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HomeMy WebLinkAbout2001.1204.TCREM.Packetc PUBLIC NOTICE OF ADDITION OF EMERGENCY AGENDA ITEM TO THE 12/4/01 COUNCIL AGENDA Mayor Morgan Councilman McNeill Councilmember Wyman Councilwoman Fraverd Councilwoman Hutcheson Vice -Mayor Kavanagh Councilwoman Ralphe PURSUANT TO A.R.S. 38-431.02.13, PUBLIC NOTICE IS HEREBY GIVEN THAT THE TOWN COUNCIL CONSIDERED AN EMERGENCY MEASURE AT THE DECEMBER 4, 2001 COUNCIL MEETING. PURSUANT TO A.R.S. 38-431.02.J, A STATEMENT SETTING FORTH THE REASONS NECESSITATING SUCH DISCUSSION, CONSIDERATION OR DECISION WILL BE REFLECTED IN THE MINUTES OF THE MEETING AND WAS PUBLICLY ANNOUNCED AT THE PUBLIC MEETING OF DECEMBER 4, 2001. THE ITEM WAS DETERMINED TO BE AN EMERGENCY BASED ON THE REQUIREMENTS SET FORTH IN A.R.S. 38-431.07.B. REQUIRING THAT A PUBLIC BODY APPROVE EXPENDITURES TO RETAIN LEGAL COUNSEL AT A PROPERLY NOTICED OPEN MEETING. THE EMERGENCY ITEM WAS ADDED AT THE FOLLOWING COUNCIL MEETING: WHEN: TUESDAY, DECEMBER 4, 2001 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades Blvd., Building B Agenda item #10 — Fire Service update by Acting Town Manager William Farrell. During this agenda item at the December 4 meeting, and following the citing of applicable state statutes, the Acting Town Manager/Town Attorney requested that an emergency item be added to the agenda authorizing the employment or retention of one or more legal counsels to provide legal services or representations to the public body or any of its officers in any legal action commencing pursuant to the Arizona Open Meeting Law. The Town Council voted unanimously to add as an emergency item 10 to the agenda per state statutes. This was followed by a unanimous vote to authorize the retention of legal counsel described above. DATED this 5 h day of December 2001. By: Cassie B. Hansen, Director of Administration/Town Clerk 4� N1 NOTICE OF REGULAR AND EXECUTIVE SESSION ale• ;°� OF THE 4`a that is A FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman McNeill Councilman Wyman Councilwoman Fraverd Councilwoman Hutcheson Vice Mayor Kavanagh Councilwoman Ralphe WHEN: TUESDAY, DECEMBER 4, 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 ►+ 4 the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere �*. to 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 AND ROLL CALL — Mayor Morgan 1.) Pursuant to A.R.S. 38-431.03.A.1, A.R.S. §38-431.03.A.3. AND A.R.S. §38-431.03.A.4., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at a public meeting. The public body must provide the officer, appointee or employee with such personal notice of the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to determine whether such discussion or consideration should occur at a public meeting; (specifically the Acting Town Manager); for discussion or consultation for legal advice with the attorney or attorneys of the public body (specifically regarding the Fire District); AND 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 regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid or resolve litigation (specifically regarding the Fire District); respectively. `%W 2.) RETURN TO REGULAR SESSION Town of Fountain Hills Page 1 of 3 Last printed 12/03/01 1:31 PM • CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Morgan • INVOCATION — Father Frank Zapitelli, Church of the Ascension • 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 November 15, 2001. *2.) Consideration of RESOLUTION 2001-51 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located along the northerly and westerly property lines of Lot 17, Block 3 of Plat 601A, (12616 N. Mountainside Drive) as recorded in Book 161 of Maps, Page 44 records of Maricopa County, Arizona. (Betty J. Poteet) EA01-25 *3.) Consideration of APPROVING A GRANT OF UNDERGROUND POWER EASEMENT to SRP at Fountain Park for the Fountain Hills Sanitary District Recharge System. EAA01-05 *4.) Consideration of a PRELIMINARY AND FINAL PLAT for Parkview Plaza II Condominiums, a 2-unit office condominium to be located in Final Plat 208, Block 5, Lot 6, aka 16832 Parkview Avenue, Case Number S2001- 30. 5.) Consideration of the FINAL PLAT for the NorthPeak (AKA Eagles Nest) subdivision, a 485.53 acre, 11 parcel, two tract subdivision located west of the 505-B, 506-C, 515 Amended, 514 and 513 subdivisions in the far northwest corner of the Town of Fountain Hills, Case Number S 1999-025. `.1 6.) Consideration of the FINAL PLAT for the Sienna Canyon (AKA Eagle Ridge North) subdivision, a 430.63-acre, 8-parcel subdivision located west of the Sunridge Canyon development in the northwest side of the Town of Fountain Hills, Case Number S 1999-024. 7.) Discussion and possible action on the FINAL SETTLEMENT AGREEMENT for the mountain property. 8.) PUBLIC HEARING on ORDINANCE 01-19 amending The Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.1 LB, by adding new language that would establish minimum horizontal distances between certain construction/grading activities and non -disturbance or hillside protection easements and procedural regulations for processing land disturbance ordinance, Case Number Z2001-05. 9.) Consideration of ORDINANCE 01-19 amending The Zoning Ordinance for the Town of Fountain Hills, Chapter 5, Section 5.11.B, by adding new language that would establish minimum horizontal distances between certain construction/grading activities and non -disturbance or hillside protection easements and procedural regulations for processing land disturbance ordinance, Case Number Z2001-05. 10.) FIRE SERVICE UPDATE by Acting Town Manager Bill Farrell. 11.) PRESENTATION of an alternative plan for fire protection services in Fountain Hills by Public Safety Director Steve Gendler with possible direction to staff on how to proceed. 12.) Consideration of ESTABLISHING AN AQUATIC/FITNESS FACILITY COMMITTEE to explore the interest and feasibility of an aquatic/fitness facility in Fountain Hills. 