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. .1'rAIN (vw 011 o NOTICE OF REGULAR AND EXECUTIVE P. SESSION OF THE , I#thatIsA FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman McNeill Vice Mayor Hutcheson Councilman Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, AUGUST 3, 2000 TIME: 5:30 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION FROM 5:30 P.M. TO 6:30 P.M. THE REGULAR SESSION WILL BEGIN PROMPTLY AT 6:30 P.M.) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B 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.4., and A.R.S. §38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation regarding the Town versus MCO Properties; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase or lease of real property with regards to the possible acquisition parcels in the McDowell Mountain; respectively. 2.) RETURN TO REGULAR SESSION. Town Council Meeting Agenda Regular Session August 3,2000 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG— • INVOCATION— • 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 July 6, 2000. *2.) Consideration of the SPECIAL EVENT REQUEST Jingle Bell Run submitted by Kenny Krell for Three Disciplines Racing. The event, a fundraiser for the Fountain Hills High School Track and Cross Country program, is for a 5K run and 1 mile fun run/walk to be held on Sunday, December 17, 2000 from 5:00 p.m. to 7:00 p.m. The route will circle Fountain Park and the Avenue of the Fountains from Saguaro Boulevard to Verde River Drive. A street closure on the Avenue of the Fountains from Saguaro to Verde River will be required. *3.) Consideration of the LIQUOR LICENSE APPLICATION submitted by James Myczek for Grapeables located at 12645 North Saguaro Boulevard. The application is for a Series#7 Beer and Wine license. *4.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Monaco Condominiums, located at 16444 Monaco Drive,Case Number S2000-027. *5.) Consideration of a LOT JOIN FINAL PLAT for Plat 102, Block 3, Lots 9 and 10, located on the north side of La Montana Drive and east of Saguaro Blvd., Case#S200-021. *6.) Consideration of the FINAL PLAT for FireRock Country Club Parcel "L-2" a 4.68 acre, six lot subdivision, Case#S99-044. *7.) Consideration of the FINAL PLAT for FireRock Country Club Parcel "M-2" a 17.78 acre, 22 lot, 3 tract subdivision,Case#S99-035. *8.) Consideration of the FINAL PLAT for FireRock Country Club Parcel "P-1" a 15.26 acre, 21 lot, 3 tract subdivision, Case#S99-046. *9.) Consideration of an OPTION AND SITE LEASE AGREEMENT with Sprint Spectrum LP for the installation of stealth communications facilities in the Town right-of-way at the southwest corner of Shea Boulevard and Eagle Mountain Parkway. *10.) Consideration of RESOLUTION 2000-39 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the northerly property line of Plat 401-A, Block 7, Lot 2, (17316 E. Zaharias Dr.) as recorded in Book 155 of Maps, Page 11 records of Maricopa County, Arizona. (Dennis &Marnie Wright)EA 00-25 *11.) Consideration of RESOLUTION 2000-40 abandoning whatever right, title, or interest the Town has in all certain public utility and drainage easements within the lot lines of Blocks 1, 2, 7, & 8, of Plat 208, as recorded in Book 144 of Maps,Page 4 records of Maricopa County, Arizona. (Town Center III)EA 01-24 *12.) Consideration of AWARDING THE BID for the annual concrete repair and construction contract to Markham Contracting in the amount of$159,711. Town of Fountain Hills 2 of 3 Last printed 07/28/00 12:18 PM Town Council Meeting Agenda Regular Session August 3,2000 13.) RECOGNITION of residents who have been actively and continuously involved in the Town of Fountain Hills Adopt-A-Street program since its inception in 1996. 14.) PUBLIC HEARING on RESOLUTION 2000-41, adopting the tentative budget as the 2000-2001 fiscal year budget for the Town of Fountain Hills. 15.) Consideration of adopting RESOLUTION 2000-41, adopting the tentative budget as the 2000-2001 fiscal year budget for the Town of Fountain Hills. 16.) Consideration of AWARDING THE BID for the annual asphalt repair and construction contract to Markham Contracting as the lowest responsible bidder subject to an opinion from the Town Attorney. 17.) Consideration of ORDINANCE 00-12 relating to the privilege license tax; amending the Town Tax Code by increasing the rate of taxation from one and two-tenths percent(1.2%)to percent( %); providing penalties for the violation thereof; providing for severability; designating an effective date and providing for application of tax to certain contracts. This item will include consideration of alternative funding mechanisms such as general obligation(GO)bonds. 18.) PUBLIC HEARING on ORDINANCE 00-15, amending the Zoning Ordinance for the Town of Fountain Hills, Section 9.02, to allow for a special event facility as an accessory use to a golf course clubhouse, if certain criteria are met, Case Number Z2000-11. (Staff will be requesting a continuance of agenda items #18 and#19.) 19.) Consideration ORDINANCE 00-15 amending the Zoning Ordinance for the Town of Fountain Hills, Section 9.02, to allow for a special event facility as an accessory use to a golf course clubhouse, if certain criteria are met,Case Number Z2000-11. 20.) PUBLIC HEARING on ORDINANCE 00-16 amending the Zoning Ordinance for the Town of Fountain Hills, Section 5.18, to prescribe a required number of common trash enclosures for multiple family developments of 5 or more units, commercial, industrial, and institutional developments, Case Number Z2000-12. 21.) Consideration of ORDINANCE 00-16 amending the Zoning Ordinance for the Town of Fountain Hills, Section 5.18,to prescribe a required number of common trash enclosures for multiple family developments of 5 or more units,commercial,industrial, and institutional developments, Case Number Z2000-12. 22.) 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. 23.) ADJOURNMENT. DATED this 28th day of July 2000. C ��CLtt� 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 3 of 3 Last printed 07/28/00 12:18 PM MEMORANDUM thy 7 TO: THE HONORABLE MAYOR AND TOWN O ,CIL FROM: PAUL L. NORDIN,TOWN MANAGE DATE: JULY 28, 2000 RE: MANAGER'S REPORT FOR THE AUGUST 3rd COUNCIL MEETING REMINDERS: A Special Session of the Town Council and Joint Meeting with the Parks and Recreation Commission has been scheduled for Tuesday, August 1st, at 6:30 p.m. in council chambers. This meeting has been agendized as a special session to allow you, by motion, to direct Town staff and the commission to take action as specified by council. Several Councilmembers have expressed a desire to have items placed on this agenda. Please review the attached agenda and determine if your item(s) have been agendized to your satisfaction. Please advise me on Monday morning if changes need to be made before posting. Cassie's memo is attached for your reference. An Executive Session is scheduled to immediately PRECEDE the Thursday Council meeting. It will begin at 5:30 p.m. in the Building C Conference Room. Food will be available. Pertinent documentation will be distributed to you next week. The Regular Council Session will begin at 6:30 p.m. in Council Chambers. There are three public hearings on Thursday's agenda. 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—RECOGNITION OF ADOPT-A-STREET CONTINUOUS PARTICIPANTS: Mayor Morgan and Wally Hudson will present certificates to 24 residential Adopt-A-Street members who have been continuously involved in the program since its 1996 inception. See Judy's memo. L Manager's Report August 3,2000 Council Meeting Page 1 of 2 AGENDA ITEM # 14 & 15— PUBLIC HEARING/RESOLUTION 2000-41/ADOPT TENTATIVE BUDGET: The first public hearing is scheduled to receive comments concerning this fiscal year's budget. Council will vote to adopt the budget for fiscal year 2000-2001. You may discuss individual budget items contained in the budget document, suggesting any revisions, prior to adoption. Please see Cassie's memo regarding this item. AGENDA ITEM # 16 — AWARDING THE ANNUAL ASPHALT REPAIR AND CONSTRUCTION CONTRACT: Two bids were received and opened on Thursday, July 20`h. Staff recommends awarding the bid to the lowest responsible bidder subject to an opinion from the Town Attorney. Please see the attached memos from Tom and Bill. AGENDA ITEM# 17—ORDINANCE 00-12/CONSIDERATION OF SALES TAX INCREASE: This agenda item has been brought back from the July 6th meeting for Council's consideration. Bill Farrell and I will make a presentation regarding the increase of sales tax and/or a general obligation bond. Information regarding this item will be distributed next week. AGENDA ITEM# 18 & 19—PUBLIC HEARING/ORDINANCE 00-15/SPECIAL EVENT FACILITY USE: This public hearing will gather input concerning a proposed ordinance to allow for a special event facility at golf course clubhouses. Due to a request by the operator of FireRock Country Club for a continuance until the September 7`h council meeting, staff is recommending a continuance to September 7`h. Please refer to Jeff's attached report. AGENDA ITEM#20 & 21 —PUBLIC HEARING/ORDINANCE 00-16/TRASH ENCLOSURE AMENDMENT: The last public hearing will receive comments on prescribing common trash enclosures for multi-family, commercial, industrial and institutional developments. After the hearing, Council will consider approval of this amendment. Dana's memo is enclosed. L Manager's Report August 3,2000 Council Meeting Page 2 of 2 (hew Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION 0/04Ait-- Date: 07/28/00 Re: AGENDA ITEM #2—JINGLE BELL RUN SPECIAL EVENT REQUEST AGENDA ITEM #3— GRAPEABLES LIQUOR LICENSE APPLICATION AGENDA ITEMS #14 AND #15— RESOLUTION 2000-41 BUDGET ADOPTION AGENDA ITEM #2—JINGLE BELL RUN SPECIAL EVENT REQUEST Staff has received a special event request from Kenny Krell, the Fountain Hills Cross Country and Track coach for the second annual Jingle Bell run. Mr. Krell introduced the event last year and met his goal of providing the community with a fun and novel activity while raising funds for the cross country and track programs at the high school. Mr. Krell has again been sensitive to the concerns with excessive res street closu and has-planned his event for a date and time to minimize community inconvenience. He is requesting to hold�the Jingle Bell run on Sunday, December 17, from approximately 5:00 p.m. to 7:00 .m. when all stores are sed.a d traffic is minimal. The event will consist of a 5K run around Fanta ' ark'and a 1 mile fun ruin.utilizing part of the Avenue of the Fountains between Saguaro and Verde River Drive and the unpaved portion of Verde River and Stewart Vista. The Avenue will be chased from Saguaro to Verde Riverr"drive. "Rolling road blocks" will be used on Saguaro Boulevard where''the run will cross the street at the Saguaro Boulevard/Avenue of the Fountains intersection. �t. Krel a his volunteers�ll Place conesall the way around Fountain Park clearly marking the bike lane as to ice course. His plan is to have the race run prior to dusk with the award ceremony on the Avenue as the holiday-lights are lit. Each contestant will receive a shirt and bells to wear on their shoes, creating a holiday atmosphere.'.,3 The application includes a letter received from Mr. Krell providing additional details on the event. Mr. Krelmet with staff to work review the details of the event and insure that all safety issues were again addre (Please s (enclosed memo from Steve.) A certificate of insurance will be on file prior to the event. Staff re ommends approval. AGENDA ITEM #3—GRAPEABLES LIQUOR LICENSE APPLICATION James Myczek has submitted a liquor license application for Grapeables, a new establishment that will be located at 12645 North Saguaro Boulevard, Suite 14. The application is for the transfer of an existing Class 7 Beer and Wine license. Since Class 7's are quota licenses, no new licenses are issued by the State Liquor Department, requiring the transfer from another establishment no longer in business. The new establishment will sell beer and wine on premise and have the capability to sell Page 1 of 2 August 3,2000 Agenda Items Last printed 07/28/00 12:37 PM July 28, 2000 product "to go". Marshal Gendler has performed his background investigation and reports compliance Soy with all appropriate statutes and policies. Although a site inspection could not be conducted due to the stage of construction, the floorplan included with the license application indicates compliance with the requirements of a Class 7 license. (Please see enclosed memo from Steve.) The site has been posted for the statutory twenty-day period and no written pro/con arguments have been received at Town Hall. Staff recommends approval. AGENDA ITEMS #14 AND #15 - PUBLIC HEARING AND ADOPTION OF RESOLUTION 2000- 41, ADOPTING THE 2000-2001 BUDGET These two items begin the final phase of the budget process for fiscal year 2000-2001. State law requires that the adoption of the property tax levy occur by the third Monday in August. For ten years, the Council has complied with this statute by moving the second regularly scheduled meeting in August from the third Thursday to the third Monday of the month. Although the third Monday actually falls after the third Thursday this year, the modified schedule has been maintained for consistency. Therefore, on Monday, August 14, the Council will adopt the tax levy required to retire the secondary tax for the voter-approved street paving project, the $1.4 million land preservation bond and the library/museum bond. Although there is no specific date set by law for the adoption of the final budget, state law does require a period of at least seven days between the adoption of the budget and the tax levy. Adoption of the final budget at the August 3rd meeting satisfies this statutory timeline. The only other requirement is that the tentative budget be published for two consecutive weeks prior to the final adoption. This requirement will have been met prior to the August 3`d meeting. A public hearing precedes the adoption of the budget, which has been properly noticed according to state law. Staff recommends approval of Resolution L. 2000-41. L 2 Marshals Department Memo To: Cassie Hansen From: Steve Gendler Date: 06-08-00 Re: Special Event Request—"Jingle Bell Run" The purpose of this memorandum is to endorse the attached special event request from Ken Krell for a "fun run" on December 19th. I understand that this will be considered by the Council at their August 3nd meeting. After meeting with Mr. Krell on June 6th, I believe his proposed event will involve minimal inconvenience to motorists and residents while benefiting the High School 4 Cross Country and Track team. �r As envisioned, the event would feature both a 1 mile and a 5K run. It would require closure of Avenue of the Fountains between Verde River and Saguaro, as well as a short traffic delay using a "rolling roadblock" on Saguaro at Avenue of the Fountains. This plan proved successful last year when the race was held between 5pm and 7pm on a Sunday with businesses closed and traffic minimal in the proposed area. The 1 mile run would be staged on Stewart Vista while the 5k would involve a course around Fountain Park. The start and finish line for both events is behind the protective barricades on Avenue of the Fountains. The event has been planned to take place during a 2 hour period that takes advantage of daylight, but occurs after normal business and recreation uses in the area have concluded. In planning with the Street Department, temporary barricading would be erected on Avenue of the Fountains at Verde River and Saguaro with "no parking" designated by cones and signs along Saguaro at Fountain Park. Recommendation: Based on the proposed time (5pm-7pm), the length (2 hours), the fact that it involves minimal barricading, detours, or traffic delays, as well as the proposed benefit to the track and cross country teams, I recommend approval by the Council at the August 3rd meeting. L. • C.C ,_ - O�tl'TAIN� I3i....--i , . ,0(aiiiikt _ . _ , (...,,, . ,. ..„.."...!\___ ,.... Tama eff IF©anaalculna ME° es te. *kW*kWFl� o Special Event Request his NO Name of Event Coordinator ' "''�'�5 Kre I Address: t 2 G 33 M 1Masa, ''A " 3o0,3-1--3:1 . •1-Atlls A 25260 Telephone (residence) 42O" 2 3 6-O c{-2 2. (business) `` '� If the event is designed to be held on behalf of any person other than the applicant,the applicant shall supply written authorization from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Name of Organization: 3 CI I Sc 1 P I i n e_s rac i ncJ, Telephone 4/0 93C-0 32..., Address of Headquarters• T Description of Event:2hd 4Nt4ti Fou,kaiKS HIlls 41iCALE BE I l Run.) Purpose of Event- FTra.c.k #- Crc'ss Co w.f."'J, be.ne•f i+ Location of Event: Ave. oc -fputNf irrS (Attach map or diagram of arca to be used for event) I trifyrrea:{,ua 3;30 Date of Event: 1� 11' Beginning Time:hFe- S:oo P.M.Ending Time: 9'•o0 p.m. What portion of the roadway, if any, will the event occupy' l as+ block cc Atic.•�c»a+ains 6,Ve. taue. around - -04.,,.1-la m Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: t6v- 200 Do you anticipate a need for the Town to provide any of the following: Please Not. The Town Marshal(or designated official)may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community as a whole. - Personnel- hear S h a..115 •�v r co I(i n3 b l a c,k (2x) 5-{-a,i-+yr._ iire Supplies and Services: CoNe-s - Pax Kam- rec. / barricades -Ave., Le---F 4t)ro Sa5uaso Vehicles and Other Equipment• Special Event Request Page 2 of 2 LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT AND AGREEMENT TO FURNISH INSURANCE As a condition to, and in consideration of the issuance of this requested permit, the applicant hereby agrees to procure and maintain insurance coverage protecting all aspects of activities involved in the permit Such insurance shall cover public liability and property damage, including product liability if applicable,and shall include coverage for owned and non-owned autos,for all claims for damages for personal injury or death and property damage arising out of the activities for which this permit is issued. Such insurance to be in limits of not less than $1,000,000 combined single limit personal injury and property damage. The certificate of insurance reflecting this coverage shall name the Town as an additional insured as respects this Special Event Permit 54-A Signatut of Applicant or Agent Date of Application Name of Insurance Company: 419.2gAze24,-). — CCt1 Z eitg- Policy# Policy Dater `'ez - (DO NOT WRITE BELOW THIS LINE - OFFICE USE ONLY) Certificate of Insurance Filed: YES NO - Approval by Town Marshal. e=- ( Date: - Comments. Notification of Local Fire Department- Date- Contact Name & Title: Arrangements Made: Notification of Sheriff's Department: Date- Contact Name & Title: Arrangements Made: L Final • .p • al by To '• cil: c � it�-Trti t9 r Date. -3 By. vie .�� 2rd Annual Fountain Hills Jingle Bell Run What: Fountain Hills 5k and 1 mi. Fun run/walk Jingle Bell run Where: Downtown Fountain Hills, race start: Ave. of the Fountains proceeds across Saguaro to loop the fountain and finish back underneath the Christmas lights on the avenue. When: Sunday, December 17th race start time is 5:00 PM Why: To support the Fountain Hills High School Cross-Country and Track programs. To bring more families out for a festive atmosphere with Santa and his helpers, Christmas lights and music, and of course everyone getting bells for their shoes. Last years event was a great success and we foresee this as becoming a race that is on many runners' calendars. It is one that the entire family can come out and enjoy. There is not another one in the state like it. Enclosed is the map. It will be the same as last year. I believe the rolling stop that the police used worked very well creating a minimal delay on Saguaro on a Sunday evening. If you have any questions please contact me. Thank ou for your consideration, e nKrell FHHS cross-country/track coach 3 disciplines racing i ,j E-.• • 0 vni al vi r'' ' 4 . ?i, 11 RV'', . / jiA51 6 N. • IP . V • • / • SAC�GIARO _ 4iti T / A � _ • . . --, 1 . A Av E. or' STAaT _ BIKe lane_ FlNri.H N I 0 CorleS 0 aArritades d J W •r- > 1, t irni. f ru&)/WAtk / FOUNTAIN HILLS MEMORANDUM TO: Cassie Hansen,Town Clerk FROM: Steve Gendler,Town Marshals DATE: July 7,2000 SUBJECT: Liquor License Application-Grapeables The purpose of this memorandum is to endorse the attached Liquor License Application from Mr. James Myczek. The application is for a transfer of a current license issued to "Rinaldi's Deli" in Phoenix to a new business planned at 12645 Saguaro in Fountain Hills. It is my understanding that this application is scheduled for consideration by the Council at their August 3rd . Background Investigation This application represents a request to transfer an existing Class 7 liquor license purchased by Grapeables Inc. to a proposed business in Fountain Hills. The license, which will be jointly owned by James and Judith Myczek, is currently issued to "Rinaldi's Deli" at 7124 N. 35th Avenue in Phoenix. Under this application, it would be transferred to a proposed new business called "Grapeables" at 12645 Saguaro, Suite 14,in Fountain Hills. 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 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 no churches in the vicinity and the closest establishments authorized to sell liquor are class 12(6),class 9 (1), and class 14(1). The primary applicant, James Myczek, is an Arizona resident residing at 9253 N. Firebrick in Fountain Hills. He and his corporate partner, Judith Myczek, comply with all state regulations relating to residency. I have conducted a background check that revealed no wants or warrants. The facility itself is proposed for 12645 Saguaro and will operate under the business name, "Grapeables". Since the facility is part of the new complex at Saguaro and El Lago currently under construction, an inspection could not be conducted. However, the schematic provided is consistent with a facility holding a class 7 license. In addition, the applicants have secured a valid Fountain Hills business license,#4026. Recommendation This business, which will be a bar and take-out facility, does not result in a proliferation of liquor establishments for the area. Based on compliance with the provisions of ARS 4-207A, I recommend Council approval. cc. Jek-F 34 0-1 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL oi tMN 800 W Washington 5th F1cR CEIVE� �> -', ;7 ) , 400 W Congress#150 Le, Phoenix AZ 85007-2934 ( -- Tucson AZ 85701-1352 (602) 542-5141 J U N 2 9 2000 y n ' (520) 628-6595 FOUNTAIN HILLS v.T9VVI TION FOR LIQUOR LICENSE �w� _ 9 r. 1bw}e. 1-19-et TYPE OR PRINT WITH BLACK INK I 0 Ca.A.n(4.I - 3 -up 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 of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: SECTION 2 Type of ownership: ❑INTERIM PERMIT Complete Section 5 ❑J.T.W.R.O.S. Complete Section 6 ❑NEW LICENSE Complete Sections 2,3,4,13,14,15,16,17 0 INDIVIDUAL Complete Section 6 In.e.ErPERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3,4,11,13,15,16,17 eaCORPORATION Complete Section 7 ,LOCATION TRANSFER(Bars and Liquor Stores ONLY) ❑LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4,12,13,15,16,17 0 CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9,13,15,17(fee not required) 0 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#: D 7 0 7 0$ 7`3 1. Type of License: 5E Ail s 4t 7 2.Total fees attached: $ 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) SECTION 4 Applicant:(All applicants must complete this section) Mr. 1. Applicant/Agent's Name:me f YG Z ( Z-d Wl g 5 0,44 TE r2 (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: Cr(kjie>r A 6 (.,.ES , IA/C . (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: G 1 ft) A g L E S (Exactly as it appears on the exterior of premises) 4. Business Address: / 2-4 1.,5--A11. .S A 44 ct. Rp Su,T& l 4 6d4/,7;PiA)Ali 4cs "Mt celpA b52b, (Do not use PO Box Number) City COUNTY Zip 1 Business Phone: (41 V) (( `q t-1'51 Residence Phone:( £E 0) S.l(12 4 q S. l _6. Is the business located within the incorporated limits of the above city or town? RYES ONO 7.`Mailing Address: 12 3 /4.. F i RE 6 R l e K 1)R. ( '42-311 F ii ' 4>,u f9+L.L c kz 5 5z 4 8 City State Zip 8. Enter the amount paid for a 06,07,or 09 license: $ . (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: JC Date: (12 1 2_0 t 00 Lic.# ® I 15705 9 Fees: i 00,OQ 100.00 i-l '.w $ -f ,07) Application I ia t 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 $24 FEE FOR EACI CARD. X.CORPORATION Complete questions 1,2,3,5, 6, 7,8. ❑ L.L.C. Complete questions 1,2,4,5,6, 7 and attach copy of Articles of Org.and Operation Agreement. 1. Name of Corporation/L.L.C.: Cel Pi A P E A S LF 5 , I'.4/C • (Exactly as it appears on Articles of Inc.or Articles of Org.) 2. Date Incorporated/Organized: -TA 1v f"46)t7 State where Incorporated/Organized: /9 R 1 Z©Al A 3. AZ Corporation Commission File No.: -e Date authorized to do business in AZ: l Ll?? iqgl 4. AZ L.L.C.File No: g� ` ` Date authorized to do business in AZ: 5. Is Corp./L.L.C.non-profit? 0 YES WO If yes,give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First Middle Title Residence Address City State Zip Ou,vr/;A) fit its Az. MyczEK Tames u>4LT612 .Pkesroea' gAs3 Fi,gG$R,ck A4. L,vw7i'At,9' 85268 c S - Foci i7AiA) NicLI /9z. myGLE Jtit-1)1Tft C I9 O _9 kEsibilir 93.53 A7. FsPet6R,ctr pR aft& Z39 95'2( WrTh (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. 5.--List stockholders or controlling members owning 10%or more: t First Middle %Owned Residence Address City State Zip Z�1< IfIME 5 wfti re uvTA%� {�I[!.S V �(C Q�53 N. r/R6Bicie bR u�+ '*isf 8szb8 % l''ra,v1A►,J hl[L1 19z. 'MCA.*i< awv►TN CARo L 5-0q1 53 N. F ke t;ck PR. 4i P 23y' 057-(08 % % (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 $24 FEE FOR EACI- CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑YES ❑NO If yes,give IRS tax exempt number: 3. List officer and directors: Last First Middle Title Residence Address City State Zip Air (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE; L 1. ent Business Name and Address: %wetly as it appears on license) 2 € 2. New Business Name and Address: (Do not use PO Box Number) 1 K 3. License Type: License Number: itise ` 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school: ft. Name/Address of school: (regardless of distance) 2. Distance to nearest church: ft. Name/Address of church: (regardless of distance) 3.CI the: ❑LESSEE ❑SUBLESSEE ❑OWNER 0 PURCHASER(of premises) 4. If the premises is leased give lessors name and address: • 4a. Monthly rental/lease rate$ . What is 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? $ Does any one creditor represent more than 10%of that sum? YES 0 NO If yes,list below. Total must equal 100%. Last First Middle %Owed Residence Address City State Zip (ATTACH ADDTITONAL SHEET IF NECESSARY) 6. What type of business will this license be used for?(BE SPECIFIC) 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? 0 YES ❑NO If yes,attach explanation. 8. (iiir; any spirituous liquor manufacturer,wholesaler,or employee,h.ve any interest in your business? DYES ❑NO 9.,Is the premises currently licensed with a liquor license? ❑YES Iasi• If yes,give license number and licensee's name: (Exactly as it appears on ` :f 1 5 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) •LICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 41 urrent Business Name and Address: R 1 1\1 -l-1) 1 S `721, 1 xactly as it appears on license) 7/ a ,/", S�N k aE v j 4z. 550Si 2. New Business Name and Address: MA-P!;f} a L-1;S (Do not use PO Box Number) l 2 6' No<54 '�. / fr'everp.A, f//t 4s Az . as2-b; 3. License Type:ii°v-� 7 License Number: Q 7 07 0 S 78 Last Renewal Date: 0 at date do you plan to move? What date do you plan to open? /07//0 0 SECTION 13 Questions for all in-state applicants: 1. Distance to nearest school:w'C)O ft. Name/Address of school: f D u iv?# p1 4, LLS f f I qi) Sc OD G (regardless of distance) �/ /(90O AD • P i'Sit be-s RL,ti p 2. Distance to nearest church: ry 14° ft. Name/Address of church: 7112 I�A.' 'Ty G uT h E eq tJ G h CA. 12 a (regardless of distance) 137`70 N • FouuY*/A) H,L1.c .• 360,am the: ( LESSEE ❑SUBLESSEE 0 OWNER 0 PURCHASER(of premises) If the premises is leased give lessors name and address: /Ti Cd4//TQ u c T/P Af Y 2 R)�'Ci p,9 k7 j>I bbi11 c �t)g• {3iZTWIDA' CiRcLE !/1Veq);K/A•- )Monthly rental/lease rate$ . What is the remaining length of the lease? 3 yrs. D mos. 4' What is the penalty if the lease is not fulfilled? $ or other PA 01DO 4 C-f5 e (give details-attach additional sheet if necessary) V What is the total business indebtedness of the applicant for this license/location excluding lease? $ Does any one creditor represent more than 10%of that sum? ❑YES yVO 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) REM./L PAcK,46S wi rvE S.t1,E s Alit, TssT,N(� 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 XNO If yes,attach explanation. )1: es any spirituous liquor manufacturer,wholesaler,or employee,have any interest in your business? ❑YES I N0 .,Is the premises currently licensed with a liquor license? ❑YES 0,NO If yes,give license number and licensee's name: p # r 7 e)7 S-7 D (Exactly as it appears on license) 14 "R( )-- L AA) /mil,J4 £` 9 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. 't below the exact names of all churches,schools,and spirituous liquor outlets within a one half mile radius of your proposed location. (lay Chi Rips iz 2. r4p t4ou54 hARt.4R,:tc. tz NT y. 're ' CIS 3. no suoNo (z „.. 4. Ali L 1.4 0.£ .PIA a 1 2- 5. 4k t.MAR K iz 1 S 6. 8A1)1,4s a,Itoc6ley CilIt � t 7. 30o ct,k p (o °a' 4/N6 8. ,CkPiRzaq I z 9. .. ..„ ,j ii. . g . , 10. ,_ 12. " 13. 