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HomeMy WebLinkAbout1998.1203.TCREMP.Packets O. � N ' A1 NOTICE OF REGULAR .k AND EXECUTIVE SESSION 30 = off. r, 1 • OF THE tbatis % FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Vice Mayor Poma Councilman Mower Councilwoman Hutcheson WHEN: THURSDAY, DECEMBER 3, 1998 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B 1 RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 thor is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1) All citizens wishing to speak must first be recognized by the Mayor. 2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3) Please stand,approach the microphone and state your name and address after being called on to speak. 4) All comments must be directed to the Mayor. 5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6) Statements should not be repetitive. 7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION—Councilman John Wyman • ROLL CALL Consent Agenda: All items listed with an asterisk (*) 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,they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent ce.genda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular Session December 3 1998 *1.) Consideration of APPROVING THE MEETING MINUTES of November 5th and 196 1998. *2.) Consideration of RESOLUTION 1998-65 abandoning whatever right,title, or interest the Town has in certain public utility and drainage easements located along the westerly and southerly property lines of Plat 603C, Block 1, Lot 7 (15831 E. Thistle Drive) as recorded in Book 161 of Maps, Page 43 records of Maricopa County, Arizona. (Allied Homes -EA98-34). *3.) Consideration of RESOLUTION 1998-66 abandoning whatever right,title, or interest the Town has in certain public utility and drainage easements located along the northerly and westerly property lines of Plat 505B, Block 2, Lot 8 (16206 N. Bottlebrush Way) as recorded in Book 158 of Maps, Page 43 records of Maricopa County,Arizona. (Scharnow—EA98-36). 4.) PRESENTATION by County Emergency Services Planner Tim Newbill on the updated emergency response plan for the Town of Fountain Hills. 5.) Consideration of RESOLUTION 1998-67,adopting the updated emergency operations plan. 6.) Consideration of the RECOMMENDATION submitted by the Community Benefits Committee for the distribution of Community Benefit funds for fiscal year 1998/99. 7.) REPORT by Town Manager Paul Nordin on state shared revenues and the 1999 Legislative session. 8.) Discussion of A.R.S. 42-303.02(03), alternative and additional method of leasing facilities; municipal auditoriums and convention centers; leasing facilities; approval by electors; alternative methods. L 9.) Consideration of ORDINANCE 98-33,amending the Town Code, Chapter 2, Mayor and Council, by creating a new article 2-9,Petition Circulators; including two new sections, 2-9-1, Qualified Elector; Definition; and 2- 9-2,Petition Circulators. 10.) Consideration of ORDINANCE 98-34, amending the Town Code, by creating a new Article, 7-3, Pollution Reduction, containing one new Section, 7-3-1, Fireplace Restrictions, relating to restrictions on types of fireplaces that may be installed within the Town. 11.) Consideration of the TRAFFIC CALMING PLAN on El Lago Boulevard (Palisades Boulevard to Fountain Hills Boulevard), including reducing the speed limit to 30 mph and installation of an all-way stop sign at Echo Hills Drive. 12.) Discussion of USE OF DEVELOPER BONDS with direction to staff regarding disposition of the bonds. 13.) Consideration of ACCEPTING THE DEDICATION of the five-acre SunRidge Canyon Park site, located on the northeast corner of Sunridge Drive and Desert Canyon Drive, Case Number REA98-09. 14.) Consideration of APPROVING SUNRIDGE CANYON LLC'S REQUEST to not develop two trails within the SunRidge Canyon development. 15.) Consideration of OPTION AND SITE LEASE AGREEMENTS with Western Wireless for installation of stealth communications facilities in Town right-of-way along Shea Boulevard and on Town property located at Four Peaks Neighborhood Park. 16.) CALL TO THE PUBLIC Town of Fountain Hills Page 2 of 3 Last printed 12/02/98 1:56 PM Town Council Meeting Agenda Regular Session December 3 1998 Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. 17.) Pursuant to A.R.S. 38-431.03.A.3, A.R.S. 38-431.03.A.7, and A.R.S. 38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION for discussion or consideration for legal advice with the attorney or attorneys of the public body; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase of lease of real property; AND discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation;respectively. 18.) ADJOURNMENT. DATED this 2rd day of December. By: jiitj lM.d.� Cassie B. Hansen,Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1- 800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L L Town of Fountain Hills Page 3 of 3 Last printed 12/02/98 1:56 PM MEMORANDUM TO: THE HONORABLE MAYOR AND T C 111.4 FROM: PAUL L. NORDIN, TOWN MANAGE DATE: NOVEMBER 25, 1998 RE: MANAGER'S REPORT FOR THE DECEMBER 3rd COUNCIL MEETING Reminder: An Executive Session will follow this council meeting. At the end of your packet, please find Randy's memorandum regarding the Kiwanis parking lot lighting and town entrance signs lighting contracts. CONSENT AGENDA: There are three items on the consent agenda. Please review each item and contact me should you determine any should be removed. (ow AGENDA ITEMS #4 AND#5—EMERGENCY RESPONSE PLAN/ RESOLUTION#1998-67: Maricopa County Emergency Services Planner Tim Newbill will make a presentation to the Council on our Town's plan for emergency response. Ongoing revisions and updates have been made to the original plan since it was adopted in 1994. Council will consider adopting a resolution for the revised emergency response plan. Steve's memo is attached. AGENDA ITEM#6—COMMUNITY BENEFITS COMMITTEE RECOMMENDATION: The Council approved an amount of $80,000 to fund the Community Benefit programs included in the 1998-1999 budget. The Community Benefit Committee met last week to review all requests and submit their recommendations to Council for distribution of funds. Please refer to Cassie's memo. AGENDA ITEM#7—FACILITY LEASING ALTERNATIVES: Vice Mayor Poma asked that Bill Farrell present a report on this item. Please Bill's enclosed report. L AGENDA ITEM#8—ORDINANCE 98-33/PETITION CIRCULATORS: This ordinance, if enacted, will amend the Town Code to require petition circulators in Fountain Hills to have residency with the intent to remain. This action is intended to bring our code requirements up to date. Staff recommends approval. Please see Andrew's memo. AGENDA ITEM#9—ORDINANCE 1998-34/CLEAN BURNING FIREPLACES: Council will consider the adoption of an ordinance for pollution reduction measures containing one new section on fireplace restrictions. This action is intended to assist in providing uniform pollution enforcement throughout the Valley. Andrew's memo is enclosed. AGENDA ITEM# 10—TRAFFIC CALMING/EL LAGO BLVD.: Residents of El Lago Blvd. have met twice with staff to request traffic calming measures to slow the travel speed in their neighborhood. Staff recommends approval of the El Lago traffic-calming plan including reduction of the speed limit to 30 mph and the installation of an all-way stop sign at Echo Hills Drive. Please see Randy's memo. AGENDA ITEM# 11 —DEVELOPER BONDS: Staff has been holding developers' bonds to assure the construction of walkways, bikeways and trails adjacent to subdivisions since 1996. Some of the developers have recently requested that the bonds be released. Staff is now seeking Council direction on the return of these bonds. It is recommended that all of the bonds be returned except those pertaining to the completion of the Cereus Wash improvements. Please see Randy's report. AGENDA ITEM# 12 - DEED FOR SUNRIDGE PARK: Sunridge Canyon has recently requested that the Town accept dedication of the five-acre park site. It is staff's understanding that the developer is willing to waive the requirement that the Town develop and make improvements to the site until it deems it necessary or desirable. Staff recommends acceptance of the deed. Jeff's report is attached. AGENDA ITEM# 13—SUNRIDGE CANYON TRAIL PLAN WAIVER: Sunridge Canyon has requested the Council to consider elimination of the requirement that two trails linking subdivisions be developed. If this requirement were eliminated, the Town would still retain the trails and easements to allow for future development. Please see Jeff's memo. Manager's Report December 3,1998 Council Meeting Page 2 of 3 AGENDA ITEM# 14—WESTERN WIRELESS LEASE AGREEMENTS: This agenda item includes Council's consideration for the installation of Western Wireless stealth communication devices along Shea Blvd. and at Four Peaks Park. Please see Andrew's attached memo. AGENDA ITEM# 16—EXECUTIVE SESSION WITH TOWN ATTORNEY: Another executive session is scheduled to enable Council to discuss certain property negotiations. L L Manager's Report December 3,1998 Council Meeting Page 3 of 3 Chron 375 MEMORANDUM TO: Honorable Mayor and Town Council FROM: ArtCa••elari• W REVIEWED: Rand arre own Enginee I 04 THROUGH: Paul L. iv awn Manager DATE: Novemb:r 6, 1998 RE: Easement Abandonment 98-34; Resolution 1998-65 Plat 603C, Block 1, Lot 7 This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the westerly and southerly property lines of Lot 7, Block 1, Plat 603C, (15831 E. Thistle Rd.) as shown on Exhibit"A". The property owners of Lot 7 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date Cor from the adjacent property owners. The northerly 20' of the westerly 10' public utility and drainage easements and the easterly 20' of the southerly 10' public utility and drainage easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 7 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1998-65. cc: Allied Homes, Inc. Clyde &Jean Gillespia Richard Ray &Joy Rasmussen G:\Easement Memo\603C,Blk 1,Lot 7(15831 E.Thistle Rd.)Allied Homes,Inc..doc When recorded, return to: ngineering Department own of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1998-65 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 CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY, AND SOUTHERLY LOT LINES OF LOT 7, BLOCK 1 OF PLAT 603C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, 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 of the Town of Fountain Hills 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; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the westerly and southerly property lot line of Lot 7 except for the northerly 20' of the westerly 10' public utility easement and drainage easement and the easterly 20' of the southerly public utility easement and drainage easement, as shown in Exhibit A; of Plat 603C, Block 1, Lot 7, Fountain Hills, Arizona; as recorded in book 161 of maps, page 43 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 7 are 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 therefrom or existing previous to any action by the Town. Resolution 1998-65 Page 1 of 2 1SS j AIL MOTION "1'15 SECOND (JJ) ;S � COUNT I L PASSED AND ADOPTED this 3rd day of December 1998. ATTEST: FOR THE T N OF FOUNTAIN HILLS )atAA,4, Cassie B. Hansen, Town Clerk Sharon Morgan, Mayor RE I ED B . APPROVED AS TO FORM: /4- Paul L. o din, own Manager William E. Farrell, Town Attorney (kw Resolution 1998-65 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 603— C BLOCK 1 LOT 7 o \ PLAT 602-C BLOCK 3 �i tF A=90.00'00" 1 10' PUBLIC UTILITY AND /�4) ryQ S 1110 L=31.42 DRANAGE EASEMENT 663 , S R=20. . : ,Nos • I 5OO, / 4, .I F LOT 6 1 , ! /. / � LOT 7 / ') li 3 \ \ / 111 O �v \ \ 30( --......,, , III '1 O/ /* III pik 20 O� \ �99 ,litil z I I 110' PUBLIC UTILITY AND A =06''6'45" DRANAGE EASEMENT L=2. 71'I I - D • ' R=1 5.00' LOT 9 \ I LOT 8 / / BLOCK 2 \ 'A �� •, LOT 8 N�= 4%, 16545 • RAt1DY L ,.., 6 , . ____________ 13 pep 'e14, S r f SCALE: r=40' .. ► I` Chron 370 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelari" REVIEWED: Ran . Ha , Town Engine r THROUGH: Paul L. N r ' , own Manager DATE: Nove r 19, 1998 RE: Easement Aban onment 98-36; Resolution 1998-66 Plat 505B, Block 2, of 8 This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public utility and drainage easements located at the northerly and westerly property lines of Lot 8, Block 2, Plat 505B, (16206 North Bottlebrush Way). The property owners of Lot 8 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The easterly 20' of the northerly 10' public utility and drainage easements will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 8 are required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 1998-66. cc: Michael Scharnow George Lester James Tomaszewski Norbert Schilz Eric Kriwer G:\Easement Memo\505B,Blk 2,Lot 8(16206 N.Bottlebrush Way) Michael Scharnow.doc When recorded, return to: Lngineering Department own of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 1998-66 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 CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY, AND WESTERLY LOT LINES OF LOT 8, BLOCK 2 OF PLAT 505B, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, 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 of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or (iv other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along the northerly and westerly property lot lines of Lot 8; except for the easterly 20' of the northerly 10' public utility and drainage easements, as shown in Exhibit A; of Plat 505B, Block 2, Lot 8, Fountain Hills, Arizona; as recorded in book 158 of maps, page 43 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 8 are 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 therefrom or existing previous to any action by the Town. Resolution 1998-66 PASS/FAIL - - 3 - Page 1 of 2 ION � SECOND Wi ' J(n� COUNT L. PASSED AND ADOPTED this 3rd day of December, 1998. ATTEST: FOR THE TOWN OF FOUNTAIN HILLS 0,7 ,--r____- Cassie B. Hansen, Town Clerk Sharon Morgan, May 7RE D BY: APPROVED AS TO FORM: X-;i1 1 t eZ,V): P aul L. din, own Manager ,,,p William E. Farrell, Town A orney C Resolution 1998-66 Page 2 of 2 s Marshals Department L Memo To Cassie Hansen Frolic Steve Gendler ___7-",_-- Dab: 11/23/98 R.: Council Agenda item—Emergency Response Plan Executive Summary: Under ARS 26-311, every incorporated municipality is required to have an emergency response plan.The Fountain Hills plan, adapted by Council resolution#94-04 on February 17, 1994, is now 4 years old. The County Division of Emergency Management requires a periodic update and adaptation of revisions. The County Emergency Services Planner, Tim Newbill, has been working with law enforcement and fire officials in Fountain Hills preparing a formal update to our plan. He is requesting an opportunity to address the Council with the results. His presentation will focus on the purpose of the plan and the obligations of our elected officials.He will highlight major revisions since the initial plan was adapted. Major Changes: 1. The existing plan has been changed periodically to reflect the outcome of elections, appointments, and additional town staff.The new plan will address this and contain provisions for continuing updates. 2. The new plan will reflect changes in town ordinances such as Chapter 4 that established a Public Safety Director as well as changes in town staff such as the addition of a Public Works Director. 3. Since adaptation of the original plan, there have been significant changes that affect the location of command centers, notification procedures, and inter-agency communications. The new plan is built around the town's 24-hr dispatch capability, the upcoming installation of a UPS system in Building "B", and the subsequent relocation of the emergency operations center from the Fire Department to Town Hall. 4. The original plan primarily addressed natural disasters such as fires, floods, storms, and earthquakes. The new plan expands into other potential emergencies such as evacuations, health hazards and domestic terrorism. Action Requested: Based on advice from the Town Attorneys Office, the Council is being asked to pass a resolution adapting the revised emergency response plan. This same action will be asked of other governmental entities in Fountain Hills that are impacted including the Fire District, Sanitary District, and School District. RESOLUTION 1998-67 (by A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE UPDATED EMERGENCY OPERATIONS PLAN. WHEREAS, town government has the responsibility of ensuring that coordinated planning and preparations are undertaken for the purpose of providing effective response to major emergencies that may occur anywhere within the boundaries of the town; and WHEREAS,this plan is published in support of the Maricopa County Peacetime Disaster Plan and the Maricopa County Nuclear Attack Defense Plan; and WHEREAS, the Town of Fountain Hills will prepare for and be ready to execute assigned emergency tasks to the Emergency Response Organization. These assigned emergency tasks are intended to reduce the effects of both peacetime and wartime disasters on the people and the property in the town; and WHEREAS, copies of the Updated Emergency Operations Plan have been filed in the office of the Clerk of the Town of Fountain Hills in accordance with provisions of Article 26-307B, Arizona Revised Statutes. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common Council of the Town of Fountain Hills hereby promulgate the Updated Emergency Operations Plan. PASSED AND ADOPTED this 3rd day of December, 1998. ATTEST: Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: REVIEWED BY: William E. Farrell, Town Attorney Paul L. Nordin, Town Manager L Resolution 1998-67 Page 1 of 1 L., ,,, Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLER Date: 11/25/98 Re: AGENDA ITEM #6 — COMMUNITY BENEFITS RECOMMENDATION Following the final budget adoption last August, public notice was published and posted soliciting citizen • i - ommunity Benefits Committee. After a lengthy notice period, the League co . c - . . �� onflicts, the four-member committee convened to attack the task of ding r qu c rthe first things;the co I a members commented on was the limited information supplied Dine of the applicants hecover memo to the Benefits Committee, it was pointed out that If they were receiving exactly ` at -d been submitted to the Council at budget time. A short ' into _ summary s ecialpro win" funding and the evolution of "community benefits" was ihiel : I Act mate` Is given to the committee is attached.) Committee members II ntregarding4'iteria to use for next year's application process. The criteria F e * .- Erna ration format and forwarded to the Council for approval at a will.� i o �� � w� �Pp a to , meeting. The` mr also suggested that the Council determine a formula for establishing 0.dollar amount for ommunity Benefit funds. One member suggested using a ''''''44-':,,, r of t Town t b get to establish the amount. Another possibility would be to use c e o quests received, although it was felt this formula would not allow ad t`of 0 - ount. As time goes by, more groups will undoubtedly come forward with app' ;&. Establishing a formula for setting the amount of available funds would help in the budget planning process. Members felt it was quite important that the Council approve a formula when they consider the application format. After improving the process for next year, the Committee got to the task of formulating a recommendation for the current year based on the information available to them. Committee members considered factors including previous Town-funding, other available funding sources, non- profit status, how the funds are to be used, and value to the community. One member felt that reducing the amount of funding from the previous year puts the applicant in the position of questioning "what they did wrong". Another commented that groups may become dependent on annual Town funding, a drawback if the source of funds diminishes. One member felt it was helpful to categorize the different organizations and use those categories to prioritize the needs of the community. He felt this would assist the Committee and the Council to factor the unique needs L,,, Page 1 of 2 Cassie Hansen Last printed 11/25/98 1:55 PM 11/25/98 December 4, 1998 of the community into the decision-making process. The following were suggested: investing in youth, strengthening families, helping the homeless, disability services, community services, elderly services, neighborhood services, and health. The Committee felt the requests represented a broad cross-section of these community priorities. Since the Committee unanimously supported the endeavors of all the groups, they attempted to come up with a distribution that would be fair to all the applicants. They gave significant consideration to funding history, attempting to award an amount equal to the '97/98 distribution. After much lively discussion, the Committee arrived at the following recommended distribution: ORGANIZATION '97/98 AWARD '98/99 REQUEST '98/99 RECOMM. CASS 8,100 8,600 8,100 Boys &Girls Club 10,000 10,000 10,000 Community Theater 26,000 30,000 26,000 Home Delivered Meals 1,500 1,560 1,500 Food Bank 5,800 30,000 22,400 Cattleguard Alliance no request 10,000 6,000 Senior Center no request 12,340 6,000 $102,500 $80,000 The first four organizations were basically held to last year's award. The Committee felt the Food Bank's request, although significantly increased from last year, was legitimate and justified. They felt comfortable with decreasing the Cattleguard Alliance to $6,000, an amount which was double what they had received in '95/96. Also considered was the Town's $50,000 contribution to the drug-counseling program through the school. The reduction from $12,340 to $6,000 for the Senior Center reflected the Committee's support for the start up equipment expenses but their hesitancy to support the operating expenses. Although additional information and criteria would have been helpful in making their decision, the Committee felt comfortable with the ultimate consensus. They felt that holding the line to last year's distribution was a reasonable compromise in four of the requests. The Committee also felt that their increases/decreases were appropriate for the requests as submitted. Members offered to attend the Council meeting to answer questions regarding the process and rationale that formulated their decision. If you have any comments, questions or would like additional information, please do not hesitate to contact me. 2 (ow MEMO TO: COMMUNITY BENEFITS COMMITTEE Dale Jensen Melanie Pavlet Lee Robinson Millie Russell y FROM: CASSIE HAN N6, WN CLERK 0.