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Home My WebLink About2001.1018.TCREM.Packet/TAIN �l 3 0 4 1959 t is fu'r Councilman McNeill Councilman Wyman Councilwoman Fraverd NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilwoman Hutcheson Vice Mayor Kavanagh Councilwoman Ralphe WHEN: THURSDAY, OCTOBER 18, 2001 TIME: 5:00 P.M. (The Council will meet in executive session from 5:00 to 6:30. 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 1118190 fhe Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere orne 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.3., A.R.S. §38431.03.A.7., AND A.R.S. §38431.03.A.1, VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation for legal advice with the attorney or attorneys of the public body (specifically regarding intergovernmental relations); 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 (specifically the revised lease for the Town Hall offices); respectively AND for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting; (specifically to AC discuss law enforcement); respectively. Town of Fountain Hills Page 1 of 2 Last printed 10/16/01 1:14 PM CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Morgan INVOCATION — Rev. Mark Lansberry from the Fountains ROLL CALL ,ft- MAYOR'S REPORT: • the medical condition of Town Manager Paul Nordin • Lynda Cote will present a check to the Mayor from the German Club and American Red Cross from their 911 fundraising efforts showing support of our local law enforcement officers and fire fighters consent 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 October 2 and 4, 2001. *2.) Consideration of RESOLUTION 2001-44, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located along the northeasterly property line of Lot 2, Block 4 of Plat 605D, (15650 E. Mustang Drive) as recorded in Book 164 of Maps, Page 15 records of Maricopa County, Arizona. (Mike & Jodi Beishir) EA01-23 with stipulation. *3.) Consideration of an AUTHORIZED INCREASE to the Southwest Slurry Annual Contract in the amount of $280,000. *4.) Consideration of the FINAL PLAT for "Parcel 12", a 5 lot, 3 tract commercial subdivision located between Kiwanis Drive and El Lago Boulevard, east of Saguaro Boulevard: Case # S2000-037. 5.) Discussion and possible action regarding the FOUNTAIN HILLS FIRE DISTRICT and the preservation of the status quo by requesting that the Rural Metro contract be extended through June 30, 2002. 6.) Consideration of an AMENDED LEASE with Dr. Lukenda for the Town Hall office complex located at 16836 East Palisades Boulevard. 7.) Consideration of a DEVELOPMENT AGREEMENT between the Town and the Inn at Eagle Mountain. The development agreement would facilitate a proposed expansion of the hotel by facilitating and documenting a Town Council waiver of the Town's land disturbance regulations in exchange for an in -lieu contribution that the Town could use to acquire and preserve hillside lands within the Town. 8.) 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 individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be out on a 9.) ADJOURNMENT. DATED this 16`h day of October, 2001 1-1) 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 or to obtain agenda information in large print format. Supporting documentation and staff reports famished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 2 of 2 Last printed 10/16/01 1:14 PM October 17, 2001 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION NJyY Date: 10/ 17/ 2001 Re: CHANGES TO THE 10/18/01 COUNCIL AGENDA There are just two changes to the agenda that I would like to point out to you. These include the following: OLD AGENDA ITEM #8 — CUT & FILL WAIVER FOR THE VILLAS AT FIREROCK At the request of the applicant, this item was removed and continued to the November Council meeting. OLD AGENDA ITEM #9 — PRELIMINARY PLAT FOR THE VILLAS AT FIREROCK At the request of the applicant, this item was removed and continued to the November Council meeting. Bill has written a confidential memo regarding the Fountain Hills Fire District special meeting. It is my understanding that Tim emailed that document to you so we will not deliver a mini -packet at this point. If you were unable to open the document, please let us know and we will make sure you get a copy before the meeting. Since there were no other materials to deliver to you, we will place your "purple" agendas in your mail boxes and make sure they are at your seats on the dais. The revised lease is still on the agenda. Bill said he would distribute it to you in executive session and review the changes. If you would like more time to review the document, he will ask for a continuance to the November 1 meeting. For clarification, the Fire District issue is agendized during the executive session under "discussion for legal advice with the attorney" (specifically regarding intergovernmental relations). I apologize for any confusion. tPage 1 of 1 Updated Agenda Items 10/18/01 Last printed 10/17/2001 4:34 PM 10/17/200' f MEMORANDUM TO: THE HONORABLE MAYOR MORGAN AND TOWN COUNCILMEMBERS FROM: WILLIAM E. FARRELL, ACTING TOWN MANAGER DATE: OCTOBER 12, 2001 RE: MANAGER'S REPORT FOR THE OCTOBER 18TH COUNCIL MEETING REMINDERS: An Executive Session is scheduled to immediately precede the Thursday's regular meeting at 5:00 p.m. in the Jury Room. A light fare will be available. The Council meeting will immediately follow at 6:30 p.m. in Council Chambers. The annual League Conference in Yuma is fast approaching. Your room and registration confirmations have arrived and Sue will distribute the pertinent information to you next week via email. The logo shirts should arrive by next Friday and will be placed in your boxes for your use at the Conference. MAYOR'S REPORT: Immediately following roll call, Mayor Morgan will update the public on Paul Nordin's medical condition, and a check from the German Club and the American Red Cross will be presented. CONSENT AGENDA: There are four items on the consent agenda. Please review each item and contact me should you determine if any should be removed. AGENDA ITEM # 5 — FOUNTAIN HILLS FIRE DISTRICT: The acting town manager will also provide information to you regarding this issue via email this weekend. Hard