14. tOillrrACH ADDITIONAL SHEET IF NECESSARY) lYour business name and identify cross streets. SECTION 17 Signature Block: I, 311 ri1EC 5 (,V. IM c z E i< ,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. t y �j, State of A2- County of n-U-1 WO XCit "v -2.4 — The foregoing instrument was acknowledged before me this (Signature) 2-6 day of AP rl 1 ZCC , Day of Month Month, i41_,CA4.,_) Year My commission expires on: .i <:I,�, t z z �o 'y .k! , G or A ,ona / r a ��1 ., (Signature of l'ARY PUBLIC) 7 ' ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL gillb%Js 400 W Congress#150 800 W Washington 5th Floor �� h`���,� . Phoenix AZ 85007-2934 ('y, �'� Tucson AZ 85701-1352 (602) 542-5141 �'s_;© (520) 628-6595 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. S U A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK 1. Check appropriate 4 Owner,Agent,Partner,Stockholder,Member or Officer ❑ Manager(Only) box (Complete Questions 1-16&20) (Complete All Questions except#10,l0a&21) Licensee or Agent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: MYC Z iz K ,Tfl✓O 5 W,fLre E. Date of Birth:009/4e 41 Last First Middle 2. Name of Licensed Premises: Q RA-pEA$LC$ Premises Phone:( A f Pl,tE - / Sk.'r6 3. Licensed Premises Address: 1 • T -N. - AO OR R t. MR R t cce.E '5-2(.o S Liquor License# C 7°70$7g Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#: D 0 m 7 0 5'9.Sg State A Z Residence Phone:( 4 SG) S/ - 09'57 / nCrl ' eight: ,..5- // Weight: 3 0 Eyes: 5LK 6 Hair: (1 R A y Place of Birth: C h I c A o a T L City State 5. Name of Spouse: M Y C Z&N MA D r T H C .4 o 1., R ALL'S Date of Birth: o ok/S 4 Last First Middle Maiden 6. You are a bona fide resident of what state? /9Rt Zo NA l If Arizona,date of residency: i/oo 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 POSr1'ION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address,city,state&zip) (4 SS 8;5 Fite h tw it LAN E 5- 187 t� R9 V. f Fops fool 826tor`' ThE hi;t'c,o ‘tRo 1.4.1:1 l.oihBAR , IL. . 6,0/48 fro wl/Th.4;, {t I L L 5 li./q q c t4lelRe,vT Pen r r gaS3 d/ fieeLee,ck abrTi q 02, es-vGe (ATTACH ADDITIONAL SHEET IF NECTSSARY) 9. Indicate your residence address for the last five(5)years: FROM TO RESIDENCE Month/Year Month/Year Street Address City State Zip / �000 CURRENT r�5-3 fd• Fi g R c l< R • uu iT Z3 R fOU Aira,N(}rtls @� `�S7i•(o8 iiiiet/�S I�Zoov /old if s • -DC�o'T t1�dRT H. :i- 604$2- uC 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor - i 1 409 W Congress#150 1C r 't '" ' Tucson AZ 85701-1352 Phoenix AZ 85007-2934 ,,,,.?. , (602) 542-5141 � ; f� (520) 628-6595 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, OFFIC'EIt 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. pi 0 3 le A service fee of$25.00 will be charged for all dishonored checks(A.R.S.44.6852) TYPE OR PRINT WITH BLACK INK 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 A ent must complete#21 for Manager Licensee or Agent must complete#21 la. Name: C Z C 1I". c ti 0\c t--F C( v R-O(..- Date of Birth: D t -° -5`{ ast First Middle 2. Name of Licensed Premises: C-; f�'Q Ae)L E. S Premises Phone:( A r P t C A -o R _ w,fic OP 3. Licensed Premises Address: I 2-4'�S A(4546 t4 MO l-v''NF-i'; s InAf`c-ot g'S?,to Y Liquor License# 0 7070 g7� Street Address (Do not use PO Box#) City County Zip (If this location is currently licensed) 4. Drivers License#: 31 1 -C U Li ac;,, State I'//��I Z. . Residence Phone:(Li WC)) C3 Ito - Li C S might: 5 11 Weight: I Li 5 Eyes: JL-J� Hair Lo)D Place of Birth: C. I-1 t P G C) --U-- City State 5. Name of Spouse:1"" ,\(C 2 E Z A ni e.S mil)LTC Date of Birth: OD- - ,: - '1 - 4`1 Tast First Middle Maiden 6. You are a bona fide resident of what state? R 2. If Arizona,date of residency: ii©i? 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) " C1 ' l (YiTC0 G/zovP oo/4-/b C� _94 a - ggL CE io v i si - 2PoKcr` y S5 C,'st=4v/�a�_,e Ln �E/L o�B�eD , �z , I-d, o v L"vi a Air Urt> /-npz_ oy�D ,rii t� # 3� asreo;x�„�r �/�r.sf A2. �� .Cd,,k (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 CURRENT q�2 F;72-ef j2fc/K IDle - * 3� �"Ca") /t-) - a20UC F-3u,fnJ;X1inl H i,L5 (-2 2- . Mt..c.5 /9Z . 915-ACO6 i-- 9q /A- 9 9 /o7O / S. Dc 'O7- o2 � L 60../84,2- 5-96; 3 9 9 , L--t.3 we/4,r-i r /;t_t< WA- du_.1 . 6 4574` LIC 0101 05/1999 Disabled individuals requiring special accommodations please call(602)542-9051 114-ej el 75- CO(a eaSeSS( OV-‘ ( L —QL vj kp As or (-es teA1Q ‘4, 61.00' F-+ 14:k S I 0 ;n0-(wle{ie , LP - uoetRA A-0 COLA I+ "k" CL:rieo (io A s fg c\op( PO4) 4) C,c16.(wieik-e_ — uJ s la ire 4-ec) - sfZ s p ( Cs A-red e-5 s‘ Coo;r-ik-oo — kp)-erk c otA LAJP 3 CO-) ct- kJuOa-CL. L TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: July 26, 2000 SUBJECT: Preliminary & Final Plat for "Monaco 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 R. Burnard, which would condominiumize two-units located at 16444 East Monaco Dr., aka Lot 15, Block 7, Final Plat 206. Please refer to the attached Planning and Zoning Commission &Staff report for additional details regarding this request. co, TOWN OF FOUNTAIN HILLS kaw PLANNING &ZONING COMMISSION AND STAFF REPORT AUGUST 3, 2000 CASE NO: S2000-027 LOCATION: 16444 East Monaco Dr., aka Lot 15, Block 7, Final Plat 206. REQUEST: Consider the Preliminary and Final Plat for "Monaco Condominiums", a 2- unit condominium project. PROJECT MANAGER: Dana Burkhardt DESCRIPTION: OWNER: John R. Burnard APPLICANT: John R. Burnard EXISTING ZONING: "R-2" EXISTING CONDITION: Under Construction LOT SIZE: 12,097 square feet SURROUNDING LAND USES AND ZONING: NORTH: Undeveloped; zoned "R-2" SOUTH: Undeveloped; zoned "R-2" EAST: Duplex; zoned "R-2" WEST: Single-family; zoned "R-2" SUMMARY: This request is for approval of the Preliminary and Final Plat "Monaco 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, John R. Burnard, has chosen to convert a two-unit complex currently under construction and record a Declaration of Condominium to sell the units individually. The units will have a maximum livable area of 1,801 square feet, a minimum livable area of 1,760 square feet and a covered patio. Each unit will have a two-car garage. The applicant applied for his building permit, 99-1460, on December 14, 1999 and received his permit to build on February 15, 2000. RECOMMENDATION: Planning & Zoning Commission recommends approval of S00-027; Preliminary Plat, and staff recommends approval of the Final Plat "Monaco Condominiums". cp ' �� TOWN OF FOUNTAIN HILLS 1# COMMUNITY DEVELOPMENT DEPARTMENT , NDOMINIUM?PLA 'APPLICATION Datp Filed ee Paid _Itcr,M3y Li CC-40 Condominium Name NOM C orJ Dom i"v i(!lvl5 Condominium Address _ Legal Description of Lot/Parcel Being Platted Plat .9.04 Block 7 Lot(s) 15 Parcel Size 10...106 7 Number of Units Number of Tracts Zoning R2 General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) `I -201 Applicant Day Phone �S&rnE RS O11/4/Nlfr2-- Address City ST Zip Owner Day Phone Joi+pj R. 13u ik 4 v 292,0 Address City ST Zip 1`L?,05 C PcV )k M . #11 7411U 14-1 S A2 5-u,K Attachments(Please list) tO 72A A a�5 o&N I I \f ,c5 Signature of Owner I HERBY AUTHORIZE (Please Print) Date 166101n1111‘( -)5-00 TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public Cor (Seal) TFH Case Number Fee Schedule Attached S-)CO& C a • a ►D m (..., L00' 4Qar .4 tA tzar a >a-X - T— — Et n I I C °'0D I PA110 tw 0 $ I $ I 4 LGE 1� / L00' '' D Y o 21 $ 4 70 if,: - 16.00' PA1I— ac rd 25.50' I e�� LC.E D 1. MOTq�. 22.500 Z P I et I 1172 of Ni_ 1 v 5.50' 16.02' Z P�4`e I I q �al �44. l I I T4.]o' 4 $ 1:50. b PATIO a d LC1 v Al moo. $ 1950' D CO G� _M„----------- rA ,,.33' 2 L _ LIT 1047 14.33' 14.37 Z. g. zt r N Cl, A tin _n _1-11 g m I--6�I! I OO' n s[�1 i� �� .. Pr60' 3s i qp ? =� _.0 - 14.50 O Z z n ' q Z L� JL..I.11 Z E7 n E37 1137 D — lOG 71-1 _ zoo' ■11.ar S _ 1.50' 1.50' F r 466 r , 1.46' I1.1s 111s I 11.37 I 13b7 L MONACO CONDOMINIUMS - C '-r-EU A S-S°-oo MONTGOMERY ENGINEERING&MANAGEMENT,LLC. PLAT 206.. BLOCK 7 LOT 15 ern ��99o9T 16766 E.PARK1AEW AVE SUITE 201 —\nrw.e I OF 2 Arm AS NO1D FOUNTAIN HILLS.ARIZONA 85268 12206 N. CHAMA DRIVE ROCK PLAN MO SECTIONS (602)837-184. *837-8668 •6 PM CmVI110M A ys 4, I IritN40' 44.tv . . . 0c• / 1 'Inti?' V . , Aiii `a^� /t VI '��jy :4'411i - !" i --<3;!jllr.I'€)-- .i . (tipP11.1 , : 4#X; \ io OC 8 74„j. •47• 00r0h/ B 4 ler i.,., .. \ i :‘.5 OW -e* J . w - gr 1 E 0 \ , a i /", / Air • S >t) 0 1:1 iIiX i g //' • - q g I rr� m ` _o.� '' M / _ t ES Nib f/ / , a m 1c ct , 'I, / '41111111* g/ 1 C `D194...* 2 FE. > N N 0 a Z. y� o 15 ci }� $ g , oiiGF►g '=J 1 n h ♦ S -� N+ ►•,• ,•.•.`frtsv.,% q11410 /4.9/.,, ,, zw . , — 0 p w s l * /4 `- off, o d C7 d i1— (Iwo 1 'if 4i�`�' $' q;j &g > Ri. � 2 � , ~ate ,p /' i t rqq, q g § , ..b...P. Z gi N a r If rLL i A i N Gki 70 ',�, 1f E ,,, fv m / -- e�left III ffi )1 \ ss, 11:111 2 :•. A+j'"i� E \ LH� F G \ 0 . - s. - N N N _ Alf M Ei m T111 1>` "PAla Ill 1:1i r�° ° ,Q x q: i 10 z' °61 i>3>wXn • 12 z"p 11 "p K D 14i ft co c�9 i 11. 7 I t tlf i f ill l I ; aril 4 ^, 1;4:A1 i l E;101-;1! aX 4 R� X@K 11! 104 Nil: 114 a� €a ftI ij i i� tl� 1E ! 5 " 9E a I s " 77OO I� a li I 1 ill �iX�a ° ° � �l6699gg d ' a av0i i,. c ' iir XP K g� I !all 11-0 �iivi i 1 I Aiwa ° 1-. Ill ,:a° 1111� 1' �� i< ° (�fi Al X X V iE� a X " "X-°XX o ° i X a' �yiX K i i K R 11 iI 11 "s; as �Xl! tli.G; a 1 1 Qa Xa °If, K ; 1 1[ ii11 N 11 K 8 ai X1 v 6v 0 2 Ili Willie" 11 P 12 li P I . I I 1 ° Li ! r is ,i� , 1 WI h! J. Via¢ ° IMP / ! PI = I 141[11 10 - I 1 f . € Igi iii # 11a2 •-16 0 s7[ 2i ' ill; Ill ! hi r iti 11; • f 1 Ila 1 1 114111141! li el X gg ° j1 MONACO CONDOMINIUMS ^DU «4 5-70-00 MONTGOMERY ENGINEERING& MANAGEMENT,LLC. PLAT 206. BLOCK 7. LOT 15 gam ° "'a'� 3 16716 E.PAPKNEW -.SUM 204 ..ws,w 1 OF 2 s.- AS NOIED FOUNTAIN HILLS. A 85268 12206 N. CHAMA DRIVE FINAL PUT (480)837-1845 837-8668 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council VIA: Paul Nordin,Town Manager FROM: Geir Sverdrup, Senior Plan DATE: July 26, 2000 SUBJECT: Replat of 102,Block 3,Lots 9 & 10 Dave Vidalin has requested a replat of the Plat 102. The replat joins two lots (9 & 10) into one lot within Plat 102,Block 3. Please see the attached staff report for details. L L TOWN OF FOUNTAIN HILLS STAFF REPORT August 3, 2000 CASE NO: S2000-021 LOCATION: Final Re-Plat Fountain Hills Final Plat 102, Block 3, Lots 9 & 10. REQUEST: Consider approval of a replat for Fountain Hills Final Plat 102, Block 3, Lots 9 & 10 into one lot. DESCRIPTION: OWNER: Dave Vidalin, Westby Towers, Ltd APPLICANT: Dave Vidalin, Westby Towers, Ltd EXISTING ZONING: "R-3" EXISTING CONDITION: Vacant SURROUNDING LAND USES AND ZONING: NORTH: Multi-family, zoned "R-3" SOUTH: Town Hall: zoned "C-2" ko, EAST: Multi-family: zoned "R-3" WEST: Commercial: zoned "C-2" SUMMARY: This request is for final plat approval of a Replat for "Fountain Hills Final Plat 102, Block 3, Lots 9 & 10" 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, Dave Vidalin, has applied to reconfigure these lots by removing the common lot line. The new lot meets all the requirements of the "R-3" 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 S2000-021 " Fountain Hills Final Plat 102, Block 3, Lots 9 & 10". c TAW pIhNs =-.) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT L ` 7.RELIM ARLA N ,�' ., lIV 1f P "T,�-�.�APPLIC�A'TI O., � Date Eked Fee Paid �. ( I L -t-2 k- Accepted By /fl' 2c// �? v%Q00 VDT c, , acor Plat Name/Number 3/2 r/L) �4 Pi-if r OF r 910I Ott Number , LoPC '9 /D a Parcel Size yGl go/ s . � % Ohs"a ores / Number of Tracts t�0 Zoning 2 -3 General Plan Land Use Designation (1 L r , 4-d?i 4- ff 6S/. 6-Ain L L Density Requested(Dwelling Units Per Acre) /S;6.7 tcni lVaei e Applicant 004,VE v/174LIAI Day Phone c�Esrf y 7awEes, L 7-4) 417,-9/3-/VG2 Address City C /Ap$.ST Zip S77S Pgr2l ea 4 ',AY y, L/icn,ei#/ Beira,* cozawS4 Owner Day Phone JOsfF /4s A-pisi e 4Id r Address I City ST I Zip Attachments(Please list) 4.0 7 J 0 i n p lit / 741- i i g le As Sr-/D :� �o /dt" 9ff . Signature of wner I HERBY AUTHORIZE (Please Print) Date 3 TO FILE THIS APPLICATION. • ,1•v V Subscribed and sworn before me this day of ,19 My Commission Expires Notary Public (Seal) TFH Case Number Nbe Fee Schedule Attached S;L-v Z'-U . a �% 0) lih t , . a. < ���. .. O F- to s (lbw N a 3 �� J Q 11 Um tl ��� tI � J igliii iJtr a ` gr. 0 " oof , ! i �Z ~8 - 00 � ,� r—� o1. a 1- 0 r-r- � 2 tes.$ a. 03 oa 84 s to �t.`g iiiiiirl I : li L G 2 .. ... .os,...ir W I ! 1 ` { , I �i J1-- gin rrig" t1 v t t pI a LL z ~OZ r'- z F1a16dpr�l W �� d • t 1 1 f y t� �� rtgr tlj I d . tI4ig j,'', iY 1i• Bit 1 11 !E ; i1 •� z o ir{: U. id Sous- 1 I 111 I t I I-iI. I s W•• a III I I '� I I 1.. I I I _--__k 1 i �.�. I I I \ PI \ 1\ i 7 i I, < en lt ve \ 3 III e \ sip \ \ , L , :.. 1-'11 ‘+ C 1' 11 4.. 1 \ n\ y� •\ I , iii 1 \ \ \ \ • \ \ ` _ \ \ \ < YI .t \ _ \\ q� \\\ m I. 1" 1/, \ 1i \ II \ 1 .4 TOWN OF FOUNTAIN HILLS Cie MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Geir Sverdrup, Senior Plann _T DATE: July 26, 2000 SUBJECT: Final Plats for FireRock Country Club L-2, M-2, and P-1 Please find attached staff reports for the aforementioned applications. Each of the aforementioned preliminary plats have been approved by the Town Council. Please refer to the attached staff reports for additional details regarding these requests. L L TOWN OF FOUNTAIN HILLS STAFF REPORT August 3,2000 CASE NO.: S99-044 PROJECT MANAGER: Geir H. Sverdrup, Senior Planner LOCATION: East of Fireridge Trail. and north of the Salt River Pima Maricopa Indian Reservation., located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "L-2" Subdivision which is a 4.68 acre, 6 lot subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-18 P.U.D." SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned"R1-35H P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant, zoned "R1-35H P.U.D." (F.C.C.A.S.P.) EAST: Vacant, zoned"R1-35H P.U.D."(F.C.C.A.S.P.) WEST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.) SUMMARY: This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club Parcel "L-2" Subdivision. The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. The L-2 area was designated for "Single-Family/Low" density land uses and was designated for a unit range of 10-23 units with a proposed unit count of 6 units. Parcel "L-2" Staff Report;S99-044 FireRock Country Club Parcel"L-2" August 3,2000 Page 2 proposes 6 lots. This request is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Final Plat Fire Rock Country Club Parcel "L-2" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "L-2" is sloping hillside with areas of moderate slopes. Slopes of 10-20% & 20-30% are predominate in the proposed subdivision, slopes of 30%+ occur on the rear of the lots and do not significantly impact the buildability of the lots. There are few areas of less than 10% % slopes. The subdivision proposes no new roads. All of the lots meet the "R1-18 P.U.D." zoning district's lot dimension requirements, including those for size and lot width respective to their plats. (159 GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "L-2" are right at the proposed the allowable disturbance limits. There are no on or off-site subdivision improvements associated with this plat. All improvements are shown in the Fireridge Trail. construction plans currently under review. ISSUES: There are no major outstanding issues with Parcel "L-2". All remaining redlines and comments are minor informational items and will be corrected prior to recordation of the final plat Preliminary Plat: The Planning and Zoning Commission recommended approval of this plat on February 24, 2000 the Town Council approved the preliminary plat on March 2, 2000. Staff Report;S99-044 FireRock Country Club Parcel"L-2" L August 3,2000 Page 3 Recommendation 1. Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, Staff recommends approval the Final Plat for the FireRock Country Club Parcel "L-2" subdivision. 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I, JJ1J �� s..1, r 1 1 it,,, 1.. ��a� t \ I 11 1 r r+f'6 \ I 1 1 i' 1 1 `j i ! x I ?1 a" ; I t ! u1 ! tjti�� \\ I , stzo di R - ><g 1 `1 1. I _ i Si,' ' ,\ .. ,� .s�q J 14 \ I I �I 1 rytit. 'tea 1 ^ �1\ \ \\ `11`` ill 'I i�, \ 09* \\ �y� \ •1 \ \ \\ � I \` \ \ L `� \ ,� '� \\ '\\ \ \ \saes -Z.=.:sZ:IATI=":.:r:w. 11 WF;S.W'fli r.ice. TOWN OF FOUNTAIN HILLS STAFF REPORT August 3,2000 CASE NO.: S99-035 PROJECT MANAGER: Geir H. Sverdrup, Senior Planner LOCATION: East of Fireridge Trail and. north of the Salt River Pima Maricopa Indian Reservation, located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "M- 2" Subdivision,which is a 17.78 acre, 22 lot, 3 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-18 P.U.D." SURROUNDING LAND USES AND ZONING: NORTH: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.) SOUTH: Vacant, Salt River Pima Maricopa Indian Reservation EAST: Vacant; zoned "OSR P.U.D." (F.C.C.A.S.P.) WEST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.) and Golf Course/ Residential O.S.R./R1-8A (Eagle Mountain) SUMMARY: This request by FireRock L.L.C. is for approval of the Preliminary Plat for the FireRock Country Club Parcel "M-2" Subdivision. The following staff report will review several aspects of the project, including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. L Staff Report S99-035 FireRock Country Club Parcel"M-2" August 3,2000 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low density land uses, with a unit range of 38-86 units and a proposed unit count of 20 units. Parcel "M-2"proposes 22 lots. After staffs review of the proposed Final Plat Fire Rock Country Club Parcel "M-2" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "M-2"is sloping hillside with areas of moderate to severe slopes. Slopes of 10-20% are predominate in the southern half of the proposed subdivision. Slopes of 20-30% are predominate in the northern half of the proposed subdivision There are few areas of less than 10% and 30% slopes. The subdivision proposes one new cul-de-sac street off of Fireridge Trail. All of the lots meet the "R1-18 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "M-2" are approximately 23,000 s.f. below the allowable disturbance limits. The on and off- site subdivision improvements will be shown on forthcoming improvement plans and their construction will be required to be assured prior to Final Plat recordation. ISSUES: There are no major outstanding issues with Parcel "M-2". All remaining redlines and comments are minor informational items and will be corrected prior to recordation of the final plat Staff Report S99-035 FireRock Country Club Parcel"M-2" August 3,2000 Page 3 Preliminary Plat: The Planning and Zoning Commission recommended approval of this plat on January 27, 2000 the Town Council approved the preliminary plat on February 3, 2000. Recommendation 1. Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, Staff recommends approval the Final Plat for the FireRock Country Club Parcel "M-2"subdivision. L 07/26/00 WED 10:12 FAX 602 944 5500 HIHLE] HORN & ASSOC. 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I I \ \ �144�- I13 _y1=4=R4 4 OwI I I A , � 2.Nq $ felli.,.',3 Ft Fi S. 5:,,•§1-:.15 ari 1 i R�7��R�SR'Rti7 - ' g I I N 3f �1 la�:� tztt= r I I ,� I' 4'02'§Ye6Yj iti vier I I ��� 11 lII 45 Iiv.; I ,iti G + I 1 wj , 1 I ae M. ,.1rE I I I '24 ikiiiRR R'g ! 15 za.a I I� vi6 I I iliti 1 - 1 w 0 $i , 1 II ��'J Dt I Ml1 NI. 1 I I L Ti c.,„,. ,_Li 1 I II 1 &1 11`I ,II a?3 KF7 wig \t- \ 'I\ III\ \,\ , riZ\\ \ , I •< 11 . � ,. \\ \ \\ ;! g r • \`\ HlN II, . v ,t ‘4 \.\\,\... t�` w [ i. .. k • . e ,.., , ..„..„ fir. i !a, '%84\gt 4:\ ,\ \` co 5�'� �sr ,z ti a., ` ‘ NI 4 y �r \` ` \•I a\ ry \\ \ \ ISi 1 L pli , 1 ,.....- ,,,. ,4,4* . t: 111411 1j4 r ) 1 itti m Kro o Hom w • lat, anti � endAssociat es,Inc. _. 1. i g 1 , pp 1-2 aro[ Yn a osoae M 41 MC W'n�rtne.Monty,Ind 7T00 Weft!U tti,i1b MO .— 4tec N WR�'Mt TOWN OF FOUNTAIN HILLS STAFF REPORT August 3,2000 CASE NO.: S99-046 PROJECT MANAGER: Geir H. Sverdrup, Senior Planner LOCATION: South of FireRock Country Club Drive and west of Palisades Blvd., located within the Fire Rock Country Club Area Specific Plan. REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "P-1" Subdivision,which is a 15.26 acre, 21 lot, 3 tract subdivision. DESCRIPTION: OWNER: Fire Rock L.L.C. APPLICANT: Dan Kelly for Fire Rock L.L.C. EXISTING ZONING: "R1-18 P.U.D." PARCEL SIZE: 15.26 Acres PROPOSED NUMBER OF LOTS: 21 lots, 3 tracts SURROUNDING LAND USES AND ZONING: NORTH: Vacant,zoned "R1-18 P.U.D." (F.C.C.A.S.P.) SOUTH: Residential,zoned "R1-8A" (Eagle Mountain) EAST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.) WEST: Multi-family, zoned "R-3" (Eagle Mountain) SUMMARY: This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club Parcel "P-1" Subdivision located south of FireRock Country Club Drive and west of Palisades Blvd. The following staff report will review several aspects of the project,including the following: 1. A review of the FireRock Country Club Area Specific Plan, and the development's conformance with this plan. 2. The subdivision's design and its conformance with the Subdivision Ordinance and the Zoning Ordinance. Staff Report S99-046 FireRock Country Club Parcel"P-1" August 3,2000 Page 2 Conformance with Fire Rock Country Club Area Specific Plan: The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club Area Specific Plan. This area was designated for "Single-Family/Low" density land uses, with a unit range of 136-204 units and a proposed unit count of 25 units. Parcel "P-1" proposes 21 lots. The proposed preliminary plat is in conformance with the FireRock Country Club Area Specific Plan and the adopted development agreements. After staffs review of the proposed Final Plat Fire Rock Country Club Parcel "P-1" Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed subdivision is in conformance with the FireRock Country Club Area Specific Plan. Subdivision Design GENERAL DESCRIPTION: The topography of the property for Parcel "P-1" is sloping hillside with areas of moderate slopes. Slopes of 20-30% are predominate in the proposed subdivision. There are very few areas of less than 10%. Slopes of 10-20% slopes are located in the northern and southern areas of the plat . The subdivision proposes one new cul-de-sac street off of the future Palisades Blvd. extension. All of the lots meet the "R1-18 P.U.D." zoning district's lot dimension requirements, including those for size and lot width. GRADING: The proposed subdivision complies with the Land Disturbance Standards of the Supplemental Development Agreement for FireRock Country Club. The applicant is providing projected disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock Country Club allows the applicant to provide the required amount of non-disturbance required by the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside analysis by slope bands and has determined the amount of required preservation. This amount will be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current projected allocations for the disturbance area's lot by lot. Current projections for disturbance in Parcel "P-1" are right at the disturbance limits projected by the development. ISSUES: There are no major outstanding issues on Parcel "P-1". All remaining redlines and comments are minor informational items and will be corrected prior to recordation of the plat Preliminary Plat: Staff Report S99-046 FireRock Country Club Parcel"P-1" August 3,2000 Page 3 The Planning and Zoning Commission reviewed and recommended approval of the preliminary plat at their January 27, 2000 meeting. The Town Council approved the preliminary plat at the February 3, 2000 meeting. Recommendation Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning, and the proposed subdivision design, staff recommends approval the Final Plat for the FireRock Country Club Parcel "P-1". L N lap M ,� d ,,,,_ .11:v glii 1 . 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"' #. � - " / ;. ` C 4- 4 1 ; Pdi � w: > J � ' --'�---r ham<.�. ` , i , d , . w N w 0002']6s Ila7! 7!M"TO'ID 8 1.3121.1. - /scna as alNOOM'OTr 49242' �, sCC905 29 I ,'.. > ♦5^4 i • i Pi • �Y b arM / I b� as '` j ud wh, Op� , ' ' <eg FOE as ;A "� i� zip-. ;Se Lr, 85 g L �, Gi € Xa 6 gti Town of Fountain Hills Memorandum DATE: July 26, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community Developmen THROUGH: Paul L. Nordin,Town Manager SUBJECT: Consideration of an Option and Site Lease Agreement with Sprint Spectrum LP for the installation of stealth communications facilities in Town Right-of-way at the southwest corner of Shea Boulevard and Eagle Mountain Parkway. Over the past few months staff has discussed the possibility of leasing a portion of Shea Boulevard right-of-way for the development of stealth telecommunications antennas with Sprint Spectrum LP(Sprint). Staff has been insisting that"alternative tower structures"such as flag poles but preferably Saguaro Cacti be used to camouflage cellular antennas. Sprint has agreed to utilize the latter for this site. Sprint is proposing to develop two cellular antennas that will be made to appear as two 25-foot high Saguaro cacti. A 20-foot by 20-foot equipment structure is also proposed that will be recessed into the ground so that its appearance is minimized from view from Shea Boulevard and Eagle Mountain Parkway. Sprint will also plant one new 20-foot high real saguaro cactus, so that it would appear as though there is a grouping of saguaro cacti at the site. Sprint has agreed to rent the site from the Town for the first five years for$1,500 per month. In each of the three consecutive five-year renewal terms the rent will be increased by 10%. The most rent that the Town currently receives from a site such as this is$1,000 per month. Please review the attached lease documents, including the color pictures attached to this memorandum. The pictures are from the Larson Company, a Tucson firm that specializes in creating the faux Saguaro cacti used to camouflage cellular antenna and the company that Sprint will use for this facility. As you may note from the pictures the faux Saguaro cacti are made to look as natural as possible, including blemishes,discoloring and woodpecker holes. Please feel free to give me a call at 816-5108 if you have any questions. Staff will also be happy to respond to any questions you may have at the June 1, 2000 Town Council meeting. Staff recommends Town Council approval of the Option and Lease Site Agreement with Sprint Spectrum LP. 11*. 111104 I L SPrint Sprint PCIr 46E3 ONTON DRIVE. SUITE 100 PLEASANTON, 94 CA 94588 =PROJECT INFORMATION: BELLAGIO PH29XC447-D 14801 E. EAGLE MOUNTAIN PKWY. FOUNTAIN HILLS. AZ 85268 MARICOPA COUNTY -CURRENT ISSUE DATE: 7/27/00 -ISSUED FOR: ZONING REV.: DATE: DESCRIPTION: BY: 1 4 8 I /� ISSUED FOR /4� 7/27/00 RE-DESIGN BS AISSUED FOR 7/24/00 ZONING BS I ISSUED FOR A B/24/99 ZONING 100X IC ISSUED FOR A 7/22/99 ZONING 90% MN =PLANS PREPARED BY: REV. DELTA GROUPS ENGINEERING.INC. SHEA BLVD, CONSUOING UNGINU#i 3 2601 MAN STREET/260 IRVINE.CA 92614-6220 IT 3 TEL 949-622-0333 FM 949-622-0331 3 =CONSULTANT: 3 SITE I_ [DRAWN BY: CHK.:-APV.: BRS Lv —LICENSURE: VICINITY MAP ��„ NG '00 =SHEET TITLE: DEPART PHOENIX ON N.CENTRAL AVE.. TURN RIGHT ONTO E McDOWELL RD. TURN LEFT TOWARDS SR-51 NORTH. MERGE ONTO SR-51 (DREAMY DRAW) AT SR-51 EXIT 9.TURN ONTO RAMP TOWARDS SHEA BLVD. BEAR RIGHT ONTO E.SHEA BLVD.. TURN RIGHT ONTO E EAGLE MOUNTAIN PKWY., TITLE SHEET =SHEET NUMBER: REVISION: DRIVING DIRECTIONS Ti 4 99A342 OVERALL SITE PLAN jD, 2 �_ • Sprl ite Sprint PCS" 4683 CHABOT DRIVE, SUITE 100 PLEASANTON, CA 94588 =PROJECT INFORMATION: BELLAGIO PH29XC447 14801 E. EAGLE MOUNTAIN PKWY. SHEA BLVD. FOUNTAIN HILLS, AZ 85268 D.BRASS 1 S 1114'53'E 0 INERSELD 143.er 6 EAGLE MT. s =CURRENT ISSUE DATE: TEASE SIZE I-155.65' N 663F46'w 451.66' 06/1/00 S 27.32'2.r w 73.36' 'NC'2666.79' L=757.3e R=3a pm S 09100'46'E 47.28' ,a S 527Y3Y E 54.04' m =ISSUED FOR: S h7y 4j. N21114'38'W SITE PLAN E 95723• PARCEL 7 N • =REV.:=DATE: DESCRIPTION: BY:— • • 1c CAP TRACT C-1 , . 1/2•IRON ROO BOOK 401, PAGE 16, Y,C.R. 4.sb• END.I/2' N OJ 37'4. es w IRON ROD M. FAD.1/2'IRON ROD H.. U` � i / A 07/27/00 ADD CONTOURS Ca - A 06/2/00 LEASE STYE CHANGE NC =PLANS PREPARED BY: ..(..., delta groups SCUM UNE,NWI/A SECTON 29 engineering, inc. consulting engineers 5990 STOIEIROCE DRIVE.SUITE 119 PLEASANTON,CA 64586 TEL 925-466-0115 FM 925-446-0355 CONSULTANT: CAL VADA PROPERTY LEGAL DESCRIPTION DESCRIPTION OF aM ' UG"J®, OM. 7705 6:. Croy weed 0101 (TRACT C-S AT LOS ALTOS HILLS) ■oettbdeIe, AZ 00200 BEING A PORTEN OF SECTION 29,T1M4GHP 3 NOOKRANGE 6 EAST GE THE OlA AND 020'NOE STORM CRAIN EASEMENT PER Fl A1gle 146q 966-ON oe(09)994-904 SALT RIME BASE AN0 L[AIOAN.YMOCOPA CONTY,AMOMA,NOTE PARTICULARLY MO BOON 436 OF YAPS,PAGE 30 NCR. DOOMED AS FOL0119 MOCK AT THE PEST(WARIER CORNEA OF SAD SECTION 29; 10710E NORTH 00 OEIREES 03 MITES 52 SECONDS NEST ALONG ME NEST uAE OF SAD 0 SLOPE EAsu4RT PER FINAL PLAT IN 900 `DRAWN BY: CHK.: APV.: SECTON,707.46 FEET: MAPS,PACE 30.MCR. THENCE NORM 69 ITEOEEES 56 MN IEFS 06 SECONDS EAST.214576 FELT TO THE PONT OF AND/RG/IIJC 1LH OH RECNNNO DTTICE NORTH 31 DEGREES 04 MUTES 17 SELLERS NEST,31 1.66 FEET;THENCE NORTH 71 0 1'VEHICULAR NON-ACCESS EASEMENT —LICENSURE: DEGREES 19 MINUTES 09 SECONDS 9EST,915.23 F1ET;DEVICE NORTH 52 DEGREES 22 MUTES 00 SEEMS NET,5404 FEET:0ENGE NORTH 09 DEGREES 00 MONKS 15 SECONDS 11E51,47.29 FEET; THENCE NORTH 27 DECREES 32 MIMES 58 SECODS EAST,7130 FEET TO A PONT ON A LA, CURVE COI DE SOUTHERLY RIGHT-OF-WAY LLME OF SHEA BOULEVARD FROM 111101 DE ..,;. CA CENTRAL PONT BEUMS SOUTH 00 COKES 10 MINUTES 34 SECGHDS NEST,2686.79 FEET; 14010E EASTERLY ALONG SAD SOUTHERLY MIT-OF-WAY U NE NO ALONG'ME MC OF 66666 SAM CUR*.THROUGHA ISNTRU MOE OF D3 DEGREES 19 MNUTES 17 SEOGH05.NAYNG . FE DWAY LEE) EE ,; AN ARC DISTANCE OF 15575 FEET, EEAl fF THENCE SOUTH 66 DEGREES 31 MUTES 46 SECONDS EAST.MIMING ALONG SAID NON-TANLGENTSOUTHERY 01g1RVF,THE CENTRAL PONT O T0 A KM HARM THE MIOH BEARS NORTH 03 DEGREES 2NG6 MUMS OFOF A 'NA `,'r 03 SECONDS EAST,3056.21 FEET;DE MICE EASTERLY,CONTEMN ALONG SAD SOUTHERLY Y 1927. FIGHT-OF-WAY uNE AND ALOD THE ARC OF SAID CUMYE,THROUGH A CENTRAL ANGLE OF 1 0 DECREES 26 MUTES 26 SECONDS,HAVING NI MC NONCE OP 55669 FEET,TO A PONT MMBNG RR BEGINNING OF A NON-TALEDIT CURVE,RE CENTRAL PONT OF NNI01 BEARS =SHEET TITLE: NORTH 76 DECREES 45 MINUTES 07 SECONDS EAST.1000.00 FEET;DOICE SOUTHERLY ALONG TE MC OF SAID CLEW,THOUGH A CENTRAL ANGLE OF 09 DECREES 49 MUTES 44 SECONDS,HAVING AN MC DISTANCE OF 171.55 FELT; RCE BENNA1 T 36 ON°5 1S2OF4PET TOPOGRAPHIC IION6 THE INO TANGENT RA16 ARADi6290TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,THROUGH A OHM&ANGIE OF 30 SITE SURVEY DECREES 35 MUTES 48 SECONDS,HAVING AN ARC DISTANCE OF 34264 FEET; THUILE SOUTH IO DEGREES 37 MINUTES 11 SECONDS EAST,94.17 FELT;1HQICE SOUTH 44 • 1E3EES 26 MUTES 12 SECODS EAST,68020 FEET:THENCE SOUTH 19 DEGREES 32 NUTEs 07 SECODS EAST,116s3 FELT; =SHEET NUMBER: REVISION: CE SOUTH 07 DECREES 13 MUTTS 52 SECGH05 OUT.11 2.34 FUT TO A PONT WIRIONG SSE BEGINNING OF A NON-TANGENT ONE,DE COMM.PONT OF 0404 BEARS SOUTH 25 DEGREES 06 MEWS 35 SECONDS EAST,114200 FEET; DEGREE S32 MIMES 3 ALONG THE ARC OF SNO DUST,TROUGH A 7 CENTRAL ANGEL OF E S / A OECRFES 32NWIES 30ST:CGHDS,HAVING AN ARC 05TANGE GE214,97 F1E1; MICE NORTH 43 DEGREES 16 MNUEFS 39 SECONDS NEST,103190 FELT TO THE PONT OF IEGNNNG EXCEPT ANY POR1ON HEREOF LEAD MTHM EAGLE MOUNTAIN PARCEL 7.A0ORONG TO 900H 467 OF YAPS PAGE 46 RECORDS OF WMCOPA COUNTY,ARIZONA. AIOO-002E404 ----Sprint�tPS 4683 CHABOT DRIVE, SUITE 100 PLEASANTON, CA 94588 =PROJECT INFORMATION: BELLAGIO PH29XC447-D 14801 E. EAGLE MOUNTAIN PKWY. FOUNTAIN HILLS, AZ 85268 MARICOPA COUNTY =CURRENT ISSUE DATE: 7/27/00 =ISSUED FOR: ZONING =REV.:DATE: DESCRIPTION: BY - SHEA BLVD. (EAST BOUND) ISSUED FOR A 7/27/00 RE-DESIGN BS 1 /� ISSUED FOR A 7/24/00 ZONING )3S ISSUED FOR A 8/24/99 ZONING 100% JC /� ISSUED FOR /1\ 7/22/99 ZONING 90% MN GOff (E)CMU WALL r---- =PIANS PREPARED By: COW 8 iOA (E)TREES TO REMAIN 1YP. DELIA GROUPS PROPOSED 20'-0"HIGH REAL CACTUS 1 � ENGINEERING.INC. CONSULTING ENGINEERS • PROPOSED SSEORS TOTAL ATT22-O RAD PER ETEE SECTOR MOUNTED INSIDE CACTI SEE 1/A2 FOR DETAILS 2601 MAIN STREET i 260 IRVINE,CA 92614-6220 PROPOSED 5'-0"WIDE UNDEROROUNO COAXIAL CABLE EASEMENT TO ANTENNA LOCATION TEL 949-622-0333 FAX 949-622-0731 I 'CONSULTANT: PROPOSED SPRINT PCS LEASE AREA SEE 1/A2 FOR DETAILS PROPOSED EQUIPMENT CABINETS MOUNTED ON CONCRETE SLAB PROPOSED (2) 4'-0"WIDE ACCESS GATES `-DRAWN BY: CHK.:=APV.: V - - - - - ( BRS =LICENSURE: PROPOSED 5'-0"WIDE UNDERGROUND UTILITY EASEMENT- NOTES. 