20/2018 P3025 BUA 400-3930 08/20/2018 P3025 BUA 600-3930 08/20/2018 P3025 APPROPRIATION CONTROL APPROPRIATION CONTROL ESTIMATED REVENUES CONT ESTIMATED REVENUES CONT SYSTEM GENERATED ENTRIES TOTAL JOURNAL 2019/02/93 TOTAL .00 850,000.00 850,000,00 1,700,000.00 1,700,000.00 850,000.00 850,000.00 .00 850,000.00 850,000.00 1,700,000.()0 1,700,000.00 ghat is AY�ti Meeting Date: 9/4/2018 Agenda Type: Regular Staff Contact Information: TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Bob Rodgers, Development Services Director rrodgers,Qfh.az.gov REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT #C2018-075 with THE PLANNING CENTER for professional consulting services related to the update of the 2020 General Plan in an amount not to exceed $100,000, for a period of one year with two additional one-year optional renewals. Applicant: Development Services Department Applicant Contact Information: (480) 816-5122 Owner: Town of Fountain Hills Owner Contact Information: NA Property Location: NA Related Ordinance, Policy or Guiding Principle: NA Staff Summary (background): The Fountain Hills General Plan 2010 was approved by the Town Council on January 7, 2010. It was ratified by a vote of the public on May 18, 2010. The General Plan is a valuable document that provides guidance in both the physical and social development of the Town and it is the key guiding document when evaluating zoning changes. For the General Plan to remain a meaningful and relevant tool it must be kept current. The Town has changed in the ten years since the plan was approved. Population has increased, the goals of the Strategic plan are being implemented, and the Town's policies regarding the environment as well as our economic vitality have been updated. The General Plan 2010 has also been amended on five separate occasions over the last ten years and these amendments need to be fully incorporated into the plan. Therefore, there are a number of recommendations, plans, and projects that should be re-evaluated as part of this update. Arizona Revised Statutes 9-461.06.K, requires that a Town's General Plan be either re -adapted or, that a new plan be adopted every ten years. Due to the circumstances noted above, re -adoption of the existing plan would not be advisable. Staff issued a Request for Proposals for an update of the General Plan on May 2, 2018 and three firms responded. The responses were evaluated and rated by a committee comprised of Town staff and the Chairman of the Planning & Zoning Commission. The committee then requested that the two highest -scoring firms come in for interviews which were also evaluated and scored. The results of this analysis clearly showed that "The Planning Center" received the highest scores in all categories and is the best qualified to assist Fountain Hills with this update. Page 1 of 2 General Plan 2020 TC — 9/4/2018 Risk Analysis (options or alternatives with implications): The option of selecting one of the other firms would not be consistent with the evaluation process. The option of deferring the plan update would not be advisable considering the outdated information in the plan and the current budget allocation. Fiscal Impact (initial and ongoing costs; budget status): The approved budget allocates $100,000.00 for this General Plan update. The currently proposed fee is $99,970.00. There is no recurring cost in this contract. Budget Reference (page number): 181 Funding Source: General Fund If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends approval of Contract #C2018-075 as presented. List Attachment(s): Draft Contract #C2018-075 SUGGESTED MOTION (for Council use): Move to APPROVE Professional Services Agreement #C2018-075 with The Planning Center for professional consulting services related to the update of the 2020 General Plan in an amount not to exceed $100,000, for a period of one year with two additional one-year optional renewals. Prepared by: Z e '111� abert Rod rs, Development Services Director 812012018 Director's Approval: Obert Rodgers, Development Services Director 8/20/2018 Approved: Grady E. Miller, To n �2Or 8/22/2018 Page 2 of 2 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2018-075 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE PLANNING CENTER THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is entered into as of September 4, 2018, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and The Planning Center, an Arizona corporation (the "Consultant"). RECITALS A. The Town issued a Request for Proposals, DS 2018-02 "2020 GENERAL PLAN UPDATE" (the "RFP"), a copy of which is on file in the Town Clerk's Office and incorporated herein by reference, seeking proposals from vendors for consulting services for an update of the Fountain Hills General PIan 2010 (the "Services"). B. The Consultant responded to the RFP by submitting a proposal (the "Proposal"), attached hereto as Exhibit A and incorporated herein by reference, and the Town desires to enter into an Agreement with the Consultant for the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until November 30, 2020 unless terminated as otherwise provided in this Agreement. 2. Scope of Work. Consultant shall provide the Services as set forth in the Scope of Work, attached hereto as Exhibit B and incorporated herein by reference. 3. Compensation. The Town shall pay Consultant an amount not to exceed $100,000.00 for the Services at the rates as set forth in the Fee Proposal, attached hereto as Exhibit C and incorporated herein by reference. 4. Payments. The Town shall pay the Consultant monthly, based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 1 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2019-075 6, Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all levels. Consultant agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Consultant shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Consultant's performance. The Consultant shall provide and maintain a self -inspection system that is acceptable to the Town. 8. Licenses, Materials. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. The Town has no obligation to provide Consultant, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Consultant_ 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an "Indemnified Party"), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Consultant, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. H. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, 2 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract #E C2019-075 hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIz. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Ade uac . By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Consultant's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self -Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self - R TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2018-075 insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Consultant's insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Consultant's responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration a e s shall specifically include the folIowi_•ng provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO') Form CG 20 10 03 97 or equivalent. equivalent. insurance. (b) Auto Liability — Under ISO Form CA 20 48 or (c) Excess Liability — Follow Forin to underlying 4 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2018-075 (2) Consultant's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Consultant shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant's owned, hired and non -owned vehicles assigned to or used in the performance of the Consultant's work or services under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. 5 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2018-075 C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work in any way related to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant's employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days' prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town's Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Consultant of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non -defaulting party, such party will be in default. In the event of such default, the non -defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party's nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non -defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days' written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly R TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2018-075 involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Consultant an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation, This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Consultant fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then -current fiscal year and the Town and the Consultant shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Consultant, its employees and subcontractors are not entitled to workers' compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Consultant, its employees or subcontractors. The Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements of its agreed Scope of Work as set forth in Section 2 above and Exhibit B. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law, Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 7 TOWN OF FOUN'T'AIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2018-075 13.3 Laws and Re lug_ations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation, Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Consultant without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 139 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Consultant. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available bylaw in the event of any claim of default or breach of this Agreement. The failure of TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract #E C2018-075 the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attome s' Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Dickinson Wright, PLLC 1850 N. Central Ave, Ste 1400 Phoenix, Arizona 85004 Attn: Mitesh V. Patel If to Consultant: The Planning Center 1270 E. Broadway Rd. Ste 203 Tempe, AZ 85282 Attn: Jessica Sarkissian, Principal 4 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2018-075 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Consultant's duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Consultant and its subcontractors are complying with the warranty under subsection 13.17 below, Consultant's and its subcontractor's books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Consultant and its subcontractors' employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Consultant's and its subcontractors' actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Consultant and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Consultant pursuant to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E -verify Re uirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Consultant and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E- 10 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2018-075 verify requirements under ARIZ. REV. STAT. § 23-214(A). Consultant's or its subcontractors' failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARiz. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Scope of Work, any Town -approved Purchase Order, the Fee Proposal, the RFP and the Consultant's Proposal, the documents shall govern in the order listed herein. 13.20 Non -Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.21 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions ("Eligible Procurement Unit(s)") are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. [SIGNATURES ON FOLLOWING PAGES] 11 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract ## C2018-075 1N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2018, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation., whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 12 TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Contract # C2018-075 "Consultant" THE PLANNING CENTER, an Arizona corporation 7 J ca Sarkissian, Principal (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On J , 2018, before me personally appeared Jessica Sarkissian, the Princi 1 of The Planning Center, an Arizona Corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of the corporation. t � AMANDA NICOLE $AYHAM Notary Public - Arizona', Markopa County • ,,,, % My Comm- Expires Mar 21, 2022 Notary Public (Affix notary seal here) 13 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE PLANNING CENTER [Consultant's Proposal] See following pages. ��-•�. s� ..c �• x -. Vis- J -r' �'L• r�T ti 1' + a -y � r� t )Y �y � - Y F x t � � • T� � {{ '�yY}"., ��� • � * lY -I �y � t ]I,�I j��'(� �i Ai �.� i' n , -SSM J.a4' � '4 __ .1 .�., � �'/ .J��p- '.r' � Li�i. - 7'^• lit'- # - ,� — � f�-,�`i �:�u. 44 /Or AF �. a Q9 � 1 � 44 �'•:� ..'s, 111'.3 y l c _ Town of Fountain Mills 2020 General Plan Update DS2018-02 MOMs - 1 71 1. COVER LETTER June 20, 2018 Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 Subject: Fountain Hills 2020 General Plan Update (DS 2018-02) Dear Selection Committee, With enthusiasm, we submit The Planning Center proposal for the preparation of the Town of Fountain Hills General Pian Update. Fountain Hills is a unique and world-renowned community with many possibilities and opportunities in its future. This General Plan Update will allow the Town to move toward its fullest potential and utilize best practices for future development. The Planning Center has been a contributing force in strengthening the Southwest region since 1985. With offices in Tucson and Tempe, Arizona, The Planning Center offers expertise in all aspects of community and regional planning, community design, landscape architecture, sustainable best practices, socio-economic/demographic analysis, economic development, GIS/graphic analysis, and all facets of public engagement and community involvement. Our firm has spearheaded many award winning General Plans in the Southwest. With our partners in success, Bowman Consulting, Elliott D. Pollack & Company and local planner Loras Rauch, AICP, our team provides a wealth of on -the - ground knowledge of the area's circulation, water and wastewater resources, infrastructure planning, economic feasibility and local Town knowledge. Each of our key team members has the capacity and commitment to complete the scope of work described in the proposal within the stated timeframe and proposed budget. As a Principal, I am authorized to make this offer. The enclosed proposal is valid for 90 days. We also acknowledge and agree to Addendum Items # 1, 2, and 3 dated May 10 and May 17, 2018 Thank you for the opportunity to submit our Proposal. Sincerely, Jessica Sarkissian, Principal THE PLANNING CENTER Ph: (480) 750.7300 2. FIRM EXPERIENCE & SIMILAR PROJECTS With headquarters in Tucson, Arizona and a local office in Tempe, Arizona, The Planning Center assembled a team that includes the best local experts with a strong understanding of the Town of Fountain Hills and the regions' dynamics, economy, politics, infrastructure, regulatory framework, and environment, supplemented by regionally and nationally recognized specialists. Our team includes The Planning Center, Bowman Consulting, Elliott D. Pollack & Company and Contract Planning Services. This project team has successfully worked together in previous projects and share the level of professionalism, work ethics and technical acumen valued by the Town of Fountain Hills. Most importantly, this project team recently collaborated on the Fountain Hills State Land property on the north side of Town and are aware of the impact this site has on the growth and future of Fountain Hills. (� THEPLANNINGCENTER v otu!s,c,) c;t IPC Gr.aur tn,. The Planning Center The Planning Center uses the latest technologies to create planning solutions to challenges facing communities. The Planning Center excels in general and comprehensive planning, and has a track record of multiple award-winning general and comprehensive plans and their respective community engagement processes. Services include regional, general, comprehensive, area, neighborhood and master planning and design, growth management, landscape architecture, community visioning and meaningful public engagement. Our office cultivates an atmosphere of high standards and our team of talented professionals care deeply about what we do. The Planning Center's depth of resources and staff assure effective and imaginative solutions tailored to fit our clients' specific needs. As a woman -owned business, The Planning Center is DBE certified by the State of Arizona and recognized as a SBE/DBE through the City of Tucson certification process. The Planning Center Experience Preparing Comprehensive Plan Projects Envision Safford: City of Safford General Plan Client: I City of Safford Reference Project Length: Key Personnel Roles Awards: Link: Dustin Welker (Community Development Director at that time), Graham County Administrator DWelker@qraham.az.gov (928) 428-3250 April 2015 to late 2016 (ADOPTED 2016) The Planning Center: Linda Morales, Principal -in -Charge; Maria Masque, Project Manager, Lead Planner & Outreach Coordinator; Brian Underwood, GIS and mapping; Daniel Bradshaw, Landscape Architecture, Parks, Recreation and Graphics. American Planning Association (APA) Arizona Best General Plan 2017 APA Arizona Best Public Participation 2016 hfti2://www.citvofsafford.us/DocumentCenter/View/l 225 Aspire: Town of Sahuarita General Plan and Sahuarita East Conceptual Area Plan (SECAP) Client: Reference Length of Project: Key Personnel Roles: Year Adopted Awards: Link: Town of Sahuarita Sarah More, Planning and Building Director, sm_ore(@sahuaritaaz.aov (520) 822-8853 2013 to 2015 (ADOPTED 2015) The Planning Center: Linda Morales, Principal-in-Charge/Project Manager, Lead Planner, Policy Writer, Facilitator; Maria Masque, Planner, Policy Writer; Brian Underwood, GIS and mapping in partnership with Town GIS team; Daniel Bradshaw, Landscape Architecture, Parks, Recreation, Graphics. Kimley-Horn: Brent Crowther, transportation planning and engineering updated the MS&SR concurrent to general plan and SECAP Conceptual circulation/multi- modal road system network. 2015 Aspire won the APA Arizona Best General Plan 2016 and the SECAP won an APA Award and the MPA Common Grounds Awards for exemplary collaboration as one of the 20 top projects of the year in 2015. htt :Iisahuaritaaz, ov/DocumentCenterNiew11169 As lead consultant, The Planning Center facilitated an advisory group including the Town of Sahuarita, the Arizona State Land Department, the Sonoran Institute, the Drachman Institute and top representatives and major employers in real estate and land development, to create a conceptual plan for a future model community in a semi -arid environment. The draft conceptual plan supports a high-tech, environmentally -friendly, live/work environment on a large area of Arizona State Trust Land directly east of the current Town boundaries. It includes areas for residential, commercial, industrial, employment and mixed-use developments. To meet a diversity of social, cultural, environmental and recreational desires by residents and a future workforce, the plan includes policies promoting plazas, open space, cultural and community spaces, wash preservation, and other recreational amenities. Experience garnered and lessons learned during the SECAP planning process will assist in the development of growth scenarios for the ASLD properties. The SECAP was rolled into the general plan process during the Town of Sahuarita General Plan. For reference, key personnel and project link, see Aspire: Town of Sahuarita General Plan provided above. Pima Prospers: Pima County Comprehensive Plan Client Reference: Length of Project: Key Personnel Roles: Year Adopted: Awards: Link: Pima County Carmine DeBonis Jr., Carmine.DeBonis@pima.gov ; (520) 724-8661 2013 to 2015 (ADOPTED 2015) The Planning Center: Linda Morales, Principal-in-Charge/Project Manager/Planer/Policy writer; Maria Masque/Project Manager/Lead Planner/Policy Writer; Brian Underwood, GIS and mapping working with Pima County GIS team; Daniel Bradshaw, Landscape Architecture, Parks, Recreation, Graphics, Illustrations. 2015 APA Arizona Best General Plan 2016 and MPA Common Ground Award for exemplary collaboration as one of the 20 top projects of the year in 2015, http://webcros.pima.govlgovernment/pima prospers/ a Designed to have countywide applicability, the Environmental Element of Pima Prospers anticipated effects of implementation of plan elements on natural resources. As part of the comprehensive plan process, the Maeveen Marie Behan Conservation Lands System (CLS) designed to protect biodiversity and provide land use guidelines consistent with the conservation goal of the Sonoran Desert Conservation Plan (SDCP) and the SDCP were updated and integrated in the Comprehensive Plan. Strategies such as Transfer of Development Rights (TDR) as well as designation of giving and receiving TDR areas were also defined as part of Pima Prospers. The County concurrently updated the MS&SR which was successfully integrated to land use efforts. The Planning Center Additional Comprehensive and General Plan Experience • Kayenta Township Comprehensive Plan and Zoning Ordinance, Kayenta Township, Navajo Nation, Arizona (2012). Received the APA Arizona Best Comprehensive Plan Award 2014. Kayenta is the growth center of the Navajo Nation. Role of team members that will be involved in the Town of Fountain Hills General Pian: Maria Masque, Principal -in -Charge, Project Manager, Lead Planner, Policy Writer, Project Analysist, Design Charrette and Outreach Coordinator, Facilitator; Daniel Bradshaw, Landscape Architecture, Parks, Recreation, Trail System, Streetscape Design, Illustrations, Meeting Facilitation, Design Team Coordinator. • City of Nogales General Plan. Nogales, Arizona (2010). Its major focus was employment and revitalization. Role of team members that will be involved in the Town of Fountain Hills General Plan: Linda Morales, Principal -in -Charge, Planner, Policy Writer, Facilitator; Maria Masque, Project Manager, Lead Planner, Policy Writer, Project Analyst, Outreach Coordinator, Facilitator. EI Mirage General Plan. EI Mirage, Arizona (2010). EI Mirage General Plan was the first fully sustainable plan adopted in the state of Arizona. This innovative general plan received the APA Arizona Best Public Participation Award 2009 for public participation, and the prestigious Valley Forward Best Livable Community Plan in the Phoenix Metropolitan Area Merit Award 2011. Role of team members that will be involved in the Town of Fountain Hills General Plan: Linda Morales, Principal -in -Charge, Planner, Policy Writer, Facilitator; Maria Masque, Project Manager, Lead Planner, Outreach Coordinator, Facilitator, and coordinator of EI Mirage Park Bench Interviews and Oral History Podcast projects. • Queen Creek General Plan. Queen Creek, Arizona (2007) with a focus on revenue generating and employment uses. Rale of team members that will be involved in the Town of Fountain Hills General Plan: Linda Morales, Principal -in -Charge, Planner, Policy Writer, Facilitator; and Maria Masque, Project Manager, Lead Planner, Policy Writer, Project Analyst, and Outreach Coordinator. • Pascua Yaqui Tribe General Plan. Pascua Pueblo, Arizona (2005). With a resort, hospitality and entertainment focus, Pascua Pueblo is the growth center of the Pascua Yaqui Tribe. Role of team members that will be involved in the Town of Fountain Hills General Plan: Linda Morales, Principal -in -Charge, Project Manager, Planner, Policy Writer, Facilitator; and Maria Masque, Project Manager, Lead Planner, and Outreach Coordinator. Bowman C 0 N S t.3 L T t i' G Bowman Consulting Established in 1995, Bowman Consulting Group, Ltd. (Bowman) is a national engineering and design consulting firm that specializes in providing a wide range of engineering and surveying services to both the public and private market sectors. From its local offices in Tempe, Tucson, Peoria and Safford, Bowman provides surveying and civil engineering services for public and private. Bowman Consulting engineers and project managers have earned a reputation for delivering timely and economical solutions to virtually every type of civil engineering challenge. We command comprehensive and up to date knowledge of local, state and federal regulations. We are adept at integration into the project team and effectively work to facilitate communication with Clients, architects and other subconsultants to ensure seamless design and prompt issue resolution. Our expertise in site design and knowledge of industry and governmental standards enable Bowman Consulting to provide our Clients with superior service on any site development project. a d & Company Elliott D. Pollack & Company Elliott D. Pollack & Company is headed by one of Arizona's most noted economists. Since 1987, the firm has been offering a broad range of economic and real estate consulting services backed by the most comprehensive database found in Arizona. The firm offers a broad range of economic and real estate consulting services backed by one of the most comprehensive databases found in the nation. This information makes it possible to conduct economic forecasting, develop economic impact studies and prepare demographic analyses and forecasts. Econometric modeling and economic development analysis and planning are also part of our capabilities. The staff includes professionals with backgrounds in economics, urban planning, financial analysis, real estate development and government. These professionals serve a broad client base of both public and private sector entities that range from school districts and utility companies to law firms and real estate developers. Contract Planning Services Contract Planning Services founded in 1995, is an award-winning consulting firm and is considered to be a leader in the field of municipal ordinance work by its clients and peers. The firm is an Arizona corporation that specializes in the development of municipal zoning and land use ordinances, community planning, and public participation. The firm works with both large urban cities and small rural communities to develop the specific planning tools necessary to implement each community's unique vision. In addition to the development of ordinances, the firm provides municipal planning staff services to communities in the state of Arizona. The firm has a `client first" philosophy and a business motto to go above and beyond their clients' expectations. Loras Rauch, AICP of Contract Planning Services will assist The Planning Center in all aspects of public outreach. a I Staff Capabilities & Assignments This section includes the Key Team Members Bio, their Roles & Responsibilities in the Town of Fountain Hills General Plan Update and at least two comparable projects in which the team member has played a significant role. The Team Members Resumes are included in the Appendix section. Project information is included in the previous section. The Planning Center Linda Morales, AICP, Qualifications, Role & Responsibilities: Linda is the owner and CEO of The Planning Center and has been a planning consultant for over 22 years. At The Planning Center, Linda has gained a wide range of consultant experience working for local, state and federal governments, non -profits, developers, builders and property owners on a variety of projects. Her diverse experience gives her a unique perspective that allows her to understand both jurisdictional and developer points of view, bringing a balanced perspective to projects. She successfully facilitated dialogue between stakeholders, developers, Arizona State Land Department, the Sonoran Institute and the Drachman Institute concerning conceptual plans for Sahuarita's SECAP, a model future city and has been directly involved in numerous general plan updates in Southern Arizona. Linda will assist in land use scenario building, analysis, and policy writing. Related Experience: Safford, Sahuarita, Nogales, EI Mirage, Queen Creek, Douglas, Bisbee, and Pascua Yaqui Tribe general plans and Pima County and Kayenta Township comprehensive plans. Percent of the Total Team Effort: a% Jessica Sarkissian, AICP, LEED AP, Qualifications, Role & Responsibilities: Jessica is the principal overseeing the General Plan Project update. She serves as lead planner, coordinates outreach efforts and moderates high profile public participation programs. With more than 15 years of experience in the planning field, a unique background of public and private sector development and municipal volunteer experience, Jessica offers the local knowledge, bench strength and perspective needed for project success. Jessica specializes in rezonings, general and comprehensive plan amendments, variances, use permits, design review, site plan review, public outreach, text amendments and public meetings and presentations. Jessica has worked on a variety of projects from small scale residential and master planned communities, to multi -family, assisted living, commercial and industrial projects throughout the Phoenix metropolitan area. She works successfully with engineering firms, architects and land use attorneys to provide open communication and deliver successful results. Her project management skills allow her to keep complex planning projects under budget and on schedule, and her knowledge of the Town of Fountain Hills and its relationships with Town staff makes her an ideal Principal-in-Charge/Project Manager for this project. Related Experience: Town of Clifton General Plan (ongoing), Town of Gilbert 2010 General Plan, Fountain Hills Study Area for AZSLD, North Pinal Study Area for AZSLD, and City of Mesa Inner Loop Plan (ongoing). Percent of the Total Team Effort: 20% Maria Masque, Qualifications, Rale & Responsibilities: Maria will serve on this project coordinating public and community outreach and visioning for the Fountain Hills General Plan Update. With more than 27 years of experience preparing general plans, 19 of those in Arizona with The Planning Center, Maria has authored more than 50 General Plans and prepared numerous redevelopment and revitalization plans and design guidelines throughout Arizona and Florida. She has served as the lead plannerlanalyst and policy writer for all the general plans prepared by The Planning Center since 2000. Her areas of expertise include land planning, growth management sustainable agricultural conversion, tech nologylinnovation and Smart City Design. She brings a regional economic development approach to planning and design. Related Experience: Safford, Sahuarita, Nogales, EI Mirage, Queen Creek, Douglas, Bisbee, and Pascua Yaqui Tribe general plans and Pima County and Kayenta Township comprehensive plans. Percent of the Total Team Effort: 10% Daniel Bradshaw, PLA, ASLA, Qualifications, Role & Responsibilities: A registered Landscape Architect in Arizona, Daniel leads the graphic communications, design and landscape architecture division of the firm. He is responsible for site, landscape, streetscape, trail system, wayfinding and park and sports facilities visioning, branding and design. Daniel has worked on varying scales of landscape and planning projects of various scope and sizes serving a variety of local, state, and national clients including international firms like FLAD Architects (graphic above) and NBBJ Architects' Seattle offices. He has also guided the creation of planning manuals, design guidelines and standards, including branding and theming packages. His specialties also include environmental graphic design, 3D Modeling, and site/architectural visualization. As a multi -talented professional and extraordinary presenter with exceptional artistic and graphic capabilities, he will work closely with Town of Fountain Hills Communications Department to create the branding conveying the distinct image and identity of the Town of Fountain Hills in all documentations and for incorporating the latest water harvesting, water reuse, irrigation, water conservation and habitat integration principles in the general plan policy framework. Related Experience: City of Safford and Town of Sahuarita general plans, SECAP, Pima County and Town of Kayenta comprehensive plans. Percent of the Total Team Effort: 5% Brian Underwood, Qualifications, Role & Responsibilities: Brian's experience includes Geographic Information Systems (GIS) database management and mapping, regional development, web -based mapping applications, and demographic and socio-economic analysis. He will work closely with the Town of Fountain Hills GIS team to convey the work assignments enumerating all the mapping and analyses required to support the policy framework of the general plan. Brian also is a skillful presenter and facilitator with ample experience in community engagement and meeting facilitation. Related Experience: City of Safford and Town of Sahuarita general plans, SECAP, Pima Prospers: Pima County Comprehensive Plan mapping and analysis. Percent of the Total Team Effort: 10% Amanda Bayham, Qualifications, Role & Responsibilities: Amanda's experience includes Geographic information Systems (GIS) mapping, regional planning, and demographic and socio- economic analysis. She will assist Brian with the Town of Fountain Hills GIS project tasks for all the mapping and analyses further supporting the policy framework of the general plan. Amanda is also a key part of the team's research and data collection group and is skilled at quickly collecting and reviewing data for use in the plans analysis and review. Related Experience: City of Phoenix General Plan Update Research and Analysis, Town of