13.) Consideration of SUPPORTING A PUBLIC FUNDRAISING CAMPAIGN to donate a portable stage system to the Town. Town of Fountain Hills Page 2 of 3 Last printed 12/03/01 1:31 PM N 14.) Consideration of IMPROVEMENTS TO A PORTION OF FOUNTAIN PARK by MountainView Coffee Company to permanently expand its outdoor seating. 15.) Consideration of ORDINANCE 01-16 amending the Town Code, Chapter 9 Parks and Recreation, by amending Article 9-4 Park Rules and Regulations for Town -owned parks. 16.) Consideration of the PRELIMINARY PLAT for Eagle Mountain, Parcel 10/11, Tract G, located in the Eagle Mountain subdivision south of Shea Boulevard, Case Number S2001-27. 17.) Consideration of a TEMPORARY USE PERMIT for a model home sales center proposed for 15104 E. Westridge Drive, aka Westridge Estates, Lots 1 and 2, located to the east of Palisades Boulevard and south of Mustang Drive, Case Number TU2001-07. 18.) Consideration of OPTION AND SITE LEASE AGREEMENT with Sprint Spectrum LP for installation of a wireless communication facility on Town property. 19.) Consideration of the DEVELOPMENT AGREEMENT with Hallcraft Homes for the proposed Desert Vista Place Condominium Project, located in Final Plat 302, Block 3, Lots 1-6. 20.) Consideration of RESOLUTION 2001-55 abandoning whatever right, title, or interest the Town has in certain thirty (30) foot wide Right -of -Way running east to west centrally located within the plat and north to south located within the plat at the easterly property line along Lots 3 and 4, Block 3, Plat 302, (Desert Vista (Center Alley & East Alley) as recorded in Book 156 of Maps, Page 45 records of Maricopa County, Arizona (MCO Properties) ROW2001-03. 21.) PUBLIC HEARING on a SPECIAL USE PERMIT that would allow a 21-unit multi -family residential development known as "Desert Vista Place Condominiums", proposed to be located in Final Plat 302, Block 3, Lots 1-6, a "C-1" Neighborhood Commercial and Professional Zoning District, Case Number SU2001-13. 22.) Consideration of a SPECIAL USE PERMIT that would allow a 21-unit multi -family residential development known as "Desert Vista Place Condominiums", proposed to be located in Final Plat 302, Block 3, Lots 1-6, a "C- 1" Neighborhood Commercial and Professional Zoning District, Case Number SU2001-13. 23.) Discussion of the INCREASED PAYMENT for the health insurance premium for Town employees. 24.) 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. 25.) ADJOURNMENT. DATED this 3rd day of December, 2001 Li�L _�iLJ 1�,\ w1,..i Cassie B. Hansen, Director of Adrrunistration/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 furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 3 of 3 Last printed 12/03/01 1:31 PM MEMORANDUM TO: THE HONORABLE MAYOR MORGAN AND TOWN COUNCILMEMBERS FROM: WILLIAM E. FARRELL, ACTING TOWN MANAGER DATE: NOVEMBER 30, 2001 RE: MANAGER'S REPORT FOR THE TUESDAY, DECEMBER 4th COUNCIL MEETING REMINDERS: An Executive Session is scheduled to immediately precede Tuesday's meeting at 5:00 p.m. in the Jury Room. Food will be available. The regular Council meeting will immediately follow at 6:30 p.m. in Council Chambers. On Monday, December 101h, a special council session is scheduled at 6:30 p.m. to consider the mountain bond issues. 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 — FINAL PLAT/NORTH PEAK (EAGLES NEST): The final plat is consistent with the preliminary plat as stipulated and with the approved draft settlement agreement. Staff recommends Town Council approval of the final plat for the Sienna Canyon subdivision, with stipulations. Please see Jeff's enclosed report. AGENDA ITEM # 6 — FINAL PLAT/SIENNA CANYON (EAGLE RIDGE NORTH): The final plat is consistent with the preliminary plat as stipulated and with the approved draft settlement agreement. Staff recommends Town Council approval of the final plat for the NorthPeak subdivision, with stipulations. Please see Jeff's enclosed report. AGENDA ITEM # 7 — FINAL SETTLEMENT AGREEMENT/MOUNTAIN PLATS: Please refer to the attached report. Town Manager's Report November 30, 2001 Council Meeting Page 1 of 4 AGENDA ITEMS # 8 & # 9 — PUBLIC HEARING/ORDINANCE 01-19/LAND DISTURBANCE ZONING ORDINANCE: If approved, this amendment would suggest minimum horizontal distances between construction/grading activities and non-disturbance/hillside protection easements. It would also provide procedural regulations for processing land disturbance ordinance violations. The requirement for disturbance buffers is not new. The Town is seeking consideration to codify these regulations that are now administratively applied. Additional information regarding disturbance buffers and how they pertain to land owners and contractors can be found in Jeff's attached report. AGENDA ITEM # 10 — FIRE SERVICE UPDATE: Bill Farrell will provide the fire protection service update. No memo is attached. AGENDA ITEM # 11— ALTERNATIVE PLAN FOR FIRE PROTECTION SERVICES: Public Safety Director Steve Gendler will provide an update on fire service including contingency plans in the event that Rural Metro Corporation ceases operations. Please refer to Steve's enclosed memo. AGENDA ITEM #12 — AQUATIC/FITNESS FACILITY COMMITTEE: The Facilities Planning Subcommittee of the Parks and Recreation Commission, at their October 2nd meeting, discussed their desire to form an aquatic/fitness facility feasibility committee. The Parks and Recreation Commission, at their November 131h meeting, agreed to support the idea of forming an aquatic/fitness facility feasibility committee. Council will consider this request on Thursday evening. Please refer to Mark's report. AGENDA ITEM # 13 — FUNDRAISER FOR PORTABLE STAGE SYSTEM: Council will consider a request from Phyliss Kern to support the idea of fundraising for a portable stage that would be donated to the Town. Mark's memo is enclosed. AGENDA ITEM #14 — FOUNTAIN PARK IMPROVEMENTS: MountainView Coffee Company has requested consideration to expand its outdoor seating area. After review by the Parks and Recreation Commission and Town staff, approval is recommended, with stipulations. Please see Mark's report