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HomeMy WebLinkAbout2018.09.04.AgendaPacketNOTICE 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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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$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.
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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.
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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
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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.
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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
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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
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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.
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• 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
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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.
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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
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~;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
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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
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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
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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
ۥrent 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
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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
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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.
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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_
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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,
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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 -
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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,
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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
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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
-
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1
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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
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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.