copies will be placed in your mailboxes on Monday. AGENDA ITEM # 6 — TOWN OFFICE LEASE: Details regarding this agenda item will be distributed to you via email this weekend. Hard copies will be placed in your mailboxes on Monday. Town Manager's Report October 18, 2001 Council Meeting Page 1 of 2 AGENDA ITEM # 7 — DEVELOPMENT AGREEMENT/SOUTHWEST INN: The new owners of the Southwest Inn at Eagle Mountain have proposed an expansion that would require an additional .69 acres of hillside disturbance in addition to what it permitted. They have approached the Town to determine if the Town would be interested in facilitating the expansion and is seeking Town Council approval of a waiver of the hillside disturbance regulations. The owner has proposed to pay $30,000 to the Town to acquire a comparable amount of hillside land to offset the .69 acres that would be disturbed for the expansion work. Staff recommends approval. Please see Jeff's attached report. AGENDA ITEM # 8 & # 9 — THE VILLAS AT FIREROCK/CUT & FILL WAIVER/PRELIMINARY PLAT: The Planning and Zoning commission has amended staff's stipulations to include that the applicant shall reduce the number of units to a maximum of 25 as allowed by the subdivision ordinance. The recommendation came in at a 5-1 vote for approval, with the listed stipulations. Dana's memo is enclosed. Town Manager's Report October 18, 2001 Council Meeting Page 2 of 2 0 jb 1 � b �• �"st rse+ ��hat is� TO: FROM: REVIEWED: THPOUGH: DATE: RE: Honorable Mayor and Town Art Candelaria, Civil EngineE Randy Harrel, Town Enginee Chron 243 Town of FOUNTAIN HILLS Engineering Department MEMORANDUM William E. Farrell, Acting Town Manager October 11, 2001 Easement Abandonment 01-23; Resolution 2001-44 15650 E. Mustang Drive Plat 605-D, Block 4, Lot 2 Mike & Jodi Beishir This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the northeasterly property line of Lot 2, Block 4, Plat 605-D, (15650 E. Mustang Drive) 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, 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. However, nearly all of Lot 2 drains to the north to Palomino Blvd through Lot 1 of Block 3 of Plat 605-A (15715 E. Palomino Blvd). The Lot 1 house appears to pre -date the Town's incorporation and/or drainage review. Drainage flows from the proposed Lot 2 improvement might be detrimental to the northerly lot, unless suitable provisions are also made on Lot 1. Prior to either building permit approval or recordation of this abandonment, these potential local drainage flow issues need to be identified, addressed, and mitigated. If feasible, the owner(s) of the northerly Lot 1 should be involved in that process. EA01-23; Plat 605D, Blk 4, Lot 2 (15650 E. Mustang Dr.) Beishir 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 jb Chron 243 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 2001-44, subject to the following stipulation: • Adequately mitigate adverse effects of the drainage flow to the north onto Lot 1, Block 3, Plat 605-A (and onto adjacent lots, if applicable) and to utility boxes on or adjacent to Lot 1, satisfactory to the Town Engineer. HE Att. cc: M/M Beishir A. Mirabella MW McRee M/M Mason EA01-23; Plat 605D, Blk 4, Lot 2 (15650 E. Mustang Dr.) Beishir 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 When recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2001-44 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHEASTERLY LOT LINE OF LOT 2, BLOCK 4, OF PLAT 605-D, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 15, 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 NHEREAS. 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 a portion of the. certain ten (10) foot public utility and drainage easements, located along the northeasterly property lot line of Plat 605-D, Block 4, Lot 2, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 164 of maps, page 15 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. Resolution 2001-44 Page 1 of 2 ASS ION u ION SECOND COUNT _�—C PASSED AND ADOPTED this 18"' day of October 2001. %m. ATTEST: FOR TITO�Q,IN OF FOUNTAIfV HILLS /1 Cassie B. Hansen, town Clerk �a�r on Morgan, REVIEWED BY AND APPROVED AS TO FORM: J Wi1fiam E. Farrell, Acting Town Manager/Town Attorney Resolution 2001-44 Page 2of2 Mayor TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 605D BLOCK 4 LOT 2 \ AT 6 /D \ � OOK 64 ' \ PAGE 5 \ \ \ \ \ ABANDON 10' ,y P.U.E. & D.E. LOT 3 �, was, \ \ .,o \ BLOCK 4 \ \ \ LOT 2 \ \ \ \ \ \,10 ° \ LOT 1 ,' \ / 16545 z `L �� \ RANDY L HARREL SCALE: "=40' 'rF DATE: —25-01 s` "ea / \ , SW Slurry Authorization [ncrease.doc Chron 242 Ov�� a b @sr.190 • Oat is A TO: Honorable Mayor and Council FROM: Thomas L. THROUGH: William E. Farrel DATE: October 9, 2001 Town of FOUNTAIN HILLS Engineering Department MEMORANDUM RE: Street Maintenance Annual Contract Authorization Increase for Southwest Slurry The Town has an existing annual contract with Southwest Slurry Seal, Inc. for street maintenance which expires in January 2002. While the annual slurry seal contract remains in effect, the contract amount was fully expended in FY 00-01. Contract authorization for major road improvements was approved at $660,000 in the FY 01-02 budget, which includes $280,000 for slurry seal. Staff recommends approval of increasing the authorized contract amount for the annual slurry seal contract in the amount of $280,000. imp cc: Randy Harrel Tony Marchese Julie Ghetti Nancy Knihnisky TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: William E. Farrell, Acting Town Manager FROM: Dana Burkhardt, Senior Planner DATE: October 12, 2001 SUBJECT: S2000-037; Consideration of the Final Plat for "Parcel 12" This is a request to subdivide the existing unplatted commercially zoned parcel located at the Southeast intersection of El Lago and Saguaro Boulevards. The existing Zoning for the site is " TCC" Town Center Commercial Zoning District. The applicant is proposing to dedicate approximately 10' of Right of Way along both the Saguaro and El Lago Boulevard frontages, and provide landscaping and sidewalks along all street frontages. Staff has found the proposed final plat is in conformance with the Town of Fountain Hills Zoning & Subdivision Ordinances. Staff recommends