attached. Town Manager's Report November 30, 2001 Council Meeting Page 2 of 4 AGENDA ITEM # 15 — ORDINANCE 01-16/AMENDMENT TO PARK RULES AND REGULATIONS: The Town Attorney, Town Prosecutor, members of the Parks and Recreation Commission, and Vice -Mayor have met and reviewed the proposed amendments to the Town's park rules and regulations, and support the rules as revised. Staff also recommends approval. Please refer to Mark's enclosed memo. AGENDA ITEM # 16 — PRELIMINARY PLAT — EAGLE MOUNTAIN/ TRACT G: This item has been bought back from the November 15`h council meeting. The Town has received confirmation that Eagle Mountain Investors, L.L.C. is the property owner. The Planning and Zoning Commission voted 4-1 to recommend approval and Town staff recommends approval, with stipulations. Jeff's report is attached. AGENDA ITEM # 17 — TEMPORARY USE PERMIT/MODEL HOME/ WESTRIDGE DRIVE: The applicant is requesting an extension of the temporary use permit through December 31, 2002. Staff has received two letters of objection. Approval of this temporary use permit is recommended, with the stipulation that no further extensions, after December 31, 2002, be granted for a model home sales use at this location. Please see Dana's memo. AGENDA ITEM # 18 — WIRELESS FACILITY LEASE AGREEMENT: Sprint Spectrum LLC is proposing a wireless communication facility to be installed on Town property, located adjacent to El Pueblo Boulevard, south of Flat Rock Road, in Tract A (Mirage Point). Sprint will lease the site from the Town. The lease document is consistent with the existing lease with Sprint at the Eagle Mountain Parkway/Shea Blvd. location, previously approved by the council. Jesse's report is enclosed. AGENDA ITEMS # 19, #21 & # 22 — PUBLIC HEARING/SPECIAL USE PERMIUDEVELOPMENT AGREEMENT/DESERT VISTA PLACE CONDOMINIUM PROJECT: This is a request by MCO Properties and Hallcraft Homes to enter into a development agreement for the purchase and transfer of hillside preservation lands from the Town. This project requires a special use permit to allow residential development in the C-1 zoning district. The Planning and Zoning Commission recommended approval of the special use permit, with one stipulation. Staff recommends approval of the development agreement as presented. Dana's reports are attached. Town Manager's Report November 30, 2001 Council Meeting Page 3 of 4 AGENDA ITEM #20 — RESOLUTION 2001-55/ABANDONMENT R.O.W./DESERT VISTA PLACE: Council will consider a right of way abandonment for the thirty-foot wide alley running east to west within Plat 302 at the easterly property line. Staff recommends approval, with stipulations. Randy's memo is enclosed. AGENDA ITEM # 23 — INCREASE IN EMPLOYEE HEALTH INSURANCE PR FM11 TM Attached please find my memo regarding the proposed increase in employee health insurance premiums. Should you have additional questions, please refer them to Joan McIntosh, Julie Ghetti, or me. *PLEASE NOTE* At the end of this packet, please find a status report on "Target" and "Fry's" construction prepared by Randy Harrel. No council consideration is required. It is for informational purposes only. Town Manager's Report November 30, 2001 Council Meeting Page 4 of 4 jb O��"IiAIN � o � that is Chron Town of FOUNTAIN HILLS Engineering Department MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Civil Engineer � REVIEWED: Randy Harrel, Town Engineer THROUGH: Bill Farrell, Acting Town Manager DATE: November 30, 2001 RE: Easement Abandonment 01-25; Resolution 2001-51 12616 N. Mountainside Drive Plat 601 A, Block 3, Lot 17 Betty J. Poteet This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the northerly and westerly property lines of Lot 17, Block 3, Plat 601 A, (12616 N. Mountainside Drive) as shown in Exhibit "A". The property owner of Lot 17 desires the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The easterly 20' of the northerly 10' public utility easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is a need for the Town to retain the northerly drainage easement proposed to be abandoned for access along the top bank of the wash. A wall can be permitted to be built along this northerly property line but with removable wall panels where it crosses the retained drainage easement. However, the westerly drainage easement can be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to - lot drainage runoff. The property owner of Lot 17 is required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-51. Att. Cc: Betty J. Poteet M. Dinaso M/M Thuringer EA01-25; Plat 601 A, Blk 3, Lot 17 (12616 N. Mountainside Dr.) Poteet 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 2001-51 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 EASTERLY LOT LINE OF LOT 18, BLOCK 6, OF PLAT 431, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 151 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way within any proposed subdivision; and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and (.VHEREAS. 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 easterly property lot line of Plat 431, Block 6, Lot 18, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 151 of maps, page 43 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 18 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 2001-51 Page 1 of 2 PASSED AND ADOPTED this 4" day of December 2001. ATTEST C Cassie B. Hansen, Town Clerk REVIEWED BY AND APPROVED A TO FORM: Iry - William E. Farrell, Acting Town Manager/Town Attorney 11 HE TOWN Sharon Morgan, Resolution 2001-51 Page 2of2 FOUNTAIN HILLS TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" 441w PLAT 601 A BLOCK 3 LOT 17 PLAT 601 A _ - — BOOK 161 - PAGE 44 CpLO= � - RETAIN 20 L.F. OF 10' I I I P.U.E. & D.E. (ALONG STREET) o N 80'55'0o" E , I 12� ��20' i I , ABANDON 10' P.U.E. I RETAIN 10' D.E. to z� BLOCK 3 I ono , LOT 17 I a I LOT 20 30 I os? ABANDON 10' 1 30 ROW I P.U.E. & D.E. trROW I 10' 10' N 80'5600" E ' I 125.00 I� ,0 I � I I I I I I LOT 18 'czn I I I o f , I , , LOT 19GA f C: �= 4 r. I _ r SCALE 1 "=40' s DATE: 10-19-01 pRIVE — — �071A1 u5. THEE � . 