Clifton General Plan (ongoing), Town of and City of Mesa Inner Loop Plan (ongoing), City of Phoenix Water Demographics forecasting analysis and mapping (ongoing), City of Scottsdale 2018 ADA Transition Plan. Percent of the Total Team Effort: 15% University of Arizona Tech Park at The Bridges Technology Precinct Plaza Concept, Prepared by The Planning for FLAD Architects, Seattle. a Bowman Consulting Troy Peterson, P.E., Qualifications, Role & Responsibilities: Mr. Peterson is a Principal with Bowman Consulting with more than 24+ years of experience in civil engineering project design, planning, construction management, and project management. Throughout his career, Mr. Peterson has been involved in all facets of the planning, design, and construction of Master Planned Communities, and large infrastructure projects coupled with residential, commercial, public parks, and industrial developments. His expertise includes due diligence, planning, infrastructure analysis, engineering design, value engineering, and construction analysis. Related Experience: working in tandem with The Planning Center Troy has worked on the Fountain Hills Study Area for AZSLD, North Pinal Study Area for AZSLD, and City of Mesa Inner Loop Plan (ongoing). Percent of the Total Team Effort: 5% John Gray, P.E., Qualifications, Role & Responsibilities: Mr. Gray is a Senior Project Manager with experience in residential, commercial, industrial, educational, and municipal projects. John's leadership has been developed through more than 32 years of civil engineering experience in civil engineering project design, planning, construction management, and project management. Throughout his career, Mr. Gray has been involved in all facets of the planning, design, and construction of residential, commercial and industrial site development projects. His expertise includes due diligence, planning, infrastructure analysis, engineering design, value engineering, and construction analysis. His experience includes preparing all phases of construction documents for commercial/industrial sites, residential, public works and institutional campus facilities. Related Experience: Northwind Chilled Water System, Phoenix, AZ, Ryan Road Sewer Line Expansion, Queen Creek, AZ, Ellsworth Road Widening, Queen Creek, Arizona, and Mesa Main Street Bus Rapid Transit and Arizona Avenue/ Country Club BRT City of Mesa, City of Chandler and Town of Gilbert, AZ. Percent of the Total Team Effort: 10% Elliott D. Pollack & Company Rick Merritt, Qualifications, Role and Responsibilities: Rick Merritt is the President and one of the founders of Elliott D. Pollack & Company. Mr. Merritt is responsible for management of economic consulting assignments. Mr. Merritt has more than thirty-five years' experience in the fields of real estate development and consulting, City planning, and project management in the Phoenix area. Mr. Merritt specializes in economic and fiscal impact analysis, real estate market and financial feasibility, and land use analysis. He has supervised the completion of numerous market and feasibility studies of the retail office, industrial and residential real estate sectors. Related Experience: Conducted extensive data collection and research assignments into infrastructure investments; public policy; economic, demographic, and housing statistics; workforce development; development agreements; and numerous other economic and land projects for the Arizona State Land Department (AZSLD), the City of Mesa, the City of Phoenix, the City of Scottsdale, Town of Gilbert and many others. Percent of the Total Team Effort: 10% Contract Planning Services Loras Rauch, AICP, Qualifications, Roles & Responsibilities: Loras Rauch, AICP is founder and president for the firm, Contract Planning Services, and has over thirty years of experience in the fields of planning, community development, and project review. Loras provides planning, technical expertise, and project management for all of Contract Planning Services clients and is directly responsible for all projects in which the firm is involved. Loras has been responsible for the development of over 30 different land use ordinances for the firm. These projects have consisted of zoning ordinances, sign ordinances, subdivision ordinances, design standards and development guidelines for cities and towns throughout Arizona and Texas. In 2009, Loras completed the Form - Based Codes Institute training and is now certified to write and develop Form -Based Codes for communities. Related Experience: The Coconino County Comprehensive Plan Update 2015, The Gila River Indian Community Seven Districts Master Plan, The Surprise Heritage District Zoning Text Amendment (ongoing), and for several years organized the Town of Fountain Hills: World Town Planning Day" with Fountain Hills Middle School. Percent of the Total Team Effort: 10% PROJECT ORGANIZATIONAL CHART A The Planning Center as Lead Consultant Subconsultants 1. Bowman Consulting 2. Elliott D. Pollack & Company 3. Planning Contract Services Linda Morales. AICP Owneri CEO The Planning Center Fountain Hills Project Manager • Town of Fountain Hills The Planning Center: 1. Planning Department 1. Jessica Sarkissian PMI 2. Communications Department Lead Planner 3. GIS Department 2. Linda Morales Owner/ 4. Departments Involved in CEO Development Review Subconsultant Principals as Process applicable to the various tasks 5. Community and Jessica Sarkissian, AICP PM/ Lead Planner The Planning Center Loras Rauch, AICD i` Troy Peterson, PE Communications °` Civil Engineer Planning Contract Bowman Consulting Public Outreach John Gray, PE Coordination, Or Civil Engineer Public Meeting Planning Bowman Consulting and Local Representative Jeff Swanita CAD Designer Bowman Consulting Transportation, Infrastructure, Environmental, Public Facilities, Resource Management Neighborhood Services • Consultant Team Daniel Bradshaw PLA: Designer The Planning Center Brian Underwood GIS, Planner. Mapping The Pianning Center Maria Masque Public Mtgst Visioning The Planning Center Amanda Bayham Planner, GIS, Mapping The Planning Center Planning, Design, Parks, Recreation, Graphics, Public Outreach Rick Merritt, Analyst Elliott D. Pollack & Company I Daniel Court Elliott D. Pollack & Company Fiscal Analysis, Economic Development Demographic/ Socioeconomic Cost of Development 10 ORGANIZATIONAL CHART B Project Teams Organizational Chart • Major Private Land • Chair P&Z Commission Owners • Town Council Member • Realtors • Town Manager • Fountain Hills • Town Economic Chamber of Development Commerce • Adjacent Jurisdictions • Major Employers • Fort McDowell Yavapai • Business Owners Nation • Economic • Salt River Pima-Maricopa Development Indian Community • Developers • Maricopa County Flood • Investors Control • Neighborhood • Arizona Department of Representatives Transportation (ADOT) • Special Interest • Arizona State Land Groups Department (ASLD) • Other Stakeholder • Other Major Public Land Groups Owners 4. Project Understanding & Method of Approach The Planning Center's Comprehensive, Systematic, and Inclusive approach to General Plan preparation resolves controversial issues and political climate by understanding the role of each component of the plan in the overall health, economic vitality, sustainability, and quality of life of the municipality. This holistic approach incorporates the community's strengths and opportunities while identifying physical and regulatory barriers and gaps at different scales, utilizing a multi -faceted framework that allows analysis at both macro (Town -wide) and micro (Town sub -region or character area) scales. It encompasses a comprehensive review of documents and in-depth analysis of opportunities and constraints performed in collaboration with Town staff. It phases the project in a systematic and inclusive manner that allows constituents to make informed decisions when engaging in the public participation and visioning processes. Multi -Faceted Project Framework. The establishment of a multi -faceted project framework provides a solid foundation essential for project success. Lack of such organizing principles results in an overwhelming amount of data and analysis that serves no purpose and leads to confusion, frustration and either anger or apathy towards the planning process. Based on years of experience and continued refinement, four interactive frameworks are necessary to successfully manage the planning process and avoid unnecessary pitfalls. General Plan Framework: Establishes the organizational structure of the project by organizing information into: 1) Executive Summary; 2) Background and Current Conditions including a summary of findings based on physical and regulatory opportunities and constraints analysis needed to support each element; 3) General Plan Policy, contains the Visioning Statement and policy framework for each Plan Elements, including Guiding Principles, Goals, and Policies; 4) Plan Implementation Strategies and 5) the Public Participation Plan adopted at earliest stages of the process. This user-friendly structure allows easy access to the different aspects of the project in accordance to user's needs. The Executive Summary serves as a marketing tool to attract major employers and developers. This streamlined policy provides an easy road map for decision makers, staff overseeing the development review process, developers and investors and allows administrative periodic updates of data and analysis that inform the General Plan Policy. It also clearly defines minor and major General Plan amendments as prescribed by the Arizona Revised Statutes in a manner that supports the Town's strategic vision. Project Management Framework: Allows the planning process to effectively move smoothly and includes: 1) Project Management Team (PMT), which includes Consultant Team (CT) principals and the Town Project Manager. The PMT ensures that all aspects of the project are clearly communicated to elected and appointed officials as well as Town and Consultant staff working day-to-day on the project. This Team will have one monthly meeting or conference call; 2) Project Team (PT) includes representatives of all the departments in the Town of Fountain Hills involved in the development review process, the Development Services Director, as well as Town staff and staff designated to the development of the various aspects of the project (GIS, communications, mapping, calculation, graphics, etc.) working collaboratively. The PT presents an opportunity to approach general plan components in a manner that enables a solid partnership between the different Town departments and the Consultant Team, 3. Public Engagement Framework: Includes: 1) Technical Advisory/Steering Committee (TASC), which may include one representative from the Town Manager's Office, one (1) representative from the P&Z Commission and from Mayor and Council; representatives from adjacent jurisdictions, ASLD, ADOT, and other representatives and stakeholders acting in a technical advisory capacity offering guidance throughout the planning process; 2) Stakeholders Team (ST), may include major private land owners, the Fountain Hills Chamber of Commerce, Fountain Hills School District, developers, both Native American Communities, business owners, Fountain Hills Sanitary District, EPCOR Water Company; the City of Scottsdale, and 12 neighborhood HOA representatives; 3) Planning and Zoning Commission and Mayor and Council Study Sessions open to the public under sunshine law at major project milestones; and 4) Public Hearings. Public Participation and Community Outreach Approach. Successfully engaging Fountain Hills citizens to help them understand and contribute to the Town's General Plan Update requires reaching all segments of the Town's diverse community. The Planning Center will work collaboratively with local resident and land use planner Loras Rauch, AICP, to solidify a strategic and well-defined Public Participation Pian that aligns the best community engagement practices with the Town's goals of transparency, inclusiveness, adaptability, and responsiveness. Project Branding. Our team will work with the Town's communication team and key stakeholders at early stages of the project to develop a unique and engaging identity for the General Plan Update that aligns with the Town's brand to utilize during the public outreach process. Designed to set the General Plan apart from previous efforts, the brand will inspire engagement. The brand will be reflected in all materials and activities used to engage and inform the public to create a General Plan theme. 2. Methods of Engagement. a. Public Meetings: Public meetings would occur at major milestones when public understanding and consensus -building are important to maintain trust in the public process as provided in the Project Work Plan and Schedule section. Methods of engagement can include bilingual communication for Spanish speakers. The team includes two English/Spanish speakers/translators. b. Attendance at Community Events: Attendance at Fountain Hills two (2) community events which may include the annual Fountain Hills Fall and Spring Festivals of Fine Arts and Crafts, the Thanksgiving Day Parade, the St. Patrick's Day Celebration, or the Easter Eggstravaganza can be an opportunity for public engagement and present opportunities to inform, engage and survey attendants. c. Youth Outreach: Outreach to the local schools will provide opportunities to engage young residents as well as their parents as to what the Town needs. Our team has used a variety of methods to achieve this including online tools, elementary and middle school art exhibits and high school essay competitions as ways of engaging the Town younger residents. d. Digital Outreach: We will utilize the Town's existing social media accounts such as Facebook, Twitter, Nextdoor, YouTube and Linkedln as well as the Town website to engage residents of all ages, gather information through in person surveys and inform through community conversations. e. Project Updates: Approaches to keeping community leaders, major stakeholders, Town appointed and elected officials and staff apprised and involved will include TASC and ST meetings and P$Z/Town Council Study Sessionsipublic hearings at major milestones to inform, foster understanding, and develop a sense of ownership that will help build a strong alliance of General Plan Advocates who will help foster support that leads to success on election day, when it is time to ratify the General Plan, 5. General Plan Scope of Work Ongoing: Project Management/Coordination. Includes a monthly meeting with PMT, project accounting, prioritization, and quality control. Task 1 — Finalization of Work Plan and Project Schedule. One (1) Scoping Meeting with designated Town PM and staff to finalize the Work Plan and Project Schedule, clearly define the responsibility of the Town and the Consultant, prepare project budget and execute project contract with the Town and subconsultant agreements. Task 2 - General Plan Community Engagement/Public Participation Plan (PPP). Preparation of the final PPP further finetuning the approach and methods provided in earlier pages with Town input to provide meaningful, effective, early and continuous public engagement including: 1) Legislative Framework (Arizona Statutes Requirements for public outreach); 2) General Plan Teams and Committees Structure; 3) Meeting Types, Frequency and Format including Town Department Heads Interviews, Community Events, and Open Houses ; 4) Communications Protocol; 5) Webpage Content and Survey Management; 6) Strategy for Maximizing Outreach; 7) Metrics for Measuring Success; 8) Coordination with Other Ongoing Town Updates/ Processes; 9) Development of Stakeholders Lists; and 10) Adoption of the PPP by Mayor and Council. Our proposal has accounted for two (2) Open House/Workshop Meetings and two (2) Community Events for public outreach in addition to the required Commission and Town Council meetings detailed in Task 6. Task 3 — General Plan Background and Current Conditions Volume Preparation. This technical report summarizes findings from a collaborative PT effort in written, graphic, mapping, and table formats. It includes: 1) review of pertinent documents including the Fountain Hills Zoning Ordinance, the Fountain Hills 2010 General Plan and amendments, the Fountain Hills Subdivision Ordinance, the Fountain Hills Strategic Plan, the Fountain Hills Public Art Master Plan, and the Fountain Hills Land Use Analysis & Statistical Report; 2) demographics and socio-economic analysis; 3) fiscal and economic development analysis; 4) analysis of existing land use and vacant lands; 5) public facilities, services and infrastructure needs (water, wastewater, solid waste, transportation, police, fire, health care) analysis; 4) environmental infrastructure analysis (water, air, land, habitat); 6) parks and recreation assessment; 7) GIS map generation supporting all elements; 8) physical and regulatory opportunities and constraints analysis (major land owners, topography, hydrology, economic development corridors, zoning, overlays, etc.); 9) Review/input phase. This volume serves as the backbone of the General Plan. It identifies major growth areas, planning areas, and redevelopment/infill areas, areas suitable for compact development and mixed use, and distinct character areas of the Town. fountain Hillis 4 �t AIV�4 bra. t 0� N i f3i.Vlffl�RiY,�}I Aront Storm is Kiwi Town of Fountain Hills te.w t -e AIW VII. a U094-1 *.00e 2036 The documents utilized in this phase include the Land -Use Analysis and Statistical Report, Zoning Ordinance, Subdivision Ordinance, Adopted Town Budget for FY '18-'19, 2010 General Plan and amendments thereto, and the Strategic Plan. Once the Background and Current Conditions assessment is completed, the Project Team works with the community to solicit input. Such input results in the preparation of the Vision Statement, Guiding Principles, and goals for all elements of the General Plan. �� Task 4 — Theming and Visioning. Working collaboratively, the PT will solicit input from the Fountain Hills community in a public workshop. The workshop will aim at identifying the community vision and overarching guiding principles. The results of Y*12 this workshop will provide the foundation to create a project vision and theme that is `4e► embraced and supported by the Town. Y9f�'�dae�F �*Pa. Task 6 — Draft General Plan Policy Volume. Based on results from Tasks 2, 3, and 4 and public input, the team will prepare the General Plan Policy. This will include at minimum: 1) Executive Summary; 2) Introduction and Overview; 3) General Pian Framework; 4) Strategic Vision Statement; 5) Overarching Principles; 6) All required and optional Elements; 7) Goals, Policies and Implementation Measures for each element; 9) Future Land Use Scenarios (Three (3) Alternatives), 10) Review/input phase; 11) Transmittal of revised version to all agencies as part of the mandatory 60 -day review. Task 6 — Final General Plan Policy Volume and Adoption. Based on information obtained in previous phases and comments provided by the different agencies during the 60 -day review period, and working closely with the Project Team, the Consultant Team will prepare the Final General Plan Policy Volume. The project culminates with a maximum of two (2) public hearings with the P&Z Commission for recommendation; and a maximum of two (2) public hearings with Mayor and Council for adoption via resolution and the transmittal of all deliverables listed in the RFP in hard copy, PDF and Word formats per the RFP. The General Plan Work Plan Schedule/Major Milestones is included on the next page. The specific General Plan tasks, descriptions, deliverables and the methods, platforms, and media proposed as part of the Public Involvement Plan are discussed in previous pages. 6. Conclusion Our goal is to operate as an extension of the Town of Fountain Hills staff. The Planning Center maintains open dialogue with our clients. We will work with the Project Team to ensure that the Fountain Hills General Plan Update reflects the vision of Fountain Hills. The Planning Center appreciates the opportunity to submit this proposal for the Town of Fountain Hills General Plan Update. Our team is well-suited for this update as it is directly in line with recent General Plans we have completed as well as our specialization in public participation and outreach. We realize the critical importance of this project to the Town and its residents, and we wish to reiterate our desire and capabilities to perform the requisite work. We have a superior project team and flexible resources to respond to this project, and are ready to begin work immediately upon receiving Notice to Proceed. We can ensure the Town of Fountain Hills that The Planning Center's team will provide the required services in a manner that exceeds the Town's expectations. Please contact Jessica Sarkissian, Principal/Project Manager, at 480.750.7300 with any questions concerning The Planning Center or the preceding proposal. LO E u p 01 to L n CA o4 :5 OL m ti 7 � � m w °L 0 _v cc Q1 D N f _ N R 06 �N t U h C Y o v 0 C), D _ = d � N D � C N � coo . 4 N 0 W Q ro 0r a m c"n �na E Q C _ .� _ O W C7 .o ¢ g U (!1 U ca CL� 0 IL r a ail m a iL a_ — CUCD VI41 T C T ca z O> C C O O O IL7 yro Calco c © ami (j CL a .. U- yr CL,a c U O N o,�to �� U);¢_ o OL 0 CD W D U- O ¢ L Cl a of O p O O� 0. C Y y O_ c as ` y c 0 til F Q Q NO Q Ul U O ui ?+ IV o O U i_? nb CL a R 0 C ¢ m ¢ f- lu rn c c a ch- 4 U dot _0r� 0 O H 0 o Y O IL R 132y c c 'El rn y C Y U s� T c CL W O IL m 'O ro E" U c U C O M V -� C .� - �. — Q.. U O - E " E t C CL � C 0. 'a E u_ N CL ; CL F- o t O « d) 0 Y U zt E 0 ca N a 1° a 0 o a $ c. m Q Q x O U 0 cn N � •G C 0 O W 3 � � 7i LL F- APPENDIX A: VENDOR INFORMATION FORM SECTION A TOWNT OF FOUNTArq 1r MLS DEVELOPMENT SIER110ES DEPARTMENT DS 2018-02 I\-. VE` -DOR I\F0&\LA-TIO\ FOk''%I By submitting a Proposal, the submitting Vendor certifies that it has reviewed the adwinistrative information Paid draft of the Professional Services Agreement's teens and conditions and. if awarded the Agreeurent. agrees to be botuid thereto. The Planiihig Center t"EI IDOR SURIMI TING PROPOSAL Jessica Sarlcissian. Principal PRINTED N AME Ahs TITLE 86-1000076 FEDERAL TAX ID NMIBER 0 f -L --- AUTHORIZED SIG -NATURE 1270 E Broadway Rd Suite 203 (480)750-7;00 ADDRESS TELEPHONE FAX # Tempe AZ 85282 CITY STATE ZIP i1TEB SITE: azplaruritrgcenter.corra Atue 20. 2018 DATE E -HAIL ADDRESS: Jessica a aVhiningceuter.com SMALL. MINORITY. DIS.A.DN ANTAGED AND WOMEN-ONX NIED BUSD ESS ENTERPRISES (check appropriate item(s); X Small Business Enterprise (SBE) _ Minority Busiuess Entetprise (MBE) Disadvantaged Business Enterprise (DBE) Women-Ox%med Business Enteiprise (NIME ) Has the Vendor been certified by any jiuisdictiou in Arizona as a minority or tiroman-owned business enterprise? yes If yes. please provide details and doetuuentation of the certification. 17 A* 00T My of Fenix Arizona Unified Certification Program This is to cattify thol i. Win Title. 49, Pail 26 qt 11,E CC:1e Yt Federal ReWallons, The TPC Group Inc DBA The Planning Center a Cin lr wd 0madyatilaged Business, Enterprme (08E) to Vve followl" weciany%peciahift NAICS 541370: LAND USE PLANNING SERVICES NAILS 641320: LANDSCAPE ARCHITECTS' OFFICES NABS 541 SW LANDSCAPE ARCHITECTURAL SERVICES MACS 6413211 URBAN PLANNERS' OFFICES WAICS 641M, URBAN PLANNING SERVICES WAICS W37W SURVEYING AND MAPPING (EXCEPT PHYSICAL) SEWCES NWS 541310: SURVEYING ANIS MAPPING SERVICES (EXCEPT GEOPHYSICAL) NAILS 541620; EHVIRQNMENTAL CC:N ULTiNG SERVICES MAKS 641990: ALL OTHER PROFESSIOML. SCIENTIF7C, AND TECHNICAL SERVICES 0,e&� .` Initial Cefliffieati" Date: October 16, 2614 Nseky 4IV- f�. ;raW.tAx. a. vati xn >r Fr nexx o�n«..� atn,r aaE:�e�l��. t7 aWfM4 ErrdlYrwr LW-JL"aRW SV""161 +L+A Rah3�9tR.,!t�w4+�+m*ek �ea�+ga^-� FW9°'P�S City ofTrx*"aDepaMrrtn1eNpxwvwxvd fA%LL* ►•rd+K1sirop.+'~bv *i n 9=4 s'ana?raN ea a On P� rdncA a'dxt.+:Gr.e �¢anuuada!e^n cam � vrMh r� tmti `A a4s�'�� �6 IrD o m � C17 POW (cq cc rno G Gi�/yj1�1"�"' 1�;CD _0 moo.. p �� CA r� C-050 C��C� '^ CDfn `C to C7 !"�` C) �Cf $GZ)Xm ns N1p© fjG�? C4rn I • is @ �p ^ pC C7-iln�}vi On;,o r+ � go rn� � f1 c t rn � ot C/1 �. ^. 0 Q1 7 � . M � = I 2. o n N W N ^ M A � X ro APPENDIX B: KEY TEAM MEMBERS RESUMES SHF PtANNINGCERITFR Ii Recent General/ Comprehensive Plans Envision Safford: City of Safford General Plan, AZ (2016) Pima Prospers: Pima County Comprehensive Plan, AZ (2015) Aspire: Town of Sahuarita General Plan, AZ (2015) Sahuarita East Conceptual Area Plan (SECAP), AZ (2015) Tucson Streetcar Land Use and Development Implementation Plan, Tucson, AZ (2014) Kayenta Comprehensive Plan & Zoning Code, Navajo Nation, AZ (2013) City of EI Mirage General Plan, EI Mirage, AZ (2011) Certifications American Institute of Certified Planners (AICP) Linda Morales, AICP, CEO/Owner Project Management/Planning/Public Outreach (22 Years with The Planning Center — Tucson Office) Linda is the owner and CEO of The Planning Center and has been a planning consultant for over 22 years. At The Planning Center, Linda has gained a wide range of consultant experience working for local, state and federal governments, non -profits, developers, builders and property owners on a variety of projects. She has successfully facilitated dialogue between stakeholders, developers, Arizona State Land Department, the Sonoran Institute and the Drachman Institute concerning conceptual plans for Sahuarita's SECAP, a model future city and has been directly involved in numerous general plan updates in Southern Arizona. Her diverse experience gives her a unique perspective that allows her to understand both jurisdictional and developer points of view, bringing a balanced perspective to projects. Linda has participated in the preparation of landmark specific plans, including Continental Ranch, Gladden Farms, Dove Mountain, Sky Ranch, and many other projects giving her an in-depth experience of the Town that is seldom found. Acting as the Project Principal -in - Charge for this Update, Linda will assist in land use scenario building, analysis, and policy writing. Project Awards • Envision Safford: City of Safford General Plan -APA Arizona Best General Plan (2017) and APA Arizona Best Public Participation Plan (2016); • Pima Prospers: Pima County Comprehensive Plan- APA Arizona Best Comprehensive Plan (2015) and Metropolitan Pima Alliance Common Grounds Award (2015) • Aspire: Town of Sahuarita General Plan -APA Arizona Best General Plan (2015) • Sahuarita East Conceptual Area Plan (SECAP) APA Arizona Best Planning Project (2015) and Common Grounds Award 2015 • City of Tucson Streetcar Land Study and Implementation Plan - APA Arizona Best Public Participation Pian (2014) • Kayenta Township, Navajo Nation, Arizona Comprehensive Plan and Zoning Ordinance -APA Arizona Best Comprehensive Plan (2014). • EI Mirage General Plan, EI Mirage, Arizona -APA Arizona Best Public Participation (2009) and Valley Forward Best Livable Community Plan Merit Award (2010) Education • MS, Planning, University of Arizona, 1996 BS, Business Administration, Major in Finance, University of Arizona, 1990 T�fEPLANNINGC:N F? Jessica Sarkissian, AICP, LEED Principal/ Land Planning/Facilitation (2 Years with The Planning Center — Tempe Office) Jessica leads The Planning Center's Tempe office. Jessica brings a - unique background with experience in public and private sector planning. She conducts rezonings, general and comprehensive plan amendments, variances, use permits, design review, site plan review, public outreach, text amendments and public meetings and presentations. Jessica has worked on a variety of projects from small scale residential and master planned communities, to multi -family, assisted living, commercial and industrial projects throughout the Phoenix metropolitan area including Pinal County. She works successfully with engineering firms, architects and land use attorneys to provide open communication and efficiency with successful results and has L participated on several general plan efforts in the Phoenix and Pinal County areas as P&Z member and committee member. Recent General/ Comprehensive Plans Currently, Jessica sits on the City of Mesa Planning and Zoning Board and the Arizona Planning Association Board. Previously she was a Town of Gilbert General Pian, City of Mesa Board of Adjustment member as well as a Town of Gilbert AZ (2011) Gilbert Planning Commissioner and Zoning Hearing Officer. Town of Florence General Plan, Florence, AZ (2011) General Plan Involvement Pinal County Comprehensive • Town of Gilbert General Plan Update (2011) participated as Plan, Pinal, AZ (2009) P&Z and Steering Committee member. Reference: Kyle Town of Clifton General Plan, Mieras, Director of Development Services (408) 503-6705; Clifton, AZ (In progress) . Town of Florence General Plan (2011) participated as member of the stakeholders group while at CMX. Reference: Mark Certifications Eckhoff, former Planning Director (602) 686-1323. American Institute of Certified • Pinal County Comprehensive Plan (2009) participated as Planners (AICP) member of stakeholders group representing CMX. Reference: Peggy Fiandaca, retired PSA Inc., owner.