approval of this final plat application with minor stipulations. Town council approved the preliminary plat on June 7, 2001. If you have any questions I can be reached at 816-5138. TOWN OF FOUNTAIN HILLS STAFF REPORT October 18, 2001 CASE NO: S2000-037 PROJECT MANAGER: Dana Burkhardt, Senior Planner LOCATION: East of Saguaro Blvd., north of Kiwanis Drive, South of El Lago Blvd.. REQUEST: Consider approval of the Final Plat for "Parcel 12", a request to subdivide approximately 13.59 acres of commercially zoned land. DESCRIPTION: OWNER: MCO Properties LP APPLICANT: HTPO Engineering EXISTING ZONING: "TCCD" Town Center Commercial EXISTING CONDITION: Partially graded, Lot 4 has been developed by Sanitation Dept. LOT SIZE: 13.59 acres C SURROUNDING LAND USES AND ZONING: NORTH: Plaza Fountainside retail plaza and Fountain Park, zoned "OSR" SOUTH: Colony Wash, SRP facility and Kiwanis facility, zoned "C-1" EAST: Lakeside Resort Casitas, zoned "R-3 PUD" WEST: Multi family; zoned "R-4" SUMMARY: This request is for approval for "Final Plat Parcel 12" which is a five (5) lot and two (3) tract subdivision. The applicant has a number of improvements, onsite and offsite, associated with the preliminary plat. The applicant proposes to dedicate to the Town approximately ten (10) feet of Right of Way along the Saguaro and El Lago Boulevard frontages. Offsite improvements include grading, paving, and drainage improvements within Fountain Channel and Kiwanis Drive. The applicant is also proposing to provide meandering sidewalks and landscaping along all street frontages. Lot 1 will share access with both lots 2 and 5 to minimize the curb cuts along Saguaro and El Lago Boulevards. Lot 2 has a second point of ingress/egress to the east, aligned with the entrance to Plaza Fountainside. Lot 5 proposes a secondary entrance to the south of the common access point, lot 4 is an existing curb cut and is the only access proposed by the Sanitation District, and lot three proposes two points of access located on Kiwanis Drive. The primary access for lot 3 is aligned with the Lakeside Resort Casitas entrance and the southwesterly entrance is for emergency access only. The owner, MCO Properties LP, has chosen to subdivide this parcel as previously stated. The proposed lot orientation meets all the requirements of the `TCCD" Zoning District for minimum size and dimensions. That land, as shown as Tract "A", will be dedicated to the Lakeside Homeowners Association for maintenance purposes. Tract "B" will be a drainage and public utility tract, as it currently has active sewer lines and maintains a large amount of drainage from Fountain Park. The Tract "C" location currently houses a Chaparral City Water Company well site and is proposed to be a public utility tract. This subdivision meets all the requirements of the Town of Fountain Hills Subdivision Ordinance if approved with the stipulations staff has requested. On June 7, 2001 the Town Council approved this preliminary plat unanimously, with the following stipulations: 1. Provide dedication statements for all tracts and parcels, include maintenance responsibilities, Tract "C" has no description on the preliminary plat. Also add all property owners names and info as required on the preliminary plat. 2. Add a statement of dedication to include Right -of Way dedications for Saguaro and El Lago Boulevards on the Final Plat. 3. Note the southwestern access to Lot 3 is for emergency vehicles only. 4. All vehicular non -access easement abandonments and changes from the proposed ingress/egress locations must be approved by the Town of Fountain Hills, prior to development. 5. Submit complete offsite and onsite improvement plans encompassing all work show on the Preliminary plat. Provide full landscape, sidewalk and irrigation plans, include all revegetated cut and fill slopes in the landscape plan prior to Final Plat approval. A construction assurance and warranty bond and participation agreement will be required prior to final plat approval. 6. Show proposed water meter sizes and locations. 7. Modify General Notes #5 and 6 as shown. 8. All water meters and sewer laterals shall be constructed with the final plat improvements. 9. The proposed driveway locations will be approved by the Town Engineer and Traffic Engineering Analyst for compliance to MCDOT and ADOT standards prior to final plat recordation. 10. Revise the Saguaro Blvd, El Lago Blvd and Kiwanis Drive cross -sections to accurately exhibit all right-of-way limits, street lanes, easements, sidewalks, etc. 11. Key Note #1 should be deleted. 12. Provide a modified 5' wide sidewalk utilizing the headwall width at the El Lago box culvert. Remove the existing wood railing and provide a new standard railing approved by the Town Engineer. 13. Revegetate any new or existing scarred fountain channel areas per Town landscaping requirements. 14. Add note #9: "Underground signal conduit infrastructure shall be installed at the intersection of Saguaro Blvd and El Lago Blvd". 15. The Lot #3 proposed south driveway located on Kiwanis Drive shall only be for emergency access. Also, the common driveway for Lots 1 and 2 on El Lago Blvd shall only provide emergency access for Lot #2. 16. The applicant will provide an eight (8) foot screen wall around the existing well facility if it is to remain. Drainage Rem Submit a revised final drainage report with the final plat and improvement plans. S .tPc�ion VV A. Kiwanis Drive Improvements 1. Submit the plan views and Kiwanis Drive street profiles supporting the (concept plan review) analysis for the Kiwanis Drive/Fountain Channel grade separations section. 2. Show the existing 100-year flood limit line within Kiwanis Drive and the three cross- sections from the Flood Delineation Study. Show how the resulting water surface elevations are affected on these three sections from the future proposed drainage structures under Kiwanis Drive. Submit with the final drainage report. 3. Provide an additional drainage alternative/analysis reviewing the use of three box culverts but allowing less than or equal to 6" of water to flow over Kiwanis Drive. This would reduce the cost of the project while still allowing the road to be passable and accessible. B. Drainage Exhibit C 1. Provide calcs and details to support the type and sizing of the proposed catch basin on Saguaro Blvd. 2. Check pipe length from manhole 4A to headwall. 