'Naw a } —. off. 4 7. %1919 �' that is� TO: Honorable Mayor and Council Town of FOUNTAIN HILLS Engineering Department FROM: Randy L. Harrel, P.E., L.S., Town Engineer THROUGH: William E. Farrell, Acting Town Manager Date: November 30, 2001 (,�,j 1 J4 RE: Grant of Underground Power Easement to SRP at Fountain Park (for Fountain Hills Sanitary District Recharge System) SRP No. KEB-450 EAA01-05 By previous agreement, the Fountain Hills Sanitary District has constructed a number of groundwater recharge wells within Fountain Park, which require electrical power to operate. SRP has constructed underground electrical conduits and aboveground electrical cabinets to service these Sanitary District facilities. SRP has requested easements to contain their underground conduits and aboveground boxes. The Town, as the property owner, needs to be the grantor of this easement. Four related easements (KEB-428 through KEB-431 were previously granted last August, but this easement was not included. Staff has attached Black & Veatch's map of Fountain Park showing the facilities being served, the SRP easement documents/maps, and our summary table showing each easement, easement location, SRP facility, and Fountain Hills Sanitary District facility supported. The SRP facilities do not visually appear to conflict with Town improvements in the Park. Our normal procedure for grants of easement has been Engineering Department and Town Attorney review, Town Manager signature, and notification to the Town Council. However, because of the Sanitary District involvement, aboveground electrical cabinets, and SRP's request, staff is submitting this grant of easement for Town Council action. Staff recommends approval of the power easement grant. jb Att. Fountain Park Map, Easement Map, Grant of Easement Form, Summary Table Cc: Tom Ward Bryan Hughes 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 HOLD FOR PICK UP: SALT RIVER PROJECT Land Department/PAB400 P. O. Box 52025 Phoenix, Arizona 85072-2025 UNDERGROUND POWER EASEMENT Maricopa County R/W #2463 Agt. JMM Parcel # 176-06-316G Job # KEB-450 W_ C THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, hereinafter called Grantor, for and in consideration of the sum of One Dollar, and other valuable consideration, receipt of which is hereby acknowledged, does hereby grant and convey to SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, its agents, employees, contractors and permittees and its and their respective successors and assigns, hereinafter called the Grantee, an easement in, upon, over, under, across, through and along the lands hereinafter described (such lands hereinafter described being sometimes referred to herein as the "Easement Property"), to construct, install, reconstruct, replace, remove, repair, operate and maintain underground electrical conductors, conduits, pipes, cables, vaults, pads, switching equipment, enclosures, manholes and transformers and all other appliances, and fixtures (collectively "Facilities") for the transmission and distribution of electricity and for all other purposes connected therewith at such locations and elevations, in, upon, over, under, across, through and along the Easement Property as Grantee may now or hereafter deem convenient or necessary from time to time, together with the right of ingress and egress to, from, across and along the Easement Property. Grantee is hereby authorized to permit others to use the Easement Property for additional Facilities jointly with or separately from the Grantee for their purposes. The lands in, upon, over, under, across, through and along which this easement is granted are situated in the County of Maricopa, State of Arizona, and are more particularly described as: Grantor's Property: A portion of Section 14, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County Arizona, more particularly described as follows: COMMENCING at the centerline of intersection of the Avenue of the Fountains and Saguaro Boulevard as shown on FOUNTAIN HILLS ARIZONA, FINAL PLAT NO. 208 as recorded on November 30, 1971 in Book 144 of Maps, Page 4 of the records of Maricopa County, L� Boulevard North 15 degrees 30 minutes 00 seconds West a distance of 15.00 feet to the Southeast corner of Parcel No.2, Maricopa County Recorders Number 86-385919; thence continuing, North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 2, a distance of 143.00 feet to the Southeast corner of Parcel No. 4B, of said Recorders Number; thence continuing North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 4B, a distance of 182.00 feet to the Southeast corner of Parcel No. 5, of said Recorders Number; thence continuing North 15 degrees 30 minutes 00 seconds West along the Easterly line of said Parcel No. 5, a distance of 74.63 feet to the beginning of a tangent curve concave Easterly and having a radius of 640.00 feet; thence along the arc of said curve through a central angle of 05 degrees 56 minutes 56 seconds an arc length of 66.45 feet; thence departing said Parcel No. 5, and continuing along the arc of said curve through an central angle of 04 degrees 23 minutes 05 seconds an arc length of 48.98 feet; thence North 05 degrees 09 minutes 59 seconds West a distance of 108.06 feet; thence North 09 degrees 23 minutes 30 seconds East a distance of 105.00 feet; thence North 15 degrees 52 minutes 00 seconds East a distance of 249.00 feet; thence North 69 degrees 21 minutes 52 seconds West a distance of 86.05 feet to the POINT OF BEGINNING. Easement Parcel: Said easement being 8.00 feet in width lying 4.00 feet on each side of the following described centerline: COMMENCING at the South quarter corner of Section 14; thence North 35 degrees 05 minutes 22 seconds West (assumed bearing) a distance of 1589;81 feet; thence North 11 degrees 40 minutes 00 seconds East a distance of• 30.00 feet;`'thence North 78 degrees 20 minutes 00 seconds West a distance of 220.17 feet; thence North 11 degrees 40 minutes 00 seconds East a distance of 