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HomeMy WebLinkAbout120301P NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, MARCH 1, 2012 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person o r by telephone conference call; a quorum of the Town’s various Commissions or Boards 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 thei r 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 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 M eeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Councilmember Dennis Contino Councilmember Cassie Hansen Vice Mayor Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2012\R3-1-12\120301A.docx Last printed 2/22/2012 3:22 PM Page 2 of 3 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum  INVOCATION – Mary Kubes, Church of the Ascension  ROLL CALL – Mayor Jay T. Schlum  MAYOR’S REPORT i.) NONE  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) RECOGNITION of Community Center Advisory Commissioners Grace Jakubs and Kathie Kelly for their contributions. ii.) RECOGNITION of McDowell Mountain Preservation Commissioner Bob Sanders for his contributions. iii.) RECOGNITION of Parks and Recreation Commissioner Fred Bedell and Youth Commissioner Amy Sanders for their contributions. iv.) RECOGNITION of Senior Services Advisory Commissioners Ed Cisak and Larry Mallek for their contributions. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 26, 2012 [Retreat] and February 16, 2012. 2. CONSIDERATION for approval of RESOLUTION 2012-03, abandoning whatever right, title, or interest the Town has in certain portions of the public utility easement located at the rear property line of Plat 401-B, Block 6, Lot 28 (10406 N. Demaret Drive) as recorded in Book 155 of Maps, Page 12, Records of Maricopa County, Arizona EA2012-01 (Martin). 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Valerie Ann Stasik representing the Fountain Hills Theater, Inc., for the purpose of a fundraiser to be held at 13001 N La Montana Drive, on Sunday, March 18, 2012, from 5:00 PM to 11:00 PM. Z:\Council Packets\2012\R3-1-12\120301A.docx Last printed 2/22/2012 3:22 PM Page 3 of 3 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Samuel D. Coffee representing the Sons of AMVETS Squadron 7, for the purpose of a fundraiser to be held at 12925 N Saguaro Boulevard, on Saturday, March 17, 2012, from 10:00 AM to 6:00 PM. REGULAR AGENDA ITEMS 5. CONSIDERATION of ORDINANCE 12-02, an amendment to the Fountain Hills Town Code, Chapter 1, Article 1-8, and Chapter 12, by creating provisions related to enforcement of civil violations. 6. CONSIDERATION of the Fourth Amendment to the Professional Services Agreement (PSA) to HDR Engineering’s design contract for the Shea Boulevard/Saguaro Boulevard Intersection Improvements Project. This PSA Amendment #4 increases the project design cost by $50,139 and extends the contract time to August 31, 2012. 7. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director Julie Ghetti. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 8. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim Town Manager/Finance Director Julie Ghetti. 9. ADJOURNMENT. DATED this 23rd day of February 2012. _____________________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 6:30 P.M. WHEN: THURSDAY, MARCH 1, 2012 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person o r by telephone conference call; a quorum of the Town’s various Commissions or Boards 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 thei r 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 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 M eeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Councilmember Dennis Contino Councilmember Cassie Hansen Vice Mayor Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2012\R3-1-12\120301A.docx Last printed 2/22/2012 3:22 PM Page 2 of 3 REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum  INVOCATION – Mary Kubes, Church of the Ascension  ROLL CALL – Mayor Jay T. Schlum  MAYOR’S REPORT i.) NONE  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) RECOGNITION of Community Center Advisory Commissioners Grace Jakubs and Kathie Kelly for their contributions. ii.) RECOGNITION of McDowell Mountain Preservation Commissioner Bob Sanders for his contributions. iii.) RECOGNITION of Parks and Recreation Commissioner Fred Bedell and Youth Commissioner Amy Sanders for their contributions. iv.) RECOGNITION of Senior Services Advisory Commissioners Ed Cisak and Larry Mallek for their contributions. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 26, 2012 [Retreat] and February 16, 2012. 2. CONSIDERATION for approval of RESOLUTION 2012-03, abandoning whatever right, title, or interest the Town has in certain portions of the public utility easement located at the rear property line of Plat 401-B, Block 6, Lot 28 (10406 N. Demaret Drive) as recorded in Book 155 of Maps, Page 12, Records of Maricopa County, Arizona EA2012-01 (Martin). 