(480) 816-1811 Leadership in Energy and • Town of Clifton General Plan (in progress) Principal -in - Environmental Design (LEED) Charge/Project Manager. Education • MA, Community Planning, Northern AZ University • BS Regional Development, University of Arizona 88alTi,iE Pt.ANN1NF I -GC:r Iver? ...r, Recent General/ Comprehensive Plans Envision Safford: City of Safford General Plan, AZ (2016) Pima Prospers: Pima County Comprehensive Plan, AZ (2015) Aspire: Town of Sahuarita General Plan, AZ (2015) Tucson Streetcar Land Use and Development Implementation Plan, Tucson, AZ (2014) Kayenta Comprehensive Plan & Zoning Code, Navajo Nation, AZ (2013) City of EI Mirage General Plan, EI Mirage, AZ (2011) Maria Masque, Principal Principal/ Planning/Analysis/Public Outreach (18 Years with The Planning Center — Tucson Office) Maria is the principal overseeing the community and regional planning division of the firm. She serves as lead planner, coordinates outreach efforts and moderates high profile public participation programs for long-range planning projects. With more than 27 years of experience preparing general plans, 19 of those in Arizona with The Planning Center, Maria has authored more than 50 General Plans and prepared numerous redevelopment and revitalization plans and design guidelines throughout Arizona and Florida. She has served as the lead planner/analyst and policy writer for all the general plans prepared by The Planning Center since 2000. Her areas of expertise include land planning, growth management sustainable agricultural conversion, economic development and technology/innovation. She brings a regional economic development approach to planning and design. She will be the lead planner and policy writer for this update and will assist in public outreach coordination. Maria is bilingual (English/Spanish). Project Awards • Envision Safford: City of Safford General Plan -APA Arizona Best General Plan (2017) and APA Arizona Best Public Participation Plan (2016); • Pima Prospers: Pima County Comprehensive Plan- APA Arizona Best Comprehensive Plan (2015) and Metropolitan Pima Alliance Common Grounds Award (2015) • Aspire: Town of Sahuarita General Plan -APA Arizona Best General Plan (2015) • Sahuarita East Conceptual Area Plan (SECAP) APA Arizona Best Planning Project (2015) and Common Grounds Award 2015 • City of Tucson Streetcar Land Study and Implementation Plan - APA Arizona Best Public Participation Plan (2014) • Kayenta Township, Navajo Nation, Arizona Comprehensive Plan and Zoning Ordinance -APA Arizona Best Comprehensive Plan (2014). • EI Mirage General Plan, EI Mirage, Arizona -APA Arizona Best Public Participation (2009) and Valley Forward Best Livable Community Plan Merit Award (2010) Education • M.A. Urban and Regional Planning, University of Florida, 1994 • B.A. College of Liberal Arts and Sciences, Anthropology/Peoples of the Southwest, 1986 • Architecture coursework, University of Florida, 1983 THEP€ANNINGCEi4T '� Recent General/ Comprehensive Plans Envision Safford: City of Safford General Plan, AZ (2016) Pima Prospers: Pima County Comprehensive Plan, AZ (2015) Aspire: Town of Sahuarita General Plan, Sahuarita, AZ (2015) Tucson Streetcar Land Use and Development Implementation Plan, Tucson, AZ (2014) Kayenta Comprehensive Plan and Zoning Code, Navajo Nation, AZ (2013) Professional Registrations PLA Arizona Registration #58092 Daniel Bradshaw, RLA Landscape Architecture/Design/Illustrations (7 Years with The Planning Center — Tucson Office) A registered Landscape Architect in Arizona, Daniel leads the graphic communications, design and landscape architecture division of the firm. He is responsible for site, landscape, streetscape, trail system, wayfinding and park and sports facilities visioning, branding and design. Daniel has worked on varying scales of landscape and planning projects of various scope and sizes serving a variety of local, state, and national clients including international firms like FLAD Architects (graphic above) and NBBJ Architects' Seattle offices. He has also guided the creation of planning manuals, design guidelines and standards, including branding and theming packages. His specialties also include environmental graphic design, 3D Modeling, and sitelarchitectural visualization. As a multi -talented professional and extraordinary presenter with exceptional artistic and graphic capabilities, he will be work closely with the Town of Fountain Hills Communications Department to create the branding conveying the distinct image and identity of the Town of Fountain Hills in all documentations and for incorporating the latest water harvesting, water reuse, irrigation, water conservation and habitat integration principles in the general plan policy framework. Daniel is bilingual (English/Spanish). Project Awards • Envision Safford: City of Safford General Plan -APA Arizona Best General Plan (2017) and APA Arizona Best Public Participation Pian (2016); • Pima Prospers: Pima County Comprehensive Plan- APA Arizona Best Comprehensive Plan (2015) and Metropolitan Pima Alliance Common Grounds Award (2015) • Aspire: Town of Sahuarita General Pian -APA Arizona Best General Plan (2015) • Sahuarita East Conceptual Area Plan (SECAP) APA Arizona Best Planning Project (2015) and Common Grounds Award 2015 • City of Tucson Streetcar Land Study and Implementation Plan - APA Arizona Best Public Participation Plan (2014) • Kayenta Township, Navajo Nation, Arizona Comprehensive Plan and Zoning Ordinance -APA Arizona Best Comprehensive Plan (2014). Education • MLA, Landscape Architecture, University of Arizona, 2010 • BS, Business Management, Brigham Young University -Idaho, 2007 TI EPI ANNINGCI.' . a Recent General/ Comprehensive Plans Envision Safford: City of Safford General Plan, AZ (2016) Pima Prospers: Pima County Comprehensive Plan, AZ (2015) Aspire: Town of Sahuarita General Plan, AZ (2015) SECAP, Sahuarita, AZ (2015) City of Tucson Streetcar Land Study and Implementation Plan (2014) Brian Underwood Planning Director/GIS Mapping and Analysis (5 Years with The Planning Center — Tucson Office) Brian has over 7 years of experience as a planner and GIS analyst. His strengths include Geographic Information Systems (GIS) block level analyses and mapping using socioeconomic indicators, watershed and non -point source pollution modelling, viewshed analysis, database management, and web -based mapping applications. Brian also enhances the public planning and participation process by creating maps and graphics using GIS, aerial imagery and AUTOCAD software. He successfully partners with jurisdictional staff in the preparation of all GIS and analysis components of general plans. Other areas of expertise include historic preservation planning, land use plan preparation and entitlement processing, including site analyses, specific plans, comprehensive and general pian amendments, planned area developments (PADs), master plans, variances, annexations and conditional use permits. He assists on the preparation of complex grant processes and site feasibility analysis. He will work closely with the Town of Fountain Hillsa GIS team to convey the work assignments enumerating all the mapping and analyses required to support the policy framework of the general plan. Brian also is a skillful presenter and facilitator with ample experience in community engagement and meeting facilitation. Project Awards • Envision Safford: City of Safford General Plan -APA Arizona Best General Plan (2017) and APA Arizona Best Public Participation Plan (2016); • Pima Prospers: Pima County Comprehensive Plan- APA Arizona Best Comprehensive Plan (2015) and Metropolitan Pima Alliance Common Grounds Award (201,5) • Aspire: Town of Sahuarita General Plan -APA Arizona Best General Plan (2015) • Sahuarita East Conceptual Area Plan (SECAP) APA Arizona Best Planning Project (2015) and Common Grounds Award 2015 • City of Tucson Streetcar Land Study and Implementation Plan - APA Arizona Best Public Participation Plan (2014) Education - BS, Regional Development, University of Arizona, 2010 - MS, Planning, University of Arizona, 2012 23 88 a - �,: ,� 1 — - o"i , " TH PLANNINGCEF TER Recent General/ Specific Area Plans City of Buckeye Downtown Specific Area Plan, Buckeye, AZ (2018) City of Phoenix General Plan, Phoenix AZ (2017) Town of Clifton General Plan, Clifton, AZ (In progress) Affiliations American Planning Association (APA) Arizona Planning Association (AZAPA) Amanda Bayham Land Planning/ GIS Mapping and Analysis (0.5 Years with The Planning Center — Tempe Office) Amanda Bayham is a land planner in the Tempe office with experience working for the City of Phoenix and City of Scottsdale on various projects including the latest City of Phoenix General Plan Update "Centers Analysis" and the City of Scottsdale ADA Transition Plan, in which she conducted site visits and inspections to document the current conditions of sidewalks and pedestrian circulation. Amanda has experience with GIS analysis and mapping, specifically with ArcGIS. Community outreach and the public participation process have been critical through past projects, such as the City of Buckeye Downtown Specific Area Plan and the Town of Clifton General Plan. General Plan Involvement • Town of Buckeye Downtown Specific Area Plan (2018) participated as Masters project for ASU. Reference: Terri Hogan, AICP, Planning Director (623) 349-6221; • Town of Clifton General Plan (in progress) Principal-in- Charge/Project Manager. Education MUEP, Urban and Environmental Planning, Arizona State University BSP, Planning Arizona State University Bowman 0 K !l e l i 1, 115 € roy Peterson, PE }'tillctj�al `�a•tti:�r 1'r�>jeci ,`tl,til,igrr Professional Education Nlr. Peterson is a principal with Bowman Consulting with more than 24+ pears of ■ IBA. Buslncss Administration, Wil experience in civil engineering; project design, planning, construction management, Carey School of Business, Arizona and project tuanagement. Throughout his career, ;sir. Peterson ha. been involved lit State university, 2008 all facets of the planning, design, and construction of Master Planned Communities, • Bs, Civil }rng',ineering, Uldh Stdte and large infrastructure projects coupled with residential, commercial, public parks, University, 1994 and industrial developments. His expertise includes due diligence, planning. • BA. Businesa Management, Utah infrastructure analysis. engineering design, value eufiineerin& and construction State university, 1991 analysis. Professional Registrations Superstition Vistas, Phase t - Arizona State Land Department ■ Professional Engineer, Ari7oiw $32334 Inner Loop Land Use Study, Mesa Gateway Strategic Plan - Mesa, Arizona Professional Associations American Society of Civil rtigineers Board Member of the City of 4iesa 'transportation Advisory Board ■ bast Valley Partnership Transportation ConArnitlee Fast Valley Partnership E.tonomic Development Committee Areas of Expertise • Project Management I Oversight • Master. planned Communities ■ band Planning • Entitlement Processing • Rfunicipal Capital Improvement Projects ■ barge -scale Infrastructure Resign tw 1111prove131Ynts • Cast lsstimating ■ Value Fng ineering ■ (:onstruction Administration & Inspection • Commercial 1 Retail Expertise ■ Due Diligence Layton Lakes Master Planned Community - Chandler, Arizona Legends Arterial and Collector Roadway Improvements - Casa Grande, Arizona Queen Creek Station - Queen Creek, Arizona Rhythm -Chandler. Arizona & Rhythm North -Tempe, Arizona Ellsworth Read Widening - Queen Creek, Arizona Mesa Arterial Streets Reconstruction - City of Mesa, Arizona Fulton Ranch Blaster Planned Community and Arizona Avenue #5R 87), Ocotillo Road to Chandler heights Road - Chandler, Arizona Ray Road Street Improvements - City of Mesa, Arizona Hendrix Pointe Estates - Mesa, Arizona American Furniture Warehouse - Gilbert, Arizona FedEx Distribution Center - Chandler, Arizona Champion Academy - Chandler, Arizona Painted desert Montessori - Buckeye, Arizona City Gate - Gilbert, Arizona South Mountain Park - Phoenix. Arizona Playa Margarita Park - Phoenix, Arizona Classic and Fine Arts Academy tCAFA) - Gilbert, Arizona American Leadership Academy - Gilbert, Arizona Legacy at Freeman Farms - Gilbert, Arizona bowntanconsull ings'otrrt 25 Bowman John Gray, PE tw 0 f' S U 1. T l i°^J -G �51:11iur l'Fowo Mall«1gC1- Professional Education Nir dray is a Senior Project Manager with experience in residential, commercial, ■ AS, C:ivii Engineering; Michigan Statc* industrial, edu,ational, and municipal projects. John's leadership has been developed 0iiversits, 1983 through mare than 32 years of civil engineering experience in civil engineering project design. planning. construction management, and project management. Throughout Professional Registrations his career Mr. Cira} has been involved in all fitcetu of the planning, design. and • Pmftwslonal Engineer; Arizona construction of residential, commercial and industrial site development projects. His ¢22868 expertise includes due dgigence, planning, infrastructure analysis, engineering design, value engineering, anis construrtion analysis. His experience includes preparing all Areas of Expertise phases of construction documents for contmerciaVindustrial sites, residential, public ■ Proiect Management i Oversight works and institutional campus facilitie& tie has an intricate knoiAedte of the City of • Land Planning phoenix processes and the Planning & Development Department design standards. • Fantitlement Processing His experience has lets to successful projo is and satisfied clientb. • Cost F-sfimating Ryan Road Sewer Line - Queen Crcek, Arizona • Value Engineering • C:ortnmerdal Design Experience Ellsworth Road Widening -Town of Queen Creekr Arizona • Due Diligence • infrastructure Design UniversityVillage- Tempe, Arizona • Rkmdways • Water and Wastewater La Sentiere Phase 3 - Queen Creek Arizona • Utility Coordination • Righbnf-Way Monteverde Apartment Complex - phoenix, Arizona • Traffic Signing and Marking ■ permitting Monte Viejo - Phoenix, Arizona • Roadway Lighting • construction Phasing Pepsi Bottling and Distribution Center Expansion - Phoenix, Arizona • Tralfic Contmi Procedures • Construction Administration Superstition Springs Park and Ririe Expansion and Transit Center - City of Mesa • Public Involvement • AgencyC:oordin:nion Holsum Bakery Expansion - Phoenix, Arizona Stanford Drive Improvements - Town of Paradise Valley, Arizona Freeport McMoRan Center (formerly One Central Park Eas6 - Phoenix, Arizona City of Phoenix City Half, Cesar Chavez Plaza & Orpheum Theatre Restoration - Phoenix, Arizona Northwind Chilled Water System - Phoenix, Arizona America West Arena (formerly Phoenix Suns Arena) and Jefferson Street Realignment - Phoenix, Arizona City of Phoenix Police Training Academy Expansion • Phoenix, Arizona Madera - Queen Creek, Arizona Arcadia Crossings - Chandler, Arizona Montage Condominiurns - Phoenix, Arizona The Retreat at sycanicre rarms - Surprise, Arizona hawtnatu•ntt�alt m�.ram Richard Merritt Economic Development Specialist/ President (30 Years with Elliott D. Pollack & Company — Scottsdale Office) Rick Merritt is President and one of the founders of Elliott D. Pollack & Company, a real estate and economic consulting firm that provides consultation on all aspects of the Arizona economy with specialization in the real estate market. Mr. Merritt is responsible for management of real estate and economic consulting assignments for the Company. He also serves as Project Manager for a number of real estate development projects and investments affiliated with Partnerships formed by Elliott D. Pollack. Mr. Merritt has more than thirty-five years of experience in the fields of real estate development and consulting, city planning, and project management. In the consulting field, Mr. Merritt specializes in economic and fiscal impact analysis, real estate market and financial feasibility, and housing market analysis. Some of his significant accomplishments are management of economic and fiscal impact studies of Bank One Ballpark in Downtown Phoenix and the Arizona Tourism and Sports Authority, the entity charged with constructing a multi-purpose stadium for the Fiesta Bowl and Arizona Cardinals in Glendale. He has supervised the completion of numerous market and feasibility studies of the retail office, industrial and residential real estate sectors. Mr. Merritt authored the Arizona Affordable Housing Profile, a study funded by HUD and the Arizona Department of Housing, which examined the housing inventory in each community and county in the State. He also was project manager for the Mesa Housing Master Plan Update and the Housing Market Assessment of the Resolution Copper Area. Prior to his present employment,. Mr. Merritt served as Land Development Manager for The Northern Equities Company, the developer of the Borgata of Scottsdale, with responsibility for planning, engineering and construction of the Company's projects. From 1981 through 3985, Mr. Merritt served as Planning Director and Manager of the Community Development Department for the Town of Gilbert, Arizona. He is a Member of the American Planning Association and is an active member in Valley Partnership and Lambda Alpha (LAI), an international land economics fraternity. He is also Treasurer and Board Member of LAI. Mr. Merritt has been a lecturer at a number of economic and planning functions and a guest speaker at the Arizona Governor's Conference on Rural Development and Economic Planning and the annual Arizona Planning Conference. Education - BCP, Community Planning, University of Cincinnati - MBA, Arizona State University Loras P. Rauch, MCP Contract Planning Services 10 Serving Arizona Cities & Towns i ■ President • Fountain Hills, Arizona 480.221.3764 - cps-loran@cox.net Loras Rauch is founder and President for the firm, Contract Planning Services, and has over thirty years of experience in the fields of planning, community development, and project review. Loras Provides planning, technical expertise, and project management for all of Contract Planning Services clients and is directly responsible for all projects in which the firm is involved. Loras has been responsible for the development of over 30 different land use ordinances for the firm. These projects have consisted of zoning ordinances, sign ordinances, subdivision ordinances, design standards and development guidelines for cities and towns throughout Arizona and Texas. In 2009, Loras completed the Form - Based Cortes Institute training and is now certified to write and develop Form -Based Codes for communities. Education AICP, Continuing Education Certification Maintenance • Form -Based Codes Institute, Form -Based Code Training Series B.S.D. Urban Planning, College of Architecture, Arizona State University Professional Memberships & Certifications • Form -Based Codes institute - member since 2009 • American Institute of Certified Planners (AICP) - member since 1993 American Planning Association - member since 1985 Arizona Planning Association - member since 1985 Professional Awards • Arizona Planning Association "Best Comprehensive Plan 2017 - Coconino County Comprehensive Plan" • Arizona Planning Association "Best Public Education Project 2003 - Fountain Rills World Town Planning Day" • Arizona Planning Association "Best Ordinance 2000 - Superior Zoning Ordinance" • Arizona Planning Association "Best Ordinance 1997 - Queen Creek Subdivision Ordinance" Appointments Arizona Planning Association (AzAPA) Board of Directors; liaison to Western Planner Resources, currently Western Planner Resources Board of Directors; Arizona representative, currently AzAPA; Vice President 2017 Conference, Conference Chairman 2016-2017 ' AzAPA; 2016 National Conference Host Committee & Opening Reception Chair, 2014-2016 • AzAPA; Awards Committee, 1998 - 2010 • World Town Planning Day Coordinator - Fountain Hills Event; 1999 - 2004 • Town of Fountain Hills McDowell Mountain Preservation Commissioner, 1996 - 1998 0 Fountain Hills Civic Association Board of Directors, 1997 and 1998 EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE PLANNING CENTER [Scope of Work] See following page(s). Scope of Work .is FOUNTAIN HILLS 2020 GENERAL PLAN UPDA'T'E May 2, 2018 1 SCOPE OF WORK GENERAL PLAN UPDATE May 2, 201.8 1. Introducti0n The Town of Fountain Hills is requesting sealed proposals for an update of the General Plan 2010 (the "General Plan") from qualified firms. The revised plan must comply with all applicable state statutes and particularly, the Growing Smarter legislation. The planning process will include an efficient and effective public participation program. The selected firm will also be responsible for determining community values and translating those values into realistic goals and objectives. The updated plan will include a clear and concise land use map that can be used by staff and decision makers in evaluating development applications. The Town of Fountain Hills, Arizona, is located east of the City of Scottsdale on the east slope of the McDowell Mountains. The Town is about 20.3 square miles in area with a population of approximately 25,000. The Town provides general administrative services, public safety, parks and recreation services, code enforcement, street maintenance and improvements and community center activities. The Town does not operate any utilities. This Request for Proposals (this "RFP") does not commit the Town to reimburse vendors for proposal costs. Price is an important consideration in this process, but not the only consideration. Other factors include experience with preparing general plans (or comprehensive updates of general plans) for other Arizona communities of similar size, identification and understanding of the Town's requirements as embodied in the specifications, and experience and qualifications of key personnel. The selected firm will be required to execute the Town's standard Professional Services Agreement in a form acceptable to the Town Attorney. A sample of the standard agreement is included with this RFP. If an agreement cannot be reached with the most -qualified firm, the Town may enter into negotiations with the next most qualified firm. II. Re uirements for Updated General Plan The Town has identified the following requirements for the updated General Plan_ 1. Both the final plan document and the planning process must comply with all applicable state statutes and particularly the growing smarter legislation. 2. The General Plan shall include a multi -color Iand use map in hard copy and electronic formats. 3. The plan will include population projections in 5 —year increments to the year 2030 based on existing sources and using acceptable methods of population projection. 4. The corridor studies, infill studies and specific plans recommended by the existing plan will be reviewed and included again or eliminated if no Ionger appropriate. 5- All goals and objectives in the existing plan will be reviewed and if they have been accomplished or if circumstances have changed to where they cannot be accomplished, they should be eliminated. 6. The previously adopted General Plan amendment for the former State Trust Land in the northeast corner of the Town will be incorporated into the updated General Plan. 7. The updated General Plan shall include color maps and exhibits as appropriate in hard copy and electronic formats. 8. The plan document shall be consistent with Town brand requirements 9. Update historical information. 10. Update the growth element and future growth areas. 11. Update the information on major infill opportunities. Also, identify any constraints associated with these opportunities. 12. Update the section on plan implementation and amendments to provide clear definitions of major and minor amendments. 13. Provide a discussion on the impact of development on the environment and how those impacts are dealt with through the Town's regulations. 14. Provide an electronic copy of the final draft of the updated plan. Provide 25 copies of the final draft prior to the public hearing before the Planning and Zoning Commission. Provide 50 copies of the adopted plan and one electronic copy. The following requirements relate to the planning process: 1. The Town is interested in providing an efficient and effective public participation process. 2. Public participation should include a place on the Town's website where information about the updated plan and the planning process can be found. Citizens should also be able to provide comments on the draft plan and planning process via the website. 3. The Town anticipates the need for two community open houses; the first to get input from the public on ideas for the plan and the second to present a draft of the plan. Representatives of the Town and the selected firm will attend each of these. 4. The selected firm will present the proposed amendments to the General Plan at all public hearings before the Planning and Zoning Commission and the Town Council. 3 5. The selected firm will work with a staff team that will review the consultant's work and provide feedback. 6. Input will be sought from all key community and regional groups and agencies including but not limited to the City of Scottsdale, both adjacent Native American communities, all utilities, all major homeowner associations, the Chamber of Commerce, Maricopa County, Maricopa County Parks Department, the Fountain Hills School District, Fountain Hills Sanitary District, EPCOR Water Company and all departments and commissions internal to the Town. 7. Appropriate use will be made of Town publications such as the Land -Use Analysis and Statistical Report. S. The Town's Development Services Director will manage this project and will require monthly progress meetings with the selected firm. 9. Additional meetings between the staff oversight/review team, the Development Services Director and the selected firm may be required. 10. Firms are also asked to submit a work program that includes each major step in the general plan update process. The work program should include estimated time frames for each milestone in the planning process and projected end dates for each step. In researching information to prepare an updated general plan for the Town, the selected firm should to refer to the following documents: Town of Fountain Hills Zoning Ordinance 2. Town of Fountain Hills Subdivision Ordinance Adopted Town Budget for FY '18-19 4. General Plan 2010, and amendments thereto Town of Fountain Hills Strategic Plan, Our Town, Our Choices 6. Town of Fountain Hills Land Use Analysis and Statistical Report III. tatement of Oualifications A Statement of Qualifications ("SOQ") shall be submitted by each firm according to the submittal requirements of this RFP. Upon receipt of the SOQ, a selection committee will meet, and using the criteria described in this RFP, may select three (3) most -qualified firms to advance to the next step of the selection process or direct select a firm. The SOQ should include: 1. Outline firm experience in preparing general plans or comprehensive plan updates for communities similar in size and population to Fountain Hills in Arizona. Provide information on when these plans were prepared, the length of the planning process and the outcome of the process (was the plan adopted?). 2. Identify each member of the team that will be working on this project. Describe the planning education and experience of these individuals. How much experience have they had in working on general plans or comprehensive plan updates of this type? How much time (as a percent of the total team effort) will each of your team members spend on this project? 3. Provide the names and contact information of individuals employed by the municipalities you worked with so that we may contact them with regard to your experience in preparing their General Plans or comprehensive Plan Updates. EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE PLANNING CENTER [Fee Proposal] See following page(s). DS 2018-02 Planning Center TPC Team TPG Senior TPC TPC Bowman Bowman Elliott Principals Planner Planner Designer PM Engineer Pollack Planning Estimated Budget $140 $110 $75 $120 $180 $155 Economist Consultant $75 Zoo Total Work Scope Tasks Hours Labor Task 1: Project Orientation 56 $6,950 1.1 Finalize Scope of Work/ Schedule 8 8 0 0 0 0 0 0 0 $1,120 1.2 Kick of Meeting 24 4 0 4 0 4 4 4 4 $3,300 1.3 Evaluation of Existing General Plan 24 8 6 10 0 0 0 -0-0 $2,530 Task 2: Communtly Engagement Plan 174 $19,190 2.1 Public Participation Plan Creation 6 6 0 ol 0 0 0 0 $840 2.2 Public Meetings Process 168 40 10 4C 40 0 01 8 30 $18,350 Task 3: Branding and Visioning til $2900 3.1 Meeting with Team for Visioning 20 4 0 8 4 0 0 0 4 $1,940 3.2 Visioning Illustrations 8 0 0 0 8 0 0 0 0 $960 Task 4: Existing Conditions 286 $32,870 4.1 Historical Overview 52 C 20 32 {)I 0 Q 0 0 $4,600 4.2 Natural Resources Conditions 32 0 8 16 0 0 8 0 0 $3,320 4.3 Hydrology, Drainage and Water Quality 181 0 0 0 0 0 18 0 0 $2,790 4.4 Land Use and Zoning 4131 20 10 10 0 0 0 0 0 $4,650 4.5 Transportation Overview 16 0 0 0 0 0 16 0 0 $2,480 4.6 Community Facilities and Services 36 0 10 10 0 01 16 0 0 $4,330 4.7 Economic Overview 22 0 0 131 0 0 0 22 0 $4,400 4.8 Base Mapping 70 0 30 40 0 0 0 0 0 $6,300 Task 5: Draft General Plan 235 $26,0M 5.1 Draft General Plan Update 145 45 12 60 8 0 12 8 0 $16,540 5.2 Address Comments and Revise 64124 0 40 0 0 0 0 0 $6,360 5.3 Commission and Council Worksessions 26 10 0 10 0 0 0 4 2 $3,100 Task 6: Final General Plan 74 $7,500 6.1 Finalize General Plan 42 10 24 0 0 0 0 0 $4,080 6.2 Commission and Council Hearings 20 8 J0,0 6 0 0 0 4 2 $2,520 6.3 Provide Town final document 12 0 12 0 0 0 0 0 $900 Hours Tota 95,430 * includes 6 hard copies of the draft and 25 hard copies of the final plan and neighborhood mailout coordination. TAC Reimbureable expenses* $3,860 "mileage to meetings Support Reimbureable expenses** $700 TOTAL $99,971) *as of: 7/26/18 �1 CERTIFICATE OF LI, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 0 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENE BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITi REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, thi If SUBROGATION IS WAIVED, subject to the terms and conditions o this certificate does not confer rights to the certificate holder in lieu of s PRODUCER The Clements Agency, LLC 6245 E. Broadway Suite 310 Tucson, AZ 85711 INSURED TPC Group, Inc. dba The Planning Center 2 East Congress Suite 600 Tucson, AZ 85701 TPCGROU-01 CKILIAWA 4BILITY INSURANCE DATE(MMIDDIYYYY) 07126/2018 JLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ITE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. the policy, certain policies may require an endorsement. A statement on ech endorsement(s). CONTACT Faith Ortiz PHONEFA (AIc, Na, Ext : (520) 624-3456 f c, No): (520) 622-3777 A pgEss.fortiz@clementsinsurance.com INSURER 5 AFFORDING COVERAGE MAIC # INSURER A: Hartford Casualty Insurance Co INSURER 13: Hartford Accident and Indemnity Company INSURER c:US Liability Ins Co 25895 INSURER D: INSURER E: INSURER F THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR TYPE OF IN5URAkCE ADDL SUBR� POLICY EFF POLICY EXP T WSD NN POLICY NUMBER IM DD M D A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR �59SBAIR5645 09/01/2017 , 091011201$ L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT LOC AUTOMOBILE LIABILITY ANY AUTO 1+000,000 (Ea oncucLerico)DAMAGE TO RENTED OWNED AUTOSONLY MED EXP An one arson SCHEDULED ALITOSyy X AURTOS ONLY X AUTO ONLDY X UMBRELLA LIAB X OCCUR $ 1,000,000 EXCESS LIAB $ CLAIMS -MADE DED I X 1 RETENTIONS 10,000 ANY PROPRIETORlPARTNERIEXECUTIVE Y!N FFICERIMEMggER EXCLUDED? N I A Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Prof Liab-Clms Made C Retention -$5000 P1560760B 09/01/2017 10910112018 09/01/2017 10910112018 011061201810110612019 09/01/2017 � 09/0112018 LIMITS EACH OCCURRENCE $ 1+000,000 (Ea oncucLerico)DAMAGE TO RENTED $ 1,000,000 MED EXP An one arson $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COM $ 2,000,000 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY Perarson $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ EACH OCCURRENCE $ 1,000,040 AGGREGATE $ 1,000,000 X-10UTE ERH- E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEES S 1,000,000 E.L. DISEASE -POLICY LIMIT Per Occurrence Aggregate 1,000,000 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may be attached if more space is required) EVIDENCE OF COVERAGE (Professional Liability - Per Occurrence limit - $2,000,000 effective 7-26-18 to 9-1-18) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Fountain Hills THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Grady E Miller, Town Manager ACCORDANCE WITH THE POLICY PROVISIONS. 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 AUTHORIZED REPRESENTATIVE 9�(;) � ACORD 25 (2016103) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM Various provisions In this policy restrict coverage. Read the entire policy Carefully to determine fights, duties and wMaI LS and Is not covered. Throughout this policy thewords "you' and 1rour' refer to the Named insured shown in the Declarations. The words "we". 'nor and 'bur' rater to the stock insurance company member of The Hartford providing this insurance, The word 'Insured' means arty person or organtfallon qualifying as such under R"on C.' Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Suction G. - Liabliy And Medical Expenses Definhfons. A, GOVEPAGES 1. BUSINESS LIAS111tY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL ANDADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bocilly injury+', 'property damage" or "Pomone and adverdsirg Injur to which this insurance applles. We will have the right and duly to defend the insured against any "suit' seeking these damages. However, we will have no duty to defend the Insured against any 'suit' seeking damages for "bodily InJuy. 'property damage" or "personal and advertising Injury" to which this Insurance doe_a not apply. We may, at our dscralon, investigate any 'accurrence" or offense and settle any claim or'sulf'that may result. But {7) The amount wx velli pay for damages is limited as described in Section D- - Liablity And Medical Expenses Limits or Insurance: and (2) Our right and duty to defend ands. when we have used up the applicable emit of lisua¢e in the payment of judgments, settlements or medical eurpen5es to winch this I115tlrffirce appkes. No other ob1'igation or liability to pay suns or perform acts or Services is covared unless ex0cdly provided for under Coverage Extension -Supplementary Payments. b. This insurance applies: {7) To 'hodlfy Injury, and "property damage' any It. (a) The "body injury' or "property damage' Is caused by an 'occurrence- that takes place jr the -WArage lerrifory-, (b) The 'bodily Injuy, dr "property damage occurs dudog the poky period, and (c) Priar to the policy pedad, ro insured casted under Paragraph 1- of Section C. -- Who Is An Insured and no 'employee" authorized by you to give or receNa notice of an 'oc c uneoce" or Balm. knew that the 'bodily fnjexy£ or 'property damage" had coaurred, In whole or In pad. If such a listed insunsd or authorized 'employee' knew; prior Id the policy period. that the 'bbodly Injury' or 'property damage" occurred, -then any continuation, change or resumption of such "hodily Injury' or "property damage during or after the popey period VIII be deemed to rave been knavm prior tithe policy perlod. (2) Ta "personal and advemsing Injury" raueed by an offense arising out of your business, but only If the offense was committed in the "cavarage territory" during rite pdficy period, 'Body injury" or 'property damage' whl be deemed to have boon known To have occurred at the earliest time when arty insured listed under Paragraph 1. ofSectlan C. — Who Is An Insured or arty 'employee" authorized by you to give or receive notice of an'occunenca' or clainc (1) Reports ail. or any pan. of the "bodily bqury' Or 'property damage' to us or any other -Insurer. Farm SS -00 08 04 05 Page 1 of 24 0 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the -bodily irjray' or *property damage": or (3) Becomes, aware try any other means that `coolly Injury' or 'property damage has oxurred or has begin to oxer. d. Damages because of "bodily injury' Include damages claimed by arty person or organizatiem for care, foss of services yr dean resulting at any time from the 'bodily Injury'. e. Incidental Medical Malpractice (1) 'Body injury' arising out of the rendering of or fallum to render professional healthcare services as a p"clan, dantlst nurse, emergency medical lechmidan or paramedic shall be deamed to be caused by An, 'occurrence'. but only if: (a) The physician, dentist, nurse. emergency medical technician or paramedic Is employed by you to Provide such 5eroloeS; and (b) YOU are not engaged in the business or occupation of providing such sewlees. (2) For the purpose of determining the limits of Insurance for Inddental medical mafitimece, any act or omission together with all related acts or omissions in the furnishing of these services to any dile person will be considered one "occurrence". Z MEDICAL EXPENSES Insuring Agreement a_ We will pay medical expenses as described below for "buddy injury' caused by an accident (1) On premises you awn orrent (2) - On ways next to premises you own or rent or (S) Bemuse of your operatons; provided that (1) The accident takes place In the 'dwerage territory' and during the policy period: (2) The expanses are incurred and reported to us withln throe years of the date of the accident and (3) The injured person submits to examination, at our expense, by physidarxs of our choice as often as we ree%tmably require. Page 2 of 2s. b. We will make these payments regardless of fault- These payments will not exceed the appRrab)e Ifnlit of fosurance. We will pay reasonable expenses for (1) Mist aid adrdnistered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devlces: and (3) Necessary ambulance, hospital, profeaslonai nursing and funeral Services. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS s. We will pay, with respect to any claim or 'Suir we 6uves-69ale or soft, or any -suit" against an Insured we deferrer (1) All expenses we incur. (2) Up to $1.000 for the cast of bail bonds required because of accidents or traffic law Violations arising out of the use of any vehicle to which Business Liabiliy, Coveragefor'bodily Injury' applies. We do not have to famish these bonds. (3) The cast of appeal bonds or bonds to release 2h2Uimant5, but any for bond amounts within the applicable linin of insurance. We do not have to fumish these bonds. (4) All reasonable expenses Incurred by the insured It 0& request to assist us in the Investigation or defense of the claim or 'strit", ndvding actual toss of eamtngs up to 5500 a day because of time off from work (5) All costs taxed against the Insured in the'suir. (6) Prejudgment interest awarded against the Insured on that pad of the judgment we pay, X we make an offer to pay the applicable limit of Insurance, we will not pay any prejudgment interest based on that padod ditlms a8erihe offer. (7) All Merest on the full amount of any judgment that accrues after en" of the judgment and before we have paid, offered to pay, or deposited In court the Part of the judgment that Is within the applIcabie limit of insurance. Any amounts paid under (1) through (7) above will not reduce the Finite of insurance - Form SS 00 08 04 05 If we defend an Insured against a "sue' and an Indemnitee of the insured Is also named as a party to the "suit", we will defend that indemnitse if all of the following cond'rtons are met (1) The 'suit' against the indemnitee Beaks damages for which the insured has =Urnad the liability of the jndemnitee to a contract or agreement that is an "Insured canbmX,1 (2) This Insurance applies b such liability assumed by the insured; (3) The obligation to defend. or the cost of the defense of, that Indemnitee, has also been assumed by the insured in the same 'insured contract"; (4) Us aflegations In the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the Interest of the Indemnilee; (5) The Indemnitee and the insured ask us to conduct and control the defense of that indomnitee against such'sut" and agree that we can assign the same counsel to defend the Insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to; {I) COeperale with us -in the Investfgaton. sedlemeril or defense ofthe'suit'; oil immediately send us odpies of any demands, notices, summonses or legal papers received in connacdon with the "suit", (110 Notify any other Insurer whose coverage is available TO the Indemnitee; and (Iv) Cooperate with us with respect to coordinating other aPPlieabla Insurance available to the Inrlemnlice; and (b) Provides us with written avthoFvaticn to: O Obtain records and other information related to the 'suit^, and (e) Conduct and eonaal the defense of the Indemnitee in such 'suil^_ Form SS 00 4)8 04 05 BUSINESS LIABILITY COVERAGE FORM BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met (b) 'Bodlty Injury' m'property damage" (b) Performing duties related to the attomeys' fees inounied by us h the assumed In a Ceneabt Or agreement mnductaf d1e lnSUtetl's bu5inC55, of daferse of that indermitea, necessary that is an insured contract", (2) The spouse, child, parent, brother or litigation expenses Incurred by us and provided the 'bad* injury' or sister of that "employee" as a necessary litigation expenses incurred "property darnaw, occurs consequence of (1) above, by the indemnitee at our mquastwill be subsequent to the exarltion of Ore This exclusion apples: paid as Supplementary Payments. contact or agremnent Solely tar Nolwlthstand}ng the provisions of the purpose of robi[iity assumed in (1) Whether the Insured may be liable as Paragraph 7.b.(b] of Section B. – an 'issued conned", reasonable an employer or in any ocher capamy; >=xcluslons, such payments wtl not be atomeys' fees and necessary and deemed to be damages for "bodily litigation expenses inrrulad by or for (2} To any obligation to share damages injury" and "property damage" and twit a party other than an Insured are with or repay someone else who must not reduce the Limits of Insurance. deemad to be damages bemuse of pay damages because of the injury. Our obligation to defend an InsureSs "bod'tly Injury' or "property damage" This exclusion does not apply to liability indemnitee and to pay for adomeys' fees provided: assumed by the insured under an 'insured and necessary ptigatan expenses as (1) Liability to such paey for, w for co racC_ supplementary Payments ends when: the cost d, that parfys defense f. Pollotlon ({} We have used up the applicable Hmit has also been assumed In the same "insured oo�ct" arta (1) 'Bodily injury', "properly damage" or of insurance in the payment of judgments or seltemanls; or(I $Such attomays fees and "personar and advedLSing injury' arising out of the actual, aleged m (2) The ccnddons set forth abova, or the litigation expenses are for threatened discharge, dispersal, terms of the agreement desaibed in defense of that party agaiststo seepage, migration, release or escape Paragraph (6) above, are no longer MLcivil or alternative disputeresolullon ofpollutants': B. EXCLUSIONS proteedfng In which damages to which this (a) At or from any premises, site or f. Applicabre To $rr_sinass liability Coverage insurance applies are alleged. location which is or was at any This insurance does not apply tri: c. Lquor Llabfifty rented or loaned te owned or oo an ydlnsured a. Expected Or intended lnJury "Bodlly injury" or 'prop" damage for However, this subparagraph does (1) 'BOO Injury' or 'property damage" which any insured may be hold liable by not apply to: expected or intended from the reasonot G) 'Bodily 5hjury' it sustained within slartdpolnt of the Insured. This (1) Causing or contributing to the a building and caused by excluslon does net apply lo "bodty intoe ieabfln ❑f any person: Smoke, fumes, vapor or soot injUry" or 'property damage" mauihng (2) The furnishing of alrohpile beyerages to produced by or originating from from the use of reasonable force to a person under the legal drink'vhg age or equipm wit that Is used to heat, Protect persons or property; or under Via Influence of alooho( or cool or dehumidify the buiding, 2 'Personal and advertising m arisi (} g' jury+' Rq 3 An statute, ordinance or raguiabtn {) Y or equipment that is used to out Of cor an offense runitted by, at the relating to the sale, gin, distribution or hear water for personal use, by direction of or with the consent or use of alcoholic beverages. the building's ocurparas or their acyulescenra of the inswed With the This exclusion applies dray If you am h the guests; expedaton of hfbcbng 'personal and busahess of manufaulunrg, dishr4udn9, (Il) 'Bodily Injury" or 'property advertising injur f'. selling, servthg a hurEshing almhotc damage' for which you may w Contracwal Liability b. ry beverages, multi Me, If you are a (1)'B0dilyiajeuy"cr'pmpenyd3m23e':or d- Workers' Componsatfon And Similar =Wa= and the owner or lessee of such premises, sirece (2) 'Personal and advertising injury" Laws lomdon has been added to your for which Ina insured elNlgaletl to pay Arty obligation of the insured under a policy as art additional Insured damages by reason of t t he iton workers' compensalun, disability benefits with —peat io-W ongoing iieodity in a canlrarJ oragreemrnens, ent. or unemployment compensation law air operations for that This exclusion does not apply to liability anysimilar law_ ad Insured at that Insured fordamages because of: a Employer's Liability -rises) pre -rises, site or location and 'Boddyinjwy,'pmpemldamage"or "i3odIlYlnjuty'to; such promises, site site a lned (a} "personal and advertisin Inn (1) An 'amployW of the 'Insured ansing On is not and never was owned w the insured would levee in g in the - out d se Off: and in the cour ccWpied by, or rented or loaned to, any Insured, other absence of the contract or (a) Employment by the insured; or Ihanthatadditionalinsured-or ' agreement; rx Page 3 o124 Paga 4 of 24 Form SS 00 09 04 135 (iia) "Bodfly Injury' Or 'property damage' arising out of heat, smoke or fumes from a 'hostile fire'; (b) At or from any premises, site or roeation which Is or was at any fame used by or for any Matured or others For the handling, storage, disposal, processing or treatment of waste; (e) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (q Any fnsured; or (it) Any parson or organization for whom you may be legally responsible; (q) At or from any premises, site Or location on which any insumd or any contractors or subcontractors working directly Or indirectly on MY InsUreds behalf are performing Operatlons v the "pollutants' are brought on or to the premtsas, site or locaUcn In connection with such operations by such Insured, contractor or subcontractor. However, Via subparagraph docs noL apply to: (1) 'Body Injury or "property damage arising Out Of the escape of rusts, lubricants or other apemling fulds whlch are needed to perform the nonmel elechicai, hydraulic or machanirxf unctions necessary for the Operation of 'mobile equipment or its parts, V such fuels, lubricants or other Operating Fluids escape from a vehicle part designed to hold, stere or receive them. This Oxcepdan does not apply if the 'bodily injury or 'property damage arises out of ft intamioral discharge, dispersal or release of the fuels, lubricants or other operating Aulds, or If such fuels, lutirkants or Other Operating fluids are brought on or to the premises, site or location with the intent that rfhey be discharged, dspemed Or Form SS rid as 04 as BUSINESS LIABILITY COVERAGE FORM BUSINESS LIABIUTY COVERAGE FORM released as part of the 2, Aircraft, Auto Or watercraft (� The use of tion In, ars operations being perfornted by such inbred, contractor or 'Body he or am cocarnor preaqupay while in practice or preparation for, subconhaOtor, out of she ownership, maintenance, use or *N ship i tenaftmnce, use or prearranged Wang, speed Or r entrustment to Others of any aircraft 'auto' demolltion contest or in any siuntfng B lin '�y Injury, or 'irmpemy orwalercafownedoropeated hymmnted activity, damage' st sWried within a or loaned to any insured. Use fgdudes 1. War building and ahead by the release of gases, fume^, a opemYonamd"hadirgorunioadng". 'BWPY hJury, "property damage' or vapors from matedals brought This exctustmh applies wren if the claims aE and adverlisln Injury. "Pars°^ 9 NrSr• however Into that bulldxhg M norrneraInsured against any Insured allege n[yligenm or caused, arising. drrectly or indirectly, out of with ope26onsbeing performed other Wrongdoing in the supervisim Fining, (f) War, Including undeclared or civil war, by you or on your behalf by a employment, tralnirg Or mon'Mring of amara by that Insured. Y the which (2) Warift action by a milliary force, mrhraaOr er subambactor, ars caused the "badly h1my' or ^property inctUding action In hindering or (rf)"Bedly Injury' Or "properly damage' involved the ownership. defending against an acural or damage' arising out of heat, maintenance, use or entrustment to others of expected attack, by any governmanL smoke or fumes from a ary afroatt" "soba' or watrrvaft teat is sovereign or other authority using 'hostile Are`, or Owned or operated by or rented or baned to milltary personnel or otheragents; or (e) At or from arty premises, she or anYlrMJf*d. (3) Insurmalfen, rebellion, myciutierl. location an which any insured or any This mceusien does not apply to: usurped power, or action taken by contractors or subcontractors (1) A watercraft while ashore on premises governments! authority in hindering or worldng drectly or IndBecily on any you own or rent; defending against any of these. htsufed's behaf are pesfoming operahogs If the operations are to (2) Awaternraft you da not own that is J. Professional Services test for. mamlcr, dean up, remove,{a) Lass Then 51 fee[ bog; and "Bodily Injury. 'property damage' or 'personal mrralrL treat, deio dfy cr neutralize, (b) Not being used to carry persons and advedlsFng Injury aftsing out of ire rendering of or falfure to render or in any way respond to, or assess the alerts of, "pollutants'- fora charge; - any professional serving. This Includes (2) Any loss, cosi Or expanse arising out (3) Padcing an 'auto' on, or on the ways but is not limited to: Of any., next to, premises you own or rent, "auto' (1) Legal, aentnflng or advertising provided the is not owned by Or services; (a) Request, demand order orstabttory rented or loaned to you or the insured; (2) Preparing. approving, or fairing to or regulatory requirement that any (4) Uablity assumed under any 'insured prepare Or approve maps, shop insured of others test for, monhor, contact' for the owryershlp. drawings, opinions, reports. surveys, dean up, remove, canmm, teat• malntenance or use of aircraft Or field Orders, change omen'. desIgrs or detoxify or neuballm or in arty way respond 10, or assess the effects off. watercraft dtawtoand specMatlons; gs 'polutarrts^,or (5) 'Badly tn)wgr Or "property Barrage' (3) Supervisory, inspection, architectural (b} Claim or suit try or behalf of a arising out Of the operation or any of or angineering activAlw; geremmentat aulfwrlry for t the equipment listed In Paragraph f_(2) 4 Medial, surgical, () denial, x-ray Or damsages because of testing for, or f.(3) of the definition Of 'mobile equipment'; or nursing aervltaz treatment, advice or monitoring, treating, removing, instruction; neuta det treating, detoxifying Or (6) Art aircraft that is not owned try any (5) Any health or therapeutic sconce liziri neu7afizing, or in airy way Insumd and 1s hired, chartered or loaned treatment advice or instruction; responding to, Or assessing the effects at,'pollutants'. with a paid pew. However, this eXCepban does not apply If tine inured 6y M seMce, trtagnenL advice or ( Any service. has any other Insurance for such "WPW for tits purpose of However, this paragraph does not injury a 'properly damage', whether appearance orskin Onhancement, hair apply to liability for damages because the atter Insurance Is primary, antra -,s, r removal or replacement o -personal of 'property damage" that the insured onrttirhgent Oran any other bast. proomrng; would have In the absence of such r request, demand, order or statutory Or h. Mobile �Proam (7) Optical or hearing aid seMces regulatory requirement, or such claim 'Boll In u oP " Or 'property damage" Inducting the prescribing. preparation, fitting, demonstration or disldhulimi of or 'suit" by or on behalf of a arising cut ophthalmic lenses and similar governmental authority, (1) The transportation o!"mobile egtirpnrert" products or hearing aid devices; by an "atdo" owned or Operated by or rented or loaned to any Insured; or Page 5 of 24 Page B of 24 Form 55 00 OH 04 Or (8) Optometry or optometric servicas Including but not 8gdted ie emmh0on OF the ayes and the prismbing, Preparation. fi[tir>rq,demonshadon or distribution of ophthaynic lenses and simiarproducts; (9) Arty (a) Body piercing (not Including ear plarcing); (b) Tattooing, Including but not ftmlted to the insertion of pigments into or under the skin; and {c) snlar servicers; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, Including web site design - Paragraphs (4) and (5) of this exciuston do not apply to line incidental Medical Malpractice coverage afforded under Paragraph 1-e, in Section A. -Coverages. Damage To Property "Property damage' to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, or9ani=16t or entity, for repair, replacement, enhancement. restoration or maintenance of such Property for any reason, including preven6rm of injury to a person or damage tc anthers property; {2} Premises you sell, give away or abandon, If Ilia "property damage' arises out of any paulof Vnoss p-etnsos; (3) Property leaned to you; (4) Petserral property In the Cara, cusiody or control of the insured; (s) That PatHgfar pall of real Properly on which you or any contractors of submntrantcrs wcrlong Miecty a Indfreclly on your behalf are performing opersfions, if tie "p,nperty damage' arises out of those operations; or (8) That particular part of any propefry that must be restored, repaired or replaced because 'your work' was Incorrectly performed on it Form SS 00 08 84 85 BUSINESS LIABILITY COVERAGE FORM Paragraphs (1), (3) and (4) at this exclusion do not apply to 'property damage" (other than damage by fire) to premises, Including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage 7o Premises Rented To You as described In Section O. - Urns Of Insurance. Paragraph (2) of this exciussan does not apply if the Premises are 'your work" and were never occupled, rented or held for rental byyou. Paragraphs (3) and (4) of this exclusion do not apply to the use orelevatom Paragraphs (3). (4). (5) and (6) of this exBusion do not apply to liability assumed under asidetrack agreement Paragraphs (3) and (4) of this axduslan do not apply to 'property damage" to borrowed equipment while not being used to perforin operrllarhs atajob site. Paragraph (6) of this exclusion does not apply to 'property damage' Included in the 'products -completed operations hazard'. I. Damage To YourProdua 'Property damage' to your produor arising outof it or any part aftt m. Damage To Your Work 'Property damage' to your work' arising out of it or any part of it and inctuded In the 'pmduclscampieted bperafions hazard': This exclusion does not apply it the damaged work or the work out of which the damage arises was performed on your behalf by a 5i.=nlradur. R. Damage, To Impaired Property Or Prop" Not Physically injured -Property damage' to -impaired popparty" or property that has not been physically injured, arising outafr (1) A defect, deficiency, inadequacy or dangemms condition in your product' or your work; or (2) A delay at falture by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does net apply to the less of use of other property arising out of sudden and acddentai physical Injury to 'your product or 'your work' after it has been ptttto its Intended use. Rage 7 of 24 BUSINESS UAEIL1TY COVERAGE FORM a- Rams] Of Prsduers, Work Or Impaired Property Damages claimed for any loss, Cost or ezfrense incurred by you or others for the loss of use. withdrawal, recall, inspection, repair, replacerrheaL adjustment, removal ordofposal of: (1) "Yourproducr; (2) 'Your work", or (3) 'Impaired property. if such product, work or property iv withdrawn or recalled ham the market or from use by any person or organization because of a known of suspected defect, dalclency, Inadequacy or dangerous condition in It. P. Personal And Advertising injury 'Personal and advertising Injury': (1) Adsng out of oral. written or e6WOnic publication of malarial, H done by or at the direction of the insured with knowledge of its falsity, (2) Adsfng out of Drat. wrtden or electronic publoton of material whose fest pulikeallon [DOE place before the beginning of the policy penod; (3) Arising out of a criminal act committed by oral the direction of the insured: (4) Arising out of any breach of contact; except an implied contract to use another's "advertising idea' in your 'advenisemenr; (5) Arising out of the laiure of goods, products err seiViras to conform with any statement of quality or Performance made in your 'advertsemont'; (6) Arlsing out of the wrong desolpaon of the price of goods. Products or services; (7) Arising out of any vfotadon of any inteiectuai property rights such as copyrjghL patent, trademark, trade frame, trade secret service mark or other d€signetloo of ongin or auihonlicily. However, this exclusion does not apply to krfringement, In your 'advertisement', of (a) Copyright; (tr) Slogan, unless the slogan Is also a trademark, trade name, service mark cr other designation of origin crauthentcity, or Page S 012A (c) Tide of any fiterary oramstie works (8) Atising out of an offense commuted by an fnwred whose buslneas Is: (a) Advertising, broadcasting, Publishing or telecasting; (b) Designing our determining content of web sites for others; or (c) An Internet search, access, content or sarvlce pfoyidan Hayfever, this e=lusion does not apply to Paragraphs a, b. and c. under the Oefinitdn of "personal and advert!" injury" in Section G. — Ilablity And Medical Expenses Cerinllions. For the purposes of Us exclusion, placing an "advertisement" for or linking to others on your web site, by Itself. Is not considered the business of advertising, bnradraskirg, pabfistdng ortelerastmg; (B) Arising out of an unit chat roam or bulletin board rho insured hews, owns, or over cilch the Insured exercises Control; (10) Arising cut of the unaulMrixed use of another's name or product in your e-mali address, domain name or mugs, or any other similar tactics to mislead another's potential customers; (11)Aising out of the violation of a person's right of pdvacY cleated by any state orfederal act HOWMI", dais exclusion does nal apply to daWiity for damages that the insured woudd have in the absence of such state err federal acs; (f 2) Anising out of; (a) An 'adveritsemanr for others on yourweb site; (b} placing a ink It a web site of others on your web site; (_) Corxerd from a web site of others displayed within a frame or border an your web site, Content includes imomhaton, code, sound,, tett, graplhix orimages;or (d) Computer code, soltware or progra imi g used to enable: (l) Yaur web rile; err (If) The presentation or functionality of an 'advertisement' or other content an your web site; Form SS e0 08 04 05 Buswess LIABILITY COVERAGE FORM BUSINESS LIABILITY COVERAGE FORM (1[3) ArWng out of a violation of any anti. trust luw7 (a) May be awarded or incurred by - 2. Applicable To Medial Espen,, Coverage e. A trust, u are an insured. Your stees y0 W (14) Adsing out of the Ilucluaf ri in price or reason of any claim or cult Waging actual or threatened ;rjury We will not pay expanses for'boelly injury': are also Insureds, but only with inspect In value of any slocfss, bonds or other or damage of any retire or kind to a. Any Insured their duties as trustees. securrri'es; or persons or property which would To any insured, except'voiumfewworkere. 2. Each of the fallowing Is also an insured: (15) Arising cut of discrimination or not have occurred in whole or In b. Hired Parson a. Employees And Volunteer Workers fiuminafran committed 6y or at the Part but for the "asbestos ha:cai -; To a persm hFrad la do wool for or on behalf Your 'volunteer workers' omiy while d radion of any "executive officer, (b) Arise out of any request, demand. of arty insured ora tenantafanyInsured pWcmNng duties related to the conduct of director, stockholder, partner or order or statutory or regulatory c Injury On Normally Occupied Premises your business, or your "employees', other member of the Immured. requirement that any Insured or than ellher your "wecutive officers (If you q. EkeMonle Data others test for, monitor, clean up, To a person injured on that part of are an zaaon Caner than a Damages arising out all Sols of, toss of � ng remove, encapsulate, apnyln. �A Vest, detoxify or neutralize or h premises you porn ar rent That the person normal occupies. ycompany} Partnership.venture . joint liability c nn p, joint r mann er Of or your managers Qf you are a use of, damage to, corrupann'bf, inability, any way respond to or assess the d. Workers' Compensation And Sfmllar - fintled liability company), but only for acts to access, or inability to manipulate 'eiedronic effects ofan asbestos hazard"; or taws within the scope of their employment by data'. {y Arise out of any claim or slni tar To a person, whether or not an you Or while performing duties related 10 r. Employment -Related PraCtfcas _ damages bemuse of testing for, -employee' of any Insured, Y benefits for the conduct afyour business. -Bodily injury or'personal and advertising —ilotng, cleaning up, removing, the -buddy Injury" are payable or must be However, none of these 'employees- or lnjoty to: emcepsulatl mnthlping, treating, provided under a workers' compensaill 'volunteer workers' are Insureds far: (1) A person arising out of any. dethldfybng or neulraltdng or In any or dlsatmilty benefits law ora similar law. {1} 'Sodlly lnjury' or 'personal and [a) Refusal to employ that person; WW respandng to or assessing Vie "aseestas e. Athletics AtUvitles advertising injury": (b) Tenmiratlon of that person's effects ofan hazard'. t Violation Of Statutes That Govern E- To a person Injured while practicing, (a) TO you, to your partners at employment or y Malls, Farr, Phone Calls Or Other instructing or participating In any physical members (If you are a partnershlp Cc) Employment-felaled praWoes. Methods Of Sending Material Or contamat or games, sports or athletic CO°yrs- venture), toyourmemhety (IF (if llmltetl poRcies, acts or orrMlons. sLoh as Inrormation you you are a gahility ooerdon, demotion, PvaNadon, "badly' in)ur}", 'pmpary damage'. or L Predut�-Completed Operations Hazard company), or to a oil employee" while in the course of his ar her reasslgrvnent dlsdptine, "personal and advertising injury' arising - Included with the 'produu:ts-completed employment or performing all defanne an, harassment, humlllationoperations direvliy or indirectly out of any ac6ors or hazard'. related to the conduct of your or dkatmhnabon dreeted m that omisaion that violates or is aUaged to g- Business Liability Exclusions tuusinees, ar to, your other person•, or violate_ - Excluded under Business Uablllly Coverage, 'volunteer workers' while (2) The spmse. child, parent. brother or (1) The Telephone Consumer ProleciTon C. WHO [SAN INSURED performing duties related to the sister of that person as a Act (TCPA), including any amendment conduct of your busrness: consequence of 'bacMy injury' or 'personal of or addil to such law; 1. If you are designated in are Declarations as: (b) To the spouse, child, parent and advertising Injury` to thepers at whom arty the (2) The CAN -SPAM Act of 200.3 Including a. An IndlvlduaL you and your spouse are brclhar or sister of that m- empan ra employment-Paragr practices any amendment of or addition to such insureds, but only with respect to the employee or that 'volunteer described in Paragraphs (a), (6}, M (c) loco; or conduct of a business of Wnlch you aro are worker as a mnsequante of above Is directed. {3) Any statute, ordlrraTCPA sole owner. Paragraph (1)(a) above; This exclusion applies: n a other than the TCPA or CPN -SPAM Act r P SPAMregulaAct b. A rmership or joint venture. Pa you em an y Ilgation {p) For which there is an a6 of 2003, that protdbds at limits the insured Your members, your partners, and th share damages wkh or repay (1) Whether the Tnsurad may be liable as se aura, communicating Ot lhefr es ala also lnsureds, but m with someone else who must pay an employer or In any other capacity; distrlhutionofmatertalorinfomtatioh_Your trioLtV. n ofm resPed'a the conductof b bless. da ea because of the ffrsA X17 and Damage Ta Premises Rented To You - c- A limited liability company, you are an dasaribed In Paragraphs (1)(a) or (2) To any ebagation to share damages Exception Far Damage By Fire, Lightning insured. Your members are also Irsnrads, {h) ahcve; or with or repay someone else who must or explosion but only will respect to rhe conduct of your (d) Arising out of his or her providing pay damages because of the injury. Exclusions e. through h. and k. through a, do business. Your managers are Insureds, but or falling to provide professional s. Asbestos not apply to damage by Gro, lightning or Orniy Witt respect le their duties as your health care Services. (1) "Booty injury, "property damage" or explosion to premises rented to you or rmarhagers. If you are not in the business pf Y `personal and advertising fnjury" tampor}rily occupied by you with perrnission of it. An organ'vaton other than a partnership, providing professional heallb cele adsfng out of the 'asbestos hazard", _ the owner. A separate LJmk of Insurance Mnt ventre or tmiW Ilabikly company, you serAcO. Paragraph (d) does not appy (2) Any damages, judgments, settlements. applies to this coverage as described le ars an insured. You'executive of cere,and to any nurse, emergency medical krss,c— or expenses ardt Simon D. - LJobility And Medical Expenses drectors are insureds, but any wE respect tedmiden or paramedic employed by Limits Of Insurance, to their duties as your often; or directors. you to provide such services. Your sloo&hdders are also Insureds. but" (2) "Fraparty damage" to property. wth respect to their flab ft as stockheiders. - (a) Owned. occupied or used by, Form SS 00 08 04 93 Page S of 24 Page f 0 of 24 Form SS al] an n4 as BUSINESS LULBILrtY COVERAGE FORM BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision doas not contract, wnden.agrWm@nt or because of a (e) Any failure to make Such cenlyd of, or over which physical - apply to: permit. issued- by a state or political irhsfiections, ad}ustments, tests or control Is being exercLsed for my (1) 'Bodily injury' or 'property damage" subdivision, that such person or organi atlan Servicing as the vendor has purpose by you, any of Your Matocc,uryed; or be added as an addi.Uonal insured on your agreed to make or normatky 'employees", 'volunteer workers', (2) 'Personal and a injury" pdGcy, prmritleo the Injury w damage occurs undertakesual to make in lha us any partner or member ed you we f arisCg out of an offense committed _ subsequent to Ute execution of the cantrad or course of business, in worrectian a partnership or joint venture), or oo mitted agreement, or the issuance of the permit with the distribution or sale of the any manOw Cif you are a limited before you acquirad or formed the - - - - -- - -- - - an addlb in parson dr athis_pr products; IWbikitycompany). organ®tion. that insured under Ihs_pmrsian only for that vis p (t) Oerrnnsnallon, Installation, b. Real Estate Manager 4, Operator Of Mobile Equipment period of time .required by the corrhact servicing or repair operations, Any person (ether then your `employee or With respect to'mobils squipmenr regisfisred in aereementor permit. except such operations performed 'Volunteer worker}, or any arganaation your name undue any motor vehicle regi5trahon However, ro such person ordrpantaflon Lan at the vendors premises in connection with the sale of the while acting asyour real estate manager. law, any person Is an insured while driving such additional Insured und0r.oiis provlsian Ef-such product, Q Temporary Custodians Of Your egrdpmant along a public highway with your person -or organhcatiart is inGuded as an Property PWftssitrrt. Any other person or orgarilmtion additional insured by An endorsement issued (g) Products which, after distib"on Any person or organization having proper responsble for the conduct a such person is by cis-and made a'_ art of this Coyera a Part, p - g w sale by you, have been labeled temporary custody of your property If you also an insured, but watt res ° pec la E Including ail persons ora organizations added or relabeled or used as a die, bulanly: t and - arising out of She oprraton of the equipment aril- -porhta3rter, as aad yorral insureds under .under_ the specific part or Ingredient o[ any only if no alfxr Insurance of any land savailable - co additional insured coverage grants-:ti Section other thing or substance by or for (t) With respect to liability arming out of the to that person or organ¢atlon fir this febi[ty. F.—Optional Additional insured Coverages, the vendor, or malntenaMJs or use 00hat property; and However, ho person or organizzl5m is an insured a. Vendors (h) "BPdily injury" or "PrvPerlY (2) Until your legal representative has wth respect (m Any peison(s) or pnganizatipnjs! (referred to damage' arising aid of the mala been appointed. a. 'Bodey Injury" to a oo "employee' of the J4�� t7ebw as vendor), but only With respect to negligence of the vendor for its d- Legal Representallve If You Die parson driving the equipment or 'badWy irW w "property deraaga' arising own and; or amiisionls or those of Your legal representative a you die, bur b. "Property damage" to property Owned by. out of "your products' which are distibuted actinits employees be w anyone else n its behalf. However, this only with respect to dutles as such. That rented to, In She charge of or occupled by a sold in bre regular course of the vendors i exclusion does not appy to: exclusion reAreserttative will have all your rights and you or the employer of any person who is busihess and �y if this Coverage Part 'n duties under this insurance. an Insured under this prowlsion. provides coverage [ur -bodily hJury' or (jThe excepliams contained a. Unnamed Suhsldlary 5. Operator of Nonowned Watercraft "property damage' included w" the Subparagraphs (d) or (f); or Any subsidiary and subsidiary thereat, of Wi0h respect rq watercraft you do not own that "products oompleled operations hazard". (EI) Such Inspect=, acjostnents, yours which is a iegafly incorporated entity s less than 51 fast long and Is not oaing used (1} The insurance afforded to the vendor tests or servong as; the vendor of which you oven a financial Interact of to carry persons for a charge, any person is an Is subject to the following additional has agreed to make or nam-Aly Undertakes to make in the Usual more than 50% of the voting stock on the insured while operating such watercraft with exduslons' mouse of business, in Thedins date of chis Coverage Part our permissicn. An o Y Y titer Person or This insurance does not apply connection wilh the dworieution The insurance afforded herein for an Y organization responsible for the conduct of a "Bodt Ino or 'property () y j P nY or sale pf the products sudsldEa not shown in the Oedarations ry such person is also an insured, but only with respect to liability arising out of the operation da maga" for which the vendor is wit o 2 ibis id does not a () ppy to any as a named insured does not apply to injury or damage with r lo which an j ry g Of the waEercraft, and only if no other obligaled to pay damages by reason of the assumption of pectge person from red insured under this irtsuranoe s also an umno- insurance o1 any kind is avatiable to that Iiablla in a contact or agreement y whinsored wfrmth you have acquired such ploducs, cq such insured under another pricy or would be person or organization for this liability. 