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Home My WebLink About2000.0420.TCREMP.Packet 'VAIN�. �o . til NOTICE OF REGULAR AND EXECUTIVE SESSION o = OF THE % Esc i• • t 0 `�tbaris � FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Vice Mayor Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Councilman Mower Councilwoman Hutcheson WHEN: THURSDAY, APRIL 20, 2000 TIME: 6:00 P.M. (the regular session will begin at 6:30 p.m.) WHERE: **FOUR PEAKS ELEMENTARY SCHOOL ACTIVITY ROOM 17300 EAST CALAVERAS AVENUE (**PLEASE NOTE LOCATION CHANGE) RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It 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 • ROLL CALL 1.) Pursuant to A.R.S. 38-431.03.A.1; VOTE TO GO INTO EXECUTIVE SESSION for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting. The Council will be interviewing Magistrate Stuart Shoob regarding his possible reappointment. Town Council Meeting Agenda Regular Session April 20,2000 2.) RECESS THE EXECUTIVE SESSION TO CONVENE THE REGULAR SESSION. • CALL TO ORDER—Mayor Morgan Lie • PLEDGE TO THE FLAG— • INVOCATION—Councilwoman Sharon Hutcheson • 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 Agenda and considered in its normal sequence on the agenda. *1.) Consideration of APPROVING THE MEETING MINUTES of April 6 and 12, 2000. *2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Daniel Levato for Che Rios located at 16720 East Avenue of the Fountains. The application is for sale and transfer of an existing Class 7 Beer and Wine license. *3.) Consideration of AWARDING THE BID to Bonafide Improvement Company for improvements and repairs to the Town-owned Community Theater building in the amount of$64,608.22. (Project#ADM2000-01) *4.) Consideration of RESOLUTION 2000-18,abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the easterly and southerly property line of Plat 505-C, Block 4, Lot 10 (16247 N. Boulder Drive) as recorded in Book 158, page 42 records of Maricopa County, Arizona. (Matt&Vicki Geretschlaeger EA 00-13) *5.) Consideration of RESOLUTION 2000-19 abandoning whatever right,title,or interest the Town has in certain public utility and drainage easement located along the southeasterly property line of Plat 102, Block 3, Lots 1 and 12 (16640 and 16654 E. Palisades Boulevard) as recorded in Book 142, Page 12 records of Maricopa County,Arizona. (Aslan I, Inc/John A. Gilligan EA 00-14) *6.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit AGW Lamont Condominiums, located at 12023 Lamont Drive,Case Number S2000-006. *7.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Cameo Court Condominiums, located at 14041 Cameo Drive, Case Number S2000-014. *8.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Javelina Heights Condominiums, located at 14253 N. Ashbrook Drive, Case Number S2000-016. *9.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Ashbrook Condominiums II, located at 16713 Ashbrook Dr., Case number S2000-013. *10.) Consideration of the FINAL REPLAT for Plat 111, Block 7,Lot 16 and Ashbrook Condominium II,a lot line adjustment project, Case number S2000-012. *11.) Consideration of the FINAL REPLAT of Lots 15 & 16, Block 1, Plat 430, a lot join project located north of El Pueblo and east of Fountain Hills Blvd. Case#S2000-020 *12.) Consideration of APPROVING CONTRACTS for engineering services with CK Engineering and Burgess and Niple. Town of Fountain Hills Page 2 of 3 Last printed 04/20/00 2:43 PM Town Council Meeting Agenda Regular Session April 20,2000 13.) Consideration of REAPPOINTING Stuart Shoob to serve as Magistrate for another two-year term. kr 14.) Consideration of RESOLUTION 2000-20 ordering the sale of $3,700,000 principal amount of Town of Fountain Hills, Arizona, General Obligation Bonds, Project of 1999, Series B (2000), designating an officer to declare official intent of the district with respect to reimbursement from bond proceeds pursuant to Treasury Regulations Section 1.150-2; and declaring an emergency. 15.) Consideration of AWARDING THE BID to Target General Inc. in the amount of $5,034,000 for the construction of new Town Center Complex including the community center and the library museum. 16.) REPORT on the Golden Eagle Park dam by Maricopa County Flood Control. 17.) Discussion and possible action regarding the SELECTION OF A QUALIFIED PERSON to serve the remainder of the term of Councilwoman Wiggishoff. 18.) Consideration of APPROVING the Town Attorney's letter to the Arizona Corporation Commission supporting the acquisition of Chaparral City Water Company by American States Water Company and directing staff to submit the letter on behalf of the Town Council. 19.) Consideration of the PRELIMINARY PLAT for the proposed 4-lot, 5.9224±acre subdivision to be known as The Plaza Fountainside, located at the northeast corner of Saguaro Boulevard and El Lago Boulevard (previously known as the Village Bazaar)Case Number S2000-008. 20.) Discussion of and POSSIBLE ACTION ON PROPOSALS FOR THE COMPROMISE AND SETTLEMENT OF LITIGATION between the Town of Fountain Hills and MCO Properties. 21.) Consideration of RESOLUTION 2000-17 abandoning a portion of the Laser Drive right-of-way, all of the Cosmic Drive right-of-way, and the abandonment of alley rights-of-way in Plat 412-A. 22.) Discussion and POSSIBLE ACTION REGARDING APPROPRIATION of $987,000.00 of public funds for economic development in connection with the Barclay project. The applicant has requested that the Council consider an appropriation of funds over a period of time to assist in the creation and enhancement of the economic welfare of the town. 23.) Consideration of a CUT AND FILL WAIVER APPLICATION for the project known as the Shea Retail Center, a proposed 36.42± acre development, located south of Shea Boulevard, west of Saguaro Boulevard, and north of Laser Drive, Case Number CFW99-08. 24.) Consideration of the PRELIMINARY PLAT for the 9-lot, 36.42± acre Shea Retail Center, located south of Shea Boulevard, west of Saguaro Boulevard, and north of Laser Drive, Case Number S99-040. 25.) CALL TO THE PUBLIC 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. 26.) ADJOURNMENT. jx,414A DATED this 19th dayof A ril 2000. \ Cassie B. Hansen, Director of Administration/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. Town of Fountain Hills Page 3 of 3 Last printed 04/20/00 2:43 PM MEMORANDUM cor TO: THE HONORABLE MAYOR AND T CO C61t/ FROM: PAUL L.NORDIN,TOWN MANAGER DATE: APRIL 14,2000 RE: MANAGER'S REPORT FOR THE APRIL 20th COUNCIL MEETING Reminders: The first Executive Session of the evening will be held immediately before the regularly scheduled Council meeting at 6:00 p.m. in the Jury Room. A second Executive Session is on the agenda to take place after the Council meeting on Thursday. Another Executive Session is scheduled for Wednesday, April 19th, at 5:00 p.m. in Conference Room C to interview replacement Councilmember candidates. Applications will continue to be received until 5:00 p.m. on Tuesday. Staff will arrange candidate interview times and distribute the applications and timetable to you on Wednesday. CONSENT AGENDA: There are twelve items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM# 13 - CONSIDERATION OF MAGISTRATE'S TWO-YEAR RE- APPOINTMENT: Information regarding this agenda item will be provided to you early next week. AGENDA ITEM# 14 - RESOLUTION 2000-20/G.O.BOND/TOWN LIBRARY & MUSEUM: Last year, Fountain Hills voters approved the sale of $3,700,000 General Obligation Bonds for the purpose of financing the construction of the Town Center Library and Museum project. Resolution 2000-20 is the first of two resolutions that must be adopted by the Council in connection with the sale of the G. O. Bonds. Please see enclosed material from Cassie and Scott Ruby. AGENDA ITEM# 15 -BID AWARD FOR TOWN CENTER COMPLEX: This information will be distributed to you early next week. coo Town Manager's Report April 20,2000 Council Meeting Page 1 of 2 AGENDA ITEM# 16- GOLDEN EAGLE PARK DAM REPORT: Representatives from the Maricopa County Flood Control District will give a brief presentation on the Golden Eagle Park Dam project status and upcoming construction schedule. Mr. Tom Renckly, Project Manager, and a consulting engineer from Stantec Consulting, Inc. will be available to answer any questions you may have. Please see Jim's attached memo. AGENDA ITEM# 17 - ANNOUNCEMENT OF APPLICANT FOR COUNCILMEMBER REPLACEMENT: Applicants for the Town Council position to serve out the last two years of Councilmember Wiggishoffs term will be interviewed on Wednesday. The appointment will be made at Thursday's Council meeting. The individual appointed will then be sworn in at the May 4th Council meeting. The term will be from May 4, 2000, to June 6, 2000. AGENDA ITEM# 18 - PRELIMINARY PLAT/PLAZA FOUNTAINSIDE: Approval of the preliminary plat for the "Plaza Fountainside" four-lot subdivision, totaling 5.92 acres, is requested. The development is located at the northeast corner of Saguaro and El Lago Blvd. The Planning and Zoning Commission recommended approval with 16 stipulations. Dana's report is enclosed. AGENDA ITEM# 19 -DISCUSSION OF MCO SETTLEMENT PROPOSAL: thrr MCO has requested and the Manager has granted MCO permission to present their McDowell Mountain proposal at the Council meeting. In addition, the Town Attorney and I have prepared an alternative proposal for the Council's consideration. We have entitled our proposal the Manager/Attorney Proposal (MAP). We have enclosed a copy of the staff report as well as a summary of the proposal in this packet. (IT ALSO SHOULD BE NOTED THAT ALL OF THIS MATERIAL WAS DELIVERED TO THE TIMES AND WILL APPEAR IN NEXT WEEK'S EDITION.) AGENDA ITEMS #20 THROUGH#23 - ITEMS RELATING TO THE SHEA RETAIL CENTER: The Barclay Group is contemplating a request that these items be removed from the agenda. They will make a final decision on Monday. As soon as we are informed, we will pass this information on to the Council. AGENDA ITEM#25 - EXECUTIVE SESSION WITH TOWN ATTORNEY: Bill Farrell will distribute this information to you next week. L Manager's Report April 20,2000 Council Meeting Page 2 of 2 Interoffice te Memo • To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: 04/14/00 Re: AGENDA ITEM #2 - CHE RIOS LIQUOR LICENSE AGENDA ITEM #3 - THEATER IMPROVEMENTS BID AWARD AGENDA ITEM #14 - RESOLUTION 2000-20, LIBRARY/MUSEUM BONDS AGENDA ITEM #15 - BID AWARD FOR COMMUNITY CENTER COMPLEX AGENDA ITEM #2—CHE RIOS LIQUOR LICENSE APPLICATION: Daniel Levato has ubmitted an application for a Class 7 Beer and Wine liquor license for Che Rios located at 16720 . m •untains. A Class 7 license is a quota license. Since no new licenses are - ®urchased and then transferred from person to person and/or location to w •ve on and off-premise retail privileges. Mr. Levato purchased the license -�o e,,Ce:a Tr-- ;,-staurant, the former occupant of the building. Class 7 licenses are Ire to the 30 -foot rule reel . li,churches and schools and the location of Che Rios is in compliance '• .his requirefj o � � �h ory twenty-day period and no written pro/con arguments were a - !er has performed his background investigation and forwards a fa •r !"-—-:--8� - i Q. -d •tutory compliance. Community Development Director Jeff Valder e' e ----t th-. ! •--..•-rop a the requested use. Staff recommends approval. D ITEM # ,3�-AWARDI E BID FOR THE THEATER IMPROVEMENTS/REPAIR: In °•:2° 0 �� ouncil approved an amount of $67,500 for some major repair work and enhan �. to e - ilding. This work includes replacing the overhang above the main entrance that is se • , a •uildin wideningand replacing the door, enlarging and coveringthe entryway 9� P 9 9 9 porch, and removing and replacing the ramp in compliance with ADA requirements. The project was advertised and attracted two bidders: Bonafide Improvement Company $64,608.22 Agate, Inc. $84,000.00 Staff has supplied Bonafide Improvement Company, the low bidder, with a written list of conditions that must be met prior to the award of bid. These include supplying the Town with such documents as a certificate of insurance, workman's compensation certificate, Fountain Hills business license, list of subcontractors and Page 1 of 2 April 20,2000 Agenda Items Last printed 04/14/00 4:20 PM 04/14/00 April 14,2000 performance bond. If these conditions are not met prior to the Council meeting, this item will be removed from the agenda. Included in the packet is a copy of the contract the Town will enter into with Bonafide if ikw the Council awards the bid as presented. If all of the required items are received, staff recommends awarding the bid for Theater repairs/remodeling to Bonafide Improvement Company in the amount of$64,608.22. AGENDA ITEM #14— RESOLUTION 2000-20, LIBRARY/MUSEUM BONDS: Staff met with Bill Farrell and bond attorney Scott Ruby on Thursday, April 13 regarding the Community Center Complex project and the various issues involved with the bid award and financing mechanisms. Mr. Ruby explained that the bid could be awarded prior to the sale of the bonds by executing a simple resolution declaring `official intent under Treasury Regulation Section 1.150-2 to reimburse an expenditure with proceeds of tax-exempt bonds." This basically states that the Town will reimburse itself for any expenditures made on the Community Center Complex project prior to the sale of the bonds in June. Approval of Resolution 2000-20 accomplishes two things: it orders the sale of $3.7 million general obligation bonds and allows for the award of bid on April 20th by declaring the official intention of the Town to reimburse expenditures with the Bond proceeds when sold. Mr. Ruby has provided a brief cover memo regarding Resolution 2000-20. Staff recommends approval of Resolution 2000-20. AGENDA ITEM #15 - BID AWARD FOR COMMUNITY CENTER COMPLEX: April 6 2000 made many people smile when the bids for the community center and library/museum (now referred to as the Community Center Complex) were opened and it was clear that they had come in well under the architect's estimate and within budget. A total of eleven bids ranging from $5,034,000 to $5,465,000 were received. Included in the packet is a list of all the bidders, bids and the architect's recommendation that the Council accepts and award the project to Target General Inc. in the amount of $5,034,000. Rob Dietz received a break down of the bid from Target General indicating the separate costs for the community center and the library/museum. The amounts are as follows: Community Center $3,178,900 Library/Museum $1,855,100 This award will be for the first phase of the project that includes the construction of the two buildings. The second phase will be for all of the site work including parking lots and landscaping as well as the furniture, computers and books for the library. The architect's estimates for phase two are as follows: (These figures do not include the cost to sell and issue the bonds.) Community Center $1,241,100 Library/Museum $1,296,600 From a budgetary perspective, these projects are doing extremely well. As the architect, designer, coordinator and "keeper of the budget", Rob Dietz will be at the Council meeting to present this item. Staff supports the architect's recommendation to accept the base proposal submitted by Target General Inc. in the amount of$5,034,000. L 2 FOUNTAIN HILLS MEMORANDUM TO: Cassie Hansen,Town Clerk FROM: Steve Gendler,Town Marshal DATE: March 30, 2000 SUBJECT: Liquor License Application—Che Rios The purpose of this memorandum is to provide the results of a background investigation regarding the attached liquor license application from Mr. Daniel Levato. The application is for a transfer of a class 7 license issued to Joseph Eid, former operator of the "Cedar Tree Restaurant" to the applicant for his new restaurant, "Che Rios". The license will be used in conjunction with the business to be located at 16720 Avenue of the Fountains. It is my understanding that this application is scheduled for consideration by the Council at their April 6th meeting. Background Investigation This application reflects the sale and transfer of an existing Class 7 liquor license held by Mr. Joseph Eid and currently issued to "The Cedar Tree Restaurant" for a proposed new business called "Che Rios", a restaurant located at 16720 Avenue of the Fountains. A Class 7 license allows on premise sale of beer and wine as well as a beer and wine "to go" privilege for take out purposes. A Class 7 license under state statute ARS 4-207A is a "quota" license with no new ones available in Maricopa County. Therefore, a transfer from one person or business to another is common with this classification. A Class 7 license is prohibited within 300 feet of a church or school. The local jurisdiction also has to decide whether or not there is a proliferation of liquor establishments in the vicinity. A review of the location indicates that there are no churches in the vicinity. However, contrary to the applicant's listing, there are eight establishments authorized to sell liquor within a half mile radius representing class 6(1),class 7 (2),class 9 (1),class 12 (3)and a class 14. The applicant, Daniel Levato, and his partner Carmen Levato, comply with all state regulations relating to residency. Based on the information provided, I have conducted a background check that revealed no wants or warrants on either. However, Carmen Levato-Valle lists an Arizona Drivers License when in fact the record shows that this is an id card only. In addition, her name is listed as Carmen Cecilia Valle-Guerrero with a DOB of 11-21-66 rather than 11-21-67. Daniel Levato lists a pending misdemeanor assault charge currently under judicial review. However, nothing in title 4 prohibits granting a license unless arrests are for felonies or alcohol related violations. The facility itself is located at 16720 Avenue of the Fountains and has served as a restaurant under two previous owners. The proposed use is consistent with zoning and the character of the area. In addition, there is a current Fountain Hills Business License,#3080,valid through 1/31/01. Recommendation Despite several errors on the application form, this business, a restaurant in the developing downtown area, should be an asset to the community. Based on compliance with ARS 4-207A, and with the stipulation that Carmen Levato-Valle (listed as a corporate partner) be required to provide the Marshals Department with positive identification to verify the background check, I recommend approval by the Council. Steve Gendler Marshal L L ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL �1,,� � RECEIVED 800 W Washington 5th Floor � Z L I I L.i '>'�.r 1,� 400 W Congress#150 Phoenix AZ 85007-2934 MAR 2 8 2000Tucson AZ 85701-1352 (602) 542-5141 L 1 n, • P UNTAIN HILLS (520) 628-6595 (iiv. Y L i i 20TowN CLERK APPLICATION FOR LIQUOR LICENSE ,,90 st- u a+� 3 —k`f—o n TYPE OR PRINT WITH BLACK INK r cl 30— OM Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof oattendance within the last five years. See page 5 of the Liquor Licensing requirements. ih. O .7 Co SECTION 1 This application is for a: SECTION 2 Type of ownership: I INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 ❑NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 ❑INDIVIDUAL Complete Section 6 {"\ PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 U Complete Sections 2,3,4,11,13,15,16,17 jaCORPORATION Complete Section 7 *LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 ❑CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) ❑TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4,10,13,15,16,17 0 OTHER Explain SECTION 3 Type of license and fees: LICENSE#: Gi 7/9 7///,/ 1. Type of License: o'`% 2.Total fees attached: $ 5. 66 APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE)ARE NOT REFUNDABLE. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) cCTION 4 Applicant:(All applicants must complete this section) Mr. V c i0 1. Applicant/Agent's Name:Ms. 42 'L1 ki , ( (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnershi /L.L.C.: eh..A: 6? '" (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: Ole i t G S (Exactly as it appears on the exterior of premises) 4. Business Address: / .72.0 r. A fir /y p€-- )/� //ff�}�/ y/ j��$ / C.