� tST 190idtiCe ;d DATE: NOVEMBER 10, 1998 that iS RE: REVIEWING AND RECOMMENDING APPORTIONMENT OF THE COMMUNITY BENEFIT FUNDS Thank you for agreeing to serve on the committee to review the Community Benefit funding requests for fiscal year '98/99. This is a new process being implemented this year and reflects the Council's desire to obtain citizen input on funding requests received during the Town's budget process. In the past, various funding requests would come before the Council during the budget review process. Each request would be considered separately in a line item called "special programs" and funds were usually included in the budget to grant the requests. Through the years the Council did not establish any particular guidelines or format for these requests. Because of this, (0, you will be reviewing requests in different formats with variable degrees of detail. The Committee may want to establish and include suggested formats/guidelines in their recommendation to the Council for use in future years. This year you will be reviewing what was submitted to the Council at budget time. There are seven organizations requesting funding. The Council budgeted a total of $80,000 to be distributed amongst the groups. They basically came up with that figure by looking at the total of last year's requests ($66,400) and comparing it to the total requested amount this year ($102,500). Their discussion included concern that these types of requests would continue to grow each year with the expectation that whoever applied would be granted funding. The Committee may also want to make a recommendation setting an allotment amount for Community Benefit Programs in the future. Being the first Committee to take on this task presents all sorts of possibilities to ponder so contemplate the process and bring your ideas to the meeting. My assistant, Linda Lemmen, will be contacting you within the next couple of days to set up a meeting of the Committee to share and discuss your respective ideas and thoughts on distribution and process. Included in your packet are copies of the requests and funding information from the last three years. As you can see, some of the groups in the Community Benefit classification such as CASS, Meals on Wheels, the Food Bank, the Boys and Girls Club, and the Community Theater, were previously referred to as "Special Programs". A summary sheet is also included that shows the allocation ultimately approved in each year. Thank you again for volunteering to participate in this process. If you have any questions,please do not hesitate to contact me. CENTRAL RECEIVED ARIZONA(sw FEB 1 9 198 SHELTER INC.SERVICES, C FOUNTAIN s TOWN CLERK President: M.Joyce Geyser Vice President: February 18, 1998 Portia M.Erickson Secretary: James E.Morlan Treasurer Ms. Cassie Hansen Bob Ramsey Town Clerk/Director of Administration President Elect:Ed Lutz Town of Fountain Hills Directors: Box 17958 Joe Anderson Fountain Hills, AZ 85269 Toni Antonellis Todd Bankofier Mike Blelecki Dear Ms. Hansen: Elizabeth A.Blose Frank Burton atistie in M.D.Mr n � I would like to take this opportunity to request funding on behalf of Central Arizona Carl A.Faulkner Shelter Services, Inc. (CASS)from the Town of Fountain Hills for the 1998-99 fiscal Christine Gibbs,D.P.A. Guy Inzalaco year. C.C.Jones Bonnie S.Kabin Senator John Kaftes Jerry L Keteinut The mission of CASS is to helpidentify homeless individuals and eliminate,to the Beau Lane greatest extent possible,the causes of their homelessness, thus enabling them to reach Michael Lieb Patrick J.McGroder III their highest level of self-sufficiency. In fulfilling this mission CASS assists not only its Hamilton McRae Bryan Murphy,Esq. guests, but also the community as a whole. Over the past year CASS has provided Ron Ober emergency shelter and support services to more than 5,600 homeless men, women and MiAsia Pasha Elizabeth R.Reich children from throughout the Valley of the Sun. Jim Sasser Beth Schermer Moms A.Stein,AIA In providing for the needs of our guests, CASS is far more than a traditional shelter. Rev.Benjamin N.Thomas,Sr. Phyllis Winters The focus of the services and access to assistance that CASS provides is to help individuals permanently escape homelessness. To this end CASS provides case Advisory Board: management,job readiness classes,job placement, transportation, and child care. All Ernest Calderon,Esq. ' Patrick Cantelme CASS guests are required to meet with a case manager to develop a case plan that Patty Clifford Hon.Calvin C.Goode defines the guests' goals and develops strategies to achieve them. In addition, guests Dr.FFrancine ne Hard Hefatara must be looking for work or working on their case plan to reach their highest level of Jerry Hirsch self-sufficiency. William P.Mahoney,Jr.,Esq. Guy Mikkelsen Sr.Nancy Penick r provide Albert Plotkin Besides the direct services that CASS provides,we our guests with access to a Msgr.Edward J.Pyle wide range of additional services and care through a large network of collaborative Mary Steenhoek Gerald L.WIssink efforts and partnerships. Other outside agencies which provide services to CASS Catherine Zandler guests include a comprehensive medical clinic,behavioral health care, specialized case interim Executive Director management and veterans services. CASS continues to look for new alliances and Mark J.Holleran relationships in order to better serve our guests and the community. ��� The CASS mission does not end with our guests. By giving our guests hope, opportunity and the skills to become responsible and productive citizens,CASS also United Way 1209 West Madison Phoenix,Arizona 85007-9974 Phone(602)256-6945 Project HELP Jobs Program(602) 252-8405 Facsimile (602)256-6401 Ms. Cassie Hansen February 18, 1998 Page 2 L serves the greater community. As you know, many Valley cities and towns such as yours, do not have facilities and infrastructure necessary to address their homeless issues. As a result many of your homeless individuals and families are referred to CASS. In this way, CASS serves the entire Valley community. If CASS is to continue to lead the way in providing for the needs of our guests and communities alike, we need to meet our budget goals for fiscal year 1998-99. CASS' goal is to receive half of its annual budget from the municipalities it serves. CASS is attempting to apportion this share according to each municipality's population as a percentage of the Valley's total population. t . rfoula, since your „ %5996.of*he Valley's pepalatina..we are regyesting4100fitit fro th0,1' ►of Fountain Hillsufor fiscal year 1998-99. We conducted a point in time survey to determine the number of our guests who have lived in the various municipalities of the Valley of the Sun before coming to CASS. The survey showed: 12 of 185 men(6.49%); 1 of 62 women(1.61%)and 1 of 54 working men(1.85%)had lived in Fountain Hills. These figures are an estimate of the services that CASS provides for the Town of Fountain Hills. Further information about the programs and services we provide as well as a breakdown on how Fountain Hills' funds were spent in fiscal year 1996-97 are enclosed. Please feel free to contact me at 256-6945 ext. 3016 if you would like more information about CASS. I would also like to invite you to come to CASS for a visit to actually witness the difference we make in this community and the lives of our guests. Thank you for reviewing our request. Sincerely, Mark Holleran Interim Executive Director enc. 2 CENTRAL ARIZONA SHELTER SERVICES, INC . 1209 W. Madison • Phoenix, AZ 85007 • PHONE (602)256-6945 • FAX (602)256-6401 > )»>YnY.i)^»>riMY»v.-u;..>��?HY.!):lµ�N, MN"^_ ) v.y..;;..•n:.):)iiY.^;.;.w.Hy;.w;.y.yu}y:n�'.N..w))Ny.v...wyvn��yww:i)vv.Y.};n)�n))w.yY..AvwHY�)y)�'�niY,.•Y.):.)))Y.� ::Y»:.�i:l�)):.Y..)))y)):G .:_:)::>:<:,.>P R:>�„ .<..,...............:<t�t<ttt.� .wt.Mt<t........,..::,.:......:.:<.,:...S,4:Att�..wt..�w«..�..�.::Kt�:.tt .<: . . a ............V.w!t........w:!.!<•::ltt!!l•vtw•.R!!K!!it IISS<tt4:tt•:.i.:l.<0.v: MISSION - The mission of Central Arizona Shelter Services, Inc. (CASS) is to reduce homelessness in the Valley of the Sun, and to assist homeless people to attain their highest level of self-sufficiency through advocacy and the provision of appropriate shelter and services. BACKGROUND - CASS was formed in 1984 in response to the need for an agency to operate an emergency shelter for the homeless in Central Arizona. It is the largest shelter and service center for homeless people in Arizona, serving men, women, and families with children. PROGRAM AND SERVICES - CASS achieves its mission by providing proactive services that address the root causes of homelessness and encourage homeless people to become self-sufficient. These services are continually expanded and improved to meet the current community needs. • EMERGENCY SHELTER PROGRAM - Our main facility houses approximately 400 homeless men, women and working men and women. In addition, CASS shelters thirty families with children at an apartment complex in North Phoenix. Shelter guests are provided with shower and laundry facilities, hygiene items, clothing, rest beds for those with medical needs, and food from St. Vincent de Paul, Andre House, and St. Mary's Food Bank. • TRANSITIONAL WORKING PERSONS' PROGRAM -CASS guests that become employed may (oki. stay in the working men's or working women's dormitories until they save enough money to pay for housing move-in costs. CASS also provides working guests with a bag lunch, bicycles (as available), cab vouchers or bus tickets to go to and from work until they receive their first full paycheck. • CASE MANAGEMENT PROGRAM - Guests staying at CASS are assigned a case manager within three business days of entering the shelter. Case managers provide orientation, screening and assessment to determine their clients' needs. Clients are then referred to educational programs, free legal assistance, food stamps, medical and counseling aid, and other appropriate social services. Case managers work together with dients to develop a case plan whose goal is to stabilize them and help them to get off the street permanently. • PROJECT HELP - Project HELP is a program designed to help CASS guests find permanent employment. Project HELP's employment specialists make referrals for short-term job training to help clients become "job-ready." Services include access to telephones, classified ads, a post office box address and voice mail messaging service, as well as job listings from employers in the Valley to facilitate job searches. Employment specialists also recruit employers to hire our guests and provide follow-up to monitor employment progress and job retention. . • DEVELOPMENTAL CHILD CARE - The child care program provides supervised, developmental child care for preschool children at our Vista Colina Emergency Family Shelter. Homeless parents at the shelter are able to address their case plan while their children are being nurtured in a safe, secure environment. Vista Colina also offers supportive classes in parenting, self-esteem, and financial management. For information on volunteerism, donations, or corporate sponsorship, cal/256-6945, ext. .7020 1/28/98 Central Arizona Shelter Services, Inc., (CASS) Schedule of Expenditures for the Fiscal Year Ended June 30, 1997 u: .on :+. (1) Salaries and wages 4,202 1,087,952 Employee related expenditures 903 210,531 Professional and outside fees 236 29,549 Travel 44 10,940 Space 184 276,833 Equipment 4,966 Materials and supplies 161 104,277 cor Operating services 291 78,426 Indirect costs 1,679 362,215 • (1) Represents how the funding provided by your town was spent by expense category and in relation to total expenditures for the shelter for the fiscal year. L BOYS &GIRLS CLUBS OF SCOTTSDALE April 2, 1998 HONORARY CHAIRMAN CHAIRMAN Mr. Paul Nordin Town Manager CHAIRMAN ELECT Town of Fountain Hills VICE CHAIRMAN P. O. Box 17958 Fountain Hills, AZ 85269 VICE CHAIRMAN =ark 'leroerame Dear Paul, SECRETARY •onn C Heitel On behalf of the Fountain Hills Boys& Girls Club, we are respectfully requesting TREASURER Dave Forwood consideration for renewal of support from the Town of Fountain Hills. BOARD OF GOVERNORS -!artley B.Barker At this time,we are requesting a gift of$AO,0001tr our fiscal year July 1, 1998 Scott E Boylan Peter R.Carpenter through June 30, 1999. This funding level is the same as that which the town was Armando Flores Stanley Friedman generous enough to bestow upon us last fiscal year. Thefusdawillbe used to support Julian L.Fruhl rig tier, $cho0/programs and Summer,day,camp operations a Qa with other Paul S.Gerber Andrew P Gowder general program services. Steve Haws Jr'Hill Durr"'w HilliS Our funding request is timed on your current budget planning for the town's next _te:en J.r iron P,crarh A Ker,ey fiscal cycle. Your gift was of tremendous help in allowing us to serve more youth and an e V Lewis • ger L .+a.:,eil families during this current fiscal year. In fact,one of our programs,the Afterschool '.'ary 2„en McKee Latchkey Program,tripled the number of youth served during this current school year. The town's support gives us the latitude to recruit and serve more kids and families. .roc re Ren,a _ is ue Pick Your consideration of a gift for next fiscal year is even that much more important �� '_:er Siesi-'" to us. The school district has informed us they will begin to charge us full rent which =•3r,re-7eraTe may cost as much as S25,000 per year. That is a big"hit"for us.Nonetheless,we will <en continue our efforts to offer affordable and quality programs for our youth members and PRESIDENT a CEO their families. .^Tes C Stratton ADMINISTRATIVE OFFICE -a G P'cer 9,anch I thank you for your time. If you need additional information or have further 3. _ ,z,-::or,9 please • , Ar C:ra a525a-�955questions don't hesitate to contact me at 860-5520. • :-e 302 S60.5520 _:, ;J2 360.y708 Sincerely, A United Way 1_ / 3.4441-.1 Community Care Agency r/(/W► Tim Brown Vice President,Development TB/ba RECEIVED MAY 2 2 1998 •OUNTAIN HILLS TOWN CLERK 'r May 21, 1998 Dear Mayor and Town Council; The Fountain Hills Community Theater is proud to announce with gratitude that,due to the generous grant that we received from the Town of Fountain Hills, this past season has been exciting and full of growth. Last year's community support funding of$26,000.00 gave us the opportunity to hire the some of the manpower we needed to achieve our goals. By securing Peter OJuHl as our Producing Director,we were schedule of three shows has morele to than doublede�o sevur en, of production offerings for the seasonregular including two children's productions. Our Community Relations was enhanced with the addition of a pre-season"Review,Preview,Revue" and a post-season Volunteer Recognition reception. Thi seasonvl has been theater seats�rathere tthan folding chairs. ling us to remodel our dressing room and enhance the theater This addition has been a great relief and benefit to our audience. Peter's involvement with the theater has provided us with a rush of new ideas and improvements,providing our all-volunteer base with a shot of adrenaline. Our new programs have created an even greater need for valuable volunteers, and therefore the workload remains a constant. Last year's funds also enabled us to hire a part time office manager. That job includes handling the phones, processing ticket orders, publicity,programs and other office duties. This has been an invaluable link to our patrons and students. The addition of this personnel is a major step toward independent operations and longevity of the theater. This year's operational support would be used to fiuther add to staff. An essential member of the production team is a Technical Director. This person would have a strong background in set construction, sound and lighting. He would be responsible for building and stage maintenance,as well as general upkeep of sound and lighting equipment. He would also be responsible for storage facilities, set inventory,tools,building materials and hardware. Based on other community theaters,the acceptable salary for this position would be $20,00.00 annually. As proven by this past year,this position would remain secure, as long as the theater continues to produce more successful shows as well as keep the facility active on a regular basis. This level of activity can be accomplished with a TD on staff. = ;.- 5 , - ar, ? '1 2cx 1 2 - --ran 5. - 7"61 337 7:372 •a'/: 05/27/98 11:36 N0.014 202 L St. CDominit'r food(Bank O. (Box 1,'218 fountain AZ 85269 602-837-2120 fax' 602-837-2820 May 26,1998 Ms.Cassie Hansen TOWN OF FOIJNTADN HILLS Fountain Hills. Arizona RE: Request f:a Loading FY98-99 Dear Ms Hansen: Thank you any..town council for your support last summer for Sc.Domfnic's Food Bank. Once again,w: are approaching the summer months where operational casts,especially utilities,arc excessively bilk for our operating budget. We are requesting the Town of Fountain Hills'support again through the mRntbs of July,August and September. ,, Evan though cur location remains the same,the rent has beene e already increasedthan e put July year 1998.due Utility o aging costs will be ittaessed year and maintenance and repairs of the equipment. However,net:within the community for the support and assistance is continually growing. The word and reputation of he Food Bank continues to reach thou in need. The Federally suisted programs ere dtnrinioli ng and people are searching to make ends meet and feed their funnily with support from privatized organizations tucb as ours. We rely solely on the generosiy and conscience of the more fortunate and those willing io share and support those in need. Our Food Bar:c continues to require an sppl catlion process be completed and verify the needs of all who qualify for as:dunce. This process is approved by Federal guidelines and can be cross-referenced with DES information. St.Dominic'.Food Bank is stall an elloesionaestnegailivorion. We are requesting support for PritiOrY opeeeneselaisgesin the amount of 830.000, These monies will be applied to cr■wbs i i , repairs iresiamapaiougui taw),ono Thank you,felt the o ' to make this request Thank you,for your anticipated support. Sin DENNIS CO: O Executive Di:actor For Sr Donranics Food Bank nk, ttiAIN,y. CatUcuardmom (ow 4,N,w0.00 Community Alliance, Inc. . ... working together for safe and drug-free rnmmunitieskft.00 Baird of May 1, 1998 Directors Mr. Paul Nordin, Manager TOWN OF FOUNTAIN HILLS OFFICERS: P. O. Box 17958 Fountain Hills, Arizona 85269 President: Mary Palmer Marsh Dear Mr. Nordin: Community Coordinator 1st Vice President: This letter is to request inclusion in the Town's 1998-99 Dan Foster budget for CattleGuard Community Alliance, Inc. Golden Eagle Foundation 2nd Vice President: The CattleGuard Community Alliance.was originally the Peg Tibbetts Fountain Hills Alliance Against Drugs, begun., through the Administrative Assistant efforts of Frank Helton, with a small stipend from the Chamber of Commerce Governor's Division of Drug Policy in 1989. Secretary: Erica Schwartz When the Fountain Hills High School was built, and Prevention Specialist g EMPACT students from Fort McDowell began to attend, the Indian Treasurer: community was invited to join the Alliance and the name John O'Flynn "CattleGuard" was suggested to represent the recognized ne Delivered Meals,Inc. boundariesbetween the communities. Dolly Brudevold and Frank Helton served as co-chairs for the two communities. When I retired in 1993, I volunteered with CattleGuard, DIREciol s: In 1995,when both Mrs.. Brudevold and Mr. Helton became involved in other activities, I was asked to serve as chair/community coordinator. In that year the Dahnowah Gwen Babe Coalition, composed of three Alliances, - Mesa. Chandler Education Liaison and CattleGuard - was born with a three year federal Ft.McDowell Education Dept. grant from the Center for Substance Abuse Prevention . Gerald Comeau In 1995, with a small grant from LTAF and matching funds Pharmacist from the Golden Eagle Foundation, CattleGuard became Fountain Hills Safeway incorporated as a non-profit it with a 501 C 3 Gerry Corcoran rp0 P ( ) ( ) Vice Principal designation. Fountain Hills High School Molly Dragiewicz During the past two years, with funding from Dahnowah and Youth Program Coordinator the- Governor's office, CattleGuard has provided partial Boy's and Girl's Club funding for the Falcon Fiestas (1997, 1998) a community Leslie Price,Deputy drug testing program, the 1997 Boysand Girls Club Youth Ft.McDowell Police Department Town Hall, a life skills mentoring Dr.Hank Radda program for 4th and Clinical Supervisor 5th graders, a Family Fun day for 4th and 5th graders and Fort McDowell their families at Fort McDowell Adventures,a Parent- Family&Community Services Adolescent Nurturing Program, several member-attended Galen Reifsneider seminars on substance abuse and violence, the Deputy purchase of pa countysherittsotiice drug information guides for community distribution, and Sholeff the purchase of video programs on violence for use by the descent Program Coordinator Fountain Hills' Marshal's Department. imagine Recovery Resources,Inc. Robert Travers Deputy 16805 East El Lap,0105 Fountain Hills Town Marshal's Office Fountain Hills,Arizona 85268.4502 Phone:(602)837.1153 • Film 837.3095 un2,44, tourist.<<o �oJ . .CattleGuard 401111;li Commune Alliance, Inc. �=R`r rrw r44, working together for safe and drug-free 43•710,10. communities g Board of Currently, CattleGuard is underwriting the cost of a Family Fun day for students from the Middle School and Directors their families, scheduled for September; a six week Parent-Youth Nurturing Program; a Youth Leadership Program, in which high school students will be teaching OFFICERS: drug prevention to grades 3,5 and 7 to begin in September; video projects for the Boys and Girls Club and President: a girls Volleyball League. For the past year we have Mary Palmer Marsh also been working with the two professional youth Community Coordinator counselors from Imagine Recovery Resources, Inc. , who 1st Vice President have volunteering their time to CattleGuard and Fountain Dan Foster Hills High School. Golden Eagle Foundation 2nd Vice President: The three year funding from the Center for Substance Peg Tibbetts Abuse Prevention will end in September. While CattleGuard Administrative Assistant is investigating other sources of funding, our board Chamber of Commerce feels that CattleGuard is proving its worth to the Secretary: community, Erica Schwartz Y. something we cannot continue on this scale Prevention Specialist without funding for the fiscal year which begins in July EMPACT of this year. Treasurer: John O'Flynn Thank you for your consideration of our request. ne Delivered Meals,Inc. For a CattleGu d Community Alliance, X1244r44-__- DIRErroRs: Mary Palmer Marsh, Community Coordinator Gwen Bahe Education Liaison Ft.McDowell Education Dept. Gerald Comeau Pharmacist Fountain Hills Safeway Gerry Corcoran Vice Principal Fountain Hills High School Molly Dragiewicz Youth Program Coordinator Boy's and Girl's Club Leslie Price,Deputy Ft.McDowell Police Department Dr.Hank Radda Clinical Supervisor Fort McDowell Family&Community Services Galen Reifsneider Deputy Maricopa County Sheriffs Office Sholeff Jlescent Program Coordinator Imagine Recovery Resources,Inc. Robert Travers Deputy 16805 East El Lago, 0105 Fountain Hills Town Marshal's Office Fountain Hills, Arizona 852684502 Phone:(602)837.1153 • Fax:837.3095 44�tAIN �<<� Cattle Guard �:�"���%� h:1 community Alliance, Inc. y fit,. , 1. ' ... working together for safe and drug-free communities '•• • Board of May 5, 1998 Directors OFFICERS: Mr. Paul Nordin, Manager TOWN OF FOUNTAIN HILLS P. O. Box 17958 President: Fountain Hills, Arizona 85269 Mary Palmer Marsh Community Coordinator 1st Vice President: Dear Mr. Nordin: Dan Foster Golden Eagle Foundation Thankyou foryour telephonemorning. end Vice President:Peg call this Administrative Tibbetts CattleGuard is requesting , Administrative Assistant questin �lti~ OOd11,- from the Town of Chamber of Commerce Fountain Hills for FY 1998-99. Secretary: Erica Schwartz During each of the past three years CattleGuard has Prevention Specialist received between $12,000 and $13,000 from the Dahnowah EMPACT Coalition. With that funding we have sponsored a variety Treasurer: of programs for both parents and youth. John O'Flynn 'come Delivered Meals,Inc Toeing, wiA -he g'mil continue some., of .theocurrent p ams:...