7tds exclusion does not appy to e any 3n nt part or container,9or an Insured under such policy but For its However, m person or organization Is an liability for damages that the into, entering into, aCmrnpanyeg o contair&ng such products. termination Or upon the exhaustan of its tnswed with respect to: vendor would have in the absence limits of insurance. a. "Buddy Injury' to a CD- employee' of the of the contract or agreemer4; h. Lessors OF Equlpment 3. Newly Acquired OrFormad Organization person operating the watorcraft; or (b)Any express warranty (t) Any person or organization from Any organization you newly acquire or form, b. "Property damage' to properly owned by, urrauthonzed by you; Whom you lease equipment: but only other than a partnership, joint venture or rented m, in the charge of or occupied by (c) Any physical or chemical change with respect to their liability for "bodily injury, 'property carnage' or lirrillod liability company, and Over which you you or the employer of any person who is In the product made Inlentlanafly personal and advertising Injury"' y maintain financial interest of more Than 50% of an insured under this provision. by the vendor, caused, in whole orin part, by your the voting sto, w[II qualify as a Named 5. 'Addit)oiiaj Irisurad5 Wherr Rofjuired By (d) RepadragiM,t. except When ttteintertance, operation Of use M Insured R there is no other similar insurance avaWableto that organization. However. Wrltlen Contract. Written Agreement Or Permit unpacked safely for the purpose of equipment leased to you by such r5peption demonstration, testng, parson or organ¢aUpn. a. Coverage under ttds provision Is afforded The peisw(s) or-orgsnlxat9n(e) Idardified; its or the substitution of parts under only until the 15Oth day after you acquire '.Paragraphs a. through f. below-are additional bstuctions from the mmut!adurer. " Or form the organization or the end of the tnSureds when you have_ag(ved, Ina :widen and igen repackaged in the PCAW period, whichever Is earlier, and original container, Form SS o0 09 04 05 Page 11 of 24 Page 12 of 24 Form 55 00 08 04 05 SUSINESS L]ABILMY COVERAGE FORM BUSINESS UALMLITY COVERAGE FORM (2) Whh respectto the Insurance affiorded e. Permits Issued By Slate Or Poutltar (a) The preparing, approving, or This General Aggregate Omit does not to mese adddlanal Insureds, Ihis Insurance does not appy to any Subdlvlslotts rallure to prepare or approve, appy to "property damage" to premisas 'occurrence which takes place after (1) Any state or politica! subdivision, but maps. shop drawings. opinions, while rented to you or temporarily you cease to loose {hatequlpment. - only with respect to operations reports, surveys, Veto orders, occupied by you with pennlsslgn of the performed by you or on your hehaKfpr change orders, das3gns or owner, arising out of fire, lightning or C. Lessors Of Land Or Premises which the state or political subdhAsian drawings and spreifirations; or explosion. (1) Any person or organization from has issued a permit (b) Supervisory, inspection, 3, Each Occamance LmH wham you lease land or premises, but (Z) With respect to the Insurance afforded architectural or englnaedng or Subject to U. or 2.b above, whichever any with respect to Iiabillty arising out to these additional insureds. Ibis adlvices. applies, the most will pay for the sum of all the ownership, malnlenantre or use Insurance does not apply to: The llmhs of Insurance that appy to addidolaf damages because, of all 'bodily Injury", of ural part of the land or premises leased to you, ( a) "BodilyIna .proms damage" insureds are descnbed In Section D. — Limits 'Property p perry damage' and medical expenses nal or 'persona] and advertising _ 4f Insurance. arising out of arty, one 'ocafnence' is the (2) With respect to the insurance afforded injury` arising out of operations How iMs insurance applies when other Uab7hy antl Medicel Expenses Lroit shown in to these addsonal Insurads, this performed for the stale or Insurance is avabable to an additional Insured the Declarations. Insurance does notapptyto; munklpalIty; or is described In the Other Insurance Cannon Thar most we will pay for ail medlcaE expanses (a) Any "occurrence" which takes Ib) 'Bodily injury" or'Ropedy damage' In Sectlam E. - Uabllity And Medical Expenses because of 'bodily Injury- nhy Yim't place after you cease to Weep that Included wi0rn the 'products- General Conditions, one Person is the Medical Expenses land or be a tenant in that co mpleled opera5anshamrd'. No person or arganiration b an insured With shown In the Deolaraflons. premises; or f Any Other Party respect to the conduct of any current or past 4. Personal And Advertising Injury limit (b) Structural aheratiels, new (1) Any otirer person or oManizalfon who partnership, joint venture or limited llabllfy Subject to 2b. above, the most we will pay for t we wN a construction or demolition is not an insured under Paragraphs a, npmPar+y that Is not shown as.8 Named insured in the sum 6F all damages 811 operators performed sucby or on behalf of such through e, above, but only W4h Ina Deelaratfons- - 'Personal antl advertising injury* austained by parson or organization. respect to liability for 'bodily injury'. "proparry D. LIABILITY AND MEDICAL EXPENSES any ono person or organization is the Personal damage' or "personal and LIMITS OF INSURANCE and Advertising Injury Limit shown in the d. ArchttacL-, Engineers Or Suiveyors advertising Injury' caused, In whole or 1- The Most We NO Pay Declarations. (1) Any architedL engineer, or sraveyor, but In part by your ars or omissions or 5. Damage To Premises Rantedened To any with respect to fabildy for 'bodily the acts or omissions of those acting The Limits of Insurance shown In the injury, damage' or 'personal on Your behalf Y Declarations and the rules below fix the most The Damage To Premises -Bended To You o ya 'moor I and advertising Injury' posed, in whole your (a) In the performance d ur we will pay rrganlfess of the number of Umh Is the most we cull pay under Business or in ;Tart b)' your acor omissions ongoing operations; a Insureds; LiabilityCoverage for damages because of 'property the acts or onnssora of those acting on (b) In connection with your premises b. Cfaims made or "subs" brought; or damage to any one }remise,, while rented to you, or in the case of damage by fire, yourbehalf owned by or rented to you; or Persons cr orgmlmgens making claims or lightning or explosion, while rented to you or (a) In connection with your premises; (c) In tannectksnvAh yourworrand htlnging'sulLs". lemporariyOccupied by you with pannissbn of or Included within the "Products- Z, Aggregate Lfml� the owner. In the (b) performance of your completed operations hazard', but The most we wxll pay for. In the rase of damage by fire, lightning -or ongoing operators performed by you or on your behalf. only if a Damages because of U and g y con 1 arptcslon, the Damage In Premises Rented To (q The ovation tantraG or written 'property damage Included In the Yau Limit a Ges to all damage applies g proximate hl' afforded (2) With respect to the of agreement requires you to opemtlors hamrd" is caused caused the same event, whether such fins r ro those atltl Gonal insureds the provide such covemga tp the Pmducls-Completed Operations de tighfiing or explos on following additional exclusion applies: such addl4onal insured; and Aggregate lJmlt shove Ili dee any co bInationsults of or any combination of these. This Insurance does not aPPIY to (II) This Coverage Part provides Declaratons. ti. M�LlmltsA PPIy TO Additional insureds 'bodily injury, "properly damage' or coverage for "bodily injury or b, Damages because of all other 'bodily The most we will pay an behalf of a person ar personal and advertising injury' "properly damage' included i -u "Property damage' personal m �` ergantration who Is an additional insured arising out of the rendering of or the within the 'products- and 2rdver2iMn injury. di medial underthis Coverager Part is the lesser mf: g (alum to render any professional cornpleted operations hazard', expenses, Is M expenses, is the General Aggregate Limit l Aggregate a. The Omits of Insurance In a servIcas by or for you, Including: {2) With respell to the Insurance afforded shows In the Dadaratons, wrftten contract written agreement or agreement fa) The preparing, approving, or to these addillonat Insureds, this This General Aggregate Lim1f applies Perth issued hY a slate or ooPOpt torture to prepare or approve, Insurance does not apply W; e y Eeach of your `locutions" subdivision: or maps, shop drawings, opinions, 'Bodily injury', 'property damage' or Owned wnedd by orrented to y= b. iris Limits of lrtsurenrx shown In the reporbi. surveys, field orders. change orders, designs or 'Personal and adverlising injury" "Location" means Premises involving the Declarations. drawings and spectiip0ons; or arising out of the rendering of, or the falune to render, any professional same or wnnecUn lots, ar remises 9 p Such amount shall 6e a part of and not in (b) Supenfisory, Inspection, architectural, engineering orsurveyrng whose connection is intemrpled only by a addition to the Limits of Insurance shown In architectural or engineering services, including. Street, roadway or righlof-way of a the Declarations and descrb ad M this Section. activllles, ralimad. Form SS 0008 0445 Page 13 o£24 Page 14 of 24 _ Form SS 00080405 BUSINESS LABILITY COVERAGE FORM BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us rop[as of any This Paragraph f. applies separately to (3) We have issued (his policy In reliance policy and any endorsements attached therein demands, notices, summonses or you and any additional Insured, upon your representations. applies to any daim or °suit, the most we will pay legal papers received in connection 3_ Flnancial Responsibility Latins b. Unintentional Fallum To Dls01o6e umdar this policy and the endprsoments is the with the claim ar'sult'; a When this policy Is cerdfied as proof of Hazards single highest Gnrit of liability of all coverages (x) Authorthe us to obtain records and financial respons>bl4y, for the lulure under lfunintentlartally youshouldfaii todisclose or applicable to such claim or'suiP. However, this Omer Information; the provisioof any malar vehicle n all hazards relating W the conduct of your paragraph doss not apply Medial Expenses (3) Cooperate with us In the investigation, futancial responsibility law, the Insurance business at the Inception date of this limit settonh In Paragraph 3. above. settlement of the Claim or defense provided by the policy for 'bodily injury" Coveraga Pari, we shall not deny any The Limits of Insurance of tins Coverage Pan apply against the "suit"; and liability and "Properly damage" liability will coveruge under this Coverage Part separatety to each can ecutive annual pencd and to [4) Assist us, upon our request, aal in the comply with the provisions M the law to because of such failure an ramairi period of fess tw 12 months, starting y "� Pep g enlvrcemenl of arty right agarRst any a the extent M the coverage and limits of the 7. Otherinsurance with the beginrdrg of the policy period shown In the OacArall", uriess rhe policy pend is amended pgtsori or organization that may be insurance required by that law. 'mobile if other valid and culiectible insurance is aflar Issuance for an additional period of less Can 12 liable to the insured because of injury b. With respect to equlpmenI7 to available for a loss we i:gver under this monVa. in that case. Ire addtional period w4 be of damage 10 which this insurance which this insurance applies. we will Covera Yah, our obligations me limited as 9e 14 deemed part0the�lprecedingperedforpurposes may also app y. provide any GabiGty, uninsured motorists, of dwantrining the Limbs of Irnsuranca d. Obfigat3ons At The Insureds Own Cost underinsured motorists, no-fault or other aoiloP Primary Insurance No insured vnll. accept at that insureds own coverage required by any motor vehicie E. LLABILITY AND MEDICAL EXPENSES post, vdunlariy matte a payment assume law, We will providethe required Emits for This insurance Is primary except when b, GENERAL CONDITIONSany ob salon or oar any expense, o he 11050 coverages• below appfres. If other Iruurance IF also 1. 8ankruPtry gun forlirsrald, wohoulourconsertL 4. Legal Action Against tis Yvwill share with all that ocher Pn aankruptcy or insolvency pf the insured of of e. Additional Insured's Other Insurance No person or organtradon has a right under insurance a by the method described In c- b below. the inured'& estate will not relieve us of our If we cover a claim or 'Wh' under this IIIc Coverage Form: b, Excess Insurance Obligations under this Coverage Part 9 9 Coverage Part that may aim be covered a To join us as a a w otherwise brio us 1 party g 2. Duties in -Tire Event Of Occurrence, by other lnsuri mce available to an into a "suit' asking far damages from an This Insurance 15 excess over any of the Offense, Claim OrSuit additional insured, such additional insured insured; or other insurance. whether primary, excess, contingent or an any other basis: a. Notice aOccunense Or Offense must submit such dalm or 'sud° to the b. To sue us on this Coverage Form unless ugrar insurer for defense and tildemnigr, all of its terms have been fully complied {1) Your Work You Or any addiocnal insured must see th it that we are notified es Spon as However, this provision aces not apply to with. That Is Flm, Extended Coverage, practicable of art 'occurrence° or an the extent that you have agreed in a A person or organuation may sue Ins to recover Builder's Rlsk, Installalicn Risk at offense which may result in a rJaim. To written contract. waten agreement or on an agreed setlfentent or On a futal judgment slmRar coverage liN'your work": the extent possbia, notice should Include: primary a permit that this insurance Is primand against an irutrred; but we wr9 not be Rabfin 2 [ )ie Premises Retried To You non-contributory with the additional damages that are not payable under the lamrs d That is fire, lightning or ex losin 9 ns P (1) Now. when and what the'omrnenro' insured's own insurance. this insuranm or that aro in excess of the IrratJrarrp9 fpr remises ranted b P you or offense rook place; f Knowledge Of An Occurre Offense, 9 rape. applicable droit of insurance An agreed or temporarily by you with (2) The names and addresses of array Claim Or Suit settlement meant a settlement and release of owowne permission gftha owner, n ,r, ihjured persons and witnesses; and Rabdity signed by us, the insured and the {3} The nature and {acation of any injury Paragraphs a- and apply to you tq daiaantorthe dairrram'slegalreprtsemtagve. 3 Tenant Liability [) tY m damage arising out of theprrense, rb.e s any addlGonel Insured only when such 'oppumence', claim or "sift" is S. Separation Of Insureds That is insurance purchased by you to "occurrence" or otfer5e- known to: _ lInsurance. spier your liability as a tenant for 'prpperiy 11. Notice Of Claim (1) You or any addidonal insured that is and any rights or ulles speWcaliyassigned damage" 61 premises rented W you or temporarily ocplpled by you If a plaint is made or 'suit is brought an individual: in this policy to the first Named insured, [his with permission of the owner against an Insured, you or additional y �' {2} Any partner, f you dr an addiGwal insurance applies: (4) A[rcraf; Auto Or Watercraft Insured must: Insured is a partnership; a_ As If such Named Insured were the only (1) Immedialely remrd the spedrw5 o€ Ne An manager, it you or an addl[ional �) y g Nartwd Insured: and If the loss artsc5 out of the maintenance to tdtnot plasm or 'suit" and the date received; insured is a limited {(ahl6lycnmpany; b, Separately t0 each Insured against whom theOr subaect to Exclusion g. the ettlant rot subrect m Fxdtrs+on & of extent and (4) Any "exeaAve officer or insurance a claim is made ar'sult' is brought Secdon A.—Coverages. (2) Natty us as sawn as practiraWe. manger, if you or an ad0onel 6. Representations (5) Property Uamagu To Borrowed You at any adeitionai insured rndst sea to Insured Is a corporadun; a. When You Accept This Policy Equipmare Or use Of Elevators it that We receive a written mom of ate (5) ,any trustee, if you or an additional lay accepting this policy, you agree: If the loss arises our of 'property claim or"suit assoan as practicable, insured is a trust or (1) The statements In the Oedaratlon damage to burrowed equipmerd or c Asststarim And Cooperation Of The (6) Any elected or appointed official, ftyou are accurate and complete; the use of eieva[ors to the extent not Insured or an add[lo" insured is a pahtlglsubject (21 Those statements are based upon to Fxdusjon k. of Section A— You and any other involved Insured muse subdivision orputheentiry_ represenladons you made m us; and Coverages. Form SS 00 03 04 05 Page 15 of 24 Page 16 of 24 Form SS 00 00 04 05 (fit When You Are Added As An Additionai Insured To Other Insurance That is other insurance available to you covering OaNtity for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an adddanal Insured by that (nsumnce; or (T) When You Add Others As An Additional insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other Insurancm avaifabie to any person or olgarLmIlon who is an additional insured under this Coverage Parc (a) Primary insurance When Required By Contract This Insurance Is primary If you have agreed in a written eon"at, written agreement or permit that this TnsurancR be primary- If other insurance is also primary, we writ share with all that other insurance by the method described in a. befow. (b) Primary rind Non-Contritivtery' To Other :InsuranceWhen Required. By _Contract, If you have agreed In a written contract, written agreement or permit ttrat thls lnsurartce •15 primary and nonconfrlbutory with the additfordl .Insuned's own Insurnce. .11fid lnsuiance fs' primary and we ;Grill hat seek contribution from that other fhaurence- Paragraphs (a) and (b) do ndtappy to other Insurance to which the additional insured has been added as an addifional Insured. When this Insurance Is excess, we Wit have no duty under this Coverage Part to defend the Insured against any "suit" lfany other Tnsurer has a`dirly to defend the insured against that "suit". If no other insurer defends, we will undertake to do W, but wit WRl be entilfed to the Insured's tights against all those other insurers. Form SS 00 08 04 03 BUSINESS LIABILrTY COVERAGE FORM When this insurance Is excess aver other insumnoo. we will pay only our share of the amount of the loss. If any, that exceeds the sum of (f) The total annount that all such other Insurance would pay for the loss in the absence of this Insurance; and (2) The total of all deductible and self - Insured amounts untler all that other insurance. We will share the remaining loss, if airy, wdth ary ether Insurance drat is not descdhed in this Excess "urance. provtslon and was net bought spodgcaly to apply In atom of the Limns of Insurance shown in f)t+ Declarations of this Coverage ParL wx Method Of Sharing if act the other insurance permits contribution W equal shams, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable lima of insurance or none of the foss remains, whichever comes frsl. If airy of the othenirsurdnce does not pormH contribution by equal shares, we wOf corMbuffibylimils. Under Vsrnelhod,each Insurafs share Is based an the ratio of Its applicable ranil of bsurance to the total apprcabia Omits ofinsuranoe ofall Im rers- Transfer Of Rights Of Reeevery Against Others To Us a. Transfer Of Rfghts OSRecowery If the insured has rights to mpover all or Part of any payment. indudutg Supplementary Payments, we have made under this Coverage Part. those rights are transferred to us. The Insured must do nothing after loss to Impair them At our request, the Insured will bang "suit' or transfer those rights to us and help us enforce them. Thfs condition does not appy to Medical Expanses Coverage. b. Wefver Of Rights kRieevery„(Waiver OfSubrogatton). If Ste fnsUred has waled iris hb* hi. recovery :against any •person or otganizatipn for all drpart at anyyayment tnduding Supplementary Payments, we have made.under this Coverage Part, we at" waive that tight provided the insured waived their rights of recovery against such person or organizotlon in a contrdc� agreement or permit that was e'imlited pdortothe injury or,damage, Page tT of 24 BUSINESS LIA81UTY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If fisted or shown as applicable in the Declaration. one or mora of the fallowing Optional Addliki tan Insured Coverages also apply. When any of these Optional Additional Insured Covareges apply, Paragraph U. (Addillanal Insureds When Required by Written Conirmt, Written Agreement or Perhhlt) of Section C., Who Is An Insured, does not appy In (he person or organization shown In the Dedamflons. These coverages are subject to the Isms and wndh;orts aPpdcabfe to Business LlabiTity Coverage in [his policy, except as Provided below. t, Additional Insured - Designated Person or Organization WHO IS AN INSURED under Section C. is amerndad to Include as an gill insured the peman(s) or organbrtien(s) shown in the Declarations, but only with respect to tuthidy for "bodily Injury, 'property damage' or "personal and advertising injury caused, in Whole or in part by your acts or orrllssbra Or the acts or emissions of those acting on your behalf: m in the performance of your ongdng operations; or b. In connection With your premises owned by or rented to you. 2. Addi lorrdl Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section G is amended in hrdude as an additional Insured the parson(s)or cigantnetion(s) shown in the Oecl=Wns as an Additional Insured - Designated Person Or Organization; but cdy with respect W OabOiy arising out of the ownership, maintenanceor use of thatpartof the planises:eased to you and shown in the Declarations. Ill, With respect to the Insurance afforded to these additional insureds, the folloWSny Additional exclusfansappy: This insurance does not applyta-, (1) Any "occurrence' which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolfdon operations performed by or on behalf of such person or brgonizatlon. Page 13 of 2s 3. Additional Insured- Grantor Of Franchise WHO IS AN NSURE13 under Section G. Is amended to Include as an additional Insured the perscn(s) or organlntlon(s) shown in the Declarations as an Addf6nnal Insured - Gran or Of Franchise, but only with rasped to lhelr tabilty as granter of Franchise to you. d. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. Is amended is include as an additional insured the person(s) or organizations) shown In the Declarations as an Addidonal Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily in)uty", "property damage or "personal and advertising injury" caused, in whole or In part, by your maintenance, operation or use of equipment leased to you by such person(s) or argonization(s). b. With respect to the insurance afforded to these additional insureds, fits Insurance dam not appy to any "octunance' which lakes place after you cease to lease that equipment 5. Addlaor,al Insured - owners Or Other Interests From Whom Land Has Been Leased a, WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organizations) shown In the Declarations as an Additional Insured — Ownam Or Other Interests From Whom Land Has Been Leased, but only w8h respect to liability arising out of the ownership, mainterance or use of that part of the land leased to you and shown in the Declamlicrhs: b. With respect to the Insuranea afforded to these addhinnel insureds, the following addilienal eaclusonsappny: This Insurance does netappty to: (1) Any 'Murrence that takes place after you cease to tease that [and; or (2) Structural alterations, new conshuotion or demolmbn opersllons performed by air on behalf of such person or organiratian. 6. AddlUonal insured - Slate Or Pollffcar Sabd]vWan—Parrnits a- WHO ISAN INSURED under Section G. Is amended to include as an additional Insured rhe state or political subdivision shown in the Declarations as an Additional Form 55 011 08 0405 Insured – Stale Or Political Subdivision - Pmrrft, but only wkh respect m operatone performed by you or on your behalf for which the =to or po5tral subdivision has issued a permit b. With respeclto the Insurance afforded io these addttfonal insureds, Me following additional ayAusions apply' This insurance does not apply to: (1) "Bodily injury, 'property damage" or 'personal and advertising injury" arising out of operations performed for the state or municipality; or (24 'bodily Injury' or 'prop" damage" included in the 'product-compfelad operators" hazard. Additional Insured –Vendors a. WHO IS AN INSURED under SWkin C. is amended to include a i an addillonal Insured the porson(s) or organizatian(s) (referred to below as vendor) shown in the Declaretiuns as an Additional Insured - vendor. but only with respect to 'bodily Injury" or "property damage" arising Out of 'your producta" which are distributed or sold in the ragulat course of the vandoes busmess and only if this Coverage Part provides coverage Tor "bodily injury' or 'property damage" Included wimin the "products -completed operabons hazard". 0. The Insurance afforded to the vendor is subject to thefotowing additional exclusions: (1) This insurance does nm apply to: (a) "Bodily inter' or 'property damage" for which the vendor is obligated to pay damages by reason of the assumption or Ilabtity in a contractor agreement THs exciusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c} Any physical or chemical change in the product made intentionally by Rte vendor; (d) Repackaging, unless unpacked solely for the purpose of Inspection, demonstaton, testing, or the subsGtuton of parts under trsbuctores from the marwlacturer, and then repackaged in the original container, Form SS Op 118 0605 BUSINESS LIABILrTY COVERAGE FORM (e) Any failure to make such hspactlbr$, adjustments, tests or sgviong as the vendor has agreed to make or normally undertakes to make in the usual course of business, in conn"on with the distribution or sale of the products; (f) Demonstration, Installation, servicing or repair operadons, except such operations performed at the vendor's prerrises in connector with the sale of the producC (g) Products which, afkw distribuilon or sale by you, have been labeled or relabeled or used as a container, part or ingredient oiany other thing or substance by or for the vendor; or (h) -Sadly injury" or "properly damage" arising out of the sole negligence or the vendor for its own acts or omissions or these of Its employees or anyone else acting on its boML however, this oWusion does not apply to: (1) The exceptions contained in Subparagraphs (d) or [f); or (fl) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business. In connection with the dLstribullcn or sale of the products. (2) This insurance does not apply to any insured Person or organization from whom you have acquired such produce, or any Ingredient, part or container, entering into, accompanying or containing such products. AddlVonal Insured – Controlling Interest WHO IS AN INSURED under Section G. Is amended to include as an additional Insured the perscr(s) or orgarnzaton(s) shown in the Declarations as an Additional Insured – Cardrouing Interest, but only with respect to thelrllability arising out of: a. Their fuhandal control of you; or K Prem+ses they own, maintain or controf witila you lease cro=py these premises. Page 19 at 24 BUSINESS UABIUTY COVERAGE FORM This insurance does not apply W suucluml alterations, new construction and damolleon opera4'ans performed by or for that person or organization. 9_ Additional Insured – Owners, Lesseas Or Contractors – Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured th person($) or organizaton(s) shown in Ina OWaradons as an Additional Insured – Owner, Lessees Or Contractors, but only with respect to liability for 'bodily itgvey. 'property damage" or 'personal and advertsing injury" caused, In whole or in part, by your acts or omissions or the acts or omissfas of those acting on your banal: (1) In the perfarmance of your ergdng operations for the additional Insuted(s); or (2) In connection with -your work" performed for that additional insured and included within the 'products - completed operations hazard", but only If %tins Coverage Part provides coverage for "bodIIy injury or 'property damage" included within the 'products -completed operations hazard". b. With respect to the insurance afforded to these additiord insureds, this Insurance does not apply to "bodily Injury. "property damage' or 'personal an advertising injury' arising out of the rendering of, or the failure io render, any professional arehgequral, engineering or surveying services. including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surreys, told enders, changearders, deeigas or drawings and speciflcalJons; or (2) Supervisory, inspection. arctutectural cr engineering activities. 10. Additional insured – Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. Is amended m include as an addiflonal insured Me peson(s) or Organitadoa(z) shown in the OeGaratfons as ars Additional Insured – Co- Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. Page20 of24 The limits of insurance 9181 apply to additidnai msureds am described In Section 0. – Urnits 01 Insurance. How this insurance applies when other insurance is available to— addlrional 'Insured is described hn the Other Insurance Corhditon in Section I- – Ltatoilily And Maddcat Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES Di`EINITIQNS 1. "AdvelLsament' moans the widespread public dissernuration of information or images that has the purpose of inducing the sale of goods, products or services tnnogR a. (1) Radio; (2) Telavlsicn; (a) billboard; (4) Magazine; (5) Newspaper, b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale or goods, products or services; or c. Any other publication that is given widespread public distribution. However. "advertisement' Goes not moluda: a. The design, printed mat". information ar Images contained in. on or upon the padlQging or labeling of any good$ or products; or b. An Interactive oanversaton between or among persons through a computer network 2. 'Advertising ices' means any idea for an "adverusemeM'. 9. 'Asbestos hazard' means an exposure or threat of exposure to the acarai or alleged Properties of asbestos and includes the more presence of asbastas In any farm 4. 'Auto' means a land motor vehicle, trailer or semi-tralier designed for travel an public roads, induding any attached machinery or equipment. Out "aufp' does not 14Guda "mobile equipment'. 5. 'Bodily injury' means physical: a. Injury^, b, Sickness: or c. Disease sustained by a parson ard, if adsmg wr orthe. above, mental anguish or death at any time. 6. 'Coverage lerntoty means: Form SS 00 00 04 05 a. The Unitad Slates ofAmerira tholudahg its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only It the injury or damage accurs in dee course of travel or transportation between any places Included in a. above: o. All other parts of the world if the Injury or damage arises outoi: (1) Goods or products made or sold by you in me territory desenbed in a. above; (2) The activities of a person whose home Is M the territory described in a, above, but is away for a Short time an your business; or (3) 'Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication provided the fnsured's responsibility to pay damages Is determined In the United States -of America (including its territories and possessions), Puerto Rico or Canada, In a "suit" an the merits according to the substantive law in such territory, or In a 5681ementwe agree to. T. 'Electronic data' means Information, facts or programs: a. Stared as or an,- b, n;b, Coated or used on; or e Transmitted to orfrom computer soilware. Including systems and appropriate; software, hard or floppy disks, CNROMS, tapes, drives, cells, data processing davrces or any other media which are used with electronically controlled equipment S. 'Employee' Includes a 'leased worker'. 'Employee' does not include a 'lamporary worker'_ 9. 'Executive ofiicer, means a person halding any of the olHcer posmlons created by your charter, constitution. by-laws or any other similar governing document 110- 'Hostile fire• nears one which becomes uncontrollable or breaks out from where It was Intended to be. it -Impaired property" means tangible property, otter man ^your pmducr or your woW, that cannot be used ors fess useful because: a. h incorporates yore predurY nr ^year warlC that is knovm or lhoughl to be defective, delolent inadequate ordengannus: ar Fours SS 00 08 04 05 SUSMESS LIABILfIY COVERAGE FORM b. You have failed to fulfill the terms of a contract oragmement if such property can be restored to use by; a. The repair, replacement, adJustmenl or removal of'your produar or 'your work'; or 6. Your fulllh ting the larms of the contract or agreement 12. 