-�\ i V�.+. ('(J G3: /crc.n 7 i f.7i �1'^� Flii/'� '/9 IT �'�16 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: ( v ) S')A 12_`f 5 Residence Phone: (f 4�C ) t 4 — 3,e f c( 6. Is the business located within the incorporated limits of the above city or town? YES ONO 7. Mailing Address: 4 e0. i Y -2 y_3 'cc v ,--(,;., 1--///A Az-. t T Z(-, ci City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ 2f 0 0 0 .0 0 (Price of License ONLY) DEPARTMENT USE NLY� Accepted byL`e��a�.-�--� Datet..'� ' Lic.# � ��C 1/ Fees: J a i%Z 1%C2 6' - _ ,,cT271' r; Application Interim Permit Agent Change Club F.Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS,AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING,ETC.,BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/1999 *Disabled individuals requiring special accommodation,please call the Department. SECTION 7 Corporation/Limited Liability Co.:' EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACt CARD. CORPORATION Complete questions 1,2,3,5,6, 7,8. ❑ L.L.C. Complete questions 1,2,4,5,6, 7 and attach copy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: 01 e. 671 c.) 5 (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: C.0 I' be) State where Incorporated/Organized: 3. AZ Corporation Commission File No.: c6 1 07S? Date authorized to do business in AZ: 9/l 4. AZ L.L.C.File No: Date authorized to do business in AZ: V/ ? 5. Is Corp./L.L.C.non-profit? CI YES NO If yes,give IRS tax exempt number: '/9" 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip v:1i o VC/dirz. 6- Sec, C 733 :- eu.: '. (0,.r lrCq //.e Co4rvL.g c, C Vif Sr l / 33 . t1 " Cr I ka' "&, I i,O i S. , (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10%or more: Last First Middle %Owned Residence Address City State Zip I V'-" J— ?•llll 4: / _ v� i C.i'.� ®l C� :s tr a..="7":..,n'/i/,J�•' ... �j% 4" 4 .-�,/ ie � r��.�,� t7 33 . cr>f~ fit` % % (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C.is owned by another entity,attach an ownership,and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑YES ❑NO If yes,give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip _ a (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1 current Business and Address: Cactly as it appears license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License N 1'.:r: r. ;enewal Date: 4. What date do you plan to p . What date do you plan to open? SECTION 13 Questions for all in-state applicants: 010v- oT 1. Distance to nearest school: 3 Ar ft. Name/Address of school: 4 S 5.-w ' 0—, (regardless of distance) 26 f - /1 FOocA.T;K ( I6c Wticif F f-1, 2. Distance to nearest church:31l ft. Name/Address of church: �,+4 �rt ` A Scha (regardless of distance) xlz In /-l.1/ 3. II am the: LESSEE ❑SUBLESSEE ❑OWNER ❑PURCHASER(of premises) 4�Ithe premises is leased give lessors name and address: Tc. 5 y /6 S( C. PGt c" '--01, le,Hdt / 4a. Monthly rental/lease rate$ 2'2-c'0 . What i the remaining length of the lease? yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ or other (give details-attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ --AO-- Does any one creditor represent more than 10%of that sum? ❑YES,'NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) to "'"r-- 7. Has a license,or a transfer license for the premises on this application been denied by the state within the past one(1)year? ❑YES NO If yes,attach explanation. 8. noes any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? DYES ONO 9the premises currently licensed with a liquor license?gYES ❑NO If yes,give license number and licensee's name: it 07 07 C s(3 1 (Exactly as it appears on license) )—c.5 E t dl 5 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. 'st below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. ilow 1 Apip`Po4.. , ? 2. Q.,) 6k., -) b Gee r.„") 'la NT 3 /12c{, C C fr, ( es7 ! . — l 4. r1=,Ncii, t/li—\1 6 �I (,,... "' 5. SUDc1r e/hi 4 -70 7 6. r2)ksh6s 7 Z 7. Cil, Il ma(k 64,)) wiz 8. L09e,, GVon et4-(17 ,z 9. A , Y 10. 11. 5- 3. 12. 13. 14. LCHADDITIONAL SHEET IF NECESSARY) A=Your business name and identify cross streets. SECTION 17 Signature Block: I, A )6:t4 " J (," 1e `` ,declare that: 1)I am the APPLICANT(Agent/Club Member/Partner),making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application;2)I have read the application and the contents and all statements are true,correct and complete;3)that this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor;4)that no other person,firm,or corporation,except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members,officers,directors or stockholders listed have been convicted of a felony in the past five(5)years. State of 4 7 County of rVI(V1 it(rcq X /424The foregoing instrument was acknowledged before me this (Signature) n ( . day of r v i,Oth&h 14 ) =' Day of Month Month Year 6 -71,Vo�n tit biw Su-,f Lxf .'1.1 My commission expires on: I =r ��J fi 1� s ` 4 ' L ` I (Signature of NO Y PUBLI L ' AKIGUNA DEYAR'i'MENT OF,LIQUOR LICENSES & CONTROL �yi;c�rr�y. 800 W Washington 5th Floor �4 t. 400 W Congress#150 Phoenix AZ 85007-29347 'L' 4!( �•y Tucson AZ 85701-1352 (602) 542-5141 ;44t.p�~ (520) 628-6595 V111 I st;.- 3S e,... 1s'a �" QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) / TYPE OR PRINT WITH BLACK INK / %,,f,/,5- 1. Check appropriate (Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) / Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: /-e v c( i ,.. .r VI --a--. — ( 6—, Date of Birth: /3 Srei Last First Middle 2. Name of Licensed Premises: C n e q t c5,—) S Premises Phone: (yS U ) Si 4 - 12 y S� 3. Licensed Premises Address: l 677.O E 4U of the, :,,„ zt i ti 5/F H/ Liquor License#6�7 070 i&/ Street Address (Do not use PO Box#) City County Zip (If this lrration is currently licensed) 4. Drivers License#: S 1 Z 3(7 9 7 5 C, State AZ Residence Phone: ((/5'O) .f/ 6 -3 5-q' . Weight: I O Eyes: 6 t". Hair: i r r' Place of Birth: ��,c cc 9 G '� (11lwp j , // ) r/ City State 5. Name of Spouse: 1,'2uC10D— V I re G re -'. (�z.c'1,.. Date of Birth: /1 /2 )J 4 7 Last Fast Middle Maiden 6. You are a bona fide resident of what state? 4r I z o v►c--. If Arizona,date of residency: /9 3 5- 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5)years,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) torn- CURRENT C A ''— a - 72� �( eve 6ra Q �f 1'/4y t� (ATTACH ADDmONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO Month/Year Month/Year RESIDENCE Street Address City State Zip ✓ %/y5- CURRENT 1733% r 13,,4, at.,_ �,,.....4,,t, )7/Xi, 1= ri , ; y5-L4 litiw IIC 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 • . . • . . . c...) I 12-Ve .e,...."" i ,g,1.1 e 6 \efil 1 si-t- rf.-. f----. 4' • /.../../,-› (:, (6,I.g.q r--8Q4" , , 0 / 0,-) ,..-- Locct \,,\ iio ,....-c._ 1.• ( ' le I 711- ,\,...m 0 qv) ...., . . ' 4 194 C N. 6) r er -c. is >, CCt 3 k-"*Ii:::::-;,-:::::::::.-1,-::::::: /6t. .k9 '-... .-.. ::--- :::::::-.-...--.::-----:: ,..)-7ma"- : ::.::.;;Fkk...::•--_-_-:-..-::,:-.---,-:-..:--- ---.-:-.-.--.----.:.:--- --- - - - 1 A_ft°c 0 n 7 _..."-,,----,--.0„,,,,,,,:„...„-,,,,,,,,,,,.,-;,._:-- : 37325,,:i....:'-`3..?:F.: ;..:::::,::::::.-.7:57---,..-:-.i.,,..,:,-,,...-....:-,:::.-..-__-:,:-.....„ -"-.-:.- -,---:-.K2i.i'f,---77?--_,-.7:,,,:---„,::".::•-...---::::::-T,--:Ki--:.---...----:,'--.-'•.----.::' -.-i 1 C // '4-7 'T 0 c Cc(il 3 - . . . . , _ g--- ... . .- .., , ., ,. ,i, ( . ! /j21 il 1 • . - ' ...,, . . . . _ _-.., ...... .,.' . -- , ':::,..-:::-;;-*"::.-7:.,,..Y:!:-::-...-:,,T.:::•::-..-_-:c.,::-:"--, ... ..-.......,..,.-..,.......,..,....r.---:,....^.....-,-...-. , ..,::i::•.:::.::..::::.-:..7.::::',:',,--.77:'- , . Loy • rx1.1z..dvi Irk 1l1ii.i-,r i lvir,iN 1 jr Ll(2 U vx L1CL1NJLJ & CONTROL • 800 W Washington 5th Floor it 400 W Congress#150 Phoenix AZ 85007-2934 q. \� Tucson AZ 85701-1352 (602) 542-5141 ,q¢ Io 't, (520) 628-6595 L QUESTIONNAIRE READ CAREFULLY,THIS INSTRUMENT IS A SWORN DOCUMENT An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSOP COMPLETING THIS FORM MUST SUBMIT AN"APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEFT. FINGERPRINTING MUST BI DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a$24.00 processing fee for each fingerprint card submitted. A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK I Q,�6/ '' 1. Check appropriate X Owner,Agent,Partner,Stockholder,Member or Officer 0 Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: k vr. - 04/.4 r c„,v1/4,, 6 Date of Birth: J//2-1/b 7 Last First Middle 2. Name of Licensed Premises: C ke. 0 i G S i 2 y r Premises Phone: (:rO _816 $'Itf' 3. Licensed Premises Address: /G 72 0 l- ,11k' a e p-c, ,-f-.a.,is FiM1 ;, < 111--- quor License#(7)/220/81 pp Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#: O i 1 I 35 Q 5- State ,I. Residence Phone: (4f' L.' ) C-i (o - 3 S- q y Height: S 49 Weight: ( Y. Eyes: &- .1 Hair: 6,-,...„, Place of Birth: L c+5 /tio Of;s Srh4./vc, l r City State Name of Spouse: /se'v , - l/Tc n.. I G.- Date of Birth: 3 /"Z 3/5", Last First Middle Maiden d 6. You are a bona fide resident of what state? I I .. If Arizona,date of residency: a//51/6 7. If you have been a resident less than three(3)months,submit a copy of driver's license or voter registration card. 8. Indicate your employment or type of business during the past five(5) ears,if unemployed part of the time,so state. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) 9 CURRENT $5� C. r( _ �crin.� 15 e4._ Jgy,z fs ft,.� t67zk, c a K)61,, aE 5- 5 O1 evn. fo ecj /733C 5.- /3 , ,-, dr- (ATTACH ADDITIONAL SHEET IF NECESSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip b CURRENT ('-) 3 3 c 1- , is ,r,, a r Fe,„,,-1v;K,t•-;/la F h 4 - IS L4 V qs— g (D /-q- 2_1-7,, iti, kJ e.--)+14-.4/A e's-4- .-- 1--- fri 4-) 55-2 % (lbil LIC0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 iIv1JT-e-5 pT , C_I1?e ( I05 f h1-. a-,co-.,s -lam-, L . Z 110 Lie,/9 0,142e-i-o,> was c._ct 11.E c4 n To o c�er bi► ,�__uh tilt✓i S ,,, kir �/j'�C(3 J ¢ ��. i.Yf i. i 3 b.,i� t' R�`� Ci 9 O 0 , ±A F011 c, 0,j 0 i cc", .5 ire„,� r€ P 9 Patir;J 6-, /eict-F6 5E..,.7,4-:.J 0fc,lkJ' 04— U (5(_(.1 sre) wc:t) flee nreosf,5 4 /114.51ICCt,/1 AUc,A reS7o0�cn`/ ci,, -t %i!./'to,- tr, -F,„,,„"TziY^-, /-0/5 , U0 't-es t,t.dette r� , r No O *&e'r 1fe s 61h - ti utyev►c14,. LAier.fi( ) rx © rhe &,I oil- q ° 1 c /� J L., i'-1 rtve re CE 1 v i,') A5'StC-4 e r C I) z Lbs 1:.., yr 1 r-47-.� j s Sic , ) ., r/ _ .. - 9 ,. 6tv►1e- ( 6-- 1,4_,V_1(J L„, Chron 64 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Conde! ria, Civil Engineer YYr REVIEWED: To rd, I erim Tow gip�r THROUGH: Paul. Town Manager DATE: April 1112000 RE: Easement Abandonment 00-13; Resolution 2000-18 Plat 505-C, Block 4, Lot 10 16247 N. Boulder Drive Matt&Vicki Geretschlaeger 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 easterly and southerly property line of Lot 10, Block 4, Plat 505-C, (16247 N. Boulder Drive) as shown in Exhibit "A". The property owners of Lot 10 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 westerly 20' of the southerly 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 10 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 2000-18. cc: M/M Geretschlaeger M/M Stachour M/M Ratchup &J. Coleman L G:IEasement Memo'EA00-13,Plat 505-C,Blk 4,Lot 10(16247 N.Boulder Dr.)Geretschlaeger When recorded, return to: Department Lngineering own of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-18 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 EASTERLY AND SOUTHERLY LOT LINES OF LOT 10, BLOCK 4, OF PLAT 505-C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, 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 ,'HEREAS, 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 easterly and southerly property lot lines of Lot 10, as shown in Exhibit A; of Plat 505-C, Block 4, Lot 10, Fountain Hills, Arizona; as recorded in book 158 of maps, page 42 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 10 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 2000-18 PAS„ AIL y -ao-dD Page 1 of 2 MOTION 4- SECOND C v� COUNT PASSED AND ADOPTED this 20 day of , ' _2000. LuEST: FOR THE TOWN OF!FOUNTAIN HILLS u i' r l (14:4-- / / Cassie B. Hansen, Town Clerk ' Sharon Morgan, May o Y REV ED BY: APPROVED AS TO FORM: "fr;XetAL 5Pe-eA<f aul L. N r in, Town Manager William E. Farrell, Town ttorney L Resolution 2000-18 Page 2 of 2 5 i' •=7.'9:,. `'"*.-27'..:':;.,;:l'..'• . scc)\ •-k:cz .. .. • . 1 •- - •Ou ) s t -,,Co . . /42.7,4e a ° 7. � '�% w L.aT /D w w �Ao O U�b �° rt. %° k . -/y83°2849 E. m c ' --. O • Z U.. 98 063/'/i 86. 5 p\ EAsr }n 6 • C=3/.Z9 25 2 /09./B'• �O d o 23 'o Q • : 959 E• a kc� o o 7.44 0 7 0 EAST . . N • /00.00' I EAs r /5 r 0 • Ili /09 7Q. N o 0 0 22 • RA • o \ °'A 0 8 0 36°/39A• \ o g./6 EAST ° o t /00.00' EAST /6 o //0.30' 0 2/ o o ;.0 9 0\ o N. /02 qj• EAST ,,• o /OO 00 BAST //0 86' \ 1\ c\io � ° o` • _zzo.9z�� 0 20 0 ‘ 1 /0 ;- o`er^ moo. \ �I� � o ?J 00 0• )0 �I ine..-26.1- ` c-� z °E.9sr \� AS b �2 -oN I O '�. °r �fi�� ,8 e.,�ti � o I o Q ao6-,.)a, °ti . /9 o h // h 79 .�ydi isl. 5,' 0, \ o °a a-/75os' `25 Q5 , l-//O.96 D05co 45.0°0 920/ .p -�3Qo . /82 0/ ' -;AP-t-'-..1, Ti6 =e6'S EAST oo o �7 z- 5-a 77' N /'�� .� :._'_p ( v, er I7 O I 's, - , ll J t. Q J .7�H/.t�/T Ai I Chron 65 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art ndel•V, Civil Engineer REVIEWED: To W rd, In ,•rim Town f1ij THROUGH: Paul . • ► , •wn Manager ..F DATE: April 3, 000 RE: Easement Abandonment 00-14; Resolution 2000-19 Plat 102, Block 3, Lots 1 & 12 16640 & 16654 E. Palisades Boulevard Asian I, LLC (John A. Gilligan) 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 easterly property line of Lot 1 and westerly property line of Lot 12, Block 3, Plat 102, (16640 & 16654 E. Palisades) as shown in Exhibit "A". The property owner of Lots 1 & 12 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 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 Lots 1 & 12 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 2000-19. cc: Asian I,LLC Law G:\Easement Memo\EA00-14,Plat 102,Blk 3,Lots 1&12(16640&16654 E.Palisades)Asian I When recorded, return to: Lngineering Department Noolown of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-19 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 EASTERLY LOT LINE OF LOT 1 AND WESTERLY LOT LINE OF LOT 12, BLOCK 3, OF PLAT 102, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 12, 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 /HEREAS, 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 easterly property lot line of Lot 1 and westerly property lot line of Lot 12, as shown in Exhibit A; of Plat 102, Block 3, Lots 1 & 12, Fountain Hills, Arizona; as recorded in book 142 of maps, page 12 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 Lots 1 & 12 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 2000-19 1 Page 1 of 2 ASS/ AIL y T —CZ) ION SECOND 1^— CUUNT PASSED AND ADOPTED this 20'"day of April 2000. ATTEST: FOR THE TOWN OF FOUNTAIN HILLS Cvi4A. 61 Cassie B. Hansen, Town Clerk Sharon Morgan, Mdyor, REV ED B . APPROVED AS TO FORM: rijial,r‘A C").yo,„„,/, Paul . Nordin, Town Manager William E. Farrell, Town Attorney L Resolution 2000-19 Page 2 of 2 .....-- q.69''.6V I v00. • • 'l 0 ,_ of og • pp 00 `tP •V",- -P U. a 6 ! 0p o �- _ 'i27.33 v E �., ao �o I po. _ _ - 1, �9�> o., �` ;p$°°2p' -v, 01 --- 9 ��' o3a I , ;o ° ----- 1� m h200 0 $�� /5 v,\1'° /7 3 °3�' t'qo L:Igh o 00 -� r�= —, )v 1 i ,,,,,,I..0.6. G 11 '' %, - 0 4" /9 c,• 14°yY 3o., L7,0..53 5Qp E_.O, j, P;'. I Q-,0��i'Ip.oO_ 9 �p • Q E • (ft 1 ,,,8•0 ,-65 (07. :8 00 5 a =p8 � z� •o �Z P o 6L: F'¢,6 05 l 1 100.00 r'!77,� p1 c, 1 �'' 6. • �° q, I e.3o'S5 .3l"C</fc, ,tip '• l��' _ / \�r, o`_' 4 ��5"003. L Zp pp �� Z/ ' �0 �Q'�J h00 �1-.ii � • ,o �,.� pp 3 p 0 L 7 2 ,.n7., -- _.,--0 - .E- - At�D 12 fi. p ?z-fY 2 3 `-LJ �ZO (� t 0 p 0 5 iY_d 7°3000.- b 41. U D r 4 100 33.S ,� \ U�I t 0 • ,tip ,w I S-a-,.->, ,,,,.... , E o- ,,, •-' _ .,,• c9 $ ,...... 10 1 -,,... • ;. e 1 o OO 8 p o a • NS� .__ - �R�,: ,-t /I, • n ^ L m a • N N h,O Rd Vj/ • 1i�� b t 2 0 , `.� • —H ,. V iNi v o s �.. t)F$ I' �i 2 // , ,; I r' �- 410OG /ZO.O' o�6�j�, N.j. �. 'o� O' `"' �6, 08• /6000 n c6'0 00 / )„,,k..,,o„0.,,.0.;i-0-1-r;j1r 0 <. 1 • .-i52. 2_._---o ff 00 ,%/ .O..i 0 G- ti I A � ti°,. �, ; 4 moo'/9/,? ' -r1_ ` �._: hti R .R`'1 pN °' 0. O \ h5'• R Ne ,`' moo+ , w ` �/ �' /fl O ems/ h ft co �07:- it _ . .�•, . . \+Oo , N�. — �i ,r ►, �, o TOWN OF FOUNTAIN HILLS 416. MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: April 14, 2000 SUBJECT: Preliminary & Final Plat for "AGW Lamont Condominiums", a 2-unit condominium project. Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by George Williams, which would condominiumize two-units located at 12023 Lamont Dr.,aka Lot 8, Block 1, Final Plat 201. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT April 20, 2000 CASE NO: S00-006 LOCATION: 12023 Lamont Drive, aka Lot 8, Block 1, Final Plat 201. REQUEST: Consider the Preliminary and Final Plat for "AGW Lamont Condominiums", a 2-unit condominium project. PROJECT MANAGER: Dana Burkhardt DESCRIPTION: OWNER: George Williams APPLICANT: George Williams EXISTING ZONING: "R-2" EXISTING CONDITION: Built LOT SIZE: 13,715 square feet SURROUNDING LAND USES AND ZONING: NORTH: Duplex; zoned "R-2" SOUTH: Duplex; zoned "R-2" EAST: Alley/vacant lot; zoned "R-3" WEST: Single family; zoned "R1-8" SUMMARY: This request is for approval of the Preliminary and Final Plat "AGW Lamont Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, George Williams, has chosen to convert an existing two-unit complex and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,610 square feet, a minimum livable area of 1,610 square feet and a covered patio. Each unit will have a one-car garage. The applicant applied for his building permit with Maricopa County, building permit#85-3650. RECOMMENDATION: Planning & Zoning Commission recommends approval of S00-006; Preliminary Plat and Staff recommends approval of the Final Plat"AGW Lamont Condominiums". a i� 1ij'j � • 1a• iyii P !I° n ■ l [a;ii B6i.i+e==iei 1ii x 1iei- - i e:e i _..if-ie• .- i t+S iI .+ i Z �' 4 ; t:j!JI!III ■. t' �td [ Sc ii{{ � .� allC.i :li. t1 ti. � rl 'af 11z =`2 ' siIai. 1aig ti •cl ``1 i ' i ,ta i1 '. a 1 a + = i 111c � ,� �9II i , it a 1.. 1 !tt 1 !• C- ., li." •°}+11 m '! I '11'� yiila O 1: tti Si..1•+vC ii¢� :II 1 li- ! ti ;.Ca d i� 1i+aai 0 ! i t+ �i= iii-i�,:o1 Z I1 lai AI ii1 tie: ii1,A: a,. f:.�id 1ij, .B 8l ail 1.iii i ' 'a°i. 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Yig 01 T N Y 4 Sid r /- .,1 J O 14 O r �.. sot: - :J �p J—.1 C m H • i1 !f{ r1.16 O 3 - a1-oo SZ000 - 006 .1:-,, :f. ..al•I Tet It, • • ~ TOWN OF FOUNTAIN HILLS v..;,..e COMMUNITY DEVELOPMENT DEPARTMENT CONDQMINIUM P iT APP ICATIOI •, . ;._` �' : Date Filed I Fee Paid yt Accepted By F(,,. . // �QCo I1 90eEY) Condominium Name' 64) I ANDA1r covpa initc//vot5 Condominium Address /,O13 4*.0Q,vr .'2't✓ F Fors#7 1v �I«� 2 es,GI Legal Description of Lot/Parcel Being Platted / / / Plat ao/ Block / Lot(s) 8 Parcel Size Number of Units 13 7/s- sd. ,' V. o.3/ 9 ..<s J Number of Tra�ts / Zoning 41,1E /e-,? General Plan Land Use Designation Density Requested (Dwelling Units Per Acre e. V Lc.,; l A ere Applicant Day Phone 11.1 6ep,ece- 41/LLMmI Address City . ST Zip /Geo V 11. /9SPEN lx2. Fov vn}i�v / i s /z fs i Owner Day Phone XeDeesE. eV/LC ,A-AIs or3 - v,340 Address City /Goo y At/ l9sPE.✓ De. 1-. -4 � ST?4 I /, z Zip Attachments (Please list) Pel,C t'', :PV% Pie T' _rkk,,� �toeie 4,1�`�„1 Signature of Owner I HERBY AUTHORIZE (Please Print) Date �C / 2<r TO FILE THIS APPLICATION. o?'//—Od Subscribed and sworn before me this day of 19 My Commission Expires Notary Public Lie (Seal) TFH Case Number Fee Schedule Attached 5 d.C'Ci 0 -- 0 C, TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner silt? DATE: April 14, 2000 SUBJECT: Preliminary & Final Plat for "Cameo Court Condominiums", a 2-unit condominium project. Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Victoria & Kenneth Clausen and Darlene & Michael Anderson, which would condominiumize two- units located at 14041 Cameo Dr.,aka Lot 10, Block 5, Final Plat 104. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L L TOWN OF FOUNTAIN HILLS Lir PLANNING &ZONING COMMISSION AND STAFF REPORT April 20, 2000 CASE NO: S00-014 LOCATION: 14041 Cameo Drive, aka Lot 10, Block 5, Final Plat 104. REQUEST: Consider the Preliminary and Final Plat for"Cameo Court Condominiums", a 2-unit condominium project. PROJECT MANAGER: Dana Burkhardt DESCRIPTION: OWNER: Victoria & Kenneth Clausen, Darlene & Michael Anderson APPLICANT: Same as Owner EXISTING ZONING: "R-2" EXISTING CONDITION: Built LOT SIZE: 14,762 square feet tiaiy SURROUNDING LAND USES AND ZONING: NORTH: Single family; zoned "R-2" SOUTH: Vacant; zoned "R-2" EAST: Single family; zoned "R-2" WEST: Vacant; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Cameo Court Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owners, Victoria & Kenneth Clausen and Darlene & Michael Anderson, have chosen to convert an existing two-unit complex and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,416 square feet, a minimum livable area of 1,343 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit, 1996-1265, on November 20, 1996 and received his permit to build on January 8, 1997. RECOMMENDATION: ,,. Planning and Zoning Commission recommends approval of S00-014; Preliminary Plat and staff recommends approval of the Final Plat"Cameo Court Condominiums". i TAW ' t fierPt TOWN OF FOUNTAIN HILLS Ite,..stoP COMMUNITY DEVELOPMENT DEPARTMENT L Date Filed 3 —3_OO Fee Paid 4. Accepted B yoQ , Condominium Name --C $ M EO ed t'SILT' CD,Jpa M i vrnj Condominium Address /y0 V/ ,r/. e*meo Diei vt , Pov,irh_i4) iti s1 4-2 j's.2 1 Legal Description of Lot/Parcel Being Platted Plat /0 ti Block S Lot(s) /O Parcel Size Number of Units //1 7_ V St7• 7e71'i O. 339ttrrs 4 Number of Tracts s D Zoning_ a General Plan Land Use Designation M U L ri — f'Ad9r4 /Z.. y Density Requested (Dwelling Units Per Acre) S o ; .2 3plicant 10 'GEC 4 4L F viV, GL rQ I/f E4,i Day Phone pARLE E V- ///ce#A-EL Atii>F2s40 / /G - y9 Address �� tr 11 City STZip /ye v/ Al. Cnn9E'O PR• aA»-r s J5ehir-if,AJ 1fic 41 r is--..ul Owner I/iC TDti e}- *- NCtit/Ne Thy/ et r4u SEA/ Day Phone P#9 2t E pi- /I/(W9 Et.._ i¢,JJe,2 ,M- V9a o Address City ,I 0 I ST Zip /yo 9/ . . Cr-,lEo AP. af/r,- t v , ) h'iats itZ 6itsvta Attachments (Please list) DCei cR 40A Pit 71--) -7 , 40p'o'ios✓ PeelleS,,, Si nature f wn I HERBY AUTHORIZE (Please Print) Date ,Ir d04 3 -l-Oa ,' 6tc�_ `-,yl.(Ppf711_0,, , TO FILE THIS APPLICATION. Subscribed and sworn before me this day of 19 My Commission Expires Notary Public L (Seal) TFH Case Number Fee Schedule Attached V) - 0 / ,c / . 3i 0 . 0 4 p 2 II; iii;i« (!Jjj lli i1ii x III ;ti rn 9 -� r!� id i ii HI �� 11111111 F,F A i €i ; Ili10l. i; IX 111�`'1' eEl 9 iiil � lif • > m Lij` a 4 i€i 1€a,glii iII if� Fai . ii ai i. o it S = r.pi 0 igpi i.,1i i! ae oyA et r. cA : L' � t7�_� �E. € 63� �S' QE• ii; 4610, H), m 11 5 lii ' ilii i i .ii 11, 3i3' i4 @iIijt a89 ig 1'iIf @I r iC"i fai .4 : i3 .st i� �. ' ' iE I` i 3ii Al, SI. it till . +� i . ,i > i IC i!ii ! d > . 7-4 t i > i , , > i 3a . aaat. j v 0€[ i i 1 dit1 1g yI r i 11 I I di,I I iixiMi . A# hqh 1 'FZi r I 0, .I/ ri 5`aI i i dJ 3g 111 8 rt a) N 3 O CD / 7 55 API 5 5 i 8Y pilpr c �� / II i 5 q 4 art n O `i 1 R OO/ / :F• 11 Lill ' c R�st a) / i s i s«pis$ ii 41•t i > $p pli r n / s�='1 r�a, RSA o P+ di In• P cq el!, co Ii E. -e i 71 '' 0 (.1',:::c , g'? `c`\ Z ' / •Pgg>d A `.`� —i / F.,.t. �r A / a 0011 ILIPFAIPM § illi—4 1 �.. i 9 : Cco Z 2 r m �' D 5 -Jz. '' ' .. r `::t, n co o > J 1 % I(I ' ii z CO 0 > iA1„4i i{ 0 a ;4e+� r 0 O 111.11j# O K o` �0, • r.. 1 = y`+yd t=oc N O Z li €€a • —Z filr{ n o < 'I 111` b ra N —{ m r � ; s" 0 • i 3 a 'a > b N e' i O TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner , DATE: April 14, 2000 SUBJECT: Preliminary & Final Plat for "Javelina Heights Condominiums", a 2-unit condominium project. Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by John & Ann Brunskill, which would condominiumize two-units located at 14253 Ashbrook Dr.,aka Lot 30, Block 5, Final Plat 111. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT April 20, 2000 CASE NO: S00-016 LOCATION: 14253 Ashbrook Drive, aka Lot 30, Block 5, Final Plat 111. REQUEST: Consider the Preliminary and Final Plat for "Javelina Heights Condominiums", a 2-unit condominium project. PROJECT MANAGER: Dana Burkhardt DESCRIPTION: OWNER: John &Ann Brunskill APPLICANT: John &Ann Brunskill EXISTING ZONING: "R-2" EXISTING CONDITION: Built LOT SIZE: 12,286 square feet SURROUNDING LAND USES AND ZONING: NORTH: Legend Wash/Single family; zoned "R-2" SOUTH: Duplex; zoned "R-2" EAST: Vacant; zoned "R-2" WEST: Duplex; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Javelina Heights Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owners, John & Ann Brunskill, have chosen to convert an existing two-unit complex and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,394 square feet, a minimum livable area of 1,394 square feet and a covered patio. Each unit will have a one-car garage. The applicant applied for his building permit with Maricopa County, building permit#85-6279. RECOMMENDATION: Planning and Zoning Commission recommends approval of S00-016; Preliminary Plat and Staff recommends approval of the Final Plat "Javelina Heights Condominiums" with the following stipulation: 1) Revise Plat to show existing twenty (20) foot Public Utility Easement and Drainage Easement. J,wN4 MiN ; TOWN OF FO UNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT O NDOMINIUNIIP K APP ICATIb N ,`f;.:' _ t K Date Filed Fee Paid Ai �OP r Accepted By 3 - 17 -do Condominium Name 3'4u,t—<1 0A NE/h //Ts evAJPorn lit ur&s Condominium Address s3 A.sh+Bee r De. id v.JTfr.11 Hi L Ls, /-2 f s"o1G) Legal Description of Lot/Parcel Being Platted / Plat /// Block ,S Lot(s) 30 Parcel Size Number of Units 1 14186 sg. 7 ,/o.3 . €,ir 4 Number of Trrats Zoning ,p _.2 General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) 7. 09 vii i5/i9ee t (titiopplicant Day Phone L70 Phi/ Jt-A/4/ ff3 7-7 Yo 9 Address City ST Zip /7os9 4'4-AD Ave-ova 6- ei,/r4-/Ad Pius rf-z J $49 Owner Day Phone s0NA/ 4- 14 /A/ S,evvst,LL .0r37- 7yo9 Address City ST Zip /7059 ,i •VP /4-i/E,1)or it tiri4i j hiIL4s q z tsva Attachments (Please list) e ,^e*1494A PAIL „j^ lie,'em- f)el;c, Signat a Own / 1 HERBY AUTHORIZE (Please Print) Date — TO FILE THIS APPLICATION. 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LL !X C to blitii hi! i Sii C I°e BA0;3} ri q:.tti "iX;1e1I XS ji i "iSe : lin 0 !Aid hi; Yi !IX r XXe$'6091S ;v °1T1j•ai !*r1ej1 p'ae, sal { I ce IA! g2 i !Ai !ix N . .liX lido' .ell .c I, .1)1..XBS :Xr a!! r�. v lies 5 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner Div DATE: April 14, 2000 SUBJECT: Preliminary & Final Plat for " S2000-012 "Final Replat of Lot 16, Block 7, Final Plat 111 and Ashbrook Condominiums II"." Staff has combined the reports for the Preliminary and Final Plats, there are no off-site improvements or Improvement Plans needed for this plat. This plat is a request by Carol J. Lambright, Russell & Fern Senff, and Robert & Ellen Monahan which will adjust the common side lot line by 18 inches, located at 16719 Ashbrook Dr. The reason for this request is to allow the construction of an addition without encroaching into the required side yard building setback. Please refer to the attached Staff report for additional details regarding this request. TOWN OF FOUNTAIN HILLS STAFF REPORT April 20, 2000 CASE NO: S00-012 PROJECT MANAGER: Dana Burkhardt LOCATION: Lot 16, Block 7, Final Plat 111 &Ashbrook Condominiums II REQUEST: Consider approval of a replat for Final Rat 111, Block 7, Lot 16, and Ashbrook Condominiums II, a lot line adjustment. DESCRIPTION: OWNERS: Carol J. Lambright, Russell & Fern Senff, Robert & Ellen Monahan APPLICANT: Carol Lambright EXISTING ZONING: "R-2" EXISTING CONDITION: Existing duplex and 2-unit Condo LOT SIZE: 20,800 s.f. SURROUNDING LAND USES AND ZONING: NORTH: Single Family; zoned "R-2" SOUTH: Ashbrook Wash; zoned "R-2" EAST: Duplex"R-2" WEST: Duplex: zoned "R-2" SUMMARY: This request is for final plat approval of a Replat for "Final Plat 111, Block 7, Lot 16, and Ashbrook Condominiums II." which is a lot line adjustment project. Due to the simplicity of this request a "fast track" process is being allowed. The owners, Carol J. Lambright, Russell & Fern Senff, and Robert & Ellen Monahan, have chosen to adjust the common side lot line to allow greater flexibility for construction on lot 16, without encroaching into the minimum required setbacks. The new lots will meet all the requirements of the "R-2" Zoning District for size and dimensions. The applicant has met the Hillside Protection Easement requirements of the Subdivision Ordinance and is exempt from the H.P.E requirement due to lack of contiguous hillside areas greater than 500 square feet. RECOMMENDATION: L. The proposed lots are in compliance with the regulations of The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of replat S2000-012 "Final Replat of Lot 16, Block 7, Final Plat 111 and Ashbrook Condominiums II"with the following stipulation : 1) That a twenty(20)foot P.U.E. and D.E. be granted along the rear lot lines. „ i 0 )\ t i TOWN OF FOUNTAIN HILLS �l' P COMMUNITY DEVELOPMENT DEPARTMENT Date Filed -f Fee idn 3 _ / .-00 ” Accepted / Plat Name/Number U / r it I) cif !i LLdcft7, 4oT /G srt,t3eotot edi/aemr, /a. ITAs Parcel Size Number of Lots g Number of Tracts Zoning tvove General Plan Land Use Designation /1?tn- Ti- 1A-M/4 y leEY/OFA/714I- Density Requested (Dwelling Units Per Acre) Applicant Day Phone Cdfo/ v^ Lawli , X-/- 137- 7D-53 Address City Zip /6 7/ f/9 Sh 6/',9dk P/'i✓e. 6114 i� ;At ,^/Ls / -2 1,5.7 ? mirOwners Pa ssc// ¢-Fort ,$ ', f/ Day Phone o Car• 1 71 hit 6e;,A t /zolerf Eller, /XDem4 4,i 737-7053 Address City ST Zip 147/3 0-/G7/f At'leoik Pr.'re-- fo4•c-4i+,. / A /t-2 ,S-47 Attachments (Please list) Signature f nert I HERBY AUTHORIZE (Please Print) Date ..-4.1 ..5-ee Ai/ekele d i TO FILE THIS APPLICATION. '3-6'DO X X u scr bed a or e this day of , 19 X X szki4,y) , Nota My Commission Expires lic (Seal) TFH Case Number Fee Schedule Attached S` oC 0 - 0 — 0 I• + #a 0o Y a Y+ . i ! i 1 i ! . I . i in ill I Ij T to s• !g I 13 sM ig ^ N / , ! ➢ ➢ A t-e ■(j If a i 7 a C! 7.a!lb ,I Y1 r6 r{J (J� < 1` 4 ll-➢ 6• ma - gti➢ - !I; t Y 1 - Y+➢ - Q11 Q i! 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FA N !Hi Iii O, -o tt N\ Oo t G P� il .m2 )........ 51100 �0 - �^ � \`\ ` �N O \ems 11 \0a: \ \ W 000 1 a .$\ .., yr�� mm m1. VI V TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner OB DATE: April 14, 2000 SUBJECT: Final Replat for"Ashbrook Condominiums II", a 2-unit condominium project. This Replat is a request by Russell & Fern Senff and Robert & Ellen Monahan, which would recondominiumize two-units located at 16713 Ashbrook Dr. The purpose of this request is to adjust the side lot line adjoining Lot 16, Block 7, Final Plat 111 by eighteen inches to the west. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. L TOWN OF FOUNTAIN HILLS PLANNING&ZONING COMMISSION AND STAFF REPORT April 20, 2000 CASE NO: 500-013 LOCATION: 16713 Ashbrook Drive, aka Ashbrook Condominiums II. REQUEST: Consider the Final Replat for "Ashbrook Condominiums II, Replaf' a 2-unit condominium project. PROJECT MANAGER: Dana Burkhardt DESCRIPTION: OWNER: Russell & Fern Senff, Robert& Ellen Monahan APPLICANT: Russell & Fern Senff, Robert& Ellen Monahan EXISTING ZONING: "R-2" EXISTING CONDITION: Built LOT SIZE: 10,205 square feet SURROUNDING LAND USES AND ZONING: NORTH: Single Family; zoned "R-2" SOUTH: Ashbrook Wash; zoned "R-2" EAST: Duplex"R-2" WEST: Duplex: zoned "R-2" SUMMARY: This request is for approval of the Final Replat "Ashbrook Condominiums ll Replat" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owners, Russell & Fern Senff and Robert & Ellen Monahan, have chosen to convert an existing two-unit complex and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,309 square feet, a minimum livable area of 1,092 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit with Maricopa County, building permit#85-4829. RECOMMENDATION: Staff recommends approval of S00-013; the Final Relat"Ashbrook Condominiums II". • p YQ•I— FS W cN M� I�{ -y dA jstQ� 6 y9 !¢K r y I I 1 {{{(� I AJ ^Cii elf 1Ytl_!F��a 1yy,4, 2Y}s 01 I I �6S b1¢e¢ �Iy aTae3 r f y I it Z Y Le T -isj�Mi jD^ 1:Y the r1Kj 3)I i O 0 V.FrIV-i .1.911k ''r} lib `I.:S i ii Ir1YY F Its'. p' , �� 3 O -j nt' .-Y-. 1 Ilex 1 I1 ^ !sir a '41e6 1 L :j _,i, i 5 i i F" Z O IL; i4 01.Dan 4::a' ?I .. .4 E bt9!. 1 • bey$" y i j i ! r `Y 3 + 1 1 a '.5'6;. y • 5••r-1 9 i iI m g Y $€lxY�wA; - 1a D. 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O < Ybe m 1DKi, , F\ /z TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT 4 T Date Filed Fee Paid Accepted 3- 7-a o 'aDD ' '� Condominium Name IiSJ',134 #6A 64%010 ni/n//Un1 s Condominium Address /G 7/3 / /1d essk Ak/vE v vf-*,ii /ViLG.s $Z ?s 4 Legal Description of Lot/Parcel Being Platted/ / Plat /1/ Block 7 Lot(s) /S Parcel Size Number of Units Number of T�cts Zoning 'tp? General Plan Land Use Designation MULTI —fA14/L Y R&'/Be/TI t9.4- Density Requested (Dwelling Units Per Acre) 7.54/ ALAi ?-s Ate& Applicant IZK.sie// do re" !Lon t4 Day Phone 837-47.13 7' Address City ST Zip j 7/3 /e tfizte o,C DRIVE Fov vrlf/I /(/ctcs /1-2. fsX1 Owner ekssae0 v. fen AZ Day Phone RD6dr/' It- E///n /fo.ta $, i 837-Gt 7 Address City ST Zip 47/3 /15// e,// peivE 'a c✓reyv //ic.1J *Z tsa61 Attachments (Please list) PEP/G, 70.4.) P119-7, .7w7-E-e/?Ie gQ/e/¢7'//N Sig re of 0 e I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. 3 4Ov Subscribed and sworn before me this day of , 19 . My Commission Expires Notary Public Lov (Seal) TFH Case Number Fee Schedule Attached 3 000 0 ) 5 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council VIA: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Plar�� DATE: April 13, 2000 SUBJECT: Replat of Lots 15 & 16, Block 1,Plat 430.. Christina Carees has requested a replat of the Plat 430. The replat joins two lots (15 & 16) into one lot within Plat 430, Block 1. Please see the attached staff report for details. L L TOWN OF FOUNTAIN HILLS STAFF REPORT April 20, 2000 CASE NO: S2000-020 LOCATION: Final Re-Plat Fountain Hills Final Plat 430, Block 1, Lots 15& 16. REQUEST: Consider approval of a replat for Fountain Hills Final Plat 430, Block 1, combining Lots 15 & 16 into one lot. DESCRIPTION: OWNER: Christina Carres APPLICANT: Christina Carres EXISTING ZONING: "C-1" EXISTING CONDITION: Vacant SURROUNDING LAND USES AND ZONING: NORTH: Montessori School: zoned "C-1" SOUTH: Common Parking Area: zoned "C-1" EAST: SRP Sub-station: zoned "R-2" thrw WEST: Common Parking Area: zoned "C-1" SUMMARY: This request is for final plat approval of a Replat for "Fountain Hills Final Plat 430, Block 1, Lots 15& 16"which removes a common lot line. The applicant proposes to create one (1) lot from the two lots. Due to the simplicity of this request a fast track process was allowed. The applicant, Christina Carres, has applied to reconfigure these lots by removing the common lot line. The applicant wishes to construct a larger building than the single lot will allow. The new configuration will allow such a structure. The new lot meets all the requirements of the "C-1"Zoning District for size and dimensions. RECOMMENDATION: The proposed lots are in compliance with the regulations of The Subdivision Ordinance of the Town of Fountain Hills and The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of replat S2000-020" Fountain Hills Final Plat 430, Block 1, Lots 15 & 16". L I ) 1 TOWN OF FOUNTAIN HILLS '4z COMMUNITY DEVELOPMENT DEPARTMENT . W a,IMiNARY P A APPLICATIO ` At i , ki�,.4 t Date Filed ,c:2/ 'CO Fee d .---___. Accepted Plat Name/Number k/1vg L i%/fir �✓ /3O �r e�°F .' i Pi �,�- 16-D pt-e 3D nT.(.-� Parcel Size , Number of Lots 100 x CC, &pDf) , f'OA- Oil Number of Tracts N A Zoning General Plan Land Use D signation (4 m0-7-6 ; b J f o-e44 Density Requested (Dwelling Units Per Acre) �t Applicant , Day Phone (JiriJi0 CCLrrcS �l�-��2 .5- Address ��- City ST Zip — &Eell Owner Day Phone SI*1 a of Mje✓-C-- Address City ST Zip 't� rI Attachments(Please list) � 2 ,`� (- ,,,u..) / 1 �rP_�,�a„ at..Qat cy S'•- ,re of Owner I HERBY AUTHORIZE (Please Print) Date e2a7,.//1 k. TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 _ My Commission Expires Notary Public (Seal) TFH Case Number Fee Schedule Attached '3(9, C. GG - LPL ,04_8Lv'ELL ( 08) ""�'"' r..y.•r%o:^ i v v.vi- : e' .w..r�a J.��Y Cj dv N �. g 1 �..n ,. .a+certi- Ytxr -emu, �uns'a�v — uos�®,Dory 4 -� �� ?'J 1V'1d3H Ok`f- 1V'1d n PJ!J n'n 11Fa h&l anc•A - — _��—"'�..r. ; / N. M C E L eEogq, �]l �� e�Y � @ C S FSt 61 � • 8 �" '. 5 : o"iet �p. 1!.3. `InnIkPiI goa�tR I y Q qq }i �S /� :� s. Mp g_RvkC 0 4 1 .�111 i::i1I.!±IiII F" U a IP m ,te a Z d8 LitFo ;a ;' ...fg4 15 o alp g 7 a tii, a : i N imp $• t ,Q .. ; I cc � � Ik �s I ,Ia 8E 4► La. gse GL � jIP Di. �k75 a V t * o 4ii 5 -a 99 adaai M yid L t - 3g i- �! 'w. „R § 01, 3. 6 V. 1 R i * ��7u i r F :4 $ii ; ! Ito - �S, a y��jS I_ �L iN r, L a � 1ye n, _�� figb �tK S €:Ig to a c ate= _ 16 3 < ii ci _ .. a !IN [g Va Ili m ob. �j [ �. J Chron 70 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and C uncil FROM: W AILD THROUGH: Paul d DATE: April 2, 20 0 RE: Burgess &Niple, Inc. -Engineering Contract No. ENG 2000-05 CK Engineering, Inc. - Engineering Contract No. ENG 2000-06 During the period since the Town Engineer has been on medical leave, the Engineering Department has written purchase orders for the services of Burgess &Niple and CK Engineering for assistance with project design and review. To eliminate the need to continually write purchase orders, staff desires to enter into a contract with both of these Engineering firms. These are open-ended contracts and may be terminated at any time for cause or convenience. Staff recommends approval of the above-referenced contracts. bb L Engineering Contract.doc Page 1 of 1 TOWN OF FOUNTAIN HILLS ENGINEERING CONTRACT NO. ENG 2000-05 This contract made this ,>)-1-'hday of Apr; 1 , 2000 by and between the Town of Fountain Hills (herein after "Town") a municipal corporation of the State of Arizona and Burgess & Niple, Inc. (herein after "Engineer"). WITNESSETH Whereas, the Mayor of the Town of Fountain Hills is authorized and empowered by provisions of the Town Code to execute contracts for professional services; Now therefore, in consideration of mutual promises and obligations set forth herein the parties hereto agree as follows: Article 1. SCOPE OF SERVICES Engineer shall provide the services described in the attached Exhibit A. All work , will be reviewed and approved by the Contract Administrator to determine acceptable completion. Review and approval by the Contract Administrator shall not relieve Engineer of any liability for improper, negligent or inadequate services rendered pursuant to this contract. Article 2. FEES 1. The amount paid to Engineer under this contract shall be $ per sheet for plan reviews or % of the plan checking/approval fees collected by the Town (whatever the Town's preference). Report and miscellaneous submittal reviews shall be invoiced on an hourly or lump sum fee basis using the fee schedule provided in Exhibit B. Meetings and telephone time shall be billed on a time and material basis per Exhibit B. 2. Monthly payments may be made to the Engineer on the basis of a progress report prepared and submitted by the Engineer for the work completed through the last day of the preceding calendar month. The Contract Administrator reserves the exclusive right to determine the amount of work performed and payment due the Engineer on a monthly basis. Engineer shall maintain all books, papers, documents, accounting records and other evidence pertaining to such monthly billings and shall make L Burgess&Niple ENG 2000-05.doc Page 1 of 13 such materials available at all reasonable times to the Contract Administrator. Monthly billings shall be accompanied by such documentation as the Contract Administrator may require to make his determination of work performed and payment due. Article 3. TERM OF CONTRACT 1. This contract shall be in full force and effect only when it has been approved by the Town Council of Fountain Hills, Arizona and signed by its Mayor as attested by the Town Clerk. 