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Valerie Ann Stasik representing the Fountain Hills Theater, Inc., for the purpose of a fundraiser to be held at 13001 N La Montana Drive, on Sunday, March 18, 2012, from 5:00 PM to 11:00 PM. Z:\Council Packets\2012\R3-1-12\120301A.docx Last printed 2/22/2012 3:22 PM Page 3 of 3 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Samuel D. Coffee representing the Sons of AMVETS Squadron 7, for the purpose of a fundraiser to be held at 12925 N Saguaro Boulevard, on Saturday, March 17, 2012, from 10:00 AM to 6:00 PM. REGULAR AGENDA ITEMS 5. CONSIDERATION of ORDINANCE 12-02, an amendment to the Fountain Hills Town Code, Chapter 1, Article 1-8, and Chapter 12, by creating provisions related to enforcement of civil violations. 6. CONSIDERATION of the Fourth Amendment to the Professional Services Agreement (PSA) to HDR Engineering’s design contract for the Shea Boulevard/Saguaro Boulevard Intersection Improvements Project. This PSA Amendment #4 increases the project design cost by $50,139 and extends the contract time to August 31, 2012. 7. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director Julie Ghetti. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 8. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim Town Manager/Finance Director Julie Ghetti. 9. ADJOURNMENT. DATED this 23rd day of February 2012. _____________________________________ Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. 1625759.2 ORDINANCE NO. 12-02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 1, ARTICLE 1-8, AND CHAPTER 12, BY CREATING PROVISIONS RELATED TO ENFORCEMENT OF CIVIL VIOLATIONS. WHEREAS, the Town of Fountain Hills Town Code (the “Town Code”) contains provisions pertaining to penalties for various violations; and WHEREAS, most violations of the Town Code are, by default, designated as class one misdemeanor offenses; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) desire to adopt Town code enforcement procedures that mirror existing practice to first seek compliance prior to issuance of a civil citation or criminal complaint; and WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills to have a uniform set of standards for civil enforcement of Town Code provisions. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Fountain Hills Town Code, Chapter 1 (General), Article 1-8 (Penalty), Section 1-8-1 (Penalty Provisions), is hereby renamed Section 1-8-2 (Criminal and Civil Traffic Penalty Provisions) and amended as follows: Section 1-8-2 CRIMINAL AND CIVIL TRAFFIC Penalty Provisions A. Any person found guilty of violating any provisions of this code WHERE NO SPECIFIC PENALTY IS PROVIDED THEREFOR AND NO OTHER PENALTY PROVISION IS RE FERENCED, except as otherwise provided in this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed two thousand five hundred dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. B. Any violation of or failure or refusal to do or perform any act required by Chapter 12 of this code constitutes a civil traffic violation. Civil traffic violations are subject to the provisions of A.R.S. Title 28, Chapter 6, Articles 20 and 21 and amendments thereto. C. Any person who is found or pleads guilty to a misdemeanor criminal offense in the municipal court and who, as a consequence, is incarcerated in any jail facility, may as a part of any sentence imposed by the municipal court, be required to reimburse the Town for any costs of such incarceration charged to the Town by the jail facility in which the person was incarcerated. 1625759.2 2 SECTION 3. The Fountain Hills Town Code, Chapter 1 (General), Article 1-8 (Penalty) is hereby amended by adding a new Section 1-8-1 (General Provisions) thereto, to read as follows: Section 1-8-1 General Provisions A. Each day any violation of any provision of this code or of any ordinance continues shall constitute a separate offense. In all cases where the same offense is made punishable or is created by different clauses or sections of this code the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. B. When two or more persons have liability to the Town or are responsible for a violation of this code, their responsibility shall be joint and several. C. Nothing in this Section shall in any way impair or act as a bar to any charges or costs assessed pursuant to Chapter 5 of this code. SECTION 4. The Fountain Hills Town Code, Chapter 1 (General), Article 1-8 (Penalty) is hereby amended by adding a new Section 1-8-3 (Civil Penalty Provisions) thereto, to read as follows: Section 1-8-3 Civil Penalty Provisions A. This Section applies whenever in this code or in any ordinance of the Town any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and where a civil penalty is declared to be applicable. B. Unless otherwise specified, written notice and/or civil citation may be issued for the failure to do or perform any act required by this code. C. Notice of Violation. 