3. Complete the key note section — notes #8 and 9. Traffic Rem All driveway numbers are referenced in the May 2000 Kimley-Horn traffic report. 1. Per the revised traffic report dated May 2000 (Kimley-Horn & Associates, Inc.), the following items need to be noted and shown on the preliminary plat. a)Underground signal conduit infrastructure shall be installed at the intersection of Saguaro Blvd and El Lago Blvd. 2. Assuming that trip assignments/generations are consistent with the actual rather than proposed land use of Lot #5 (general office space), the estimated maximum number of vehicles entering the site at driveway #11 is under the warranted amount for a deceleration lane. Therefore, no deceleration lane should be required. However, if the land use designation for Lot #5 changes, the Town Engineer reserves the right to reevaluate and possibly request a right turn deceleration lane. 1) Please have the Engineer verify the property boundary of Lot 4 to match approved legal description. 2) Please Have Engineer verify that the existing block wall on lot 4 is not located within the building setback on Kiwanis Drive. 3) The storm drain located along the southerly boundary of lot 2 cannot be directed onto Lot 4 and out the 30 foot opening into Fountain Channel because of pipe conflicts and congestion. 4) The sewer tie-in for Lot 5b must be directed into a new manhole downstream of the connection shown. RECOMMENDATION: The proposed lot configuration is in compliance with the regulations of The Town of Fountain Hills Zoning and Subdivision Ordinances. Staff recommends approval of "Final Plat Parcel 12" with the following stipulations: 1) Provide the Town with the necessary construction assurance bonds and participation agreement as stipulated on the preliminary plat. 2) Receive approval from the Town for the off -site improvement plans including all landscaping , grading, drainage, paving and sewer as stipulated on the preliminary plat. 3) Provide a solid masonry screen wall surrounding the existing well site or abandon and remove the existing well infrastructure. 4) Address all comments from staffs 5th review as redlined on the Final Plat. CO CO PAGE 1 OF 2 TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT ` t � �PRELIMINARY'PL'AT` f APPLICATION Date Filed Fee Paid 9-18-00 #700.00 Acce tad El p y Plat Name/Number Ck, P— e PARCEL 12 Parcel Size Number of Lots 594,558 sq. ft. / 13.65 Acres 5 Number of Tracts Zoning 2 C-1 General Plan Land Use Designation MIXED USE Density Requested (Dwelling Units Per Acre) N/A Applicant Day Phone MCO PROPERTIES L.P. 480- 837-9660 `ddress 16930 E. Palisades Blvd. City ST Zip ountain Hills AZ 35268 Owner MCO PROPERTIES L.P. Day Phone .480- 831-9660 Address 16930 E. Palisades Blvd. City ountain Hills ST AZ �5��68 Attachments (Please list) PRELIMINARY PLAT, DRAINAGE REPORT, SLOPE ANALYSIS, TITLE REPORT, TRAFFIC STUDY, PHASE I Sirat re wn_ —� I HERBY AUTHORIZE (Please Print) Date .ir SI ?', �2000 TO FILE THIS APPLICATION. Subscribed nd sworn before me this l y day Le ��c 7. of Q My Commission Expires RBdfi<E PETERSEN Notary Public - State of Arizona MARICOPA COUNTY My comm. expires Sept. 17, 2W1 Seal TFH Case Number Fee Schedule Attached J�%AW `O ` PAGE 2 OF 2 TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT 1'-4m*-i$'�Vi� PRELIMINARY -PLAT"APPLICATION `,� �,- I CO CO Date Filed 9-18-00 Fee Paid $700 Acce ted B P Y Plat Name/Number PARCEL 12 Parcel Size 594,558 sq. ft. /"13.65 Acres Number of Lots �- 5 Number of Tracts Zoning 2 C-1 General Plan Land Use Designation MIXED USE Density Requested (Dwelling Units Per Acre) N/A Applicant Day DayPho n Phoe (480 ) FOUNTAIN HILLS SANITARY DISTRICT 837-9444 ldT9841 E . Peppervood Cr. City ST Zip Fountain Hills AZ 85268 Owner FOUNTAIN HILLS SANITARY DISTRICT Day Phone (_480 ) 837'-9444 Address City ST 16941 E. Peppervood Cr. ountain Hills AZ JZi2P68 Attachments (Please list) PRELIMINARY PLAT, DRAINAGE REPORT, SLOPE ANALYSIS, TITLE REPORT, TRAFFIC STUDY, PHASE I Signature of Owner I HERBY AUTHORIZE (Please Print) Date HTPO Engineering Sept. 14, 2000 TO FILE THIS APPLICATION. Subscribed a d sworn before me this % 4% day of My Com �o Notary Pu IIc OFFICIAL SEAL LAURA PETERSEN Notary Public -State OfArizona " MARICOPA COUNTY My Comm. aXplfa Sapt 17, 2001 TFH Case Number Fee Schedule Attached Y. iW i U g I I ►-w I , 8a lil'j , ! ' �i! I li � I W � r __MMM1111VY��,•��... allO' 1 ! It Wmy r!;'t + 11 ]� 1 0000 tjt.1� r E 7-:j 1-_ ao Ie yffyte r1 � i t# .P . 01�1! N O J . r i (N z 5 1 t WORD PIE lSjj h i�tssilt�t�! gf if Lf I > Zi. of cc I I I !e let II; W eog+ IIINAI C j is ZU f e� t o III. When recorded, please return to: I I Town of Fountain Hills I P. O. Box 17958 I Fountain Hills, AZ 85269 I I Attn: Engineering Department I I CAPTION HEADING: 1111111111111111111111 OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER 2001-0961262 10/16/2001 04:27 PM I OF uadel Letter of Agreement Town of Fountain Hills and SunRidge Canyon Community Association This is part of the official document. 3 4 �' Esc iva9 that is An"' SRC Landscape Maintenance 8-21-01.doc Pagel of 4 Cluon 194 n 0 li N o � � b �• t�+ that is Ar"� August 21, 2001 SunRidge Canyon Community Association C/o Capital Consultants Management Corp. 7975 N. Hayden Road, Suite D-105 Scottsdale, AZ 85258 Attn: Marianne Wiggishoff Town of FOUNTAIN HILLS Engineering Department Re: SunRidge Canyon Proposed Letter of Agreement SunRidge Canyon Median/Frontage Maintenance Item #7 of 11-28-00 meeting) Dear Ms. Wiggishoff: The SunRidge Canyon Community Association (SRCCA) has proposed a "swap" of median and frontage area maintenance responsibilities per our previous discussions, and formalized in Marianne Wiggishoff s attached letter of August 9, 2001. Upon approval, the Town will maintain the applicable Palisades Blvd frontages and medians and the Community Association will maintain the Sunridge Drive and Desert Canyon Drive medians and frontages; and all transfers will occur simultaneously. Staff and the SunRidge CA believe it can be a win -win situation for