1. THIS SITE PLAN IS TO BE BASED ON THE SURVEY. SHEET TITLE: OTHER THAN THE LEASE AREA ITSELF, ALL DIMENSIONS, CONTOURS, NORTH ARROW, ETC., ON THIS DRAWING ARE N,3 IR SUBJECT TO CONFIRMATION BY THE SURVEYOR. REFER TO SITE PLAN LS1 FOR ADDITIONAL INFORMATION. 3. THE LEASE AREA WITHIN THE CMU WALL IS EXCAVATED 4'-0" BELOW GROUND LEVEL WITH 3'-0" ABOVE fly, GROUND LEVEL WHERE EQUIPMENT AND CMU WALL ARE ,-�,`I-� E =SHEET NUMBER: REVISION: LOCATED. SEE SURVEY (LS1) FOR CONTOURS AND 4� ADDITIONAL INFORMATION. Al S 4 SITE PLAN '�?� 1 99A342 a; Sprint. I 4 sprint�. Oil_ 4683 CHABOT DRIVE, SUITE 100 liiii- PLEASANTON, CA 94588 PROPOSED 25'-0' HIGH CACTUS w/ , ANTENNA PER SECTOR, =PROJECT INFORMATION: 1 SECTORS TOTAL CONCEALED INSIDE O BELLAGIO le PH29XC447-D 14801 E. EAGLE MOUNTAIN PKWY. FOUNTAIN HILLS, AZ 85268 MARICOPA COUNTY -CURRENT ISSUE DATE: 7/27/00 -ISSUED FOR: ANTENNA LAYOUT(SECTOR 1 AZIMUTH 10°) PLAN „ ,,, pi N° ZONING =REV.:=DATE: DESCRIPTION: BY:= al Sc'cr�yh t GOG ,2„....,. _ sEcioLL 2 ISSUED FOR /9\ 7/27/00 RE-DESIGN BS �/� ISSUED FOR Ni,,,, ! l 7/24/00 ZONING BS \ ISSUEDEG 100% FOR PROPOSED 25'-0.HIGH CACTUS , /��\A 8/24/99 ZONING ISSUED FOR JC W/ I ANTENNA PER SECTOR, / 1 7/22/99 ZONING 90X MN 2 SECTORS TOTAL CONCEALED INSIDE � �'I'�'�` =PLANS PREPARED BY: L K.i'if tt _DELTA GROUPS s ENGINEERING.INC. EASEMENT CONSULTING ENGINEERS ANTENNA LAYOUT(SECTORS 2&3,AZIMUTH 80°&300°) ",RN Ape , -NOMoN 2601 MAN STREET 1 260 IRVINE.CA 92614-6220 TEL 949-622-0333 FAX 949-622-0331 =CONSULTANT: ;ROUND • 1 CA-1 2' 4' _ n_ -DRAWN BY: CHK.:=APV.: w I U LI BRS I I10 -LICENSURE: Ili1.1 C s• .=. o 1 .1p w N N 11�]irl 7— I i =SHEET TITLE: y EQUIPMENT AREA PLAN KEY PLAN L EQUIPMENT LAYOUT ANTENNA LAYOUT f -- ---- -SHEET NUMBER: REVISION: EQUIPMENT LAYOUT m ..�. ., \ 4TLA2_4 0. .® 9 _ , 2 99A342 OPTION AND SITE LEASE AGREEMENT THIS OPTION AND SITE LEASE AGREEMENT (this"Agreement") is entered into this day of , 2000 ("Date of Agreement"), by and between the Town of Fountain Hills, an Arizona municipal corporation("Lessor")whose address is 16836 East Palisades, Building"C", Fountain Hills, Arizona 85268 and Sprint Spectrum LP, a Delaware limited partnership ("Lessee")whose address is 4683 Chabot Drive, Suite 100, Pleasanton, California 94588. WHEREAS, Lessor is the owner of certain real property as more described in Exhibit A (the"Property") attached hereto and incorporated herein by this reference; and WHEREAS, Lessee desires to obtain an option on the Property for the purpose of occupying and installing a Communications Facility as more specifically set forth below. NOW THEREFORE, Lessor and Lessee agree as follows: 1. Consideration. Lessor for and in consideration of Seven Hundred and Fifty and no/100 Dollars ($750.00), the receipt whereof if hereby acknowledged, does hereby grant and convey unto Lessee, its successors, assigns, and agents an option to lease a portion of the Property for the Permitted Use as set forth in Paragraph 3 below. Payment of amount specified will be conveyed to Lessor with an executed copy of this Agreement. 2. Option. The option to lease Lessor's Property may be exercised by Lessee at any time within the first eighteen(18 ) months of the Date of Agreement("Option Period")by providing Lessor with written notice of Lessee's intent. Lessor agrees that Lessee may extend the Option Period by six(6) additional months by providing Lessor with written notice prior to the expiration of the original Option Period and by paying Lessor, at the time Lessee requests the extension an additional sum of Seven Hundred Fifty and no/100 Dollars ($750.00). 3. Permitted Use. The location of the Lessor's Property which Lessee is occupying and installing its facility shall be referred to as the"Premises". The approximate location of the Premises is set forth in Exhibit B, attached hereto and incorporated herein by this reference. (a) Lessee shall have the right, at its expense, to install, construct, reconstruct, modify, replace, and maintain on the Premises a communication facility including up to two radio and other communication transmitting and receiving antennas, support structures, (which shall be "Alternative Tower Structures" as defined and required in this Agreement) cables, equipment, including a fuel or electric powered generator, equipment storage structures and other improvements relating hereto (collectively the"Communications Facility"). The Communications Facility is described in greater detail in Exhibit C attached hereto and incorporated herein by 1 reference. Lessee shall have the right to relocate the Communications Facility on the Property at any time during the term of the Agreement so long as said relocation is made with prior written consent of Lessor, which consent shall not be unreasonably withheld, and so long as the relocated components of the Communications Facility are substantially the same as shown on Exhibit C and as confirmed by Lessor. (b) Lessee shall be entitled to unrestricted access, to the Premises twenty four (24)hours a day, seven(7) days a week, and Lessee shall notify Lessor within forty-eight (48) hours after it has accessed the Site unless Lessee previously submitted to Lessor a regular maintenance schedule that Lessor has approved, which approval shall not be unreasonably withheld. (c) Lessee shall pay any incremental additional utility charges for the Premises incurred as a result of Lessee's Permitted Use. Lessee shall have a right, at its expense, to install or improve utilities within or on the Property to service the Communications Facility. All utility lines, without exception, shall be underground and shall be re-vegetated substantially the same as shown in Exhibit C, as confirmed by Lessor. As partial consideration for Rent paid under this Lease, Lessor hereby grants Lessee and Lessee's agents, employees or contractors, an easement ("Easement") for ingress, egress, and access (including access for the purposes described in this Section) over and under the Property to and from the Premises adequate to install and maintain utilities to the Property adequate to install and maintain utilities, which include, but are not limited to the installation of underground power and telephone service cable, and to service the Premises and Communications Facility at all times during the term of this Lease. (d) Lessee shall provide construction drawing to Lessor, which shall be subject to Lessor's prior written consent, which shall not be unreasonably withheld, before proceeding with the installation of the Communications Facility. (e) Lessee's construction shall be in conformance with all existing applicable Town of Fountain Hills Codes and provide adequate landscaping for the Premises. Lessee shall not install lighting at the top of each Alternative Tower Structure unless such lighting is required by the Federal Aviation Administration. (f) The Communications Facility constructed pursuant to this Agreement shall be a stealth application to blend into the surrounding landscape and vegetation. Specifically, the equipment storage structure and all related devices shall be completely screened from view from Shea Boulevard and camouflaged so as to conceal its purpose. Likewise, each tower constructed on the Premises shall be an"Alternative Tower Structure" as defined in the Town of Fountain Hills Zoning Ordinance, Section 17.02, designed to appear as a Saguaro cactus, as presented by Lessee and approved by Lessor which approval shall not be unreasonably withheld. The maximum height of each Alternative Tower Structure shall not exceed Twenty-Five(25) feet. Failure by Lessee to use a stealth application on any portion of the Communications Facility for the Lease Term or any Renewal Term shall be considered a material breach of this Agreement. 2 4. Term. This Agreement shall be for a term of five (5)years ("Lease Term"). The Agreement shall commence with respect to the Property on the date that the Lessee places its written notice to Lessor in the mailbox, return receipt requested, of its intent to execute its right to lease the Property. Lessee shall have the right to renew the Agreement for three(3) additional five(5)years terms ("Renewal Term"). 5. Rent. (a) Each month during the initial Lease Term Lessee shall pay One Thousand Five Hundred and no/100 Dollars ($1,500.00) ("Lease Payment")to Lessor as"Rent". Said Rent shall be payable in advance to Lessor on or before the first day of each calendar month. Each additional Lease Renewal Term shall be paid as follows: Renewal Term 1 - Year 6 - 10 $1,650.00/month Renewal Term 2 - Year 11-15 $1815.00/month Renewal Term 3 - Year 16-20 $2000.00/month (b) Lessee shall pay, as additional rent, any transaction privilege tax, use tax or increase in real property taxes assessed against Lessor by virtue of this Agreement and Lessor agrees to furnish proof of such increase to Lessee. 6. Due Diligence. During the Option Period and any option extension, Lessee, its agents, engineers, contractors shall have the right to enter upon Lessor's Property to inspect, examine, sample and conduct all engineering tests or studies of the Premises to apply for and obtain all licenses and permits required for the Lessee's Permitted Use from all applicable governmental or regulatory entities, and other do those things on the Premises that, in the opinion of Lessee, are necessary to determine the physical condition of Premises. Lessor's title to the Premises and the feasibility or suitability of the Premises for Lessee's Permitted Use, all at Lessee's expense. Lessee shall not be liable to Lessor or any third party on account of any pre- existing defect or condition on or with respect to the Premises whether or not such defect or condition is disclosed by Lessee's inspection, although Lessee shall be responsible for any damage, loss or destruction to the Premises as a result of the actions of its employees, representatives or agents during the due diligence activities. 7. Interference. (a) Lessee shall not use the Premises in any way that interferes with the existing use by(i)Lessor or(ii)tenants or licensees or Lessor holding rights to the Premises on the date of this Agreement ("Existing Tenants"). (b) Lessor warrants to Lessee the use and quiet enjoyment of the Premises. Lessor agrees that it shall not use, nor shall it permit its tenants, Lessees, employees, invitees or agents to use, any portion of the Property in any way which would interfere with the operations of 3 Lessee, provided that continued use by Lessor of Existing Tenants in the same manner as existed at the time of the Lease was executed shall not constitute interference with Lessee's operations. 8. Environmental Matters. (a) Lessee will be solely responsible for and will defend, indemnify and hold Lessor, its agents, employees and elected officials harmless from and against any an all direct claims, costs and liabilities including reasonable attorney's fees and costs, arising out of or in connection with the removal, cleanup, or restoration of the Property caused by Lessee's introduction and/or use of Hazardous Materials (as defined in attached Exhibit D). (b) Lessor will be solely responsible for and will defend, indemnify, and hold Lessee, its agents, employees and elected officials harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Lessee. (c) "Hazardous Materials" means asbestos or any hazardous substance, waste or materials as defined in any federal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. (d) The obligations of this Section Eight shall survive the expiration or other termination of this Agreement. 9. Insurance and Indemnification. Lessee shall maintain at its expense commercial general liability insurance covering actions by Lessee providing for a limit of not less than $1,000,000 bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death of all persons and for damages to or destruction of property, including the loss of use thereof. Coverage shall include independent contractor's protection, premises operations, products completed operations and contractual liability with respect to the liability assumed by Lessee hereunder. Lessor and Lessee shall look solely to insurance for loss due to any damage which is covered by insurance and neither company's insurance company shall be subrogated to a claim against the other party. In the event Lessee is self-insured, Lessee shall supply Lessor with a certificate of self-insurance which complies with the policy limitations set forth above. Each party shall indemnify and defend the other against loss from their negligent acts and that negligent act of their employees, agents and invitees. 10. Assignment and Subleasing. (a) Upon Lessor's written consent, which shall not be unreasonably withheld, Lessee may assign this Lease, in part or in whole, including its right to renew, to any person or business entity which is license by the Federal Communications Commission. 4 (b) Lessee may sublet or assign this Lease, or portion thereof, and its other rights hereunder to any person or business entity which is a parent, subsidiary or affiliate of Lessee or to any person or entity that acquires Lessee's radio communications business without Lessor's consent. (c) Upon notification to Lessor of any assignment, Lessee shall be relieved of all performance, liabilities and obligations under this Option and Site License Agreement. (d) Lessee agrees to support the Town of Fountain Hills' interest in having wireless communication providers co-locate their antennas, on either new or existing structures, and will cooperate with third party communication users in accordance with the provisions of this Section 10(d). In the event Lessor elects to permit another communications user the right to use Lessor's Property, Lessor agrees to notify Lessee thirty(30) days prior to the issuance of such authority for the purpose of determining whether the third party communications user will interfere with Lessee's intended use of the Premises. Should Lessee notify Lessor in writing that the third party communications user will interfere with Lessee's operations, then Lessor agrees not to permit the third party communications user the right to use the Premises. Lessee's consent shall not be unreasonably withheld. (e) Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Agreement and Lessee's Communications Facility, and may assign this Lease and Lessee's interests, including their successors or assigns, thereinafter collectively referred to as titro "Mortgagees" and individually as a"Mortgagee" provided such Mortgagees or their successors and assigns shall be bound by the terms and provisions of this Agreement upon foreclosure or forfeiture of their security interest in this Agreement and the Communications Facility. In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortagees. Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee or to remove any property of Lessee or Mortgagee located on the Premises. All such notices to Mortgagee shall be sent to Mortgagee at the address specified by Lessee upon entering into a financing arrangement. Failure by Lessor to give Mortgagee such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights Mortgagees to cure any default and to remove any property of Lessee or Mortgagee located in the Premises. 11. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communications Facility or any portion thereof which shall be deemed personal property for the purposes of this Agreement, regardless of whether or not the same is deemed real or personal property under applicable laws, and Lessor gives Lessee and Mortgagee the right to remove all or any portion of the same from time to time, whether before or after a default under this Agreement, in Lessee's and/or Mortgagee's sole discretion and without Lessor's consent. 12. Termination. This Option and Site Lease Agreement may be terminated as L 5 follows: (a) By Lessor if Lessee fails to cure a default for payment of amounts due hereunder within thirty(30) days after Lessee's receipt of written notice or default from Lessor. (b) By the non-defaulting party if the other party defaults(other than a default described in section 12(a) above) and fails to cure such default within sixty(60) days after written notice of such default is received by the defaulting party from the non-defaulting party; provided, however, that if such default is capable of being cure, the Lease may not be terminated so long as the defaulting party commences appropriate curative action within such sixty(60) day period and thereafter diligently prosecutes such cure to completion as promptly as possible. (c) By Lessee upon sixty(60) days prior written notice for any reason. - 13. Successors and Assigns. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 14. Representations and Warranties. Each party covenants and warrants to the other that: (i) it has the full right, power and authority to execute this Option and Site Lease Agreement and has the power to grant all rights hereunder; (ii) its execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease or other agreements binding on said party, and (iii)the execution and delivery of this Agreement, and the performance of its obligations hereunder, have been duly authorized by all necessary personnel or corporate officers and do not violate any provisions of law or the party's certificate of incorporation or bylaws or any other arrangement, provision of law or court order of decree. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, or mailed by certified mail, return receipt requested, to the following addresses: If to Lessor: If to Lessee: Town of Fountain Hills Sprint Spectrum L.P. Attn: Town Manager Attn: MTA Director 16836 East Palisades 4683 Chabot Drive, Suite100 Building"C" Pleasanton, California 94588 Fountain Hills, Arizona 8526 Phone: (602) 816-5108 Phone: (925) 468-7800 Fax: (602) 837-3145 Fax: (925)468-7839 L 6 With a copy to: Sprint Spectrum L.P. Attn: Legal Department 4900 Main, 12th Floor Kansas City, MO 64112 Phone: (816) 559-2512 Fax: (816) 559-2281 16. Miscellaneous. (a) This Option and Site Lease Agreement shall constitute the entire agreement and understanding of the parties with respect to the property that is the subject matter thereof and supersedes all offers, negotiations and other agreements with respect thereto. There are no representations or understandings of any kind not set forth herein. Any amendment to his Agreement must be in writing and executed by both parties. (b) Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the State of Arizona. There shall be no discovery other than the exchange of information which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. The arbitrator shall have authority to award the substantially prevailing party its reasonable attorney's fees and costs, including appeals, if any. Notwithstanding the above, either party shall have the right to pursue provisional remedies in the event of default by the other party under this Agreement. (c) Either party thereto that is represented in this transaction by a broker, agent or commission salesperson(a"Representative") shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such Representative, and shall indemnify and hold the other party harmless from and against any claim to fee, commission or other compensation asserted by such Representative, including reasonable attorney's fees and costs incurred in defending such claim. (d) If any term of this Agreement is found to be void or invalid, such invalidity shall not effect the remaining terms of this Agreement, which shall continue in full force and effect. (e) By executing this Agreement, the parties are not establishing any joint undertaking,joint venture or partnership. Each party shall be deemed an independent contractor and shall act solely for its own account. 7 (f) Lessee agrees within sixty(60) days after the expiration or termination of this Agreement, to remove all Lessee's property and to restore the Premises to its original condition to a depth of one foot excepting normal wear and tear. (g) Pursuant to the provisions of A.R.S. 38-511, the Lessor may cancel any contract or agreement without penalty or obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Lessor is at any time while the contract or any extension thereof is in effect the employee of any other party to the contract in any capacity or an Architect to any other party to the contract with respect to the subject matter of the contract. (h) This Agreement shall be governed and interpreted according to the laws of the State of Arizona. (i) The parties understand and acknowledge that all Exhibits may be attached to this Lease in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, these preliminary exhibits may be replaced by Lessee with such final more complete exhibits, subject to the approval of the Community Development Director of the Town of Fountain Hills. (j) Owner shall execute and deliver to Lessee a recordable memorandum of this Lease in the form of the attached Exhibit E. LESSOR: LESSEE: TOWN OF FOUNTAIN HILLS SPRINT SPECTRUM L.P. By: By: Its: Its: ATTEST: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: Town Attorney cr 8 EXHIBT A Legal Description tion P A PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29. TOWNSIP 3 NORTH, RANGE 4 EAST OF THE GILA at SALT RIVER MERIDIAN, MARICOPA COUNTY. ARIZONA. DISCRIBED AS FOLLOWS; COMMENCING FROM A FOUND BRASS CAP AT THE INTERSECTION OF SHEA BOULEVARD AND EAGLE MOUNTAIN PARKWAY. THENCE ALONG THE CENTERUNE OF EAGLE MOUNTAIN PARKWAY, A BEARING OF SOUTH 1 1'14'53" EAST. 143.98 FEET; THENCE SOUTH 89'54'07' WEST, 119.07 FEET TO THE POINT OF BEGINNING AND A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE NORTH 90'00 00 WEST, 20.00 FEET: THENCE NORTH 00'00600' WEST, 20.00 FEET: THENCE NORTH 90'00'00' EAST. 20.00 FEET: THENCE SOUTH 00'00'00' WEST. 20.00 FEET TO THE POINT OF BEGINNING. CONTAINTING 400 SQUARE FEET OF LANO. MORE OR LESS. UTILITY EASEMENT: COMMENCING FROM SAID POINT 'A'; THENCE SOUTH 40'39'04' EAST. 25.34 FEET: THENCE SOUTH 18'51'14' EAST. 52.53 FEET; THENCE NORTH 47634'29' EAST, 24.00 FEET TO A PROPOSED ELECTRIC METER; THENCE NORTH 80'59'57' WEST. 132.24 FEET TO AN ELECTRIC WN HOLE; THENCE SOUTH 04'23'406 EAST. 40.59 FEET TO A TELEPHONE POLE. L EXHIBIT B Premises Location Within the Property m SiHEA EL�ra mu co 47--; ..‘' .4.- 1$% (;:1/41", ,- )., . ta ! tDom E ii 1 . _ , \- . t____ . S 1104 Cir- WPC CUBS 1 MlOLO r MIT'AI s , ,, \INI* * A w lits \\ 1\N kirw ' — 11j-2 ttt. • / 0-.-. -"'"' vs A \ \ �, c ""OPQseD �o \G. PAYED ROAD.s..\ .' '- 1 9 1 car COURSE < \ -----'. .........................t .....- \r4 10 EXHIBIT C Site Plan To the Option and Site Lease Agreement dated , 2000, between the Town of Fountain Hills, an Arizona municipal corporation as Lessor and Sprint Spectrum L.P., a Delaware limited partnership as Lessee: Site Plan and Equipment SHEA BLVD. (EAST BOUND) OA7 f , ( (E) clu WALL r (E) TREES TO REMAIN M, fac_3 \ 4, ICi PROPOSED 20'-0' NIGH REAL CACTUS t 1 1 %BY PROPOSED PANEL 1 PER SECTOR 3 SECTORS TOTAL AAT22-0 RAD CENTER . 1 . MOUNTED INSIDE CACTI SEE T/A2 FOR DETAILS , ' i i I PROPOSED 3'-0' WIDE UNDERGROUND COAXIAL GABLE - EASEIENT TO ANTENNA LOGUION iS C ■ o1i C W 31 I� , PROPOSED SPRINT PCS LEASE AREA ,% ///�ji SEE 1/A2 FOR DUALS rill It PROPOSED EQUIPMENT CABINETS MOUNTED L ji / ON CONCRETE SLAB AT GRADE -I j% / PROPOSED 7-0' NXTN CMU WALL '' ' j WITH CHAIN UNN ROOF i PROPOSED (2) 4'-0' WIDE ACCESS GATES z� / %,i/�j i _4EAgE_AREA / /BOON y / // PROPOSED 5'-0' WIDE UNDERGROUND UTILITY EASEMENT j ji j i,j i (E) ELECTRIC BOX Y; •Q PROPOSED ELECTRIC BOX ' �� Ili PROPOSED s'-0'ACCESS EASEMENT MTN STABL12ED GRANITE EASEMENT 6 TO BLEND IN W/ EX6TMG LANDSCAPING EXHIBIT D Environmental Laws To the Option and Site Lease Agreement dated , 2000, between the Town of Fountain Hills, an Arizona municipal corporation as Lessor and Sprint Spectrum, L.P., a Delaware limited partnership as Lessee. As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances,judicial or administrative decrees, orders, decisions, authorizations or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq., the Clean Air Act, 42 U.S.C. §§7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. §§2601, et seq., the Oil Pollution Control Act, 33 U.S.C. §§2701, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. §§1801, et seq., the Safe Drinking Water Act, 42 U.S.C. 3001, et seq., and state laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. Low As used in this Lease, "Hazardous Substance" means any hazardous substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil; petroleum products and their by-products. 12 EXHIBIT E (60, Memorandum of Lease After recording, please return to: Michael E. Tiffany, Esq. Tiffany&Bosco, P.A. 1850 N. Central Avenue, 5th Floor Phoenix, AZ 85004 Memorandum and Confirmation of Option and Site Lease Agreement Between the Town of Fountain Hills, an Arizona municipal corporation ("Lessor") and Sprint Spectrum L.P., a Delaware limited partnership ("Lessee") This is a Memorandum and Confirmation of Option and Site Lease Agreement ("Lease")by and between the Town of Fountain Hills, an Arizona municipal corporation("Lessor")whose mailing address is 16836 East Palisades, PO Box 17958, Fountain Hills, Arizona 85269 and Sprint Spectrum L.P., a Delaware limited partnership ("Lessee")whose address is 4683 Chabot Drive, Suite 100, Attn: MTA Director, Pleasanton, California 94588. Date of Lease: , 2000 Description of Demised Premises: See Exhibit A attached hereto. Term of Option: Eighteen(18) months after date of Lease, with up to one additional six(6) month renewal ("Option Period"). Initial Term: Five (5)years commencing on the date (the"Commencement Date")to be set forth in the Notice to Exercise Option, such notice to be placed of record not later than six(6) months after expiration of the Option Period, if such option is exercised. Renewal Terms: Three (3)five-year periods after the expiration of the initial term of the Lease. The purpose of this Memorandum and Confirmation of Lease is to give record notice of the Lease and of the rights created thereby, all of which are hereby confirmed and incorporated herein. NOW, THEREFORE, Lessor, in connection of the rents and convenants provided for in the Lease to be paid and performed by Lessee, does hereby grant the aforesaid option and, If such option is exercised, does hereby demise, convey, grant and let unto Lessee the Demised Premises 13 upon the terms and subject to the conditions set forth in the Lease, a copy of which is being held by Lessor at its address as stated above. EXECUTED as of the date, or later of the dates, set forth in the respective acknowledgements of the parties hereto. LESSOR: LESSEE: TOWN OF FOUNTAIN HILLS SPRINT SPECTRUM L.P. By: Mayor Its: ATTEST: Town Clerk L APPROVED AS TO FORM: Town Attorney 14 Town of Fountain Hills Memorandum DATE: August 3, 2000 TO: Th onora Mayor and Common Council FROM: Je frey alder, irector of Community Development THROUGH: Paul L. r i wn Manager SUBJECT: Sprint Spptrum LP Lease Modification Earlier this week Councilmember McNeill contacted staff and suggested some modifications to Page 3 of the Sprint Spectrum LP Option and Site Lease Agreement that the Town Council is considering at tonight's meeting. Councilmember McNeill suggested some changes to Section 5 Rent, sub-paragraph(a) so that rent increases from one term to the next would be either 10% or the percentage change in the Consumer Price Index (CPI)during the preceding term of the lease, which ever was greater. Prior to this change the rent increase from one term to the next would have increased 10%,even if the CPI for the previous lease term had risen by more than 10%. Representatives of Sprint Spectrum LP agreed to the modified language and have made the changes to the lease. Attached is a revised copy of Page 3 that includes the modified language. Staff will request that this item be removed from the consent agenda and placed on the regular agenda at tonight's meeting so that we can explain this change in the language and confirm that the Council understands that a change in the language has been made. Staff recommends Town Council approval of the Sprint Spectrum LP Option and Site Lease Agreement with the attached modifications. L TIFFANY & BOSCO A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW FIFTH FLOOR VIAD TOWER 1850 NORTH CENTRAL AVENUE PHOENIX, ARIZONA 85004-4546 JENNIFER L.REYNOLDS DIRECT LINE:(602)255-6065 TELEPHONE (602)255-6000 E-MAIL:jreynolds@tiffany-bosco.com FACSIMILE (602)255-0103 August 3, 2000 Via Overnight Delivery Jeff Valder Director of Zoning Town of Fountain Hills 16836 East Palisades Building"C" Fountain Hills,AZ 85268 Re: PCS Site Agreement between the Town of Fountain Hills and Sprint Spectrum L.P. ("Agreement")for Sprint Site No.PH29XC447(Bellagio) Dear Mr. Valder: As we discussed, attached in regard to the above referenced Sprint Site,please find five(5) replacement pages to Sprint's PCS Site Agreement. After the Town has signed the Agreement,please return all five originals to me at the above address. Thank you and please let me know if you have any questions or comments. Sincerely, TIFFANY&BOSCO,P.A. er L. olds aralegal jr enclosures cc via facsimile w/encl: Jim McFadden, Esq. Rich Cascio Harry Bekela 139422 L OPTION AND SITE LEASE AGREEMENT THIS OPTION AND SITE LEASE AGREEMENT (this"Agreement") is entered into this day of August, 2000 ("Date of Agreement"), by and between the Town of Fountain Hills, an Arizona municipal corporation("Lessor")whose address is 16836 East Palisades, Building"C", Fountain Hills, Arizona 85268 and Sprint Spectrum LP, a Delaware limited partnership ("Lessee")whose address is 4683 Chabot Drive, Suite 100, Pleasanton, California 94588. WHEREAS, Lessor is the owner of certain real property as more described in Exhibit A (the"Property") attached hereto and incorporated herein by this reference; and WHEREAS, Lessee desires to obtain an option on the Property for the purpose of occupying and installing a Communications Facility as more specifically set forth below. NOW THEREFORE, Lessor and Lessee agree as follows: 1. Consideration. Lessor for and in consideration of Seven Hundred and Fifty and no/100 Dollars ($750.00), the receipt whereof if hereby acknowledged, does hereby grant and convey unto Lessee, its successors, assigns, and agents an option to lease a portion of the Property for the Permitted Use as set forth in Paragraph 3 below. Payment of amount specified will be conveyed to Lessor with an executed copy of this Agreement. 