„4ucb as hair lilletyks-isentering irbreogrant for elementary school•:atudentait- d.a-Piren nq< .Program for DIRECTORS: 4th and 5th graders conducted_by, Parents,Anonymous. Thank you for your assistance. Gwen Bahe Education Liaison Ft.McDowell Education Dept. Gerald Comeau For the Cattl - -rd--Community Alliance Pharmacist Fountain Hills Safeway Gerry Corcoran / e . / / Vice Principal Fountain Hills High School Molly Dragiewicz Youth Program Coordinator Boy's and Girl's Club Mary Palmer. Marsh, Community Coordinator Leslie Price,Deputy Ft.McDowell Police Department - Dr.Hank Radda Clinical Supervisor - Fort McDowell Family&Community Services Galen Reitsneider Deputy Maricopa County Sheriffs Office Ion Sholeff dolescent Program Coordinator imagine Recovery Resources,Inc. Robert Travers Deputy 16805 East El Lago, 0105 Fountain Hills Town Marshal's Office Fountain Hills,Arizona 852684502 Phone:(602)837.1153 • Fax:837.3095 Prepared by Senior Services, Inc. Proposed Karen Holloway Start Up Equipment Expenses for Kiwanis Activity Building May 25, 1998 255-7078(w) cur 816-9632 (h) Item Price per Unit 'e Units Total Cost Source Comments various-price is 38-Square Folding Tables 40 6 $240.00 estimated need tables 27-28"high Padded folding chairs(Kl) blueberry,cocoa,or cranberry , 41.2 50 $2,080.00 Walsh p.70 Chair caddy-50 chair vertical 507 1 $507.00 Walsh Easels-Mark&wipe+holds pads 167_ 1, $167.00 Boise p.292 Oak framed Bulletin Board 48x72 159 1 $159.00 Boise p.301 Also used at Walsh Bulletin Board for offices 24 x 38 37.5 $30.00 used? Bulletin Board for offices 36 x 48 62.5? $40.00 used? Overhead Projector 300 $300.00 Boise p.353 or used? Slide Projector(new)+lens 411 1 Boise p.357 Possibly a donation Screen 206- 1 p.367 Will a white wall do? AV plastic utility cart 138 1 $138.00 Boise p.47 Literature display racks-wall mounted 29x 37-9 pockets 218 1 $218.00 Boise p.106 Coffee Urn Stainless steel,12-56 cups 150 1 $150.00? Ask Jim Microwaw,Various 1.1 cu.R. 850+watts 139 1 $139.00 Best Buy File Cabinet-4 drawer legal-510 Series 275 1 $100.00 Walsh p.73 also used at Walsh Telephone system- line+1 jack installed 151 $151.00 thru town? Telephones 30 2 $80.00 Karaoke Machine for exercise programs 250 1 $250.00 Copier•Canon 600 $600.00 Best Buy FAX machine 250 $250.00 Used desks -from 80 3 S240.00 Walsh-used Office chairs-used from 60 4 $240.00 Walsh-used Upholstered armchairs-lounge arees-used from 70 8 $580.00 Walsh-used Coffee tables/end tables 50 4 $200.00 Walsh-used TOTAL $6,797.00 N.B.It is likely that we would be able to obtain a discount for being a non-prom corporation from some vendors, such as Walsh Office Furniture Revised May 25,1998 L Page 1 Prepared by Senior Services, Inc. Proposed Karen Holloway Budget for 1st Year Operating Expenses May 25, 1998 255-7078 Nur or 816-9632 Ran Price per Unit 0 Units Total Cost Source Comments Part-time Assistant for setting up furniture,building security,etc.Q$6 per hour(Total est.for FY) 2,568 $2,568.00 Miscellaneous,Plastic&paperwars,administrative supplies,replacement bulbs for projectors,computer supplies,etc. 500 1 5500.00 Charge for non-prom postal permit 180 $ 180.00 Post Office Postage for newsletters 300 $300.00 Telephone and fax lines-Monthly charge for 2 lines $801m+message$18/mon th 98 12 51,178.00 US West Conference Registration&Travel out of Phx area 250 2 $500.00 Computer Training 160 2 5320.00 Total $15,544.00 If there we questions you may call meat wort 255-7078 or home 816-9632 • L Page 2 s b fir' '` k, G` I J C., n 6'1 a °�,�. -D Special Pr':__ s a lJ The Chamber of Commerce has request=d $14,900 •m the Town for 1995-96 programs. Town contribution would, in part, be for the anksgiving Day Parade and the Holiday Lighting Program. The Chamber is also requesting $3,000 for advertising. A contingent amount of $5,000 is requested for a yet-to-be-determined, festival-type event to be held during Super Bowl XXX (please see Appendix "E"). The Mayor's Council for Business Growth has not yet submitted ca...fil request; however, it is expected that they will make a request similar to past o'r' ye .e., $15,000). J a-Ae,,s Special Programs, Miscellaneous aneous _ ,-( l This request is a compilation of six different funding requests for a total of$28,270. As ,M" in previous years, Central Arizona Shelter Services is requesting funding for their efforts in aiding the homeless. The Council has supported this program each year; the amount requested this year is $7,406. Please refer to Appendix "F". The final payment for the 1995 Special Census to MAG is $6,858. The census is scheduled for the week of October 6, 1995. A new request from the Maricopa County/American Red Cross Special Transportation Services (STS) program is included. The Red Cross STS program provides transportation for Fountain Hills residents to medical and social service appointments in Mesa and Scottsdale five days a week. Eligible clients include low-income,elderly(60 and over)and disabled individuals. The amount requested is $9,500 which would provide matching funds to support two vehicles serving Fountain Hills, plus administrative and operating costs for the program. Please refer to Appendix "G". An additional new request is made from the Arizona Historical Society. The request is for $5,000 spread over three years. Therefore, $1,667 is included in this budget for this item. Please refer to Appendix "H" for full details. Mother request under the Miscellaneous Special Programs is$1,500 for Home Delivered Meals Program. Although the Meals on Wheels Program has not yet requested funding, it is anticipated that a request will be submitted soon. Finally, $1,300 is allocated for the Intergovernmental Agreement assessment for Emergency Assistance through Maricopa County. FY '95-96 Budget Page S0 Prisoner/Jail Fees The court continues to experience a heavy case load which usually generates increased jail sentences. The County and the City of Scottsdale charge the Town on a per diem basis to hold prisoners. Special Programs Chamber of Commerce The Fountain Hills Chamber of Commerce is requesting a $13,150 contribution from the Town to help offset expenses for the Thanksgiving Parade, Holiday Events, Map Update and Brochure (please see Appendix G). Central Arizona Shelter Services (CASS) The Central Arizona Shelter Services is again requesting funding for their efforts in aiding the homeless. The Council has annually supported this program. The amount requested this year is $7,700 (please see Appendix H). Meals on Wheels The Town has regularly contributed to the Home Delivered Meals program which provides meals to qualified residents of Fountain Hills. The annual amount remains at $1,500. Civil Defense The $1,300 budgeted for Civil Defense is a continuation of an Intergovernmental Agreement with Maricopa County for emergency services. Maricopa County/American Red Cross STS Maricopa County is requesting $12,416 which includes $7,416 for operating funds and $5,000 for capital funds. The Red Cross STS provides transportation services for the low income, elderly and disabled using two vans, five days a week (10 van days per week). This year's request includes increased services of 12 van days per week. (Please see Appendix I). Mayor's Council on Business Growth The Mayor's Council on Business Growth did not submit a formal request in FY '95-96, but is expected to do so this coming fiscal year. The amount budgeted is $15,000. FY '96-97 Budget Page 53 L As in last year's budget, $10,000 has been included for the public defender fees which the court must provide and for the services of Charles W. Whetstine, Attorney at Law, who ensures the ongoing compliance of the employee retirement plan with IRS regulations. Request$192,000 Jail/Prisoner Fees: Maricopa County and the City of Scottsdale charge the Town on a per diem basis to hold prisoners sentenced in the Fountain Hills Magistrate Court. The court's continued heavy caseload has resulted in a significant increase of jail sentences this past year. $15,000 was budgeted for these fees in the current fiscal year. As of April 30, 1997, fees amounting to $15,821 had already been expended. Additional funds are therefore requested in this budget. Request$21,500 Special Programs-Chamber of Commerce: r The Fountain Hills Chamber of Commerce is requesting financial assistance from the Town to help fund the following projects: the Thanksgiving Day Parade ($2,575); Holiday Lighting ($4,200). Please see Appendix E. Request$6,775 Special Programs- Central Arizona Shelter Services(CASS): The Central Arizona Shelter Services serves more than 6,000 homeless men, women and children each year with emergency shelter and support services. The Council has supported this program which does accept referrals from the Fountain Hills area. CASS attempts to obtain approximately one-half of its operating costs from the cities and towns in the Valley using a formula based on population. Fountain Hills has .62 percent of the Valley's population; thus .62 percent of one-half of their budget is the basis of their funding request. Please see Appendix F. Request$8,100 L '97-98 Budget Page 60 Special Programs—Food Bank: The Council added$5,800 to the budget to support the local food bank. Request$5,800 Special Programs-Meals on Wheels: The Town has regularly contributed to the Home Delivered Meals program, which provides meals to qualified residents of Fountain Hills. Request$1,500 Special Programs- Civil Defense: The Town has an Intergovernmental Agreement with Maricopa County for emergency services and annually budgets for this ongoing Civil Defense support. Request$1,200 Special Programs-American Red Cross STS: Maricopa County, through the Red Cross STS (Special Transportation Services) Program, provides transportation services for the low income, elderly and disabled in Fountain Hills and is requesting the Town's continued support of this service. Their proposal includes a request for $12,976 in operating funds and $4,240 in capital funds, which would provide three vehicles, five days a week(fifteen van days of service per week). Please see Appendix G. Request$17,300 Special Programs-Mayors Council: Funding has been included in the budget for a cooperative advertising campaign for Fountain Hills. Participants include the Town,the Chamber of Commerce and local developers. Request$25,000 Special Programs-Constituent Communication: This line item includes $11,250 for printing six issues of the Town's newsletter, the Fountain L `97.98 Budget Page 61 Hills Focus, the Town's bi-monthly newsletter, and $5,485 for associated postage costs. Also included is $7,200 for videotaping all regularly scheduled Council meetings. Request$24,000 Special Programs -Boys and Girls Club: On September 3, 1996, the Boys and Girls Club of Scottsdale opened a branch extension in Fountain Hills and are now requesting the Council's consideration of forming a partnership to support this local Club. The request is for a three-year pledge of$20,000 per year to be used for teen services, summer programs, youth town hall and Cattleguard Alliance programs. Staff is recommending $10,000. Please see Appendix H. This request was heard by the Parks and Recreation Commission who referred it to the Council for consideration and inclusion in the Administration budget. Request$10,000 Special Programs-McDowell Preservation: (by To further the goal of establishing a McDowell Sonoran Preserve, the McDowell Mountain Preservation Commission prepared a'97-98 budget request for Council consideration. $10,000 has been requested for the professional creation of a Preserve Logo and a brochure identifying preservation goals and promotion of a tax exempt Land Trust. $4,000 has been included for educational promotions and projects including the 2nd Annual McDowell Mountain Month and booths at the Art Fairs. $1,000 was included for costs related to preparing applications to national foundations in search of additional funding. Please see Appendix I. Request$15,000 Special Programs- Theater: After ten years of providing theatrical entertainment, classes and workshops for Fountain Hills' residents, the Fountain Hills Community Theater is seeking to re-organize the group's operations in an attempt to meet the needs of the growing community. The Theater is requesting the Town's assistance in implementing their "Leap Forward" project which includes '97-98 Budget Page 62 standardizing the functions of the theater's business office; ensuring the organization's continued financial viability; and developing new revenues and resources required for the expansion of the theater's programs and facility. The group feels this can be accomplished by hiring two part-time staff people who can pursue these goals and objectives on a daily basis. Funding is being sought to implement this staffing plan for one year and includes $15,080 for an office manager and $10,920 for a fund coordinator. It is believed these two positions will be self-supporting by the end of the year. Please see Appendix J. Request$26,000 Special Programs-Public Transit: In a cooperative effort with Maricopa County STS, the RPTA (Regional Public Transit Authority), has prepared a proposal to provide a connecting transportation service between Fountain Hills and the Valley Metro stop at the Mayo Clinic. The proposal includes three options ranging from four to six round trips per day from Fountain Hills to Mayo Clinic, where passengers would have a convenient transfer to Route 94 and limited transfer opportunities to Route 106. The transit service would comply with all ADA requirements including a deviated fixed route service. Please see Appendix K. Request$27,000 REPAIRS& MAINTENANCE: Vehicle Maintenance: It is proposed in FY '97-98 to replace the first vehicle purchased by the Town in 1990, thus reducing this line item. Request$500 Building Repairs&Maintenance: This line item is comprised of routine expenditures required for the repair and maintenance of Town Hall, Buildings B and C, and the Theater building. Included are: $12,000 for janitorial services for Town Hall; $450 for lobby area rugs; $360 for recycling services; $2,000 for L '97-98 Budget Page 63 Community Benefit Programs: Previous budgets have traditionally included funding requests from various groups including CASS (Central Arizona Shelter Services), the Boys and Girls Club,the Fountain Hills Community Theater, Meals on Wheels, and the Food Bank. These requests were previously referred to as "Special Programs". This year, additional requests have been received from the Cattleguard Alliance, the Kiwanis Senior Center and Imagine Recovery Resources Inc. During the budget process last year, the Council expressed the desire to handle these types of requests in a different manner. It was suggested that a citizen committee be assembled to review and assess the requests and make a recommendation to the Council for distribution of funds. This process would be similar to the method used in determining the distribution of LTAF (Local Transportation Assistance Funds) monies. As a starting point for Council discussion, an amount of$102,500, the total of all the requests, has been included in the proposed budget under the line item of "Community Benefit Programs". A summary of the requests is as follows: CASS 8,600 Boys&Girls Club 10,000 Fountain Hills Community Theater 30,000 Home Delivered Meals 1,560 Food Bank 30,000 CattleGuard Community Alliance 10,000 Senior Center—Kiwanis Building 12,340 $102,500 Last year's requests totaled $66,400. If the Council desires to implement an application process using a citizen committee as an advisory body, a lump sum could be included in the budget for Community Benefit Programs. The committee could review all requests and recommend distribution of whatever funds have been budgeted. Methodology of funding these requests will be done at the Council's discretion. Copies of the requests can be found in Appendix_. (Excerpted from the '98/99 budget as submitted to the Council) L COMMUNITY BENEFIT PROGRAM DISTRIBUTIONS Organization 1995/96 1996/97 1997/98 1998/99* Central AZ Shelter Services $7,406.00 $7,700.00 $8,100.00 $8,600.00 Boys& Girls Club of F.H. $0.00 $0.00 $10,000.00 $10,000.00 Fountain Hills Theater $0.00 $0.00 $26,000.00 $30,000.00 Meals on Wheels $0.00 $0.00 $1,500.00 $1,560.00 Food Bank $0.00 $0.00 $5,800.00 $30,000.00 Cattleguard Alliance $3,000.00 $0.00 $0.00 $10,000.00 Kiwanis Senior Center $0.00 $0.00 $0.00 $12,340.00 *requested L L Law Offices Of WILLIAM E. FARRELL Telephone(602)661-6044 Suite 220 Facsimile(602)661-7454 William E.Farrell 10135 East Via Linda Andrew J.McGuire Scottsdale,Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: December 3, 1998 RE: Community Center Financing A.R.S. § 42-303.03. At our council meeting of November 5, 1998 Vice Mayor Poma provided me with a copy of a state statute that is currently numbered A.R.S. § 42-303.03. A copy of the statute is attached to this memo. As you will note the statute says that it is to be repealed effective January 1, 1999,however, it will be replaced at that time with an identical statute renumbered A.R.S. § 42-171.09. I had previously reported to Vice Mayor Poma that I did not believe the statue would be a viable alternative to previous council decisions for both legal and financial reasons. The Vice Mayor has asked that this item be discussed at the council meeting. A more detailed memorandum will be available early next week for your review prior to the council meeting. Respectfully submitted, )-3-;(1 William E. Farrell Town Attorney L § 42-303.03. Alternative and additional method of leasing facilities; municipal auditoriums and convention centers; leasing facilities; approv- al by electors; alternative methods A. This section provides an alternative and additional method for leasing municipal L1cilities. The provisions of this section shall not be applicable to leases entered into before or after the effective date of this section, nor to leases executed and existing on the effective date of this section, provided such leases would have been valid regardless of the enactment of the provisions of this section. , B. Nothing contained in this article shall be construed to limit the right of a city or town, as lessee, to enter into leases of real or personal property to be used for municipal auditorium and convention center purposes running for a term of years but not to exceed fifty years. A city or town may enter into such leases provided that title to the property leased is to vest in the lessee at the expiration of the term of the lease if the lessee has performed all of its obligations thereunder. No such lease need be included in the budget for the fiscal year in which it is executed, but provision shall be made in each annual budget thereafter during the term of the lease for the levy of taxes or the provision of other revenues fully sufficient to pay any rental falling due during such fiscal year. No such lease shall be entered into without submitting the question to the qualified electors of the municipality and approval of such lease by a majority of those voting thereon at an election therefor to be ordered, conducted and canvassed in the manner provided in title 9, chapter 7, article 3.1 C. Monies for any rental payments due under any lease pursuant to subsection B of this section shall be derived from revenues other than those collected to pay the general obligation bonds of the city or town and shall be used for municipal auditorium and convention center purposes. A tax shall not be imposed on real property to support the operation or LIaintenance of a municipal auditorium or convention center financed under this section, nor shall any such tax be imposed, or the proceeds thereof used, for the payment of rentals under any lease entered into under this section. Added as § 42-303.02 by Laws 1965, Ch. 22, § 1, eff. March 31, 1965. Amended by Laws 1980, 2nd S.S., Ch. 8, § 65, eff. July 1, 1982. Renumbered as § 42-303.03 by Laws 1996, 7th S.S., Ch. 3, § 5. 1 Section 9-821 et seq. Repeal This section is repealed by Laws 1997, Ch. 150, § 9, effective January 1, 1999. Application This section, as renumbered by Laws 1996, 7th S.S., Ch. 3, applies to taxable years beginning January 1, 1997. See Historical and Statutory Notes, post. Historical and Statutory Notes Laws 1996, 7th S.S., Ch. 3, § 7, provides: "This act applies to tax years beginning from "Sec. 7. Applicability and after December 31, 1996." See special pamphlet for New Title 42 text 203 Dec 03 98 10: 32a William E. Farrell (602) 661 -7454 p. 2 Lew Oka Of WILLIAME. FARRELL Telephone(602)661.6044 Suite 220 Facsimile(602)661-7454 William F..Farrell 10135 East Viz,Linda Andrew I.McGuire Scottsdale,Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E.Farrell Town Attorney DATE: December 3, 1998 RE: Community Center Alternative Financing Method As you are aware Vice-Mayor Poma provided me with a copy of a state statute,A.R.S. §42- 303.02, after our November 5, 1998 meeting and asked me for an opinion as to whether or not this would be a method available to the Town Council should they choose to take advantage of it. I delivered the Vice-Mayor a private opinion and he has asked that this item be placed on the agenda for a full discussion. My opinion is that the state statute would not be either legal or practical for the Town to use as an alternative method of financing our new Community Center. The statute has been renumbered once since its adoption and will be renumbered again after January 1, 1999, however, the basic contents have not changed since its adoption by the Arizona Legislature in 1965. I have not been able to find a single city or town who has used the method described in this statute since its passage. At the time of the adoption of this statute by the State Legislature,the City of Phoenix was engaged in litigation over their attempt to enter into a lease agreement with the Phoenix Civic Auditorium and Convention Center Association for the construction of what is known as the Phoenix Civic Center. The issues in the Phoenix lawsuit are somewhat similar to the issues that this Council discussed and decided some time back when it gave indication to the staff to use the municipal property corporation funding mechanism. Briefly reviewed, staff discussed with Council three methods of funding the new Community Center. The first was a general obligation bond which would impose a property tax on all real property in the Town of Fountain Hills and would require a general election. As I recall, it was Council's opinion that a property tax should not be used for the Community Center as it would unfairly burden only one class of persons, local property owners, and would limit or greatly reduce ZAW PDATA\Fh\CommunityCenter mea Dec 03 98 10: 32a William E. Farrell (602) 661 -7454 p. 3 Memorandum RE: Community Center Alternative Financing Method December 3, 1998 Page 2 the ability to seek voter approval for other issues such as open meth d Was to seek voter eservation approval for h the voters have already authorized up to six million dollars. The second a capital accumulations exception to the state budget law which would allow us to continue to save money for the construction of the Community Center without having that savings account counted against our state-mandated expenditure limitation. As I recall,the Council did not favor this method as it would put off the construction of the Comm n futnreter for at revenueseto thst ane town and. increased ditional three to five years and perhaps even longer depending p construction costs. The third method for financing was favored by the Council and that was the use of a municipal property corporation. This is a mechanism that allows the Town Council to enter into an agreement with an Arizona corporation for the construction and lease back on town owned land of the Community Center and to pledge portions of our excise tax as the method of repayment. This method does not count against our expenditure limitation and is used extensively throughout the state. A.R.S. § 42-303.02 was an attempt by the legislature to offer a compromise to the City of Phoenix prior to its obtaining a Supreme Court opinion which approved the concept of the use of a municipal property corporation as a valid method to use excise tax funds without violating either the constitutional or statutory mandate on debt or expenditure limitation. The Arizona Supreme Court,in its first City of Phoenix opinion issued in December of 1965, approximately nine months after the statute was adopted, saw fit to comment on the statute. The comment can be construed as somewhat negative and that is perhaps the single most important factor why the statute has not been used since its passage. The State Supreme Court in City of Phoenix I stated as follows: This [statute] does not affect the instant case, as it expressly states that it is not applicable to leases entered into before or after,if such leases would have been valid regardless of the enactment of the provisions of the law. We express no opinion as to the effect of any action which might be taken pursuant to such statute. We recognize that the City officials,in entering into the agreement presented in the instant case, are of the opinion that the building of a civic auditorium and convention center would be in the interests of the people of the City of Phoenix. The people,in framing the constitution, were undoubtedly of the opinion that the constitutional safeguards against indebtedness were to the best interests of the economy of the state, and the legislature was evidently of the opinion t hat the statutory budget limitations were in the interests ofthe people. We cannot override these safeguards to meet the exigency of the situation. iikor It would be my opinion,although I do not write bond opinions,that our bond counsel would have difficulty in explaining to potential underwriters and purchasers of the bonds the meaning of that statement should we be the first community to attempt to finance a municipal auditorium and Z\W PDATAWIACommwiryCacia mem Dec 03 98 10: 33a William E. Farrell (602) 661 -7454 p. 4 Memorandum (imRE: Community Center Alternative Financing Method ,,, December 3, 1998 Page 3 convention center under this statute. The next question would be whether or not our Community Center is in fact a municipal auditorium and convention center. A legal opinion regarding that matter would also need to be obtained. The third legal infirmity I note in the statute is whether or not an underwriter or a bond buyer would be satisfied with the pledge and the security thereof under this statute. It clearly acts in the nature of a general obligation bond but specifically does not allow the town to actually impose a tax on real property. It would therefore seem that the general fund would have to be significantly impacted each year by not only the amount of the payment but whatever other additional guarantees might be needed in order to sell the bonds. This restriction would apply each and every year in which the bonds are outstanding and would have a distinct negative revenue impact on other obligations and opportunities not only for this Council but for all future Councils until the debt is satisfied. Stated as politely as possible it would be the least efficient use of funds available when in fact an already established and widely used mechanism is in place that is consistent with the laws and the constitution and renders this Council as well as all future Councils'maximum flexibility in meeting the needs of the citizens through the use of the funds that are available. I would conclude by again saying that it is my opinion the use of A.R.S. §42-303.02(.03)is neither a practical or legal way to fund construction the new Community Center. tirw As always I will attempt to answer any questions you may have regarding this opinion. Respectfully submitted, 73..tlls William E. Farrell Town Attorney WEF:pf L LA WPDATA\FH\CommunityCmta.man Law Offices Of WILLIAM E. FARRELL Telephone(602)661-6044 Suite 220 (Ike Facsimile(602)661-7454 William E.Farrell 10135 East Via Linda Andrew J.McGuire Scottsdale,Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: Andrew J. McGuire Assistant Town Attorney DATE: December 3, 1998 RE: Staff Report- Ordinance 98-33 For your consideration tonight is Ordinance 98-33, an amendment to the Town Code regarding qualifications of petition circulators. A short time ago the Arizona courts addressed the issue of residency requirements for petition circulators. The question was addressed because of the City of Scottsdale City Clerk' s refusal to accept referendum petitions challenging the approval of a rezoning for the Phoenix Coyotes Ice Den near Pima and Bell roads. In that case, the Clerk refused to accept a number of petitions that were circulated by people who did not meet Scottsdale's residency requirements. The City's position was based upon its code provision that required that all circulators be: (1) qualified electors of the City of Scottsdale, and (2) permanent residents of the City with the intent to remain so. While the state statutes provide us with a definition of"qualified elector,"we do not have a code provision similar to Scottsdale's that would allow us to require circulators to have residency with the intent to remain. This ordinance is intended to bring our code requirements in line with the current jurisprudence. The provisions of 98-33 shall apply to circulators for virtually any ballot measure in the Town, including but not limited to,referendum,recall,initiative,and nominations for mayor and council. Staff Recommendation: Approval of Ordinance 98-33 L Z\W PDATA\FH\ORD\1998\98-33.mem.wpd ORDINANCE 98-33 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE, CHAPTER 2,MAYOR AND COUNCIL,BY CREATING A NEW ARTICLE 2-9,PETITION CIRCULATORS;INCLUDING TWO NEW SECTIONS,2-9- 1, QUALIFIED ELECTOR; DEFINITION; AND 2-9-2, PETITION CIRCULATORS. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Town Code, Chapter 2,Mayor and Council, is hereby amended by creating a new Article 2-9, Petition Circulators, including two new Sections 2-9-1, Qualified Elector; definition, and Section 2-9-2, Petition circulators, to read as follows: ARTICLE 2-9 PETITION CIRCULATORS 2-9-1 Qualified elector; definition 2-9-2 Petition circulators Section 2-9-1 Qualified elector; definition. A. Every resident of the Town is qualified to register and vote in Town elections if he or she: 1. Is a citizen of the United States; 2. Will be eighteen(18)years of age or more on or before the date of the next Town election following registration; 3. Will have been a resident of the Town and registered to vote prior to midnight of the twenty-ninth(29th) day preceding the date of the next Town election; 4. Is able to write his or her name, or make a mark,unless prevented from doing so by physical disability; 5. Has not been convicted of treason or a felony, unless restored to civil rights; and 6. Has not been adjudicated an incapacitated person as defined by A:.R.S. § 14-5101,or its successor statute. B. For the purposes of this Article, "resident" means an individual who has actual physical presence in the Town, combined with an intent to remain. A temporary absence shall not result in a loss of residence if the individual has an intent to return following his or her Ordinance 98-33 PASS FAIL AL a- 3 - Page 1 of 2 ION arm � ».� SECOND COUNT -] Law Offices Of WILLIAM E. FARRELL Telephone(602)661-6044 Suite 220 Facsimile(602)661-7454 William E.Farrell 10135 East Via Linda Andrew J.McGuire Scottsdale,Arizona 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: Andrew J. McGuire Assistant Town Attorney DATE: December 3, 1998 RE: Staff Report - Ordinance 98-34 For your consideration tonight is Ordinance 98-34, an amendment to the Town Code creating a new Article 7-3, Pollution Reduction. This ordinance is a direct result of the Council's adoption of pollution reduction measures (PM-10) on October 1, 1998. Ordinance 98-34 is copied nearly verbatim from the model ordinance drafted by the Maricopa Association of Governments (MAG) in an effort to provide uniform enforcement across the Valley. The model ordinance sets forth an effective date of December 31, 1998, which is less than 30 days from tonight. Therefore, I have set the effective date for Fountain Hills at January 4, 1999 to meet the statutory 30-day period. Staff Recommendation: Approval of Ordinance 98-34 L E:WTTORNEY\98-34.MEM.DOC ORDINANCE 98-34 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN CODE, BY CREATING A NEW ARTICLE, 7-3, POLLUTION REDUCTION, CONTAINING ONE NEW SECTION,7-3-1,FIREPLACE RESTRICTIONS, RELATING TO RESTRICTIONS ON TYPES OF FIREPLACES THAT MAY BE INSTALLED WITHIN THE TOWN. WHEREAS, air pollution caused by particulate matter and carbon monoxide is a concern throughout Maricopa County; and WHEREAS,air pollution is a regional problem that requires all cities and towns throughout Maricopa County to work towards a solution; and WHEREAS, on October 1, 1998, the Fountain Hills Town Council approved the implementation of pollution reduction measures including restrictions on types of fireplaces permitted within the town; and WHEREAS,the Maricopa Association of Governments has developed a model ordinance for use by cities and towns throughout Maricopa County in order to provide uniform guidelines relating to the regulation of emissions and standards for fireplaces, woodstoves, and other solid-fuel burning devices to reduce the amount of air pollution caused by particulate matter and carbon monoxide. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Fountain Hills Town Code Chapter 7,Buildings and Building Regulations, is hereby amended by creating a new Article 7-3, Pollution Reduction, to read as follows: ARTICLE 7-3 POLLUTION REDUCTION 7-3-1 Fireplace Restrictions Section 7-3-1 Fireplace Restrictions A. For the purposes of this Section, the following words and terms shall have the meaning ascribed thereto: 1. "Fireplace" means a built-in-place masonry hearth and fire chamber or a factory-built appliance designed to burn solid fuel or to accommodate a gas or electric log insert Ordinance 98-34 Page 1 of 3 E:\ORDRES\ORD\9S-34.ORD.DOC or similar device, and which is intended for occasional recreational or aesthetic use, not for cooking, heating, or industrial processes. 2. "Solid fuel"means and includes,but is not limited to, wood,coal or other nongaseous or nonliquid fuels, including those fuels defined by the Maricopa County Air Pollution Control Officer as "inappropriate fuel"to burn in residential woodburning devices. 3. "Woodstove" means a solid-fuel burning heating appliance including a pellet stove, which is either freestanding or designed to be inserted into a fireplace. B. On or after January 4, 1999, no person, firm or corporation shall construct or install a fireplace or a woodstove, and the Town shall not approve or issue a permit to construct or install a fireplace or a woodstove, unless the fireplace or woodstove is one of the following: 1. A fireplace which has a permanently installed gas or electric log insert; 2. A fireplace, woodstove or other solid-fuel burning appliance that has been certified by the United States Environmental Protection Agency as conforming to 40 CFR Part 60, Subpart AAA, or any amendments thereto; 3. A fireplace, woodstove or other solid-fuel burning appliance that has been tested and L listed by a nationally recognized testing agency to meet performance standards equivalent to those adopted by 40 CFR Part 60, Subpart AAA, or any amendments thereto; 4. A fireplace,woodstove or other solid-fuel burning appliance that has been determined by the Maricopa County Air Pollution Control Officer to meet performance standards equivalent to those adopted by 40 CFR Part 60, Subpart AAA, or any amendments thereto; or 5. A fireplace that has a permanently installed woodstove insert that complies with paragraphs 2, 3 or 4 above. C. The following installations are not regulated and are not prohibited by this Section: 1. Furnaces, boilers, incinerators, kilns and other similar space heating or industrial process equipment; 2. Cookstoves, barbecue grills and other similar appliances designed primarily for cooking; and 3. Firepits, barbeque grills and other outdoor fireplaces. L Ordinance 98-34 Page 2 of 3 E:\ORDRES\ORD\9S-34.ORD.DOC (iv D. Fireplaces constructed or installed on or after January 4, 1999 that contain a gas or electric log insert or a woodstove insert shall not be altered to directly burn wood or any other solid fuel. E. On or after January 4, 1999, no person, firm or corporation shall alter a fireplace,woodstove or other solid fuel burning appliance in any manner that would void its certification or operational compliance with the provisions of this Section. F. In addition to the provisions and restrictions of this Section, construction, installation or alteration of all fireplaces, woodstoves and other gas,electric or solid-fuel burning appliances and equipment shall be done in compliance with the provisions of the Town Code and shall be subject to permits and inspections required by the Town. G. Fireplaces constructed or installed on or after January 4, 1999 shall not be altered without first obtaining a permit from the Town to ensure compliance with this Section. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 3rd day of December, 1998. FOR THE T WN OF FOUNTAIN HILLS: ATTESTED TO: aron Morgan, Mayor Cassie B. Hansen, Town Clerk REV BY: APPROVED AS TO FORM: N/A jhavv.; 4Te:34j( Paul L. ordm, Town Manager William E. Farrell, Town Attorney L Ordinance 98-34 Page 3 of 3 E:\ORDRES\ORD\98-34.ORD.DOC Chron 371 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Council FROM: Ran y . Ha e' , Town Engine .l 04 THROUGH: Paul i wn Manager I) DATE: Nove 24, 998 RE: El Lago Blvd, Pa isades Blvd to Fountain Hills Blvd Traffic Calming Modifications Staff has been meeting with the residents of El Lago Blvd (between Palisades Blvd and Fountain Hills Blvd) to develop a plan for traffic calming modifications. Although El Lago Blvd is a major collector street and does not fit into the Town's adopted traffic calming process, we have been following the process guidelines to the extent applicable. Basically, the neighborhood traffic problem is excessive speed. El Lago is a very wide street with only a centerline stripe. El Lago is on a moderately steep grade, with a 1.1 mile unstopped length. The existing speed limit is 35 mph. The defined "neighborhood" is shown on the attached map. After an initial neighborhood meeting, staff met twice with a committee of eight residents. The residents have circulated a petition requesting the traffic calming modifications, which has been signed by residents representing 58 of the 72 neighborhood lots. This amounts to 80% of the neighborhood lots (minimum 75% required). The traffic calming measures requested are as follows: • Stripe the street for a two-way left turn lane, one through lane in each direction, and 9' edge (parking, bike, pedestrian) lanes. We have had some success in reducing speeds on other streets by adding striping. This striping pattern is similar to how we recently striped Palomino Blvd. • Install an all-way stop on El Lago at Echo Hills Drive. This all-way stop will not be warranted under the MUTCD. However, because of the 1.1 mile unstopped length with an average of 5% grade (and a maximum of 11% grade), staff believes this can be an appropriate part of an overall traffic calming plan. Two of the three lots adjacent to this intersection have signed the petition; we understand that the third El Lago Traffic Modifications.doc Page 1 of 2 Chron 371 adjacent lot owner is agreeable to the all-way stop (but not the speed limit reduction). There is no specific requirement in the Town's traffic calming procedure regarding all-way stops in general or approval of adjacent residences specifically. • Reduce the speed limit from 35 mph to 30 mph. Speed limit reductions, by themselves, have not been shown to reduce speed. Based on the existing traffic speed study alone, a speed limit reduction could not be justified. However, as a part of an overall traffic calming plan, staff believes that a speed limit reduction can be appropriate. Additionally, staff is concerned about cut-through traffic potential once El Lago is paved between Fountain Hills Blvd and La Montana; efforts to reduce speed on El Lago should help minimize this cut-through traffic. Similar streets within the Town have either a 30 mph (Palomino, La Montana, and El Lago east of La Montana) or 35 mph (Kingstree, El Pueblo, and Glenbrook) speed limit; reduction of the speed limit to 30 mph is not unreasonable. • Improve signage regarding the no-truck prohibition. Staff recommends approval of the El Lago Blvd (Palisades to Fountain Hills Blvd) traffic calming plan. Specific Council approval is required for: • Reducing the speed limit to 30 mph (required by Town Code). • Installation of an all-way stop at Echo Hills Drive (requested by staff, since the stop will not be"warranted"per the MUTCD). bb att. L El Lago Traffic Modifications.doc Page 2 of 2 November 18, 1998 El Lago Blvd—Palisades to Fountain Hills Blvd. The "Facts" • El Lago is a major collector street—64' wide on an 84' right-of-way Capacity 20,000—30,000 vpd Subdivision Ordinance—desirable maximum traffic 7,000 vpd Subdivision Ordinance—speed limit 35 mph 1998 • Current Volumes: @ 1000' East of Palisades 600 vpd @ Cavern 600 vpd @ Fountain Hills Blvd 2,000 vpd • Trucks (@ 1000' East of Palisades ) 24 vpd • Speed: 50 Percentile 37 mph 85 Percentile 45 mph 1-25 mph 10% 26-30 mph 15% 31-40 mph 49% 41-50 mph 29% 51-99 mph 2% • Four Peaks Vista will have an emergency access gate onto Mountainside. • Consultant says traffic will not cut-through on El Lago to downtown area. • Two non-injury accidents in the last 4+ years. • At Fountain Hills Blvd., acceptable gaps (>8 seconds) exist 60% of the time in rush hour. L El Lago Blvd Fact Sheet.doc SAMPLE PETITION PETITION TO MODIFY THE TRAFFIC FLOW ON EL LAGO BOULEVARD ikar BETWEEN PALISADES BLVD AND FOUNTAIN HILLS BLVD BY: • Striping edge lines and a two-way left turn lane • Reducing the speed limit to 30 mph • Installing an all-way stop at Echo Hills Drive DATE: October 19, 1998 Before you sign this petition, know what you are signing! It is recommended that you first read the Town's Neighborhood Traffic Management Process. We, the undersigned Residents or Owners of the area shown on the attached map petition the Town to modify the traffic control on El Lago Boulevard as noted above. All persons signing this petition do hereby certify that they represent a lot or property within the area impacted by the proposed traffic flow changes as shown on the attached map. Contact person: ‘)At 11 C e /'t 1e14 Phone: '/(.0`—C9 tic I (6, SIGNATURE PRINT NAME PRINT STREET ADDRESS PHONE# L/ /.lic441, 7J Y` f/1-1-, - / 3 6 E 936 V p_c, to L . I F ; .ciw,oc. 61Ens. /5.. 5— /,/L/ 6 0 37 -003L) S,ua Cte3( Vgenc= toss i 6,535 e, ( 6( g - 67f1. 1/ Poy y is-60i 6Z. GAG70 •37- 79' A,P/J'o 6w4/,/ y /i // ter, Jelly /5602. 9e7 �i6- 3zs c:A 2J /,v ttdn 4 _ kt (41 TOWN OF FOUNTAIN HILLS El Lago Blvd Petition.doc / - -- --- ----- / / - ' \ .s.‘*.;- „----- , _ i I ' \ ' -- ----14-71 .7 " /,:c2,1;-'; F.'] E. :(,. ..------ -----1,\--2 I -`,' \:A :\ "`Le -; :1' 1 ' h e r. �--- .� 11 r tolz P j' .c'� ( ,_. 6 1 ;J•I i ( al al 4'44--#144. • 4' *,.2 ,-, ,-----_64-, \ i 2 i \: - 4 . 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Chron 373 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Council FROM: Ra r • L. :rrel, Town Engin r THROUGH: Pau o s i own Manager DATE: Nove��,•=r 24, 1998 RE: Developer bonds for trails Cereus Wash and other locations At the time of the passage of the Wildlife Habitat and Preservation Ordinance in May 1996 (Town Code Article 9-3), a number of subdivisions deferred the construction of stipulated walkways, bikeways, or trails adjacent to their subdivisions. In some cases, the subdivision stipulations allowed the bond to be continued; in other cases, staff simply allowed the continuation of the bond, instead of mandating the construction to proceed. (iw A listing of the subdivisions, bond amounts, conditions, location and surface of the "trails" is attached. A map showing the trail areas is also attached. Staff is seeking Council direction regarding the developer's assurances/bonds. On the one hand, to require the developer to construct the trails would require Council direction and may necessitate an environmental report, public hearings, and a affirmative vote of the people. On the other hand, staff is reluctant to just return the developer's assurances without affirmative Council direction. Staff has been holding on to the assurances, but now has requests from several developers (or their attorneys) to release their assurances. After review of the subdivision stipulations, and on the advice of the Town Attorney, staff did already return Puerto del Lago's assurance last June. With one area of exception, Staff recommends returning all the developer's assurances. Those assurances are disjointed and do not accomplish any coordinated result. However, one location—Cereus Wash—incorporates several assurances to provide a complete, functional trail system. Basically an 8' wide concrete walkway would be constructed from Saguaro Blvd to north of Shea Blvd, connect to Firebrick Drive, and have a future extension west of Saguaro Blvd. A map of the proposed trail is attached. The trail would incorporate construction assurances issued for Plat 704 (MCO), Plat 704-Lot 3 Replat (MCO), Plat 705 (MCO), and Firerock Resort Casitas (Mirage Homes). MCO has also provided a commitment letter for the future extension of this trail west of Saguaro Blvd, along the Bank of America project. Trail.doc Page 1 of 2 Chron 373 The trail will provide a pedestrian/bicycle connection through the Shea Blvd commercial corridor. It will connect to the Crossroads Convenience Center(Wendy's, Arby's, and Taco Bell), Plat 705 (Holiday Inn and Marie Callendar's), Plat 704 (Denny's, Comfort Inn, and Texaco), Firerock Resort Casitas, Bank of America, and the proposed future Target Store. The trail undercrosses both Saguaro Blvd and Shea Blvd, and represents a major safety improvement for pedestrians/bicyclists' access to the Shea commercial corridor. Environmentally, Cereus Wash is badly scarred from the 1994 fire, sewer and effluent utility construction, and the adjacent commercial construction. The trail would allow better access to restore the wash condition, and minimize future damage from utility operations. Staff has met with Bob Barbanica and Mark Van Boeckel from the Committee to Protect the Environment. They agreed that this trail could have positive access and safety benefits, that the environment would not be damaged by it, and that there are no adjacent single family residences to object to it. However, they expressed concern that this might be viewed as the first of many projects. But, by returning all the other developer assurances, the Council can give evidence that this project will indeed be a"one of a kind" project. This is a Council policy issue, and staff will await the Council's direction. By separate memo, Town Attorney Bill Farrell will be addressing the Council regarding the effect of the Wildlife Preservation and Habitat Ordinance on these developer work items. bb att. Assurance listing Cereus Wash map Trail Assurances map L Trail.doc Page 2 of 2 PLAT 516 (RELEASED 9/97) IIfttf,w ■ !l 1P.‘ , hi EV,1�.Y PA@CELAN. !FG, �-29L ` Cr I Town of $ . xrain Hill DR I Ill`/` YELLOwSTONE_� � ■ �'� , PDarDDR.°�� . '�o � Pi. RECO - a TRAIL DRYAD •k X ° GaRTR Nq �, 4S X �t� �RlawooDE ?.QPR r DR . ,, j $ � ' �3k �ASSU RAN �. s POSITI • N . � a A on )4\,-�R� 4 K� c�4 .,&fqR aMucA W 'RTNI UPDATED:77-2'.f-98 'c$ OP''"Y4 t- trl 'F i sr l •: NEW t' I $ 0 % i' ,,55�.,, i I TRAIL ASSURANCE HELD Gf , .A 0 ( AGt '. . -f # #FORMER ASSURANCE M�NELL MOUNTAIN �4' T i /• ,F' `' SIERRA • ,p., _ -8010Mu - -- ' -�• --- i. Z1..•. CA7CREr-.', '91FCT .flR■� I ------- 0_. - f, , Z - 440/04, DR 4L F. pVk•.Ak*, BLVD a . PUEBLO 3 BL09 at ANLEY SANTIAGO Pt .A.J.s 'm .N. ' ••K g$ E fqA, OR NREN CT 0f '(- 19,'. - 1 EN OpA s• CAIU°A q ,, — rZ2 \ ,.fD $ .y. d a. d f ORO GRANDE OR LN >■ 4Y, 1 I s IOVE.''4 }, ^ I ' 'I01. DR Sc o 1101 ■ I �1401\LOS " r4H P wAAPARRAL'` Vt. I GIENPgR„OR '.• •` � ,�OAFait AR D. � ALG�lOINN I DELL 1.o SAN BLAS MOCNOS CT ko CENTURY DR q DR A q _ i, CAUENIE o YAM IVA PANLHO I BUCK1Np2N CT �}�G , �` '' SAN MARCUS }1( VILLA PL ' 'Ik0C r R Ci iVy�, �i. 4. . 4 �}I`V' 4� >�' •• !A KLORo50 .. V E NOONN DRIOE #&:JL 4.111V4.;orYON SUNR/Da ` •t""EWC L'Te.ORTH ' N DR NCMON " , yI s RR L N. ■ E. ) 4 I ♦,. $ BRI N. r Si: `W c PPE .000 I (RELEASE 4. SEE d! '1 W eu.SA MIDLAND DR rqV sr/ T. O�` !8'1 ! DR OR°E S„�[�ES %C.i.,:t•:.:"Aggr) 1 �i IRSEN ##, A(qi•�., 'AUEp�c!� I SEPARATE AGENDA D y r`., ,,ct �g JOJDBA LN�� ID ,p�•cr $DR 4$N+ dopim ' ��/■Aw ITEM) �Y GRANDE; BL VD , • FF �'�'Afj g 1 • sJ MORNING q/ 7�tS' DR 1 i CT GLORY .; ■ • 3`fig:°E1 .NFLONE0.1S! -iQ A ' • '/. ON ANA 7J J� /vim B E�,4A N0.1 '4 RMOADS MANIAMrA� 1 f1 UfaRY NUN. �N , 3 CT d0 1'4.VANDAUA DR ` ,lLONA liN'... +� S I6 9- 0 0Twl : RDRSETTA PIEORABUNCA .,,, , Wo % •oo' i'•(ba , OR 4, ADR - =f'.F Cp E 5 � /,. uyQcc q i EMERGENCY lif t, v•9 � M/slLf DR EaD I, ,_ �,fie` CRRAL T PQNTOp �/��J 9 .,Ss MIRAGE POINT 6 1 SNRih j LOnS LN CN��Y DR ` AL RIDGE DR Q f : (RELEASE 4) :10 „ . 5 ('..... 7` 1 J} IRONwooO �M1' 'r DR 1 � i Sa a L ^r`,■ {Y l +D� ` _ _—uuPu• R- ta.,.v R _�il� a� ffp/ wAY OR °R CNAMA ,sr A .9 '111/ I I PUERTO DEL UGO �? Da •44ims ' LLrvAN .,44 X l (RELEASED 6/98 o410,... o :'1 �c i d9 �`ir�w ?'N+cA a Wx;3PPLOMINO YN,_ OCO 0 DR�. ,.4.''?/S� RS$ nai3?'VJ � � 'W t � IAi.14 01s 4 - a �� 81R� PHEASANT OJA • /.,�Nelig, / � ■ No, dr 22 e!,Yg6q�, Cr' aE 5 • N�V; c�g '' ` • G r y1 �..ti 4 BLVO �-y? r fRCG • OA 1 KINGSIREE ft, 'a,• s +, �` �Ysq.. q A ,41or q Cak Y s �� ��l •• a I e (N OE, q DR , ! �k'�KEkS 6 4 \ 1 O,R � �Pi WAY ��+ T£ OP two, PAr S t UTRE SE?)FOUNTAINS �`~' a � SHE A i .. ?!j,°N� ��,�, FAIR r 3 (RELEASE?) r .• I 1 Us =`.. k I '{ PEAK ORALfit I I Q� J�y 4)4 F1 v 1 '�.{�•Y S� A � �I • z 4CF/NIACV Pkky ;' ; fro 0�' 1 - DR R Z W• 4:2 letFil i • ,, TERRA 28 27 ALLEY 11 GR ■ SUNRISE POINT 74A �' 3`• 4.smoGSrTDNE g Am'I1 ���a Was' ��, E (CONTRIBUTION) % • v/ Iiiii" .p� DNtE, rr cATI VPk ql . stp. , Pur 705 Cr, 'As WNT w I 1\„olgr DR LAST 1 TRAIL • - * LOOKOUT LEO(I ��BANK OF AMERICA / 0 0.5 1.0 cili) (COMMITMENT LETTERS PUT 704 ��V CONTINGENT FUTURE) SCALE OF MILES NORTH FIRER0 (RESORT CAMAS Town of Fountain Hills Caw Memorandum DATE: November 25, 1998 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director�� THROUGH: Paul L. Nordin,Town Manager SUBJECT: SunRidge Canyon Park and Trails When the Town Council approved the SunRidge Canyon Area Specific Plan(SRCASP),the Town committed to take ownership of a five-acre park site on the northeast corner of Sunridge Drive and Desert Canyon Drive(Please see the attached map). The Town also committed to improve the park, which included the development of 2.5 acres of turf. Sunridge Canyon LLC, the developer of SunRidge Canyon, has informally requested over the last several years that the Town accept dedication of the park site. To date Town staff has postponed the acceptance of the park site due to staffs desire to time the acceptance of this land in order to coordinate it with a Heritage Fund application that, if approved, would assist the Town in the development of the Park. The development of this Park has been and is currently a lower priority in the Town's park development plans. This prioritization is due to the fact that: • The park site's topography is hilly and would be expensive to develop. • The general consensus of the neighboring property owners is that they would prefer to keep the park site in its natural,undisturbed state. • The park site is relatively close to Golden Eagle Park. • Residents of SunRidge Canyon would continue to utilize park facilities at Golden Eagle Park even if this park were developed. Subdivision development activities in SunRidge Canyon are nearly complete. Sunridge Canyon LLC has recently requested that the Town accept dedication of the park site. It is staff's understanding that the developer is willing to waive the requirement that the Town develop the park as noted in the SRCASP. More specifically, the Town will not be required to make any improvements to the park site unless the Town alone deems it necessary or desirable. In a related matter, Sunridge Canyon LLC has requested that it not be required to construct two trails within the development. These trails would otherwise be developed as a part of the subdivision improvements to the SunRidge Canyon Parcel "E", "K", "I" and"D-North" Subdivisions. The first trail would link the Parcel"K" subdivision, which is gated, with the Parcel "I" subdivision. The second trail would connect the Parcel "D-North" subdivision with the private North Heights Park and Sierra Madre Drive, west of the Parcel "E" subdivision (Please see the Exhibit"A" on the Warranty Deed, attached). The Town would still require easements to cow allow the Town to develop these trails in the future,if it so desires. Lie Staff recommends that the Town accept dedication of the five-acre Sunridge Canyon Park, and also recommends approval of the developer's request to not develop these two trails, as described above. Staff further recommends that: 1. The deed transferring title of the park to the Town shall not be recorded until the Town is in receipt of a letter from both Sunridge Canyon LLC and the Sunridge Canyon Property Owners Association agreeing that the Town is under no obligation to make any improvements to the Sunridge Canyon Park site. 2. The deed transferring title of the park to the Town shall not be recorded until the Town is in receipt of a letter from Sunridge Canyon LLC or the current property owner(s)conveying a Trails and Public Access Easement within the Sunridge Canyon Parcel "E", "K", "I" and"D- North"Subdivisions, and across a golf course parcel, so that the Town will have the ability, in the future if it so desires, to build and have public access on the trails that the developer is no longer required to build. 