2. The Engineer shall proceed with the work immediately upon receipt of a notice to proceed issued by the Contract Administrator. All work shall be completed within days after receipt of the Notice to Proceed by the Engineer. 3. In the event the work cannot be completed within the time specified within subparagraph 2 above, the Contract Administrator may approve a change order extending the time for completion of the work for such period as the Contract Administrator deems reasonable. A change order extending the time for completion of the work pursuant to this subparagraph shall not entitle the Engineer to additional compensation. Article 4. TERMINATION OF CONTRACT The Town has the right to terminate this contract for cause or convenience or abandon any portion of the project for which services have not been performed by the Engineer. 1. In the event the Town terminates this contract or any part of the services as herein provided, the Town shall notify the Engineer in writing, and immediately upon receipt of such notice, the Engineer shall discontinue all work under this contract. 2. Upon such termination or abandonment, the Engineer shall immediately deliver to the Town all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the Engineer under the contract, together with all unused material supplied by the Town. Engineer shall be responsible only for such portion of the work which has been completed and accepted by the Town. Use of incomplete data by the Town shall be the Town's sole responsibility. 3. Upon receipt of notice of termination, Engineer shall appraise work they have completed but have not yet been paid for and shall submit the work and appraisal to the Contract Administrator for evaluation. 4. The Engineer shall receive as compensation in full for services performed Burgess&Niple ENG 2000-05.doc Page 2 of 13 to the date of such termination or abandonment a fee for the percentage of services actually completed and accepted by the Town. This fee shall be in an amount to be mutually agreed upon by the Engineer and the Town, based upon the scope of work set forth in Exhibit A and the payment schedule set forth in Article 2 hereof. If mutual agreement cannot be reached after reasonable negotiation, the Contract Administrator shall determine the percentage of satisfactory completion of each task set forth in the scope of work contained in Exhibit A and the amount of compensation Engineer is entitled to for such work and the Contract Administrator's determination in this regard shall be final. The Town shall make such final payment within 60 days after the Engineer has delivered the last of the partially completed items. 5. If for any reason the Engineer fails to fulfill in a timely and proper manner their obligations under this contract, or if the Engineer violates any of the covenants, agreements, or stipulations of this contract the Town may withhold from payment due to the Engineer such amounts as are necessary to protect the Town's position for the purpose of set off until such time as the exact amount of damages due to the Town from Engineer is determined by a court of competent jurisdiction. Article 5. ALTERATIONS OR ADDITIONAL SERVICES vow The total scope of Engineering services to be performed in accordance with this contract is set forth in Exhibit A and, if the Engineer is asked to perform services which are not included in this contract they will be considered additional services. The Engineer shall not perform such additional services without written authorization in the form of an approved change order from the Town. In the event the Engineer performs such additional services without written authorization from the Town, it shall be presumed that the additional services where included in the scope of work set forth in this contract and the fees specified herein and Engineer shall not be permitted to request or receive any additional compensation for such additional services. Article 6. ASSIGNMENT AND SUBCONTRACTING 1. This contract may not be assigned in whole or in part without the prior written consent of the Contract Administrator. 2. The Engineer may engage such sub-consultants or professional associates as they may deem necessary or desire for the timely and successful completion of this contract. However, the use of such sub-consultants or professional associates for the performance of any part of the work specified in Exhibit A shall be subject to the prior approval of the Town. Employment of such sub-consultants or professional associates in order to L Burgess&Niple ENG 2000-05.doc Page 3 of 13 complete the work set forth in Exhibit A shall not entitle Engineer to addi- tional compensation beyond that set forth in Article 2 hereof for Nkow completion of the work specified in Exhibit A. Engineer shall be responsible for and shall warrant all work delegated to such sub- consultants or professional associates. Article 7. COMPLETENESS AND ACCURACY The Engineer shall be responsible for the completeness, accuracy and quality of all reports, survey work, plans, supporting data and special provisions prepared or compiled pursuant to Engineer's obligations under this contract work and shall correct at his expense all errors or omissions which may be discovered therein. The fact that the Town has accepted or approved the Engineer's work shall in no way relieve the Engineer of any of his responsibilities. Article 8. OWNERSHIP OF DOCUMENTS All documents including but not limited to, data computations, studies, reports, field notes, design notes and all original drawings which are prepared in the performance of this contract are to be and remain the property of the Town and are to be delivered to the Contract Administrator before final payment under this (1611, contract is made to the Engineer. Such documents are not intended or represented to be suitable for reuse by the Town on extensions of the project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at the Town's sole risk and without liability or legal exposure to Engineer. Article 9. INDEMNIFICATION To the fullest extent permitted by law, the Engineer shall defend, indemnify and hold harmless the Town, its agents, officers, officials and employees from and against all tortuous claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the negligent acts, errors, or omissions of the Engineer, its agents, employees, or any tier of Engineer's sub-consultants in the performance of this Contract. Engineer's duty to defend, hold harmless and indemnify the Town of Fountain Hills, its agents, officers, officials and employees shall arise in connection with any tortuous claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by Engineer's negligent acts, errors or L Burgess&Niple ENG 2000-05.doc Page 4 of 13 omissions in the performance of this contract including any employees of Engineer, any tier of Engineer's sub-consultant or any other person for whose negligent acts, errors, or omissions the Engineer may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. Article 10. INSURANCE The Engineer, at Engineer's own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to the Town. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the Town, constitute a material breach of this Contract. The Engineer's insurance shall be primary insurance as respects the Town, and any insurance or self-insurance maintained by the Town shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Town. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the Town, its agents, officers, officials and employees for any claims arising out of the Engineer's negligent acts, errors or omissions. The insurance policies may provide coverage which contain deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Town under such policies. The Contractor shall be solely responsible for the deductible. The Town reserves the right to request and to receive, within 30 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. The Town shall not be obligated, however, to review same or to advise Engineer of any deficiencies in such policies and endorsements, and such receipt shall not relieve Engineer from, or be deemed a waiver of, the right to insist on strict fulfillment of Engineer's obligations under this Contract. L Burgess&Niple ENG 2000-05.doc Page 5 of 13 The insurance policies, except Workers' Compensation and Professional Liability, required by this Contract, shall name the Town, its agents, officers, officials and employees as additional insureds. REQUIRED COVERAGE Commercial General Liability Engineer shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011093 or any replacements thereof. The coverage shall not exclude X, C, U. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.s . Additional Insured, Form B, CG 20101185, and shall include coverage for Engineer's operations and products and completed operations. If required by this Contract, the Engineer subletting any part of the work, services or operations awarded to the Engineer shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner and Engineer's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Engineer's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Engineer's Commercial General Liability insurance. Workers' Compensation The Engineer shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Engineer's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. L Burgess&Niple ENG 2000-05.doc Page 6 of 13 In case any work is subcontracted, the Engineer will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of the Engineer. Professional Liability The Engineer retained by the Town to provide the work or service required by this Contract will maintain Professional Liability insurance covering negligent acts, errors, or omissions arising out of the work or services performed by the Engineer, or any person employed by the Engineer, with a limit of not less than $1,000,000 each claim. CERTIFICATES OF INSURANCE Prior to commencing work or services under this Contract, Engineer shall furnish the Town with Certificates of Insurance, or formal endorsements as required by the Contract, issued by Engineer's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies) required by this contract is(are) written on a "claims made" basis, coverage shall extend for two years past completion and acceptance of the Engineer's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must 160, be sent to the Town fifteen (15) days prior to the expiration date. CANCELLATION AND EXPIRATION NOTICE Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to the Town. Article 11. ATTORNEYS FEES In the event either party brings any action for any relief, declaratory or otherwise, arising out of this contract, or an account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforceable whether or not such action is prosecuted through judgment. Article 12. CONFLICT OF INTEREST Pursuant to the provisions of A.R.S. § 38-511, the Town may cancel any contract L Burgess&Niple ENG 2000-05.doc Page 7 of 13 or agreement, without penalty or obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Town is at any time while the contract or any extension thereof is in effect an employee of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. Article 13. PRIOR COMMITMENT This contract constitutes the entire understanding of the parties and no representations or agreements oral or written, made prior to its execution shall vary or modify the terms thereof. Article 14. GOVERNING LAW This agreement is governed by the laws of the State of Arizona and specifically A.R.S. §38-511. Article 15. AMENDMENTS Any amendment, modification or variation from the terms of this contract shall be in writing and signed by all parties hereto. Article 16. ADDITIONAL WARRANTIES AND DISCLOSURES BY ENGINEER 1. The Engineer shall reveal fully and in writing any financial or compensatory agreements which the Engineer has with any prospective contractor prior to the Arizona Department of Transportation's publication of requests for bids for construction. 2. The Engineer hereby warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Engineer to solicit or secure this agreement, and that the Engineer has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the Engineer any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement. 3. The Engineer shall comply with Executive Order No. 11246 entitled "Equal Opportunity Employment" as amended by Executive Order No. 11375, and supplemented Department of Labor Regulations 41CFR, Part 16. L Burgess&Niple ENG 2000-05.doc Page 8 of 13 Article 17. COMPLIANCE WITH LAW The Engineer specifically agrees that in the performance of the services rendered hereunder by Engineer or anyone acting on their behalf, Engineer will comply with all state, federal and local statutes, ordinances and regulations, and will obtain all permits and licenses applicable for performance under this agreement. Article 18. CONTRACT ADMINISTRATOR The Town's Contract Administrator for this contract shall be the Town Manager or his designee. In witness whereof, the parties hereto have executed this agreement on the date first written above. ATTEST: TOWN OF FOUNTAIN HILLS (A4a:LA_.>,,b )J4LAva,,_..) Cassie B. Hansen, Town Clerk Sharon Morgan, Mayor REVIEWED BY: RE D BY: Th Zitsafr-Aval,jA.1 as Ward, Interim Town Engineer aul . ordin, Town Manager APPROVED AS TO FORM: BURGESS & NIPLE, INC. William E. Farrell, Town Attorney Larry oodlan L Burgess&Niple ENG 2000-05.doc Page 9 of 13 EXHIBIT A ENGINEERING DESIGN - SCOPE OF WORK CONTRACT ENG 2000-05 I. BRIEF DESCRIPTION OF PROJECT II. GENERAL REQUIREMENTS A. STANDARDS All work shall conform to ADOT Standard Details and Specifications. B. QUALITY CONTROL: The Engineer shall submit a detailed system that the firm has implemented to ensure a successful end product of this project. The Engineer shall be responsible for the quality of the documents. The Engineer shall perform his work in accordance with the contract document, and shall review and revise the work prior to submittal for review and approval. C. PROJECT DESIGN SCHEDULE: The schedule shall be in accordance with the ADOT approved schedule. III. TASKS A. DATA COLLECTION Visit the project area with the Town Engineer prior to commencing design. Obtain all available maps, plans, reports, laboratory tests, and "As-Built" information of existing features and utilities within and adjacent to the project right-of-way, and place the information on base sheets. B. UTILITY COORDINATION Contact all public utilities and coordinate the design of their proposed services and reconstructions within this project. Incorporate the design of proposed utility work into the design of the project plans. Provide utilities with project plans in accordance with the ACC guidelines. C. SURVEY Survey shall be based on the Town of Fountain Hills (USGS) datum, Ler Burgess&Niple ENG 2000-05.doc Page 10 of 13 subject to ADOT approval. 1. Set control points of the right-of-way as required. 2. Locate existing utilities within and adjacent to the project right-of-way. 3. Locate flowline elevations of all existing washes at the right-of- way limits, at a point 50' beyond the RIGHT-OF-WAY limits, and as required by ADOT. 4. Locate existing curb, gutter and roadway pavement which will be matched under this project. D. BASE MANUSCRIPT 1. All data obtained during Tasks A, B and C shall be placed in plan and profile on 24" x 36" base sheet(s) of the project plans. 2. Project plan and profile sheets shall be drawn at a Scale of 1" = 40' Horizontal, and 1" = 4' Vertical. A horizontal scale of 1" = 20' shall be used where necessary to avoid overcrowding of the drawing, and a vertical scale of 1" = 10' shall be used where necessary to avoid excessive break lines. E. GEOTECHNICAL INVESTIGATION A geotechnical investigation is being prepared under separate contract. Review the Geotechnical Report and incorporate the soil data in contract drawings, if required. F. DRAINAGE 1. Site Investigation. Conduct field investigation of existing drainage conditions. 2. Review and evaluate previous reports and studies. a. Investigate available reports on file. b. Obtain aerial photographs and topographic maps to determine drainage areas. 3. Drainage Report Preparation a. Report shall be prepared in accordance with ADOT requirements. 4. Drainage Design. The Engineer shall design a street drainage system which meets the Town drainage requirements, and incorporates a compatible street drainage system which is cost effective. a. Address existing wash conditions and show how they will cross the project without diverting flow or creating upstream flooding. b. Drainage feature type, size, location and elevation shall be shown on the project plans. c. Erosion protection shall be addressed and shown in L Burgess&Niple ENG 2000-05.doc Page 11 of 13 detail at all new drainage structures. L G. WATER & SEWER DESIGN Water and sewer adjustments and relocations shall be designed and indicated on the drawing to be performed by others. Major relocations ,if required, (over 100' in length, or which require additional drawing sheets) will be included in a mutually agreeable change order. H. ROADWAY DESIGN The Engineer shall produce paving plans for the project which include the following: 1. Paving Design a. Paving plans shall show plan and profile of medians, outside curbing and gutter, finished grade of pavement and parkway grading. b. Show top of curb and gutter elevations. c. Drainage features shall be located, with sizes, invert elevations and details shown. d. Roadway dimensions, to include right-of-way width shall be shown. e. Plans shall be stationed at 100' intervals. 2. Horizontal and Vertical alignment of roadway. a. Provide proper slope for drainage of asphalt and gutters. 3. Provide roadway sections which detail the width of roadway, cross slope and structural section(s) based on the geotechnical report. TRAFFIC SIGNALIZATION, SIGNAGE & STRIPING Signing, striping, and signali7ation plans will be prepared by others, using the paving plans prepared in this contract as the base map. J. RIGHT-OF-WAY 1. Provide legal descriptions and a right-of-way map needed for right-of-way for temporary construction, utility, drainage, sight, and slope easements. 2. The Town will obtain all necessary right-of-way and easements for the project. IV. PLANS AND COST ESTIMATES A. SUBMITTALS Prepare contract documents as required by ADOT for: Preliminary, Pre-Final, and Final (original) submittals. Prior to submittal to L Burgess&Niple ENG 2000-05.doc Page 12 of 13 ADOT, submit two sets of documents to the Town for review. Revise documents, if requested, and submit to ADOT. Contract documents include, but are not limited to plans, special provisions, cost estimates, calculations, and reports. V. BIDDING PHASE A. The Engineer shall make services available to the Town and ADOT for advice and consultation, and interpretation of the plans and specifications. The Engineer shall develop and provide the Town all required project addendums during the project bidding phase. B. The Engineer shall attend and participate in the pre-bid conference. 1. Answer any questions concerning project plans and specifications. 