2. Option. The option to lease Lessor's Property may be exercised by Lessee at any time within the first eighteen(18 ) months of the Date of Agreement ("Option Period")by providing Lessor with written notice of Lessee's intent. Lessor agrees that Lessee may extend the Option Period by six(6) additional months by providing Lessor with written notice prior to the expiration of the original Option Period and by paying Lessor, at the time Lessee requests the extension an additional sum of Seven Hundred Fifty and no/100 Dollars ($750.00). 3. Permitted Use. The location of the Lessor's Property which Lessee is occupying and installing its facility shall be referred to as the"Premises". The approximate location of the Premises is set forth in Exhibit B, attached hereto and incorporated herein by this reference. (a) Lessee shall have the right, at its expense, to install, construct, reconstruct, modify, replace, and maintain on the Premises a communication facility including up to two radio and other communication transmitting and receiving antennas, support structures, (which shall be "Alternative Tower Structures" as defined and required in this Agreement) cables, equipment, including a fuel or electric powered generator, equipment storage structures and other improvements relating hereto (collectively the"Communications Facility"). The Communications Facility is described in greater detail in Exhibit C attached hereto and incorporated herein by 1 reference. Lessee shall have the right to relocate the Communications Facility on the Property at thor any time during the term of the Agreement so long as said relocation is made with prior written consent of Lessor, which consent shall not be unreasonably withheld, and so long as the relocated components of the Communications Facility are substantially the same as shown on Exhibit C and as confirmed by Lessor. (b) Lessee shall be entitled to unrestricted access, to the Premises twenty four (24) hours a day, seven(7) days a week, and Lessee shall notify Lessor within forty-eight (48) hours after it has accessed the Site unless Lessee previously submitted to Lessor a regular maintenance schedule that Lessor has approved, which approval shall not be unreasonably withheld. (c) Lessee shall pay any incremental additional utility charges for the Premises incurred as a result of Lessee's Permitted Use. Lessee shall have a right, at its expense, to install or improve utilities within or on the Property to service the Communications Facility. All utility lines, without exception, shall be underground and shall be re-vegetated substantially the same as shown in Exhibit C, as confirmed by Lessor. As partial consideration for Rent paid under this Lease, Lessor hereby grants Lessee and Lessee's agents, employees or contractors, an easement ("Easement")for ingress, egress, and access (including access for the purposes described in this Section) over and under the Property to and from the Premises adequate to install and maintain utilities to the Property adequate to install and maintain utilities, which include, but are not limited to the installation of underground power and telephone service cable, and to service the Premises and Communications Facility at all times during the term of this Lease. (d) Lessee shall provide construction drawing to Lessor, which shall be subject to Lessor's prior written consent, which shall not be unreasonably withheld, before proceeding with the installation of the Communications Facility. (e) Lessee's construction shall be in conformance with all existing applicable Town of Fountain Hills Codes and provide adequate landscaping for the Premises. Lessee shall not install lighting at the top of each Alternative Tower Structure unless such lighting is required by the Federal Aviation Administration. (f) The Communications Facility constructed pursuant to this Agreement shall be a stealth application to blend into the surrounding landscape and vegetation. Specifically, the equipment storage structure and all related devices shall be completely screened from view from Shea Boulevard and camouflaged so as to conceal its purpose. Likewise, each tower constructed on the Premises shall be an"Alternative Tower Structure" as defined in the Town of Fountain Hills Zoning Ordinance, Section 17.02, designed to appear as a Saguaro cactus, as presented by Lessee and approved by Lessor which approval shall not be unreasonably withheld. The maximum height of each Alternative Tower Structure shall not exceed Twenty-Five(25)feet. Failure by Lessee to use a stealth application on any portion of the Communications Facility for the Lease Term or any Renewal Term shall be considered a material breach of this Agreement. 2 4. Term. This Agreement shall be for a term of five(5)years("Lease Term"). The Agreement shall commence with respect to the Property on the date that the Lessee places its written notice to Lessor in the mailbox, return receipt requested, of its intent to execute its right to lease the Property. Lessee shall have the right to renew the Agreement for three(3) additional five(5)years terms ("Renewal Term"). 5. Rent. (a) Each month during the initial Lease Term Lessee shall pay One Thousand Five Hundred and no/100 Dollars($1,500.00) ("Lease Payment")to Lessor as"Rent". Said Rent shall be payable in advance to Lessor on or before the first day of each calendar month. Each additional Lease Renewal Term shall be paid in an amount equal to the greater of: 1)the amount of monthly Rent payable during the preceding Term of Renewal Term increased by ten(10%) percent; or 2) the amount of monthly Rent payable during the preceding Term of Renewal Term increased by an amount equal to the the change in CPI such preceding Term or Renewal Term. "CPI" means the Consumer Price Index-U.S. City Averages for Urban Wage Earners and Clerical Workers(1982-84 = 100)published by the United States Department of Labor, Bureau of Statistics (or reasonably equivalent index if such index is discontinued). In no event will the amount of Rent due hereunder this Agreement following such adjustment be less than the amount of such Rent during the preceding twelve month period. (b) Lessee shall pay, as additional rent, any transaction privilege tax, use tax or increase in real property taxes assessed against Lessor by virtue of this Agreement and Lessor agrees to furnish proof of such increase to Lessee. 6. Due Diligence. During the Option Period and any option extension, Lessee, its agents, engineers, contractors shall have the right to enter upon Lessor's Property to inspect, examine, sample and conduct all engineering tests or studies of the Premises to apply for and obtain all licenses and permits required for the Lessee's Permitted Use from all applicable governmental or regulatory entities, and other do those things on the Premises that, in the opinion of Lessee, are necessary to determine the physical condition of Premises. Lessor's title to the Premises and the feasibility or suitability of the Premises for Lessee's Permitted Use, all at Lessee's expense. Lessee shall not be liable to Lessor or any third party on account of any pre- existing defect or condition on or with respect to the Premises whether or not such defect or condition is disclosed by Lessee's inspection, although Lessee shall be responsible for any damage, loss or destruction to the Premises as a result of the actions of its employees, representatives or agents during the due diligence activities. 7. Interference. (a) Lessee shall not use the Premises in any way that interferes with the existing use by(i)Lessor or(ii)tenants or licensees or Lessor holding rights to the Premises on the date of this Agreement ("Existing Tenants"). L 3 (b) Lessor warrants to Lessee the use and quiet enjoyment of the Premises. Lessor agrees that it shall not use, nor shall it permit its tenants, Lessees, employees, invitees or agents to use, any portion of the Property in any way which would interfere with the operations of Lessee, provided that continued use by Lessor of Existing Tenants in the same manner as existed at the time of the Lease was executed shall not constitute interference with Lessee's operations. 8. Environmental Matters. (a) Lessee will be solely responsible for and will defend, indemnify and hold Lessor, its agents, employees and elected officials harmless from and against any an all direct claims, costs and liabilities including reasonable attorney's fees and costs, arising out of or in connection with the removal, cleanup, or restoration of the Property caused by Lessee's introduction and/or use of Ha 7ardous Materials(as defined in attached Exhibit D). (b) Lessor will be solely responsible for and will defend, indemnify, and hold Lessee, its agents, employees and elected officials harmless from and against any and all direct claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Lessee. (c) "Hazardous Materials" means asbestos or any hazardous substance, waste or materials as defined in any federal, state, or local environmental or safety law or regulations err including, but not limited to, CERCLA. (d) The obligations of this Section Eight shall survive the expiration or other termination of this Agreement. 9. Insurance and Indemnification. Lessee shall maintain at its expense commercial general liability insurance covering actions by Lessee providing for a limit of not less than $1,000,000 bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death of all persons and for damages to or destruction of property, including the loss of use thereof. Coverage shall include independent contractor's protection, premises operations, products completed operations and contractual liability with respect to the liability assumed by Lessee hereunder. Lessor and Lessee shall look solely to insurance for loss due to any damage which is covered by insurance and neither company's insurance company shall be subrogated to a claim against the other party. In the event Lessee is self-insured, Lessee shall supply Lessor with a certificate of self-insurance which complies with the policy limitations set forth above. Each party shall indemnify and defend the other against loss from their negligent acts and that negligent act of their employees, agents and invitees. 10. Assignment and Subleasing. L 4 (a) Upon Lessor's written consent, which shall not be unreasonably withheld, Lessee may assign this Lease, in part or in whole, including its right to renew, to any person or business entity which is license by the Federal Communications Commission. (b) Lessee may sublet or assign this Lease, or portion thereof, and its other rights hereunder to any person or business entity which is a parent, subsidiary or affiliate of Lessee or to any person or entity that acquires Lessee's radio communications business without Lessor's consent. (c) Upon notification to Lessor of any assignment, Lessee shall be relieved of all performance, liabilities and obligations under this Option and Site License Agreement. (d) Lessee agrees to support the Town of Fountain Hills' interest in having wireless communication providers co-locate their antennas, on either new or existing structures, and will cooperate with third party communication users in accordance with the provisions of this Section 10(d). In the event Lessor elects to permit another communications user the right to use Lessor's Property, Lessor agrees to notify Lessee thirty(30) days prior to the issuance of such authority for the purpose of determining whether the third party communications user will interfere with Lessee's intended use of the Premises. Should Lessee notify Lessor in writing that the third party communications user will interfere with Lessee's operations, then Lessor agrees not to permit the third party communications user the right to use the Premises. Lessee's consent shall not be unreasonably withheld. (e) Lessee may, upon notice to Lessor, mortgage or grant a security interest in this Agreement and Lessee's Communications Facility, and may assign this Lease and Lessee's interests, including their successors or assigns, thereinafter collectively referred to as "Mortgagees" and individually as a"Mortgagee" provided such Mortgagees or their successors and assigns shall be bound by the terms and provisions of this Agreement upon foreclosure or forfeiture of their security interest in this Agreement and the Communications Facility. In such event, Lessor shall execute such consent to leasehold financing as may reasonably be required by Mortagees. Lessor agrees to notify Lessee and Lessee's Mortgagees simultaneously of any default by Lessee and to give Mortgagees the same right to cure any default as Lessee or to remove any property of Lessee or Mortgagee located on the Premises. All such notices to Mortgagee shall be sent to Mortgagee at the address specified by Lessee upon entering into a financing arrangement. Failure by Lessor to give Mortgagee such notice shall not diminish Lessor's rights against Lessee, but shall preserve all rights Mortgagees to cure any default and to remove any property of Lessee or Mortgagee located in the Premises. 11. Waiver of Lessor's Lien. Lessor hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communications Facility or any portion thereof which shall be deemed personal property for the purposes of this Agreement, regardless of whether or not the same is deemed real or personal property under applicable laws, and Lessor gives Lessee and Mortgagee the right to remove all or any portion of the same from time to time, L 5 whether before or after a default under this Agreement, in Lessee's and/or Mortgagee's sole discretion and without Lessor's consent. 12. Termination. This Option and Site Lease Agreement may be terminated as follows: (a) By Lessor if Lessee fails to cure a default for payment of amounts due hereunder within thirty(30) days after Lessee's receipt of written notice or default from Lessor. (b) By the non-defaulting party if the other party defaults (other than a default described in section 12(a) above) and fails to cure such default within sixty(60) days after written notice of such default is received by the defaulting party from the non-defaulting party; provided, however, that if such default is capable of being cure, the Lease may not be terminated so long as the defaulting party commences appropriate curative action within such sixty(60) day period and thereafter diligently prosecutes such cure to completion as promptly as possible. (c) By Lessee upon sixty(60) days prior written notice for any reason. 13. Successors and Assigns. This Agreement shall run with the Property and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. thw 14. Representations and Warranties. Each party covenants and warrants to the other that: (i) it has the full right, power and authority to execute this Option and Site Lease Agreement and has the power to grant all rights hereunder; (ii) its execution and performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease or other agreements binding on said party, and (iii)the execution and delivery of this Agreement, and the performance of its obligations hereunder, have been duly authorized by all necessary personnel or corporate officers and do not violate any provisions of law or the party's certificate of incorporation or bylaws or any other arrangement, provision of law or court order of decree. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered, or mailed by certified mail, return receipt requested, to the following addresses: If to Lessor: If to Lessee: Town of Fountain Hills Sprint Spectrum L.P. Attn: Town Manager Attn: MTA Director 16836 East Palisades 4683 Chabot Drive, Suite100 L 6 Building"C" Pleasanton, California 94588 Fountain Hills, Arizona 8526 Phone: (602) 816-5108 Phone: (925) 468-7800 Fax: (602) 837-3145 Fax: (925)468-7839 With a copy to: Sprint Spectrum L.P. Attn: Legal Department 4900 Main, 12th Floor Kansas City, MO 64112 Phone: (816) 559-2512 Fax: (816) 559-2281 16. Miscellaneous. (a) This Option and Site Lease Agreement shall constitute the entire agreement and understanding of the parties with respect to the property that is the subject matter thereof and supersedes all offers, negotiations and other agreements with respect thereto. There are no representations or understandings of any kind not set forth herein. Any amendment to his Agreement must be in writing and executed by both parties. (b) Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the State of Arizona. There shall be no discovery other than the exchange of information which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages and shall not have authority to award punitive damages or other noncompensatory damages; the parties hereby waive all rights to and claims for monetary awards other than compensatory damages. The arbitrator shall have authority to award the substantially prevailing party its reasonable attorney's fees and costs, including appeals, if any. Notwithstanding the above, either party shall have the right to pursue provisional remedies in the event of default by the other party under this Agreement. (c) Either party thereto that is represented in this transaction by a broker, agent or commission salesperson(a"Representative") shall be fully and exclusively responsible for the payment of any fee, commission or other compensation owing to such Representative, and shall indemnify and hold the other party harmless from and against any claim to fee, commission or other compensation asserted by such Representative, including reasonable attorney's fees and costs incurred in defending such claim. (d) If any term of this Agreement is found to be void or invalid, such invalidity shall not effect the remaining terms of this Agreement, which shall continue in full force and L 7 effect. (e) By executing this Agreement, the parties are not establishing any joint undertaking,joint venture or partnership. Each party shall be deemed an independent contractor and shall act solely for its own account. (f) Lessee agrees within sixty(60) days after the expiration or termination of this Agreement, to remove all Lessee's property and to restore the Premises to its original condition to a depth of one foot excepting normal wear and tear. (g) Pursuant to the provisions of A.R.S. 38-511, the Lessor may cancel any contract or agreement without penalty or obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the Lessor is at any time while the contract or any extension thereof is in effect the employee of any other party to the contract in any capacity or an Architect to any other party to the contract with respect to the subject matter of the contract. (h) This Agreement shall be governed and interpreted according to the laws of the State of Arizona. (i) The parties understand and acknowledge that all Exhibits may be attached to this Lease in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, these preliminary exhibits may be replaced by Lessee with such final more complete exhibits, subject to the approval of the Community Development Director of the Town of Fountain Hills. (j) Owner shall execute and deliver to Lessee a recordable memorandum of this Lease in the form of the attached Exhibit E. LESSOR: LESSEE: TOWN OF FOUNTAIyI&LS SPRINT SPECTRUM L.P. By: By: C j Lawrence Doherty Its: , ; Its: Regional Director Site Development Western Rgion ATTEST: Cassie B. Hansen, Town Clerk 8 APPROVED AS TO., Bill arrell, Town Attorney 9 EXHIBT A Legal Description A PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 29. TOWNSIP 3 NORTH. RANGE 0 EAST OF THE GILA k SALT RIVER MERIDIAN. MARICOPA COUNTY. ARIZONA, DISCRIBED AS FOLLOWS; COMMENCING FROM A FOUND BRASS CAP AT THE INTERSECTION OF SHEA BOULEVARD AND EAGLE MOUNTAIN PARKWAY, THENCE ALONG THE CENTERUNE OF EAGLE MOUNTAIN PARKWAY, A BEARING OF SOUTH 1 1'14'53" EAST, 143.98 FEET; THENCE SOUTH 09'54'07' WEST. 119.07 FEET TO THE POINT OF BEGINNING ANO A POINT HEREINAFTER REFERRED TO AS POINT 'A'; THENCE NORTH 90100'00" WEST, 20.00 FEET: THENCE NORTH 00'00'00' WEST. 20.00 FEET: THENCE NORTH 90'00'00" EAST, 20.00 FEET: THENCE SOUTH OO'00'00' WEST, 20.00 FEET TO THE POINT OF BEGINNING. CONTAINT1NG 400 SQUARE FEET OF LAND, MORE OR LESS. 1/11LITY EASEMENT: COMMENCING FROM SAID POINT 'A'; THENCE SOUTH 40'39'08' EAST, 25.34 FEET; THENCE SOUTH 10'51'1 e' EAST. 52.53 FEET; THENCE NORTH 4734'29" EAST, 24.00 FEET TO A PROPOSED ELECTRIC METER; THENCE NORTH 80'59'57" WEST. 132.24 FEET TO AN ELECTRIC MAN HOLE; THENCE SOUTH 04'23'40' EAST. 40.59 FEET TO A TELEPHONE POLE. L EXHIBIT B Premises Location Within the Property L 0 �.h`mot-'K_. 7. (E) TREES TO REMAIN Wpm L A Z. 7 $ 1 1 ilPROPOSED 25-0 HIGH CACTUS m 11 HI ft, W/ I ANTENNA PER SECTOR, 1, III I III ! SECTOR TOTAL CONCEALED INSIDE I ,IIII III I, \ o Ii, I , I I PROPOSED 20-0'HIGH I I III Ili III REAL CACTUS III II IIII1 I I I I I PROPOSED 5.-0'WIDE III ' UNDERGROUND COAXIAL I I l 1 1 CABLE EASEMENT PROPOSED 25-0-HIGH CACTUS I III I 1 III IIl W/ I ANTENNA PER SECTOR. 2 SECTORS TOTAL CONCEALED INSIDE Ir IIII III 1II I II PROPOSED METER I IIIII I I I I I I,I 11 , I I I I I PROPOSED GENERATOR PLUG / .ii//iii i 7i/i/ii/—T PROPOSED PPC CABINET11, �x PROPOSED GPO ANTENNA • [ii11 LrU_-711f/// / 1I P SPRINT PCS EQUIPMENT _ p C. 1 / m f' .�w'-.I�/y/� PROPOSED SERVICE UGHTS (3 TOTAL) - a -�7 / - C ®® " / �"® . 14.-j r P E.o ;. ,.4`�' 1 Nu Ip PROPOSED CONCRETE SLAB - - m PROPOSED 7'-0'CUE WALL - 1 I-I\ WITH CHNN UNK ROOF • /I,1 _ _ v� l 1 liI�, PROPOSED LIGHT SWITCH . \ \ \ S PROPOSED (2) 4-0'GATES 5'-0'ACCESS EASEMENT Imo' \ PROPOSED 5'-0'UNDERGROUND PROPOSED STABILIZED GRANITE \ ..�—uTllftt EASEMENT FOR EASEMENT IS TO BLEND W/ r CONTINUATION SEE T/At EXISTING LANDSCAPING SEE 1/AI FOR CONTINUATION ` 20-0".LEASE AREA BOUNDARY \ \ 10 L EXHIBIT C Site Plan To the Option and Site Lease Agreement dated , 2000, between the Town of Fountain Hills, an Arizona municipal corporation as Lessor and Sprint Spectrum L.P., a Delaware limited partnership as Lessee: Site Plan and Equipment SHEA BLVD. (EAST BOUND) O of (E) CMU WALL r OO r (E) TREES TO REMAIN TYP, LN I ,...-- o*� PROPOSED 20.-0' HIGH REAL CACTUS 4 407, • i I.... PROPOSED PANEL ANTENNAS, I PER SECTOR .illiI ' Ll� 3 SECTORS TOTAL AT 22-0 RAD CENTER MOUNTED INSIDE CACTI SEE 1/A2 FOR DETAILS , ..I"1I„i.,l:l,_ PROPOSED 5'-0' WIDE UNDERGROUND COAXIAL CABLE EASEMENT TO ANTENNA LOCATION Q 6 0 a,Wz ICI N; o ICl // PROPOSED SPRINT PCS LEASE AREA . SEE 1 �%./A2 FOR DETAILS /,{ " j PROPOSED EQUIPMENT CABINETS MOUNTED 1 / — j I.- /ON CONCRETE SLAB AT GRADE %!d _ J i PROPOSED 7-0' HIGH CMU WALL / Y WITH CHAIN UNK ROOF �PROPOSED (2) 4'-0' WIDE ACCESS GATES j /jy, Z 20'-0 _ _ _ _LEASE AREA �%i *% 45=0" Q BOUNDARY %'// /! z PROPOSED 5'-0' WIDE UNDERGROUND UTIUTY EASEMENT ( O 0 Q W (E) ELECTRIC BOX /� PROPOSED ELECTRIC BOX ( �✓//f�/r% �-j(r,/ j 7/r r/i/.%%i'//�i////////,'/ iij /A, PROPOSED 5'-0' ACCESS EASEMENT WITH STABILIZED GRANITE EASEMENT IS TO BLEND IN WI EXISTING / ' LANDSCAPING EXHIBIT D Environmental Laws To the Option and Site Lease Agreement dated , 2000, between the Town of Fountain Hills, an Arizona municipal corporation as Lessor and Sprint Spectrum, L.P., a Delaware limited partnership as Lessee. As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances,judicial or administrative decrees, orders, decisions, authorizations or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et seq., the Clean Air Act, 42 U.S.C. §§7401, et seq., the Federal Water Pollution Control Act, 33 U.S.C. §§1251, et seq., the Emergency Planning and Community Right to Know Act, 42 U.S.C. §§1101, et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq., the Toxic Substances Control Act, 15 U.S.C. §§2601, et seq., the Oil Pollution Control Act, 33 U.S.C. §§2701, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. §§1801, et seq., the Safe Drinking Water Act, 42 U.S.C. 3001, et seq., and state laws, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and all regulations pertaining thereto. As used in this Lease, "Hazardous Substance" means any hazardous substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local governmental authority; any oil; petroleum products and their by-products. 12 EXHIBIT E Memorandum of Lease After recording, please return to: Michael E. Tiffany, Esq. Tiffany&Bosco, P.A. 1850 N. Central Avenue, 5k'Floor Phoenix, AZ 85004 Memorandum and Confirmation of Option and Site Lease Agreement Between the Town of Fountain Hills, an Arizona municipal corporation ("Lessor") and Sprint Spectrum L.P., a Delaware limited partnership ("Lessee") This is a Memorandum and Confirmation of Option and Site Lease Agreement ("Lease")by and between the Town of Fountain Hills, an Arizona municipal corporation("Lessor")whose mailing address is 16836 East Palisades, PO Box 17958, Fountain Hills, Arizona 85269 and Sprint Spectrum L.P., a Delaware limited partnership ("Lessee")whose address is 4683 Chabot Drive, Suite 100, Attn: MTA Director, Pleasanton, California 94588. Date of Lease: , 2000 Description of Demised Premises: See Exhibit A attached hereto. Term of Option: Eighteen (18)months after date of Lease, with up to one additional six(6) month renewal ("Option Period"). Initial Term: Five (5)years commencing on the date (the"Commencement Date")to be set forth in the Notice to Exercise Option, such notice to be placed of record not later than six (6) months after expiration of the Option Period, if such option is exercised. Renewal Terms: Three(3) five-year periods after the expiration of the initial term of the Lease. The purpose of this Memorandum and Confirmation of Lease is to give record notice of the Lease and of the rights created thereby, all of which are hereby confirmed and incorporated herein. NOW, THEREFORE, Lessor, in connection of the rents and convenants provided for in the Lease to be paid and performed by Lessee, does hereby grant the aforesaid option and, If such option is exercised, does hereby demise, convey, grant and let unto Lessee the Demised Premises 13 upon the terms and subject to the conditions set forth in the Lease, a copy of which is being held by Lessor at its address as stated above. EXECUTED as of the date, or later of the dates, set forth in the respective acknowledgements of the parties hereto. LESSOR: LESSEE: TOWN OF FOUNTAIN HILLS SPRINT SPECTRUM L.P. I i r' Mayor G Its: ATTEST: C1.44-4.Al\IJ Town Clerk L APPROVE AS TO F RM: Town Attorney 14 Chron 143 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Ca 'elari , Civil Engineer6" REVIEWED: Thom.s L. ar,•, Interim Town En ' ;\ THROUGH: Paul L. ofotO n Manager DATE: July 21, 2 RE: Easement Abandonment 00-25; Resolution 2000-39 17316 E. Zaharias Drive Plat 401-A, Block 7, Lot 2 Dennis& Mamie Wright This item on the Town Council's agenda is a proposal to abandon the twenty(20)foot public utility and drainage easements located at the northerly property line of Lot 2, Block 7, Plat 401-A, (17316 E. Zaharias Dr.) as shown in Exhibit "A". The property owners of Lot 2 desire 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. However, accessibility to Emerald Wash (for emergency and routine maintenance is necessary and required) along the north side and adjacent to lots 1 and 3, as shown in Exhibit "A". Access to Emerald Wash will be accomplished by retaining the 20' P.U.E. and D. E. of lots 1 and 3 with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 2 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 the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2000-39. cc: M/M Wright M/M Janson Illiw M/M Meli G:\Easement Memo\EA00-25,Plat 401-A,Blk 7,Lot 2(17316 E.Zaharias Dr.)Wright When recorded, return to: LEngineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-39 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 2, BLOCK 7, OF PLAT 401-A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 11, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain twenty (20) foot public utility and drainage easements, located along the northerly property lot line of Lot 2, as shown in Exhibit A; of Plat 401-A, Block 7, Lot 2, Fountain Hills, Arizona; as recorded in book 155 of maps, page 11 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 2 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. L. Resolution 2000-39 'ASS FAIL Page 1 of 2 I- �,�� ION SECOND COUNT 77° PASSED AND ADOPTED this 3rd day of August 2000. ATTEST: FOR THE TOWN OF FOU TAIN HILLS CiV1/14 ,6)J4A,va, Zeiti/ Cassie B. Hansen, Town Clerk aron Morgan, Ma " r REVI ED : APPROVED AS TO FORM: //(((' /(fl(g/AI: P ul L. rdin, Town Manager William E. Farrell, Town Attorney L Resolution 2000-39 Page 2 of 2 e, ti • -P...