30.09 feet to the POINT OF BEGINNING of the herein described easement; thence South 71 degrees 27 minutes 35 seconds West a distance of 4.90 feet; thence North 70 degrees 32 minutes 33 seconds West a distance of 50.88 feet; thence North 74 degrees 23 minutes 05 seconds West a distance of 84.90 feet; thence South 81 degrees 20 minutes 37 seconds West a distance of 98.78 feet to the Easterly edge of a 3.50 foot by 3.50 foot equipment pad area, said area being a part of this easement and therein terminating. CAUTION: Facilities placed within the Easement Property may contain high voltage electrical equipment. Notice is hereby given that the location of underground electrical conductors or facilities must be verified as required by Arizona Revised Statutes, Section 40-360.21, et. seq., Arizona Blue Stake Law, prior to any excavation. Grantor shall maintain a clear area that extends 3.00 feet from and around all edges of all transformer pads and other equipment pads, and a clear operational area that extends 12.00 feet immediately in front of all transformer and other equipment openings. No obstruction, trees, shrubs, fixtures or permanent structures shall be placed within said areas. kill STATE OF ss COUNTY OF The foregoing instrument was acknowledged before me this __�/ day of, by and L' ` ( ' 1 t t-- L . f-c r' r'— 1 1 , as )) o' o r- and _ -) %�, j; a hc° , respectively, of THE TOWN OF FOUNTAIN HI LS, an Arizona municipal corporation, on behalf of such corporation. My Commission Expires: Notary Publi6 OFFICIAL SEAL �,BEVELYN J. BENDER f%tiotary Public • State of Arizona Not J 1X1 r'1 expires Aug. 2B, 2003 Note: This instrument is exempt from the real estate transfer fee and affidavit of legal value required under A.R.S. Sections 11-1131 and 11-1132 pursuant to the exemptions set forth in A.R.S. Sections 11-1134(A)(2) and (A)(3). PLEASE NOTE The County Recorder WILL NOT RECORD any document that has any portion of print, signatures, notary stamps or initials in the 1/2 inch margins on the sides, or bottom of a page. Therefore, please be very careful not to let your signature, initials or notary stamp go into any part of these areas, or it will result in the Saros/IMMJ1wW"$:KEB-450/bA document being rejected. LEGAL # 398 4-23-87 7 PANORAMA DRIVE 1 �� GROSS 62.868 AC % .� % 8' WIDE UNDERGROUND \\\ POWER EASEMENT, SRP JOB # KEB-430 8' WIDE UNDERGROUND POWER EASEMENT,—` SRP JOB # KEB-428 �` \ \,a % LEGAL # 930 12-11-96 i FOUNTAIN PARK GROSS 63.46 AC lj; 1 8' WIDE UNDERGROUND POWER EASEMENT, j LEGAL # 930 12-11-96 SRP JOB # KEB-429 j DRAINAGE ESM'T 4 EASEMENT (0.242 AC) j I j• LEGAL # 930 12-11-96 ; EFFLUENT PIPE LINE ESM'T (0.669AC) 8' WIDE UNDE GROUND LEGAL # 930 12-11-96 POWER EASEM NT, PUMP FACILITY 1 SRP JOB #KEB— 50 ESM'T (------ AC) 8' WIDE UNDERGROUND \ ` POWER EASEMENT, SRP JOB # KEB-431 Fountain Park �-~'' Electrical Easements Exhibit A�--Wwr,� `„ P 0. Box 52025 Phoenix, AZ 85072-2025 t602t 236-5900 www.srpnet.com May 7, 2001 Town of Fountain Hills Attn: Ron Huber 16941 E. Pepperwood Circle Fountain Hills, Arizona 85268 Re: Underground Power Easement - SRP Job No. KEB-450 Fountain Park Improvements Dear Mr. Huber: This letter and enclosures are relative to providing the electrical service for the Fountain Park Improvements at 17090 E. El Largo Blvd in Fountain Hills, Arizona. The easement describes the areas necessary to accommodate the electric facilities. The drawing depicts the facilities in relation to property lines. Please review the easement and call me on 602.236.8179 if you have any questions or if I may provide additional information. If the easement meets with your approval please have it appropriately signed, notarized and returned to me in the stamped self-addressed envelope enclosed for your convenience. Please feel free to call me if I may be of any assistance. Thank you in advance for your prompt attention to this matter. You may keep the copy for your records. Sincerely, LAND DEPARTMENT /yJr Joseph M. Messina Land Consultant Land Acquisitions/PAB350 Enclosures Easement Grant @ Fountain Park.doc Page 2 of 2 Chron 268 Recent SRP Easements/Facilities in Fountain Park — Summary Number Town's ProWrtv Easement Location FHSD Facilitv KEB-428 Plaza Fountainside, East side of Saguaro Blvd; 100' ± ASR Well #1� Parcel A (functionally a south of Avenue of the Fountains part of Fountain Park) KEB429 Fountain Park Southwest side of Panorama Drive; ASR Well #2 600' ± north of El Lago Blvd. KEB-430 Fountain Park Southwest side of Panorama Drive; ASR Well #4 170' and 310' east of Saguaro Blvd. KEB-431 Fountain Park North side of El Lago Blvd; 900' Booster Pump station; east of Saguaro Blvd. . Lake Pump House Proposed New Easement KEB-450 Fountain Park North side of El Lago Blvd; 700'- Conduit 1000' east of Saguaro Blvd. .7 oA TOWN of FOUNTAIN HILLS 0 3 a — a Community Development Department `�• ,%T. 1989 that is A MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: William E. Farrell, Acting Town Manager FROM: Dana Burkhardt, Senior Planner SUBJECT: Case # S2001-030; Preliminary & Final Plat for "Parkview Plaza II Condominiums" DATE: November 29, 2001 This is a request by Marshall Varner, which would condominiumize two -units located at 16832 East Parkview Avenue, aka Lot 6, Block 5, Final Plat 208. Staff has combined the reports for the Preliminary and Final Plats, there are no off -site improvements or Improvement Plans needed for this condominium plat. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. If you have any questions, I can be reached at (480)816-5138. 