'Insured contract' means A. A contrast for a lease of premises. However, that portion of the contract for a lease of promises that Indemnities arty person or organizahan for damage by fire, righhting or explosion to premises while mired to you or temporarily ocarpled by you with permission of the owner is subject to the Damage To Premises Rented To You Ilmlt described In Section D. — Liability and Medical Expenses Units of Insurance. b_ Asidebackograement; e- Arry easement or license agreement, Including an easement or license agreement In connection with construction or damofilion operaaone on 4r within 50 feet of a raiboad; d• Any obligation, as required by ordinance, to indemnify a munidpality, except In connection with work for a munldpaf try, e. An elevator maintenance agreement; or 1. That part of any other conhaot or agreement pertaining to your business (nduding an indemnification of a municipally In connection with work performed for a municipality) under which you assume the tort liability of another parry to pay far'bodpy Injury' or "property damage' to a third person or organ'rcatibn, provided the 'badly Injury" or 'property damage" Is caused. In whole or In part by you or by those acting on your behalf - Tort ifablrily means a ITabi ity that would be Imposed by law In the absence or any contract or agreamanu Paragraph L Includes fiat part of arty contract or agreement that Indemnities a railroad for *badly Injury' or 'property damage adsing out of Construction or demolition operations wlhln 50 feet of arty railroad property and affecting any railroad bridge or tre Ile, tracks, road -beds, tunnel, underpass or ernssing. However, Paragraph C does not Include that pad of any contract or agreement: Page 21 of 24 BUSWESS UABILITY COVERAGE FORM p) That Indemnities an architect, engineer or surveyor far Injury or damage arising out oF. (a) Preparing. approving or fallI to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specificattorus: or (b) Giving directions or inshudbns, or railing to give them, h that Is the prnnary cause of the injury or damage; or (2) Under which the insured, if an architect,engineer or surveyor, assumes liability for an Injury or damage arising out of the insured's mndering or fallwe to render professional services, incWing those Uated In (1) above and supervisory, inspection, architectural or angineenmEl activities, 13. 'Leased worker' means a person leased to you by a tabor leasing tam under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. 'Leased worker' does not include a'Isi pordry worker. 14.'Loading or unloading' means the handiing of property' a. After it is moved from the place where it Is accepted for movement ire" or onto an alraraf , watercraft or ^auto'; b. While It is fir or on an aircraft, watercraft or 'auto% or c. While It Is being moved from an aircraft, watercraft or'aute to the place where k Is finally delivered; hut'Wadng ar unloading" does not indude the movement of property by means of a mechanical dav;ce, other than a hand truck that is not aeathed to bre afrar-A wateraa}f cr "auto'. 15. 'Mobile equlpmonl' means any of the following types of rand vetiFcles. Including arry attached madhinaryor equipmenC a. Sulldoaers, farm machinery, rorktips and other vehicles deslgred for use principeify off public roads; b. Vehicles maintained for use solely on or next to promises you own or rent; c Vehides ghat travel on crawler treads; d: Vehicles, whether self-propelled or not on which are pennanenty mounted; Page 22 of 24 (1) Power cranes, shovels, loaders, diggers or drills: or (2) Road consbddion or resudadng equipment such as graders, scrapers or rollers; e. Vehicles not described in a, b., c., or d. above that are not self-propelled end are maintained pdmadiy to provide moblity, to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, buitding cleaning, geophysical exploration. lighting and well servldngequipment pr (2) Cheny pickets and eimlar devices used to raise or lower workers; It. Vehides not dascdbad in a., b., a, or d. above maintained prfmartly for purposes ocher than the nwarmpottation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not'mcblle equipment' but wll be considered "autos": (1) Equipment of at least 1,000 pounds gross vehicle weight designed pdmarly for. (a) Snow removal; (tr) Road mainlenence, but not construction or resurfaning; or (c) Street cleaning; (2) Cherry plekers and similar devioes mounted on automobile or truck chassis and used to raise or lower workers, and (3) Air compressors, pumps and generators, indudoic spraying, welding, building cleaning. geophysical exploration, fighting and well sain icing equipment 18. "Occurrence means an accident, Including mrntinuous M repeated exposure 13 subsfandally the same general harmful cendl iarhs. 17. 'Personal and advertising injury' means Injury, including consequential bodily injury, arising out of one or more of the iollowing offenses: a. False arrest detentlm or impdsonment b_ Malitiousprosecution; Form SS 60 318 a6 05 c. The wrongful eviction from, wronglW entry into, or Invasion of the right of private ovoupency of a room, dwel ing or premises that the person occupies. committed by or on heW of its owner. landlord or lessor, d. Oral, wdtten or elaWonic publication of material that slanders or tome a parson or orTannaidon or disparages a parson's or organization's goods, products or services: e. Oral. written or eleciromc publication of material that violates a person's right of privacy; f Copying, In your "advertisement, a persons or organtzadon's "adverdsing idea air aty)eof"advertisement g. infringement of copyright, slogan, or fide of any Ilterary or arlistlt work. In your "advarffsemenI or h. Oiscriminatlon or humIIiation that results in injury to the feelings or rspulI of a natural person. 19. ToautanLc means any solid, liquid, gaseous or choanal immra or ca tamman4 induding smoke, vapor, soot. Mmes, acids. a[kahs, chemicals and waste. Waste includes materials to be repArld, reacndtioned or reclaimed. . 16. 'Produds-campleted operations hazard'; a. Includes all "bodily injury" and "property damage' attuning away from premises you own or rant and arising out Of'yow product' or'yWrwoW eeteept (1) Products that are still in your physical possession: or (2) Work that has not yet been completed or abandoned. However. "your war€' will be deemed to be completed at the eadlest of the following rimes: (a) When aft of the work called for in your contract has been completed. (b) When all of une work to be done at the job site has been cempleled if your contract calls for work at more than one job sire. (c) When that part of the wmk done at a job site has been put to its intended use by any person or organization other than anolhar mnbactor or subcontractor working On the same project Fomt SS 00 0a 04 05 BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, cvrredlon, repair or replacement but which is otherwise complete, will be usated as completed. The "bodily injury' or 'property damage" must occur away from premises you own or react unless your business includes oto sellklg, handling or distribution of "your producr for CO3SLIMptiOn do premises you own or rent b. Does not induds "bodily Injury' or 'property damage" arising out oh (1) The transportation of property, uatess the injury or damage arises out or a condillon In or on a vehicle not owned or operated by you, and that condition was created try the 'loading or unloading" of that vehicle by any insured; or (2) The existence of tools, unirmisled equipment Cr abandoned or unused materials. 20. 'property damage• means: a Physical Injury to tangible property, including ab reselling loss of use of that property. All such foss of use shalt be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that Is not physically Injured. AN Such loss of use shag be deemed to occur at the time of 'occurrence that caused it. As used In this dofnifidn. "clixlmrdc data' is not tangible property. 21. "Sul(' means a civil proceeding in which darnsgas bemuse of dangly injury', 'property tlamage' or'personaf and advertising Injury" to which this insurance applies are alleged. 'Suit' Includes: X An arbitrafi0n proceedutg in which such damages are claimed and to which the utsured must submit or does submit with our consent; or b.' Any other alternative dispute resolution proceeding in which such damages are claimed and b which the Insured submits with our Consent 22. Temporary worker- means a person who is furnished to you to subsfilute for a pemranent 'employee' on leave or to meat seasonal or shonAenn workload conditions. 23- "Volunteer worker' means a person who: a. Is =your -enI Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Dnnalet his or her work; c. Acts at the dtetlion of and within one stype of duties determined by you; and d. Is not paid a fee, salary or ether compertsalion by you or anyone else Por their work performed for you. 24. 'Your product: a. Means: (1) Any doodle or products. other than real property, manufactured, said, handled, distributed or disposed of by. (a) You; (b) Others trading under your name: or (c) A person or organlzafion whose business or assets you have acquired; and (2) Corrtalners (othm than vehicles), materials. parts or equipment furnished In connection with such goods or products. b. Incudes: (1J Warrantiesorrepresentadon€rnadeat any time with rasped to the fdneea, quality, durablRy, performance or use of'your produon and Page 24 of 24 (2) The providing of or iallwe w provide warnings or Instructions. c. Does not iodide vending machines or other property ranted to or located for the Lisa of others but not said. 25, 'Yourworle: a. Meares; If) Work or operations performed by you or on your behalf, and (2) Materials, parts or equipment furnished in connedionwith such work or operations. It. Inotudes: (1) Warranties or representations made at any time with respect to the frptess, quality, durability, performance or use of your work ; and (2) The providing of or faifule to provide warnings or IRStrucilona. Farm SS 00 08 04 05 QUICK REFERENCE BUSINESS LIA BILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM 13eginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1s 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions In this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named insured shown in the Declarations. The words 'we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury' to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result But: (f) The amount we Wil pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b_ This insurance applies: (1) To "bodily injury" and damage" only if: "property (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the poiicy period, no insured listed under Paragraph f. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the 'bodily injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Pagel of 24 0 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or vernal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury" or "property damage"; or applicable limit of insurance. We will pay (3) Becomes aware t)y any other means that reasonable expenses for; "bodily injury' or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, injury". professional nursing and funeral e. Incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of bail bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business liability Coverage for "bodily injury" applies. We (b) You are not engaged in the do not have to fumish these bonds, business or occupation of providing such services. (3) The cost of appeal bonds or bonds to (2) For the purpose of determining the release attachments, but only for bond limits of insurance for incidental medical amounts within the applicable limit of malpractice, any act or omission insurance. We do not have to fumish together with all related acts or these bonds, omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us in the considered one "occurrence". investigation or defense of the claim or 2 MEDICAL EXPENSES "suit", including actual loss of earnings up to $500 a day because of time off Insuring Agreement from work_ a_ We will pay medical expenses as described (5) All costs laxed against the insured in Wow for "bodily injury" caused by an the "suit", accident: (6) Prejudgment interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any 1 The accident takes lace in the () P judgment that accrues after entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are incurred and reported part of the judgment that is within the to us within three years of the date of applicable limit of insurance. the accident; and Any amounts paid under (1) through (7) (3) The injured person submits to abode will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 b. If we defend an Insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (f) Cooperate with us in the investigation, settlement or defense of the "suit"; (II) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (Iii) Nobfy any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (if) Conduct and control the defense of the Indemnitee in such "suit". BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary Iftigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section S. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. S. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury' arising out of an offense committed by, at the dire cUon of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "EWIly injury", "property damage" or "personal and advertising injury that the insured would have in the absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", Provided the "bodily injury' or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (l) Liability to such party for, or for the cost of, that pertys defense has also been assumed in the same "insured contract", and (d) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liabilfty "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The famishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury' to: (1) An "employeo" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the Conduct of the insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract", f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this subparagraph does not apply to: (f) "Bodily injury" it sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cod or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (11) "Bodily injury" or "property damage" for which you may be held liable, if you are a Contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rerded or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire", subcontractor, (b) At or from any premises, site or (iii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor, or as waste by or for: (iii) "Bodily injury" or "property (1) Any insured; or damage" arising out of heat, (ii) Any person or organization for smoke or fumes from a hostile fire",- or whom you may be legally responsible; (e) At or from any premises, site or (d) At or from any premises, site or location on which any insured or any location on which any insured or contractors or subcontractors working directly or indirectly on any any contractors or subcontractors insured's behalf are parfonning working directly or indirectly on operations if the operations are to any inured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, .pollutants' "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (1) "Bodily injury' or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the govemmental authority. premises, site or location with the intent that they be discharged, dispersed or Forum SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft "Bodily injury" or "properly damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insures. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, rf the "occurrence" which caused the "bodily injury" or "property damage' involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to, (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew, However, this exception does not apply if the insured has any other insurance for such "bodily injury' or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of. - (1) f:(1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. i. War "Bodily injury", "property damage` or "personal and advertising injury", however caused, arising, diredty or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising servims; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming,- (7) rooming;(i) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; Page 6 of 24 Form SS 00 08 04 05 (8) Cptornetry or optometric services including but not limited to examination Cyr the eyes and the prescribing, preparation, fitting,demonstration or distribution of ophthalmic lenses and similar products; (3) Any. (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the Insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 9.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of reaf property on which you or any contractors or subcontractors worming directly or indirectly on your behalf are performing operations, If the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. BUSINESS LIABILITY COVERAGE FORM Paragraphs (1), (3) and (4) of this exclusion do not apply to "properly damage" (other than damage by fire) to Premises. including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit Of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits of Insurance, Paragraph (2) of this exclusion does not apply If the premises are "your work" and were never occupied, rented or held for rental by you, Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". 1. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and inducted in the "products-oompleted operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not physically Injured "Property damage" to "impaired property" or properly that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product' or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to .your product" or "your work" after it has been put to its Intended use. Fom SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product; (c) An Inteme# search, access, (2) "Four work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not it such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And ,AdeartWng Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by (1) Arising out of oral, written or electronic itself, is not considered the business publication of material, if done by or at of advertising, broadcasting, the direction of the insured with publishing or telecasting; knowledge of Its falsity; (9) Arising out of an electronic chat room (2) Arising out of oral, written or electronic or bulletin board the insured hosts, publication of material whose, first owns, or over which the insured publication took place before the exercises control; beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail by or at the direction of the insured; address, domain name or metatags, orany other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use "advertising (11) Arising out of the violation of a another's idea" in your "advertisement"; person's right of privacy created by any state or federal act - (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement'; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images, or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (i) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisemenr or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 (13) Arising out of a violation of any anti- trust law, (1.4) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, ads or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that parson; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to the person at whore any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury" "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: BUSINESS LIABILITY COVERAGE FORM (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard": (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". L Violation Of Statutes That Govern E - Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition 10 such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information - Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. Forma SS 00 08 04 05 Page 9 of 24 13USINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers'. b. Hired person To 8 person hired to do worts for or on behalf Of any iinsured or a tenant of any insured. c. Injury On Norma4 Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, it benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the oonduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also Insureds, but only with respect to their liability as stockholders. e, A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the oonduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co "employee' while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as a consequence of Paragraph, (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by. Page 10 of 24 Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a gamed Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) *Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such persona is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an Insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises inconnection with the sale of the additional insured under this provision if such product, person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injur/' or (i} The exceptions Contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to! connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 0405 (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises ('t) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that pari of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in pari, by your acts or omissions or the acts or omissions of those acting on your behalf. (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications: or (b) Supervisory, inspection, architectural or engineering activities. BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "properly damage" included within the "products - completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) in the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured: and (ii) This Coverage Part provides coverage for 'bodily injury" or "property damage" included within the "products - completed operations hazard"_ (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury" "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, (field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of insurance, How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. U. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations_ This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you_ "Location" means premises involving the same or connecting lots, or premises whose connection Is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever appiies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations_ Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page '14 of 24 Form SS 00 08 04 05 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance_ E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took {dace; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: BUSINESS LIABILITY COVERAGE FORM (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authodze us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply, d, Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual, (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (B) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORMA This Paragraph f, appiies separately to you and any additional insured. 3. f=inancial Responsibility Laves a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a parry or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are In excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Either Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage fart, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies_ if other insurance is also primary, we will share with all that other Insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, oontingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Dented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft It the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance_ We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarafions of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits, Under this method, each insurers share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 6. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of reoovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3, Additional Insured - Grantor Of franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations_ These coverages are subject to the amended to include as an additional harms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below. Insured — Lessor of Leased Equipment, 1. Additional insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing S. Additional Insured - Owners Or Other operations; or Ingests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a, WHO IS AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an addifional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b, With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply. (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization. (a) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision —Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page IS of 24 Form SS 00 08 04 05 Insured -- State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. T. Additional Insured - Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of .your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability (or damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked sok-4y for the purpose of inspection. demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; BUSINESS LIABILITY COVERAGE FORM (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the Usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation. servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (I) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products, 8. Additional Insured -- Controlling interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b_ Premises they own, maintain or control while you lease or occupy these premises. Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured - Owners, Lessees Or Contractors - Scheduled Persson Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, In whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) in the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only ff this Coverage Part provides coverage for "bodily injury" or "properly damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activfties. 90. Additional Insured - Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured - Co - Owner Of Insured Premises, but only with respect to their liability as co-owner of the premises shown in the Declarations. The limits of insurance that apply to additional insureds are described in Section D. -- Limits Of Insurance. How this insurance applies when other insurance is avaiiabie to an additional insured is described in the Other Insurance Condition in Section E. - Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment But "auto" does not include "mobile equipment". 5. 'Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above, c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or solid by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United Stales of America (including its territories and possessions), Puerto Mico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. S. "Employee" includes a "leased worker"_ "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or 'your work" that is known or thought to be defective, deficient, inadequate or dangerous; or BUSINESS LIABILITY COVERAGE FORM b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of 'your product" or 'your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. -- Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the fort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in pari, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form S5 00 08 t}4 05 Page 21 of 24 BUSINESS LIABILITY COVERAGIE FORAM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker` does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cheng pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street Leaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers: and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general hanTiful conditions. 17. "Personal and advertising injury" means injury, Including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution: Page 22 of 24 Forme SS 00 08 04 05 C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy: f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or redaimed_ 19. "Products -completed operations hazard", a. Includes all "bodily injury' and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than onejob site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b, Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handfed, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and Page 24 of 24 (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Inctudes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Form SS 00 08 04 05 Form 1N-9 Request for Taxpayer Give f=orm to the {Rev.December 2rea Identification Number and Certification requester. I not DepaMrentotOreTreasury send to the IRS. Internal Revenue Service 77N on page 3. Note. If the account Is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer identification number guidelines on whose number to enter. Is���� lsl -Mo o a a 7 s Certification Under penalties of perjury. I certify that; 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding; and 3. ) am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign Signature of j,�.��� a ���,, Here U.S. person* Ct 6f`iRlJv" r� t�fKl' Cpm/ ��Date► a General instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.ir5.9ov/fw9. Purpose of Form An -individual or entity (Form W-9 requester) who is required to file an iniormatlon return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSI+!). Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identification number (FIN), to report on an information return the amount pard to you, or other amount reportable on an information return. Examples of information returns include, but are not rimited to, the following: • Form 1099-INT(interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of Income. prizes, awards, or gross procaads) • Form 1099.8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from rear estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098•E (student loan Interest), 1099-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S- person (including a resident alien), to provide your correct TIN. N you do not return Farm W-9 to the requester with a TIN, you might be subfec€ to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TiN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. and 4. Certify that FATCA code(s) entered on this form Of any} indicating that you are exempt from the FATCA reporting, is correct, See What is FATCA reporting? on page 2 for further information. Cal- No. 10231X Form W -s (Rev. 12-2014) 1 Name (as shown on your Income tax return). Name is required on this line; do not leave fhls line blank, TPC Group Inc. 2 Business name/disregarded entity name, if different from above CF) The Planning Center 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to IndivlduaVsole proprietor or C Corporation ❑ S Corporation ❑Partnershlp TuVestate c erain entities, not individuas; seeo instructions on page 3): c a single -member LLC ❑ Limited )lability company. Enter the lax classification (C=G corporation, 5=5 corporation, P=partnership) ► Exempt payee code (if any) 5 `o Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting the tax tax classificatlon of the single-rnember owner. code (if any) NSA IL O El Other (see Instructions) b- es b eccounrsmaintainea autsida the Us. 1 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) C 2 E Congress Ste 600 m 8 City, state, and 21P code m rn Tucson, Arizona 65701 7 List account number(sl here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number For individuals, this is generally your social security number (page However, (ora backup withholding, sole resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other � — m entities, it is your employer identification number (EiN). If you do not have a number, see Now to aet a 77N on page 3. Note. If the account Is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer identification number guidelines on whose number to enter. Is���� lsl -Mo o a a 7 s Certification Under penalties of perjury. I certify that; 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding; and 3. ) am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign Signature of j,�.��� a ���,, Here U.S. person* Ct 6f`iRlJv" r� t�fKl' Cpm/ ��Date► a General instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.ir5.9ov/fw9. Purpose of Form An -individual or entity (Form W-9 requester) who is required to file an iniormatlon return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSI+!). Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identification number (FIN), to report on an information return the amount pard to you, or other amount reportable on an information return. Examples of information returns include, but are not rimited to, the following: • Form 1099-INT(interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of Income. prizes, awards, or gross procaads) • Form 1099.8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from rear estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098•E (student loan Interest), 1099-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S- person (including a resident alien), to provide your correct TIN. N you do not return Farm W-9 to the requester with a TIN, you might be subfec€ to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TiN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. and 4. Certify that FATCA code(s) entered on this form Of any} indicating that you are exempt from the FATCA reporting, is correct, See What is FATCA reporting? on page 2 for further information. Cal- No. 10231X Form W -s (Rev. 12-2014) T.AIN,y� c Y zn SQ- Meeting 5 Date: 914/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Administration Staff Contact Information: Scott Cooper, Economic Development Director scooper@fh.az.gov 480-816-5104 REQUEST TO COUNCIL (Agenda Language): CONSIDERATION OF CONTRACT #2019-22, in the amount of $27,000, with a cumulative total of $54,000, from the Canvass Group, for the purpose of assisting with a commercial business and retail recruitment campaign. Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Staff Summary (background): In 2017 a supplemental budget request in the amount of $50,000 was made for a consultant to assist with a commercial business and retail recruitment campaign. This amount was for year one of a potential three year campaign. After researching and interviewing three consulting companies, Retail Strategies was selected. Over the last 12 months, staff spent a considerable amount of time working with the two principals of this company. Staff felt comfortable and confident in their abilities to maximize our combined efforts. in June staff was made aware that the key principals would be leaving Retail Strategies to form their own company, The Canvass Group. With their community knowledge, continuity with potential retailers and relationship with staff, it is in the town's best interest to stay with the original principals and continue the relationship with the new company, The Canvass Group. The fee for the second and third year of the campaign would be $27,000 per year. This is $36,000 less than continuing with the previous company. Risk Analysis (options or alternatives with implications): Not moving forward with the commercial and retail recruitment campaign would be a detriment to the three year commitment that was initially set for this project. A sizeable amount of time and effort has been spent in the first year in gathering and analyzing data, then introducing that information to potential regional and national retailers. The town is committed to this campaign, so discontinuing would be a loss of momentum the town has made. Fiscal Impact (initial and ongoing costs; budget status): The initial cost of this program was $50,000 for the first year (2018). Changing consultants and moving forward with The Canvass Group, the cost for 2019 would be $27,000 and the 2020 cost would be $27,000. Staying with Retail Strategies for 2019 and 2020 would total $85,000. This program was budgeted for in 2019 and comes from the Economic Development Fund. Budget Reference (page number): 294 Funding Source: Economic Development Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjust Rage 1 of 2 ment Form: Yes Recommendation(s) by Board(s) or Commission(s): Staff Recommendation(s): Approve List Attachment(s): SUGGESTED MOTION (for council use): Move to APPROVE contract with The Canvass Group in the amount of $27,000 Pre d by: Scott Cooper, IEc nomic Developmen erector 7130 2018 Director's Approval: NA --8F2-12 717 Approved: 4. rady E. Miller, Town ager 7/30/2018 Page 2 of 2 Contract No. C2019-022 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CANVASS COMMUNITIES, LLC DBA THE CANVAS GROUP THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is entered into as of September 4, 2018, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), and Canvass Communities LLC d/b/a The Canvass Group, a Texas limited liability company (the "Consultant"). RECITALS A. Pursuant to Section 7.1 of the Town Procurement Policy and 3-3-26 of the Town Code, the Town may directly select certain consultants for professional and technical services. B. The Consultant possesses the specific skill and experience in retail analytics and real estate consulting required to provide consulting services for a commercial business and retail recruitment campaign as needed by the Town. C. The Town desires to enter into an Agreement with the Consultant to perform the storm water support services, as set forth in Section 2 below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: I . Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect for a period of one year from the date stated above. This Agreement may be extended in one-year increments for a maximum of one additional term, upon the mutual agreement of the parties in writing. The Agreement may be terminated prior to its termination date as otherwise provided in this Agreement 2. Scope of Work. The Consultant shall provide the consulting services for a commercial business and retail recruitment campaign ("Services") described and set forth in the Scope of Work attached hereto as Exhibit A, subject to the terms of this Agreement. 3. Com ensation. The Town shall pay Consultant an amount not to exceed $25,000.00 per year for the Services, and not to exceed a maximum of $50,000.00 including all renewals. In addition, the Town is authorized to reimburse Consultant up to $2,000.00 per year for travel and associated expenses incurred in connection with Consultant's Services when that PHOENIX 77018-14844170 negligent acts, recklessness or intentional misconduct of the Consultant, its officers, employees, agents, or any tier of subcontractor in connection with Consultant's wort: or services in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to Atuz. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town's option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement, but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers' Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term_ All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Consultant's insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. PHOENIX 7701&1 4844170 (a) Commercial General Liability — Under Insurance Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent. (b) Auto Liability — Under ISO Form CA 20 48 or equivalent. (c) Excess Liability — Follow Form to underlying insurance. (2) Consultant's insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. (4) ACORD certificate of insurance form 25 (2011/01) is preferred. if ACORD certificate of insurance form 25(2001108) is used, the phrases in the cancellation provision "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company6, its agents or representatives" shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. l 1.2 Required Insurance Coverage. A. Commercial General Liability. Consultant shall maintain ``occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products - completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you." If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant's owned, hired and non -owned vehicles assigned to or used in the performance of the Consultant's PHOENIX 7701 S-1 4844170 such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date_ 12.3 Due to Work Stoppao. This Agreement may be terminated by the Town upon 30 days' written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. RFV_ STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Consultant an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town's then current fiscal year. The Town's obligations under this Agreement are current expenses subject to the "budget law" and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then -current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The''own shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Consultant informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Consultant hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town's termination of this Agreement pursuant to this section. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in PHOENIX 7701 A 41344170 assigned or delegated by Consultant without prior, written permission of the Town in the Town's sole and absolute discretion, signed by the Town Manager and no delegation of any duty of Consultant shall be made without prior, written permission of the Town signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.8 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town in the Town's sole and absolute discretion. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Consultant. 13.9 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town's acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.10 Attorneys' Fees. to the event either party brings any action for any relic#; declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.11 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.12 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees Taxes or Liens. The Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties, and for any liens filed against the Town and paid for by the Town. 13.13 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given PHOFNIX 77018-1 484417V 1 allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant's and its subcontractors' compliance with the Arizona employer sanctions laws referenced in subsection 13.16 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Consultant and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors' facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Consultant pursuant to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.16 E -verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41.4401, the Consultant and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E -verify requirements under ARIZ. REV. STAT. § 23-214(A). Consultant's or its subcontractor's failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.17 Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ. Rrv. STAT. § 35-393, of Israel. 13.18 Conflicting..Terms. In the event of any inconsistency, conflict; or ambiguity among the terms of this Agreement and the Scope of Work, the documents shall govern in the order listed herein. 13.19 Nan -Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.20 Public Records. Consultant acknowledges that the Town is a public entity, subject to Arizona's public records law (A.R.S. § 39-121 et seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request, subpoena, or other judicial process. 13.20.01 Trade Secrets Statement. If Consultant believes documents related to its work pursuant to the Agreement contain trade secrets or other proprietary data, Consultant must provide notice to the Town at the time the documents are provided to the Town, and include with the notification a statement that explains and supports Consultant's claim. Consultant also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. 13.20.01 Notice of Records Request. In the event the Town determines it 1� PHOENIX 77018-14844170 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. "Town" TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth Burke. Torun Clerk (A.CKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On 2018, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. (Affix notary seal here) Notary Public jSIGNATURES CONTINUE ON FOLLOWING PAGE] 13 PHOFNIX 77018-1 4844170 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CANVASS COMMUNITIES LLC D/B/A THE CANVASS GROUP [Scope of Services] See following pages. PHOENIX 77018-14844170 SCOPE OF WORK In -Depth Market Analysis: * Trade Area Determination (Town Limits, Radii. Drive Time; Custom) • Complete Demographic Assessment • Panorama Lifestyle Segmentation • Retail Leakage & Surplus Analysis • Aerial Highlighting Existing Retail • Identification of Tenant Prospects t,ocal Stakeholder Outreach * Conduct Outreach to Priority Property Owners to discuss findings and opportunities Targeted Tenant Outreach * Conduct Outreach to Priority Existing Tenants to ascertain insights about viability of existing location in Fountain Hills • Conduct Outreach to Potential Tenants about Corinth and provide feedback Targeted Developer Outreach • Conduct Outreach to Potential Developers Vetting Interest and Providing Feedback PHOENIX 77018-14844170 Meeting Date: 9/4/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner mmoore fh.az. ov (480) 816-5139 REQUEST TO COUNCIL (Agenda Lange-ig�) CONSIDERATION OF a CUT/ FILL WAIVER request to permit an area of 2,655 square feet to exceed the maximum 10' visible FILL allowance up to approximately 16 feet deep maximum visible fills for the development of the back patio area, and to permit an area of 690 square feet to exceed the maximum 10' visible CUT allowance up to approximately 14 feet deep maximum visible cut for the development of the front patio on a proposed new single-family residence at 16334 E Keota Drive. Case #CFW 2018-02. Applicant: Karen Otis and Jeff Webb Applicant Contact Information: Y00 Cocsric P� c tl + 2+? /, raA 90740 Owner: Same as applicant Owner Contact Information: Same as applicant Property Location: 16334 E Keota Drive Related Ordinance, Policy or Guiding Principle: Subdivision Ordinance, Article 5, Section 5.03 "Cut and Fill Standards" Staff Summary (background): The applicant is requesting a fill waiver to allow 2,655 square feet of the subject property to have up to 16 feet of fill (6 additional feet of fill than what is allowed by the Ordinance) in order to allow the construction of a back patio and pool for a new single-family residence at 16334 E Keota Drive. A request is also being made to allow 690 square feet of visible cut to be 14 -feet, which is 4 feet taller than the maximum allowed visible cut of 10 -feet. The Town of Fountain Hills Subdivision Ordinance, Article 5, Section 5.03.D.: "...the total combined height of any fill or the depth of any cut area as a result of subdivision improvement grading and/or any subsequent grading, including but not limited to grading approved as a part of building permit approval, shall not total more than ten feet, as measured from natural grade, unless otherwise provided in this Article. These limitations on cut and fill apply to all zoning districts." The greatest amount of fill proposed is 16 feet (6 feet above the maximum allowed). These areas are indicated with the stippled shading along the north side of the development area as depicted on the attached enlarged site plan (Sheet C2 of 2). The highest visible cut is 14 -feet and is located in the front of the residence. Staff has identified three objectives in reviewing cut and fill waiver requests. Those objectives are: 1. To reduce the visual impacts of the proposed development as viewed from the adjacent properties and rights of ways. The fill would be contained behind retaining walls. Attached is a rendering of the property looking towards the area for which the fill waiver request is being made. The slopes in this area of the property range from approximately 25-28% slope. Per Article 5, Section 5.06.D., retaining walls can be constructed to be a Page 1 of 3 O � ,e. Meeting Date: 9/4/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Marissa Moore, AICP, Senior Planner mmoore fh.az. ov (480) 816-5139 REQUEST TO COUNCIL (Agenda Lange-ig�) CONSIDERATION OF a CUT/ FILL WAIVER request to permit an area of 2,655 square feet to exceed the maximum 10' visible FILL allowance up to approximately 16 feet deep maximum visible fills for the development of the back patio area, and to permit an area of 690 square feet to exceed the maximum 10' visible CUT allowance up to approximately 14 feet deep maximum visible cut for the development of the front patio on a proposed new single-family residence at 16334 E Keota Drive. Case #CFW 2018-02. Applicant: Karen Otis and Jeff Webb Applicant Contact Information: Y00 Cocsric P� c tl + 2+? /, raA 90740 Owner: Same as applicant Owner Contact Information: Same as applicant Property Location: 16334 E Keota Drive Related Ordinance, Policy or Guiding Principle: Subdivision Ordinance, Article 5, Section 5.03 "Cut and Fill Standards" Staff Summary (background): The applicant is requesting a fill waiver to allow 2,655 square feet of the subject property to have up to 16 feet of fill (6 additional feet of fill than what is allowed by the Ordinance) in order to allow the construction of a back patio and pool for a new single-family residence at 16334 E Keota Drive. A request is also being made to allow 690 square feet of visible cut to be 14 -feet, which is 4 feet taller than the maximum allowed visible cut of 10 -feet. The Town of Fountain Hills Subdivision Ordinance, Article 5, Section 5.03.D.: "...the total combined height of any fill or the depth of any cut area as a result of subdivision improvement grading and/or any subsequent grading, including but not limited to grading approved as a part of building permit approval, shall not total more than ten feet, as measured from natural grade, unless otherwise provided in this Article. These limitations on cut and fill apply to all zoning districts." The greatest amount of fill proposed is 16 feet (6 feet above the maximum allowed). These areas are indicated with the stippled shading along the north side of the development area as depicted on the attached enlarged site plan (Sheet C2 of 2). The highest visible cut is 14 -feet and is located in the front of the residence. Staff has identified three objectives in reviewing cut and fill waiver requests. Those objectives are: 1. To reduce the visual impacts of the proposed development as viewed from the adjacent properties and rights of ways. The fill would be contained behind retaining walls. Attached is a rendering of the property looking towards the area for which the fill waiver request is being made. The slopes in this area of the property range from approximately 25-28% slope. Per Article 5, Section 5.06.D., retaining walls can be constructed to be a Page 1 of 3 CFW 2018-02 16334 E Keota Drive 4 September 2018 maximum of 10 feet in height, but must average 7 -feet in height. The proposed retaining walls are terraced down to minimize the wall height and visual mass, with the tallest section of wall being 7.5 feet. Because the property slopes down from the right-of-way, the areas where the fill is being requested is visible from both E Keota Drive as well as to properties to the north across Jacklin Wash. The cuts may be visible from E Keota Drive and from across Jacklin Wash, but they may be located in an area where the house obstructs most or all of it from being visible. Photos taken from E Keota Drive and private property across the wash are included in the attachments. 2. To review the measures applied by the designer to minimize the amount of cut and fill on the lot. In addition to the retaining walls being terraced to reduce the visual impact of these cuts and fill, in the project narrative the property owner states, "We have placed numerous steps within the home so that it "steps down with the grade" as much as possible." While there is quite a bit of cut (14 feet exposed) proposed along the south and east sides of the development area, the plans show the house being pushed into the hillside and thus minimizing the amount of fill. 3. To consider possible alternatives to the proposed plan that would conform to the ten -foot maximum cut or fill. The property could be developed with a smaller home (the proposed home is 3,977 square feet). However, there still may need to be some amount of cuts made or fill placed on this property due to its steep slopes. All other proposed development activities on this site appear to be in compliance with the Town's Subdivision and Zoning Ordinances. Risk Analysis (options or alternatives with implications): If this Cut/Fill Waiver request is denied, the property owner would have to redesign the building. If it is approved, the property owner can secure a building permit that includes fill that exceeds the maximum allowed by Ordinance per the conditions of this approval Fiscal Impact (initial and ongoing costs; budget status): None Budget Reference (page number): Nla Funding Source: NA If Multiple Funds utilized, list here: Nla Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): Nla Staff Recommendation(s). Staff recommends the Town Council APPROVE the Cut/Fill waiver request subject to the condition that the building permit and subsequent development activities are compliant with all other Zoning and Subdivision Ordinances and the project is constructed in substantial conformance with the site plans provided with this request. Dist Attachment(s): Application Applicant Narrative Location map Site plan (2 pages) Rendering of walls and structure PowerPoint presentation SUGGESTED MOTION (for council use): Motion to APPROVE a CUT 1 FILL WAIVER request to permit an area of 2,655 square feet to exceed the maximum 10' visible FILL allowance up to approximately 16 feet deep maximum visible fills for the development of the back patio area, and to permit an area of 690 square feet to exceed the maximum 10' visible CUT allowance up to approximately 14 feet deep maximum visible cut for the development of the front patio on a proposed new single-family residence at 16334 E Keota Drive. Case #CFW 2018-02. Page 2 of 3 Prepared by: YV,Marissa Moore, Sr. Planner 8114/2018 Director's Approval: ert Rodgers, Deve ment Services Director 8 2018 Approved: Grady E. Miller, Tovwr Ma ger • 8/21/2018 Cj CFW 2018-02 16334 E Keota Drive 4 September 2018 Page 3 of 3 DO Not write in this space -official use only t=iling Date, Accepted By � A as t"v Fee Accepted i Case Manager 'hot is A "" The Town of Fountain Hills °7-31-116AI l :52 RCvn PLANNING & ZONING DEPARTMENT — APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan & Amendments Concept Plan Condominium Plat Cut/FII Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary / Final Plat Replat (Lot joins, lot splits, lot line adjustments) Rezoning (Map) Special Use Permit & Amendments Site Plan Review (vehicles sales) Temporary Use Permit (Median Fee, If applicable) Variance Other PKWtGT 1y +1W TORE OF PROJECT: ►1GlAj )t)WV (. 6?JXV6 LEGAL DESCRIPTION: Plat PROPERTY ADDRESS: Au PARCEL SIZE (Acres) ASSESSOR PARCEL NUMBER j7(9 07 Q htj NUMBER OF UNITS PROPO ED TRACTS E)USTING ZONING - PROPOSED ZONING ►� _ A13113ficant Mrs. Day Phone ?I t t17� 7e 9 Mr. �511 Address; 1- G V # 20 ity: State: COL., Zip: 907+0 Email: ►r-eVl C* 5-A vn Owner 11 Mrs _TZ 10 F -R Block Lot TA Day Phone J.1 q 3769 !3-71q - v Address: �q-A W&D % -abu Vt City: State: Zip: If application is being M u. is be completed. SIGNATURE OF Man the owner of the property under consideration, the section below I HEREBY AUTHORIZE S ;qye Mon on h Subscribed and swam before me this Notary Public Please Prini DATE 1 ,4, f a TO FILE THIS APPLICATION. day of 120 My Commission Expires Ml1NI5 APPLICATION # a l " d �- a r c h i t e c tore hlarrative fnr Cut Fill ,for 16334 E. Keota Dr, The proposed project is for a new single family home with 3977 habitable sf and 743 sf garage. The lot is very steep, and we have taken many measures to try and comply with the cut/fill requirements. There are; however, some areas as noted on the civil drawings which exceed the 10` limitation, and we have taken measures to minimize them. These are the measures we have taken: -We have placed numerous steps within the home so that it "steps down with the grade" as much as possible. -We are proposing terraced planters that are each 6' in height so that there is not an exceedingly tall retaining wall. ®gas AEchiitecture o 909 Eiectric ave. Studio 207 ,� Seal Beach 4 CA a 90740 ® 714 846 0177 16334 E Keota Drive*ti, ►'--�'• +�r- 'ado Pl: .� .,i ♦•w :,. x •- !,'mac, �_[� � �• ViRF. 41 ILI �� p• 4 a t:y Ir h e 't[• ,. .'M{'�'% � � - t. .-r '�+s .-. tom.. 4^`�{ n � � � ` F'F ' r- S 8!62018 4:50:24 PM KEY NOTES (1) PROVIDE SCREEN WALL TO OBSCURE LUUIPMENT FROM � HANDRAIL w NOT USED PUBLIC NEW. MAX. 6' HE]GHT. SEE T.F.H. M. FENCE DETAIL 1Q WALL HEIGHT 3.5' MAX. ABOVE GRADE SEE PLAN OR LOCATION CCWC AND EIRE SPRINKLER CONTRACTOR C ® OR 3.5" MAX. CUT -FILL DATA O NOTT U USEDD WATERPROOF WALL 14" MIN. ABOVE FiMISH GRADE PER IBC ABOVE CURB IF GRADE IS BELOW CURB IN STREET B, S.R. Tn �- 1805, ADC SUBSURFACE PERFORATED DRAIN PIPE WRAPPED 11 SELF -STANDING POOL & SPA. SEPARATE PERMIT LEGEND CATEGORY AREA O TOP OF SOLID WALL 5' MIN., 6' MAX. ABOVE EXTERIOR FINISH � REQUIRED. REMOVE CURB AND REPLACE WITH FOUNTAIN HILLS � CUT > 10' 690 SF 1� RIP RAP DSD -18", 30" MIN. DEPTH IRREGULAR SHAPE CRADE TO MEET POOL ENCLOSURE ® STANDARD CURB INDEGFNOUS ROCK (NOT RIVER ROCK) TOP OF ROCK PAINTED STUCCO TO REQUIREMENTSFILL 13 2 -WAY CLEANOUT PER IPC 7 10' 2837 SF - 59 X 3644 SF LIVABLE = 2655 SF NET 4- ------------ 1670----TA-1 ------- ----�- - TOP OF GUARDRAIL 36' ABOVE DECK SEE ARCH, PLANS ET 98.0 BIW 88.0 "-- OPTIONAL 5' MAX w NOT USED MIN. T" WATER METER AND 1` SEANCE VERIFY WITH '� 2-#4 ®TOP "WEEP 5' DC OF 12' CA-N� SEE PLAN OR LOCATION CCWC AND EIRE SPRINKLER CONTRACTOR SEE ZC41OG REGULATIONS FOR MAXIMUM TOTAL HEIGHT_ ® 5' TO 5' MICH GATE, S,C.S.L 15 RIP RAP DSD=B", 18" MIN, DEPTH IRREGULAR SHAPE 2 #4 AT O7 WATERPROOF WALL 14" MIN. ABOVE FiMISH GRADE PER IBC INDEG]MOUS ROCK (NOT RIVER ROCK) TOP OF ROCK SHALL MATCH FINISH GRADE AND SHALL NOT IMPEDE Tn �- 1805, ADC SUBSURFACE PERFORATED DRAIN PIPE WRAPPED RUNOFF i T ET 34' 8' WITH FILTER SOCK, AND 3/4" CLEAN ROCK PLACED BELOW 6 30'X20' OPERATIONAL PLATFORM 5% MAX SLOPE ';ai�� VERTICAL STEPS LOWEST FLOOR, AND SLOPE TO DAYLIGHT, SEE BLDG PLANS FOR DETAILS. BACKFILL AT FULL WALL HEIGHT SHALL BE WELL 1� RIP RAP DSD -18", 30" MIN. DEPTH IRREGULAR SHAPE DESIGN NOTES: ® DRAINiNC EXCEPT TOP 12" SHALL BE POOR DRAINING SOIL 8°Xrs" INDEGFNOUS ROCK (NOT RIVER ROCK) TOP OF ROCK PAINTED STUCCO TO NON -EXPANSIVE SOIL DRAIN OPENING SHALL BE FLUSH WITH CURB EDGE AND RISE 12" MIN. 48^ 12' DESIGN ACTIVE PRESSURE 30 PCF p 2-#4 ® T0P x OF 12" CMU ABOVE TOP OF CURB IN 9' RUN. FIELD VERIFY UTILITY ® CMU W/I" ROCK 12"X12'CONT,,4 MASONRY - SOLID GROUT X GRAPHIC SCALE LOCATIONS BEFORE DIGGING. -- 6'-0° 12' 7'-6" 12" _ - ` z T N 2-3/8` FdCE TO REBAR 20 0 10 20 40 80 REINFORCING ER 40 ASTM A615 UND RFFPAR phi SOIL: SANDY GRAVEL WELL DRAW 0 I' DESIC IS NOT AORDCL TRANSV. F-- --� afgAR Y LONG. CWED LAY EXPANSIVE SOIL NOTE: STRAIGHT WALL UNGTHS REBAR REBAR CONT. ( IN FEET) ----------------- ---------------0E} -----------~- 1/2" EXPANSHM4 JOINTS AT 40' O.C. * 18" MIN_ eELO LOWEST iW MAX, Q ® Q ® ® T Q i inch = 20 ft. ---------- ------------------ --- - ---- IV O Ft T H ��� - _------------------H� -- 24" #4 0 24'OC #4 @ 48" C.0 N/A 3 -is BIDLO ANO CONSTRUCT PER ¢_0^ LOWEST CRITERIA AND 6• 2'-e' 12' 14' 8" ' ACTUAL ® CONTACT SOILS 4'-a" fi" 3'-2" 12" 22" 8' 32 #5 @ 24' O.C. #4 41 24' 0, N/A 4-45 ---- --- ---"---�_-� _ - ���`--- v TAW 73.5 T/W 73,5 --�---"--`�----_�-_� �� Yf F_ _---------TfREP93s----- 11RE1-733--------- ------- -�-- _ __ B(W 65.2 B/W 70.2 __-------'� ---- 1560;'-7fi.5---- --------------1 - - - ,----.------------^-�'' - -F/RE#BB:OS`3--- __--�'.�E'XP---------- -7/t4 Res ,�„-,��_-- _ _� B/W 74.5 1, _ T/1 --------- --Tif B'W --8.3 T/RET 76.5 "�I 4- ------------ 1670----TA-1 ------- ----�- - ----rte T1R�L8B__-$rnr,B 65� _B/W 84.0_------7-EXP _ XP- 168 ET 98.0 BIW 88.0 "-- 95.0 T/W 02.5 J` 7/RET 01.5 13/w00 1.5' EXP T/W 07.4 T/RET 07.0 IW 61.4 6/EXP - - ENLARGED SITE PLAN SEE DWG Cl FORE TIRE -Lot T/W 02.0 T/RET 02,0 B/W 96.2 5,8' EXP - �g S �O �-,_ IDENTIFY 4Ii'- - E1(P _CHAINLU FENCE - �- T/G9° �, o Pso- 9 T/REYB50 \ `� ar- ---------- �pT - __ � - 5--- -_ _FILE ; IG'� � ---p SEPN1t _� -` .`�- ��, ',, \, ^` •, j 6S, 0 660` - _ -_ ------ �- --- G,� ~ =T/R�E 00 0 " ... 0�6 j6,& T/RET 060 _ -aJWDp� - i71p- - Al \` x+ \\B/W 9S 6', ' 1 D4 , 1/*,G1.2 V T ET 96.5'0IR ET, 95.5 \ ` Q)' \ /W z -f" BA7 Y p ` ,A �S$l.3' ESO of Exp',., 6� [A C , \ O 1�T/W 1z`4t , T(REr ts4o C 6 -FA6ET 12.6,, ` , 0 DIA \ ',-Cl Q % Rj ?e,7.25' EXPO` T 7i3'\\ T/IP 2.,4i /R 2, TJRET z T I. D201261 OPTIONAL 5' MAX w MATCH R£SICENCE VZ REBAR 0 s QJARDRA CE '� 2-#4 ®TOP "WEEP 5' DC OF 12' CA-N� SEE PLAN OR LOCATION 4 = SEE ZC41OG REGULATIONS FOR MAXIMUM TOTAL HEIGHT_ 1 #4 AT TOP OF T/W NO SURCHARGE o SOLID GROUT a.w x v L�.F- 2 #4 AT DISTANCE -0 w TOP OF SOIL Tn �- T FINISH GRADE BIO AND CONSTRUCT PER LOWEST C�R-,�IERIA ANO i T ET 34' 8' STEP G Tti B" CMU ';ai�� VERTICAL STEPS FSOLID GROUT WATERPROOF MEMBRANE DESIGN NOTES: #4424" Horiz 2-3/8" COMPACTED F 20121 -BC. PAINTED STUCCO TO NON -EXPANSIVE SOIL x At➢W SOIL PRESSURE 1500 PSF o MATCH RESIDENCE 48^ 12' DESIGN ACTIVE PRESSURE 30 PCF p 2-#4 ® T0P x OF 12" CMU V2 REBAR w WINO ARDVE BACK FELL 22.5 PST = FOOTING CONCRETE Yc 3000 FSI 2" PVC WEEP 0 6' OC a FOOTING REBAR Fy 40WO PSI ® CMU W/I" ROCK 12"X12'CONT,,4 MASONRY - SOLID GROUT X #5 @ a• O.C. #6 @ 16" O.C. ASTM C90 [RADE NI 6'-0° 12' 7'-6" 12" Fm' = 1500 P51 ` z T N 2-3/8` FdCE TO REBAR a CROUT SDLID fc - 2000 PSI rn TYPE 'S MORTAR, RUNNING BONO REINFORCING ER 40 ASTM A615 UND RFFPAR phi SOIL: SANDY GRAVEL WELL DRAW 0 I' DESIC IS NOT AORDCL TRANSV. F-- --� afgAR Y LONG. CWED LAY EXPANSIVE SOIL NOTE: STRAIGHT WALL UNGTHS REBAR REBAR CONT. GREATER THAN 60' SMALL HAVE CUNT. B FON WIDTH E4 SPACING 1/2" EXPANSHM4 JOINTS AT 40' O.C. * 18" MIN_ eELO LOWEST iW MAX, Q ® Q ® ® T Q FfNISH GRACE 5 FROM TOE FEIN fpN REBAR CMU REBAR REBAR iRANN, LONG FOUNCATION, 11411 IT O1H 1'H T r @ epr T 8 TOP EBAR IS LOWER. CONTRACTOR SHALL 1-4' 8" 2'-4" 12° 1D" 8' 24" #4 0 24'OC #4 @ 48" C.0 N/A 3 -is BIDLO ANO CONSTRUCT PER ¢_0^ LOWEST CRITERIA AND 6• 2'-e' 12' 14' 8" 32' 0 24" O.0 #4 @ 46. 0 C N/A 3- 5 ACTUAL ® CONTACT SOILS 4'-a" fi" 3'-2" 12" 22" 8' 32 #5 @ 24' O.C. #4 41 24' 0, N/A 4-45 ENGINEER FOR OPTIONS 5'-4° 1 4-. 6' 3'-8' g^ 26' 8" 32 @ 16' O.C. #4 0 32' O.0 N/A 4- ** ALTERNATE BEND UIRECTON EVERY OTHER BAR 6" 4'-U° 3O° B" 12" 32" #5 @ 8" O.C. #6 @ 32" U.0 14CB'C.0 4-15 VALL VARY DEPENAING 6'-6" 8 4'-6" 12' 32" 12" 32" II5 @ 16° O.C. 4D IE, O.0 116"O.C. 5 - ON FIELD CONDITIONS & FREQUENCY OF FEIN STEPS 8'-0" 12 S-&' TY 40' 12" 32" #5 @ B' O.C. @ i6' O.0 #486'O.C- 6-#5 H SHOWN ON SITE 15 A GUIDE 8'-8" ONLY, USE ACTUAL FIELD 12' fi'-2" 12' 40' 16" 40" #5 @ 8• C C. @ R" O.C- #4418'0.[. 7-#5 MEASURED CONEETfON 9'-8' MAx_ RETAINING WALL W OPTIONAL FENCE A Na 5$TO C z _T7WJ. D201261 OPTIONAL 5' MAX w MATCH R£SICENCE VZ REBAR 0 s CUARCRAIL/FENCE SEE PLAN FOR '� 2-#4 ®TOP "WEEP 5' DC OF 12' CA-N� LOCATION it i SEE ZONING REGULATIONS FOR MAXIMUM TOTAL HEIGHT. 1 #4 AT TOP OF T/W DRIVE SURCHARGE SOLID GROUT a.w x v L�.F- 2 #4 AT w w TOP OF SOIL T/ n rFINISH GRADE �- z SOLID GROAT WATERPROOF MEMBRANE #4024" Horiz 2-3/e" COMPACTED PAINTED STUCCO TO NON -EXPANSIVE SOIL x D201261 ALLOW SOIL PRESSURE w MATCH R£SICENCE VZ REBAR 0 s DESIGN ACTIVE FRI. WINO ABOVE BACK Flu a 2-#4 ®TOP "WEEP 5' DC OF 12' CA-N� FOOTING CONCRETE rc FOOTING REBAR Fy it �7 CMUK 11 MASONRY: MASONRY: FOUNDATION, WHICHEVER SOLID GROUT a.w x v L�.F- ASIM c90 GRADE N-1 w a �u ACE Fm - 1500 PSI CRP SOLID (c - 20 26' 8" * z T AR v°"i TYPE'S' MORTAR, RUN REINFORCING OR 40 A! BIO AND CONSTRUCT PER LOWEST C�R-,�IERIA ANO 4,_O" 4• 4. 2' 12' 34' 8' 24" 4 & 16 0.0 #4 6 4a` O.C. ACTUAL l:J CONTACT SDILS -_ 7 *BAR a SOIL: PRESUMPTIVE w a O V TRANSV.> REBAR L Y LONG- SANDY atA4EL n OE51 IS NOT AL EXPANSIVE SOIL ➢ NOTE: STRAIGHT WALL LL iv CONT. B FEIN W1pTH REHAB CUNT. CC SPACING GREAT€R THAN 6C 1 E�ANSION ° # 18' MIN. GELD LOWEST W FINISH GRADE 5 FROM Q fl O 0 MAX. TOE PON EDN R.. REBAR REBAR FOUNDATION, WHICHEVER HEICHT DTII LENGTH DTH HDGH VERT 0 ROT RT @ TOP IS LOWER. CONTRACTOR SHALL Y-4" C S -B' 12" 26' 8" 24" 4 ® Is' O.0 04 0 48' O.0 BIO AND CONSTRUCT PER LOWEST C�R-,�IERIA ANO 4,_O" 4• 4. 2' 12' 34' 8' 24" 4 & 16 0.0 #4 6 4a` O.C. ACTUAL l:J CONTACT SDILS 4'-8" 4" 4'-8" 12' 40' 8" 327 #5 @ 16" O.G 15 @ 49. 0 C ENGINEER FOR OPTIONS 5'-$" 4' fi'-2' 12' 46" 8' 32' @ B' O.C. #5 @ 32' O.0 ** ALTERNATE BE DIAELRON EVERY OTHER BAR B-0' 6" 5' -IC" 12" 48^ 12' 32" #5 @ 16' CC #5 @ 16" O.C. WILL VARY DLPENBING 6'-8" 0' C-4" 12' SO" 1z° 40' #5 @ a• O.C. #6 @ 16" O.C. ON RELIT CONDITIONS & FREQUENCY OF FON STEPS 6'-0° 12' 7'-6" 12" 60" 12" 40" #5 @ B• O.C. @ 8. 4.C. EXP SHOWN ON SITE IS A GRADE ONLY, USE ACTUAL REM MEASURED CONDITION B,_C. MAX RETAINING WALL W/DRIVE SURCHARCE ka 60RIVE B C - J 95� z.50 ` HAND PLACED NATIVE ROCK 7.35' EXP'.7E53 `} y RIPRAP. MIN. 8" LENGTH, 4" MIN. HEIGHT ROCKS BATTER FINISH GRADE, i 0.8 MIN HORIZ TO 1 VERT COMPACTED 1 1 I o 14 �1 o ¢ 0.5 MIN ,/ I i II Ij t CYd j 1 t II 1 i � o s v RACK RETAINING WALL ELEVATION C 11? 22 W Ep 722.211 J N.T.S.rJ 14j �� CUT -FILL EXHIBIT PRELIMINARY NOT FOR CONSTRUCTION Call al k!asl you be blegin excave 1 11 wdt cayj 9 n DAVID R - be[are Wn. NONTGCLIERY. A,vona Blue 6bte.lnc. Oln HarRofpe Courcy. Isu21 zs3-Z1oo Al _TpllEs 00 WII. LLj Z Uj W r U a doh C LLJcl FV a < t 04c�Q o� 2W {/I O> �voYJl4 � 2 � 11 zCp Z 4 Z n O ❑W�¢c E 4 no O CID,o � r W Z O F LLI W o a Z N Q W QU c co �xl_ m LTJ O ¢ J � L_ In J alC) w Tto a z ill H Lr) LLJ rY 0 O w DRAWING mo C20 KEY NOTES O1 PROVIDE SCREEN WALL TD OBSCURE EQUIPMENT FROM ® HANDRAIL PUBLIC VIEW. MAX, B' HEIGHT. SEE T.F.H. STD. FENCE DETAIL 10 WALL HEIGHT 3.5' MAX. ABOVE GRADE OR 3.5' MAX. O C DWG D ABOVE CURB IF GRADE IS BELOW CURB 1N STREET B.S_B. NOT USED 11 SELF -STANDING POOL & SPA. SEPARATE PERMIT REQUIRED. O3 TOP OF SOLID WALL 5' MIN., 6' MAX. ABOVE EXTERIOR Q REMOVE CURB AND REPLACE WITH FOUNTAIN HILLS FINISH GRADE TO MEET POOL ENCLOSURE STANDARD CURB REQUIREMENTS ® TOP OF GUARDRAIL 36" ABOVE DECK SEE ARCH. PLANS 1 2 -WAY CLEANOUT PER IPC O NOT USED 14 MIN. 1' WATER METER AND 1" SERVICE VERIFY WITH CCWC AND FIRE SPRINKLER CONTRACTOR © 5' TO 6' HIGH CATE, S.C,S.L 15 RIP RAP USO=B", 18" MIN. DEPTH IRREGULAR SHAPE O WATERPROOF WALL 14" MIN, ABOVE FINISH GRADE PER IBC INDEGENOUS ROCK (NOT RIVER ROCK) TOP OF ROCK SHALL MATCH FINISH GRADE AND SHALL NOT IMPEDE 1805. App SUBSURFACE PERFORATED DRAIN PIPE WRAPPED RUNOFF WITH FILTER SOCK, ANO 3/4" CLEAN ROCK PLACED BELOW16 30'X20' OPERATIONAL PLATFORM 5% MAX SLOPE LOWEST FLOOR, AND SLOPE TO DAYLIGHT, SEE BLDG PLANS FOR DETAILS, BACKFILL AT FULL WALL HEIGHT SHALL BE WELL i0 RIP RAP DsG=18", 30" MIN. DEPTH IRREGULAR SHAPE DRAINING EXCEPT TOP 12" SHALL BE POOR DRAINING SOIL INDEGENOUS ROCK (NOT RIVER ROCK) TOP OF ROCK ® 8'X16" DRAIN OPENING SHALT BE FLUSH WITH CURB EDGE AND RISE 12' MIN. ABOVE TDP OF CURB IN 9" RUN. FIELD VERIFY UTILITY GRAPHIC SCALE LOCATIONS BEFORE DIGGING. -- 20 D 10 20 40 $O "----------- ---- --4 - © ----_------------ ( IN FEET) _ _ -------------- -_------------ 'Ao 1 inch - 20 ft. _ -- - - j - -------------- P4 00 Ft 7r Hm --- --------- NORTH- ---------------- - --------------- <r GARAGE 91.0 1690 1700 _ WATER FEATURE 1680 - _ 1690 1670 COMPACTEB fTLL f660 LEVEL BENCHES PRIOR TO BACKFILL COMPACTEB FILL 1660= NATURAL GRADE NATURAL GRADE 1670 LEVEL BENCHES PRIOR TO BACKFILL SECTION 4 SECTION5 SCALE 1'-20' SCALE: 1'-20 C ---------------- ------------- ----__-_ ----- - _ - - ---- T/W i3.5 T/W 73.5 �- ~ ---------gAET -------------- J -- T/RET `-T/W Das D/W sa.2 B/W 702 B'w 7d.