„,,,- ,0, 33 �'� � 6"0 ,��TG o �7. 0 ' �^ 1.i� 7 ���� �'� �O io! �`: '�E 20,, ,\ J/�1 • b.,,%,,, ,,a 0 0 �� �`r „,\ N ,%. v,, 4-5,,„•,---f— .% (of •,,. , r\ H c \ZIA � s �� 2, yq %o�d \� ¢P 6 ,10 o p - 3,5e,90?-: -•-4.-• - c:, 0 n ' AO''' ' ' ` %3- c., v. • E' ♦ 'D P PO 1Y O N / - l y G - If i ON V rp5- ,I:\ ,. i\ -------.6 ‘..7. ,4 I.., .:::7..,: ,.>_:`.7.cz:5,..:",)))k. ,... to' N• e,.. ,, 0 , t,i ,, \ ,., k,iv. 0, 2 34"--P .rs,' i,")) -,`':_,--.-. o u —74 .-- o Po ��, 4 tia o ,1 �\ 3y�.. Jam` DR �P 0 P P c� /kJ) •\ il ' %. -:"-c--?,:7 •tl-v blii DI •• f0 b mo 0 4B� \, o - o pply- 4-'4'7 c,j),y64 iti �� goy . •ijo:5 ,ho ; 0iee o. ,�" 1 ��30� 8 ` 3 401 / moo. oA 1 // r _SLAT 4O/•A, B•N 7, 4,7. 2 L -,,, ° (U • Oo 301./ . ,, jJ' / Y ,: ,.,. , ..., „ i. Chron 158 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Jim Leubner, Senior Civil Engineer REVIEWED: Thomas Ward, terim Town Engineer�f THROUGH: Paul L. Nbr.' , n Manager I � DATE: July 24, 2'$41 RE: Easement Abando ent 01-24; Resolution 2000- 40 Town Center Ill Plat 208, Blocks 1, 2, 7, &8 This item on the Town Council's agenda is a proposal to abandon all of the existing public utility easements which include easements for public utilities, sewage, and drainage easements located within the property lines of Blocks 1, 2, 7, & 8, Plat 208, (Town Center III) as shown in Exhibit "A". The property owners(MCO Properties and the Town of Fountain Hills) desires the assurance that with these easements abandoned, the future development of these lots including the Town Civic Center Complex, Linear Plaza Park, and MCO's Development will not be infringed upon by unnecessary and inactive easements. Also, the Engineering Department has reviewed the site to ascertain if any drainage issues are affected by this abandonment. It is the professional opinion of the Engineering Department that there is no need for the Town or MCO to retain any 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 all lots are required to pass the developed flows generated by the upstream lots across their property. The future final Plat of Town Center III will include those easements required for the development. 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- 40 cc: Jeff Valder L G:\Easement Memo\EA00-24,Plat 208,Blks 1,2,7,&8 Town Center III When recorded, return to: engineering Department own of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2000-40 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR INTEREST IT HAS IN ALL CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS WITHIN THE LOT LINES OF BLOCKS 1, 2, 7, &8, OF PLAT 208, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 144 OF MAPS, PAGE 4, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain public utility and drainage easements, located within the property lot lines of Plat 208, Blocks 1, 2, 7, & 8, Fountain Hills, as shown in Exhibit A; as recorded in book 144 of maps, page 4 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 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 2000-40 SASS FAIL S-3—O O Page 1 of 2 Mu�ION 1 h(-- SECOND r' (A ri PASSED AND ADOPTED this 3`d day of August 2000. (160 ATTEST: FOR THE OWN OF FOU AIN HILLS 6taiLA 5111A, Cassie B. Hansen, Town Clerk Sharon Morgan, May E IEW BY• APPROVED AS TO FORM: 2/ 7//060,y Slcx,440 L. ordin, Town Manager Wi liam E. Farrell, Town Attorney thiv Resolution 2000-40 Page 2 of 2 !thin a __'_., rfl i i . � �s 1 ..�.. i pC a hull • W i i •,LigYiikiw co i!: 0 ,! W I4,10 g I • �l V •111 < , ,..t y _ k fill f D _ Z r(r I 0 r r— : I p O W I. id • J W \ +--,- Z 1. a � a ao� / / / "o i Z < I- 84 / / / 1 +*'``k .+ ► _ / / , /i 17 I yr J/ �r I 1 J Y ,�+� / r z W = / /7//P `,..,i{' •z•, f�' i , , i' i i t,,'a 1 0 Q / l i ,' , ,' it i.. )' ' y i _ ~ W /.l, �i' 4� f� �`r .�'/rye '' '7 I y „ �' ' I (kw // i y ,•.( r �+./ ' / '' ,r' f ( ,t ( 12'•,•l _ .#, , �. � / , . � / fir, ., i , 1 sr" At, i`1,p�'" '+/.'r 4 ,' I' ,j'22' P.M• )iiivii... -, 1 f/ / l/ lam' T I. %•.T ya "4.'11 'f/I / / /;/ ? ''`` :.: tr ,// i �` mow; �4 it I Niko,..0.-..k, .l'iljp*....-4.... f i ,iii„„siii;:**-4 (.1 4111'4ft It / / , �r / �' ' ;' /-.*.-. &' :-'ir, .3,' . �. ' ' ' /// / / / i/ , �� ]i� ;/ / is Ili II II 1\�/✓'.� ; 'rye ,1 /........ _f J y, ......... / / / ,fi p I I ''''labl...,)../... ..............r.zzizs T. A -44,111. 4,, '''' .'..1 hf i I I /./ Chron 159 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorabl ayor and Council FROM: To ard, erim Town E THROUGH: Pau \No n Manager DATE: July 2 RE: Concrete Repair and Construction Annual Contract ENG 2000-04 Bid Award Bids were opened for the Concrete Repair and Construction Annual Contract on Thursday July 20. Two bids were received as shown on the attached bid tabulation sheet. The low bidder was Markham Contracting with a bid of$159,711. (aw Staff recommends that the bid be awarded to Markham Contracting in the amount of $159,711. TLW:bb att. L Concrete Contract Bid Award.doc Bid Tabulation Concrete Repair and Construction ENG 2000-04 (kw Markham Contr. Carume Contr. Bid Description Unit Quantity Unit Price Amount Unit Price Amount 1 Remove Concrete Curb LF 2000 $ 8.95 $ 17,900.00 $ 10.10 $ 20,200.00 2 Remove Concrete Slab SF 1000 $ 4.00 $ 4,000.00 $ 2.30 $ 2,300.00 3 Wedge Curb Replacement FH-225) LF 2000 $ 10.25 $ 20,500.00 $ 11.60 $ 23,200.00 Vertical Curb and Gutter 4 MAG 220,Type A LF 1000 $ 10.00 $ 10,000.00 $ 11.50 $ 11,500.00 Ribbon Curb 5 MAG 220,Type B LF 100 $ 9.00 $ 900.00 $ 10.30 $ 1,030.00 Roll Curb and Gutter 6 MAG 220,Type C or D LF 100 $ 9.44 $ 944.00 $ 10.30 $ 1,030.00 Single Curb MAG 222,Type A,or Vertical 7 Slip Curb Replacement,FH-225 LF 100 $ 10.55 $ 1,055.00 $ 10.30 $ 1,030.00 8 Sidewalk,MAG 230 Small Area(Less than 200 SF) SF 1000 $ 3.50 $ 3,500.00 $ 3.75 $ 3,750.00 Large Area(Over 200 SF) SF 15000 $ 2.22 $ 33,300.00 $ 2.75 $ 41,250.00 9 Valley Gutter,MAG 240 SF 500 $ 5.78 $ 2,890.00 $ 5.00 $ 2,500.00 Driveway or Alley Entrance MAG 250,251,260,261,262,263 or FH- 10 255 (5"thick) SF 1000 $ 4.00 $ 4,000.00 $ 4.25 $ 4,250.00 11 Concrete Driveway(5"thick) SF 1000 $ 3.35 $ 3,350.00 $ 3.25 $ 3,250.00 12 Concrete Footer Curb FH-553 LF 100 $ 31.00 $ 3,100.00 $ 27.00 $ 2,700.00 Catch Basin,Type D MAG 533-1 Sump Section EA 2 $1,388.50 $ 2,777.00 $1,500.00 $ 3,000.00 Wing Section LF 40 $ 138.85 $ 5,554.00 $ 130.00 $ 5,200.00 14 Catch Basin,Grated,COP P-1570,Type N Single Grate EA 2 $1,555.00 $ 3,110.00 $1,500.00 $ 3,000.00 Additional Grate EA 6 $ 944.25 $ 5,665.50 $ 925.00 $ 5,550.00 Concrete Scupper,MAG 206-1, 15 (4 Foot Opening) EA 5 $1,333.00 $ 6,665.00 $ 750.00 $ 3,750.00 16 Horizontal Curb Cut LF 200 $ 13.35 $ 2,670.00 $ 14.00 $ 2,800.00 17 Headwall,MAG 501-4 18"CMP EA 4 $ 889.00 $ 3,556.00 $1,500.00 $ 6,000.00 24"CMP EA 4 $1,000.00 $ 4,000.00 $1,800.00 $ 7,200.00 30"CMP EA 3 $1,111.00 $ 3,333.00 $2,100.00 $ 6,300.00 36"CMP EA 3 $1,388.50 $ 4,165.50 $2,400.00 $ 7,200.00 42"CMP EA 2 $1,722.00 $ 3,444.00 $2,700.00 $ 5,400.00 48"CMP EA 2 $1,945.00 $ 3,890.00 $3,000.00 $ 6,000.00 60"CMP EA 2 $2,721.00 $ 5,442.00 $3,600.00 $ 7,200.00 Total $ 159,711.00 $ 186,590.00 L Bid Tabulation--Annual Contracts.xls 7/20/00 July 27, 2000 Interofice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: JUDY HERTRICH, ADMINISTRATIVE ASSISTANT Date: 07/27/00 Re: RECOGNITION OF ADOPT-A-STREET PARTICIPANTS Following is the list of Town of Fountain Hills residents who have participated in the Adopt- A-Street (residential) program since its inception in 1996. These 24 individuals (or families) have been notified that the committee wishes to award them a certificate of appreciation and have been invited to attend the Town Council meeting on August 3rd to accept their award from Mayor Morgan. The Adler Family Patricia Lautenbach Rita and David Beracy Jane and Ron Lemon John Bercel Jackie and Jerry Miles The Courtney Brown Family Yvonne and Roy Newhard JoAnn Cegon Juanita and Charles Newman Jean and Dan Foster Fred Powrie Julie and Rino Ghetti T. C Roche Jon Griffin Ann and Earl Stavely Susan and Pat Harvey Susan Stutheit Sandie and Bob Howes Cynthia Wharton Ann and Wally Hudson Kathy and Steve White Francine and Howard LaGraffe Ted Williams (lay Page 1 of 1 Judy Hertrich Last printed7/26/00 5:28 PM RESOLUTION NO.2000-41 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ADOPTING THE TENTATIVE BUDGET AS THE 2000-2001 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona Revised Statutes (A.R.S.), the Town Council of the Town of Fountain Hills did, on July 6, 2000, make an estimate of the different amounts required to meet the public expenditures and expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of$707,600; and _ WHEREAS, in accordance with said chapter of said title, and following due public notice, the Council met on August 3, 2000, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures and expenses or tax levies; and WHEREAS, it appears that publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on August 3, 2000, at the meeting place of the Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates; and WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate exceed that amount as computed in A.R.S. §42-17051(A); NOW, THEREFORE, BE IT RESOLVED, that the said estimates of revenues, expenditures and expenses shown on the accompanying schedules as now increased, reduced or changed by and the same are hereby adopted as the budget of the Town of Fountain Hills for the fiscal year 2000-2001. PASSED AND ADOPTED this 3rd day of August, 2000, by t Mayor and o n Council of Fountain Hills. Gel/ a A1'FEST: - haron Morgan,Mayor Cassie B. Hansen,Director of Administration/Town Clerk RE ' � B p ///; (---------______ ul L.N di ,Town Manager APP S TO FO i iam E.Farrell,Town Attorney RESOLUTION NO.2000-41 cor A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ADOPTING THE TENTATIVE BUDGET AS THE 2000-2001 FISCAL YEAR . BUDGET FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona Revised Statutes (A.R.S.),the Town Council of the Town of Fountain Hills did, on July 6, 2000, make an estimate of the different amounts required to meet the public expenditures and expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of$707,600; and _ WHEREAS, in accordance with said chapter of said title, and following due public notice, the Council met on August 3, 2000, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures and expenses or tax levies; and WHEREAS, it appears that publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on August 3, 2000, at the meeting place of the Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates; and WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate exceed that amount as computed in A.R.S. §42-17051(A); NOW, THEREFORE, BE IT RESOLVED, that the said estimates of revenues, expenditures and expenses shown on the accompanying schedules as now increased, reduced or changed by and the same are hereby adopted as the budget of the Town of Fountain Hills for the fiscal year 2000-2001. PASSED AND ADOPTED this 3rd day of August, 2000, by the Mayor and own Council of Fountain Hills. A- Al'1EST: Sharon Morgan,Mayor („4.444:4_, )2tAitia........, Cassie B. Hansen,Director of Administration/Town Clerk RE �' : I BY: ; Zc...„__________ // ' . 1 . o ' ,To n Manager APP O AS TO FORM- L .ra WI liam E. Farrell,Town Attorney Chron 162 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Council FROM: Tom Ward, Interim jhijØf9r THROUGH: Paul Nordin,Town Manager DATE: July 26, 2000 RE: Asphalt Repair and Construction Annual Contract ENG 2000-02 Bid Award Bids were opened for the Asphalt Repair and Construction Annual Contract on Thursday July 20. Two bids were received as shown on the attached bid tabulation sheet. Staff recommends that the bid be awarded to Markham Contracting as the lowest responsible bidder subject to an opinion from the Town Attorney. TLW:bb att. L Asphalt Contract Bid Award.doc Bid Tabulation Asphalt Repair and Construction ENG 2000-02 Markham Contr. Carume Contr. Qty.Per Unit Unit Description Location Qty. Price Amount Price Amount 1 Remove Asphalt(2"thick) Up to 50 SY 200 SY $ 17.02 $ 3,404.00 $ 11.25 $ 2,250.00 2 50-500 SY 500 SY $ 6.43 $ 3,215.00 $ 7.75 $ 3,875.00 3 Over 500 SY 2000 SY $ 2.49 $ 4,980.00 $ 2.75 $ 5,500.00 4 Remove subgrade/base(6"thick) Up to 50 SY 200 SY $ 12.34 $ 2,468.00 $ 7.00 $ 1,400.00 5 50-500 SY 500 SY $ 5.96 $ 2,980.00 $ 4.85 $ 2,425.00 6 Over 500 SY 2000 SY $ 2.75 $ 5,500.00 $ 2.35 $ 4,700.00 7 Aggregate base(6"thick) Up to 50 SY 200 SY $ 13.77 $ 2,754.00 $ 13.00 $ 2,600.00 8 50-500 SY 500 SY $ 6.25 $ 3,125.00 $ 7.20 $ 3,600.00 9 Over 500 SY 2000 SY $ 4.61 $ 9,220.00 $ 4.35 $ 8,700.00 Asphaltic Concrete(D-1/2/12.5 mm)(2"thick)(1000 SY 10 minimum) Up to 50 SY 200 SY $ 11.25 $ 2,250.00 $ 16.75 $ 3,350.00 11 50-500 SY 500 SY $ 12.05 $ 6,025.00 $ 15.00 $ 7,500.00 12 Over 500 SY 2000 SY $ 4.38 $ 8,760.00 $ 5.00 $ 10,000.00 13 Cold Milling(3000 SY minimum) 5000 SY $ 2.65 $ 13,250.00 $ 1.50 $ 7,500.00 14 Paving Fabric(500 SY minimum) 2000 SY $ 3.20 $ 6,400.00 $ 1.50 $ 3,000.00 2"Rubberized Asphalt Overlay (including tack coat)(3000 SY 15 min) 10000 SY $ 6.13 $ 61,300.00 $ 8.75 $ 87,500.00 16 Ajust Mahole to Grade(min.of 6) 50 EA $ 329.25 $ 16,462.50 $ 3.25 $ 162.50 Replace Valve Box(Type C) ,IA (min.of 10) 200 EA $256.00 $ 51,200.00 $200.00 $ 40,000.00 Adjust Valve Box(Type Cl) 17B (min.of 10) 100 EA $256.00 $ 25,600.00 $ 175.00 $ 17,500.00 18 Self-propelled Sweeper 80 HR $ 84.50 $ 6,760.00 $ 90.00 $ 7,200.00 19 18"CMP 200 LF $ 50.00 $ 10,000.00 $ 40.50 $ 8,100.00 * 20 24"CMP 300 LF $ 54.95 $ 16,485.00 $ 55.00 $ 16,500.00 21 30"CMP 300 LF $ 58.90 $ 17,670.00 $ 65.00 $ 19,500.00 22 36"CMP 300 LF $ 63.88 $ 19,164.00 $ 75.00 $ 22,500.00 23 42"CMP 150 LF $ 85.55 $ 12,832.50 $ 85.00 $ 12,750.00 24 48"CMP 150 LF $ 92.75 $ 13,912.50 $ 95.00 $ 14,250.00 25 60"CMP 100 LF $ 141.73 $ 14,173.00 $ 115.00 $ 11,500.00 26 Reconstruct Guardrail 200 LF $ 27.70 $ 5,540.00 $ 30.00 $ 6,000.00 27 Reconstruct Guardrail Post 30 EA $ 50.95 $ 1,528.50 $ 70.00 $ 2,100.00 28 Misc.Grading 100 HR $210.43 $ 21,043.00 $ 185.00 $ 18,500.00 29 Speed Hump 100 LF $ 36.11 $ 3,611.00 $ 35.00 $ 3,500.00 30 Chevron Marking 50 EA $ 55.40 $ 2,770.00 $ 150.00 $ 7,500.00 31 Speed Hump Signage 50 EA $221.61 $ 11,080.50 $ 150.00 $ 7,500.00 32 Bollards(MAG Det. 140) 10 EA $335.00 $ 3,350.00 $ 175.00 $ 1,750.00 Survey Monuments(MAG Det. 33 120-2,Type B (Min.6 ea) 100 EA $ 77.56 $ 7,756.00 $ 175.00 $ 17,500.00 Totals $ 396,569.50 $ 388,212.50 Note: Item#19-calculation error by Carume. Bid showed$10,000,should be$8100. Bid Tabulation--Annual Contracts.xls 7/26/00 Jul -28-00 J4: 22P P. ol Law Offices or William E. Farrell, P.L.L.C. 1 c1(4801 661-6044 William Is.Farrcll Suite 220 Fax(4811)((,I.7454 10135 F.Via Linda Scnttcdalc.AZ 8525R-5312 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk Town Engineer FROM: William E. Farrell Town Attorney DATE: July 28, 2000 RE: Annual Asphalt Repair and Construction Bid item 16 is consideration of awarding the bid for the annual asphalt repair and construction contract to Markham Contracting as the lowest responsible bidder. The bid recap sheet submitted to you indicates that a numerical comparison of the two bids shows Carume at $388,212.50 and Markham at $396,569.50. We have also received from Markham a bid protest on Thursday, July 27, 2000. That bid protest letter should also be in your materials. My initial inclination is to reject Markham's bid protest on the basis that the issue they raised concerning Item 16, adjust manhole to grade, is not an irregular proposal. The mathematics arc perfectly correct. i am, however, inclined to indicate to you that 1 feel that Markham is the lowest responsible bidder and that opinion is based on responsibility rather than the total amount of the bid. As you arc aware, we award these contracts as annual contracts; however, they contain the provision that both parties can mutually agree to extend them for up to three years under the existing terms and conditions. Markham has successfully performed public works contracts of this size and nature for the Town in the past. Curume has done work in conjunction with the Town on public works contracts and participation contracts. Jul -28-00 04 : 22P P. 02 Memorandum Re: Annual Construction and Asphalt Bid July 28, 2000 Page 2 It is my opinion that the heart of the Markham protest is probably correct in that Curume's bid contains an error in unit price estimate that would be difficult, if not impossible, to fail to recognize. Although Carume has the ability to perform those services for S3.25 rather than the $325 that is more likely the amount that they were intending to bid; I do not feel that the error and the result were intended by Carume. Based, therefore, on what appears to be a substantial error and the fact that Markham has successfully performed prior public works contracts, it is my first opinion that Council should consider awarding the contract to Markham in the amount of$396,569.50 as the lowest responsible bidder. Should the Council feel uncomfortable with that award, the second recommendation of staff would be to reject all bids and to re-advertise. This is a right reserved, both in the proposed form of contract and in the Town Codc. Mr. Tom Ward and 1 will be more than happy to answer any questions you may have regarding this item. Respectfully submitted, William . Farrell Town Attorney WEF:pf L 7:\W PI)ATA\f}{1MnyorC.uncil rcnnnual nrn.r and rixph Fid.uicm..pd (623)869-9100 1111) kaa:' FAX : (623)869-9400 TING CO.INC. 22820 North 19th Avenue I _ Phoenix,Arizona 85027-1312 1111111mL July 27,2000 Town of Fountain Hills 16836 East Palisades Blvd. Fountain Hills,Arizona 85268 Attn: Mr.Tom Ward,Interim Town Engineer VIA Fax: (480)837-3145 Re: Asphalt Repair&Construction—ENG 2000-02 and Hand Delivered Gentlemen: Markham Contracting Co.,Inc.is protesting Carume Contracting,Asphalt Repair&Construction's bid proposal submitted to the Town of Fountain Hills on July 20,2000. Markham Contracting requests the Town disqualify Carume Contracting for unbalancing their bid. Asphalt Repair line item in question: 16. Adjust Manhole to grade (Min.of 6) 50 EA $ 3.25 =$ 162.50 It appears that Carume Contracting inadvertently placed the decimal in the wrong place.Their bid should have been as follows: 16. Adjust Manhole to grade (Min.of 6) 50 EA $325.00 =$16,250.00 If Carume had not unbalanced their bid or made a mathematical error,Markham Contracting would have been the low bid. Carume: Total Contract Amount $390,112.50 Item 16 Bid(credit) < 162.50> Item 16 Adjustment $ 16,250.00 Total Contract Amount $406,200.00 Markham Contracting: Total Contract Amount $396,569.50 Since this bid is an annual contract and the bid quantities are subjective,it is not inconceivable for the Town to require 100,300,or even 500 manhole adjustments in one year. The Town needs to take into consideration that the industry — norm for manhole adjustments varies from municipality to municipality. The standard pricing can range from$275.00 to $350.00 EA depending on whether existing asphalt and/or concrete is being removed or adjustments are for new installation. ADOT acknowledges unit price bids and states per their Standard Specification Section 102.10 Irregular Proposals(A), that if the bid is mathematically unbalanced,the bid will be rejected thus keeping the unit price integrity in tact. We trust the Town will take serious consideration of this protest and re-evaluate the lowest responsible bidder. Since el , Micah I.Aronson Project Estimator vey~ MEMBER ta) ARIZONA LICENSE#072454 A,#046809 B-44 NEVADA LICENSE#29436 A•NEW MEXICO LICENSE#50156,#GA98,GS08 rroEwa (kw ORDINANCE 00-12 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA. RELATING TO THE PRIVILEGE LICENSE TAX; AMENDING THE TOWN CODE BY INCREASING THE RATE OF TAXATION FROM ONE AND TWO-TENTHS PERCENT (1.2%) TO ONE AND SIXTH-TENTHS PERCENT (1.6%) PROVIDING PENALTIES FOR THE VIOLATION THEREOF;PROVIDING FOR SEVERABILITY; DESIGNATING AN EFFECTIVE DATE AND PROVIDING FOR APPLICATION OF TAX TO CERTAIN CONTRACT. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA, AS FOLLOWS: Section 1. The tax rate in each of the following sections of the town tax code is hereby set at one and six-tenths percent (1.6%) Section 8A-410 Amusements, exhibitions, and similar activities. Section 8A-415 Construction contracting: construction contractor. Section 8A-416 Construction contracting: speculative builders. Section 8A-417 Construction contracting: owner-builders who are not speculative builders. Section 8A-425 Job printing. Section 8A-427 Manufactured buildings Section 8A-430 Timbering and other extraction. Section 8A-435 Publishing and periodicals distribution Section 8A-444 Hotels. Section 8A-445 Rental, leasing, and licensing for use of real property. Section 8A-450 Rental, leasing, and licensing for use of tangible personal property. Section 8A-455 Restaurants and Bars. Section 8A-460 Retail sales: measure of tax; burden of proof: exclusions. Section 8A-470 Telecommunications Services. Section 8A-475 Transporting of hire. Section 8A-480 Utility services. Section 8A-610 use tax: imposition of tax; presumption Section 2. Any person found guilty of violating any provisions of this ordinance shall be guilty of a class 1 misdemeanor. Section 3. If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ,, Page 1 of 2 ,{ Section 4. The provisions of this ordinance and the increase in tax rate provided herein shall �v become effective on I I - I - 00 Section 5. The additional tax imposed pursuant to this ordinance shall not apply to contracts entered into prior to the effective date of this ordinance. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this tea. day ofA.t- , 2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: (4..44.4.. ID, )a.....4,4_,,_j • Sharon Morgan, Mayor it' Cassie B. Hansen, Town Clerk RE IEW BY:ali_____------ APPROVED AS TO FORM: .ji ki7.,,,.. d Alf ordin Town Manager g illiam E. Farrell,eljee,44, own Attorney I Page 2 of 2 Town of Fountain Hills Memorandum DATE: July 26, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Director of Community DevelopmentVjj THROUGH: Paul L. Nordin,Town Manager SUBJECT: Town Council consideration of Ordinance 00-15,an amendment to Chapter 9, OPEN SPACE ZONING DISTRICT(OSC AND OSR)of The Zoning Ordinance for the Town of Fountain Hills,to allow for a special event facility as an accessory use to a golf course clubhouse, if certain criteria are met, Case Number Z2000-. The Town first became interested in developing an ordinance to regulate special event facilities at golf course clubhouses as a result of some problems that were occurring at the Eagle Mountain Golf Course. The Eagle Mountain Golf Course was hosting special events from a large tent on the south side of the their clubhouse from approximately August of 1999 to April of 2000. The tent was erected and maintained throughout this time period and was in violation of at least two separate zoning regulations. The golf course operator was ultimately cited for fire code violations and the tent was removed. During the process of seeking the removal of this tent,the Staff determined that a substantial modification to the list of permitted uses relating to golf course clubhouses was needed to address the desires of at least three local golf course operators to have/host special events at their respective clubhouses. The Town is very interested in these special events,and we wanted to ensure that these events would occur in a manner that was acceptable both to the Town and to neighboring residential users. Town staff, along with representatives from the Eagle Mountain Golf Course,developed the following proposed set of regulations that will ensure that special events held at golf course clubhouses are appropriate in size, hours of operation, are housed within buildings that compliment the clubhouses,that sufficient parking is provided,etc. Staff believes that having special events at a clubhouse would not be inconsistent with the intent of the Zoning Ordinance, but that special attention should be paid toward the manner in which special events occur, and the buildings or structures within which they occur. The proposed text amendment,as shown in the attached Ordinance 00-15,would administratively permit"special event facilities"if certain criteria were met. On July 13, 2000 the Planning and Zoning Commission voted 5-0 to recommend Town Council approval of Ordinance 00-15. Due to a request by the operator of the Firerock Country Club golf course that this item be continued until the Town Council's September 7, 2000 meeting, staff is recommending a continuance to that date. Staff will then recommend Town Council approval of Ordinance 00-15. TOWN OF FOUNTAIN HILLS ORDINANCE#00-15 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 9, SECTION 9.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW FOR A SPECIAL EVENT FACILITY AS AN ACCESSORY USE TO A GOLF COURSE CLUBHOUSE,IF CERTAIN CRITERIA ARE MET. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted The Zoning Ordinance for the Town of Fountain Hills,and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance,and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to allow for a special event facility as an accessory use to a golf course clubhouse, if certain criteria are met,and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed,and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 9, Section 9.02 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on June 28,2000,July 5, 12, 19 and 26,2000,and on August 2,2000,and; WHEREAS, Public hearings were advertised in the June 28, 2000, July 5, 12, 19 and 26, 2000, and in the August 2, 2000 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04,and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on July 13,2000 and by the Fountain Hills Town Council on August 3,2000. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 9, Section 9.02 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be added shown as double-underlined: ORDINANCE 00-15 PAGE 1 OF 3 ('ASS/FAIL MOTION SECOND rr !,ivr 9.02 Permitted Uses: B. In the Open Space Recreational("OSR")Zoning District: 1. Golf course, including clubhouses located thereon, but not including miniature courses. 2. Park land. 3. Public and private wildlife reservations. 4. Publicly and privately owned or operated fire and/or public police stations. 5. Undeveloped natural land. *2 6. Utility services, but not including offices, waste water treatment plants, generating stations, and wireless communications towers and antennas, unless otherwise specifically permitted elsewhere in the ordinance. 7 Soec;al Event Facility ac an Acceccnry I Jce to a Clubhouse A olf g course operator may develop and overate a special_ event facility within or i mediately adiacent to a clubhouse. if those criteria li ted below are met. A special event facility is a permanent building that is developed f.r individual short-term special events at the clubhouse including wedding parties meetings onlf tournaments and other similar events. The size limitations of the special event facility, as noted below, shall include any restrooms, storage areas, or other portions of the building that are developed for the sole use of the special events facility. In the review of a buildin• permit application for a special event fa ility, the Town . consider uilding elevations building material building color landccaninv hour o o•eration. signage. parking. duration. and neighborh••• impact. As a minimu the following standards shall apply: a A snecip1 event facility shall be constrpMPd acing the camp a ter•or buildin• materials and paint cols as the clubhouse. Tents,, membrane structures or similar buildings or structures are specifcally prohibited owever temvorary single-event tent( 1 a be ne i ted by Temnor ry Use Permit pursuant to Section 5.16 of this Ordinance. b A v gn1f course clubhouse may have a special event facility th_a_t is un rn 2 4 sauare feet in size reg rdless of the size of the clubhouse A vecia event facili v may be greater than 2.411 square feet in size. but the special vent facility shall be no greater than thirty (30%) percent of the air- conditioned areas of the clubhouse. but not including any g•lf a • . •- or maintenance areas of the clubhouse, c. In no case shall a special event facility be used between the hours of 12:00 AM and 6:00 AM on Friday and Saturday evenings. A special event facility shall not be used between the hours of 10:00 PM and 6:00 AM on Sunda through hursday evenings. However. on holida h. •_ • undav through Thursday evening . the Director of o munity Development may with prior ap rn oval,allow for a special event facility be used until 12:00 AM instead of 10:00 PM. If the Director of ORDINANCE 00-15 PAGE 2 OF 3 ommunity Develonm nr determines that music or crowd noise has •isturbed adiacent residential users. the Director of Community Developmen ,at hi /her discTetion and by certified letter to the 201E course operator.may further limit the hours of future soe 'a -vents. d No additional narking spaces are required to be provided fora special event facilit . However there shal be no no -golf-related events that ize the special event facility that be in before 4:00 PM unle either additional on-site parking for the facility is provided at a rate of one parking space per every 4 persons of the capacity of the special event facili v or alternative parkine accommodations .id transportation (if necessary) are provided and prior aooroval is given by the Director of Community Development. e. There shall be no additional signage associated with the special event facility. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 3rd day of August,2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L. Nordin,Town Manager William E.Farrell,Town Attorney ORDINANCE 00-15 PAGE 3 OF 3 TOWN OF FOUNTAIN HILLS MEMORANDUM L TO: The Honorable Mayor and Common Council FROM: Dana Burkhardt,Planner THROUGH: Paul L.Nordin,Town Manager DATE: July 26,2000 SUBJECT: Consideration of an amendment to The Zoning Ordinance of the Town of Fountain Hills by amending Chapter 5 Section 5.18 to prescribe common trash enclosures for multi- family,commercial, industrial, and institutional developments;Z2000-12 The following Section is from Chapter 5 of the Zoning Ordinance of the Town of Fountain Hills. Deletions in the existing text are act,additions to the existing text are double underlined. 5.18 Trash Enclosures. *31 A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than a single-family dwelling or multiple-family developments containing four(4)or less dwelling units.Additional common trash enclosures shall be provided for multi 1 -f mil ev 1 nts h yin fly or m re nit ch tha 1/ u i ar 9 cubic feet) of disposal capacity is provided per unit rounding un and such enclosure() shall be located no further than 250 walking feet to the main entrance of the units they are intended to serve. A minimum of one trash enclosure is required for commercials industrial, and other non-residential or institutional developments. Additional trash enclosures shall be provided at a number and at locations as determined by the Director of Community Development. The enclosure shall be entirely surrounded by screen walls or buildings. Trash enclosures shall comply with the following regulations: A. Construction: Trash enclosures shall be so constructed that contents are not visible from a height of five(5)feet above grade from any abutting street and shall be constructed of solid or ornamental pierced masonry walls with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall any enclosure be less than four (4) feet in height above grade. Gates are required and shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use. Central trash enclosures shall be provided for multiple-family developments having five (5) or more dwelling units,and must be accessed in a forward motion at points of ingress/egress. B. Location: Trash enclosures shall not be located in any required front or side yard. On July13, 2000 the Planning and Zoning Commission held a public hearing and considered their tkirw recommendation to the Town Council regarding Ordinance 00-16. The Commission recommended Town Council approval of Ordinance 00-16 by a vote of 6-0. Staff also recommends Town Council approval of Ordinance 00-16. (tor TOWN OF FOUNTAIN HILLS ORDINANCE 00-16 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING CHAPTER 5 SECTION 5.18 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO PRESCRIBE COMMON TRASH ENCLOSURES FOR ALL MULTI-FAMILY, COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL DEVELOPMENTS. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning ordinance; and WHEREAS, Public hearings were advertised in the June 28, July 5, and 12, 2000 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on July 13, 2000 and the Mayor and Common Council on August 3, 2000. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1, The Town of Fountain Hills Zoning Ordinance, Chapter 5 Section 5.18 shall be amended to prescribe common trash enclosures for all multi-family, commercial, industrial, and institutional developments, as shown in Exhibit L L PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 3`d day of August, 2000. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: AM4,41:61A0a1C- SharonMorgan, Mayor r Cassie B. Hansen, Town Clerk RE W BY: APPROVED AS TO FORM: 77;1474:,Piceifre Paul L. din, own Manager William E. Farrell, Town Attorney L (by' Ordinance 2000-16 Page 2 of EXHIBIT "A" This amendment to Chapter 5 of the Zoning Ordinance of the Town of Fountain Hills is shown below. Deletions in the existing text are cro3scd out, additions to the existing text are double underlined. 5.18 Trash Enclosures. y31 A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be provided for every use, other than a single-family dwelling or multiple-family developments containing four (4) or less dwelling units. Additional common trash enclosures shall be provided for multiple-family developments havina five (5) or more units such that 1/3 cubic yard (9 cubic feet) of dis•osal capacity is provided per unit, rounding up, and such enclosure(s) shall be located no further than 250 walking feet to the main entrance of the units they are intended to serve. A minimum of one trash enclosure is required for commercial, industrial, and other non-residential or institutional developments. Additional trash enclosures shall be provided at a number and at locations as determined by the Director of Community Development. The enclosure shall be entirely surrounded by screen walls or buildings. Trash enclosures shall comply with the following regulations: A. Construction: Trash enclosures shall be so constructed that contents are not visible from a height of five (5) feet above grade from any abutting street and shall be constructed of solid or ornamental pierced masonry walls with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall any enclosure be less than four (4) feet in height above grade. Gates are required and shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use. Central trash enclosures shall be provided for multiple-family developments having five (5) or more dwelling units, and must be accessed in a forward motion at points of ingress/egress. Location: Trash enclosures shall not be located in any required front or side yard. L Ordinance 2000-16 MEMORANDUM L TO: Honorable Mayor and Town Council FROM: Art Candelar' , Civil Engineer @- REVIEWED: Tom ar Int ri Town E i e THROUGH: Paul L. wn Manages►/ DATE: June 5, 2 RE: Notification of Acceptance Grant of Easement EAA99-01 10' Sidewalk Easement Fountain Hills Boulevard and El Lago Shepherd of the Hills Lutheran Church has granted a Sidewalk Easement located at Fountain Hills Boulevard and El Lago, as described in Exhibit "A" and depicted in Exhibit "B" attached. In accordance with our normal procedure, no Council action is required for a grant of an easement. This memo is merely for your-information. cc: Shepherd of the Hills Lutheran Church L C\Easement Memo\EAA9`,in Memo Gram of J uewau.L. 7-IB&El Lago When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT Shepherd of the Hills Lutheran Church grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public utilities, a perpetual easement for the following purposes, namely: 10' Sidewalk Easement- Fountain Hills Boulevard and El Lago Boulevard on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit "A" and as depicted in Exhibit "B", situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this c day of ; , 2000. By: By: STATE OF ARIZONA ) SS. A-• nau SEAL ONTICO E. Sieber Baxtp County of Maricopa vJ NOTARY IC_ARIZ1, i s• ' PA COUNT MY • Expires Nov. ?' SUBSCRIBED AND SWORN TO BE before me this S day off V 1 , 2000 by p#'cS-Tb 12 ')UP—L. i°j, F►2_.MS-1-EA#- Notary Public My Commission Expires: i/ 11 EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID PARCEL OF LAND BEING A PORTION OF PARCEL A BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH EAST CORNER OF SAID PARCEL A, SAID CORNER BEING THE POINT OF BEGINNING; THENCE S20'38'08'W A DISTANCE OF 311.76' TO A POINT ON THE ARC OF A CIRCLE, THE CENTER OF WHICH BEARS S69'21'52"E FOR A DISTANCE OF 50.00'. THENCE SOUTHWESTERLY ALONG ARC OF SAID CIRCLE THROUGH A CENTRAL ANGLE OF 90'00'00' A DISTANCE OF 78.54' TO A POINT ON THE ARC OF A CIRCLE, THE CENTER OF WHICH BEARS S20'38'08"W FOR A DISTANCE OF 542.0'. THENCE SOUTHWESTERLY ALONG ARC OF SAID CIRCLE THROUGH A CENTRAL ANGLE OF 25'01'42' FOR A DISTANCE OF 236.76'. THENCE N 04'23'34" W FOR A DISTANCE OF 10.00' TO A POINT ON AN ARC OF A CIRCLE WHICH CENTER BEARS S 04'23'34' E A DISTANCE OF 552.0'. THENCE ALONG SAID ARC THROUGH A CENTRAL ANGLE OF 25'01'42' A DISTANCE OF 241.13 TO A POINT ON THE ARC OF A CIRCLE WHICH CENTER BEARS N 20'38'08' E FOR A DISTANCE OF 40.0'. THENCE ALONG SAID ARC THROUGH A CENTRAL ANGLE OF 90'00'00. A DISTANCE OF 62.83. THENCE N20'38'08'E A DISTANCE OF 307.99'; THENCE N90'00'00'E A DISTANCE OF 10.69' TO THE POINT OF BEGINNING. L tn�g�C.t i A LAN Tf`414 �4, 4 p O 198 4 D D M. et 9'tox� 7Ulr.$ L w o 1- N N L g cn 02 -----/ 'e ir NNIAMO4 i Z `W as �-0�78 ,�INva } M --- S7 z 01$N� w 3� Ld 8 8 s 1N a il • O£ �, 0 , CCI bA t O r I C `' ^� 0J ' w ) t °� t A, c+) Z ~ N p , �j S'". -9a1 1 t t c� I 1 it f I I m t 1 t WI t N t 0 t 1 4-4r O' -I - ro 7 CO E of En- oo_ Oo o_ ; o 000000 00 1 , \�:,0 G) OI p ONo0O0N NO w 9 Q OstOO1-�I )O O O0 X Q: tt)t1)CD N�ll)I.C)� \ F -0 ���`` W ^� tR tt i • = A R tt V. iLO t OOOO!n. , Q `0 ►! \to U Q tob tr)r 'O -0OOO.0 t Icn�cnNN0 \r^" p n0 V _ C4 t \tP N C00. (Orr)_ ' 1 C I NI -.-r) t \ i 0r7t7D* �? qci � Q coop co.-vi-rr)d'N N -01NCV NCO ' U t W o I -NPovi-it)tor,tx) i O CO O 00000000 iII O O 0 1 J o SO ,56T2C 7„00,60.00 N .),‘ "81- G o l N o ,00'0017 3 „00,00.00 N -~ F -- o 3Alad 3019 NId1Nf1OW Z z z Chron 144 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Jim Leubner, Senior Civil Engineer REVIEWED: Thomas . ard, terim Er�g y THROUGH: Paul L. . d•, � T n Manager DATE: July 7, 200 RE: Grant of Easement (EAA00-04) Mirage Homes- Mirage Office Plat 412-A, Block 8, Lot 11 ' Scoff Nelson Scott Nelson, General Partner, Scoff Nelson Family Limited partnership granted a Drainage Easement on Lot 11, Block 8, Plat 412-A, as described and depicted in Exhibits "A" and "B", attached. The Town engineering department has approved the Grant of Easement legal documents and will have them recorded. In accordance with our normal procedure, no Council action is required for a grant of an easement. This memo is merely for your information. cc: Scott Nelson Dana Burkhardt, Planner L G:\Easenlr::i iviemwe.AA0u-04 Stan Memo Grant of Drainage hat 412-A,tStic 6,:.:.; Ciatu When Recorded Return To: L Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills. AZ 85269 GRANT OF EASEMENT Scott Nelson Family Limited Partnership, grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement for the following purposes, namely: Drainage Easement Plat 412-A, Block 8, Lot 11 on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit "A" and as depicted in Exhibit "B", situated in the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto L against the claim of any person whatsoever. Dated this ( 7/ day of, X4- 2000. By: C% ,�--� Sc tt elson, General Partner Scott Nelson Family Limited Partnership STATE OF ARIZONA ) ) § County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this l zday of ')l,� 1 , 2000, by `Jc_.c - k_ Sw ., . IY .__________ Notary lic My Commission Expires: OFFICIAL SEAL (6— :*,''''''!"-:•,„ TEPHANIE HENDRICKSEN/ ~ NotaryPublic•Stateof Arizona u'ra►4 MARICOPA COUNTY A My Comm.expires Feb.29,2004, (irry Exhibit "A" Page 1 of 2 Drainage Easement Fountain Hills Final Plat 412A Block 8 Lot 11 A part of Fountain Hills Final Plat 412A Block 8 Lot 11 as recorded in Book 158,Page 20,Maricopa County Records, Maricopa County, Arizona more particularly described as follows: Tract A Beginning at the Southwest corner of said Lot 11 said point also being on the Southerly Right of Way line of Saguaro Blvd.; Thence Northeast along an arc concave Southeast through a central angle of 07 degrees 56 minutes 13 seconds a distance of 105.00 feet, said arc having a radius of 758.00 feet with a chord bearing North 69 degrees 09 minutes 34 seconds East and a chord length of 104.92 feet to a point on the Southerly Right-of-Way of said Saguaro Blvd.; Thence departing said Right-of-Way South 58 degrees 14 minutes 20 seconds West a distance of 92.52 feet to a point on the South property line of said Lot 11, said point also being on the North Right-of-Way line of Laser Drain; Thence Northwest along an arc concave Northeast through a central angle 03 degrees 23 minutes 15 seconds a distance of 21.37 feet, said arc having a radius of 361.50 feet with a chord bearing North 59 degrees 51 minutes 34 seconds West and a chord length of 21.37 feet to a point; Thence North 58 degrees 00 minutes 00 seconds West a distance of 1.11 feet to the Point of Beginning. Containing 1,049.21 square feet, more or less, subject to all existing easements. at��sionv If 21549 DAVID A. MONTGOMERY L Exhibit "A" Page 2 of 2 Drainage Easement Fountain Hills Final Plat 412A Block 8 Lot 11 Page 2 Tract B Beginning at the Southeast corner of said Lot 11 said point also being on the Westerly Right-of-Way line of Firebrick Drive; Thence Westerly along an arc concave Northwest through a central angle of 06 degrees 24 minutes 18 seconds a distance of 40.41 feet said arc having a radius of 361.50 feet with a chord bearing of South 89 degrees 04 minutes 42 seconds West and a chord length of 40.39 feet to a point, said point also being on the North Right-of-Way line of Laser Drain; Thence departing said Right-of-Way line North 17 degrees 44 minutes 44 seconds East a distance of 29.82 feet to a point; Thence North 33 degrees 20 minutes 24 seconds East a distance of 21.67 feet to a point; Thence North 75 degrees 41 minutes 58 seconds East a distance of 7.46 feet to a the Westerly Right-of-Way line of said Firebrick Drive; Point on Thence South 14 degrees 18 minutes 02 seconds East a distance of 49.22 feet to the Point of Beginning. Containing 1217.82 square feet, more or less, subjected to all existing easements. '14 fdit, 41.7 fa 21549 lt DAVID R MONTGOMERY 9-�-�r 44,.... L DRAINAGE EASEMENT Fountain Hills Arizona Exhibit "B" L Final Plat 412-A BLOCK 8, LOT 11 \ \ N58'00'00° \ 1.11' '\ SCALE: 1" = 30' ' D.E. =03'23'15" ;/ Js \. 0 =07'56'13" L=21.37' / \ L=105.00' R=361.501 re-, \ R=758.00 ,, i /a it r ,1 94, \ 't/ 4'q .-Cid 2 "97s TRACT "A Q , �� 1 21549 t. r.D• / 1.10Zi GOMER DAD R Y \ Q +lined.••' 40/ZOii1.1)21h I `1 \ ,/ LOT 11 la) \ L \ , A=06'24'18" i ; 1 L=40.41' N17'44'44"E ' R=361.50' 1 29.82' , I N33'20'24"E 1 21.67' \ \ 7.46 41 58"E ,,/ D.E. -' 1, __j 5\4 1'8: col - 1VE F\R RACT "B" EBR�CK MEMORANDUM TO: Mayor and Council FROM: Stuart J. Shoob Presiding Jud DATE: July 31, 2000 SUBJECT: Monthly Report Attached you will find the June 2000 Monthly Report of the Court. We continue to remain busy, and as you can see from the report, more than 5800 cases were handled in Fiscal Year 1999/2000. Should you have any questions or concerns, or if you desire my presence at the meeting, please contact me. L Fountain Hills Municipal Court Monthly Report June 2000 CASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS çivil Traffic 368 4,440 0 2 181 185 0 Criminal Traffic 44 545 0 0 25 17 2 Misdemeanor 76 770 13 0 30 18 15 OOP/IPH 6 88 6 0 0 0 0 June 2000 494 5,843 19 2 236 220 17 June 1999 535 5,641 CASES TERMINATED MONTH FYTD Civil Traffic 352 4,491 Criminal Traffic 39 538 Misdemeanor 92 731 OOP/IPH 6 88 Tune 2000 489 5,848 June 1999 434 5,650 HEARINGS/TRIALS HELD MONTH FYTD Civil Traffic Hearings 26 255 Traffic/Criminal Trials 0 12 Juvenile Hearings 31 238 PTC/OSC/SR Hearings 52 753 OOP/IPH Hearings 0 8 June 2000 109 1,266 June 1999 58 932 June 2000 Revenue Received $44,871 99-00 Fiscal Year to Date $ 502,000 tune 1999 Revenue Received $ 37,956 98-99 Fiscal Year to Date $ 413,457 2000 Outstanding Balance $326,017 1999 Outstanding Balance $295,213 Revenue Received amount does not include bond account activity. L . 1AiN . NOTICE OF SPECIAL SESSION o� C�'' `�' OF THE z. 3 '`'`"" ° — ° 4 FOUNTAIN HILLS TOWN COUNCIL that• is An''- Mayor Morgan Councilman McNeill Vice Mayor Hutcheson Councilman Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: **MONDAY, AUGUST 14, 2000 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B ** «THIS MEETING REPLACES THE 8/17/99 MEETING» 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 • INVOCATION— • PLEDGE TO THE FLAG— • 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. Town Council Meeting Agenda Special Session August 14 2000 *1.) Consideration of APPROVING THE MEETING MINUTES of August 1, 2000. *2.) Consideration of a REVENUE SHARING AGREEMENT with the Fountain Hills Unified School District, #98, to share revenues generated by an Option and Site Lease Agreement between AT&T Wireless PCS,LLC and Fountain Hills Unified School District,#98 *3.) Consideration of ORDINANCE 00-17, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget,to provide funds for bond redemptions, for the purpose of paying interest upon bonded indebtedness; all for the fiscal year ending the 30th day of June,2001. *4.) Consideration of the EXTENSION OF PREMISE/PATIO PERMIT APPLICATION submitted by Kenneth Bowman for the American Legion #58 located at 16850 East Avenue of the Fountains. The request is to temporarily extend the Legion's Club liquor license to an enclosed area on the north side of the building for an anniversary party on Saturday,August 26,2000. 5.) Consideration of APPOINTING a member of the community to replace Arnold Roy on the McDowell Mountain Preservation Commission. 6.) CALL TO THE PUBLIC. Pursuant to A.R.S. § 38-431.01(G),public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism,ask staff to review a matter or ask that a matter be put on a future agenda. 7.) ADJOURNMENT. DATED this 9th day of August 2000. c)6 By: 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 2 of 2 Last printed 08/09/00 1:30 PM cp, EMORANDUM TO: THE ON I RA t L MAYOR AND TOWN COUNCIL FROM: PAUL ;4I ' OWN MANAGER DATE: AUGUS 11, 2000 RE: MANAGER'S REPORT FOR THE AUGUST 14th COUNCIL MEETING REMINDERS: I will be out of the office on Wednesday, August 16th and Thursday, August 17`h. As always, should you require assistance in my absence, please see Sue or Cassie. CONSENT AGENDA: There are four items on the consent agenda. Please review each item and contact me should you determine any should be removed. AGENDA ITEM#5 - APPOINTMENT OF MCDOWELL MOUNTAIN PRESERVATION COMMISSIONER: We have received four applications to fill the vacancy left by former Commissioner Arnold Roy. Mayor Morgan will nominate one of the candidates as the replacement McDowell Mountain Preservation Commissioner at Thursday's meeting. Copies of the applications and Jeff s memo are attached. SPECIAL SESSION- EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT: Immediately following the adjournment of the regular Town Council meeting, we will convene the Special Session of the District Board of the Eagle Mountain Community Facilities District. There will be a Public Hearing and consideration of Resolution EMCFD2000-02 to adopt the final fiscal year budget and tax levy for the Eagle Mountain CFD. Please find Julie's enclosed report. L Town Manager's Report August 14,2000 Council Meeting Page 1 of 1 (tiw Interofice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO TOWN CLERK Date: 08/09/00 Re: AGENDA ITEM #4 — AMERICAN LEGION SPECIAL EVENT LIQUOR LICENSE AGENDA ITEM #4—AMERICAN LEGION EXTENSION OF PREMISE Kenneth Bowman has submitted an application for an extension of premise/patio permit for the American Legion Post 58 for the purpose of holding an anniversary party. The Post, located at 16850 Avenue of the Fountains, is requesting to temporarily extend their Series 14 Club license for one day, Saturday, August 26, 2000 to an area including the courtyard entrance and a fenced area adjacent to the north side of their building. Per the provisions of their Club license, the Legion can only sell and serve alcoholic beverages to bona fide members of the club and their guests. The application states that security precautions will be taken to insure that no minors are served and that all alcoholic beverages remain within the permitted area. This request is consistent with previous Legion submittals for extension of premise permits. Based on adherence to the policies and statutes governing extension of premise permits and Series 14 Club licenses, staff recommends approval. Now Page 1 of 1 Special Council Meeting 8-14-00 Last printed 08/09/00 1:19 PM Town of Fountain Hills Memorandum DATE: August 9, 2000 TO: The U' •iabl: ayor and Common Council rl FROM: Jeffr: .lde irector of Community Developme1f_\\) THROUGH: Paul . d ,Town Manager SUBJECT: Revenue Sha l'ng Agreement between the Town and the School District. Since the beginning of the year representatives of AT&T Wireless PCS,LLC (AT&T)have been working with the Town and the Fountain Hills Unified School District to develop a plan where AT&T would locate a cellular antenna on an existing light pole at Four Peaks School. The light pole on which the antenna is proposed to be located in owned by the Town,but the pole is located on land that is now owned by the School District. In addition to mounting an antenna on the light pole, AT&T desires to develop a 20-foot by 20- foot equipment enclosure adjacent to the light pole. This enclosure will also be located on land now owned by the School District. It is anticipated that in the near future the Town will assume ownership of the athletic field where the light pole is now located and where the equipment enclosure is proposed. The reason for this Revenue Sharing Agreement is to set forth the manner by which rent revenues are distributed to the Town and the School District. The Agreement is particularly necessary because the School District has requested that the first three years of rent be paid up-front. Due to the Town's past financial assistance to the School District,The Town Manager and I have agreed to support the equal division of the initial 3-year rent payment for the facility. At an initial rent rate of$1,000 per month,the first rent payment will be$36,000, one-half of which will go to the School District and one half to the Town. Please note in the attached lease that the rent will be increased at the beginning of each of the five renewal terms by a flat 15%. Staff recommends Town Council approval of the Revenue Sharing Agreement with the Fountain Hills Unified School District#98. L L Proj ect Narrative Town of Fountain Hills Community Development Department For a Wireless Telecommunications Facility Including Antennas And a Microwave Dish Mounted on a Stadium Lightpole And an Equipment Shelter AT&T Wireless Project PH 153 L Project Location: Four Peaks Park 14825 N. Del Cambre Fountain Hills,Arizona Submitted by: Ginnie Ann Sumner,Peter Drake, &Jesse Drake, for the TynanGroup, Inc. —Representing AT&T Wireless Services 3333 E. Camelback Rd. #280 Phoenix, Arizona 85018 602 522-2655 Project Narrative L For a Wireless Telecommunications Facility Four Peaks Park 14825 N. Del Cambre Avenue Background AT&T Wireless Services is currently providing wireless communication services throughout the valley and across the United States. In response to significant population growth and increased demand for its wireless services, AT&T Wireless is expanding its coverage around Arizona, as well as increasing the number of available channels. It is the goal of AT&T Wireless to work with municipalities to build and maintain a wireless network that meets the needs of local residents,businesses, and visitors to Fountain Hills. Summary of Project In order to obtain adequate coverage and signal strength in the area of Fountain Hills, AT&T is proposing the installation of 3 new antennas and a 24-inch diameter microwave dish on an existing 93 feet high stadium lightpole. Three new, flush-mounted antennas with a top height of 67 feet will be mounted on the existing lightpole. A new 24-inch ,, diameter microwave will also be mounted on the existing lightpole, with the top of the dish 56 feet above the ground. A new ground-mounted,prefabricated equipment shelter, 11 feet, 5 inches wide by 28 feet long by 10 feet,by 6 inches high,will be positioned approximately36 feet from the existing light pole. A new 6 feet high chain link fence will be added to surround the equipment shelter. Two 3 feet wide wrought iron gates will provide access through the fence the equipment shelter. Eventually, this site will be included as part of the Town's planned Parks and Recreation maintenance facility. However, every attempt will be made to minimize the removal of existing vegetation that will provide landscape screening of the proposed shelter until the maintenance facility is constructed. Electrical service will be provided by an new 200 amp service drawn from the existing P0613 transformer located off of Del Cambre Avenue. Telephone service to the site will be provided by an existing telco box located adjacent to the electrical transformer off of Del Cambre Avenue. Both electrical and telephone lines will share a new utility trench from their sources to the proposed equipment shelter. A new shroud on the west side of the existing lightpole will cover the new coaxial cable in its run down the side of the light pole from the antennas to a new coaxial"dog house" at the bottom of the light pole. The new coaxial cable will run underground from the new coaxial"dog house"to the equipment shelter. L This site will not use any water,wastewater, or solid waster services. Approximately once a month a technician will park in the existing parking area for Four Peaks Park when servicing the wireless communication facility. Conclusion It is the goal of AT&T Wireless Services to work in cooperation with the Town of Fountain Hills in the development of their wireless network. The Town of Fountain Hills has identified Four Peaks Park as an existing and preferred platform for wireless communication antennas. Additionally, this site will provide revenue to the Town. L REVENUE SHARING AGREEMENT THIS COST SHARING AGREEMENT ("Agreement") is made, entered into and effective as of the day of , 2000 by and between FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT, #98, a political subdivision of the State of Arizona ("District") and the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation ("Town"). WHEREAS, the District is the owner of certain real property as more particularly described in Exhibit A (the "Property"), attached hereto and incorporated herein by this reference; and WHEREAS, the Town is the owner of the Light Standard as more particularly described in Exhibit B (the "light standard"), attached hereto and incorporated herein by this reference; and WHEREAS, the District desires to execute an option on the Property with AT&T Wireless PCS, LLC, a Delaware limited liability company d/b/a AT&T Wireless Services for the purpose of occupying and installing a Communications Facility with an "Option and Site Lease Agreement" as more particularly described in Exhibit C (the "Option and Site Lease Agreement"), attached hereto and incorporated herein by this reference. NOW THEREFORE, the District and the Town agree as follows: Section 1: The District may execute the AT&T "Option and Site Lease Agreement" with the �r understanding that upon commencement of the Lease the District and the Town shall share the initial rent payment for the first three years of the lease based on 50% to the District and 50% to the Town, regardless if ownership of the Property is transferred to the Town within the first three years of the lease. Section 2: The District and the Town shall share equally any future rent payments for as long as the District is the owner of the Property and the Town is the owner of the light standard. Section 3: In the likely event the Town becomes the owner of the Property, the Town will become the Lessor in the "Option and Site Lease Agreement" and 100% of all future rent payments will be made to the Town. Section 4: Through its approval of this agreement the Town Council authorizes the use of the Town-owned light pole noted on Exhibit `B" to be utilized, pursuant to the "Option and Site Lease Agreement", by AT&T for a cellular antenna. L Revenue Sharing Agreement Page 1 of 5 IN WITNESS WHEREOF, the District and the Town have duly executed this Agreement as of the day and year first above written. FOR THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT # 98, A POLITICAL SUBDIVISION OF THE STATE OF ARIZONA By: Print Name: Maria L. Menconi, Ed.D. Its: Superintendent FOR THE TOWN F FOUNTAIN HILLS, AN ARIZONA MUNICIPAL CORP ON By. Print Name: Sharon Morgan Its: Mayor Attest: 6t1Jc2—Lio D, A/k ) Cassie B. Hansen,Town Clerk APPROVED AS TO FORM: illiam E. Farrell,Town Attorney Revenue Sharing Agreement Page 2 of 5 Exhibit "1" Legal Description of the Property LOT 1, BLOCK 18, FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 107, ACCORDING TO BOOK 141 OF MAPS, PAGE 18, RECORDS OF MARICOPA COUNTY, ARIZONA, EXCEPT THE FOLLOWING DESCRIBED PROPERTY. COMMENCING AT THE CENTERLINE INTERSECTION OF DEL CAMBRE AVENUE, 70.00 FEET IN WIDTH AND EL SOMBRE AVENUE, 70.00 FEET IN WIDTH, AS SHOWN ON SAID FINAL PLAT NO. 107; THENCE SOUTHERLY ALONG SAID CENTERLINE OF EL SOBRANTE AVENUE, SOUTH 23 DEGREES 15 MINUTES 00 SECONDS EAST, 55.00 FEET; THENCE SOUTH 66 DEGREES 45 MINUTES 00 SECONDS WEST, 35.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY OF SAID EL SOBRANTE AVENUE; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY, SOUTH 23 DEGREES 15 MINUTES 00 SECONDS EAST, 276.57 FEET TO A POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY OF CALIENTE WASH, SAID POINT ALSO BEING ON A CURVE BEING CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 515.00 FEET; THENCE WESTERLY ALONG SAID RIGHT-OF-WAY AND CURVE THROUGH A CENTRAL ANGLE OF 02 DEGREES 29 MINUTES 50 SECONDS, AN ARC LENGTH OF 22.45 FEET; THENCE SOUTH 68 DEGREES 55 MINUTES 00 SECONDS WEST, 312.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 435.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59 DEGREES 17 MINUTES 05 SECONDS, AN ARC LENGTH OF 450.10 FEET TO A POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY OF AFOREMENTIONED DEL CAMBRE AVENUE, SAID POINT ALSO BEING ON A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 615.