1. The Town may seek voluntary compliance with the provisions of this code before issuing a civil citation or criminal complaint, as applicable. This shall include a written notice of violation given to the responsible party. 2. A notice of violation may be issued by the Town Manager or authorized designee. 3. The notice of violation shall set forth the nature of the violation, a reference to the section(s) violated, the action required to come into compliance with the provision of the code, the time period provided to come into compliance, and the person at the Town to contact for further information. 1625759.2 3 4. The Town shall use reasonable efforts to ensure that notices of violation are received by the responsible party; provided, however, failure of the responsible party to receive a notice of violation shall not preclude the subsequent issuance of a civil citation or criminal complaint, as applicable. 5. Nothing in this Section shall prevent the Town from taking immediate action to protect the public from an imminent hazard to health or safety as otherwise provided by law. D. Civil Citations. 1. Unless otherwise designated as a criminal offense, if a violation continues past the compliance time set forth in the notice of violation, a civil citation may be issued to the person or entity responsible for the violation. 2. A civil citation may be issued by the Town Manager or authorized designee. 3. The civil citation shall include the date of the violation, a reference to the section(s) violated and, if applicable, the location of the property or site at issue. 4. The civil citation shall direct the defendant to pay the fine imposed pursuant to Subsection 1-8-3(E) below or appear in the Fountain Hills Municipal Court within ten days of the issuance of the citation. 5. The civil citation shall provide notice that if the defendant fails to pay the fine or appear in the Fountain Hills Municipal Court as directed, a default judgment will be entered in the amount of the fine designated on the citation for the violation. In addition, a default fee may be imposed for failure to appear. 6. Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods: a. Hand delivering the citation to the defendant. b. Mailing a copy of the citation by certified or registered mail, return receipt requested, to the defendant’s last known address. c. Any means allowed by the Arizona Rules of Civil Procedure for the Superior Courts of Arizona. E. Civil Penalties. 1. A person or entity convicted of a violation of the code pursuant to this Section, unless otherwise specified, shall be punishable by a base fine of not more than $500. 1625759.2 4 2. Any defendant who fails to pay the fine or appear in the Fountain Hills Municipal Court as directed by a citation issued pursuant to this Section, or who fails to appear at the time and place set for trial of a matter arising under this Section, shall be subject to an additional default fee in an amount established by the Fountain Hills Municipal Court. 3. Any judgments issued by the Fountain Hills Municipal Court shall be subject to all surcharges and fees imposed by state law in addition to the base civil fines required by this Section. 4. Judgments shall be collected in the same manner as any other civil judgment as provided by law. F. Recidivist Properties/Persons. 1. The recidivist process is designed to provide relief via an expedited enforcement process for problems with persons or entities who repeatedly violate any provision of this code or Town ordinance and who have demonstrated an unwillingness to comply with this Section 1-8-3. Any violation of this chapter, whether initially deemed civil or criminal in nature, which is committed by a person deemed a recidivist as set forth in Subsection 1-8-3(F)(2) below, shall be deemed a misdemeanor and shall be addressed as set forth in Subsection 1-8-2(A) above. 2. A person or entity shall be deemed a “recidivist” if such person or entity has been issued a notice of violation and/or civil citation, and/or criminal charges filed for two or more times within the last two-year period relating to violations of the same provisions of this code. 3. To address frequently occurring violations on recidivist parties or entities, the Town Manager or authorized designee may initiate non-complaint based inspections/code enforcement on recidivist parties or entities after case resolution to check for a recurrence of the same violation(s). 