3. The deed transferring title of the park to the Town shall not be recorded until Sunridge Canyon LLC provides an accurate legal description of the park site. The legal description for the park that is included in this packet describes the park site as extending to the centerline of both Sunridge and Desert Canyon Drives. L L • ��a, • NORTH ��• �� tt rr_ pF1L t'aIST(Zu 11 ~' 1 I EUE,sIc Tom[[lJ!�f.,[.Vt-. LI7N.\ ........... • off v TILS — 7----T ___________/.-- .N. . .: • I / • • • 1 '"•...,,,.......C/1 ..- ` j/ . 1 , J • `_ 'P6 t` PARK s Acrtes! �I '� , — r -- W w.W.E..v.. �p 0\...... . , I: -- Y J r.l nnl%un-n - Jfr • • lc -f•`• F ' / , • • ./ .,.' *97- . C(s _,._.). i : • 4444444 • t♦ - T 9 L.) '. • , .01140111111Thill .. . , . __ ii.'1. leo / I S I ,I • II 11, Ni ■ .E 21 �11u1�{. T 4* • When Recorded Return to: Town of Fountain Hills Engineering Department 16836 East Palisades Boulevard, Building C. P.O. Box 17958 Fountain Hills, Arizona 85269 SPECIAL WARRANTY DEED GRANTOR SUNCOR DEVELOPMENT COMPANY GRANTEE: THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation FOR THE CONSIDERATION OF Ten Dollars($10.00)and other valuable considerations, Grantor hereby conveys to Grantee the following real property situated in Maricopa County,Arizona, together with all improvements thereon and all rights and privileges appurtenant thereto the property consists of a portion of Parcel 12,of SunRidge Canyon,Fountain Hills,Arizona; MCR Book 406, Page 23 (95-0688976). See Exhibit "A" (attached hereto and incorporated herein)for the legal description of the property,and Exhibit "B" (attached hereto and incorporated herein)for a graphic representation of the physical location of the property. EXCEPT all oil, gases and other hydrocarbon substances,coal, stone metals, minerals, fossils and fertilizers of every name and description, together with all uranium, thorium, or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials, whether or not of commercial value; and EXCEPT all underground water in, under or flowing through the Property and water rights appurtenant thereto; SUBJECT TO all taxes and other assessments, reservations, patents,easements,covenants,conditions, restrictions, reservations, rights,rights-of-way,obligations and liabilities that may appear of record,rights or claims of parties in possession and easements or claims of easements not shown by the public records; encroachments,roadways,overlaps,conflicts in boundary line, shortages in area and other matters which would be disclosed by a survey or inspection of the Property;unpatented mining claims; and all Federal, State,County, District and local laws, ordinances, regulations, zoning codes and the like as the same now exist and as may hereafter be established or amended. Grantor hereby binds itself and its successors to warrant and defend the title as against all acts of Grantor herein and none other,subject to the matters above set forth. L L DATED this day of , 1998. By: Duane Black, Vice-President Suncor Development Company STATE OF ARIZONA ) ) § COUNTY OF MARICOPA ) This instrument was acknowledged before me on the day of 1998, by Duane Black, Vice President of Suncor Development, on behalf of SunRidge Canyon, L.L.C. NOTARY SEAL Notary Public in and for the State of Arizona My Commission Expires: L "144-. - !�.,�� :,_,,.:. •;. ;t b r'15 1994 ,.:, ZONING LEGAL DESCRIPTION SUNRIDGE CANYON PARK SITE That part of Sections 8 and 9, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: Commencing at the Southeast Corner of said Section 9; Thence South 89°48'38" West, along the South line of the Southeast Quarter of said Section 9, a distance of 1,492.03 feet to a point on the Northerly right-of-way line of "Palisades Boulevard", as shown on the "Fountain Hills Arizona Final Plat No. 601-B", as recorded in Book 166 of Maps, Page 31 and "Fountain Hills Arizona Final Plat No. 601-D", as recorded in Book 339 of Maps, Page 29, Maricopa County Records; Thence, along the Northerly right-of-way line of "Palisades Boulevard", the following courses: Thence North 45°55'23" East, a distance of 782.01 feet to the beginning of a tangent curve of 1,055.00 foot radius, concave Southeasterly; Thence Northeasterly, along said curve, through a central angle of 13°32'22", a distance of 249.31 feet; Thence North 59°27'45" East, a distance of 325.07 feet to the beginning of a tangent curve of 20.00 foot radius, concave Westerly; Thence Northeasterly, along said curve, through a central angle of 89°57'18", a distance of 31.40 feet to a point on the Westerly right-of-way line of "Golden Eagle Boulevard"; Thence along the Westerly right-of-way line of said "Golden Eagle Boulevard" the following courses: Thence North 30°29'33" West, a distance of 201.97 feet to the beginning of a tangent curve of 651.00 foot radius, concave Northeasterly; Thence Northwesterly, along said curve, through a central angle of 35°06'16", a distance of 398.86 feet; Thence North 04°36'43" East, a distance of 283.80 feet to the beginning of a tangent curve of 749.00 foot radius, concave Southwesterly; Thence Northwesterly, along said curve, through a central angle of 31°11'14", a distance of 407.70 feet; Thence North 26°34'31" West, a distance of 716.07 feet to the beginning of a tangent curve of 851.00 foot radius, concave Northeasterly; QAS000QTUDMIM2-09ILG.WPS Attachment "A" [IL • .��-, � Zoning Legal Description L, SunRidge Canyon - Park Site November 15, 1994 Page 2 of 3 le '51", a ce of Thence Northwesterly, aloa g 50said 0.00cfoot grad us gh a central non-tangent ugrve of whose3center bears�North 70.27 feet to a point on a 5 21°50'40" West; Thence Southwesterly, departing said Westerly right-of-way line, along said curve, through a central angle of 28°03'38", a distance of 244.87 feet; Thence North 83°47'02" West, a distance of 151.65 feet to the beginning of a tangent curve of 970.00 foot radius, concave Southeasterly; Thence Southwesterly, along said curve, through a central angle of 50°20'10", a distance of 852.18 feet; Thence South 45°52'48" West, a distance of 175.99 feet to the beginning of a tangent curve of 990.00 foot radius, concave Southeasterly; Thence Southwesterly, along said curve, through a central angle of 28°04'44", a distance of 485.17 feet; Thence South 17°48'04" West, a distance of 449.68 feet to the beginning of a tangent curve of 550.00 foot radius, concave Northwesterly; Thence Southwesterly, along said curve, through a central angle of 65°10'32", a distance of 625.64 feet; Thence South 82°58'36" West, a distance of 150.00 feet to the beginning of a tangent curve of 500.00 foot radius, concave Southeasterly; Thence Southwesterly, along said curve, through a central angle of 34°34'15", a distance of 301.69 feet; Thence South 48°24'21" West, a distance of 150.06 feet to the beginning of a tangent curve of 550.00 foot radius, concave Northwesterly; Thence Southwesterly, along said curve, through a central angle of 63°09'20", a distance of 606.25 feet; Thence North 68°26'19" West, a distance of 412.26 feet to the beginning of a tangent curve of 500.00 foot radius, concave Southwesterly; Thence Northwesterly, along said curve, through a central angle of 10°10'25", a distance of 88.78 feet; Q:\SCO3a21ADMIM2-091LC.WP5 Attachment "A V s r��3. EXHIBIT " B" soli- r' SUNRIDGE CANYON PARK 4 ,/ DEDICATION AREA 1147•2 3J42 / I 3f II /'�i ! 3' I I 1 O " p>cati40/ I 77?.,96ta ``\N l I fR4-f'B S 0 CD c ---------- _.noilinw ` TOCURVE TABLE NO. DELTA RAD LENGTH 04 C1 24'24'56" 535.00' 227.98 '‘ \01 '‘, 1, 1, 10 C2 25'38'28" 700.00' 313.27' C3 01'25'29" 500.00' 12.43' r LINE TABLE \ NO. BEARING LENGTH \ L1 N72'31'26"E 367.93' > L2 S52'14'20"E 72.72' y <� L3 S68'04'39"E 295.04 \ L4 507'54'05"W 312.87' 43 L5 S73'29'12"W 151.90' L6 N16'30'48"W 23.89 L7 N42'09'16"W 150.00' C3 (> PARCEL 12 .5.00 ac.1 (4.24 ac. TO ROW) �'� It PARCEL F , : _ ".._ DEVELOPMENT AREA C1 011* `•A • R� iR.CT'C' .470,WV: , 1 � so 6 ,,. , veit, i SCALE: 1"= 80' ' DATE: 11-25-98 ;r I 37 Market:Phoenix • Site Number:PH 11501 H Site Name: Fountain Hills-Flagpole L OPTION AND SITE LEASE AGREEMENT THIS OPTION AND SITE LEASE AGREEMENT (this "Agreement") is entered into this day of , 1998 (" Date of Agreement"), by and between the Town of Fountain Hills, an Arizona municipal corporation ("Lessor") whose address is 16836 East Palisades, PO Box 17958, Fountain Hills, Arizona 85269 and Western PCS III Corporation, a Delaware corporation ("Lessee") whose address is Attn: PCS Lease Administration, 3650 131st Avenue, SE, Suite 400, Bellevue, Washington 98006. WHEREAS, Lessor is the owner of certain real property as more particularly described in Exhibit A (the "Property'), attached hereto and incorporated herein by this reference; and WHEREAS, Lessee desires to obtain an option on the Property for the purpose of occupying and installing a Communications Facility as more specifically set forth below. NOW THEREFORE, Lessor and Lessee agree as follows: 1. Consideration. Lessor for and in consideration of Seven Hundred Fifty and no/100 Dollars ($750.00), the receipt whereof is hereby acknowledged, does hereby grant and convey unto Lessee, its successors, assigns, and agents an option to lease a portion of the Property for the Permitted Use as set forth in paragraph 3 below. Payment of amount specified will be conveyed to Lessor with an executed copy of this Agreement. 2. Option. The option to lease Lessor's Property may be exercised by Lessee at any time within the first eighteen (18) months of the Date of Agreement ("Option period") by providing Lessor with written notice of Lessee's intent. Lessor agrees that Lessee may extend the Option Period by six (6) additional months by providing Lessor with written notice prior to the expiration of the original Option Period and by paying Lessor, at the time Lessee requests the extension an additional sum of Seven Hundred Fifty and no/100 Dollars ($750.00). 3. Permitted Use. The location on lessor's Property which Lessee is occupying and installing its facility shall be referred to as the "Premises". The approximate location of the Premises is set forth in Exhibit B, attached hereto and incorporated herein by this reference. (a) Lessee shall have the right, at its expense, to install construct, reconstruct and maintain on the Premises a communication facility including, without limitation, radio and other communication transmitting and receiving antennas, support mounts, towers, poles, cables, equipment, equipment storage structures and other improvements relating thereto (collectively the "Communications Facility"). The Communications Facility is described in greater detail in Exhibit C, attached hereto and incorporated herein by reference. Lessee shall have the right to relocate the Communications Facility on the Property at any time during the term of this Agreement - so long as said relocation is made with prior written consent of Lessor, which consent shall not be unreasonably conditioned, delayed or withheld. H 11501H 11/17/98 4:19 PM (b) Lessee shall be entitled to reasonable access to the Premises twenty-four (24) hours a day, seven (7) days per week, and shall have all additional rights of access, ingress and egress to and from the Premises, provided however, except in the case of an emergency, Lessee shall notify Lessor in advance of Lessee's proposed construction or repair activities to be performed on the Premises in order to coordinate said activities with Lessor's operations. (c) Lessee shall pay any incremental additional utility charges for the Premises incurred as a result of Lessee's Permitted Use. Lessee shall have a right, at its expense, to install or improve utilities within or on the Property to service the Communications Facility. As partial consideration for Rent paid under this Lease, Lessor hereby grants Lessee and Lessee's agents, employees or contractors, an easement ("Easement") for ingress, egress, and access (including access for the purposes described in this Section) to the Property adequate to install and maintain utilities, which include, but are not limited to the installation of underground power and telephone service cable, and to service the Premises and the Communications Facility at all times during the term of this Lease or any Renewal Term. (d) Lessee shall provide Lessor with construction drawings, including color of paint to be used on the monopole, if any, and obtain Lessor's prior written consent, which shall not be unreasonably conditioned, delayed or withheld, before proceeding with the installation of the Communications Facility. (e) Lessee's construction shall be in conformance with all applicable Town of Fountain Hills Codes and provide adequate landscaping for the Premises. Lessee shall not install lighting at the top of the monopole unless such lighting is required by the Federal Aviation Administration. (f) The Communication Facility constructed pursuant to this Agreement shall be a stealth application to blend into the surrounding landscape and vegetation. Specifically, the equipment, equipment storage structure and all related devices shall be completely screened from view from Shea Boulevard and camouflaged so as to completely conceal its purpose. Likewise, any tower constructed on the Premises shall be an "Alternative Tower Structure" as defined in the Town of Fountain Hills Zoning Ordinance, Section 17.02, designed to appear as a flagpole, as presented by the Lessee. Failure by Lessee to use a stealth application on any portion of the Communications Facility shall be considered a material breach of this Agreement. 4. Term. This Agreement shall be for a term of five (5) years ("Lease Term"). The Agreement shall commence with respect to the Property on the date that the Lessee places its written notice to Lessor in the mailbox, return receipt requested, of its intent to execute its right to lease the Property. Lessee shall have a right to renew the Agreement for two (2) additional five (5) year terms ("Renewal Term"). PH 11501 H 11/17/98 4:21 PM 2 5. Rent. (a) Each month during the initial Lease Term Lessee shall pay Seven Hundred Fifty and no/100 Dollars ($750.00) ("Lease Payment") to Lessor as "Rent". Said Rent shall be payable in advance to Lessor on or before the first day of each calendar month. Each additional Lease Renewal Term shall be paid as follows: Renewal Term 1 - Year 6 - 10 $825.00/Month Renewal Term 2 - Year 11 - 15 $908.00/Month (b) Lessee shall pay, as additional rent, any transaction privilege tax, use tax or increase in real property taxes assessed against Lessor by virtue of this Agreement and Lessor agrees to furnish proof of such increase to Lessee. 6. Due Diligence. During the Option Period and any option extension, Lessee, its agents, engineers, contractors shall have the right to enter upon Lessor's Property to inspect, examine, sample and conduct all engineering tests or studies of the Premises, to apply for and obtain all licenses and permits required for the Lessee's Permitted Use from all applicable governmental or regulatory entities, and otherwise do those things on the Premises that, in the opinion of Lessee, are necessary to determine the physical condition of the Premises, Lessor's title to the Premises and the feasibility or suitability of the Premises for Lessee's Permitted Use, all at Lessee's expense. Lessee shall not be liable to Lessor or any third party on account of any pre- existing defect or condition on or with respect to the Premises, whether or not such defect or condition is disclosed by Lessee's inspection, although Lessee shall be responsible for any damage, loss or destruction to the Premises as a result of the actions of its employees, representatives or agents during the due diligence activities. 7. Interference. (a) Lessee shall not use the Premises in any way that interferes with the existing use by (i) Lessor or (ii) tenants or licensees of Lessor holding rights to the Premises on the date of this Agreement ("Existing Tenants"). (b) Lessor warrants to Lessee the use and quiet enjoyment of the Premises. Lessor agrees that it shall not use, nor shall it permit its tenants, Lessees, employees invitees or agents to use, any portion of the Property in any way which would interfere with the operations of Lessee, provided that continued use by Lessor or Existing Tenants in the same manner as existed at the time the Lease was executed shall not constitute interference with Lessee's operations. 8. Environmental Matters. (a) Lessee will be solely responsible for and will defend, indemnify and hold Lessor, its agents, employees and elected officials harmless from and against any and all direct claims, costs and liabilities including reasonable attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with the Lessee's use of %sr Hazardous Materials (as defined in attached Exhibit D). PH 11501 H 11/17/98 4:19 PM 3 (b) Lessor will be solely responsible for and will defend, indemnify, and hold Lessee, its agents, employees and elected officials harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Lessee. (c) "Hazardous Materials" means asbestos or any hazardous substance, waste or materials as defined in any federal, state, or local environmental or safety law or regulations including, but nor limited to, CERCLA. (d) The obligations of this Section Eight shall survive the expiration or other termination of this Agreement. 9. Insurance and Indemnification. Lessee shall maintain at its expense commercial general liability insurance covering actions by Lessee providing for a limit of not less than $1,000,000.00, bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death of all persons and for damages to or destruction of property, including the loss of use thereof. Coverage shall include independent contractor's protection, premises-operations, products completed operations and contractual liability with respect to the liability assumed by Lessee hereunder. Lessor and Lessee shall look solely to insurance for loss due to any damage which is covered by insurance and neither company's insurance company shall be subrogated to a claim against the other party. In the event Lessee is self-insured, Lessee shall supply Lessor with a certificate of self-insurance which complies with the policy limitations set forth above. Each party shall indemnify and defend the other against loss from their negligent acts and that negligent act of their employees, agents and invitees. 10. Assignment and Subleasing. (a) Upon Lessor's written consent, which shall not be unreasonably withheld, Lessee may assign this Lease, in part or in whole, including its right to renew, to any person or business entity which is licensed by the Federal Communications Commission. (b) Lessee may sublet and assign this Lease, or portion thereof, and its other rights hereunder to any person or business entity which is a parent, subsidiary or affiliate of Lessee or to any person or entity that acquires Lessee's radio communications business without Lessor's consent. (c) Upon notification to Lessor of any assignment, Lessee shall be relieved of all performance, liabilities and obligations under this Option and Site Lease Agreement. (d) Lessee agrees to support the Town of Fountain Hills' interest in having wireless communication providers co-locate their antennas, on either new or existing structures, and will cooperate with third party communications users in accordance with the provisions of this Section 10(d). In the event Lessor elects to permit another communications user the right to use PH 11501 H 11/17/98 4:19 PM 4 Lessor's Property, Lessor agrees to notify Lessee thirty (30) days prior to the issuance of such authority for the purpose of determining whether the third party communications user will interfere with Lessee's use or intended use of the Premises. Should Lessee notify Lessor in writing that the third party communications user will interfere with Lessee's operations, then Lessor agrees not to permit the third party communications user the right to use the Premises. Lessee's consent shall not be unreasonably withheld. (e) Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Agreement and Lessee's Communications Facility, and may assign this Lease and Lessee's Communications Facility to any mortgagees, deed of trust beneficiaries or holders of security interests, including their successors or assigns, thereinafter collectively referred to as "Mortgagees" and individually as a "Mortgagee" provided such Mortgagees agree to be bound by the terms and provisions of this Agreement and further provided that Lessee shall furnish Lessor with written notice of same within ten (10) days of any such transaction. In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee or to remove any property of Lessee or Mortgagee located on the Premises All such notices to Mortgagee shall be sent to Mortgagee at the address specified by Lessee upon entering into a financing agreement. Failure by Lessor to give Mortgagee such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights Mortgagee to cure any default and to remove any property of Lessee or Mortgagee located in the Premises. 11. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communications Facility or any portion thereof which shall be deemed personal property for the purposes of this Agreement, regardless of whether or not the same is deemed real or personal property under applicable laws, and Lessor gives Lessee and Mortgagee the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Lessee's and/or Mortgagee's sole discretion and without Lessor's consent. 12. Termination. This Option and Site Lease Agreement may be terminated as follows: (a) By Lessor if Lessee fails to cure a default for payment of amounts due hereunder within thirty (30) days after Lessee's receipt of written notice of default from Lessor. (b) By the non-defaulting party if the other party defaults (other than a default described in section 12(a) above) and fails to cure such default within sixty (60) days after written notice of such default is received by the defaulting party from the non-defaulting party; provided, however, that if such default is capable of being cured, the Lease may not be terminated so long as the defaulting party commences appropriate curative action within such sixty (60) day period and thereafter diligently prosecutes such cure to completion as promptly as possible; (c) By Lessee upon sixty (60) days prior written notice for any reason. PH 11501 H 11/17/98 4:19 PM 5 13. Successors and Assigns. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 14. Representations and Warranties. Each party covenants and warrants to the other that: (i) it has full right, power and authority to execute this Option and Site Lease Agreement and has the power to grant all rights hereunder; (ii) its execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease or other agreement binding on said party, and (iii) the execution and delivery of this Agreement, and the performance of its obligations hereunder, have been duly authorized by all necessary personnel or corporate officers and do not violate any provisions of law or the party's certificate of incorporation or bylaws or any other arrangement, provision of law or court order or decree. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, or mailed by certified mail, return receipt requested, to the following addresses: If to Lessor, to: If to Lessee, to: Town of Fountain Hills Western PCS III Corporation Attn: Town Manager Attn: PCS Lease Administration 16836 East Palisades 3650 131st Avenue, SE, Suite 400 PO Box 17958 Bellevue, WA 98006 Fountain Hills, AZ 85269 Phone:(425) 586-8700 Phone: (602) 816-5108 Fax: (425) 586-8040 Fax: (602) 837-3145 With a copy to: Western PCS III Corporation Attn: Legal Department 3650 131st Avenue SE, Suite 400 Bellevue, WA 98006 Phone: (425) 586-8700 Fax: (425) 586-8090 16. Miscellaneous. (a) This Option and Site Lease Agreement shall constitute the entire agreement and understanding of the parties with respect to the property that is the subject matter thereof and supersedes all offers, negotiations and other agreements with respect thereto. There are no PH 11501 H 11/17/98 4:19 PM 6 x representations or understandings of any kind not set forth herein. Any amendment to this Law' Agreement must be in writing and executed by both parties. (b) Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the State of Arizona. There shall be no discovery other than the exchange of information which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. The arbitrator shall have authority to award the substantially prevailing party its reasonable attorneys' fees and costs, including appeals, if any. (c) Either party hereto that is represented in this transaction by a broker, agent or commission salesperson (a "Representative") shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such Representative, and shall indemnify and hold the other party harmless from and against any claim to a fee, commission or other compensation asserted by such Representative, including reasonable attorneys' fees and costs incurred in defending such claim (d) If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. (e) By executing this Agreement, the parties are not establishing any joint undertaking, joint venture or partnership. Each party shall be deemed an independent contractor and shall act solely for its own account (f) Lessee agrees within sixty (60) days after the expiration or termination of this Agreement, to remove all Lessee's property and to restore the Premises to its original condition, excepting normal wear and tear. (g) Pursuant to the provisions of A.R.S. 38-511, the Lessor may cancel any contract or agreement without penalty or obligation, if any person significantly involved in initiating, negotiating, securing; drafting or creating the contract on behalf of the Lessor is at any time while the contract or any extension thereof is in effect the employee of any other party to the contract in any capacity or an Architect to any other party to the contract with respect to the subject matter of the contract (h) This Agreement shall be governed and interpreted according to the laws of the State of Arizona. (i) The parties understand and acknowledge that all Exhibits may be attached to this Lease in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, these preliminary exhibits may be replaced by Tenant with such final, Low- PH 11501 H 11/17/98 4:19 PM 7 more complete exhibits, subject to the approval of the Community Development Director of the Town of Fountain Hills. LESSOR: LESSEE: TOWN OF FOUNTAIN HILLS WESTERN PCS III CORPORATION By: Sharon Morgan, Mayor Its: ATTEST: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM L William E. Farrell,Town Attorney L PH 11501 H 11/17/98 4:19 PM 8 STATE OF ARIZONA ) ) ss: COUNTY OF MARICOPA ) On this day of , 1998, before me personally appeared Sharon Morgan, known to me to be the Major of the Town of Fountain Hills, an Arizona municipal corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed on behalf of said municipal corporation for the uses and purposes therein mentioned, and on oath, stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: (111w STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this day of , 1998, before me personally appeared , known to me to be the of Western PCS III Corporation, a Delaware corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be free and voluntary act and deed on behalf of said corporation for the uses and purposes therein mentioned, and on oath, stated that was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: PH 11501 H 11/17/98 4:19 PM 9 L EXHIBIT A Legal Description To the Option and Site Lease Agreement dated , 1998, between Town of Fountain Hills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. The Property is legally described as follows: LEGAL DESCRIPTION TO BE ADDED UPON COMPLETION OF SURVEY. PROPERTY IS LOCATED IN TOWN RIGHT OF WAY CONTAINING EAST ENTRY MONUMENT TO TOWN OF FOUNTAIN HILLS (APPROXIMATELY 600'WEST OF INTERSECTION OF SHEA BOULEVARD AND BEELINE HIGHWAY). L PH 11501H 11/24/98 5:38 PM 10 EXHIBIT B Premises Location Within the Property To the Option and Site Lease Agreement dated , 1998, between Town of Fountain Mills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. The location of the Premises (including easements) within the Property is more particularly described and depicted as follows: PRELIMINARY SKETCH Ur,i...r1 P•� �Le) —BLDG Uriury p/ASO.lhAV (S$'4/ A') P••L F Ekkh GA41.-3..1, l I I �°����✓4 NEW NArcibm c iCocrs w< 6,1)tR $ Sc.ud..1 CosS �t �,Fou.JrA,.J IIR44 AAA PoLe.. GA') ,`O/ sA r. E�/r�c�I MwunC.JT S1IEA 41.4 (klEsr. Boo.Jo) .S//EA gL✓1 ( FAS r PH 1 I501 H 11/24/98 5:39 PM 11 exercised, does hereby demise, convey, grant and let unto Lessee the Demised Premises upon the terms and subject to the conditions set forth in the Lease, a copy of which is being held by Lessor at its address stated above. EXECUTED as of the date, or later of the dates, set forth in the respective acknowledgments of the parties hereto. LESSOR: LESSEE: TOWN OF FOUNTAIN HILLS WESTERN PCS III CORPORATION By: Sharon Morgan, Mayor Its: A [EST: Cassie B. Hansen,Town Clerk L APPROVED AS TO FORM William E. Farrell, Town Attorney PH 11501 H 11/17/98 4:19 PM 16 STATE OF ARIZONA ) ) ss: COUNTY OF MARICOPA ) On this day of , 1998, before me personally appeared Sharon Morgan, known to me to be the Major of the Town of Fountain Hills, an Arizona municipal corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed on behalf of said municipal corporation for the uses and purposes therein mentioned, and on oath, stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: ,,. STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this day of , 1998, before me personally appeared , known to me to be the of Western PCS III Corporation, a Delaware corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be free and voluntary act and deed on behalf of said corporation for the uses and purposes therein mentioned, and on oath, stated that was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: L PH 11501 H 11/17/98 4:19 PM 17 EXHIBIT A to Memorandum of Lease Legal Description The Property is legally described as follows: L L PH 11501 H 11/17/98 4:19 PM 18 Market:Phoenix Site Number:PH 11503 1 Site Name: Fountain Hills--Saguaro L OPTION AND SITE LEASE AGREEMENT THIS OPTION AND SITE LEASE AGREEMENT (this "Agreement") is entered into this day of , 1998 (" Date of Agreement"), by and between the Town of Fountain Hills, an Arizona municipal corporation ("Lessor") whose address is 16836 East Palisades, PO Box 17958, Fountain Hills, Arizona 85269 and Western PCS III Corporation, a Delaware corporation ("Lessee") whose address is Attn: PCS Lease Administration, 3650 131st Avenue, SE, Suite 400, Bellevue, Washington 98006. WHEREAS, Lessor is the owner of certain real property as more particularly described in Exhibit A (the "Property'), attached hereto and incorporated herein by this reference; and WHEREAS, Lessee desires to obtain an option on the Property for the purpose of occupying and installing a Communications Facility as more specifically set forth below. NOW THEREFORE, Lessor and Lessee agree as follows: 1. Consideration. Lessor for and in consideration of Seven Hundred Fifty and no/100 Dollars ($750.00), the receipt whereof is hereby acknowledged, does hereby grant and convey unto Lessee, its successors, assigns, and agents an option to lease a portion of the Property for the Permitted Use as set forth in paragraph 3 below. Payment of amount specified will be conveyed to Lessor with an executed copy of this Agreement. 2. Option. The option to lease Lessor's Property may be exercised by Lessee at any time within the first eighteen (18) months of the Date of Agreement ("Option period") by providing Lessor with written notice of Lessee's intent. Lessor agrees that Lessee may extend the Option Period by six (6) additional months by providing Lessor with written notice prior to the expiration of the original Option Period and by paying Lessor, at the time Lessee requests the extension an additional sum of Seven Hundred Fifty and no/100 Dollars ($750.00). 3. Permitted Use. The location on lessor's Property which Lessee is occupying and installing its facility shall be referred to as the "Premises". The approximate location of the Premises is set forth in Exhibit B, attached hereto and incorporated herein by this reference. (a) Lessee shall have the right, at its expense, to install construct, reconstruct and maintain on the Premises a communication facility including, without limitation, radio and other communication transmitting and receiving antennas, support mounts, towers, poles, cables, equipment, equipment storage structures and other improvements relating thereto (collectively the "Communications Facility"). The Communications Facility is described in greater detail in Exhibit C, attached hereto and incorporated herein by reference. Lessee shall have the right to relocate the Communications Facility on the Property at any time during the term of this Agreement - so long as said relocation is made with prior written consent of Lessor, which consent shall not be unreasonably conditioned, delayed or withheld. PH 11503I 11/17/98 4:46 PM (b) Lessee shall be entitled to reasonable access to the Premises twenty-four (24) hours a day, seven (7) days per week, and shall have all additional rights of access, ingress and egress to and from the Premises, provided however, except in the case of an emergency, Lessee shall notify Lessor in advance of Lessee's proposed construction or repair activities to be performed on the Premises in order to coordinate said activities with Lessor's operations. (c) Lessee shall pay any incremental additional utility charges for the Premises incurred as a result of Lessee's Permitted Use. Lessee shall have a right, at its expense, to install or improve utilities within or on the Property to service the Communications Facility. As partial consideration for Rent paid under this Lease, Lessor hereby grants Lessee and Lessee's agents, employees or contractors, an easement ("Easement") for ingress, egress, and access (including access for the purposes described in this Section) to the Property adequate to install and maintain utilities, which include, but are not limited to the installation of underground power and telephone service cable, and to service the Premises and the Communications Facility at all times during the term of this Lease or any Renewal Term. (d) Lessee shall provide Lessor with construction drawings, including color of paint to be used on the monopole, if any, and obtain Lessor's prior written consent, which shall not be unreasonably conditioned, delayed or withheld, before proceeding with the installation of the Communications Facility. (e) Lessee's construction shall be in conformance with all applicable Town of Fountain Hills Codes and provide adequate landscaping for the Premises. Lessee shall not install lighting at the top of the monopole unless such lighting is required by the Federal Aviation Administration. (f) Following completion of construction of a tower on the Premises which has been erected by replacing an existing ballfield Light standard, the ballfield lights shall be re-set by a certified lighting specialist, the cost of which shall be done by Lessee. Such cost shall not exceed One Thousand and/no Dollars ($1,000.00). In addition, the light pole removed to facilitate installation of Lessee's Communications Facility shall remain the property of Lessor. 4. Term. This Agreement shall be for a term_of five (5) years ("Lease Term"). The Agreement shall commence with respect to the Property on the date that the Lessee places its written notice to Lessor in the mailbox, return receipt requested, of its intent to execute its right to lease the Property. Lessee shall have a right to renew the Agreement for two (2) additional five (5) year terms ("Renewal Term"). L PH 11503 1 11/17/98 4:46 PM 2 5. Rent. (a) Each month during the initial Lease Term Lessee shall pay Seven Hundred Fifty and no/100 Dollars ($750.00) ("Lease Payment") to Lessor as "Rent". Said Rent shall be payable in advance to Lessor on or before the first day of each calendar month. Each additional Lease Renewal Term shall be paid as follows: Renewal Term 1 - Year 6 - 10 $825.00/Month Renewal Term 2 - Year 11 - 15 $908.00/Month (b) Lessee shall pay, as additional rent, any transaction privilege tax, use tax or increase in real property taxes assessed against Lessor by virtue of this Agreement and Lessor agrees to furnish proof of such increase to Lessee. 6. Due Diligence. During the Option Period and any option extension, Lessee, its agents, engineers, contractors shall have the right to enter upon Lessor's Property to inspect, examine, sample and conduct all engineering tests or studies of the Premises, to apply for and obtain all licenses and permits required for the Lessee's Permitted Use from all applicable governmental or regulatory entities, and otherwise do those things on the Premises that, in the opinion of Lessee, are necessary to determine the physical condition of the Premises, Lessor's title to the Premises and the feasibility or suitability of the Premises for Lessee's Permitted Use, all at Lessee's expense. Lessee shall not be liable to Lessor or any third party on account of any pre- existing defect or condition on or with respect to the Premises, whether or not such defect or condition is disclosed by Lessee's inspection, although Lessee shall be responsible for any damage, loss or destruction to the Premises as a result of the actions of its employees, representatives or agents during the due diligence activities. 7. Interference. (a) Lessee shall not use the Premises in any way that interferes with the existing use by (i) Lessor or (ii) tenants or licensees of Lessor holding rights to the Premises on the date of this Agreement ("Existing Tenants"). (b) Lessor warrants to Lessee the use and quiet enjoyment of the Premises. Lessor agrees that it shall not use, nor shall it permit its tenants, Lessees, employees invitees or agents to use, any portion of the Property in any way which would interfere with the operations of Lessee, provided that continued use by Lessor or Existing Tenants in the same manner as existed at the time the Lease was executed shall not constitute interference with Lessee's operations. 8. Environmental Matters. (a) Lessee will be solely responsible for and will defend, indemnify and hold Lessor, its agents, employees and elected officials harmless from and against any and all direct claims, costs and liabilities including reasonable attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with the Lessee's use of Hazardous Materials (as defined in attached Exhibit D). PH 11503 1 1 1/17/98 4:46 PM 3 (b) Lessor will be solely responsible for and will defend, indemnify, and hold Lessee, its agents, employees and elected officials harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Lessee. (c) "Hazardous Materials" means asbestos or any hazardous substance, waste or materials as defined in any federal, state, or local environmental or safety law or regulations including, but nor limited to, CERCLA. (d) The obligations of this Section Eight shall survive the expiration or other termination of this Agreement. 9. Insurance and Indemnification. Lessee shall maintain at its expense commercial general liability insurance covering actions by Lessee providing for a limit of not less than $1,000,000.00, bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death of all persons and for damages to or destruction of property, including the loss of use thereof. Coverage shall include independent contractor's protection, premises-operations, products completed operations and contractual liability with respect to the liability assumed by Lessee hereunder. Lessor and Lessee shall look solely to insurance for loss due to any damage which is covered by insurance and neither company's insurance company shall be subrogated to a claim against the other party. In the event Lessee is self-insured, Lessee shall supply Lessor with a certificate of self-insurance which complies with the policy limitations set forth above. Each party shall indemnify and defend the other against loss from their negligent acts and that negligent act of their employees, agents and invitees. 10. Assignment and Subleasing. (a) Upon Lessor's written consent, which shall not be unreasonably withheld, Lessee may assign this Lease, in part or in whole, including its right to renew, to any person or business entity which is licensed by the Federal Communications Commission. (b) Lessee may sublet and assign this Lease, or portion thereof, and its other rights hereunder to any person or business entity which is a parent, subsidiary or affiliate of Lessee or to any person or entity that acquires Lessee's radio communications business without Lessor's consent. (c) Upon notification to Lessor of any assignment, Lessee shall be relieved of all performance, liabilities and obligations under this Option and Site Lease Agreement. (d) Lessee agrees to support the Town of Fountain Hills' interest in having wireless communication providers co-locate their antennas, on either new or existing structures, and will cooperate with third party communications users in accordance with the provisions of this Section 10(d). In the event Lessor elects to permit another communications user the right to use PH 11503 I 11/17/98 4:46 PM 4 Lessor's Property, Lessor agrees to notify Lessee thirty (30) days prior to the issuance of such authority for the purpose of determining whether the third party communications user will interfere with Lessee's use or intended use of the Premises. Should Lessee notify Lessor in writing that the third party communications user will interfere with Lessee's operations, then Lessor agrees not to permit the third party communications user the right to use the Premises. Lessee's consent shall not be unreasonably withheld. (e) Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Agreement and Lessee's Communications Facility, and may assign this Lease and Lessee's Communications Facility to any mortgagees, deed of trust beneficiaries or holders of security interests, including their successors or assigns, thereinafter collectively referred to as "Mortgagees" and individually as a "Mortgagee" provided such Mortgagees agree to be bound by the terms and provisions of this Agreement and further provided that Lessee shall furnish Lessor with written notice of same within ten (10) days of any such transaction. In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee or to remove any property of Lessee or Mortgagee located on the Premises All such notices to Mortgagee shall be sent to Mortgagee at the address specified by Lessee upon entering into a financing agreement. Failure by Lessor to give Mortgagee such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights Mortgagee to cure any default and to remove any property of Lessee or Mortgagee located.in the Premises. 11. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communications Facility or any portion thereof which shall be deemed personal property for the purposes of this Agreement, regardless of whether or not the same is deemed real or personal property under applicable laws, and Lessor gives Lessee and Mortgagee the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Lessee's and/or Mortgagee's sole discretion and without Lessor's consent. 12. Termination. This Option and Site Lease Agreement may be terminated as follows: (a) By Lessor if Lessee fails to cure a default for payment of amounts due hereunder within thirty (30) days after Lessee's receipt of written notice of default from Lessor. (b) By the non-defaulting party if the other party defaults (other than a default described in section 12(a) above) and fails to cure such default within sixty (60) days after written notice of such default is received by the defaulting party from the non-defaulting party; provided, however, that if such default is capable of being cured, the Lease may not be terminated so long as the defaulting party commences appropriate curative action within such sixty (60) day period and thereafter diligently prosecutes such cure to completion as promptly as possible; (c) By Lessee upon sixty (60) days prior written notice for any reason. L PH 11503 1 1 1/17/98 4:46 PM 5 13. Successors and Assigns. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 14. Representations and Warranties. Each party covenants and warrants to the other that: (i) it has full right, power and authority to execute this Option and Site Lease Agreement and has the power to grant all rights hereunder; (ii) its execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease or other agreement binding on said party, and (iii) the execution and delivery of this Agreement, and the performance of its obligations hereunder, have been duly authorized by all necessary personnel or corporate officers and do not violate any provisions of law or the party's certificate of incorporation or bylaws or any other arrangement, provision of law or court order or decree. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, or mailed by certified mail, return receipt requested, to the following addresses: If to Lessor, to: If to Lessee, to: Town of Fountain Hills Western PCS III Corporation Attn: Town Manager Attn: PCS Lease Administration 16836 East Palisades 3650 131st Avenue, SE, Suite 400 PO Box 17958 Bellevue, WA 98006 Fountain Hills, AZ 85269 Phone:(425) 586-8700 Phone: (602) 816-5108 Fax: (425) 586-8040 Fax: (602) 837-3145 With a copy to: Western PCS III Corporation Attn: Legal Department 3650 131st Avenue SE, Suite 400 Bellevue, WA 98006 Phone: (425) 586-8700 Fax: (425) 586-8090 16. Miscellaneous. (a) This Option and Site Lease Agreement shall constitute the entire agreement and understanding of the parties with respect to the property that is the subject matter thereof and supersedes all offers, negotiations and other agreements with respect thereto. There are no PH 11503 1 1 1/17/98 4:46 PM 6 L representations or understandings of any kind not set forth herein. Any amendment to this Agreement must be in writing and executed by both parties. (b) Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the State of Arizona. There shall be no discovery other than the exchange of information which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. The arbitrator shall have authority to award the substantially prevailing party its reasonable attorneys' fees and costs, including appeals, if any. (c) Either party hereto that is represented in this transaction by a broker, agent or commission salesperson (a "Representative") shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such Representative, and shall indemnify and hold the other party harmless from and against any claim to a fee, commission or other compensation asserted by such Representative, including reasonable attorneys' fees and costs incurred in defending such claim (d) If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. (e) By executing this Agreement, the parties are not establishing any joint undertaking, joint venture or partnership. Each party shall be deemed an independent contractor and shall act solely for its own account (f) Lessee agrees within sixty (60) days after the expiration or termination of this Agreement, to remove all Lessee's property and to restore the Premises to its original condition, excepting normal wear and tear. (g) Pursuant to the provisions of A.R.S. 38-511, the Lessor may cancel any contract or agreement without penalty or obligation, if any person significantly involved in initiating, negotiating, securing; drafting or creating the contract on behalf of the Lessor is at any time while the contract or any extension thereof is in effect the employee of any other party to the contract in any capacity or an Architect to any other party to the contract with respect to the subject matter of the contract (h) This Agreement shall be governed and interpreted according to the laws of the State of Arizona. (i) The parties understand and acknowledge that all Exhibits may be attached to this Lease in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, these preliminary exhibits may be replaced by Tenant with such final, PH 11503 111/17/98 4:46 PM 7 more complete exhibits, subject to the approval of the Community Development Director of the �r Town of Fountain Hills. LESSOR: LESSEE: TOWN OF FOUNTAIN HILLS WESTERN PCS III CORPORATION By: Sharon Morgan, Mayor Its: ATTEST: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM L William E. Farrell, Town Attorney L PH 11503 1 1 1/17/98 4:46 PM 8 STATE OF ARIZONA ) Niw ) ss: COUNTY OF MARICOPA ) On this day of , 1998, before me personally appeared Sharon Morgan, known to me to be the Major of the Town of Fountain Hills, an Arizona municipal corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed on behalf of said municipal corporation for the uses and purposes therein mentioned, and on oath, stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this day of , 1998, before me personally appeared , known to me to be the of Western PCS III Corporation, a Delaware corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be free and voluntary act and deed on behalf of said corporation for the uses and purposes therein mentioned, and on oath, stated that was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: L PH 11503 I 11/17/98 4:46 PM 9 L EXHIBIT A Legal Description To the Option and Site Lease Agreement dated , 1998, between Town of Fountain fills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. The Property is legally described as follows: LEGAL DESCRIPTION TO BE ADDED UPON COMPLETION OF SURVEY. PROPERTY IS LOCATED IN TOWN RIGHT OF WAY ALONG THE NORTHSIDE OF SHEA BOULEVARD ON TOP OF A KNOLL APPROXIMATELY .4 MILES EAST OF PALISADES BOULEVARD AND .525 MILES WEST OF FOUNTAIN HILLS BOULEVARD. (THE PROPERTY IS APPROXIMATELY 1050 FT. WEST OF THE ENTRY DRIVE TO THE CHAPARRAL WATER COMPANY TANK). PH 11503 1 11/24/98 5:50 PM 10 EXHIBIT B Premises Location Within the Property To the Option and Site Lease Agreement dated , 1998, between Town of Fountain Hills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. The location of the Premises (including easements) within the Property is more particularly described and depicted as follows: PRELIMINARY SKETCH REJoEJn�� DEVt�•/ME„/T' 'I Ab47-/vg. DSc.t r AC�A No t.JAS A, A<E A -Tel- P40 Aox a S� en GA63_ Q� STEA.SiI SAG.