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 48 DEGREES 01 MINUTES 37 SECONDS WEST, THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND CURVE THROUGH A CENTRAL ANGLE OF 24 DEGREES 46 MINUTES 37 SECONDS, AN ARC LENGTH OF 265.95 FEET, THENCE NORTH 66 DEGREES 45 MINUTES 00 SECONDS EAST, 422.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC LENGTH OF 31.42 FEET TO THE POINT OF BEGINNING. EXCEPT ALL MINERALS AS RESERVED UNTO THE UNITED STATES OF AMERICA IN PATENT OF SAID LAND RECORDED FEBRUARY 28, 1956 IN DOCKET 1839, PAGE 426, RECORDS OF MARICOPA COUNTY, ARIZONA; AND ALSO EXCEPT ALL GAS, COAL AND MINERALS WHATSOEVER, ALREADY FOUND OR WHICH MAY HEREAFTER BE FOUND IN OR UNDER SAID LAND; AND ALSO EXCEPT ALL UNDERGROUND WATER, IN, UNDER OR FLOWING THROUGH District initials SAID LAND AND WATER RIGHTS APPURTENANT THERETO. Town initials L Revenue Sharing Agreement Page 3 of 5 (ikr► Exhibit "2" "Option and Site Lease Agreement"Description of Light Standard (Refer to Exhibit ".3"for location of Light Standard) O TOP OF POLE PROPOSED AT FLUSH MOUNTED / ANTENNAS. 1 ANTENNA FER SECTOR.3 SECTORS 3 / ANTENNAS RAD CENTER District initials Town initials Revenue Sharing Agreement Page 4 of 5 Exhibit "3" Option and Site Lease Agreement (Attached) L District initials Town initials L Revenue Sharing Agreement Page 5 of 5 Cell Site Name:PH-153-3 Four Peaks Park Address:Fountain Hills,Arizona OPTION AND LEASE AGREEMENT THIS OPTION AND LEASE AGREEMENT("Agreement"), dated as of the date below, is entered into by Fountain Hills Unified School District , a political subdivision of the State of Arizona , with a Tax ID# of 86-0261487 its principal office/residence at 14605 Del Cambre, Fountain Hills, AZ, 85268, (hereinafter referred to as "Landlord") and AT&T Wireless PCS, Inc., a Delaware Corporation d/b/a AT&T WIRELESS SERVICES, having an office at 2398 E. Camelback Road, Suite 1100, Phoenix, Arizona 85016 (hereinafter referred to as "Tenant"). BACKGROUND Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at 14605 Del Cambre, Fountain Hills, AZ, identified as Parcel Number 176-4-354C, in the Town of Fountain Hills, Maricopa County, State of Arizona, as described on Exhibit 1 attached hereto and made a part hereof (collectively "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. The parties agree as follows: 1. OPTION TO LEASE. (a) Landlord hereby grants to Tenant an option (the "Option") to lease a portion of the Property measuring approximately nine hundred (900) square feet as described on Exhibit 2 attached hereto and made a part hereof(collectively "Premises"), together with unrestricted access as shown on the construction drawings or agreed upon by both parties in writing for Tenant's uses from the nearest public right-of-way along the Property. (b) During the Option period and any extension thereof, and during the term of this Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the Property, to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and include without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively referred to as "Governmental Approvals"), and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. (c) In consideration of Landlord granting Tenant the Option, Tenant hereby agrees to pay Landlord the sum of One Thousand Dollars ($1,000) upon execution of this Agreement. The Option will be for an initial term of one (1) year (the "Initial Option Term") and may be renewed by Tenant for an additional one (1) year upon written notification to Landlord and the payment of an additional One Thousand Dollars ($1,000) no later than ten(10) days prior to the expiration date of the Initial Option Term. 5/28/99 Option Land (d) During the Initial Option Term and any extension thereof, Tenant may exercise the Option by notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to the Tenant subject to the following terms and conditions. 2. PERMITTED USE. Tenant may use the Premises for the following: (i) transmission and reception of communications signals; (ii) to construct, install, operate, maintain, repair, replace, protect and secure, its communication fixtures and related equipment, cables, accessories and improvements (collectively, the "Communication Facility"); including the right to construct a lattice tower/wireless telephone pole along with any number of associated antennas, an equipment shelter, fencing and any other accessories necessary to the successful and secure operation of the Communication Facility; and (iii) any activities related to the forgoing. Landlord and Tenant agree that Exhibit 2 shows the initial installation of Tenant and that it does not limit Tenant's rights under this paragraph. Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 2. Tenant has the right (i) to install and operate transmission cables from the equipment shelter to the antennas, electric lines from the main feed to the equipment shelter, and communication lines from the main entry point to the equipment shelter and (ii) to erect, construct or make Property improvements, alterations, or additions appropriate for Tenant's use ("Tenant Changes"). Tenant Changes include the right to construct and maintain a fence around the Premises or undertake any other appropriate means to restrict and secure access to the Premises. 3. INSTALLATIONS. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to accomplish Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. 4. TERM. (a) In the event Tenant exercises the Option, the initial lease term will be five (5) years ("Initial Term"), commencing upon the Commencement Date, as deemed below. The Initial Term will terminate on the last day of the month in which the fifth annual anniversary of the Commencement Date occurred. (b) This Agreement will automatically renew for five (5) additional five (5) year Term(s) (the "Extension Term"), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least ninety (90) days prior to the expiration of the existing Term. (c) If Tenant remains in possession of the Premises after the termination or expiration of this Agreement then Tenant will be deemed to be occupying the Premises on a month to month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, and the Extension Term and the Holdover Term are collectively referred to as the Term. ("Term"). 5. RENT. (a) Commencing on the date that Tenant commences construction (the "Commencement Date"), Tenant will pay the Landlord a rental payment of Thirty Six Thousand Dollars ($36,000). Beginning in the thirty Le seventh (3r) month Tenant will pay the Landlord the yearly payment of Twelve Thousand Dollars ($12,000) plus any applicable tax, to Landlord at the address set forth above, on or before the ls`day of each lease year in advance or to such 2 5/28/99 Option Land • other person, or firm, or place as Landlord may, from time to time, designate in writing at least thirty (30) days in advance of any due date. Rent will be prorated for any partial year. (b) Tenant shall have the right to use a direct deposit system with regard to Rent payments. Landlord agrees to cooperate with Tenant in providing requisite information to Tenant for such direct deposit. The implementation of the direct deposit system shall be at Tenant's expense. (c) Rent shall increase by 15% on each successive renewal period. 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 15 of this Agreement after the applicable cure periods; (b) by Tenant on sixty (60) days prior written notice, if Tenant is unable to obtain, maintain, or otherwise forfeits or cancels any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now and hereafter intended by Tenant; or if the Premises become unsuitable for Tenant's operation due to governmental regulations; or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; (c) by Tenant on sixty (60) days prior written notice, if Tenant determines, in its sole discretion that Tenant's use of the Premises (as the same may have been modified from time to time) is no longer consistent with the optimal operation of Tenant's communications network based upon either technical or economic considerations in Tenant's sole discretion; (d) by Tenant on sixty (60) days prior written notice, if Tenant determines that interference by or to Tenant's use of the Premises cannot be resolved to Tenant's satisfaction; (e) by Tenant immediately upon notice, if destruction or damage to the Premises or the taking thereof (by partial condemnation or otherwise) is sufficient, in Tenant's reasonable judgment, to adversely affect Tenant's use of the Premises; or (f) by Tenant immediately upon notice, if Tenant determines, in its sole discretion, due to the title results, survey results or Tests, that the condition of the Premises is unsatisfactory or Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of government action or intervention or third-party liability. If this Agreement is terminated for any reason outlined in this paragraph, any prepaid rent will be refunded on a prorata basis. g.) Landlord may terminate this agreement if Tenant defaults and fails to cure default for non payment of rent. 7. INSURANCE. (a) Tenant will carry during the Term, at its own cost and expense, the following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability insurance with a minimum limit of liability of$1,000,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence;and(iii)Workers' Compensation Insurance as required by law. 3 5/28/99 Option Land (b) Tenant will name the Landlord as an additional insured under its commercial general liability policy. L. Tenant will require its insurance company to give at least thirty(30)days prior written notice of termination or cancellation of the policy to the additional insured, except for termination or cancellation for non-payment of premium, which notice will be ten(10)days. (c) Notwithstanding anything in this Agreement, with respect to all loss, damage, or destruction to the insured party's property (including rental value and business interruption) occurring during the term of this Agreement, Landlord and Tenant hereby releases and waives all claims(except for willful misconduct and negligence)against the other party, and each of the other party's,employees, agents, officers,and directors. Landlord and Tenant will make a reasonable effort to include in their property insurance policy or policies a waiver of subrogation provision whereby any such release does not adversely affect such policies or prejudice any right of the insured party to recover thereunder. 8. INTERFERENCE. (a) Where there are prior existing radio frequency users on the Landlord's property, the Landlord will provide Tenant with a list of all current radio frequency user(s) (and their frequencies) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the Premises will not interfere with existing third parties on the Premises as long as the current user(s) operate and continue to operate within their frequencies, and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party for use of Landlord's Property, if such use may in any way adversely affect or interfere with Tenant's Communication Facility. Landlord will notify Tenant and receive Tenant's written approval which will not be unreasonably held or delayed prior to granting any third party the right to install and operate communications equipment on Landlord's Property. Nothing contained herein will restrict Tenant nor its successors and assigns from installing and modifying its/their communication equipment. (c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Property or any of Landlord's other properties in any way which interferes with the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease upon not more than twenty-four (24) hour notice from Tenant. In the event any such interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law or in equity, for Landlord's breach of this Agreement, to elect to enjoin such interference or to terminate the Agreement upon notice to Landlord. (d) Landlord will confer with Tenant, tenant(s) and/or licensee(s) to determine proper antenna separation so as to avoid and/or eliminate any interference with their respective operations. (e) Tenant shall cure any interference by Tenant with the normal business operations of Landlord within ten (10)business days. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any direct injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) resulting from the installation, use, maintenance, repair or removal of the Communication Facility or the breach of any provision of this Agreement, except to the extent attributable (180 to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all direct 4 5/28/99 Option Land injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable (iw attorneys' fees and court costs) arising from the actions or failure to act of Landlord or its employees or agents, or the breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has all rights, power and authority to enter into this Agreement and bind itself thereto through the party set forth as signatory for the party below. (b) Landlord represents and warrants that: Landlord (i) solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license, unencumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, agreements of record or not of record, which would adversely affect Tenant's use and enjoyment of the Premises under this Agreement; (ii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises; (iii) its execution and performance of this Agreement will not violate any Laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on the Landlord; and (iv) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will use best efforts to provide promptly to Tenant a Subordination, Non-Disturbance and Attornment Agreement in the form of Exhibit 3. 11. ENVIRONMENTAL. (a) Landlord represents, warrants and agrees that: (i) the Property and its uses and operations complies, and will comply, with all local, state and federal statutes or regulations, or ordinances pertaining to the environment or natural resources ("Environmental Laws"); (ii) the Property has not been used or allowed to be used by Landlord or, to the best of Landlord's knowledge, by any previous owner, to emit through ground, water or air, refine, manufacture, generate, produce, store, contain, handle, transfer, process, treat, transport, or dispose of hazardous substances or hazardous wastes, products or pollutants, including without limitation asbestos, oil, petroleum products and their by-products, (collectively called "Hazardous Substance") as defined and regulated under any Environmental Laws; (iii) the Property has never been the subject of any federal or state Hazardous Substance related list; (iv) the Property has never required closure or clean-up of Hazardous Substance; and (v) no asbestos, Polychlorinated Biphenyls or other Hazardous Substance or underground or above ground storage tanks exist or have existed or will exist on the Property. Landlord warrants and represents that it will be solely liable for the clean-up and removal of Hazardous Substance and any related activities, including but not limited to the restoration of the Property related to Hazardous Substances now and in the future existing on the Property except to the extent generated by Tenant. Landlord will defend, indemnify and hold Tenant harmless from and against any and all direct liabilities, damages, losses, costs, assessments, penalties, fines, expenses and fees, including reasonable legal fees, consultant fees and expert witness fees, related to Landlord's breach of any of the above representations and warranties. (b) Tenant represents, warrants and agrees to conduct its activities on the Premises in compliance with all applicable Environmental Laws. Tenant will not use, generate, release,manufacture,refine,produce, store, or dispose of any Hazardous Substance on, under, or about the Leased Premises, except for the use of sealed batteries for emergency back-up, any fire suppression system and small quantities of cleaning products ordinarily used by commercial businesses. Tenant agrees to defend, indemnify and hold harmless Landlord from and against any and all direct liabilities, damages, 5 5/28/99 Option Land losses, costs, assessments, penalties, fines, expenses and fees, including reasonable legal fees, that Landlord may suffer due to the existence or discovery of Hazardous Substance on the Property, or released into the environment that are directly caused by Tenant's use of the Premises. (c) The indemnifications of this Paragraph specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remedial, removal or restoration work required by any governmental authority. The provisions of this Paragraph will survive the expiration or termination of this Agreement. 12. ACCESS. Landlord will be permitted access to the Premises: (i) for emergencies without prior notice to Tenant, so long as Tenant is notified as soon thereafter as reasonably practicable; and (ii) with reasonable prior notice to Tenant to make necessary repairs; in all cases provided that Tenant's equipment, technology and proprietary interests remain secure and the Communication Facility's operation is not adversely affected. At all times throughout the term of this Agreement, and at no additional charge to Tenant, Landlord will provide, as further set forth in Exhibit 1, Tenant and its employees, agents, and subcontractors, with twenty-four hour, seven day access to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. Upon Tenant's request, Landlord will execute an easement evidencing this right. In the event any public utility is unable to use the access or easement provided to Tenant then the Landlord hereby agrees to grant an additional access or easement either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all such improvements. Footings, foundations, and concrete will be removed to a depth of one foot below grade. Tenant will, to the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. Tenant will not be responsible for the replacement of any trees, shrubs, or other vegetation, nor will Tenant be required to remove from the Premises or the Property any underground utilities. 14. MAINTENANCE ; UTILITIES. (a) Tenant will, at Tenant's expense, keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. (b) Tenant will be solely responsible for and promptly pay all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service 6 5/28/99 Option Land to the Tenant. During any application period the Tenant will have the right to temporarily use Landlord's electricity and will pay the Landlord the current local utility rate for electric consumed by Tenant. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord. Tenant will pay on a monthly basis the current local utility company rate for submetered electric, after the meter is read by the Landlord and billed to Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord. 15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non-payment of Rent if such rent remains unpaid for more than thirty (30) days after receipt of written notice of such failure to pay from Landlord; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. (b) The following will be deemed a default by Landlord and a breach of this Agreement. Landlord's failure to perform any term or condition under this Agreement within forty-five (45) days after receipt of written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. 16. ASSIGNMENT/SUBLEASE. (a) Landlord may assign this Agreement provided said assignee will assume, recognize and also become responsible to Tenant for, the performance of all of the terms and conditions to be performed by Landlord under this Agreement. (b) Tenant may assign or sublet all or any part of this Agreement, and all or any rights, benefits, liabilities and obligations hereunder, to (i) any person or business entity which is a parent, subsidiary or affiliate of Tenant; (ii) any person or business entity that controls or is controlled by or under common control with Tenant; (iii) any person or business entity that is merged or consolidated with Tenant or purchases a majority or controlling interest in the ownership or assets of Tenant; or (iv) any person or business entity which is licensed by the FCC to operate a wireless communications business. Upon notification to Landlord by Tenant of any such action, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment or sublease. Tenant may not otherwise assign or sublet this Agreement without Landlord's consent. 17. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties at the addresses set forth above (as to Tenant, Attn.: System Development Manager; with a copy to AT&T Wireless Services, 10000 Goethe Road, Sacramento, CA. 95827, Attn.: John McDonough, Legal Department). Either party hereto may change the place for the giving of notice to it by written notice to the other as provided herein. 18. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not 7 5/28/99 Option Land • contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten(10)days prior written notice to the other party hereto. 19. TAXES. Tenant will pay all personal property taxes assessed on, or any portion of such taxes attributable to, the Communication Facility. Tenant, upon presentation of sufficient and proper documentation, will pay, within thirty (30) days, any increase in real property taxes levied against the Property (excluding any additional taxes that relate to the period prior to the Commencement Date, i.e., rollback taxes) which is directly attributable to Tenant's use of the Property, provided Tenant will be entitled to appeal any such increase payable by it. Landlord agrees that it will cooperate with an appeal of such taxes and will promptly pay when due all real estate taxes levied against the Property. 20. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Property, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent. 21. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property kiir within forty-eight hours of the Landlords discovery of the casualty. If any part of the Communication Facility or Property is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent. 22. BROKER FEES. Tenant and Landlord each acknowledges and represents to the other that no broker or other person was used by it in connection with this transaction. If any claims, actions or proceedings are brought against either party ("Indemnitee") by reason of any broker, finder or other person claiming to have dealt with the other party ("Indemnitor") in connection with this transaction and/or the Premises, then the Indemnitor hereby agrees to indemnify, hold harmless and defend the Indemnitee from and against all liabilities arising from such claims, and all reasonable costs and expenses incurred in connection therewith (including, without limitation, reasonable legal fees and disbursements). The provisions of this Article will survive the termination of this Agreement. 23. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Landlord hereby consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. L 8 5/28/99 Option Land 24. MISCELLANEOUS. (a) Amendment; Waiver.This Agreement cannot be amended, modified or revised unless done in writing and signed by an authorized agent of Landlord and Tenant. No provision may be waived except in writing signed by the party waiving said right. (b) Short Form Lease. Either party will, at any time upon fifteen(15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease. Either party may record this memorandum at any time, in its absolute discretion. (c) Bind And Benefit. The terms and conditions contained in this Agreement will run with the Property and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements. (e) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. (f) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable, and (vi) reference to a default will take into consideration any applicable notice, grace and cure periods. (g) Estoppel. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Failure to deliver such a statement within such time will be conclusive upon the requesting party that(i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in either party's performance, and (iii) no more than one month's rent has been paid in advance. (h) No Option. The submission of this Agreement for examination or consideration does not constitute a reservation of or option for the Premises. This Agreement will become effective as an Agreement only upon the legal execution, acknowledgment and delivery hereof by Landlord and Tenant. 9 5/28/99 Option Land • IN WITNESS WHEREOF,the undersigned has caused this Agreement to be executed this day of ,2000. "LANDLORD" Fountain Hills Unified School District, a political subdivision of the State of Arizona By: Print Name: Maria L. Menconi Its: Superintendent "TENANT" AT&T Wireless PCS, LLC, a Delaware limited liability company, d/b/a AT&T Wireless Services By: AT&T Wireless Services, Inc., a Delaware corporation, its manager By: Print Name: Dennis E. Neal Its: System Development Manager L io 5/28/99 Option Land CORPORATE ACKNOWLEDGMENT L STATE OF ARIZONA ss: COUNTY OF MARICOPA, I CERTIFY that on , 2000, Dennis Neal personally came before me and acknowledged under oath that he or she: (a) is the System Development Manager of AT&T Wireless Services, Inc., the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the corporation and (c) executed the instrument as the act of the corporation. Notary Public My Commission Expires: CORPORATE ACKNOWLEDGMENT STATE OF ARIZONA, ss: COUNTY OF MARICOPA, I CERTIFY that on , 2000, Maria L. Menconi, personally came before me and acknowledged under oath that he or she: (a) is the Superintendent_of Fountain Hills Unified School District, the corporation named in the attached instrument, (b) was authorized to execute this instrument on behalf of the corporation and (c) executed the instrument as the act of the corporation. Notary Public My Commission Expires: coy 11 5/28/99 Option Land Exhibit 1 tlipy Description of Property Lessor's Legal Description LOT 1, BLOCK 18, FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 107, ACCORDING TO BOOK 141 OF MAPS, PAGE 18, RECORDS OF MARICOPA COUNTY, ARIZONA, EXCEPT THE FOLLOWING DESCRIBED PROPERTY COMMENCING AT THE CENTERLINE INTERSECTION OF DEL CAMBRE AVENUE, 70.00 FEET IN WIDTH AND EL SOMBRE AVENUE, 70.00 FEET IN WIDTH, AS SHOWN ON SAID FINAL PLAT NO. 107; THENCE SOUTHERLY ALONG SAID CENTERLINE OF EL SOBRANTE AVENUE, SOUTH 23 DEGREES 15 MINUTES 00 SECONDS EAST 55.00 FEET; THENCE SOUTH 66 DEGREES 45 MINUTES 00 SECONDS WEST, 35.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE WESTERLY RIGHT—OF—WAY OF SAID EL SOBRANTE AVENUE; THENCE SOUTHERLY ALONG SAID RIGHT—OF—WAY, SOUTH 23 DEGREES 15 MINUTES 00 SECONDS EAST, 276.57 FEET TO A POINT BEING ON THE SOUTHERLY RIGHT—OF—WAY OF CALIENTE WASH, SAID POINT ALSO BEING ON A CURVE BEING CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 515.00 FEET; THENCE WESTERLY ALONG SAID RIGHT—OF—WAY AND CURVE THROUGH A CENTRAL ANGLE OF 02 DEGREES 29 MINUTES 50 SECONDS, AN ARC LENGTH OF 22.45 FEET; THENCE SOUTH 68 DEGREES 55 MINUTES 00 SECONDS WEST, 312.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 435.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59 DEGREES 17 MINUTES 05 SECONDS, AN ARC LENGTH OF 450.10 FEET TO A POINT BEING ON THE SOUTHEASTERLY RIGHT—OF—WAY OF AFOREMENTIONED DEL CAMBRE AVENUE, SAID POINT ALSO BEING ON A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 615.00 FEET, A RADIAL LINE PASSING THROUGH SAID POINT BEARS NORTH 48 DEGREES 01 MINUTES 37 SECONDS WEST, THENCE NORTHEASTERLY ALONG SAID RIGHT—OF—WAY AND CURVE THROUGH A CENTRAL ANGLE OF 24 DEGREES 46 MINUTES 37 SECONDS, AN ARC LENGTH OF 265.95 FEET; THENCE NORTH 66 DEGREES 45 MINUTES 00 SECONDS EAST 422.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 00 MINUTES 00 SECONDS, AN ARC LENGTH OF 31.42 FEET TO THE POINT OF BEGINNING. EXCEPT ALL MINERALS AS RESERVED UNTO THE UNITED STATES OF AMERICA IN PATENT OF SAID LAND RECORDED FEBRUARY 28, 1956 IN DOCKET 1839, PAGE 426, RECORDS OF MARICOPA COUNTY, ARIZONA; AND ALSO EXCEPT ALL GAS, COAL AND MINERALS WHATSOEVER, ALREADY FOUND OR WHICH MAY HEREAFTER BE FOUND IN OR UNDER SAID LAND; AND ALSO EXCEPT ALL UNDERGROUND WATER, IN, UNDER OR FLOWING THROUGH SAID LAND AND WATER RIGHTS APPURTENANT THERETO. AT&T Initials: Landlord Initials: 12 5/28/99 Option Land EXHIBIT 2 DESCRIPTION OF PREMISES Lease Site Legal Description A PORTION OF LOT 1, BLOCK 28, FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 107, ACCORDING TO BOOK 141 OF MAPS, PAGE 18, RECORDS OF MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON A CURVE ON DEL CAMBRE AVENUE, SAID POINT BEING THE INTERSECTION OF THE MONUMENT LINES OF DEL CAMBRE AVENUE AND ALAMOSA AVENUE AND FROM WHICH A POINT ON SAID CURVE BEING THE INTERSECTION OF THE MONUMENT LINES OF DEL CAMBRE AVENUE AND CALLE DE PRADA BEARS NORTH 35 DEGREES 35 MINUTES 00 SECONDS EAST A DISTANCE OF 499.61 ILL!; THENCE ALONG THE CHORD BETWEEN SAID POINTS, NORTH 35 DEGREES 35 MINUTES 00 SECONDS EAST, A DISTANCE OF 214.52 htt I TO A POINT; THENCE DEPARTING SAID CHORD, SOUTH 89 DEGREES 23 MINUTES 29 SECONDS EAST, A DISTANCE OF 136.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 23 MINUTES 29 SECONDS EAST, A DISTANCE OF 40.00 FEET TO A POINT THENCE SOUTH 00 DEGREES 36 MINUTES 31 SECONDS WEST, A DISTANCE OF 20.00 FEET TO A POINT, THENCE NORTH 89 DEGREES 23 MINUTES 29 SECONDS WEST, A DISTANCE OF 40.00 FEET TO POINT A; THENCE NORTH 00 DEGREES 36 MINUTES 31 SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. AND BEGINNING AT SAID POINT A; THENCE SOUTH 84 DEGREES 50 MINUTES 01 SECONDS WEST, A DISTANCE OF 21.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 36 MINUTES 31 SECONDS WEST, A DISTANCE OF 10.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 23 MINUTES 29 SECONDS WEST, A DISTANCE OF 10.00 FEET TO A POINT; THENCE NORTH 00 DEGREES 36 MINUTES 31 SECONDS EAST, A DISTANCE OF 10.