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 PLANNING & ZONING COMMISSION AND STAFF REPORT DECEMBER 4, 2001 CASE NO: S2001-030 LOCATION: 16832 E. Parkview Avenue, aka Lot 6, Block 5, Final Plat 208. REQUEST: Consider the Preliminary and Final Plat for "Parkview Plaza II Condominiums", a 2-unit commercial condominium project. PROJECT MANAGER: DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Dana Burkhardt, Senior Planner Marshall Varner Marshall Varner "C-2" with Planned Shopping Plaza Overlay Partially built and occupied 6,000 square feet SURROUNDING LAND USES AND ZONING: NORTH: Common Parking; zoned "C-2" with Planned Shopping Plaza Overlay SOUTH: Parkview Avenue; zoned "C-2" with Planned Shopping Plaza Overlay EAST: Existing building; zoned "C-2" with Planned Shopping Plaza Overlay WEST: Existing building ; zoned "C-2" with Planned Shopping Plaza Overlay SUMMARY: This request is for approval of the Preliminary and Final Plat 'Parkview Plaza II 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, Marshall Varner, has chosen to construct and convert a two -unit building complex and record a Declaration of Condominium to sell the units individually. The units will have a maximum floor area of 2,200 square feet and a minimum floor area of 982 square feet. Parking is provided in the common parking areas of Plat 208 for lots smaller than 10,000 s.f. Unit "A" has a Certificate of Occupancy and is currently used as the administrative and sales offices for Marshall Pool's. Unit `B" is the proposed future offices for Marshall Pool's, and the Limited Common Element (L.C.E.) for Unit `B" is the existing pool and patio showcase exhibit for Marshall Pool's. RECOMMENDATION: The Planning & Zoning Commission recommends approval of S2001-030; Preliminary Plat, staff recommends approval of Final Plat "Parkview Plaza II Condominiums". L L TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT -- PRELIMINARY PLAYAPPLICATION-.� Date Filed Fee Paid 4400,110 Accepted By - -�- 11 Plat�ame/Number Parcel Size Number of Lots Number of Tracts Zoning 'O C - General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) Applicant Day Phone `��� - '03� - ems. �a,�•t-� E tt Address rcity ST Zip Owner Day Phone ��� '-�,�o - Address City ST Zip Attachments (Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 1g My Commission Expires Notary Public Seal TFH Case Number Fee Schedule Attached , J�C� ' 30 ;.au l sa.bai.(.auoBLuo,p 1!OW_a lvld aavN64ttpw 3nN3AV M3IA>18Vd 2£89I 8998-LC (OW •°i t►81-tE8 iC8►� 89zS8 vNGZ[dv '3131H NlviNna3 Q31ON Sv 9 103 'S >I7�'1fi '80Z lb'3d N ►Cd 31m -7w n31AAd4,d '3 9IL91 WW lL OT��1Mi[iOsiNe♦^ * ON107�010 = ^� 30-92-otHdV ' O Ig _, .. C „b t v _ ° �a r� .r bs7;dze �_ lrs y�b�og a ` sE8EQ�8 U Yews b�� t`--- _ bT -9M b t �oto�r6 c r r� ybS �SE�r R Sic Inn id�y �t�,S r Y ¢Nogt= b.por, O pH}yy4}�A be3�c}. tb �.z:Yb a Z�Z Q � 2 oaf ro C �.N Jzm C o� s�`m _ O 4 V U Z C: a o ©`ZZ C N CJ � � O j Y :l �a h (bJ3 'Y�lrOz r o .b17gt,oe W pp a a� qqaid O r v rid � �Se .s, 7u �_ mu�93 a € its Q. a. t�72Y�� N z L) 5, / / �i6VS / ' 0 r � i ham 8" ,a A E 3200.' 19.50' a g �1000' 10.00' 9.00' V ' J u s MONTGOMEf2Y a Ololl!lRMO A NIMAMMENT, L1.C. 16716 E. PARKVIEW AVE SUITE 204 FOUNTAIN HILLS. ARIZONA 85268 - (480) 837-1845 fox (480) 837-9668 e-,o11 dmontgoneryI@q.estnet PARKVIEW PLAZA II CONDOMINIUMS A" I0-26-01 PLAT 208, BLOCK 5, LOT 6 DRM AS NOTED 16832 PARKVIEW AVENUE FINAL PLAT TOWN OF FOUNTAIN HILLS TOWN COUNCIL STAFF REPORT NOVEMBER 30, 2001 CASE NO.: S1999-024 LOCATION: The area of Fountain Hills known as Eagle Ridge North, located in the northwest corner of the Town, west of the Sunridge Canyon development, northwest of the Copperwynd development, and south of the Eagles Nest area of the Town REQUEST: Consideration of a Final Plat for the proposed Sienna Canyon (AKA Eagle Ridge North) subdivision. DESCRIPTION: OWNER: MCO Properties Limited Partnership APPLICANT: MCO Properties Limited Partnership EXISTING ZONING: "R1-35", "R1-8" and "R1-6" PARCEL SIZE: 432.96 Acres PROPOSED NUMBER OF LOTS: 171 Lots and 20 Tracts SURROUNDING LAND USES AND ZONING: NORTH: Undeveloped Town of Fountain Hills -owned lands within the Fountain Hills McDowell Mountain Preserve, zoned "R1-43", and an undeveloped area of land known as Eagles Nest, also predominantly zoned "R143." SOUTH: Undeveloped City of Scottsdale -owned lands in Fountain Hills, zoned "R1-43" and developing and undeveloped lands within the City of Scottsdale, zoning unknown. EAST: Undeveloped Town of Fountain Hills -owned lands within the Fountain Hills McDowell Mountain Preserve, zoned "R143", and undeveloped and developed single-family lots located in the Sunridge Canyon development, zoned "Rl-35H PUD", "R1-l0A9', "R1-6A" and "OSR". WEST: Undeveloped City of Scottsdale -owned lands within and outside of Fountain Hills, zoned "R143." On October 4, 2001 the Fountain Hills Town Council approved a preliminary plat for the Eagle Ridge North subdivision, Case Number S1999-25. The developer of the subdivision, MCO Properties Limited Partnership ("MCO") has recently changed the name of the project to Sienna Canyon. As was discussed during the Council's review of the preliminary plat, MCO is proposing at this time to gain approval of a "master" plat for the subdivision. Instead of platting all of the proposed lots, and developing all of the proposed roads and other infrastructure at this time, MCO is proposing to develop Eagle Ridge Drive, the main collector -type road within the subdivision, and nine large parcels of land. MCO will, in the near future, request final plat approval for the nine parcels, which will contain all of the developable single-family lots and the remainder of the roads within the Sienna Canyon subdivision. Please see the attached 81/2 x 11 reductions of the proposed final plat for Sienna Canyon. M, Town Council Staff Report Sienna Canyon, S 1999-024 November 30, 2001 Page 2 of 3 Also on the December 4, 2001 Town Council agenda is the Council's consideration of the final Settlement Agreement for the NorthPeak (AKA Eagles Nest) and the Sienna Canyon developments. Staff has reviewed the final plat application and the improvement plans submitted by MCO against the approved preliminary plat as stipulated and with the approved draft Settlement Agreement that was also approved by the Town Council on October 4, 2001. The final plat is consistent with the preliminary plat as stipulated and with the approved draft Settlement Agreement, and staff recommends Town Council approval of the final plat for the Sienna Canyon subdivision, Case Number S 1999-024, with the following stipulations: Prior to final plat approval, gain Town Council approval of a final Settlement Agreement that will allow for the development of the proposed final plat according to standards that deviate from the regulations found in The Subdivision Ordinance of the Town of Fountain Hills. 