2. Assist Town as needed. VI. MEETING PARTICIPATION A. Attend regular progress and review meetings during the course of design as required to coordinate review comments and obtain approval of plans and documents. Take minutes at all meetings and submit copy of minutes to the Town Engineer for review and approval. B. Formal or informal meetings with property owners or Town Council may be requested by the Town Engineer, and will be included in a mutually agreeable change order. C. Review newsletters, mailings, or other public correspondence generated by the Town Engineer concerning this project during the course of this project. L Burgess&Niple ENG 2000-05.doc Page 13 of 13 EXHIBIT B Fountain Hills On Call Engineer Hourly Rates January 1, 2000—December 31, 2000 CATEGORY RATE Principal $130.00 Project Manager $112.00 Project Engineer $97.00 Project Coordinator $90.00 Engineer/Designer $80.00 Junior Engineer $68.00 Senior CADD $68.00 CADD Operator $54.00 Administration $56.00 Secretary $42.00 Computer $15.00 Mileage $00.325 L Burgess & Niple TOWN OF FOUNTAIN HILLS L ENGINEERING CONTRACT NO. ENG 2000-06 This contract made this 2 day ofr; 1 , 2000 by and between the Town of Fountain Hills (herein after "Town") a municipal corporation of the State of Arizona and CK Engineering, Inc. (herein after "Engineer"). WITNESSETH Whereas, the Mayor of the Town of Fountain Hills is authorized and empowered by provisions of the Town Code to execute contracts for professional services; Now therefore, in consideration of mutual promises and obligations set forth herein the parties hereto agree as follows: Article 1. SCOPE OF SERVICES Engineer shall provide the services described in the attached Exhibit A. All work will be reviewed and approved by the Contract Administrator to determine acceptable completion. Review and approval by the Contract Administrator shall not relieve Engineer of any liability for improper, negligent or inadequate services rendered pursuant to this contract. Article 2. FEES 1. The amount paid to Engineer under this contract shall be $ per sheet for plan reviews or % of the plan checking/approval fees collected by the Town (whatever the Town's preference). Report and miscellaneous submittal reviews shall be invoiced on an hourly or lump sum fee basis using the fee schedule provided in Exhibit B. Meetings and telephone time shall be billed on a time and material basis per Exhibit B. 2. Monthly payments may be made to the Engineer on the basis of a progress report prepared and submitted by the Engineer for the work completed through the last day of the preceding calendar month. The Contract Administrator reserves the exclusive right to determine the amount of work performed and payment due the Engineer on a monthly basis. L CK Engineering ENG 2000-06.doc Page 1 of 15 Engineer shall maintain all books, papers, documents, accounting records and other evidence pertaining to such monthly billings and shall make such materials available at all reasonable times to the Contract Administrator. Monthly billings shall be accompanied by such documentation as the Contract Administrator may require to make his determination of work performed and payment due. Article 3. TERM OF CONTRACT 1. This contract shall be in full force and effect only when it has been approved by the Town Council of Fountain Hills, Arizona and signed by its Mayor as attested by the Town Clerk. 2. The Engineer shall proceed with the work immediately upon receipt of a notice to proceed issued by the Contract Administrator. All work shall be completed within an agreed upon time between the Engineering and Town. Exact time of completion for each project will vary with complexity and size of the project and amount of construction documents to be designed or reviewed by the Engineer. The Town Engineering Department will have a sign-out sheet to track projects. 3. In the event the work cannot be completed within the time specified within subparagraph 2 above, the Contract Administrator may approve a change order extending the time for completion of the work for such period as the Contract Administrator deems reasonable. A change order extending the time for completion of the work pursuant to this subparagraph shall not entitle the Engineer to additional compensation, unless where such change order is necessitated by an authorized expanded Scope of Work. Article 4. TERMINATION OF CONTRACT The Town has the right to terminate this contract for cause or convenience or abandon any portion of the project for which services have not been performed by the Engineer. 1. In the event the Town terminates this contract or any part of the services as herein provided, the Town shall notify the Engineer in writing, and immediately upon receipt of such notice, the Engineer shall discontinue all work under this contract. 2. Upon such termination or abandonment, the Engineer shall immediately deliver to the Town all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product CK Engineering Contract--Revised.doc Page 2 of 15 generated by the Engineer under the contract, together with all unused material supplied by the Town. Engineer shall be responsible only for such portion of the work which has been completed and accepted by the Town. Use of incomplete data by the Town shall be the Town's sole responsibility. 3. Upon receipt of notice of termination, Engineer shall appraise work they have completed but have not yet been paid for and shall submit the work and appraisal to the Contract Administrator for evaluation. 4. The Engineer shall receive as compensation in full for services performed to the date of such termination or abandonment a fee for the percentage of services actually completed and accepted by the Town. This fee shall be in an amount to be mutually agreed upon by the Engineer and the Town, based upon the scope of work set forth in Exhibit A and the payment schedule set forth in Article 2 hereof. If mutual agreement cannot be reached after reasonable negotiation, the Contract Administrator shall determine the percentage of satisfactory completion of each task set forth in the scope of work contained in Exhibit A and the amount of compensation Engineer is entitled to for such work and the Contract Administrator's determination in this regard shall be final. The Town shall make such final payment within 60 days after the Engineer has delivered the last of the partially completed items. 5. If for any reason the Engineer fails to fulfill in a timely and proper manner their obligations under this contract, or if the Engineer violates any of the covenants, agreements, or stipulations of this contract the Town may withhold from payment due to the Engineer such amounts as are necessary to protect the Town's position for the purpose of set off until such time as the exact amount of damages due to the Town from Engineer is determined by a court of competent jurisdiction. Article 5. ALTERATIONS OR ADDITIONAL SERVICES The total scope of Engineering services to be performed in accordance with this contract is set forth in Exhibit A and, if the Engineer is asked to perform services which are not included in this contract they will be considered additional services. The Engineer shall not perform such additional services without written authorization in the form of an approved change order from the Town. In the event the Engineer performs such additional services without written authorization from the Town, it shall be presumed that the additional services where included in the scope of work set forth in this contract and the fees specified herein and Engineer shall not be permitted to request or receive any additional compensation for such additional services. L CK Engineering Contract--Revised.doc Page 3 of 15 Article 6. ASSIGNMENT AND SUBCONTRACTING 1. This contract may not be assigned in whole or in part without the prior written consent of the Contract Administrator. 2. The Engineer may engage such sub-consultants or professional associates as they may deem necessary or desire for the timely and successful completion of this contract. However, the use of such sub-consultants or professional associates for the performance of any part of the work specified in Exhibit A shall be subject to the prior approval of the Town. Employment of such sub-consultants or professional associates in order to complete the work set forth in Exhibit A shall not entitle Engineer to addi- tional compensation beyond that set forth in Article 2 hereof for completion of the work specified in Exhibit A. Engineer shall be responsible for and shall warrant all work delegated to such sub- consultants or professional associates. Article 7. COMPLETENESS AND ACCURACY The Engineer shall be responsible for and shall warrant the completeness, accuracy and quality of all work done pursuant to this contract including, but not limited to reports, survey work, plans, supporting data and special provisions prepared or compiled pursuant to Engineer's obligations under this contract and shall correct at his expense all errors or omissions which may be discovered therein. The fact that the Town has accepted or approved the Engineer's work shall in no way relieve the Engineer of any of his responsibilities. Article 8. OWNERSHIP OF DOCUMENTS All documents including but not limited to, data computations, studies, reports, field notes, design notes and all original drawings which are prepared in the performance of this contract are to be and remain the property of the Town and are to be delivered to the Contract Administrator before final payment under this contract is made to the Engineer. Such documents are not intended or represented to be suitable for reuse by the Town on extensions of the project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at the Town's sole risk and without liability or legal exposure to Engineer. L CK Engineering Contract--Revised.doc Page 4 of 15 Article 9. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the Town of Fountain Hills, its agents, officers, officials and employees from and against all tortuous claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the Contractor, its agents, employees, or any tier of Contractor's' subcontractors in the performance of this Contract. Contractor's duty to defend, hold harmless and indemnify the Town of Fountain Hills, its agents, officers, officials and employees shall arise in connection with any tortuous claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by any Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractors may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. Article 10. INSURANCE The Contractor, at Contractor's own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to the Town of Fountain Hills. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the Town of Fountain Hills, constitute a material breach of this Contract. The Contractor's insurance shall be primary insurance as respects the Town of Fountain Hills, and any insurance or self-insurance maintained by the Town of Fountain Hills shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Town of Fountain Hills. L CK Engineering Contract--Revised.doc Page 5 of 15 The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against the Town of Fountain Hills, its fir• agents, officers, officials and employees for any claims arising out of the Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contain deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Town of Fountain Hills under such policies. The Contractor shall be solely responsible for the deductible and/or self-insured retention and the Town of Fountain Hills, at its option, may require the Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. The Town of Fountain Hills reserves the right to request and to receive, within 5 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. The Town of Fountain Hills shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, the Town of Fountain Hills' right to insist on strict fulfillment of Contractor's obligations under this Contract. The insurance policies, except Workers' Compensation and Professional Liability, required by this Contract, shall name the Town of Fountain Hills, its agents, officers, officials and employees as additional insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Contract which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011093 or any replacements thereof. The coverage shall not exclude X, C, U. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.s . Additional Insured, Form CK Engineering Contract--Revised.doc Page 6 of 15 B, CG 20101185, and shall include coverage for Contractor's operations and products and completed operations. If required by this Contract, the Contractor subletting any part of the work, services or operations awarded to the Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Contract, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Contract. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. Workers' Compensation The Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. In case any work is subcontracted, the Contractor will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of the Contractor. Professional Liability The Contractor retained by the Town of Fountain Hills to provide the work or service required by this Contract will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by the Contractor, or any person employed by the Contractor, with a limit of not less than $1,000,000 each claim. CERTIFICATES OF INSURANCE Prior to commencing work or services under this Contract, Contractor shall furnish the Town of Fountain Hills with Certificates of Insurance, or formal endorsements as required by the Contract, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Contract are in full force and effect. In the event any insurance policy(ies) required by this contract is(are) written on a "claims made" basis, coverage shall extend for two years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must CK Engineering Contract--Revised.doc Page 7 of 15 be sent to the Town of Fountain Hills fifteen (15) days prior to the expiration fitor date. All Certificates of Insurance shall be identified with bid serial number and title. A $25.00 administrative fee will be assessed for all certificates received without the appropriate bid serial number and title. CANCELLATION AND EXPIRATION NOTICE Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) days prior written notice to the Town of Fountain Hills. Article 11. ATTORNEYS FEES In the event either party brings any action for any relief, declaratory or otherwise, arising out of this contract, or an account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforceable whether or not such action is prosecuted through judgment. Article 12. CONFLICT OF INTEREST Pursuant to the provisions of A.R.S. § 38-511, the Town 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 Town is at any time while the contract or any extension thereof is in effect an employee of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. Article 13. PRIOR COMMITMENT This contract constitutes the entire understanding of the parties and no representations or agreements oral or written, made prior to its execution shall vary or modify the terms thereof. Article 14. GOVERNING LAW This agreement is governed by the laws of the State of Arizona and specifically A.R.S. §38-511. L CK Engineering ENG 2000-06.doc Page 8 of 15 Article 15. AMENDMENTS Any amendment, modification or variation from the terms of this contract shall be in writing and signed by all parties hereto. Article 16. ADDITIONAL WARRANTIES AND DISCLOSURES BY ENGINEER 1. The Engineer shall reveal fully and in writing any financial or compensatory agreements which the Engineer has with any prospective contractor prior to the Town's publication of requests for bids for construction. 2. The Engineer hereby warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Engineer to solicit or secure this agreement, and that the Engineer has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for the Engineer any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this agreement. 3. The Engineer shall comply with Executive Order No. 11246 entitled "Equal Opportunity Employment" as amended by Executive Order No. 11375, and supplemented Department of Labor Regulations 41 CFR, Part 16. Article 17. COMPLIANCE WITH LAW The Engineer specifically agrees that in the performance of the services rendered hereunder by Engineer or anyone acting on their behalf, Engineer will comply with all state, federal and local statutes, ordinances and regulations, and will obtain all permits and licenses applicable for performance under this agreement. Article 18. CONTRACT ADMINISTRATOR The Town's Contract Administrator for this contract shall be the Town Manager or his designee. In witness whereof, the parties hereto have executed this agreement on the date first written above. L CK Engineering Contract--Revised.doc Page 9 of 15 ATTEST: TOWN OF FdUNTAIN HILLS • CiA4//<-2\66 )34U)A4, _i Cassie B. Hansen, Town Clerk Sharon Mor gAl1, ayor REVIEWED BY: RE ED Y: Th mas L. War , Interim Town Eng. Pau . Nordin, Town Manager APPROVED AS TO FORM: CK ENGINEERING, INC. eyLaxerdt.‘ > William E. Farrell, Town Attorney Ogbonna Abarikwu L L CK Engineering Contract--Revised.doc Page 10 of 15 EXHIBIT A 14061., ENGINEERING DESIGN - SCOPE OF WORK CONTRACT ENG 2000-06 I. BRIEF DESCRIPTION OF PROJECT II. GENERAL REQUIREMENTS A. STANDARDS All work shall conform to Maricopa Association of Governments (MAG) Standard Details and Specifications and Town supplements thereto. In addition im, MUTCD, ADOT, AASHTO, FCDMC, City of Phoenix, and MCDOT standards, specifications, manuals, and supplements thereto will be used as resources for both design and review purposes. B. QUALITY CONTROL: The Engineer shall submit a detailed system that the firm has implemented to ensure a successful end product of this project. The Engineer shall be responsible for the quality of the documents. The Engineer shall perform his work in accordance with the contract document, and shall review and revise the work prior to submittal for review and approval. C. PROJECT DESIGN SCHEDULE: Each review schedule shall be in accordance with the sign-out sheet as provided and held in the Town offices. Design schedules shall be determined and documented prior to start of work. III. TASKS A. DATA COLLECTION Engineer shall collect the project files and/or pertinent documents from the Town's Engineering Department, visit the project site, obtain mapping, plans, reports, test data, "As-Built" information, utility and other pertinent data, complete the assigned task(s), and deliver the reviewed or designed construction documents or reports to the Town for final review/approval. B. UTILITY COORDINATION Contact all public utilities and coordinate the design of their L CK Engineering ENG 2000-06.doc Page 11 of 15 proposed services and reconstructions within this project. Incorporate the design of proposed utility work into the design of the project plans. Provide utilities with project plans in accordance with the ACC guidelines. C. SURVEY Survey shall be based on the Town of Fountain Hills (USGS) datum, subject to ADOT approval. 1. Set control points of the right-of-way as required. 2. Locate existing utilities within and adjacent to the project right-of-way. 3. Locate flowline elevations of all existing washes at the right-of- way limits, at a point 50' beyond the RIGHT-OF-WAY limits, and as required by ADOT. 4. Locate existing curb, gutter and roadway pavement which will be matched under this project. D. BASE MANUSCRIPT 1. All data obtained during Tasks A, B and C shall be placed in plan and profile on 24" x 36" base sheet(s) of the project plans. 2. Project plan and profile sheets shall be drawn at a Scale of 1" = 40' Horizontal, and 1" = 4' Vertical. A horizontal scale of 1" = 20' shall be used where necessary to avoid overcrowding of the drawing, and a vertical scale of 1" = 10' shall be used where necessary to avoid excessive break lines. E. GEOTECHNICAL INVESTIGATION A geotechnical investigation is being prepared under separate contract. Review the Geotechnical Report and incorporate the soil data in contract drawings, if required. F. DRAINAGE 1. Site Investigation. Conduct field investigation of existing drainage conditions. 2. Review and evaluate previous reports and studies. a. Investigate available reports on file. b. Obtain aerial photographs and topographic maps to determine drainage areas. 3. Drainage Report Preparation a. Report shall be prepared in accordance with ADOT requirements. 