4. Cases for which the persons or entities involved have been designated as recidivist shall be submitted to the Town Prosecutor for further action consistent with this chapter. G. The penalties set forth in this Section shall be in addition to any penalty, fine, fee, assessment or surcharge that may be assessed pursuant to state law. SECTION 5. The Fountain Hills Town Code, Chapter 12 (Traffic), Article 12-2 (Traffic Control), Section 12-2-13 (Penalties), is hereby amended as follows: Section 12-2-13 Penalties Violations of this article shall be punishable as set forth in Chapter 1, Article 1-8, SECTION 1-8-2, Subsection B, of this code. 1625759.2 5 SECTION 6. The Fountain Hills Town Code, Chapter 12 (Traffic), Article 12-3 (Parking), Section 12-3-12 (Penalties), is hereby amended as follows: Section 12-3-12 Penalties Violations of this Article shall be punishable as set forth in Chapter 1, Article 1-8, SECTION 1-8-2,. Subsection B, of this code. Each day that a violation continues shall be a separate offense punishable by imposition of a civil sanction not to exceed three hundred dollars. SECTION 7. The Fountain Hills Town Code, Chapter 12 (Traffic), Article 12-4 (Private Parking), Section 12-4-6 (Penalties), is hereby amended as follows: Section 12-4-6 Penalties Violations of this article shall be punishable as set forth in CHAPTER 1, ARTICLE 1-8, SECTION 1-8-2, Ssubsection B, of Article 1-8 of this code. SECTION 8. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 9. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, March 1, 2012. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Julie Ghetti, Interim Town Manager Andrew J. McGuire, Town Attorney 1668987.1 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HDR ENGINEERING, INC. THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Fourth Amendment”) is made as of March 1, 2012, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and HDR Engineering, Inc., a Nebraska corporation (the “Contractor”). RECITALS A. The Town and the Contractor entered into a Professional Services Agreement dated May 15, 2008 (the “Initial Agreement”) for the review of the existing traffic conditions and geometrics at the Shea Boulevard/Saguaro Boulevard intersection and for recommendations to improve the intersection performance and safety as part of the Shea Boulevard Widening Project (the “Project”) as the first phase of design services related to the intersection improvements. The Initial Agreement was amended by that certain First Amendment to Professional Service Agreement on August 7, 2008, to continue with the second phase of the intersection improvements (the “First Amendment”), by that certain Change Order on December 31, 2009 to add supplemental survey activities not part of the original scope of work and extend the term of the agreement for the Project (the “Second Amendment”) and by that certain Third Amendment to Professional Services Agreement on June 2, 2011, to add additional services and extend the terms of the agreement for the Project (the “Third Amendment”). Collectively the Initial Agreement, the First Amendment, the Second Amendment and the Third Amendment are referred to herein as the “Agreement.” B. After execution of the Third Amendment, the Town approved an amendment to a development agreement related to Firerock Plaza (the “Development Agreement Amendment”). As a result of the Development Agreement Amendment, the Town agreed to include certain roadway-related improvements into the design for Shea Boulevard that will impact the Project. The Town has determined that additional services are needed with respect to the Project to incorporate the changes resulting from the Development Agreement Amendment (the “Additional Services”). C. The Town has also determined that it is necessary to extend the term of the Agreement to allow for completion of the Additional Services. D. The Town and the Contractor desire to amend the Agreement to provide for the Additional Services and extend the term of the Agreement. 1668987.1 2 AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree to amend the Agreement as follows: 1. Scope of Services. The Contractor shall provide the Additional Services as set forth in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference. 2. Compensation. The Contractor’s total compensation under the Agreement shall be increased by no more than $50,139.00 from $349,163.00 to $399,302.00 as consideration for the Additional Services as more particularly set forth in Exhibit A. 3. Term of Agreement. The term of the Agreement shall be extended from December 31, 2011 until May 31, 2012. 4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 5. Non-Default. By executing this Fourth Amendment, the Contractor affirmatively asserts that the Town is not currently in default, nor has been in default at any time prior to this Fourth Amendment, under any of the terms or conditions of the Agreement. 6. Conflict of Interest. This Fourth Amendment may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 1668987.1 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Julie A. Ghetti, Interim Town Manager ATTEST: Bevelyn J. Bender, Town Clerk (ACKNOWLEDGEMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2012, by Julie A. Ghetti, the Interim Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona (affix notary seal here) [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 1668987.1 EXHIBIT A TO FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND HDR ENGINEERING, INC. [Scope of Work] See following pages.