2. Prior to final plat recordation submit subdivision construction assurances acceptable in form and amount to the Town Engineer and Town Attorney. On the final plat note that on the successive final plats for Parcels 1-9 that each developable lot crated therein will be allocated a maximum amount of land disturbance as specified in the final Settlement Agreement. 4. Successive final plats for the nine parcels shall note that this disturbance allocation, as noted above, will include all disturbance necessary for the development of a lot, including driveways, utility lines, house construction, any other construction or grading and disturbance buffers required at that time, that this disturbance allocation will also include any areas needed to be disturbed even if those areas had been previously disturbed through the subdivision construction process. If joint -use driveways are constructed by the developer during the subdivision improvement process, the disturbance for those driveways and underground utilities shall be included in each lot's disturbance allocation on the final plat. Prior to building permit approval, the lot owner will be required to dedicate to the Town a Hillside Protection Easement over all of a lot except for the area equal to the disturbance allocation for that lot as specified on the Final Plat. 5. Prior to final plat recordation, ensure that the emergency access route on the jeep trail such that there is no added visible disturbance, so that there are no retaining walls or additional cut/fill grading. The Town will support a 16-foot wide unpaved, all-weather road, (with consideration to widths not less than 12 feet where necessary) with six vehicle turnouts. The development of drainage pipes at selected locations is allowable to ensure the all-weather nature of this roadway. Asphaltic pavement will only be acceptable for extremely sloping portions of the access route. All other portions of this alignment shall have alternative all-weather surfacing. Any and all utilities that desire to place utility lines within the jeep trail corridor must locate their lines within areas directly beneath the existing roadway. Other than fire hydrants, no aboveground utility lines, boxes, or any other equipment is permitted. Underground vaults may be permitted at the discretion of the Town. 6. Prior to final plat recordation gain approval of landscape plans, revegetation plans and irrigation plans for all disturbed areas of the property consistent with Article VI of The Subdivision Ordinance of the Town of Fountain Hills, including all jeep trails on land to be owned by the Town. Town Council Staff Report Sienna Canyon, S 1999-024 November 30, 2001 Page 3 of 3 7. Comply with all Town improvement plan review comments, as modified and submit all remaining supporting improvement plans and documents. Participate in a traffic signal at the Eagle Ridge Drive/Palisades Blvd intersection in accordance with a proposed participation agreement —if executed —or in accordance with the Preliminary Plat requirements. 9. Grant additional easements and rights -of -way by donation along Eagle Ridge Drive and other plat locations, upon request from the Town Engineer. (These easements will generally be platted with the individual parcel plats, but depending on plat phasing may require separate grant(s) of easement or dedication.) 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W ic'"o:,' S 'O � �s W vm,v Z 8&5�' W ,tt zt-1 ,ZS'f8=l W N ,00,061-N ,SO,ILSZ-V W mc+"m 3 hio ry3'I �P^i p Y1'p n ry ORYQ�11f W N Z •��,�s 263 5 v1lNt+l 40� W 1 N7R2�O Z I U'fZ-1 ,6Z'ft-1 +�- .00 OS-8 ti ,Z4,9f.6t-V 234.93' 1 1 NO3-06'15"W(R) H Z n o in m ei 1 1 ry TOWN OF FOUNTAIN HILLS TOWN COUNCIL STAFF REPORT NOVEMBER 30, 2001 CASE NO.: S1999-025 LOCATION: The area of Fountain Hills known as Eagles Nest, located in the far northwest corner of the Town, west of Plats 505-13, 505-C, 515 Amended, 514 and 513, and north and northwest of the Shadow Canyon subdivision. REQUEST: Consideration of a Final Plat for the proposed NorthPeak (AKA Eagles Nest) subdivision. DESCRIPTION: OWNER: MCO Properties Limited Partnership APPLICANT: MCO Properties Limited Partnership EXISTING ZONING: "R1-35" and "R1-43" PARCEL SIZE: 485.53 Acres PROPOSED NUMBER OF LOTS: 8 Parcels and 2 Tracts SURROUNDING LAND USES AND ZONING: NORTH: Undeveloped land located in McDowell Mountain Park, zoning unknown. SOUTH: Undeveloped Town of Fountain Hills -owned lands within the Fountain Hills �. McDowell Mountain Preserve zoned "R1-43", undeveloped City of Scottsdale - owned lands in Fountain Hills, zoned "R1-43" and an undeveloped area of land known as Eagles Ridge North, also zoned "R1-43." EAST: Undeveloped and developed single-family lots located in plats 505-13, 505-C, 515 Amended, 514, 513, and the Shadow Canyon subdivision, zoned "R1-10", "R1- 10" P'R1-35H"P'OSR", RI-35IT P'OSR", "R1-10 PUD"P'OSR" and "R1- 35W"OSR", respectively. WEST: Undeveloped Town of Fountain Hills -owned lands within the Fountain Hills McDowell Mountain Preserve zoned "R1-43" and City of Scottsdale -owned lands in Fountain Hills, zoned "R1-43." Pq On October 4, 2001 the Fountain Hills Town Council approved a preliminary plat for the Eagles Nest subdivision, Case Number S1999-25. The developer of the subdivision, MCO Properties Limited Partnership ("MCO") has recently changed the name of the project to NorthPeak. As was discussed during the Council's review of the preliminary plat, MCO is proposing at this time to gain approval of a "master" plat for the subdivision. Instead of platting all of the proposed lots, and developing all of the proposed roads and other infrastructure at this time, MCO is proposing to develop Mountain Parkway/Golden Eagle Boulevard, the main looping road within the subdivision, and eight large parcels of land. MCO will, in the near future, request final plat approval for the eight parcels, which will contain all of the developable single-family lots and the remainder of the roads within the NorthPeak subdivision. Please see the attached 81/2 x 11 reductions of the proposed final plat for NorthPeak. 