everyone. Background: The SunRidge Canyon developer constructed landscaped medians and frontages on various streets. Town policy (and formalized in the attached excerpt from the SunRidge Canyon Area Specific Plan) is to accept landscaped medians for maintenance on arterial and major collector streets after a 5-year initial developer maintenance period. The Town does not normally accept maintenance of landscaping on the roadway frontages. Based on that policy, the following areas would be eligible for turnover to the Town (after appropriate inspections and corrections have been made) on the following designated dates: Former Eligible Location Area (Ac.) Turnover Date Notes Medians * Palisades Blvd (Shea to Lost Hills) 5.5 June 2002 Sunridge Drive (Palisades Blvd to south of Delgado 2.7 December 2000 Palisades to Desert Drive) Canyon Drive 1 June 2005 Desert Canyon to south of Delgado Drive Desert Canyon Drive (Golden Eagle Blvd to 4.5 December 2000 Sunridge Drive) Other medians (on local streets) within SunRidge Not calculated Not eligible Canyon Master Plat Frontages * Palisades Blvd (Shea to Lost Hills Drive, as occurs) Est. 6.7 Not eligible Total Eligible: 13.7 Ac. Total Ineligible 6.7 + Ac. 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SRC Landscape Maintenance 8-21-0l .doc Page 2 of 4 Chron 194 * Note: SunRidge Canyon LLC turned over the responsibility for the landscaping maintenance of these areas to the SunRidge Canyon Community Association in January 2001. SunRidge Canyon Pro2osal The SunRidge Canyon Community Association has proposed to modify the areas of responsibility, as follows: Location Area (Ac.) Proposed Turnover Date Notes PROPOSED TOWN RESPONSIBILITY Medians Palisades Blvd (Shea Blvd to Lost Hills Drive) 5.5 September 2001 Turnover advanced 9 months Frontages Palisades Blvd (Shea Blvd to Lost Hills Drive,) as occurs Est. 6.7 September 2001 New responsibility Total — Town 12.2 Ac. PROPOSED SUNRIDGE CANYON RESPONSIBILITY Medians Sunridge Drive (Palisades to Delgado) 3.7 None Desert Canyon (Golden Eagle to Sunridge Drive) 4.5 None Other medians and frontages (undermined; within SunRidge Canyon Master Plat) Undetermined None Total — SunRidge Canyon 8.2 + Ac. SunRidge Canyon's proposal is based on these facts: Difficult irri atg ion split -out The existing irrigation system within the above areas typically connects both the median and frontage areas together. This was done by the SunRidge LLC primarily to avoid the major expense of parallel irrigation mains. The Town, in accordance with past precedents set in Firerock Ridge and elsewhere, has only accepted for its maintenance, separately metered median areas. This avoids potential issues with HOA's (and CA's) regarding maintenance limits, water payment split -out, and watering cycle length and duration. ■ Perceived value to the Town and SunRidge Median landscaping on Palisades Blvd, an arterial roadway carrying about 10,000 vpd, and the western gateway to most of the Town, has a significant value to the Town. Median landscaping on Desert Canyon and Sunridge Drive, collector roadways carrying about 2,000 vpd, mainly has value to SunRidge Canyon residents. TOWN ACCEPTANCE CONDITIONS Town staff is agreeable to this change of responsibility areas. The following conditions should apply to this agreement: ■ Maintenance Level: SunRidge Canyon will maintain their medians to at least a comparable level to those maintained by the Town. (We anticipate that because of their closeness, your CA's maintenance level should equal the good maintenance level that the Town normally provides, anyway.) ■ Landscape Easement Rights: SunRidge LLC (or the SunRidge Canyon Community Association) will grant appropriate easements at no cost, for any irrigated landscape areas outside of the right-of-way. ■ Other Easement Right: The extent of the intersection sight easements needed in Parcel H, Tracts A and B (at Sunridge Drive, Sunflower Drive, and/or Golden Eagle Blvd) should be delineated since their extent can only be calculated from the diagram on the Parcel H plat. Additional sidewalk easements are probably also needed in Tract 3 of the Master Plat, where the sidewalk meanders outside of the right-of-way; and some storm drain easements may be needed. The Town will prepare all necessary easement documents and maps for CA/LLC signature and will then record them. 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SRC Landscape Maintenance 8-21-0l .doc Page 3 of 4 Chron 194 • Subrogation: The Town may, at its option, split out and subrogate areas of responsibility to other entities (except, of course, to the SunRidge Canyon Community Association or LLC). We believe that the closest owners and those most directly affected by an amenity will take the best care of their amenity. Although the Town almost certainly will continue to maintain the Palisades medians, we will seek to have the Palisades Blvd frontage landscaping and irrigation south of SunRidge Canyon turned over and maintained by the frontage property owners as opportunities present themselves. ■ Frontage water shutoff: The Town may, at its option, reduce or eliminate watering of some or all of the Palisades Blvd frontage landscaping. After frontage landscaping is well established, we may be able to reduce or eliminate its watering (except perhaps in drought periods). This allows a more natural desert appearance, blending with the adjacent Sonoran Desert. If this proposed letter of agreement is acceptable to the SunRidge Canyon Community Association and the SunRidge Canyon LLC, please indicate by signing below. This proposed agreement will also require Town Council approval. Staff recommends its approval by the Town Council. Yours very t/rul , Randy L. Harrel, P.E., L.S. Town Engineer bb att. Request letter of 8-9-01 from SRCCA SunRidge Canyon Area Specific Plan, page 2-10 (adopted by Council on 5-19-94) cc: Bill Farrell Tom Ward Jeff Valder Quinn Johnson 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 SRC Landscape Maintenance 8-21-01.doc Page 4 of Chron 194 ACCEPTED: *,... Su Canyon C unity Association By: Title: ere:�1S ACCEPTED: SunRidge Canyon LLC B�. Title: V • r APPROVED: FOR THE TOWN OF FOUNTAIN HILLS Sharon Morgan, Mayor Attest: Attest: .,dam / V Attest: Clvl'� - 6 LL Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: (W William E. Farrell, Acting Town Manager i liam E. Farrell, Town Attorney 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Town of Fountain Hills Memorandum DATE: October 12, 2001 E~ TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Director of Community De v opme -- -- THROUGH: William E. Farrell, Acting Town Manage V SUBJECT: Town Council consideration of a development agreement for the Southwest Inn at Eagle Mountain. Several years ago the Southwest Inn at Eagle Mountain, a smaller, upscale hotel, was developed on Summer Hill Boulevard in the Eagle Mountain area of Fountain Hills. When the hotel was developed the developer maximized the amount of hillside disturbance on the site. The property has since been sold and the new owner desires to expand the facility. However, due to the. fact that no more hillside disturbance is permitted to occur on the site, the proposed expansion is impossible without exceeding the amount of permitted hillside disturbance. The owner believes that the proposed expansion will require an additional .69 acres of hillside disturbance in addition to what is permitted. The regulations applicable to the site are found in Section 5.11 (B) (2) of the Zoning Ordinance. This section is reprinted below: Gradine of Non Sinele-Familv and Non-Duvlex Zoned Platted Land. The area permitted to be disturbed on any non -single-family and non -duplex zoned platted land is unlimited on terrain sloping less than fifteen percent (15%). Disturbance on slopes equal to or exceeding fifteen percent (15%) is limited to the percentage equivalent to the "lot coverage percentage" prescribed in the zoning district. Section 5.11 (B)(6) of the Zoning Ordinance allows the Town Council to waive these Land Disturbance Regulations for non residential structures in residential zoning districts. This Section is reprinted below: Grading for Non -Residential Structures. The limitations in grading area for non- residential structures in residential zoning districts as specified in paragraphs B.2. through BA., may be waived by the Town Council. The owner has approached the Town to see whether the Town would be interested in facilitating the expansion of the Inn at Eagle Mountain, and is seeking Town Council approval, pursuant to Section 5.11 (B)(6) of the Zoning Ordinance, of a waiver or partial waiver of the hillside disturbance regulations found in Section 5.11 (B)(2) of the Zoning Ordinance. Town Council Memorandum The Inn at Eagle Mountain Development Agreement October 12, 2001 Page 2 of 2 Staff has had met several times with the owner and the owner's representatives regarding this request. Staff has explained the regulations and the policies that the Town Council has established relating to hillside disturbance and the possible options that the owner could pursue that would facilitate the proposed expansion of the hotel. First, Staff felt that it was very important that neighboring property owners accept and approve of the proposed expansion. Staff would not recommend approval of the request if neighboring property owners opposed the expansion, or any hillside disturbance waiver that would facilitate the expansion. The owner and the owner's representatives have met with the Eagle Mountain Property Owners Association (EMPOA) to explain the proposed expansion. It is Staff's understanding that the EMPOA is agreeable to the expansion, and Staff has requested a letter from the EMPOA expressing their approval/acceptance of the proposed expansion. If the Town receives such a letter we will either include it as an attachment to this memorandum or will forward it to the Council when the Town obtains a copy. Second, Staff believes that the Town Council would prefer that the owner provide, or contribute to the provision, of off -site hillside preserve lands within the Town. The owner has suggested that the proposed expansion would cause the disturbance of .69 acres of hillside lands in excess of that permitted pursuant to Section 5.11 (B)(6) of the Zoning Ordinance. The owner then proposed, through the approval of a development agreement, to pay the Town $30,000 so that the Town could acquire a comparable amount of hillside land to offset the .69 acres of hillside lands that would be disturbed through the proposed expansion. Staff believes that this kind of contribution, that would act much in the same manner as the "hillside transfer" mechanism described in the Subdivision Ordinance, is consistent with Town ordinances and with past Council direction. Staff recommends Town Council approval of the proposed development agreement with the owner of the Inn at Eagle Mountain because: The neighboring property owners are agreeable to the expansion that the development agreement would facilitate, and The monetary contribution that will. enable the Town to acquire additional hillside lands within the Town is consistent with the hillside transfer mechanism and past Council direction, and The Town should facilitate the development of new and additional lodging opportunities to support and strengthen the hospitality and lodging sector of the Town's economy, which will lead to more employment opportunities and greater sales and bed -taxes for the Town. WHEN RECORDED RETURN TO: SNELL & WILMER, LLP One Arizona Center 400 East Van Buren Phoenix, Arizona 85004-2202 Attention: John E. Rooney, Esq. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the 18th day of October, 2001 (the "Effective Date") by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Inn at Eagle Mountain, LLC, an Arizona limited liability company (the "Owner"). RECITALS: A. Owner is the owner of that certain real property located in the Town, consisting of approximately 5.87 acres of land, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. Owner currently operates on the Property the Southwest Inn at Eagle Mountain (the "Inn"); Owner and Town desire to facilitate the expansion of the Inn. C. In order to facilitate the expansion of the Inn, Owner desires relief from those portions of the Town's zoning ordinance (the "Ordinance") which limit the amount of area on the Property which may be disturbed. D. The Town acknowledges and agrees that, notwithstanding said limitations, the expansion of the Inn will, among other things: (i) initiate the kind of detailed planning and development on the Property which, when accomplished pursuant to the terms and conditions of this Agreement, will benefit the Town as a whole; (ii) increase property tax, sales tax and other revenues to the Town; and (iii) increase employment and tourism in the Town; E. Among other things, the expansion of the Inn pursuant to this Agreement will 4W assist the Town in preserving areas within the Town of great natural scenic beauty and in implementing strategies to acquire additional open space areas and further establish recreational resources for the citizens of the Town; F. The Town acknowledges that: (a) the provisions of this Agreement as they relate to the Property are consistent with the terms of the Town's General Plan and (b) the Owner and Town are entering into this Agreement pursuant to the provisions of A.R.S. §9-500.05 to provide for, among other things: (i) the protection of environmentally sensitive lands within the Town; (ii) the ability of the Owner to disturb approximately .69 acres of hillside land in excess of that permitted by the Zoning Ordinance; NOW, THEREFORE, in consideration of the foregoing and the terms and conditions hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Zoning. Pursuant to the provisions of Section 5.11(B)(6) of the Ordinance, the Owner has submitted an application to the Town for relief from the provisions of Section 5.11(B)(2) of Ordinance which limits the lot covered percentage of the Inn on the Property under its current R1-6A — Resort Zoning designation. This application would allow the Owner to disturb approximately .69 acres of hillside land in excess of that permitted by the Zoning Ordinance. Upon the approval of such relief by the Town, and provided that the Town has conducted its review and granted such relief in accordance with all public hearings and other requirements of applicable law, the Owner shall be permitted to expand the Inn upon the following terms and conditions: (a) The Owner's expansion of the Inn on the Property shall substantially conform to the Site Plan attached hereto as Exhibit `B" and incorporated herein by this reference and as may be modified to conform to Town zoning and other regulations and policies in effect at the time of building permit application (the "Site Plan"); and (b) Upon approval of such relief, the Owner will contribute to the Town the sum of $30,000.00 to be used for the acquisition and/or expansion of the open space areas within the Town. 2. Cooperation. (a) Each of the parties shall appoint a representative who shall be available at all reasonable times to discuss and review the development of the Property and/or the expansion of the Inn. (b) An expedited process for Town review shall be provided by the Town in the event an impasse on any subject is reached, subject to required statutory time limits. 3. Default. In the event of default under any provision of this Agreement, the nondefaulting party shall have all remedies available to it at law or in equity. 4. Notices And Filings. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered personally or sent by certified United States Mail, postage prepaid, return receipt requested, if to: The Town, the Town Council, the Town Clerk: Town of Fountain Hills Fountain Hills, AZ Attn.: Town Manager with a copy to: Owner: Inn at Eagle Mountain, LLC Attn.: John Komes with a copy to: Snell & Wilmer, LLP One Arizona Center 400 East Van Buren Phoenix, Arizona 85004-2202 Attn.: John E. Rooney, Esq. or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. Notices, filings, consents, approvals and communication given by mail shall be deemed delivered twenty-four (24) hours following deposit in the U.S. mail, postage prepaid and addressed as set forth above. 5. General. (a) Recitals. The parties hereby agree as to the provisions of the Recitals set forth above in this Agreement. (b) Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof; and no waiver by the Town or Owner of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or IN any other covenant or condition of this Agreement. All waivers of any provision of this Agreement must be in writing and signed by the appropriate authorities of the Town or Owner. (c) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages may be attached to a single instrument so that the signatures of all parties may be physically attached to a single, integrated document. (d) Headings The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. (e) Exhibits. Any exhibit referenced herein shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. (f) Further Assurances. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests, applications, permit approvals or revisions, and other necessary approvals relating to the development of the Property by Owner and its successors. (g) Time is of the Essence; Assignment. Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Notwithstanding the foregoing, Owner's rights and obligations hereunder may only be assigned by a written instrument, recorded in the Official Records of Maricopa County, Arizona, expressly assigning such rights and obligations. In the event of a complete assignment by Owner of all rights and obligations of Owner hereunder, Owner's liability hereunder shall terminate effective upon the assumption by Owner's assignee. (h) Title. The Town and Owner hereby acknowledge and agree that nothing in this Agreement is intended to create conditions or exceptions to title or covenants running with the Owner Property. (1) No Partnership. It is not intended by this Agreement to create any partnership, joint venture or other arrangement between Owner and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 0) Integration. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 3 (k) Modification. No change or addition is to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded in the Official Records of Maricopa County, Arizona. (1) Warranties. Owner represents and warrants to the Town (i) that it is duly formed and validly existing under the laws of Arizona, and (ii) that the individual executing this Agreement on behalf of Owner is authorized and empowered to bind Owner. The Town represents and warrants to Owner (i) that it is a duly formed municipal corporation within the State of Arizona, and (ii) that the individuals executing this Agreement on behalf of the Town are authorized and empowered to bind the Town. (m) Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If any applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform any act hereunder, this Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion. In such an event, the Town agrees to negotiate in good faith and reach an alternative agreement or solution to meet the original intent of the provision to the maximum extent permitted by law. (n) Arizona Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. References are made in this Agreement to specific sections of the Arizona Revised Statutes. Any such references mean the statute in effect ,. on the date of the execution of this Agreement and any subsequent renumbering or reordering of those provisions. (o) Recordation. This Agreement shall be recorded in its entirety in the Official Records of Maricopa County, Arizona not later than ten (10) days after this Agreement is executed by the Town and Owner. (p) No Obligation. Nothing contained herein or in the Site Plan shall be deemed to obligate Owner to complete any part or all of the development of the Property in accordance with the Site Plan or any other plan, and the Site Plan shall not be deemed a representation or warranty by Owner of any kind whatsoever. (q) BindingEffect. ffect. This Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. (r) Interpretation. The parties hereto do hereby stipulate and agree that each of them fully participated and was adequately represented by counsel in the negotiation and preparation of this Agreement and the parties further stipulate and agree that in the event of an ambiguity or other necessity for an interpretation to be made of the content of this Agreement, this Agreement shall not be construed in favor of or against Owner or Town, as a consequence of one party having had a greater role in the preparation of the Agreement, but shall be construed as of the language were mutually drafted by both parties with full assistance of counsel. 11 (s) Certification. The Town, at any time and from time to time, within ten %, (10) days after written request of Owner, agrees to certify, by written instrument, to Owner whether (1) this Agreement is unmodified and in full force and effect, of if there have been modifications, that this Agreement is in full force and effect as modified, and state the date and nature of such modifications; (2) the existence of any default hereunder; (3) the existence of any counterclaims or defenses thereto on the part of the Town; and (4) any other matters as may be reasonably required. Any such certificate may be relied upon by the party requesting it. 6. Termination. (a) Term. The term of the Agreement shall expire upon the earlier of: (i) ten (10) years from the Effective Date; or (ii) the issuance of a Certificate of Occupancy for the Inn as expanded pursuant to the Site Plan. (b) Termination by Owner. Subject to any extension of time as may be mutually agreed to by Owner and the Town, Owner shall have the continuing right and option, but not the obligation, to terminate this Agreement for the following reasons by filing a Notice of Termination with the Maricopa County Recorder's Office indicating the cause of such termination if (i) The Town fails to approve the Site Plan as herein specified; or (1) Owner or its successor or assigns permanently ceases to operate the Inn. (c) Termination by Town. In the event that Owner has not commenced construction of the expansion of the Inn on or before five (5) years from the effective date of this Agreement, the Town shall have the right, at its option, to terminate this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. APPROVED AS TO FORM: tom,,: Attorney for Town of Fountain Hills Date: ATTEST: Town Clerk INN AT EAGLE MOUNTAIN, LLC, an Arizona limited liability company By: Its: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation 0 *01 STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing document was acknowledged before me this day of , 2001, by , the of , a , by and on behalf of the company. Notary Public My commission expires: STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing document was acknowledged before me this day of 2000, by , the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, for and on behalf of said municipal corporation. My commission expires: Notary Public 7 EXHIBIT "A" PROPERTY DESCRIPTION 10%11/01 THU 14:03 FAX 602 382 6070 SrELL & WILMER A 1w EXMIT "All SECOND AmEN14EQ O 201-800-1259867 `%w Parcel 3C, of EAGLE MOUNTAIN PARCELS 3B & 3C, according to the plat of record in the Office of the County Recorder of Maricopa County, Arizona, recorded in Book 437 of Maps, Page 40. C] a -3- Z 002 EXHIBIT `B" SITE PLAN �11 E La w c 0 v � v O"�p m L' o. L 13 q� lJl 6 > D. 6 T "- 0V c ppN o$zz °z0 �NnQIQ" o � o o CL aim` �X a� _mm 0'n c a) N N N O v O y Ci y' �E> O �c ry uw -Q V V 038 O C u. a a F U C u C ts COO z v 2a3wlim v 7laNS OL09 ZU 908 XVJ Wt'T 11HI TO%TT/OT 11 �t e M C C A S L A N D P R E M I E R B U I L D E R October 16, 2001 Mr. Bill Farrell Town of Fountain Hills 16838 E. Palisades Blvd., Building A Fountain Hills, AZ 85268 Dear Mr. Farrell: On behalf of the owner, Hillcrest Investments, we would like to request a continuance for the FireRock Parcel A Villa Project. We are hoping to go in front of Town Council on November 1, 2001 instead of October 18, 2001. With this continuance, we are hoping that we may work out any issues that remain, and that FireRock Parcel A will be an agenda item with 100% agreement in front of the Town Council. If you have any questions or need any assistance from me, please do not hesitate to call me at (480) 836-0914. Thank you for all of you assistance with our project. Best Regards, Keri L. Voss Client Liaison cc: Robert Bezemer Ed Oliva Scott C. Pace Greg Bielli 16807 EAST PALISADES BLVD. - SUITE 204 - FOUNTAIN HILLS, ARIZONA 85268 - PHONE 480-836-0914 / FAX 48P836-0915