4. Drainage Design. The Engineer shall design a street drainage system which meets the Town drainage requirements, and incorporates a L CK Engineering Contract--Revised.doc Page 12 of 15 compatible street drainage system which is cost effective. a. Address existing wash conditions and show how they will cross the project without diverting flow or creating upstream flooding. b. Drainage feature type, size, location and elevation shall be shown on the project plans. c. Erosion protection shall be addressed and shown in detail at all new drainage structures. G. WATER 86 SEWER DESIGN Water and sewer adjustments and relocations shall be designed and indicated on the drawing to be performed by others. Major relocations ,if required, (over 100' in length, or which require additional drawing sheets) will be included in a mutually agreeable change order. H. ROADWAY DESIGN The Engineer shall produce paving plans for the project which include the following: 1. Paving Design a. Paving plans shall show plan and profile of medians, outside curbing and gutter, finished grade of pavement and parkway grading. b. Show top of curb and gutter elevations. c. Drainage features shall be located, with sizes, invert elevations and details shown. d. Roadway dimensions, to include right-of-way width shall be shown. e. Plans shall be stationed at 100' intervals. 2. Horizontal and Vertical alignment of roadway. a. Provide proper slope for drainage of asphalt and gutters. 3. Provide roadway sections which detail the width of roadway, cross slope and structural section(s) based on the geotechnical report. TRAFFIC SIGNALIZATION, SIGNAGE 86 STRIPING Signing, striping, and signalization plans will be prepared or reviewed by the Engineer on a case by case basis with Town approval. J. RIGHT-OF-WAY 1. Provide legal descriptions and a right-of-way map needed for right-of-way for temporary construction, utility, drainage, Low CK Engineering Contract--Revised.doc Page 13 of 15 sight, and slope easements. 2. The Town will obtain all necessary right-of-way and easements for the project. K. ENGINEERING PLAN REVIEW SERVICES Engineer shall review construction plans to meet the Town's engineering and development standards. Plan review services may include paving plans, storm drain plansk sewer plans, grading and drainage plans, striping and signage plans, parking lots, private and commercial civil site plans, and related review of infrastructure and construction documents. L. REPORT REVIEW SERVICES Engineer shall review reports including but not limited to drainage reports, preliminary plat narratives, final plat narritives, traffic reports, and related review of reports within the expertise of the Engineer. M. PLANNING DOCUMENT REVIEW Engineer shall perform review of planning documents which may include but not be limited to sanitary sewer system master reports, water system master reports, and subdivision master plan review. N. HYDROLOGY AND HYDRAULIC CALCULATIONS REVIEW Engineer shall perform review of watershed analyses, headwater and tailwater analyses for culverts, roadway capacity and inlet capacity reviews, master drainage report calculations, miscellaneous drainage calculations on an as-needed basis. O. MISCELLANEOUS ENGINEERING SERVICES Engineer shall, when authorized by the Town, perform such additional engineering functions as requested and agreed to by both parties as being within the Engineer's area of expertise, within the frame work of this contract, and to the agreement of both parties. Any work outside of this contract will require a change order or other written legal contract or documentation. IV. PLANS AND COST ESTIMATES A. SUBMITTALS Prepare contract documents as required by ADOT for: Preliminary, Pre-Final, and Final (original) submittals. Prior to submittal to ADOT, submit two sets of documents to the Town for review. Revise documents, if requested, and submit to ADOT. Contract documents include, but are not limited to plans, special provisions, cost estimates, calculations, and reports. L CK Engineering Contract--Revised.doc Page 14 of 15 V. BIDDING PHASE cA. The Engineer shall make services available to the Town and ADOT for advice and consultation, and interpretation of the plans and specifications. The Engineer shall develop and provide the Town all required project addendums during the project bidding phase. B. The Engineer shall attend and participate in the pre-bid conference. 1. Answer any questions concerning project plans and specifications. 2. Assist Town as needed. VI. MEETING PARTICIPATION A. Attend regular progress and review meetings during the course of design as required to coordinate review comments and obtain approval of plans and documents. Take minutes at all meetings and submit copy of minutes to the Town Engineer for review and approval. B. Formal or informal meetings with property owners or Town Council may be requested by the Town Engineer, and will be included in a mutually agreeable change order. C. Review newsletters, mailings, or other public correspondence generated by the Town Engineer concerning this project during the course of this project. D. Meetings, site visits, public presentations, construction administration, construction inspection, site specific investigations, and other miscellaneous meetings shall be documented by the Engineer and expenses incurred invoiced to the Town for time, materials, and expenses. L CK Engineering Contract--Revised.doc Page 15 of 15 MEMORANDUM Date: April 14, 2000 To: Mayor and Council Town of Fountain Hills From: Scott W. Ruby, Bond Counsel Subject: Resolution No. 2000-20 The Town intends to finance the costs of constructing the Community Center Library and Museum from available cash, through a lease-purchase transaction and through the sale of General Obligation Bonds. As you recall, the Town was given authority to sell $3,700,000 of General Obligation Bonds for the purpose of constructing the library and museum and providing furnishings, including books, for that facility. Resolution No. 2000-20 is the first of two resolutions that must be adopted by the Council in connection with the sale of the General Obligation Bonds. Resolution No. 2000-20 orders the publication of the Notice of Sale of the Bonds and authorizes the Town's financial consultant, bond counsel and Town staff to proceed fir with preparing the documents for the sale of the bonds. After publication of the Notice, the Town will receive bids and the Council will consider awarding the sale of the General Obligation Bonds to the lowest bidder. It is anticipated that this award will not occur until June. It is anticipated that the lease-purchase transaction will also be presented to Council in June. SWR:gmh 314950.01 7/26/99 1OhiiPi!iii li ►ii; ! !►:� April 6, 2000 Hofmann-Dietz Architects,Ltd. Planners& Town of Fountain Hills Construction 16836 E. Palisades Boulevard Managers Fountain Hills, Arizona 85268 459 N.Gilbert Road Suite C-200 ATTN: Tom Ward Gilbert,AZ 85234-4591 Interim Town Engineer Office: (480)539-8800 Fax: (480)539-8608 Modem:(480)539-89?6 PROJECT: NEW TOWN CENTER COMPLEX E-Mail:lulaOhrl-arclutects.com Town of Fountain Hills Principals Architect's Project No. 9720R Jack T.Hofmann,A.I.A. Rob Dietz , Cheri A.McClure SUBJECT: ARCHITECTS RECOMMENDATION Senior Associates Jon P.Anderson,A.I.A. Dear Tom: Pete Barker R.Mason Hite,Ill Attached is the tabulation of all bids received and opened by the Town of (iiwAss°dares Fountain Hills for the referenced project on Thursday, April 6, 2000 at Bruce Scott 2:00 P.M. TOM OF FOUNTAIN NW We recommend the acceptance of the Base Proposal submitted by Target General Inc. in the amount of Five Million Thirty Four Thousand Dollars APR 0 7 200Q ($5,034,000.00),which represents the lowest bid received. ENGINEERING WARDER Respectfully, HOFMANN-DIETZ ARCHITECTS, LTD. va Rob Dietz RD/cm Attachment: Bid Tabulation Form L —MIIP.. A � r N �`` -d a %Al AMU Waal V �„ I I 1 I I .n 4QN O um.=w•m —„-wraa. �.. V I 1 1 1 1 C. 4 N fj y A A A A A >°, x c N V CQ CA = W W U o `� N ti W °� 0 0 0 0 0 v c `O W A zzzzz o5I, • E. a g o c x bo U �+ O O W 44 44 0 O O O 0 O 0 0 C. 0 0 >, cu V ~ 0 0 0 0 O. „iD 0 O. 0 O. 0 a) 0 q A O (NI M M M M N 0 N .I O Z 69 69 69 69 69 �, 6M9 69 �, 69 69 — aii y I 1 1 1 1 I 1 I F. 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Q Chron 78 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: Jim Leubner THROUGH: Paul Nordin DATE: April 14, 2000 RE: Golden Eagle Park Dam Status Update Tom Renckly, Project Manager for the Flood Control District and the representatives from the Consulting Engineer, Stantec Consulting, Inc., will give a brief presentation on the Golden Eagle Park Dam project status and upcoming construction schedule. Attached is a brief summary of thrw the project background information, purpose, and recommendations. bb att. L GEPD Status Update.doc Golden Eagle Park Dam - Modifications for Dam Safety & Flood Control For Flood Control District of Maricopa County Town of Fountain Hills Fountain Hills Unified School District Background As an auxiliary benefit, the school security fence will be Golden Eagle Park Dam is located east of Golden Eagle Park reinstalled to restrict unauthorized access to the campus. and generally north of Fountain Hills High School. The dam receives storm runoff from an approximately 7 square mile Project Description watershed extending west to the McDowell Mountains. The Stantec Consulting, Inc. was contracted by the Flood Control dam was designed and constructed under the direction of District of Maricopa County to provide engineering services McCulloch Properties, Inc. and was completed in 1974. The for Golden Eagle Park Dam. Design issues were identified dam is presently jointly owned by the Town and the School for alterations to the dam and those related to the desires of District. the Town regarding the park, and those from the School District regarding flooding of the school campus, buildings The dam consists of an earthen embankment with a and athletic field. maximum of height of about 27 feet. Storm runoff that enters the dam is released through an outlet that discharges to Alternatives for alterations of the dam, outlet and spillway Ashbrook Wash. The dam also has a spillway that functions were prepared and evaluated. Alternative selection was to pass large incoming floods past the dam that exceed the based on meeting all dam safety requirements, flood control capacity of the outlet. The spillway is called an emergency benefits, construction impacts to the park and school, spillway in that its intent is to function only during environmental and aesthetic impacts,and cost. The preferred infrequent, large flood events. The spillway was originally alternative was selected by the Town and the School District designed to operate for floods that are larger than the 100- with the concurrence of the Flood Control District. The year flood. The 100-year flood is defined as the flood that Arizona Department of Water Resources participated in the has a 1% probability of occurring each year. Over a long selection process for the purpose of achieving an alternative time period, it is expected that such a flood would occur on that meets or exceeds state dam safety requirements. average,only once every 100-years. Recommended Alterations Subsequent to the construction of the dam, urban The selected alternative consists of the following key development has occurred and continues in the watershed features: upstream of the dam. Urban development increases flood runoff and the purpose of the dam is to diminish flood • Enlarge the existing emergency spillway. discharges in Ashbrook Wash downstream of the dam. • Raise the earthen embankment of the dam by about 5 Additionally, meteorological and hydrological advances feet. since the construction of the dam have improved the analytic • Add an auxiliary outlet works. techniques to estimate flood magnitudes. Consequently, the dam,outlet and spillway no longer provide the level of flood Ancillary features of the alterations to the dam include: protection that was intended for the flood control facility. • Installation of school security fencing between the Project Purpose park and the athletic field. The purpose of this project is to implement alterations to the • Flood mitigation of the gymnasium and cafeteria. dam to bring it into compliance with regulations for dams in • Reduced flood inundation of the park for more Arizona as administered by the Arizona Department of Water frequent floods. Resources, and to restore and improve the flood control benefits of the dam. The end results of implementation of the project are: • Restoration of required dam safety standards. • Elimination of more frequent flood hazards to school facilities • Improved flood protection for school facilities in the athletic field • Improved drainage of the park and ball fields • Upgrading of the outlet to restrict access by people and animals. C:\WINDOWS\TEMP\handout for 2nd public mtg.doc Law Offices Of William E. Farrell, P.L.L.C. Tel(480)661-6044 William E.Farrell Suite 220 Fax(480)661-7454 10135 E.Via Linda Scottsdale,AZ 85258-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrel or Town Attorney DATE: April 20, 2000 RE: Arizona Corporation Commission Letter Chaparral City Water Company Southern California Water Company L` The April 6, 2000 agenda contained an item asking council authorization to forward a letter from �r Town Attorney's office to the Arizona Corporation Commission regarding the Town's position in relationship to the sale of the water company to Southern California Water Company. At the council meeting of April 6 several questions were raised by council concerning some litigation in the State of California in which the new purchaser was involved as well as several questions regarding whether or not the purchase price of the utility would be a basis for a rate increase. Following the meeting I contacted the local attorney retained for Southern California matters and informed him of the Council's concern. On April 14, 2000 the Mayor and Council all received a three page letter from Mr. Floyd E. Wicks, President and CEO of American States Water Company, the parent corporation of Southern California. On Monday, April 17, 2000 I received a 91 page report submitted by the California Public Utility Commission which was a draft of an opinion by that commission regarding some of the litigation in which Southern California Water is involved. On Tuesday, April 18, 2000 I received a 9 page notice of reorganization filed before the Arizona Corporation Commission by CCWC as well as 60 pages of exhibits attached thereto. Late on the afternoon of April 18 I had an approximately 1 hour conversation with attorney William Koska, one of the attorneys who represents Southern California Water in their litigation. Quite frankly I just have not had time to review this material in any more than a cursory way and I have not had an opportunity yet to contact the Arizona Corporation Commission regarding the procedures or to review the law and the regulations on CCWC's request for L Z:\WPDATATH\CCWC\staffmem.wpd April 20, 2000 RE: Arizona Corporation Commission Letter Chaparral City Water Company Southern California Water Company Page 2 reorganization. Mr. Wick has made a trip to Arizona to meet with governmental regulators at the state level and will be at the council meeting on the evening of April 20 and would like an opportunity to address the council. Should the three page letter from Mr. Wicks be adequate assurances for you I will forward the letter to the corporation Commission. If however you would wish to wait until our May 4, 2000 I could have additional time to review the documents and contact the Corporation Commission to fully answer the previous questions. Respectfully submitted, 73.01/4 William E. Farrell Town Attorney Z:\WPDATATH\CCWC\staffmem.wpd TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: April 14, 2000 SUBJECT: SP00-008; "Preliminary Plat of the Plaza Fountainside" a four lot subdivision project. This is a request for Preliminary Plat approval of a four lot subdivision located at the northeast corner of Saguaro and El Lago Boulevards. The Planning & Zoning Commission and Staff recommend approval of the preliminary plat with sixteen (16) stipulations. The minimum requirements of The Zoning Ordinance and The Subdivision Ordinance for the Town of Fountain Hills will be met with conformance to the stipulations provided. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L TOWN OF FOUNTAIN HILLS PLANNING &ZONING COMMISSION AND STAFF REPORT April 20, 2000 CASE NO: SP00-008 PROJECT MANAGER: Dana Burkhardt LOCATION: East of Saguaro Blvd., north of El Lago Blvd. and southwest of Fountain Park REQUEST: Consider approval of "Preliminary Plat of the Plaza Fountainside", a request to subdivide approximately 5.92 acres of commercially zoned land. DESCRIPTION: OWNER: Victoria Properties Management L.L.C. APPLICANT: R.B. Williams &Association, Inc. EXISTING ZONING: "TCCD" Town Center Commercial EXISTING CONDITION: Graded LOT SIZE: 5.9224 acres SURROUNDING LAND USES AND ZONING: NORTH: Fountain Park, zoned "OSR" SOUTH: Undeveloped 'Well Site/Parcel 12", zoned "C-1" EAST: Fountain Park, zoned "OSR" WEST: Undeveloped, Town Center Ill; zoned "C-2" SUMMARY: This request is for approval of "Preliminary Plat of the Plaza Fountainside" which is a three (3) lot and one (1) parcel subdivision. Due to the simplicity of this request a "fast track" process is being allowed. The owner, Victoria Properties Management, LLC, has chosen to subdivide this parcel as previously stated. The proposed lot orientation meets all the requirements of the `TCCD" Zoning District for size and dimensions. Hillside disturbance regulations of the Subdivision Ordinance are being met by the preservation of all the "R-190" zoned portion of the subdivision. That land, as shown as Parcel "A", will be dedicated to the Town. The Town is requiring the disturbance of the hillside slopes on the eastern side of the subdivision as a part of the Fountain Park improvements, and is therefore exempt from the land disturbance regulations, and as further agreed to by the Shared Parking Agreement with the developer. This subdivision meets all the requirements of the Town of Fountain Hills Subdivision Ordinance if approved with the stipulations staff has requested. On April 13, 2000 the Planning & Zoning Commission discussed this agenda item. A primary concern of the Commission was the potential danger the proposed open box culvert in Fountain Channel poses. Staff agreed that measures should be taken to restrict access and mitigate the dangers of the open culvert. With respect to these concerns, stipulation sixteen (16) has been added to the recommendation to Town Council. RECOMMENDATION: The proposed lot configuration is in compliance with the regulations of The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of "Preliminary Plat of the Plaza Fountainside" with the following stipulations: 1) Add a fire hydrant at the northeast corner of El Lago Boulevard and Saguaro Boulevard. 2) Submit water plans as part of the improvement plans showing removal or abandonment of existing infrastructure, and quantities and material list of proposed infrastructure acceptable by Chaparral City Water Company. 3) Provide seven and a half (7.5) feet of dedicated right-of-way behind the existing curb locations along Saguaro and El Lago Boulevards. 4) All construction and grading shall conform to the regulations of the Zoning Ordinance of the Town of Fountain Hills. 5) Provide all necessary documents needed by the Town to accept dedication of Parcel "A" prior to final plat recordation. 6) Provide a ten (10) foot sidewalk and landscape easement along Saguaro and El Lago Boulevards with eight (8) foot wide meandering sidewalks. 7) Provide off-site engineering plans for the Town Engineer's approval with the final plat submittal for those required improvements (paving, medians, landscaping, grading, drainage structure, etc) within both street rights-of-way and Fountain Channel. These plans and any required reports are to be approved prior to final plat recordation. 8) Provide a revised drainage report with final plat submittal for Town Engineer approval. This report is to include engineering and hydraulic flow data in compliance with all Flood Control District and US Corp of Engineer requirements for extending the box culvert and filling within Fountain Channel. 