✓AAo C•V(') E SAP FoM/EA p sg Po 0404, 0 30' T. 6Ast OF..4b DA✓ELil S140 JL0 • S$JEA 2311...v6 WEST pcJ0.111> .✓.<o PAvs•Dc* o -- — — {a too A-) I'IED'AJ r,( P -S'i&A O LVO (/A_r 7300✓0) Te..•eJ L11 eL✓O O Sro., • PH 11503 1 11/24/98 5:28 PM 11 EXHIBIT C Site Plan To the Option and Site Lease Agreement dated , 1998, between Town of Fountain Hills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. Site Plan and Equinment Approximately 600 square feet of that property described in Exhibit A to contain equipment including, but not limited to, the following: • One 25 foot Stealth Saguaro Cactus to contain PCS antennae and microwave equipment • Three BTS Radio Equipment cabinets on a concrete pad • One power panel approximately 3'x 2'x 1' • One telco box approximately 3'x 2'x 1' (SITE PLAN TO BE ADDED AFTER CONSTRUCTION DRAWINGS ARE APPROVED BY TOWN OF FOUNTAIN HILLS.) L PH 11503 I 11/24/98 5:52 PM 12 EXHIBIT D Environmental Laws To the Option and Site Lease Agreement dated , 1998, between Town of Fountain Hills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances,judicial or administrative decrees, orders, decisions, authorizations or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., the Clean Air Act, 42 U.S.C. §§ 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. §§ 2701, et seq., the Hazardous Materials Transportation Act, 49 U. S. C. §§ 1801 et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and state laws, or any other comparable local, state or federal statue or ordinance pertaining to the environment:or natural resources and all regulations pertaining thereto. As used in this Lease, "Hazardous Substance" means any hazardous substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their by-products. L PH 11503 1 1 1/17/98 4:46 PM 13 L Memorandum of Lease EXHIBIT E L L PH 11503 1 1 1/17/98 4:46 PM 14 L After recording, please return to: Western PCS III Corporation Attn: Lease Administration 2601 West Broadway Tempe, Arizona 85282 Market: Phoenix Site Number: PH 11503 1 Site Name:Fountain Hills-Saguaro Memorandum and Confirmation of Option and Site Lease Agreement Between the Town of Fountain Hills, an Arizona Municipa Corporation ("Lessor") and Western PCS III Corporation, a Delaware corporation ("Lessee") This is a Memorandum and Confirmation of Option and Site Lease Agreement ("Lease") by and between Town of Fountain Hills, an Arizona municipal corporation ("Lessor"), whose mailing address is whose address is 16836 East Palisades, PO Box 17958, Fountain Hills, Arizona 85269 and Western PCS III Corporation, a Delaware corporation ("Lessee") whose address is Attn: PCS Lease Administration, 3650 131st Avenue, SE, Suite 400, Bellevue, Washington 98006 Date of Lease: , 1998 Description of Demised Premises: See Exhibit"A" attached hereto. Term of Option: Eighteen (18) months after date of Lease, with up to one additional six (6) month renewal ("Option Period"). Initial Term: Five (5) years commencing on a date (the "Commencement Date") to be set forth in a Notice to Exercise Option, such notice to be placed of record not later than six months after expiration of the Option Period, if such option is exercised. Renewal Terms: Two (2) additional five-year periods after the expiration of the initial term of the Lease. The purpose of this Memorandum and Confirmation of Lease is to give record notice of the Lease and of the rights created thereby, all of which are hereby confirmed and incorporated herein. NOW,THEREFORE, Lessor, in consideration of the rents and covenants provided for in the Lease to be paid and performed by Lessee, does hereby grant the aforesaid option and, if such option is PH 11503 1 1 1/17/98 4:46 PM 15 • exercised, does hereby demise, convey, grant and let unto Lessee the Demised Premises upon the terms and subject to the conditions set forth in the Lease, a copy of which is being held by Lessor at its address stated above. EXECUTED as of the date, or later of the dates, set forth in the respective acknowledgments of the parties hereto. LESSOR: LESSEE: TOWN OF FOUNTAIN HILLS WESTERN PCS III CORPORATION By: Sharon Morgan, Mayor Its: A I EST: Cassie B. Hansen,Town Clerk L APPROVED AS TO FORM William E. Farrell,Town Attorney PH 11503 I 11/17/98 4:46 PM 16 STATE OF ARIZONA ) ) ss: COUNTY OF MARICOPA ) On this day of , 1998, before me personally appeared Sharon Morgan, known to me to be the Major of the Town of Fountain Hills, an Arizona municipal corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed on behalf of said municipal corporation for the uses and purposes therein mentioned, and on oath, stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this day of , 1998, before me personally appeared , known to me to be the of Western PCS III Corporation, a Delaware corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be free and voluntary act and deed on behalf of said corporation for the uses and purposes therein mentioned, and on oath, stated that was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: L PH 11503 1 1 1/17/98 4:46 PM 17 EXHIBIT A to Memorandum of Lease Legal Description The Property is legally described as follows: L L PH 11503 I 11/17/98 4:46 PM 18 Market:Phoenix Site Number:PH 11506 B Site Name:Fountain Hills-Park L OPTION AND SITE LEASE AGREEMENT THIS OPTION AND SITE LEASE AGREEMENT (this "Agreement") is entered into this day of , 1998 (" Date of Agreement"), by and between the Town of Fountain Hills, an Arizona municipal corporation ("Lessor") whose address is 16836 East Palisades, PO Box 17958, Fountain Hills, Arizona 85269 and Western PCS III Corporation, a Delaware corporation ("Lessee") whose address is Attn: PCS Lease Administration, 3650 131st Avenue, SE, Suite 400, Bellevue, Washington 98006. WHEREAS, Lessor is the owner of certain real property as more particularly described in Exhibit A (the "Property'), attached hereto and incorporated herein by this reference; and WHEREAS, Lessee desires to obtain an option on the Property for the purpose of occupying and installing a Communications Facility as more specifically set forth below. NOW THEREFORE, Lessor and Lessee agree as follows: 1. Consideration. Lessor for and in consideration of Seven Hundred Fifty and no/100 Dollars ($750.00), the receipt whereof is hereby acknowledged, does hereby grant and convey unto Lessee, its successors, assigns, and agents an option to lease a portion of the Property for the Permitted Use as set forth in paragraph 3 below. Payment of amount specified will be conveyed to Lessor with an executed copy of this Agreement. 2. Option. The option to lease Lessor's Property may be exercised by Lessee at any time within the first eighteen (18) months of the Date of Agreement ("Option period") by providing Lessor with written notice of Lessee's intent. Lessor agrees that Lessee may extend the Option Period by six (6) additional months by providing Lessor with written notice prior to the expiration of the original Option Period and by paying Lessor, at the time Lessee requests the extension an additional sum of Seven Hundred Fifty and no/100 Dollars ($750.00). 3. Permitted Use. The location on lessor's Property which Lessee is occupying and installing its facility shall be referred to as the "Premises". The approximate location of the Premises is set forth in Exhibit B, attached hereto and incorporated herein by this reference. (a) Lessee shall have the right, at its expense, to install construct, reconstruct and maintain on the Premises a communication facility including, without limitation, radio and other communication transmitting and receiving antennas, support mounts, towers, poles, cables, equipment, equipment storage structures and other improvements relating thereto (collectively the "Communications Facility"). The Communications Facility is described in greater detail in Exhibit C, attached hereto and incorporated herein by reference. Lessee shall have the right to relocate the Communications Facility on the Property at any time during the term of this Agreement - so long as said relocation is made with prior written consent of Lessor, which consent shall not be (1110, unreasonably conditioned, delayed or withheld. (b) Lessee shall be entitled to reasonable access to the Premises twenty-four (24) hours a day, seven (7) days per week, and shall have all additional rights of access, ingress and egress to and from the Premises, provided however, except in the case of an emergency, Lessee shall notify Lessor in advance of Lessee's proposed construction or repair activities to be performed on the Premises in order to coordinate said activities with Lessor's operations. (c) Lessee shall pay any incremental additional utility charges for the Premises incurred as a result of Lessee's Permitted Use. Lessee shall have a right, at its expense, to install or improve utilities within or on the Property to service the Communications Facility. As partial consideration for Rent paid under this Lease, Lessor hereby grants Lessee and Lessee's agents, employees or contractors, an easement ("Easement") for ingress, egress, and access (including access for the purposes described in this Section) to the Property adequate to install and maintain utilities, which include, but are not limited to the installation of underground power and telephone service cable, and to service the Premises and the Communications Facility at all times during the term of this Lease or any Renewal Term. (d) Lessee shall provide Lessor with construction drawings, including color of paint to be used on the monopole, if any, and obtain Lessor's prior written consent, which shall not be unreasonably conditioned, delayed or withheld, before proceeding with the installation of the Communications Facility. (e) Lessee's construction shall be in conformance with all applicable Town of Fountain Hills Codes and provide adequate landscaping for the Premises. Lessee shall not install lighting at the top of the monopole unless such lighting is required by the Federal Aviation Administration. (f) Following completion of construction of a tower on the Premises which has been erected by replacing an existing ballfield Light standard, the ballfield lights shall be re-set by a certified lighting specialist, the cost of which shall be done by Lessee. Such cost shall not exceed One Thousand and/no Dollars ($1,000.00). In addition, the light pole removed to facilitate installation of Lessee's Communications Facility shall remain the property of Lessor 4. Term. This Agreement shall be for a term of five (5) years ("Lease Term"). The Agreement shall commence with respect to the Property on the date that the Lessee places its written notice to Lessor in the mailbox, return receipt requested, of its intent to execute its right to lease the Property. Lessee shall have a right to renew the Agreement for two (2) additional five (5) year terms ("Renewal Term"). L PH 11506B 11/17/98 4:25 PM 2 5. Rent. (a) Each month during the initial Lease Term Lessee shall pay Seven Hundred Fifty and no/100 Dollars ($750.00) ("Lease Payment") to Lessor as "Rent". Said Rent shall be payable in advance to Lessor on or before the first day of each calendar month. Each additional Lease Renewal Term shall be paid as follows: Renewal Term 1 - Year 6 - 10 $825.00/Month Renewal Term 2 - Year 11 - 15 $908.00/Month (b) Lessee shall pay, as additional rent, any transaction privilege tax, use tax or increase in real property taxes assessed against Lessor by virtue of this Agreement and Lessor agrees to furnish proof of such increase to Lessee. 6. Due Diligence. During the Option Period and any option extension, Lessee, its agents, engineers, contractors shall have the right to enter upon Lessor's Property to inspect, examine, sample and conduct all engineering tests or studies of the Premises, to apply for and obtain all licenses and permits required for the Lessee's Permitted Use from all applicable governmental or regulatory entities, and otherwise do those things on the Premises that, in the opinion of Lessee, are necessary to determine the physical condition of the Premises, Lessor's title to the Premises and the feasibility or suitability of the Premises for Lessee's Permitted Use, all at Lessee's expense. Lessee shall not be liable to Lessor or any third party on account of any pre- existing defect or condition on or with respect to the Premises, whether or not such defect or condition is disclosed by Lessee's inspection, although Lessee shall be responsible for any damage, loss or destruction to the Premises as a result of the actions of its employees, representatives or agents during the due diligence activities. 7. Interference. (a) Lessee shall not use the Premises in any way that interferes with the existing use by (i) Lessor or (ii) tenants or licensees of Lessor holding rights to the Premises on the date of this Agreement ("Existing Tenants"). (b) Lessor warrants to Lessee the use and quiet enjoyment of the Premises. Lessor agrees that it shall not use, nor shall it permit its tenants, Lessees, employees invitees or agents to use, any portion of the Property in any way which would interfere with the operations of Lessee, provided that continued use by Lessor or Existing Tenants in the same manner as existed at the time the Lease was executed shall not constitute interference with Lessee's operations. 8. Environmental Matters. (a) Lessee will be solely responsible for and will defend, indemnify and hold Lessor, its agents, employees and elected officials harmless from and against any and all direct claims, costs and liabilities including reasonable attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with the Lessee's use of Hazardous Materials (as defined in attached Exhibit D). PH 11506B 11/17/98 4:25 PM 3 (b) Lessor will be solely responsible for and will defend, indemnify, and hold Lessee, its agents, employees and elected officials harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorneys' fees and costs, arising out of or in connection with the removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Lessee. (c) "Hazardous Materials" means asbestos or any hazardous substance, waste or materials as defined in any federal, state, or local environmental or safety law or regulations including, but nor limited to, CERCLA. (d) The obligations of this Section Eight shall survive the expiration or other termination of this Agreement. 9. Insurance and Indemnification. Lessee shall maintain at its expense commercial general liability insurance covering actions by Lessee providing for a limit of not less than $1,000,000.00, bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death of all persons and for damages to or destruction of property, including the loss of use thereof. Coverage shall include independent contractor's protection, premises-operations, products completed operations and contractual liability with respect to the liability assumed by Lessee hereunder. Lessor and Lessee shall look solely to insurance for loss due to any damage which is covered by insurance and neither company's insurance company shall be subrogated to a claim against the other party. In the event Lessee is self-insured, Lessee shall supply Lessor with a certificate of self-insurance which complies with the policy limitations set forth above. Each party shall indemnify and defend the other against loss from their negligent acts and that negligent act of their employees, agents and invitees. 10. Assignment and Subleasing. (a) Upon Lessor's written consent, which shall not be unreasonably withheld, Lessee may assign this Lease, in part or in whole, including its right to renew, to any person or business entity which is licensed by the Federal Communications Commission. (b) Lessee may sublet and assign this Lease, or portion thereof, and its other rights hereunder to any person or business entity which is a parent, subsidiary or affiliate of Lessee or to any person or entity that acquires Lessee's radio communications business without Lessor's consent. (c) Upon notification to Lessor of any assignment, Lessee shall be relieved of all performance, liabilities and obligations under this Option and Site Lease Agreement. (d) Lessee agrees to support the Town of Fountain Hills' interest in having wireless communication providers co-locate their antennas, on either new or existing structures, and will cooperate with third party communications users in accordance with the provisions of this Section 10(d). In the event Lessor elects to permit another communications user the right to use PH 11506B 11/17/98 4:25 PM 4 Lessor's Property, Lessor agrees to notify Lessee thirty (30) days prior to the issuance of such authority for the purpose of determining whether the third party communications user will interfere with Lessee's use or intended use of the Premises. Should Lessee notify Lessor in writing that the third party communications user will interfere with Lessee's operations, then Lessor agrees not to permit the third party communications user the right to use the Premises. Lessee's consent shall not be unreasonably withheld. (e) Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Agreement and Lessee's Communications Facility, and may assign this Lease and Lessee's Communications Facility to any mortgagees, deed of trust beneficiaries or holders of security interests, including their successors or assigns, thereinafter collectively referred to as "Mortgagees" and individually as a "Mortgagee" provided such Mortgagees agree to be bound by the terms and provisions of this Agreement and further provided that Lessee shall furnish Lessor with written notice of same within ten (10) days of any such transaction. In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee or to remove any property of Lessee or Mortgagee located on the Premises All such notices to Mortgagee shall be sent to Mortgagee at the address specified by Lessee upon entering into a financing agreement. Failure by Lessor to give Mortgagee such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights Mortgagee to cure any default and to remove any property of Lessee or Mortgagee located in the Premises. 11. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communications Facility or any portion thereof which shall be deemed personal property for the purposes of this Agreement, regardless of whether or not the same is deemed real or personal property under applicable laws, and Lessor gives Lessee and Mortgagee the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Lessee's and/or Mortgagee's sole discretion and without Lessor's consent. 12. Termination. This Option and Site Lease Agreement may be terminated as follows: (a) By Lessor if Lessee fails to cure a default for payment of amounts due hereunder within thirty (30) days after Lessee's receipt of written notice of default from Lessor. (b) By the non-defaulting party if the other party defaults (other than a default described in section 12(a) above) and fails to cure such default within sixty (60) days after written notice of such default is received by the defaulting party from the non-defaulting party; provided, however, that if such default is capable of being cured, the Lease may not be terminated so long as the defaulting party commences appropriate curative action within such sixty (60) day period and thereafter diligently prosecutes such cure to completion as promptly as possible; (c) By Lessee upon sixty (60) days prior written notice for any reason. L PH 11506B 11/17/98 4:25 PM 5 13. Successors and Assigns. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 14. Representations and Warranties. Each party covenants and warrants to the other that: (i) it has full right, power and authority to execute this Option and Site Lease Agreement and has the power to grant all rights hereunder; (ii) its execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease or other agreement binding on said party, and (iii) the execution and delivery of this Agreement, and the performance of its obligations hereunder, have been duly authorized by all necessary personnel or corporate officers and do not violate any provisions of law or the party's certificate of incorporation or bylaws or any other arrangement, provision of law or court order or decree. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, or mailed by certified mail, return receipt requested, to the following addresses: If to Lessor, to: If to Lessee, to: Town of Fountain Hills Western PCS III Corporation Attn: Town Manager Attn: PCS Lease Administration 16836 East Palisades 3650 130 Avenue, SE, Suite 400 PO Box 17958 Bellevue, WA 98006 Fountain Hills, AZ 85269 Phone:(425) 586-8700 Phone: (602) 816-5108 Fax: (425) 586-8040 Fax: (602) 837-3145 With a copy to: Western PCS III Corporation Attn: Legal Department 3650 130 Avenue SE, Suite 400 Bellevue, WA 98006 Phone: (425) 586-8700 Fax: (425) 586-8090 16. Miscellaneous. (a) This Option and Site Lease Agreement shall constitute the entire agreement and understanding of the parties with respect to the property that is the subject matter thereof and supersedes all offers, negotiations and other agreements with respect thereto. There are no PH 11506B 11/17/98 4:25 PM 6 � representations or understandings of any kind not set forth herein. Any amendment to this Agreement must be in writing and executed by both parties. (b) Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the State of Arizona. There shall be no discovery other than the exchange of information which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. The arbitrator shall have authority to award the substantially prevailing party its reasonable attorneys' fees and costs, including appeals, if any. (c) Either party hereto that is represented in this transaction by a broker, agent or commission salesperson (a "Representative") shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such Representative, and shall indemnify and hold the other party harmless from and against any claim to a fee, commission or other compensation asserted by such Representative, including reasonable attorneys' fees and costs incurred in defending such claim (d) If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. (116.9 (e) By executing this Agreement, the parties are not establishing any joint undertaking, joint venture or partnership. Each party shall be deemed an independent contractor and shall act solely for its own account (f) Lessee agrees within sixty (60) days after the expiration or termination of this Agreement, to remove all Lessee's property and to restore the Premises to its original condition, excepting normal wear and tear. (g) Pursuant to the provisions of A.R.S. 38-511, the Lessor may cancel any contract or agreement without penalty or obligation, if any person significantly involved in initiating, negotiating, securing; drafting or creating the contract on behalf of the Lessor is at any time while the contract or any extension thereof is in effect the employee of any other party to the contract in any capacity or an Architect to any other party to the contract with respect to the subject matter of the contract (h) This Agreement shall be governed and interpreted according to the laws of the State of Arizona. (i) The parties understand and acknowledge that all Exhibits may be attached to this Lease in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, these preliminary exhibits may be replaced by Tenant with such final, PH 11506B 11/17/98 4:25 PM 7 more complete exhibits, subject to the approval of the Community Development Director of the Town of Fountain Hills. LESSOR: LESSEE: TOWN OF FOUNTAIN HILLS WESTERN PCS III CORPORATION By: Sharon Morgan, Mayor Its: AF1'EST: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM f c William E. Farrell, Town Attorney L PH 11506B 11/17/98 4:25 PM 8 STATE OF ARIZONA ) ) ss: COUNTY OF MARICOPA ) On this day of , 1998, before me personally appeared Sharon Morgan, known to me to be the Major of the Town of Fountain Hills, an Arizona municipal corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed on behalf of said municipal corporation for the uses and purposes therein mentioned, and on oath, stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: c STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this day of , 1998, before me personally appeared , known to me to be the of Western PCS III Corporation, a Delaware corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be free and voluntary act and deed on behalf of said corporation for the uses and purposes therein mentioned, and on oath, stated that was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: L PH 11506B 11/17/98 4:25 PM 9 Loy EXHIBIT A Legal Description To the Option and Site Lease Agreement dated , 1998, between Town of Fountain Hills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. The Property is legally described as follows: Being a portion of Lot 1,Block 18.of FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 107. according to the plat of record in the office of the County Recorder of Maricopa County. Arizona. recorded in Book 141 of Maps. Page 18, more particularly described as follows: COMMENCING at the centerline intersection of Del Cambre Avenue, 70.00 feet in width and El Sobrante Avenue, 70.00 feet in width, as shown on said Final Plat No. 107; thence Southerly along said centerline of El Sobrante Avenue. South 23 degrees 15 minutes 00 • seconds East, 55.00 feet; 441111/ thence South 66 degrees 45 minutes 00 seconds West. 35.00 feet to the POINT OF BEGINNING, said point being on the Westerly right-of-way of said El Sobrante Avenue; thence Southerly along said right-of-way. South 23 degrees 15 minutes 00 seconds East,276.57 feet to a point being on the Southerly right-of-way of Caliente Wash, said point also being on a curve being concave to the-South and having a radius of 515.00 feet: thence Westerly along said right-of-way and curve through a central angle of 02 degrees 29 minutes 50 seconds, an arc length of 22.45 feet: thence South 68 degrees 55 minutes 00 seconds West. 312.46 feet to the beginning of a tangent curve concave to the North and having a radius of 435.00 feet: thence Northwesterly along the arc of said curve through a central angle of 59 degrees 17 minutes 06 seconds. an art length of 450.10 feet to a point being on the Southeasterly right-of-way of aforementioned Del Cambre Avenue. said point also being on a curve concave to the Southeast and having a radius of 615.00 feet,a radial line passing through said point bears North 48 degrees 01 minutes 37 seconds West: thence Northeasterly along said right-of-way and curve through a central angle of 24 degrees 46 minutes 37 seconds, an arc length of 265.95 feet; thence North 66 degrees 45 minutes 00 seconds East. 422.57 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 20.00 feet: thence Easterly along the arc of said curve through a central angle of 90 degrees 00 minutes 00 . seconds, an arc length of 31.42 feet to the POINT OF BEGINNING. cor . PH 11506 B 11/24/98 5:48 PM 10 EXHIBIT B Premises Location Within the Property To the Option and Site Lease Agreement dated , 1998, between Town of Fountain Hills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. The location of the Premises (including easements) within the Property is more particularly described and depicted as follows: PRELIMINARY SKETCH �6L LAMRe-- El*ECIL. Ui. I • Fo�< P6A" E TARK. // 1161GNbo«10.�6 A4K A Ti L. I �6Lo A,cLA ¢ � Aoll EA • --- WALd -- —Au-die- r_<,bse- ' FWA ELT y./AS Pf44: ES6tT 1,1ASN //<✓«ry ,0 Qrs F_p,nv CA4s < p 0 __ 0 7v'L'6" /O.-,.E f.0 A./re-WA 70' L/LOT Fore Sv��T60 A✓fC.^i'4 A�<S L fNooL �Ti/LETc /"i/ l Et � ✓i PH 11506 B 11/24/98 5:54 PM 11 EXHIBIT C Site Plan To the Option and Site Lease Agreement dated , 1998, between Town of Fountain Hills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. Site Plan and Equipment Approximately 400 square feet of that property described in Exhibit A to contain equipment including, but not limited to, the following: • One 70 foot light pole to contain PCS antennae and microwave equipment • Three BTS Radio Equipment cabinets on a concrete pad • One power panel approximately 3'x 2'x 1' • One telco box approximately 3'x 2'x 1' (SITE PLAN TO BE ADDED AFTER CONSTRUCTION DRAWINGS Lir ARE APPROVED BY TOWN OF FOUNTAIN HILLS. ) Lir PH 11506 B 11/24/98 5:56 PM 12 EXHIBIT D Environmental Laws To the Option and Site Lease Agreement dated , 1998, between Town of Fountain Hills, an Arizona Municipal Corporation, as Landlord, and Western PCS III Corporation, a Delaware corporation, as Tenant. As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances,judicial or administrative decrees, orders, decisions, authorizations or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., the Clean Air Act, 42 U.S.C. §§ 7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. §§ 2701, et seq., the Hazardous Materials Transportation Act, 49 U. S. C. §§ 1801 et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and state laws, or any other comparable local, state or federal statue or ordinance pertaining to the environment.or natural resources and all regulations pertaining thereto. As used in this Lease, "Hazardous Substance" means any hazardous substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil, petroleum products and their by-products. L PH 11506B 11/17/984:25 PM 13 L Memorandum of Lease EXHIBIT E L L PH 11506B 11/17/98 4:25 PM 14 L After recording, please return to: Western PCS III Corporation Attn: Lease Administration 2601 West Broadway Tempe, Arizona 85282 Market: Phoenix Site Number: PH 11503 I Site Name: Fountain Hills-Park Memorandum and Confirmation of Option and Site Lease Agreement Between the Town of Fountain Hills, an Arizona Municipa Corporation ("Lessor") and Western PCS III Corporation, a Delaware corporation ("Lessee") This is a Memorandum and Confirmation of Option and Site Lease Agreement ("Lease") by and between Town of Fountain Hills, an Arizona municipal corporation ("Lessor"), whose mailing address is whose address is 16836 East Palisades, PO Box 17958, Fountain Hills, Arizona 85269 and Western PCS III Corporation, a Delaware corporation ("Lessee") whose address is Attn: PCS Lease Administration, 3650 131st Avenue, SE, Suite 400, Bellevue, Washington 98006 Date of Lease: , 1998 Description of Demised Premises: See Exhibit "A" attached hereto. Term of Option: Eighteen (18) months after date of Lease, with up to one additional six (6) month renewal ("Option Period"). Initial Term: Five (5) years commencing on a date (the "Commencement Date") to be set forth in a Notice to Exercise Option, such notice to be placed of record not later than six months after expiration of the Option Period, if such option is exercised. Renewal Terms: Two (2) additional five-year periods after the expiration of the initial term of the Lease. The purpose of this Memorandum and Confirmation of Lease is to give record notice of the Lease and of the rights created thereby, all of which are hereby confirmed and incorporated herein. ‘140, NOW, THEREFORE, Lessor, in consideration of the rents and covenants provided for in the Lease to be paid and performed by Lessee, does hereby grant the aforesaid option and, if such option is PH 11506B 11/17/98 4:25 PM 15 • exercised, does hereby demise, convey, grant and let unto Lessee the Demised Premises upon the �r terms and subject to the conditions set forth in the Lease, a copy of which is being held by Lessor at its address stated above. EXECUTED as of the date, or later of the dates, set forth in the respective acknowledgments of the parties hereto. LESSOR: LESSEE: TOWN OF FOUNTAIN HILLS WESTERN PCS III CORPORATION By: Sharon Morgan, Mayor Its: A T1'bST: Cassie B. Hansen,Town Clerk L APPROVED AS TO FORM William E. Farrell, Town Attorney L PH 11506B 11/17/98 4:25 PM 16 (so STATE OF ARIZONA ) ) ss: COUNTY OF MARICOPA ) On this day of , 1998, before me personally appeared Sharon Morgan, known to me to be the Major of the Town of Fountain Hills, an Arizona municipal corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed on behalf of said municipal corporation for the uses and purposes therein mentioned, and on oath, stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this day of , 1998, before me personally appeared , known to me to be the of Western PCS III Corporation, a Delaware corporation, who executed the within and foregoing instrument, and acknowledged the said instrument to be free and voluntary act and deed on behalf of said corporation for the uses and purposes therein mentioned, and on oath, stated that was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC My commission expires: L PH 11506B 11/17/98 4:25 PM 17 EXHIBIT A to Memorandum of Lease Legal Description The Property is legally described as follows: L firr PH 11506B 11/17/98 4:25 PM 18 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Council b FROM: Ran el, Town Engine lkkixv-1 THROUGH: Paul No 3 own Manager DATE: Nove b-r 24 1998 RE: Grant of Easement (EAA 98-12) Plat 513, Lot 28 (14841 E. Avila Drive) Russell Hustead, the property owner, has granted to the Town a drainage easement over the easterly 10 feet of Lot 28, of Plat 513. The Town has an existing storm drain in this location, for which an easement had never been granted. At the October 15th, Council meeting, the Council approved abandonment of a drainage easement that this easement replaces on Lots 26, 27, and 28. At that time, the Council was also presented an easement grant from MCO Properties (as Declarant, pursuant to the North Heights Declaration of Reservations) for this easement. That easement grant is now moot, and will not be recorded by staff. As with all easement grants, no Council action is required. This memo is merely for your information. Staff will proceed to record Dr. Hustead's easement grant, which will bring closure to this situation. The Town wishes to formally thank Hank Lickman of MCO Properties and Dr. Russell Hustead for this easement grant. cc: Dan Kelly/MCO Erik Eriksson/MAXXAM Russell Hustead, M.D. Bill Farrell Hank Lickman Art Candelaria Jim Leubner L Grant of Easement EAA 98-12(Plat 513,Lot 28).doc When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 GRANT OF EASEMENT Russell M. Hustead , grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement for the following purposes, namely: Drainage Easement. on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit A and as depicted in Exhibit B, situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this ./' day of lo, 1998. By: 4 ` Russell M. Hustead By: STATE OF ARIZONA ) ss. County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this /,P day ofpe` . 1998, by —terms, Nor "or /2"&etwO,Z iooL'tl'Ides ngdxo'wwoo/S r .• 4 otary Public ruNno0 rdoofavw My Commission pep :oI AJ t, N3S�1313d�'UNV'1 � 4 Lir iv7u 1VI014J0 ti Grant of Easement Master.doc EXHIBIT A LOT 28 OF FOUNTAIN HILLS FINAL PLAT NO. 513 10 FOOT WIDE DRAINAGE EASEMENT LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF LAND LOCATED IN SECTION 9, TOWNSHIP 3 NORTH,RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,ARIZONA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 10 FEET OF LOT 28 AS SHOWN ON FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 513,BOOK 387, PAGE 30 OF THE OFFICIAL RECORDS OF MARICOPA COUNTY,ARIZONA. • • F.H. L.N. 1085 JUNE 9, 1998 GAB/gab SHEET 1 OF 2 L'Ail1LL1 D 29 0.X\ • 31 iN\\A° 1\ 28 PUP\ZP\ 0' D '�� 1 51 `J S1 461/4- `•N 27 PVO lqT f 9 F. H . FINAL / 16098 y@ m C7 DON N. '{ PLAT NO. 513 1, ADIDERSON,JR. � • a �11�15H Sign Va 4.9/201 a,C s 36 26 Z F.H. 'LEGAL NO. 1085 SCALE:1":50' 25 'Andeirson� Nelson, 4441 East 6h0o.ei Fhad Ph:enbc AZ 85008 ?7 AE) FAX(902)273-02841 SHEET 2 OF 2 • Administrator FHLN1085.dwg.DWG 06-10-98 09:41 A•), MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelari ' ^ I REVIEWED: Rand . Harr I Town Enginee l 1 sn THROUGH: Paul L. o own Manager DATE: Novemb r 19, 1 8 RE: Notification of Acceptance EAA98-11 Public Utility& Drainage Easement 16549 Laser Drive Plat 414, Block 1, Lot 53 The Property owner, Jolamar Properties, has granted a varying width easement for drainage, as shown in the attached legal description and map. This easement replaces and fulfills the stipulation of the drainage easement abandoned by the Council on November 19th(EA98-33)on the same lot. Basically, the property owner is moving the drainage channel to the south to allow expansion of his building. In accordance with our previous practice, no Council action is required. This memo is merely to advise the Council that the easement has been acquired. cc: Jolamar Properties L G:\Easement Memo\Grant of Easement-Plat 414,Blk I,Lot 53.doc r When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT Jolamar Properties grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public utilities, a perpetual easement for the following purposes, namely: Fountain Hills Plat 414, Block 1, Lot 53: A Drainage Easement on, over, under and across the ground embraced within the aforementioned plat as depicted in Exhibit A, and as described in Exhibit B, situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this /1 day of$71(2,t' , 1998. By:epi . o :/ I By: STATE OF ARIZONA ) ss. County of Maricopa ) SUBSC BED AND SWORN TO BE before me this /7 day of ) 1998, by / � ;e�ue eld �Gif, ,6.a.cv,,,_,kJ Noty Public My Commission Expires: 5-/S-d co/ 1 ' OFFICIAL SEAL i Grant of Easement-Jolamar.doc `` >>> (Cill'i \ :,) ) SBETTY BRANNON Notary Public- hte otArkona / MANICOPA COUNTY S ''--ate My Comm.exploit/Any 15,2001 r EXHIBIT "A" L Z.A5EA, pi 1vEJ JAMES GALL: . �` __ , tar 53 4/1, ,Bier. 2.67 4 22 ,ix,,T, .44 1147'4'0'S 3 .s o : t $., !42 - th .s4ZpigLit•/ L 'q ; \-,1 14, ;W \v. t „ y 4 b \tv � 4 k �� g N 0 sue,,•►o�„ , -� 1 b s� 0.6. a ►►o.oo ..s4\44 � : '4 hivi 8s" Vo4v1. /42.05 ►I. . - Seale / :GO' 0 /18.1.GbL�• .. I 19001 �J 9' III ,awW. vATHAtx\vo " slit? .. 4A/l0NA U%P. • LOT 53 A DRAINAGE EASEMENT OVER A PORTION OF LOT 53, FOUNTAIN HILLS PLAT 414, PER BK. 287, PG. 22, M.C.R. LOCATED IN THE SE1/4, SEC. 27, T.3 N., R.6.E., OF THE G. & S.R.B. &M., MARICOPA COUNTY ARIZONA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID LOT 53; THENCE, N 06°50'00" E, ALONG THE WESTERLY LOT LINE OF LOT 53, A DISTANCE OF 115.00 FEET TO THE POINT OF BEGINNING; THENCE, S 83°10'00" E, A DISTANCE OF 110.10 FEET; THENCE, N 20°18'11" E, A DISTANCE OF 65.30 FEET; THENCE, N 02°16'27" E, ALONG A LINE 28.00 FEET WEST OF AND PARALLEL TO THE EASTERLY LOT LINE, A DISTANCE OF 92.00 FEET; THENCE, N 47°16'27" E, A DISTANCE OF 39.59 FEET TO A POINT ON SAID EASTERLY LOT LINE; THENCE, S 02°16'27" W, ALONG THE EASTERLY LOT LINE, A DISTANCE OF 42.00 FEET; THENCE, S 47°16'27" W, A DISTANCE OF 4.24 FEET; THENCE, S 02°16;27" W, ALONG A LINE 3.00 FEET WEST OF AND PARALLEL TO THE EASTERLY LOT LINE, A DISTANCE OF 161.13 FEET; THENCE, S 64°00'00" W, A DISTANCE OF 66.84 FEET; THENCE, S 85°00'00" W, A DISTANCE OF 142.05 FEET; THENCE, S 35°00'00" W, A DISTANCE OF 38.00 FEET TO A POINT ON SAID WESTERLY LOT LINE; THENCE, N 06°50'00" E, ALONG THE WESTERLY LOT LINE,A DISTANCE OF 83.00 FEET TO THE POINT OF BEGINNING. J� k4Y-C lg. • .~�6;1 •f ,).21 19001 ` ' JOHN W. HA?HAW Y4 • grj 0SI► • E XILEBIT 'B" Chron 377 MEMORANDUM TO: Honorable Mayor and Town Council �� FROM: Randy Harrel /. 9 Q/3 THROUGH: Paul L. Nordi , Manager DATE: November 2 1998 RE: Grant of Sidewalk Easement (EAA 98-10) La Vida Buena Homeowners'Association The La Vida Buena Homeowners' Association has granted a 10' wide sidewalk easement along their El Logo Boulevard frontage. A 6'wide meandering sidewalk will be installed in the right-of-way of this easement as a part of the Town Center II project. The Town will be paying the costs of this section of sidewalk and the landscape repairs as a part of that project. The Homeowners' Association will be responsible for maintaining all their frontage landscaping. Our memo to the Homeowner's Association is attached for your information. As with all easement grants, no Council action is required. This memo is merely for your information. Attachments:Grant of Easement Exhibit"A" Staff Letter to HOA of 10/19/98 cc: Jeff Valder Jim Luebner Tom Ward Dan Schmerfeld Dan Kelly Mike Snodgrass Harold Ellis/Markham Loras Rauch/Church of theAscension Elmer Heirigs, President/La Vida Buena HOA Ted Cash, Manager/La Vida Buena HOA G:\Easement Memo\Grant of Easement-EAA98-10,16262 E.Rosette Dr.#53,Quinn 1 TOWN OF FOUNTAIN HILLS EASEMENT ACQUISITION EXHIBIT " A" LA VIDA BUENA CONDOMINIUMS IMIIMIIIIIIIIMIIMIMMIMIIIIIIIIIIIIIIMIMMIIIIIMIMIIIIIIMIMMIMMNINIMMMIMIMIMMIIIIIIMIMIMIIINMMI / i / Ss TOKPELA / / / BOOK 426, PAGE 11 /' , / MCR 95-0743939 /" / o = 90'00'00" TOWN CENTER 1 R = 50.00' BOOK 445, PAGE 45 / L = 78.54' MCR 97-0476809 SCALE: 1"=200' / IV ,,----4.` \ / �'��- _Pot_� MCR DOCKET 13944 l 01 / /,' f' 7 s2>„D,q BOOK 374-376 ; .4 / ;/[--..., . i 4;`—f-----,,, .---- --?...(Z-..:2----,41-4/04---... e L, �` �� CHURCH / h / .�/� � �,- „--,./ y, -;� (I------- ; . ��/ �'�'�� f'FDA BUENA CONDO tE1•dl S �•fifit " ' ,.. _,.�\ / / 2/t f-'-i`--- BOOK- 04, PAGE`S. R = 50.00 �, .1411r i l 'r-- o, 78.5 r i 4., iSS' 'SS,/,'1 " ' , `�%" N20 38'0 /" / TOWN CENTER 11 y 90'00'00" :' "-, _�- 177.54 ,� ._,, / _ , - ,f '?�/ BOOK 474, PAGE 28 i �,R,.J= a,o0' � L\ ��'�-� ,/ MCR 98-0587169 ' - /Z. ; -1---,,,-.,-, 4-L. /----,L854' / ) I.— %'? -1 ‘S '.?. 1;4'2 ,/,4 / �--\�40" •82 ' -:� `-'7 ;.1 \_MCR DOCKET 13944 / -�,•\e�tio '��_�� "" 31 BOOK 374-376 / / %, I I NEW 10' SIDEWALK - .. `�'` EASEMENT AN 0 05'31'54"`�-, -.N EL 'o �F I R = 1042.00' Lie16545 0 L = 100.60' " `� � RANDY L. RIDGEVIEW APARTMENTS � ,� BOOK 448, PACE 4 0 HARR;:I�a MCR 97-0566590 R = 0.00' " fe R = 50.00' R4,� , ' L = 74.32' z U 0`. l DATE REVISED: 10-19-98 4 Chron 321 When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT LaVida Buena Homeowners Association, grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement for the following purposes, namely: A 10' Sidewalk Easement on, over, under and across the ground embraced within the aforementioned plat as and as depicted in Exhibit A, situated in the Town of Fountain Hills,State of Arizona. And for a temporary easement for construction purposes, for a period of six months from the date of this document. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this b day i f0 ) , 1998. By: i By: STATE OF ARIZONA ) •_ OFFICIAL ucANNA M. WORKMAN ) ss. (. ` NoiMARICOM COUNTY sy Pubic•SUN of ArizonaCounty of Maricopa ) \', •- My comm. a SUBSCRIBED AND SWORN TO BE before me this h day orriatac 8, by c).,x2 (ilor My Notary Public Commission Expires: QC,e 0‘;ti 010002, La Vida Buena Frontages.doc 421.40 ���9 Chron 32 3 , ) s Town of FOUNTAIN HILLS 4' tt1 1959 o. (kat is Anti°o October 19, 1998 Mr. Jerome Quinn LaVida Buena HOA 16262 E. Rosetta Drive, #53 Fountain Hills, AZ 85268 Re: Perimeter landscaping and sidewalk on El Lago and Mary Munde Gentlemen: The Town would like to thank the Association, its President and landscaper for your excellent cooperation and assistance during the Town Center I project, wherein we made improvements to your Fountain Hills Blvd and Avenida Vida Buena frontages. As you know, the Town Center II project is now under construction. Once again, the Town would ask for your assistance and cooperation in providing a complete and excellent project for your residents. We would propose the following: • El Lago Blvd will be a major collector roadway. The roadway will be 52' to 64' wide back- to-back of curb with a landscaped center median, and a 6' wide sidewalk on your side. The Town would propose to make the sidewalk on your frontage meandering away from the back of curb to provide a more small town/suburban look. In order to do this, we will need a 10' sidewalk easement from the homeowners association. A grant of easement form and exhibit map are attached for your review, approval, and signature. • Center median landscaping: The Town will landscape, operate, and maintain the center median landscaping on El Lago in accordance with our current standards. • Frontage landscaping: The Town will landscape the LaVida Buena frontage along El Lago including placement of granite to match your existing. and will plant trees, shrubs,cactus,etc as mutually agreed upon. The Town will extend your irrigation system to water these plantings. LaVida Buena will then need to assume operation and maintenance responsibility for the irrigation and landscaping on your frontage. • Mary Munde landscaping: MCO, as a part of the Town Center II improvements, will be constructing an 8' wide sidewalk along the west half of the Mary Munde frontage. This will not be a vehicular access route and it will be titled "Mary Munde Walk". It is our understanding that an abandonment request for the east half of the 84' wide Mary Munde La Vida Buena Frontages.doc 16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(602)837-2003-FAX:(602)837-3145 I Chron 3-1 (WY right-of-way may be eventually applied for by MCO or their eventual lot buyer(which we have been advised is currently planned to be the Catholic Church). The Town will construct landscaping along the Mary Munde Walk frontage west of the 8' sidewalk, including granite, trees, shrubs, cactus, etc. The Town will connect these landscaping features to your existing irrigation system. LaVida Buena HOA will then need to assume operation and maintenance responsibility for the landscape and irrigation. A temporary construction easement for this work is also attached for your review, approval, and signature. We would like to meet with your representatives regarding the design and layout of the irrigation, landscaping, and sidewalk along your two frontages, at your earliest convenience. Feel free to call either Tom Ward or myself if you have any questions prior to meeting. Thank you for your attention to this matter. urs very t ly, (Y.4 Ra dy . Harrel, .E., L.S. Town Engineer bb (kw att. cc: Dan Schmerfeld Jeff Valder Dan Kelly Harold Ellis/Markham Loras Rauch/Church of the Ascension Elmer Heirigs, President/LaVida Buena HOA Ted Cash, Manager/LaVida Buena HOA ,F Ia Vida Buena Frontages.doc Chron 376 LP' TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayo nd Town Council FROM: Randy H el, n Engineer ;/I� id(4 -e-z8B THROUGH: Paul Nort4i. , n anager DATE: November J5, 1998 RE: Electrical Projects: Kiwanis Parking Lot Lighting Town Entrance Signs Lighting Staff requested written quotes on both of the above projects from four (local or locally active) electrical contractors. DnD Electric had the low proposal on each project. Staff plans to issue a purchase order to DnD Electric on each project, as follows: • Kiwanis Parking Lot Lighting $16,375 L, • Town Entrance Signs Lighting $13,200 Because these purchase orders would together add up to more than $20,000, and will be issued in close time proximity to each other to the same contractor, staff wanted to make sure the Council was fully advised on these items. If the Council would like to have a public briefing on these projects, or to provide official direction to staff, we would be happy to agendize this. Otherwise, no Council action is needed; staff will proceed to issue the purchase orders. c Electrical Projects Awards.doc