�"- --------- - - -- 7&5 -----i 66�-- - - �4;'Tf2.5 �-T/RET-96--5`3 -DTH"--- '---3-3 EXP --------- /YI- B.3' ENP -� `- 6' EXP, B/V! 74.5 T/RET 76- TJIg84,B-__1 T/W' 62.9-}}S G _ ______----_____-__-� ----- - _ ---�-- -- -- ----------- I d 62-_5 g/!V-.73 ---- -ERP-------- n- ------ - -- B'W 74 ___ -,_ - 0 -- _ ----- ------- `------------------Bj4V7W6 - - - --- -Tom? 84 DIS CI B/W 7t5 - 6.. -ID WIT f7(P-""� -_ _ £ _ _ �s s EXP_ >1VYazo ;' GAIN L7FIK� --- -- -- ---------167fl---- 86.o r71�9i.o- - ---- - - TIRET 92.0-•-- 7JRE1'950 �T/RETpfd% -_ - _-.- _4 -- ___ - - - _ ._--- -__- ---` -"---` '_-_`------T%W-90.0 _EXP ----------- `�. ------ JIM- 865------T/RET-1-16-B/'W-79.5------�jW-84T5---- _ _ $fif"07a-' 4S' GggS I.5 s. _ /N_B4.G__ ^` .- : � e. --T�RET sob.` '-,• '-� xp _ -----_ _ -yB'1' .iaz' o A :vr,�_. -� _ .. _ - B(" 76 �6 - T/RET 960 T/REI_9�fi-_.Y _ •-T 93.0 •`• i1�F' , , .S -0' •'- .� '��� Ei(P '-"--z gyp-_--_______ - - 9 •�! 90,5\' -_-_ - - 4'30$ _ _ _ er___- _____ s __`` `,•` T` _ /RET TI4V 8b.0, H 8tl.0 TEX 80.0V /✓ B/W 96.0 [796. c' j, ------ - - --- -- -- - --- _ ---- 9A - - staag T/W TAT -j Exp FILL > 10'= F I-V X/14 02.5 Y T/RET 01.5 B/W 00 1.5' EXP T/W 07.0 / T/RET 07C B/w 01.0 % 6 EXP 7%w 02,0 T/RET 02.0 B/W 96.2 5 8' EXP - ) X66 ys.16�2 -- 1 -- BjW-96.4 -17 '✓ G ' '` '. 6' --- -- LEGEND CATEGORY \ N J -----ILW X7 1 Ofi_0-- --/ .D ____ _ - - j am' •� ` T1W, 96.5+'s, 61 ,\ ,SUS E)''a/'W __- D`5 VERTICAL STEPS ATERPROOF MEMBRANE DESIGNNOTEB' \` T/W'•�6.01\` 5F •� u '- __ _~ 04 T 09,2 T/REX 96.5' �T/RE T, 97 5 ,3. ` 6 ' 5' -ID' 12' PCF 'MND �\ 0.1 ETF, �Lp loll 6'-E' 8' \ C \5 \ J 90 6`-D' 12' 7'-R1 12' 60" T,(RET 04.0 6 Y 11.0' EXP p� EW SH OYM DN SITE IS A GUIDE i 5 R 1 `96' ONLY, BSE ACTUAL REID MEASERED CONDNON 6•_0" "n ETR•. T/W'2.75 T/w 2.50, i L, sl ENLARGED SITE PLAN SEE p G CI FOR ENURE LOT CUT -FILL DATA U LEGEND CATEGORY AREA CUT > 10' 690 sr FILL > 10' 2037 SF - 5% X 3544 SF LIVABLE = 2655 SF NET OPTIONAL 5' MAX GUARDRAIL NCE SEE PLAN CR LaCAnoH 1 #4 AT TOP DF r/w- 2 #4 AT TOP OF SOIL r T/RET s" cMU z SOLID GROUT - #4024' Horiz� PAINTED STUCCO TO w MATCH RESIDENCE . p 2- OF #412 O CMTOPU" - ® CMU SCUD GROUT - w E u TRANSV.JVR REEAR R FAN No. ' 18• MIN. BELOW' LOWEST O � O O FINISH CRAOE 5 FROM HEIGHT o Epr MROAVION, 4MICaEVER 5 LOWER. CONTRACTOR SHALT 3'-4" 8" 2'-e 12' BIC ANO CONSTRUCT PER 4'_p• 6' 2'-8' 12' LOWEST CRITERIA AND ACTUAL Q CONTACT SOILS '1'-8' 6" S-2' 12' ENGINEER FOR OPRONS 5'-4' 6' *" ALTERNATE eENo DIREGnaN 6'-0" 6' 4'-D' 1z" EVERY mHLx BAR ® WILL VARY DEPENDING 6'-8" 5. 47-6" 12' ON FfLU CONDmCNS FREDLENCY OF FDN STEPS 8-D" 12n 5'-8' 12' H SHOWN ON SITE IS A GUIDE B'-8" 12" 6'-2° 12' ONLY, USE ACTUAL HELD ME45UPED CONDITION E' -E' MAX. RETAINING WALL eta OPTIONAL 5' MAX GUARDRAILR E SEE PLAN LOCATION 1 #4 AT TOP OF T/w- 2 AT TOP OF SOIL TZRET S" GNU z SCUD GROUT - #4024" Horiz PAINTED STUCCO TO MATCH RESIDENCE - 2 -#4 0 TOP a OF 12" CMU- ® CMU SOLID GROUT - w ASTM C90 GRADE N -I v ga Fm = 1500 PSI 1" FACE GROUTSpLUI9 fc = 2000FI PSI G BOND REBAR NF RCI4GRGRR40 ASTM A06 END !� R�HAR 501L: 5ANOY GRAVEI, WELL U WN DESIGNS NOT ALLCALD AT EXPANSIVE SOIL OR CLAY Y ,CNG. Not; STRAIGHT WALL LENGTHS FENCE Esm SUE ZONING REGULATIONS FOR MAXIMUM TaTAL HEIGHT, DRIVE SURCHARGE ry o n ,FINISH GRADE 2-3/8" COMPACTED NON -EXPANSIVE SOIL D REBAR -2' PVC WEEP 0 6' OC W/1" RCCK 12"X12"CCF 3 111 2-3/8" FACE �- TO Q REBAR �� V1 �RF�BA1z KGCAre REBAR CONT ry i,y CDNT. B FDS WIDTH EO SPACING 18' MIN. BELE La ST i< KNISH aTAOE 6 r SEE SUNNI REGULATIONS FDR MAXIMUM TOTAL HEIGHT. NO SURGHARGE ) REBAR U DISTANCE HIGH DTH oEa H GRADE 0TH 1 3'-4' 4" 3'-8° 12° c TH BN AND CONSTRUCT PER LOWEST CRITERIA AND ACTUAL OH CONTACT SOILS ENGNVEER FOR OPTIONS ** ALTERNATE BEND DIRECTION EVERY OTHER BAR VERTICAL STEPS ATERPROOF MEMBRANE DESIGNNOTEB' r2 -3/8-COMPACTED 2012 LEC -EXPANSIVE SOIL s ALLOW Sal PRESSURE 1500 PSF30 6 ' 5' -ID' 12' PCF 'MND EBAR = PVC WEEP ®6 OC x ... ,." ABOVE BACK ALi 22.5 ASF 30110 Ps FOOTING REI3AA FY 40000 PSI u TRANSV.JVR REEAR R FAN No. ' 18• MIN. BELOW' LOWEST O � O O FINISH CRAOE 5 FROM HEIGHT o Epr MROAVION, 4MICaEVER 5 LOWER. CONTRACTOR SHALT 3'-4" 8" 2'-e 12' BIC ANO CONSTRUCT PER 4'_p• 6' 2'-8' 12' LOWEST CRITERIA AND ACTUAL Q CONTACT SOILS '1'-8' 6" S-2' 12' ENGINEER FOR OPRONS 5'-4' 6' *" ALTERNATE eENo DIREGnaN 6'-0" 6' 4'-D' 1z" EVERY mHLx BAR ® WILL VARY DEPENDING 6'-8" 5. 47-6" 12' ON FfLU CONDmCNS FREDLENCY OF FDN STEPS 8-D" 12n 5'-8' 12' H SHOWN ON SITE IS A GUIDE B'-8" 12" 6'-2° 12' ONLY, USE ACTUAL HELD ME45UPED CONDITION E' -E' MAX. RETAINING WALL eta OPTIONAL 5' MAX GUARDRAILR E SEE PLAN LOCATION 1 #4 AT TOP OF T/w- 2 AT TOP OF SOIL TZRET S" GNU z SCUD GROUT - #4024" Horiz PAINTED STUCCO TO MATCH RESIDENCE - 2 -#4 0 TOP a OF 12" CMU- ® CMU SOLID GROUT - w ASTM C90 GRADE N -I v ga Fm = 1500 PSI 1" FACE GROUTSpLUI9 fc = 2000FI PSI G BOND REBAR NF RCI4GRGRR40 ASTM A06 END !� R�HAR 501L: 5ANOY GRAVEI, WELL U WN DESIGNS NOT ALLCALD AT EXPANSIVE SOIL OR CLAY Y ,CNG. Not; STRAIGHT WALL LENGTHS FENCE Esm SUE ZONING REGULATIONS FOR MAXIMUM TaTAL HEIGHT, DRIVE SURCHARGE ry o n ,FINISH GRADE 2-3/8" COMPACTED NON -EXPANSIVE SOIL D REBAR -2' PVC WEEP 0 6' OC W/1" RCCK 12"X12"CCF 3 111 2-3/8" FACE �- TO Q REBAR �� V1 �RF�BA1z KGCAre REBAR CONT ry i,y CDNT. B FDS WIDTH EO SPACING 18' MIN. BELE La ST i< KNISH aTAOE 6 0 MAX. ® O O TOE FON FRN ) REBAR U FRU FOUNDATION, WHICHEVER 15 LOWER. CONTRACTOR SHALL HIGH DTH oEa LE 0TH 1 3'-4' 4" 3'-8° 12° ,� BN AND CONSTRUCT PER LOWEST CRITERIA AND ACTUAL OH CONTACT SOILS ENGNVEER FOR OPTIONS ** ALTERNATE BEND DIRECTION EVERY OTHER BAR 4'-0' 4° 4'-2' 12' 34' 8" 4'-8" 4' 4'-8" 12' 40" 8° g_4• 6'-0` 6 ' 5' -ID' 12' 48" 12" ff1i WILL VARY DEPENDING CN HELD CONDITIONS EREOUENCY OF Eau STEPS 6'-E' 8' T 1 PRELIMINARY -- DICT FOR CONSTRUCTION 6`-D' 12' 7'-R1 12' 60" 12" EW SH OYM DN SITE IS A GUIDE ONLY, BSE ACTUAL REID MEASERED CONDNON 6•_0" "n MAX. RETAINING WALL W/DRIVE BURCH, sl LE MASONRY: As1A1 DSO GRADE N-1 Fm = 1500 PSI ORouT SOLD rd - 2C TYPE'S' 0RPAR, RUN REINFORCING GR 40 A SOIL- PRESUMPTNE SANDY/GRAVEL DESIGN IS NOT EXPANSIVE SCI NOTE; STRAIGHT WALL 0 16, O.C. CIL bat Tey Iwo lull woHxlna tlay, ➢AND R- - bBFOre Yoe begin er:[avation, MONTGOMERY � e gnea A ore Ue 5wk m Dim 8.1-1 a, 14HINS7AKE-fi(7g2-5346) ,H � In MaHmFe Couniy (602)263.1100 PI R£5 91"� o w N m W=m o F �u QL°ri � W zaa o to-�- LY aLUU < = xl ZzLL W w ~ m LU 'o o 0LID L� �z� L L O W O LUZ LU Q ❑ U O oW m LLI Co O Q � 0- J r- o Fa- n o Lo w o 0 U3 ? Q Z L4 Lo CD � Q a D' t DRAWING NO: C20f T/REr2 75 ,` rjREr 2_511 I1 : Dir 95� _ 7.�' EXP', rig E 3 0 7 HAND PLACED NATIVE ROCK RIPRAP, MIN. 8" LENGTH, 4 ,\ ` s o A\i 4" MIN. HEIGHT ROCKS ' j o BATTER FINISH GRADE, 0.5 MIN HORIZ TO 1 VERT COMPACTED - I o 0.5 MIN ,� II o 11?22 ROCK RETAINING WALL ELEVATION C ; j N.T.S, CUT -FILL EXH3T T 1 PRELIMINARY -- DICT FOR CONSTRUCTION LE MASONRY: As1A1 DSO GRADE N-1 Fm = 1500 PSI ORouT SOLD rd - 2C TYPE'S' 0RPAR, RUN REINFORCING GR 40 A SOIL- PRESUMPTNE SANDY/GRAVEL DESIGN IS NOT EXPANSIVE SCI NOTE; STRAIGHT WALL 0 16, O.C. CIL bat Tey Iwo lull woHxlna tlay, ➢AND R- - bBFOre Yoe begin er:[avation, MONTGOMERY � e gnea A ore Ue 5wk m Dim 8.1-1 a, 14HINS7AKE-fi(7g2-5346) ,H � In MaHmFe Couniy (602)263.1100 PI R£5 91"� o w N m W=m o F �u QL°ri � W zaa o to-�- LY aLUU < = xl ZzLL W w ~ m LU 'o o 0LID L� �z� L L O W O LUZ LU Q ❑ U O oW m LLI Co O Q � 0- J r- o Fa- n o Lo w o 0 U3 ? Q Z L4 Lo CD � Q a D' t DRAWING NO: C20f Photo showing approximate location of development area looking East on East Keota Drive -t =" -tea- _ -.+ � - -� s��7tiA 4 -.. x._. p ' f` • z'. ' �4 �,� . � -- - ���' i �W Lir _•��".�' i, ,,�y�._ Y _ ) t �Ti r .; 11Y5i.'._-'i d Mog � ' • ,�.{, � � � � - � -' � i •'�, t - ! ��,rw it � r e���, � �Ii 4?�� �b+�•r� _ �L v. 'f` r' i x1� .�� �- .'. "• ,fes. .'.r F,'� tip 4v YF • Ss .lT' �`M1_ 1��1�_f'1f4 � 1P �.��"-f_ •t{ti�1. ` 5 y j�' � I( \, _tea - Photo showing approximate location of development area looking South from East Jacklin Drive Mw _ := „a x Ar Google Earth Image showing approximate location of development area looking Southeast from East Jacklin Drive oogg ooking�out m East Meeting Date: 9/4/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Community Services Staff Contact Information: Rachael Goodwin, Community Services Director, 480-816-5135 REQUEST TO COUNCIL_ (Agenda Language): CONSIDERATION OF approving a grant application request to apply for the Game Time playground matching funds grant (up to $50,000). Applicant: Applicant Contact Information: Owner: Owner Contact Information: Property Location: Related Ordinance, Policy or Guiding Principle: Town of Fountain Hills Grant Policy Staff Summary (background): Game Time playgrounds is offering a matching grant opportunity, up to $50,000, for playground equipment purchased between November 1 and December 31, 2018. The grant requires a brief application and a listing of requested item(s) from the manufacturer. Staff looks to apply for this grant in an effort to increase funding options for the redevelopment of Four Peaks Park. The matching funds for this grant, if received, would be sourced from the Facility Replacement Fund. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs; budget status): up to 50,000. Matching funds Budget Reference (page number): Funding Source: Facilities Replacement Fund If Multiple Funds utilized, list here: Budgeted; if No, attach Budget Adjustment Form: NA Recommendations) by Board(s) or Commission(s): Staff Recommendation(s): Staff recommends pursuing this grant opportunity. List Attachment(s): Grant application with terms and conditions. SUGGESTED MOTION (for council use): Move to approve a grant application request to apply for the Game Time playground matching funds grant (up to $50,000) Page 1 of 2 Prepared by: Rachael Goodwin, Community e es Director 8/23/2018 Dire toy's Approval: NAv f Approved: Grady E. Miller, T n Man er 8/23/2 0 1 8 Page 2 of 2 SaMeTime A UP TO 100% MATCHING FUNDS Visit ganietirne.corn/grant2018 to submit your application and for camp#ete details. Apply now for up to 100% matching funds on a new playground from GameTime. Limited time offer - JIB\'[CI'l011l►ilIB 1 �t :CIE ..F ir1_ �i'1,�Ij �.� ���r` �� ji"I r,.lil -r1 [c1 grant agametime.com �n' fc;' �-`�'r 70'iC' .i _ �.� �r i'�C �!;C�rl f,") Instructions Please complete the appropriate sections of the application form. Once completed, validate Read carefully the information by means of the project administrator's signature. Immediately return the completed and signed application form to your GameTime representative Project Info Project Name: ... ._ Type= List contact info Address: and address of your project City: _ - State_ -- Z Contact Person_ Title: Phone: Fax: E-mail: Background Please provide a description of your organization, its goals, and why it should be considered for a grant Site Info Number of players: Age range: Total play area size: Is the site level?: List specific info Special site conditions: (utilities, retaining walls, soil conditions, excessive slope concrete slab etc.) about the area in which the play equipment will be located Budget Info List your actual contribution to the play equipment purchase only. Equipment Choices Consult your GameTime catalog for complete product information and model numbers Rules & Limitations Read carefully Authorization Signature Project administrator's signature r amount you want GameTime to match. Equipment Selection: 2018 Catalog model #: Grant Rules and Limitations: Fined a unit with these play events: Game 1 me granrs can on,y be app ed ro add _ onai Game Lime purchases and only in con unction with the orlg'nal purchase, GameTime standard pocies and warranties as 'sCed in the 2018 Game I ime Playground Des,gn Guide apply Freight and app'Icable sales tax are extra and not Incuded To qua fy for a 100% matching grant, st price of the qualifying piavground system must exceed $90,000 and payment in full must accompany your order f or play systems that regoire credit terrrrs or for systems with a I.st r nl of ess than $90,000, Gamer me playground grants are available with match ng funds ranging between 45-80%. Matching fends are subject to rounning reales and may vary based on gual Fed purchase. No other offer, discount, or special programs can tDe used With this grant program. This soccial matching fund offer applies to PowerScape �nmPTjme . Xscape' and IOC, X' systems only All app canons musk be Val dated by the project administrator GameTime reserves the r'gh: to dec ne any app' cation for a Game Time grant Orders accepted by Game [me must ship by December 31, 2018 This offer expires October $1, 201& Authorized Sianature: Name (please print): Title: f `p Meeting Date: 9/4/2018 Agenda Type: Regular TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Type: Regular Session Submitting Department: Development Services Staff Contact Information: Robert Rodgers, Development Services Director, rrodgers@fh.az.gov REQUEST TO COUNCIL (Agenda Language): DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding a review of the Sign Ordinance and the impacts of non -traffic related temporary signage being attached to street signs and poles. Applicant: Development Services Department Applicant Contact Information: 16705 E. Avenue of the Fountains Owner: NA Owner Contact Information: NA Property Location: Town -Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 6, Sections 6.04 and 6.07 Fountain Hills Town Code Chapter Sections 10-2-8, 11-1-3 and 11-1-11 Arizona Revised Statutes 28-648 and 28-649 US Supreme Court #2218 — Reed vs Gilbert Staff Summary (background): Any temporary signage that is attached to a regulatory street sign is in violation of both Town and State laws and will be removed due to safety and liability reasons. In some cases, if damage occurs to a street sign, enforcement actions may be necessary. There really can't be any exceptions. DISCUSSION: The object of this discussion is to attempt to identify some reasonable, alternative options in the placement of these temporary signs, not the prohibition of the signs. Contrary to what you might read on social media, staff recognizes that there are times when some temporary signage may be reasonably put out. No one is saying that temporary signs asking for help in finding a lost pet can't be put out. Staff is just saying that the signs can't be attached to street signs or poles. The Town's sign regulations cannot be written to allow certain temporary signs to be placed based on their content. Any regulations or policies adopted by the Town have to be content neutral and may not authorize one type of temporary sign such as a lost pet sign and exclude another type of sign such as a nuisance sign (commonly referred to as a "bandit" sign). Temporary signs such as lost animal signs, garage sale signs, etc. on private property are generally acceptable, short- term activities that really need only be subject to hazard related issues (sightlines, etc). Permitting signs within a road right-of-way is a bit more challenging. Permission to erect such signs may not be based on the content of the sign. Any policy adopted by the Town Council to allow temporary signs within a right-of-way should require prior permission and the Town's review can by law, only take into account the proposed location(s), the times or dates the signs will be out, and the manner in which they will be displayed. Page 1 of2 Temporary Signs TC 9/4/2018 The process of getting permission can be as simple as a phone call or an email, could possibly be restricted to local residents only, and could be made subject to safety related issues as always. Other options for locally -owned temporary signage placement might be to use the public kiosks at the parks or in storefront windows. In fact, the Development Services Department has a number of old public notice signs as well as a pile of confiscated bandit signs that could be made available to residents to use as backing for their signs if they wish to place them in nearby neighborhood yards or in other private property locations. Risk Analysis (options or alternatives with implications): Allowing unauthorized temporary signage to be attached to traffic signs within a public right-of-way would create potential safety issues and liabilities and be in violation of State law as well as Federal Case Law. Allowing such signage to be placed in alternative locations may alleviate those issues but could also create other issues of an unsightly or littering nature. Allowing the signage with prior permission could help keep this problem to a minimum. Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Funding Source: NA If Multiple Funds utilized, list here: NA Budgeted; if No, attach Budget Adjustment Form: NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Staff recommends strictly enforcing the prohibitions on temporary signage of any type being attached to street signs and poles or being in the public right-of-way, and allowing temporary signage to be placed, with prior permission, in alternative locations as discussed. List Attachment(s): 817118 Senior Code Officer memo (6 pgs) Miscellaneous photos (6 pgs) Summary of Codes and Recommendations (2 pgs) SUGGESTED MOTION (for Council use): NA Prepared by: Approved: Reer—tRo�gers, Development Services Director 8/22/2018 Director's Approval: Robe t R evelopment Services Director 8/22/2018 Lk Grady E. Miller, T n onager 8/28/2017 Page 2 of 2 U TOWN OF FouNT�AN FALLS 16705 E Avenue of the Fountains, Fountain Hilts, AZ 85268 d80.$i6.5144 Eax 480 837.3145 Wednesday, August 22, 21318 DATE: 08/22/2018 TO: Bob Rodgers FROM: Roy Jaffe 4 . SUBJECT: Lost and Found Pet Signs The following background information and recommendations are being provided per the request of the Town Manager due to public interest in assisting residents with locating lost and found pets. A number of unofficial pet rescue groups and Pal's Inn Pet Resort (a local business) have been involved in the efforts to reunite lost dogs and cats with their respective owners. Part of the efforts have involved the posting of flyers in various locations in Fountain Hills. Some of the individuals involved with the rescue groups have posted bright colored flyers on street signs and light poles around town, which is a violation of a number of Town regulations, not to mention a potential traffic safety hazard and can be damaging to Town property. Background: The Code Enforcement Division had a prior case, opened in June of 2017 regarding the above violations as a result of concerns brought up by Town Street Division staff. That case was reopened again two months later to address similar violations. At the time, Code Enforcement staff had communicated with various individuals associated with the animal rescue groups as well as management and associates working at the Pal's Inn Pet Resort regarding the violations. On July 23r1 of this year, Code Enforcement staff observed a significant number of flyers for a found dog posted on street signs in the neighborhood immediately South of the Town complex. The flyers specified the dog was safe at Pal's Inn and provided their phone number. Due to the safety hazards associated with the flyers on the street signs as well as the prior case history, Code Enforcement Division staff again communicated with individuals associated with the animal rescue groups as well as management and associates working at the Pal's Inn Pet Resort regarding the violations. Due to the repeated violations, individuals associated with the animal rescue efforts were advised that continued violations could result in citations being issued. All such parties were advised to find legal alternatives to post information about lost and found pets in Fountain Hills. 1 Violations: Posting of flyers on street signs is a violation of the following Fountain Hills Zoning Ordinances: Section 6.04 Violations Any of the following shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalties provided by the Town of Fountain Hills Zoning Ordinance, and by state law, as applicable: A. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone within which the sign is located. Section 6.07 General Regulations A. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this ordinance and the provisions of the Town Code, B. No sign, other than an official traffic sign or similar sign, shall be erected within the lines of any street or public right-of-way unless (1) specifically authorized herein; (2) authorized by other Town ordinances or regulations; or (3) permitted by special Town authorization. C. No sign, including a temporary sign or sign structure, shall be erected or placed: (1) in a manner that would obscure vehicular visibility; or (Z) at any location where by its position, the shape or color of the sign may interfere with or obstruct the view of, or be confused with, any authorized traffic sign, signal or device. F. Unless otherwise specifically permitted pursuant to this Chapter, each sign must be located on the lot for which it advertises, informs or otherwise attracts attention. I. Signs not specifically authorized herein are prohibited, including, but not limited to the following: 8. Any non-public signs in public right -of --way or on public property, except as otherwise specifically permitted. 9. All off -premise signs, except as otherwise allowed. 11. Any sign imitating an official traffic control sign and any sign or device obscuring such traffic control signs or devices. Violation of the above ordinances may result in the following penalties and enforcement actions: 2 Section 6.05 Penalty The violations set forth in Section 6.04 above are declared to be civil in nature. The responsible parties for enforcement purposes are (i) the owner or operator of the business or residence identified on the sign and (ii) the owner or occupant of the business or residence to which the sign is directing pedestrian or vehicular traffic. Enforcement of violations of this chapter shall be made through the use of the civil citation process set forth in Subsection 1-8-3 of the Town Code. Fines may be assessed according to the following schedule: A. First offense, fine not to exceed $25.00 and confiscation of sign(s). B. Second offense within twelve (12) calendar months of first offense, fine not to exceed $50.00 and confiscation of sign(s). C. All subsequent violations within twelve (12) calendar months of the first offense, fine not to exceed $100.00 and confiscation of sign(s). Section 6.06 Enforcement and Remedies Any violation or attempted violation of this ordinance or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this chapter shall be considered a violation of the Zoning Ordinance. The remedies of the Town shall include, but are not limited to the following: A. Issuing a stop -work order for any and all work on any signs on the same lot; B. Confiscation of sign(s); C. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; D. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance; E. Seeking in court the imposition of any penalties that can be unposed by such court under the Zoning Ordinance; and F. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance, All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein far a certain violation or a part thereof, such remedy shall remain available far other violations or other parts of the same violation. 3 In addition to the above listed Zoning Ordinances, posting of flyers on street signs and light poles is a violation of the following Fountain Hills Town Codes: Section 10-2-8 Deposit of Commercial Handbills on Public Property No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street or other public place within the town, nor shall any person hand out or distribute or sell any commercial handbill in any public place, but nothing in this section shall be deemed to prohibit any person from handing out or distributing on any sidewalk, street or other place within the town, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it. Section 11-1-3 Defacing Public and Private Property B. It is unlawful for any person to deface any public property, including but not limited to writing or drawing thereon, or painting or pasting thereon, or attaching thereto any handbill or advertisement or other drawing or to scratch, mar, disfigure or defile such property or the floors or walls thereof. A complaint may be filed against any person in violation of this section by any citizen of the town or any police officer or other public official of`the town who witnesses the incident. Section 11-1-I1Signs and Banners It is unlawful for any person to place any banner or sign upon any streetlight pole, traffic signal pole or utility pole within the town without first obtaining an encroachment permit from the town manager and owner of the pole. Section 16-1-1 Definitions B. "Encroach" or "encroachment" means going over, upon or under or using any right-of- way or water course in such manner as to prevent, obstruct or interfere with its normal use, including but not limited to the performance of any of the following acts: 2. Erect or maintain any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, pipe, conduit, wire or other structure on, over or under the surface of any right-of-way or water course. 4 Section 16-I-3 Permit Required A. It is unlawful to encroach upon any right -of --way or water course as defined in Section 16-1-1 without first obtaining authorization pursuant to this Article. Any contractor, agency, utility, or any other person performing work within the right-of-way shall obtain an Encroachment Permit from the Town's Development Services Department prior to entering the right-of-way. An Encroachment Permit will not be issued prior to approval by the Town's Development Services Department of the required Traffic Control Plan set _forth in subsection 16-1-7 below. The Traffic Control Plan shall be on-site and attached to the permit whenever activities are taking place in the right-of-way, and shall be produced upon request by Town staff or law enforcement. Violation of the above Town Codes is considered to be a criminal misdemeanor and can result in significant penalties, including fines and even jail time. In addition to the above listed Zoning Ordinances and Town Codes, posting of flyers on street signs and light poles may be considered a violation of the following Arizona Revised Statutes: 28-648. Display of unauthorized signs, si nals or markings A, A person shall not place, maintain or display on or in view of a highway an unauthorized sign, signal, marking or device that either: 1. Purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal. 2. Attempts to direct the movement of traffic. 3. Hides from view or interferes with the effectiveness of an official traffic control device or a railroad sign or signal. B. A person shall not place or maintain and a public authority shall not permit on a highway a traffic sign or signal bearing any commercial advertising. C. This section does not prohibit the erection on private property adjacent to highways of a sign giving useful directional information if the sign cannot be mistaken far an official sign. D. A sign, signal or marking prohibited by this section is a public nuisance, and the authority having jurisdiction over the highway may remove it or cause it to be removed without notice. 28-649. Inter erence with o trial traffic control device or railroad sin or signal, ossession o traffic preemption emitter; classification; definition A. A person shall not attempt without lawful authority to or in fact alter, deface, injure, knock down or remove an official traffic control device, a railroad sign or signal or an inscription, shield or insignia on any device, sign or signal or any part of the device, sign or signal. Violation of the above Statutes is considered to be a class 1 misdemeanor and can result in significant penalties, including fines and even jail time. 5 Recommendations: The Town Zoning Ordinance does permit some signs to be posted without the need of a permit, per the following section: Section 6.03 Sign Permits; Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any sign within the Town without first applying for and obtaining a sign permit from the Development Services Department. "Modify, " as it is used herein, shall mean any change in or to an existing sign, its face, electrical components, design and/or supporting structures. A permit shall not be required for the following signs; provided, however, that such signs shall be subject to any and all applicable provisions of this ordinance, including Zoning Administrator approval when required: 3. Any sign ,four (4) square feet or less in area not otherwise prohibited by this ordinance. Based upon the above permitted use, Development Services staff support the following method to post lost and found pet flyers (up to 4 sq. ft.) on private property subject to the following restrictions, most of which are found in the existing regulations for garage sale signs (6.08 M): 6.08 M. Garage Sale Signs are allowed as follows: 2. Garage sale signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least one (1) foot from the edge of the paved portion of the public right-of-way. Garage sale signs shall not be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 3. No garage sale sign shall be permitted within the Shea Boulevard public right-of-way. 8. Maximum height shall not exceed three (3) feet, 10. Garage Sale signs shall not be attached to any utility pole or box, light pole, street sign, bus shelter or any structure within the public right-of-way. In addition to the above stipulations, lost and found pet signs must not affect vehicular line of sight, must be anchored to the ground (so as not to blow out into the street) and should be removed within 15 days of being posted. Additional criteria may be considered based upon public input, staff discussions and subsequent Council decisions. 6 N01 i �s't +b+l66-9b996txaas%woo 7c7m STOP STOP ALL. ' t ti- {� 'wk_ --- 00/23/2017 11=0 i SAFE AT PALS INN 4800837,0060 Town Code Section 11-1-33 states: "7t is unlawful for any person to deface any public property, including but not limited to writing or drawing thereon, or painting or pasting thereon, or attaching thereto any handbill or advertisement or other drawing or to scratch, mar, disfigure or defile such property..." Town Code Section 11-1-11 Signs and Banners, which states: "it is unlawful forany person to place any banner or sign upon any streetlight pole, traffic signal pole or utility pole within the town without first obtaining an encroachment permit from the town manger and owner of the pole." Zoning Ordinance Section 6.07.1.8 states: "Any non-public signs in the public right-of-way or on public property, except as otherwise specifically permitted, are prohibited." ARS - Display of unauthorized Signs, signals or markings: This is mainly directed towards signs near Highways or major ADOT regulated roadways. https://www.azleg.gov/viewdocument/?docName=https:/Zwww,azleg.gov/ars/28/00648.htni ARS 28-648.8 states: "A person shall not place or maintain and a public authority shall not permit on a highway a traffic sign or signal bearing any commercial advertising." City/Town Control of Advertising displays htt s: www.azle ov viewdocument ?docName=htt s: www.azle ov ars 28 07912.htm Traffic Control defacing, htt s: www.azie ov viewdocument ?docName=htt s: www.azle ov ars 28 00649.htm Overall ARS- https://www.azleg.goy/arsDetail/`?title=28 ADOT regulates sign placement near their freeways, highways and other roads. ADOT does offer an Outdoor Advertising Sign Permit. htt s: www.azdot. ov business Permits outdoor-advertisin -si n- ermits MUTCD- Manual of Uniform Traffic control devices. (this is what most engineers use for signing and striping and also ADOT defers to as well) https://rnutcd.fhwa.dot.gov/htm/2009/part2/part2b.htm This section states: This is for only STOP OR YIELD SIGNS. Standard: 01 The STOP or YIELD sign shall be installed on the near side of the intersection on the right-hand side of the approach to which it applies. When the STOP or YIELD sign is installed at this required location and the sign visibility is restricted, a Stop Ahead sign (see Section 2C,36) shall be installed in advance of the STOP sign or a Yield Ahead sign (see Section 2C.36) shall be installed in advance of the YIELD sign. 02 The STOP or YIELD sign shall be located as close as practical to the intersection it regulates, while optimizing its visibility to the road user it is intended to regulate. 03 STOP signs and YIELD signs shall not be mounted on the same post. 04 No items other than inventory stickers, sign installation dates, and bar codes shall be affixed to the fronts of STOP or YIELD signs, and the placement of these items shall be in the border of the sign. 05 No items other than official traffic control signs, inventory stickers, sign installation dates, anti -vandalism stickers, and bar codes shall be mounted on the backs of STOP or YIELD signs. 06 No items other than retroreflective strips (see Section 2A.21) or official traffic control signs shall be mounted on the fronts or backs of STOP or YIELD signs supports. Options that the town can offer: 1. Message hoard kiosks or signs. 2. Residential temporary signs in yards. 4 sq ft temp signs. Behind the sidewalk or curb. We can even provide some corrugated plastic bandit signs that have been confiscated, to use as backing for the flyers. Including the wire legs. 3. Recommend the use of Social Media. That seems to get the word out pretty well.