9) Provide a left turn pocket lane on Saguaro Blvd as previously agreed to. 10) Extend the median and provide a left turn pocket lane on El Lago Blvd. Coordinate the road design and traffic circulation in this area with the Parcel 12 replat. The Town and the Developer will review the results and recommendations from the revised Traffic Study for future implementation. 11) Show the proposed locations of both driveways (Saguaro Blvd and El Lago Blvd) on the preliminary plat. 12) Provide a vehicular sight easement along the Saguaro Blvd frontage located south of the Saguaro Blvd driveway. 13) Label the 100-year floodplain water surface limits and elevations on the preliminary plat. 14) The project will require a US Corp of Engineers 404 Permit for all work within Fountain Channel. This permit is to be required prior to issuance of the building permits for Lot 2 and the proposed shared parking lot. 15) Provide a revised traffic report with the final plat submittal to be approved by the Town Engineer. This report is to address and analyze: (1) all significant internal and external traffic circulation patterns (2) all entrances/exits and left turn pocket lanes (storage length), etc. 16) Study and provide means of securing the proposed box culvert in Fountain Channel. L } - i'cn t 01 TOWN OF FOUNTAIN HILLS e•'°� l COMMUNITY DEVELOPMENT DEPARTMENT k r 4 . PRELIMINARY`PLAT ARPLICATION r 1.. Date Filed ill- DO Fee Paid $, I 7J 00 Accepted By, Plat Name/Number ' D2G P/47a / / j?7Lm/r) 516G Parcel Size Number of Lots 257. 97' ,5 Z SI7/.1ZZt1 )<'c,-e LI Number of Tracts Zoning Tct p i`tired llo General Plan Land Use Designation C-7(ntr4 �►rirefCl c i f c., / Density Requested (Dwelling Units Per Acre) - Applicant Day Phone i/ � S2wlc, J . 8. WI//ig1-)5 / i9S5C-e. , 7,,z. ' .,' Address City ST Zip 95.7 4/. &>>hn'7/ /?c�. 5TT 4-1 j'S 6-Vber� /9 Z 3 .? / Owner Day Phone iriC-lG'r�«t kii-E(f lc'S 1221��'e.) ''-/ / GG-e' 1 _ o Address - City ST Zip S/.Ici S. G/g 5 7 io /e/rrG i 5zg/ Attachments (Please list) (, !<l J/tic,Ali rv7 ; /9,)/7,, ncri , U?;Jrt� • ��, ,lf, -Trr#,( 5/iic) J r Signature of Owner I HERBY AUTHORIZE (Pease Print) Date �/� ry,�Q MICE I a C u, fc 6 111LzZ . rl. . -,D'r TO FILE THIS APPLICATION. z I )�� Subs i ed and sw•/n before me this ,s day of �-4-1 .c.4- — — Cj) L,YL My Commission Expires s'/ Ld / Notary Public • ,,,- - `�- ��`��,._. , ,,E sr�, ^iql sE�� S p' `' 7.. R -i ALD1NF E BROWN • -.RJZONA COUNTY �' yLc,n E..y7to; hnl11.,/ MI (Seal) Fee Schedule Attached --��'.�—��—,»�--»��.. ' TFH Case Number Li c - ' • _I _ -.. __= Og t _ '. ogat.Coat, imor-_"4•1.1rmAlt- il; i _ CO ___.----"---' ‘111...`y•-r;' 004 W -' s. 'A.T — _1 Z tea.�� L '_� \' 1 D j I t r ±- = ..,....‹.:::Ne VL'.4', waarePli,_..,-.•1. k w � 1 i 't / i .y }} W r 4. ,, ,, t 1 , , } 0 3 1,1 t, ;�' 1 , #KLT71t ::1/ C-- 1 2 k I i', N----1---:-7,- . ;.-;:-..;'•'.P. '. . # .: hi,, It /!,:t.-: i, �.. 1 1 jf4 1 r c' f} 1 J 4 )\\\‘‘k „i'4,, \ t . 11 I I .1 ,i 1,1 )117 / i' %. k\ A . ,;,,.. 1 t• 1 s m ---- - 114 \ .1 ',\•:, 1 l 1 tli iim7,----- 1t / /‘ ( / 11 1 . jr---:---L-'''''* .N.-\\\ \ \ \ " 1, j:J 11111_ �� / �j7_ I 'I r' u. 1 ir !!!!! . j /-`y 1 441). F.-� ,' 1 ia% �" r i' i • /t� 1 J'/ I if/ f ..il r �I//I JI" iii / A}P�pj J ( A 71 Mili'7 Zai I •�hh ql � r :1 .il; , 7,7 c„, i . iiisibtriiir :Igiiii : . , .. ., 41.,g,411;1 oil H g \ / , , r b it 1 illillifdt .heir MR 4 7 Nit ,.„ ,.// 4.4 14. • i; y i ii ' , ! i 0110s1 !It! if 9 ig Ag I 11 : i 1 ig 1 g ,4 ill if ,/, i i 3111 • s • i 1 iI t.10 ! /- p r ill '� illiiIII" 1111121 //I,i/ 11 5! F�I ti'm / / . : 1 ' :7,3 Ait?':),- . / I// /li Ar. r f` j 41$ nr.teu► _ Farman pa..moo. 5 000 • oo ?? INFORMATION PACKET MC DOWELL MOUNTAIN MANAGER/ATTORNEY PROPOSAL (MAP) The following represents a summary of the major points of the Manager/Attorney Proposal (MAP): • MAP allows the Town to obtain as much preserve land as it can afford at a fair and reasonable price. Therefore, it removes the presumption that MCO should unilaterally dictate to the Town what preserve land it can afford or should afford to buy. • MAP allows the Town to implement the MMPC's trail system including a centrally accessed trailhead. • MAP does not combine the mountain issue with the Target issue, thus, allowing the subdivision ordinance to be applied in each individual case. • MAP recognizes that the mountain plats are not currently in compliance with the subdivision ordinance and therefore, have not yet been presented to the Planning and Zoning Commission. • MAP makes a very large concession to MCO; it provides for a maximum allowable lot count without the benefit of full Council, staff, and Commission review. And, if when the appropriate and complete application of the subdivision ordinance is made, a greater lot yield is realized, then MCO will receive the increased yield. (It should be noted that MCO's 445-lot subdivisions are simply the old 550-lot subdivisions as previously submitted, less the lots in the areas to be purchased by the Town.) L • MAP is absolutely legal. It allows the Council, at the appropriate time, to review the subdivision plats. It recognizes the Council as the governing body of the Town and it does not attempt to illegally delegate Council authority to the manager, attorney, or any person(s)to meet an artificial deadline. • MAP preserves the integrity of the Town's subdivision ordinance, including the Mower Amendment, cut and fill regulations, and the cul-de-sac length requirements. • MAP does not allow another gated community to be established in the Town. • MAP allows the staff to complete its review of the plats and allows the Planning and Zoning Commission the ability to properly review the plats and make unhindered recommendations. • MAP is unique as it allows the current Council to lay the foundation for the establishment of the McDowell Mountain Preserve, provides for the fiscally responsible acquisition of preserve property, allows development of over 300 luxurious home sites, and it settles the outstanding litigation. • MAP then allows the new Council the complete ability to review and approve all of the major points of settlement. L Law Offices Of William E. Farrell, P.L.L.C. Tel(480)661-6044 William E.Farrell Suite 220 Fax(480)661-7454 10135 E.Via Linda Scottsdale,AZ 85258-5312 MEMORANDUM TO: Mayor and Council Town Clerk FROM: Paul Nord' Town Man r William E. Farrel .,,frQ Town Attorney WI DATE: April 14, 2000 RE: Agenda Item 18 Litigation Settlement Negotiations BRIEF HISTORY: The Town Council approved the Firerock Development Agreement with MCO Properties on May 21, 1998. Among other things the agreement called for MCO to deed to the Town of Fountain Hills three hundred eighty-six (386) acres of land located in the McDowell Mountains. This consisted of two separate and distinct parcels depicted on Exhibit A. The parcels were not contiguous and access to the western most parcel became an immediate concern to the Town. That concern resulted in the adoption of Resolution 1998-43 on August 17, 1998 authorizing the acquisition by gift, purchase or eminent domain of approximately 18 acres of land needed to connect the two parcels and to facilitate their development as a preserve area and possible connection to the Scottsdale McDowell Mountain trail system. MCO and the Town then entered into ten months of negotiation which culminated on the evening of July 1, 1999 when the Town Council by a four to three vote rejected a development agreement that would have allowed MCO substantial waivers from the Town's subdivision ordinance and would have allowed for the development of up to 340 single family dwelling units. The Town would have received fee simple title to approximately 310 acres of land for the payment of the sum of$6,000,000. Numerous other terms and conditions were included in the development agreement but are not relevant to tonight's discussion. Lase C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendalteml8.wpd April 14,2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 2 Following the vote of July 1, 1999 the Town prepared its eminent domain lawsuit and served MCO Properties on July 13, 1999. On July 28, 1999 MCO filed two plat maps requesting permission to develop five hundred and fifty(550) lots in total and utilized all of their 1,270 acre parcel. Negotiations between the parties continued and the eminent domain lawsuit CV 99-12291 was not actively pursued by either party. On October 21, 1999 the Town Council adopted Ordinance 99-30 which staff would best describe as a technical correction to the subdivision ordinance. MCO organized a referendum committee and presented the Town with a large number of signatures requesting that the adoption of the ordinance be placed before the qualified electors of the Town at the next regular election. The Town rejected all of the petitions submitted by the committee on the basis that they did not conform to the state statutes regarding referendum. The committee then sued the Town on January 6,2000 in a Superior Court Case known as CV 99-22556. Also on the evening of October 21, 1999 the Town Council adopted Resolution 1999-12 which set forth the Fountain Hills McDowell Mountain Preserve consisting of Parcels 1 through 4 and 7 through 11 and roads and trails depicted on Exhibit A. Lor CURRENT NEGOTIATIONS - RULE 408 OFFERS OF COMPROMISE AND SETTLEMENT. On December 1, 1999 MCO through its attorneys presented to the Town Attorney it's first Framework for Settlement proposal made under the provisions of Arizona Rules of Evidence Rule 408 which is an offer of compromise and settlement which is not admissible in court should the litigation ultimately become a matter for a judge and jury. The Town Council discussed the settlement in executive session and instructed the Town Attorney to prepare a response which was delivered to MCO on January 10, 2000. A second Framework for Settlement was presented to the Town Attorney by MCO's attorney on February 4,2000 which altered some of the conditions of its first proposal and responded to the Town's comments. A second response to Framework for Settlement was sent to MCO on February 22, 2000 by the Town. A third settlement communication was delivered to the Town on March 2, 2000 by MCO which coincided with a scheduled executive session of the Town Council and a response to the third proposal was made to MCO by the Town on March 3,2000. It became apparent to the Town following the third proposal that it was the desire of MCO to carry on these proposals of settlement and compromise in a more public nature then the Council had indicated in its communications that settlement of litigation should be directed through the C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendalteml8.wpd April 14, 2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 3 Town Attorney's Office. MCO's fourth proposal dated April 5,2000 was delivered to the Council and discussed in executive session on Thursday, April 6, 2000. MCO also made copies of the proposal and its attachments available to members of the public and the media and the proposal in detail was published in the Fountain Hills Times. Mr. Hank Lickman of MCO Properties requested Mayor Morgan to place this item on the Council's agenda for public discussion on the evening of April 20, 2000 since the offer expires on its face at 5:00 p.m. on April 28, 2000 and that there are no other regularly scheduled council meetings prior to the April 28th date. NATURE OF COUNCIL ACTION: This agenda item marks the first time in the ten(10)year history of the Town of Fountain Hills that negotiations for the settlement of pending litigation will be conducted at an open public meeting. There is a debate between the Town's legal team and the MCO legal counsel as to whether or not statements made at the Town Council meeting could ultimately be introduced to a jury should these matters go forward to litigation. The decision, however, by the Town Attorney is that a healthy and open debate may well serve the interest of the citizens, the Council and MCO and therefore this item is on the agenda this evening for discussion, negotiations, public input and possible action. STAFF PROPOSAL: The Town Manager and the Town Attorney as well as our retained outside counsel, Mr. Thomas Irvine, had been primarily responsible for the negotiations with MCO ever since the conclusion of the Firerock development agreement. The remainder of this staff report is totally and exclusively the product of the Town Manager,the Town Attorney and our outside counsel. It is our collective effort to provide you with a working document that will assist you in these open and public negotiations. The Town Staff recommendation tracks identically the thirteen(13)points of the MCO offer of April 5, 2000. Each MCO point is repeated with a Town Staff point and were appropriate a policy analysis and a legal analysis. Two exhibits have also been prepared which are comparable to several of the MCO exhibits. LITIGATION ANALYSIS: MCO's fourth "Framework for Agreement" proposes to allow for the dismissal through settlement of both the eminent domain action filed by the Town and the referendum challenge filed by MCO. It is the opinion of the Town Attorney and our retained counsel that an acceptable settlement of the eminent domain actions would be in everyone's best interest. It is further the opinion of the Town Attorney and retained counsel that the referendum litigation might not be in C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendalteml8.wpd April 14, 2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 4 everyone's long term best interest to be settled through negotiation. It is the opinion of the Town Attorney that the referendum litigation is entirely about process and not about substance and has little or no bearing on the settlement of the development rights and the acquisition of real property. It is the Town's position that absent a definitive settlement of the issues raised in the referendum litigation then the Town Clerk and the Town Attorney will be without necessary guidance to determine the adequacy of future referendums. At no time has either the Town Council or Town Staff ever desired not to give every qualified elector of the Town the opportunity to vote on an initiative or referendum matters. The Town is fully committed to the proper process for the exercise of the right to vote by its citizens. It is the Town's position that the right to vote was not properly exercised by the MCO Committee for Referendum. MCO's position of course is diametrically opposed and is well expressed in the seven counts of the lawsuit that they filed. There are no monetary issues involved in the referendum litigation and should MCO be successful in that litigation the Town would gladly give all of the citizens who wish to participate an opportunity to vote on Ordinance 99-30 at a future election. Should the Town prevail in its defense on the lawsuit then there is a strong possibility that the court ruling would provide the necessary direction to the Town Clerk and the Town Attorney regarding future referendums. The ultimate conclusion of the Town Attorney therefore is that the referendum litigation should be of minor consequence in this evening's negotiation and its dismissal is not a critical element to this process. MCO PROPOSAL 1: 1. The Town will purchase from MCO approximately 267 acres of property (the "Preserve Property"),which is depicted on the attached Exhibit A and which is located in the planned Eagles Nest and Eagle Ridge North subdivisions. Closing of the transaction will occur on or before the 60th day following the execution of the Settlement Agreement. The Preserve Property includes all of the property described as MMPC Priority Areas 1 and 2 and approximately one-half of Priority Areas 3 and 4. STAFF PROPOSAL 1: 1. The Town will acquire or purchase from MCO 452 acres depicted on Town's Exhibit A as parcels 1 through 4 and 7 through 11 of the approved McDowell Mountain Preserve acquisition priority map. Closing of the transaction will occur on or before the sixtieth day following the execution of a settlement agreement. C:\Program Files\Adobe\Acrobat 4.0\Acrobat\p lug_ins\OpenAll\Transform\temp\Agendaltem l 8.wpd April 14, 2000 RE: Agenda Item 18 �r Litigation Settlement Negotiations Page 5 Policy Consideration: It is the established policy of the Town that these nine areas constitute the acquisition priority of the Town for preservation and the acquisition thereof by gift, purchase or eminent domain and is consistent with the powers of the Town of Fountain Hills. Legal Analysis: It is always sound legally to acquire property through gift or purchase rather than eminent domain due to the uncertainty of the value that would be placed upon the property should the sides be forced to trial. MCO PROPOSAL 2: 2. The price to be paid for the Preserve Property will be determined by an independent appraisal,but will in no event be less than$35,000 per acre nor more than$45,000 per acre. On or before the date of execution of the Settlement Agreement,the Town and MCO shall select a mutually acceptable appraiser. The appraisal will be completed with 45 days following execution of the Settlement Agreement and will determine the fair market value of the Preserve Property as a part of the larger parcel consisting of MCO's 1290-acre assemblage. STAFF PROPOSAL 2: 2. The price to be paid for the Preserve Property will be determined by an independent appraisal,but will in no event be less than$20,000 per acre nor more than$33,500 dollars per acre. On or before the date of execution of the settlement agreement, the Town and MCO shall agree upon a detailed criterion for evaluation and shall select a mutually acceptable appraiser. The appraisal shall be completed within 45 days of the settlement agreement and will determine the acquisition price of the Preserve Property. Policy Consideration: The acquisition of over 450 acres of real property at the prices indicated would constitute a major financial undertaking on the part of the Town but would clearly establish the permanent long term preservation of the McDowell Mountains and establish a primary goal of the Town and the Town Council. C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendalteml8.wpd April 14, 2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 6 Legal Analysis: The range of$20,000 to $33,500 is far more consistent with what the Town Attorney and retained counsel feel would be a realistic jury verdict considering comparable sales that form the basis for an appraisers expert opinion. MCO PROPOSAL 3: 3. The purchase price for the Purchase Property will paid$7 million in cash at closing with the remaining balance secured and paid in a manner acceptable to MCO and the Town. The deferred balance of the purchase price,if any,shall bear interest at the rate of 8%per annum. STAFF PROPOSAL 3: 3. The purchase price for the Purchase Property will paid$7 million in cash at closing with the remaining balance secured and paid in a manner acceptable to MCO and the Town. The deferred balance of the purchase price,if any,shall bear interest at the rate of 8%per annum. Policy Consideration: The Town has the current capability of paying seven million dollars cash at closing and the remaining balance can be secured in a manner acceptable to both MCO and the Town with an interest rate of 8%per annum. Legal Analysis: None MCO PROPOSAL 4: 4. MCO will agree to waive its claim for severance damages. STAFF PROPOSAL 4: 4. MCO will agree to waive its claim for severance damages. Low C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendaltem l 8.wpd April 14, 2000 RE: Agenda Item 18 �r Litigation Settlement Negotiations Page 7 Policy Consideration&Legal Analysis: The Town agrees wholeheartedly that MCO should waive its claim for severance damage in that this is not a taking of real property but a negotiated acquisition. MCO PROPOSAL 5: 5. The Town will approve the plats attached as Exhibit B which include not more than 445 single family detached residential lots. IN addition,the Town will,coincident with the plat approvals, grant all waivers necessary for development of Eagles Nest and Eagle Ridge North subdivisions in accordance with the plats (including, but not limited to, waivers or variances for cut and fills over ten(10)feet,road gradients,roadway