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23 MINUTES 29 SECONDS EAST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. AT&T Initials: Landlord Initials: 13 5/28/99 Option Land \ , 0F` C'9iye9L. � EXHIBIT 2 - co inued \ \ \ DESCRIPTION OF PREMI haU� 4.7 \ \ o� \ ,. 7., N, . ....„,, ., „..„ , ,1' O em a°y s? \ \ � K \ / 1 N �O' 6 ,� \�� N F 0 0 P' \ 1 O N 6p. 0 < N j (IF, L , 4rs, co:/ 3 zo: ?1 CP 41) \e- n N 45?..., 4r . \, o � 1. Pole Lease Site o t ;>>� O e to ,,�y 1. , L8 I /i N. / 1 < DOINGFIELDIJGHT L6 ) /, 0�0TOP 1782.1 ) .fis 'lej� LIGHT 1779.2 O r [ / ���LIGHT 177. GRND 1688.9 L4 " / e� '� o;4, POINT A' Ø 1,„..."4, ; L2 :'$1) Equipment Lease Site 0 / AT&T Initials: LILandlord Initials: / / 5/28/99 '{ / Option Land II;; kI2.. R= 4 ' Ne 4., / i.!6 ' / EXHIBIT 3 SUBORDINATION,NON-DISTURBANCE AND ATTORNMENT AGREEMENT THIS AGREEMENT ("Agreement"), dated as of the date below, between having its principal office/residing at , (hereinafter called "Mortgagee") and , a having its principal office/residing at ("Landlord"), and having an office at (hereinafter called"Tenant"). WITNESSETH: WHEREAS, Tenant has entered into a certain lease dated , 1998, (the "Lease") with Landlord,covering property more fully described in Exhibit 2 attached hereto and made a part hereof(the"Premises");and WHEREAS,Landlord has given to Mortgagee a mortgage(the "Mortgage")upon property having a street address of , being identified as Lot in Block in the of County, State of ("Property"), a part of which Property contains the Premises; WHEREAS, the Mortgage on the property is in the original principal sum of ($ ) Dollars, which Mortgage has been recorded in the appropriate public office in and for County, ("Mortgage");and WHEREAS, Tenant desires to be assured of continued occupancy of the Premises under the terms of the Lease and subject to the terms of this Agreement; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged,the parties hereto, intending to be legally bound hereby,agree as follows: 1. So long as this Agreement will remain in full force and effect, the Lease is and will be subject and subordinate to the lien and effect of the Mortgage insofar as it affects the real property and fixtures of which the Premises forms a part(but not Tenant's trade fixtures and other personal property),and to all renewals,modifications,consolidations, replacements and extensions thereof, to the full extent of the principal sum secured thereby and interest thereon, with the same force and effect as if the Mortgage had been executed, delivered, and duly recorded among the above-mentioned public records,prior to the execution and delivery of the Lease. 2. In the event Mortgagee takes possession of the Premises as mortgagee-in-possession, including but not limited to by deed in lieu of foreclosure or foreclosure of the Mortgage, Mortgagee agrees not to affect or disturb Tenant's Nor right to possession of the Premises and any of Tenant's other rights under the Lease in the exercise of Mortgagee's rights so 14 5/28/99 Option Land long as Tenant is not then in default, after applicable notice and/or grace periods, under any of the terms, covenants, or conditions of the Lease. 3. In the event that Mortgagee succeeds to the interest of Landlord or other landlord under the Lease and/or to title to the Premises,Mortgagee and Tenant hereby agree to be bound to one another under all of the terms,covenants and conditions of the Lease;accordingly, from and after such event,Mortgagee and Tenant will have the same remedies against one another for the breach of an agreement contained in the Lease as Tenant and Landlord had before Mortgagee succeeded to the interest of Landlord;provided,however,that Mortgagee will not be: (a) personally liable for any act or omission of any prior landlord (including Landlord);or (b) bound by any rent or additional rent which Tenant might have paid for more than the one month in advance to any prior landlord(including Landlord). 4. In the event that anyone else acquires title to or the right to possession of the Premises upon the foreclosure of the Mortgage, or upon the sale of the Premises by Mortgagee or its successors or assigns after foreclosure or acquisition of title in lieu thereof or otherwise, Tenant agrees not to seek to terminate the Lease by reason thereof,but will remain bound unto the new owner so long as the new owner is bound to Tenant(subject to paragraph 3 above)under all of the terms,covenants and conditions of the Lease. 5. Mortgagee understands, acknowledges and agrees that notwithstanding anything to the contrary contained in the Mortgage and/or any related financing documents, including, without limitation, any UCC-1 financing statements, Mortgagee will acquire no interest in any furniture, equipment and/or other property installed by Tenant on the Property. (ii . Mortgagee hereby expressly waives any interest which Mortgagee may have or acquire with respect to such furniture, equipment and/or other property of Tenant now, or hereafter, located on or affixed to the Property or any portion thereof and Mortgagee hereby agrees that same do not constitute realty regardless of the manner in which same are attached or affixed to the Property. 6. This Agreement will be binding upon and will extend to and benefit the successors and assigns of the parties hereto and to any assignees or subtenants of Tenant which are permitted under the Lease. The term "Mortgagee", when used in this Agreement will be deemed to include any person or entity which acquires title to or the right to possession of the Premises by,through or under Mortgagee and/or the Mortgage,whether directly or indirectly. 15 5/28/99 Option Land IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed this day of 1998. WITNESS/ATTEST: Landlord: a BY: [SEAL] Name: Title: WITNESS: Tenant: BY: Name: Title: ATTEST OR WITNESS: MORTGAGEE: BY: [SEAL] Name: Title: 16 5/28/99 Option Land MAIN\ (11111, ft2: 0010.7 MEMORANDUM TO: Honorable Mayor and Town Council FROM: Julie Ghetti THROUGH: Paul Nordin RE: Ordinance No. 00-17 Tax Levy DATE: August 10, 2000 As part of the 2000-2001 budget process, the Council approved the Debt Retirement section in the amount of$883,285. This amount allows for the payment of principal and interest on the Town's General Obligation Bonds for the street paving project, the Lakeside open space and the library/museum. The approval of Ordinance 00-17 is the final step in the budget process and authorizes the Maricopa County Finance Department to levy the appropriate property tax necessary to make the debt service payment for fiscal year 2000-2001. There is a difference between the amount adopted with the budget and the actual tax levy of $707,600 that will be approved in Ordinance 00-17. This is due to adjustments for prior year carry forward, interest earnings, a delinquency factor and credit for SRP in-lieu taxes. Staff recommends approval of Ordinance 00-17. Note: Based on the June 6, 2000 Preliminary Assessed Values, the approximate tax rate per$100 of assessed value will be $0.3274 or$32.74 per$100,000 residential home. L ORDINANCE NO.00-17 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE,2001. WHEREAS, by the provisions of State law, an ordinance is required to set the property tax levy for fiscal year 2000-2001; WHEREAS, the County of Maricopa is assessing and collecting authority for the Town of Fountain Hills, the Clerk is hereby directed to transmit a certified copy of this ordinance to the County Assessor and the Board of Supervisors of the County of Maricopa,Arizona; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: SECTION 1. There is hereby levied on each one hundred dollars ($100.00) of assessed valuation of all property, both real and personal, within the corporate limits of the Town of Fountain Hills, except such property as may be by law exempt from taxation, a secondary property tax rate sufficient to raise the sum of kir $707,600 for the purpose of providing a bond interest and redemption fund for General Obligation Bond debt service for the fiscal year ending June 30,2001. SECTION 2. Failure by the county officials of Maricopa County, Arizona, to properly return the delinquent list, any irregularity in assessments or omissions in the same, or any irregularity in any proceedings shall not invalidate such proceedings or invalidate any title conveyed by any tax deed; failure or neglect of any officer or officers to timely perform any of the duties assigned to him or to them shall not invalidate any proceedings or any deed or sale pursuant thereto, the validity of the assessment or levy of taxes or of the judgement of sale by which the collection of the same may be enforced shall not affect the lien of the Town of Fountain Hills upon such property for the delinquent taxes unpaid thereon, and no overcharge as to part of the taxes or of costs shall invalidate any proceedings for the collection of taxes or the foreclosure; and all acts of officers de facto shall be valid as if performed by officers de jure. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona,this 14th day of August,2000. A'1^�;EST: //''Ak11 ? , L J Cassie B.Hansen,Town Clerk Sharon Morgan,Mayor APP'OV`D AS TO FO REVI ED B G i ham E.Farrell,Town Attorney P 1 L. r m,Town Manager Town of Fountain Hills Memorandum DATE: August 9, 2000 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Directo THROUGH: Paul L. Nordin,Town Manager SUBJECT: Appointment of a Member of the Community to Serve on the McDowell Mountain Preservation Commission Several weeks ago Arnold Roy resigned from the McDowell Mountain Preservation Commission (MMPC). Although a resident of the City of Scottsdale,Mr. Roy had served with distinction on the MMPC for several years. The Town advertised for several weeks that there was a vacant seat on the MMPC and that the Town was accepting applications for the seat. The Town has received applications(attached)from four people. They are, in alphabetical order, Sam L. Garfinkel, Grace P. Jakubs,Charles Post and Michael A. Rohn. As is the Town's custom,the Mayor will have the privilege at Monday evening's meeting to nominate one of the applicants for the vacant seat. An affirmative majority vote of the Town Council is needed to appoint that person to the McDowell Mountain Preservation Commission. L (. TOWN OF FOUNTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE FOR APPOINTMENT TO THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION NAME: t /1/ • ateimi/r//<tqe' PHONE: 837- ADDRESS: ti' w G . -06 I$t ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS? f/ YES NO PLEASE S YOUR EDUCATIONAL BACKGROUND: ,49f , rh;8T/01 (InAding colleges atttended and degrees obt ' ed, ' y) fl‘W 4J(k - i T r4[tc,q ,,e 6 fcI 0/1f;+N cQ ii 1110CRY- ir-STre 40/cbe Afraffiex /4%, PRESENTLY EMPLOYED BY: .77. / JOB TITLE: PHONE: BUSINESS ADDRESS: PHONE: CURRENT ORGANIZATIONAL MEMBERSHIPS &OFFICES HELD: 4/WNW VOWita IPC xl /1M kst ,f,f pcsir-grp° ' ' `'PAST ORGANIZATIONAL MEMBERSHIPS &uatx CE HELD: wc- ,A5ri r /e/ 7,e rn'7 /ff,fI;fe Ate& oc ,ow w �, DATE: - SIGNA FIDETnrf..M.J. (,. TOWN OF FOUNTAIN HILLS McDOWELL MOUNTAIN PRESERVATION COMMISSION Please explain and describe why you are interested in serving on the Fountain Hills McDowell Mountain Preservation Commission. Also please state what your goals and objectives in serving on the Commission would be. Finally, please indicate your feelings about the growth and development that you now see taking place i• our community. Attach addit'. al sheet,if n essary. / pbearze..- _ ., a a , ide , , , . Aeodiettia" . 74 /dot /L/iii 1' ir i2 / 1 i 1 / .4/ 'i / OF i ala / / /5 V It CtitItfite/elegee / " Allf/ 4, / If' 'i *** ' //�./ r it , I / / /1� ' , / t," f,�� __ 4 44/t I' ' / / dL. e, limildift1=8. ' , /� /, // I I / 1 , i 1de4f / j ,i / i' • Jgn , • ' • TOWN OF FOUNTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE FOR APPOINTMENT TO THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION NAME: ( 9c'�- � /A i<il i°; PHONE: -' ADDRESS: /654/() /V ,r/sif11) ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS? X YES NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained,if any) PRESENTLY EMPLOYED BY: JOB TITLE: PHONE: — BUSINESS ADDRESS: PHONE: '—-- CURRENT ORGANIZATIONAL MEMBERSHIPS & OFFICES HELD: PAST ORGANIZATIONAL MEMBERSHIPS &OFFICES HELD: DATE: ', SIGNATURE: :0 f 1 1 9 GRACE JAKUBS { 16440 North Aspen Drive, Fountain Hills, Arizona 85268, (480) 816-3332 EMPLOYMENT HISTORY AMERITECH/ILLINOIS BELL, Chicago 1979 -1993 Director- Public Programs and Special Events Manager - Public Relations and Advertising Research Manager- Community Speaker Programs Associate Editor— Employee Communications Planned Parenthood of Chicago 1976 -1979 Director— Public Relations Grace Peters Jakubs & Associates, Chicago, Illinois 1960 - 1976 Consultant— Marketing communications and events management Coordinator and Writer— Fashion productions and promotion Public Speaker— Programs for associations and businesses Columbia College, Adjunct Faculty (Business Writing and PR) 1984 - 1987 GUEST LECTURER Northwestern University: Improving Communication Skills Western Illinois University: Putting Your Degree to Work Loyola University/Chicago: Understanding Community Relations Loyola University/Rome, Italy: Communicating in a Multicultural Society Roosevelt University/Chicago: Good PR begins with Employees University of Illinois/Chicago: Corporate Communications Thornton Community College: Power of Nonverbal Communication United Way of Chicago: Community Relations and Special Events Women in Communication Conference: Business and Public Affairs NASCA Conference: Marketing Speaker Programs EDUCATION MBA, Lake Forest Graduate School of Management B.A., University of Illinois Advanced Courses: Managing Critical Issues; Financial Communications; Public Relations Research; Marketing and Advertising; Corporate Community Relations; Speech Writing MEMBERSHIPS AND OFFICES, PAST Public Relations Society of America, Director— Chicago Chapter (four yrs.) Publicity Club of Chicago, Director (five yrs.), President Women in Communications, Inc. North Shore Chapter, Director (five yrs.), President Red Cross Mid-America Chapter, PR Committee (five yrs.) United Way of Chicago, Pr Committee (four yrs.) �r International Fashion Group, Chicago Area Chapter, Director (six yrs.) GRACE JAKUBS 16440 North Aspen Drive, Fountain Hills, Arizona 85268, (480) 816-3332 Loy MEMBERSHIP AND OFFICES - CURRENT Senior Services of Fountain Hills - Director Fountain Hills Civic Association - Newsletter, Community Center Fund Raising Fountain Hills Investment Group - Financial Officer Mayo Clinic Scottsdale/Phoenix—Volunteer newsletter, writer/editor EMPLOYMENT ACCOMPLISHMENT HIGHLIGHTS Strengthened company presence in the Capital by planning and directing Ameritech events in Washington, D.C., coincident with underwriting Chicago Symphony Orchestra performances at the Kennedy Center. Enhanced relations between the Hispanic community and Illinois Bell through an award- winning program featuring art exhibits, civic leader events, cultural receptions, student tutorials and Emmy Award bilingual videotapes. Promoted Ameritech's civic image through corporate sponsorship of the International Theatre Festival, Illinois Young Performers Concert, and nonprofit organization fundraisers. Garnered employee support and public recognition of Illinois Bell's changing role in the lie information age role through closure of the company's Telephony Museum and donation of valuable contents to the Chicago Historical Society. Gained widespread approval for Illinois Bell's commitment to quality education by writing a nationally distributed publication about the Chicago Local School Council program. Diffused a damaging corporate public affairs issue by negotiating an Illinois Commerce Commission approved agreement between the Illinois Library System, Don Tech Publishers and Illinois Bell. Responded to a request from the Chicago Public Schools for media and community relations assistance by leading the Publicity Club of Chicago in an all-day seminar for 600 public school principals and administrators. Generated community understanding of corporate issues through presentations of some 10,000 programs in four-years by a 100-member volunteer speaker bureau. Improved presentation skills of corporate officers and senior management through Public Speaking Workshops, coaching speakers and writing and editing speeches. Planned and directed fashion productions, retail store openings and vendor-sponsored events for Monsanto Corporation, Chicago area shopping centers and leading retailers. TOWN OF FOUNTAIN HILLS McDOWELL MOUNTAIN PRESERVATION COMMISSION Please explain and describe whyyou are interested in serving on the Fountain Hills McDowell Mountain Preservation Commission. Also please state what your goals and objectives in serving on the Commission would be. Finally, please indicate your feelings about the growth and development that you now see taking place in our community. Attach additional sheet,if necessary. car r - Grace P. Jakubs 16440 North Aspen Drive, Fountain Hills, Arizona 85268 (480)816-3332 APPLICATION FOR MCDOWELL MOUNTAIN PRESERVATION COMMISSION Why am I interested in serving on the Commission? My interest in serving on the Fountain Hills McDowell Mountain Preservation Commission has a dual source: My desire to be a contributing citizen; and, my thrust to help preserve the natural beauty and character of the McDowell Mountains. I believe the McDowell Mountains are an irreplaceable asset that should be maintained now and in the future as a source of satisfying views and as a place for public access trails, bringing people closer to protected plant, wildlife and geological formations. I first came under the spell of the McDowell Mountains in 1995. My husband and I visited Fountain Hills in our search for a community in a major metropolitan area where we could live and dedicate our energies after retiring from our jobs. We loved the splendid sight of this town, framed by rugged mountains, freed by generous open spaces and sporting a diverse ecology. Because of the McDowell Mountains, we purchased a lot and later a house in Fountain Hills. My goal in serving on the commission is: To help establish the McDowell Mountain Preserve within the borders of Fountain Hills so that plant and wildlife, the unique natural beauty, open spaces and protected ecology can be enjoyed for viewing and for public access on designated trail systems. My objectives in serving on the commission are: - to aid in developing a plan for management and maintenance of the Preserve. - to assist in preparing a trail system and trail use policies for the Preserve. - to seek input from citizens and build consensus so that the Preserve meets the needs of citizens. - to foster instructional opportunities in the Preserve for citizens of all ages in cooperation with schools, Parks & Recreation and other groups within Fountain Hills. My Feelings about Growth and Development: As I consider my feelings about the growth and development now taking place in our community, I am reminded of the lyrics -- "This land is my land. This land is your land." In Fountain Hills, citizens would sing, "this land is our land." Fountain Hills stimulates the senses with wonderful views, rugged washes, environmental sensitivity and dedicated citizenry. In many ways and on many occasions, citizens freely provide input. They share their hopes and ideas for our Town. They search for thoughtful and reasoned decisions. People build toward common ground. They don't always agree. In fact, they often disagree—vocally and frequently — as they share their views. Yet, through a sometimes slow and painful process of deliberation, citizens work to achieve the best for our Town. Grace P. Jakubs 16440 North Aspen Drive, Fountain Hills, Arizona 85268 (480)816-3332 L All citizens benefit from a "willingness to listen" demonstrated consistently by Town Council and staff. These service-oriented people carefully consider all aspects of a project, moving carefully to protect citizens' interests. They seldom show the stress they must often feel as they work in our rapidly developing town, receiving continuous input from citizens. Our Chamber of Commerce, Civic Association, Senior Services, fraternal and social clubs, schools, businesses and other organizations offer programs and activities to meet the needs of all citizens. And, if the needs are not being met, interested individuals will surely gather, forming committees dedicated to filling the void. Most architecture satisfies visually. Although I would like to maintain maximum open space, I accept that "our land" will change as growth continues toward build-out. I experience a sense of comfort, knowing that I can trust Planning and Zoning, staff reviews, Council vigilance and citizen dedication to enforce the high standards for building and development that have been established for our town. I am concerned about how to finance the many projects, programs and activities in the �r works and on planning boards for the town. We need to attract new business and foster the growth of established business. We need to search for grants and gifts to ease the burden on town's finances. And, unpleasant and controversial as it may be, we may have to add new tax sources Satisfying the many diverse needs of our citizens cost money. Yet, I believe that most citizens agree that their investments in the town are well spent. We see the results in the beauty that lifts our spirits and the many activities that engage us. TOWN OF FOUNTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE FOR APPOINTMENT TO THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION NAME: Z 2 E ` '�5't" PHONE: Y8 0 —8/6 —9 9 y ADDRESS: q 0 3,P- /14 (—Ito ARE YOU REGISTERED TO VOTE IN TOWN FT.F.CTIONS? NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained,if any) egiz."Lait PRESENTLY EMPLOYED BY: / Z JOB TITLE: < PHONE: 6 °a - BUSINESS ADDRESS: PHONE: CURRENT ORGANIZATIONAL MEMBERSHIPS &OFFICES HELD: PAST ORGANIZATIONAL MEMBERSHIPS &OFFICES HELD: ea cS7C D L� `3 -ate — /ter{s.,'�� DATE: 7 4,2 31c c SIGNATURE: L, r JUL 272000 11 4,1 TOWN OF FOUNTAIN HILLS McDOWELL MOUNTAIN PRESERVATION COMMISSION Please explain and describe whyyou are interested in servingon the Fountain Hills McDowell Mountain Preservation Commission. Also please state what your goals and objectives in serving on the Commission would be. Finally, please indicate your feelings about the growth and development that you now see taking place in our community. Attach additional sheet,if necessary. ls /l�C 'LY Cu Y /.3 i c9 �'o u ,<,c-. 2-7 A-) A/._C.S ItNJ S J.e'e a lJ /V'D I n/� ..T -74720.c, y lJ ,uEe -S, AztA YET 4-i- H L 5ALM,f. € 7`7r+) C C-0 U/e.-4Q Z. Co n-1 U N / T y u'/Gt�(.J f�F} 1- s j'K-PN 'D) c v 4- r '13 01- fi 'S i0U Ilia , / A) S 472 6=1/eti y'L. Pri o V C_. o-r- ` %' ES t, y Y (p0,4L5 1 c 1 I"- UoLyEZ> C-0h-7,NU a 17y . f--I N b U A-i 1-A I N S � ES 5 , /mow / N LD / C ' L f Fesg � � � Th.(tea I- (j v I-V /4-1--/D ()N/ Y J E 5 y 1 - k. u.r ,'l t.�;' '.."' f.rf Y's+E,"ry"4A...•�` °::.1s aii0`i...".. .`t�z r.-A 71- t t Sr•T .s� tt- ,t-t , it.?.l aL�tr �i1,�RRra x-, cs F �. i xt F ,t - . ..qG y rj '� _ :. CHARLES L. POST 4 9032 Non]) Bizoken Bow -. - FounTarn Hills,rAiuzona 85268 480-816-444�4:_ -- PROFESSIONAL -• - EDUCATION: -Bachelors Degree from University ;, - - -Experience with store management,welding supply sales, automotive aftermarket sales,woodworking and machinery products,hardware supplies_ , -Numerous seminars and education regarding sales and - marketing,. -Extensive background with territory development and traveling PROFESSIONAL EXPERIENCE -Machinery/Tool Territory Sales. . -Multiple machinery line representation 1991- -Manage hardware and machinery sales in 2000 Iowa and Nebraska;represent machinery: vendors including SCMI,NTinimax,Delta Evans,and Unique 1995 Salesman of the Year Award;aggressive with program development and follow-up of machinery leads < 1989- -EUTECTIC CTIC-GASTOLIN,Flushing,New York , 1991 - -Sales presentations of welding products;Demonstrated: new products to customers;set up displays;sales - promotions via various media including radio/TV/ brochures _ -Responsible for new accounts;to maintain product line;trouble- - shot problems and provided follow-up service. Previous -U-HAUL STORE MANAGEMENT _ Experience: Wallcovering/interiorproducts/window treatment' PERSONAL -Long term marriage to Jan,professional nurse,and have one son Aaron,college graduate.' -Goal oriented,a self-starter,works independently and enjoys territory development,works well with.. people,willing to travel and develop territory. **References provided on request. MICHAEL A. ROHN 13700 North Fountain Hills Boulevard, #101 Fountain Hills, Arizona 85268 480.836.4555 L July 21, 2000 Town Hall 16836 East Palisades Fountain Hills, Arizona 85268 Attention: Town Council Subject: Application for McDowell Mountain Preservation Commission Dear Sir/Madam: Please accept the enclosed application and professional résumé offered to fill the vacancy on the McDowell Mountain Preservation Commission. Please contact me at 480-836-4555 should you wish to further discuss my background. (beCordially, Michael A. Rohn J�NR JUL 21 2000 i1 1 MICHAEL A. ROHN 13700 North Fountain Hills Boulevard, #101 Fountain Hills, Arizona 85268 480.836.4555 Lorr SUMMARY: I am a dedicated and hard-working professional with years of multifaceted experience. In addition to exceptional abilities, I possess a commendable work ethic, tenacious spirit, and a desire to continually grow. I serve faithfully with admirable success. I am enthusiastic to begin a new career. EDUCATION: Bachelor of Science in Aeronautical and Astronautical Engineering University of Illinois at Champaign-Urbana(1994) PROFESSIONAL EXPERIENCE: The Henry Pratt Company, A Tyco International Ltd. Company 1996 to June, 2000 Nuclear Project Manager Led a multi-disciplinary team of engineering, quality, procurement, manufacturing, and marketing staff for the supply of nuclear safety related components. Enforced compliance to ASME Section III Code under a 10CFR50 Appendix B Nuclear Quality Assurance Program. Utilized Six Sigma techniques. OEM Account Manager Interfaced with contracts, finance, legal, manufacturing, quality, engineering, and senior management to avoid or resolve customer conflicts or product defects. Offered exclusive direct factory support to Original Equipment Manufacturers(OEM's). Senior Application Engineer Performed the duties of Application Engineer on multi-million dollar, high-visibility, complex projects. Took lead responsibility for securing technically accurate proposals while achieving the lowest cost- effective solution. Application Engineer Provided specification review and priced proposals for water/wastewater projects under the guidelines of the American Water Works Association(AWWA). Position required assessment of detailed design and bid requirements. Crane Nuclear, Inc., A Division of Crane Company, Inc. 1994 to 1996 Engineer Conducted preliminary design review for potential new projects and proposals. Worked with Product Managers to verify exact compliance with customer specifications. Issued technical proposals and bulletins for new products. NOTABLE HIGHLIGHTS: 46, • Served as General Manager for 400+employees on special assignment • Outstanding Written, Oral, and Presentation Skills • Proficient in Microsoft Office and others • Well-Organized, Exact, and Timely Email: mrohn(cr�juno.com TOWN OF FOUNTAIN HILLS BACKGROUND AND PERSONAL DATA OUTLINE FOR APPOINTMENT TO THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION NAME: Michael Rohn PHONE: 836-4555 ADDRESS: 13700 Fountain Hills Boulevard, #101 ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS? YES X* NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) See attached resume PRESENTLY EMPLOYED BY: unemployed - recent relocation JOB TITLE: n/a PHONE: n/a BUSINESS ADDRESS: n/a PHONE: n/a CURRENT ORGANIZATIONAL MEMBERSHIPS &OFFICES HELD: non current - recent relocation PAST ORGANIZATIONAL MEMBERSHIPS &OFFICES HELD: American Institute of Aeronautics and Astronautics (member) YMCA (member of Awards Dinner Planning Committee) DATE: July 21 , 2000 SIGNATURE: * recent relocation - registration in progress L 1 TOWN OF FOUNTAIN HILLS McDOWELL MOUNTAIN PRESERVATION COMMISSION Lie Please explain and describe whyyou are interested in serving on the Fountain Hills McDowell Mountain Preservation Commission. Also please state what your goals and objectives in serving on the Commission would be. Finally, please indicate your feelings about the growth and development that you now see taking place in our community. Attach additional sheet,if necessary. L MICHAEL A. ROHN 13700 North Fountain Hills Boulevard, #101 Fountain Hills, Arizona 85268 480.836.4555 L Essay: As a former resident of Naperville, Illinois, just outside Chicago, I have seen population growth and business development at remarkable rates. A few years ago, Naperville was ranked #1 in the nation for raising children. The resultant growth was poorly anticipated and the community had suffered with over congestion. Naperville had lost its community feel. As a result of witnessing the ill effects of unplanned growth in Illinois, I am interested in serving on the Fountain Hills McDowell Mountain Preservation Commission in order to: • Be active in controlled and smart town development • Offer suggestions to preserve and protect our natural resources • Maintain a sense of community by offering a place to escape city disharmony It is my belief that development is good. But I support only controlled development whereby the Lcommunity can benefit. It is impossible to satisfy all desires, but there are some things that some residents appreciate without every realizing. One example is the McDowell Mountains — the natural barrier that makes Fountain Hills a community and not just a place to live. One of the best ways to keep the community feel is to promote preservation. My goal is simply to provide a smart approach with an engineer's intuition. Being a new resident to Fountain Hills, I desire to actively participate in controlled growth and preserve the things most precious to our residents. Sincerely, Ct Michael Rohn L