retaining walls,cull-de- sac lengths, gates in Eagle Ridge North, etc.). The Town will also approve an average of 18,000 square feet of disturbance per lot. STAFF PROPOSAL 5: 5. MCO will prepare and file with the Town plats for its remaining real property depicted in Exhibit A as the white area and the plats will be reviewed in the ordinary course of business for their conformance to requirements of the adopted zoning and subdivision ordinances of the Town. It would be the estimate of the Town that the remaining property owned by MCO could support at least 312 dwelling units; however, the applicant is free to submit any combination of subdivision plats that would be in total conformance with the subdivision ordinance and which might yield higher numbers of dwelling units. Waivers from the strict requirements of the subdivision ordinance may be applied for by the developer but the Town makes no representations as to whether any of those waivers would be granted until such time as the Town Council has had an opportunity to review the detail of such waivers on a case by case basis. Gating is allowed only by use of a development agreement and Staff does not support a gate in the Eagle Ridge North area. Policy Consideration: It is the position of Staff that the normal and ordinary plat process of the Town should be strictly followed. It is Staffs opinion that the applicant possesses both the creative and technical skills to develop plats that are in total conformance to the Town's adopted ordinances and to achieve the maximum development potential of their property. Legal Analysis: It would be the legal opinion of the Town Attorney and retained counsel that MCO proposal C:V'rogram Files\Adobe\Acrobat 4.0\Acrobat\p lug_ins\OpenAll\Transform\temp\Agendaltem l 8.wpd April 14, 2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 8 number 5 would violate both the state statute and the town ordinances requiring approval of preliminary and final plats by both the Planning and Zoning Commission and the Town Council. The present plats referred to in the MCO offer have not been presented to the Planning and Zoning Commission and currently are not in conformance with the subdivision ordinance of the Town. In order to facilitate MCO Proposal 5 it would require extensive revisions and/or possible revocation of substantial portions of the subdivision ordinance and zoning ordinance which,even if desired,by all seven members of the Council, could not be accomplished in any less than sixty to ninety days. MCO PROPOSAL 6: 6. Exhibit C reflects a trail system which is slightly modified from that previously proposed by the MMPC. MCO will donate land for the trailed located at the south entry to Eagle Ridge North and will construct both the parking area and the trail shown in blue on Exhibit C. The Town will be responsible for constructing the trailed in Eagles Nest and for the portion of the proposed trail which is shown in red. STAFF PROPOSAL 6: 6. Exhibit B to the Town's proposal reflects a trail system previously proposed by the McDowell Mountain Preservation Commission. The Town would accept the donation of land for a trail head located at the south entry to the Eagle Ridge North area and will accept construction by MCO of the parking areas and the trails as shown on Town Exhibit B. The Town would be responsible for all other trail head and trail construction. Policy Consideration: The acquisition and preservation of the nine parcels of the McDowell Mountain Preserve Map acquisition offers the community an opportunity for both actively and passive use. Great care must be taken to make sure that the trail system and it's access are carefully planned to maximize the opportunity for participation and to preserve to the highest degree the opportunity for passive observation. Legal Analysis: None required. ,. C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendalteml8.wpd April 14, 2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 9 MCO PROPOSAL 7: 7. MCO will provide paved vehicular access road through Eagles Nest to MMPC Priority Area 2. STAFF PROPOSAL 7: 7. MCO will provide paved vehicular access road through the Eagles Nest area to the edge of McDowell Mountain Acquisition Property. Policy Consideration: The Town should be responsible for road access in its preserve area. Legal Analysis: None required. MCO PROPOSAL 8: 8. The Town will grant to MCO an appropriate right(easement)to construct utility loop lines within the existing"jeep trail" alignment and to assure that the"jeep trail"may be utilized for emergency access. To the extent required by Chaparral City Water Company,the Town will grant to MCO an easement to permit location and construction of a water tank(and for access thereto)within the Eagles Nest land conveyed to the Town. STAFF PROPOSAL 8: 8. The Town will work with MCO and the appropriate utility companies to allow utility loop lines necessary to provide utilities to both the Eagles Nest and Eagles Ridge North area. The nature, location, environmental treatment and revegetation of those easements shall be determined by the Town. The Town will work with Chaparral City Water Company and/or it successors to facilitate the permanent location of necessary water tanks together with access based upon a physical location on Town acquired property to be mutually agreed upon by the water utility and the Town. Policy Consideration: It is absolutely necessary and vital to the development of the Eagles Nest area and the Eagle Ridge North area that all public utilities be made available to the future residents. The Town is sensitive to the physical appearance and location of water tanks at the elevation in question and will C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendaltem I 8.wpd April 14, 2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 10 work closely with the utility company to provide the best possible and feasible location for water tanks and permanent access thereto. Legal Analysis: None required. MCO PROPOSAL 9: 9. The Town will agree to the limitations on future moratoriums as described in the proposed Development Agreement dated July 1, 1999. STAFF PROPOSAL 9: 9. The Town will consider a development agreement,if requested by the developer,at the time preliminary and final plats for Eagles Nest and Eagle Ridge North are presented to the Council. Policy Consideration: The issue of Moratorium is one in which the Town's position is somewhat limited by the existing state statute on moratoriums and must be preserved to the extent that the lack of adequate public facilities available from both the Town and other governmental and private utilities including but not limited to police protection, fire protection and schools must be considered. Legal Analysis: It is legally unsound to provide moratorium protection in one area of our community when the causes for a moratorium may be entirely outside of the control of the Town. MCO PROPOSAL 10: 10. Upon closing, MCO will donate to the Town the property depicted on Exhibit D. STAFF PROPOSAL 10: 10. The Town has devised a method whereby offsite land acquisition can occur to assist a property owner who does not own sufficient acreage for the purposes of compliance with the C:\Pmgram Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendalteml8.wpd April 14,2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 11 Town's disturbance regulations. It may be totally unnecessary to facilitate Shea Boulevard development for the Town to accept the parcel depicted on MCO Exhibit D. Policy Consideration: The Town Staff has made recommendations to the Town Council in the one case currently pending before the Town Council which would involve the acquisition of additional property by the proposed developer for satisfaction of the Town's disturbance regulations. Although the offer of donation is generous it may not be needed at this point in time. Legal Analysis: None required. MCO PROPOSAL 11: 11. The referendum lawsuit will be dismissed. The complaint in the condemnation action will be amended to include the 267-acre Preserve Property. A stipulated, non-appealable Judgment will be entered in the condemnation action incorporating all of the terms of the settlement. The terms of the settlement will be non-severable. STAFF PROPOSAL 11: 11. The existing complaint in the eminent domain action for approximately 208 acres will be stipulated to be placed on the inactive calendar until such times as the settlement is complete at which time the action will be dismissed. The referendum lawsuit would be dismissed upon the settlement agreement being executed. The dismissal would be with prejudice. Policy Consideration: A global settlement of this nature may well produce nonlegal problems not presently anticipated by the parties but which could result in the settlement being frustrated by lack of agreement between the parties on the details of the settlement. Legal Analysis: As indicated earlier,the referendum lawsuit is of little significance to the global settlement of the issues between MCO and the Town. The Town should not vacate its current valuation dates for both the 18 acre parcel and the 190 acre parcel and should not increase the area desired for C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendalteml8.wpd April 14, 2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 12 acquisition by eminent domain until additional funds have been identified. MCO PROPOSAL 12: 12. If this offer is not accepted by the Town of Fountain Hills on or before April 28, 2000, at 5:00 p.m.,it will be deemed automatically revoked and of no further force and effect without any further action by MCO. STAFF PROPOSAL 12: 12. If this offer is not accepted by MCO Properties on or before April 28, 2000,at 5:00 p.m. it will be deemed automatically revoked and of no further force and effect without any further action by the Town. Policy Consideration and Legal Analysis: None required. MCO PROPOSAL 13 13. The Town Attorney and Town Manager shall be directed to finalize with the attorneys for MCO all necessary documentation necessary to finalize this Agreement and the City Council shall take such appropriate action as is necessary so that the appropriate authorized representative of the Town of Fountain Hills may sign this Agreement on or before April 28, 2000. STAFF PROPOSAL 13: 13. The attorneys for both MCO and the Town shall prepare all necessary documents effecting the settlement and compromise agreed to, if any, and present them to the Council for ratification at regularly scheduled council meetings. Policy Consideration: Sound public policy dictates that these agreements should be debated as well as being open to public comment prior to ratification. Lare C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendalteml8.wpd April 14,2000 RE: Agenda Item 18 Litigation Settlement Negotiations Page 13 Legal Analysis: It is necessary for agreements of this nature which require expenditures of public funds to be ratified and adopted by the Town Council. Delegation of that authority to the Town Manager and the Town Attorney could well be considered an ultra virus act on the part of the Town Council and could be declared as void in subsequent tax payer litigation. RECOMMENDATION: Town Staff recommends that council negotiate within the framework and the spirit of the MCO and Town proposals and to take whatever action deemed appropriate and legal by a majority of the council. (kiw. . /r) Paul Nordin William E. Farrell Town Manager Town Attorney C:\Program Files\Adobe\Acrobat 4.0\Acrobat\plug_ins\OpenAll\Transform\temp\Agendalteml8.wpd ECONOMIC DEVELOPMENT AGREEMENT THIS AGREEMENT , made and entered into this day of , 2000, by and between the Town of Fountain Hills, a municipal corporation in the State of Arizona, hereinafter known as "Town" and Barclay Group Venture Capital, LLC, an Arizona Limited Liability Company, hereinafter known as "Barclay Group" hereby agree as follows: WHEREAS, A.R.S. § 9-500.11 provides for the Town to make a finding that a project will assist in the creation of jobs and/or will improve or enhance the economic welfare of the inhabitants of a town; and, WHEREAS, the Town Council hereby makes such findings in relation to certain real property, more particularly described in Exhibit"A" attached hereto and hereinafter referred to as the "Barclay Group Project"; and WHEREAS, the parties wish to reduce to writing the terms and conditions of this agreement. 1. That the Town may reimburse Barclay Group a sum of money not to exceed Nine Hundred Eighty- Nine Thousand Dollars ($989,000) plus annual interest at the rate of 7% over a period of time as and for the development of retail sales and other business activity on the real property described in Exhibit "A" and known as the Barclay Group Project. 2. This obligation shall be effective beginning on the first day of the month in which an anchor tenant commences business with the general public at its place of business on the Barclay Group Project land. An anchor tenant is hereby defined as a national chain retailer occupying at Law least 100,000 square feet of improvements. 3. The Town Shall then establish a base line amount effective the first day of that month in which the anchor tenant opens for business, said amount consist of the total amount of sales tax paid by all retail businesses within the Town, outside of the Barclay Group Project, in standard industrial classification codes 52 through 59. 4. The Town may make the payments called for hereunder from any source of funds legally available for such expenditure and does not create,by this agreement,any lien or reservation of transaction privilege tax funds or other funds that would not be available for economic development. 5. The Town and Barclay Group hereby agree and acknowledge that after the initial Anniversary date, the annual anniversary date can be established as of March 31 S` in the year following the commencement of the anchor tenant, and shall be the 315` day of March for each consecutive year thereafter. The Town shall collect the required information from confidential records provided to the Town by the Arizona Department of Revenue and shall make its estimate of payment according to the following schedule: Transaction privilege tax received in January, February or March shall be tabulated and a payment due, if any, shall be made on or before May 25`h Transaction privilege tax received in April, May or June shall be tabulated and a payment due, if any, shall be made on or before August 25`h Transaction privilege tax received in July, August or September shall be tabulated and a payment due, if any, shall be made on or before November 25`h. Transaction privilege tax received in October, November or December shall be tabulated and a payment due, if any, shall be made on or before February 25`h 2 6. Town and Barclay Group agree and understand that the information,which shall be used as the basis for determining this payment, is confidential by the laws of the State of Arizona, and that each and every occupant retailer,whether an owner or tenant,in the Barclay Group Project, shall be required to sign an appropriate waiver of confidentiality to the Town for the purposes of gathering the statistical information necessary. The failure to sign a confidentiality agreement will not disqualify sales tax collected from that merchant but rather the Town will make an estimate and such Town estimate will be final, conclusive and binding without the right of inspection or audit. 7 The Barclay Group shall be entitled to an amount equal to 50 percent of the local sales tax collected and paid to the Town by merchants doing business on the Barclay Project. 8 At each March 31' anniversary date, or as soon thereafter as possible, the Town shall determine whether or not transaction privilege tax collections from all other merchants in the retail classification have increased or remain constant. Should the determination be made that the base amount has increased or remain constant, then the Town staff shall recommend that the 50 percent payment continue. Should the results on the anniversary date show that the baseline amount has decreased, then the amount of the decrease shall determine a dollar-for-dollar proportional reduction in the obligation of the Town to the Barclay Group for the next fiscal year provided, however, that in no event shall the contribution from the Town to the Barclay Group be less than 25 percent of the transaction privilege tax annually collected from Barclay Group merchants. 9 The payments shall continue until such times as the Barclay Group has received the full amount of economic development compensation on for ten(10)years whichever event first occurs. 3 STATE OF ARIZONAthy ) ) ss. County of Maricopa ) SUBSCRIBED AND SWORN to before me, a notary public, by , an individual authorized to sign on behalf of the Barclay Project Group, known to me, or sufficiently proved to me, to be the person whose name is subscribed to the agreement attached hereto. Notary Public My commission expires: 5 Chron 57 Crt MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelari•, Civil Engineer REVIEWED: Tome rd, I terim T n . ,' - r THROUGH: Paul ''. ;i,, Town Manager DATE: Apr? , 2010 , RE: Grant of A, cess Easement EAA00-03 Community Center 11445 North Saguaro Blvd. Fountain Hills, AZ 85268 The property owner,The Town of Fountain Hills, has issued a "Grant of Access Easement", to the owners, Commercial Development Properties, Inc., 3326 E. Fairfield Street, Mesa, Arizona 85213. The Grant of Access Easement allows access from the newly built " Big-0- Tires" commercial site, onto the Town of Fountain Hills real property known as "The Cor Community Center" located adjacent and north of the "Big-O-Tires" property site. Five years ago the Town abandoned portions of the alley to allow additional parking needed by the Community Center and Theater. This grant of easement was a cooperative planning effort of the Town, the Civic Association and "Big-O-Tires" to accommodate both parking and access needs. The Building permit#99-1043 for "Big-O-Tires" was issued with an approved-engineered site plan that shows access on Exhibit "A". In accordance with our previous practice, no Council action is required. This memo is merely to advise the Council that the access easement has been granted and acquired. fip, G:\Easement Memo\Staff Memo-EAA00-03 Grant of EA(Community Ctr)11429 N.Saguaro Blvd.FH • MEMORANDUM TO: Mayor and Council FROM: Stuart J. Shoob Presiding DATE: April 13, 2000 SUBJECT: March 2000 Monthly Report Attached you will find the March 2000 Monthly Report of the Court. Please note: • Filings, year to date, are up over 300 cases. • Terminations have increased over 150 cases. • Hearings and Trials are up over 20% • Revenue has also increased substantially, and revenue for the last three months skyrocketed by 53% over the same period last year. • Outstanding balances have decreased, even though fines and penalties continue to be assessed. I will be present at the meeting. However, unless you so desire or have specific questions, I will not take any time in your busy schedule. L Fountain Hills Municipal Court Monthly Report March 2000 CASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS , Civil Traffic 445 3,393 0 1 222 222 0 Criminal Traffic 54 431 0 0 27 23 4 Misdemeanor 111 546 42 0 51 10 8 OOP/IPH 8 65 8 0 0 0 0 March 2000 618 4,435 50 1 300 255 12 March 1999 552 4,117 CASES TERMINATED MONTH FYTD Civil Traffic 414 3,461 Criminal Traffic 64 402 Misdemeanor 103 519 OOP/IPH 8 65 March 2000 589 4,447 March 1999 507 4,283 HEARINGS/TRIALS HELD MONTH FYTD Civil Traffic Hearings 30 182 Traffic/Criminal Trials 3 12 Juvenile Hearings 32 138 PTC/OSC/SR Hearings 93 601 OOP/IPH Hearings 0 7 March 2000 158 940 March 1999 84 740 March 2000 Revenue Received $55,517 99-00 Fiscal Year to Date $ 360,552 March 1999 Revenue Received $ 35,824 98-99 Fiscal Year to Date $ 295,658 2000 Outstanding Balance $274,281 1999 Outstanding Balance $289,129 Revenue Received amount does not include bond account activity. 7373y ca) LI): ; O - C P -4— 0H i a) ° aa) to , I C >. 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