97127.01 Town Council Staff Report NorthPeak, S 1999-025 November 30, 2001 Page 2 of 3 Also on the December 4, 2001 Town Council agenda is the Council's consideration of the final Settlement Agreement for the NorthPeak and the Sienna Canyon (AKA Eagle Ridge North) developments. Staff has reviewed the final plat application and the improvement plans submitted by MCO against the approved preliminary plat as stipulated and with the approved draft Settlement Agreement that was also approved by the Town Council on October 4, 2001. The final plat is consistent with the preliminary plat as stipulated and with the approved draft Settlement Agreement, and staff recommends Town Council approval of the final plat for the NorthPeak subdivision, Case Number S 1999-025, with the following stipulations: 1. Prior to final plat approval, gain Town Council approval of a final Settlement Agreement that will allow for the development of the proposed final plat according to standards that deviate from the regulations found in The Subdivision Ordinance of the Town of Fountain Hills. 2. Prior to plat recordation gain Town Council approval of the abandonment of the Non Vehicular Access Easement (NVAE) along Sunridge Drive where Mountain Parkway is proposed to intersect (application has been submitted). 3. Prior to final plat recordation submit subdivision construction assurances acceptable in form and amount to the Town Engineer and Town Attorney. 4. On the final plat note that on the successive final plats for Parcels 1-8 that each developable lot crated therein will be allocated a maximum amount of land disturbance as specified in the final Settlement Agreement. 5. Successive final plats for the eight parcels shall note that this disturbance allocation, as noted above, will include all disturbance necessary for the development of a lot, including driveways, utility lines, house construction, any other construction or grading and disturbance buffers required at that time, that this disturbance allocation will also include any areas needed to be disturbed even if those areas had been previously disturbed through the subdivision construction process. If joint -use driveways are constructed by the developer during the subdivision improvement process, the disturbance for those driveways and underground utilities shall be included in each lot's disturbance allocation on the final plat. Prior to building permit approval, the lot owner will be required to dedicate to the Town a Hillside Protection Easement over all of a lot except for the area equal to the disturbance allocation for that lot as specified on the Final Plat. 6. Prior to final plat recordation, ensure that the emergency access route on the jeep trail such that there is no added visible disturbance, so that there are no retaining walls or additional cut/fill grading. The Town will support a 16-foot wide unpaved, all-weather road, (with consideration to widths not less than 12 feet where necessary) with six vehicle turnouts. The development of drainage pipes at selected locations is allowable to ensure the all-weather nature of this roadway. Asphaltic pavement will only be acceptable for extremely sloping portions of the access route. All other portions of this alignment shall have alternative all-weather surfacing. Any and all utilities that desire to place utility lines within the jeep trail corridor must locate their lines within areas directly beneath the existing roadway. Other than fire hydrants, no aboveground utility lines, boxes, or any other equipment is permitted. Underground vaults may be permitted at the discretion of the Town. Town Council Staff Report NorthPeak, S 1999-025 November 30, 2001 Page 3 of 3 7. Prior to final plat recordation gain approval of landscape plans, revegetation plans and irrigation plans for all disturbed areas of the property consistent with Article VI of The Subdivision Ordinance of the Town of Fountain Hills, including all jeep trails on land to be owned by the Town. Comply with all Town improvement plan review comments, as modified and submit all remaining supporting improvement plans and documents. Participate in a traffic signal at the Sunridge Drive/Palisades Blvd intersection in accordance with a proposed participation agreement —if executed —or in accordance with the Preliminary Plat requirements. 10. Grant additional easements and rights -of -way by donation along Golden Eagle Blvd/Mountain Parkway and other plat locations, upon request from the Town Engineer. 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' .. u. � nou.uos�o o. u �+ n.x.� .ov..u. you o VNOZINV 'AlNnoo VdO3QI W ' W 8'8 'N *S 9'`J "39'2!"NE'1'B4L'S'SSNO1103SJOSi8Vd ...�w ,.so ZV 'Snw NIv1NnOA $ S ' � )IeedWIJON g`S '„arm y NOSIHHO C i V l d l V N I d 338 00 999 (v3W) .os'18S 13A� A (03N) 3-00.00.00 S • p (SONI8V38 30 SISVB) o 's„ 'x- 00 J W U c o Icri�M z � Q z it _ jf3 L . lIJ :I �2 cross 3 0000. Los r /7g gRsB \� '.r•, a,lO,�g vp :'$9$ «, 93 W rnIS m �� t6� JF�. ogon� y $tee g.l g�0 g.s RRR �� se zz 60 ✓� # W egg ok _ w I e y •,�..aa.or-'___�o�=ercae'3� /,5'.�,`: (=I Al 1 3 3 H S 3 3 S 8 133HS 33S • U 1 p_p r U � 1 _ U / 0- 1 Law Offices of ® William E. Farrell, P.L.L.C. Tel (480) 837-5750 William E. Farrell Fax (480) 837-5805 E-mail billfarrell(a�gwest.net MEMORANDUM TO: Mayor and Council Town Clerk FROM: William E. Farrell Town Attorney Acting Town Manager DATE: November 30, 2001 Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 RE: MCO Settlement Agreement The settlement agreement between the Town and MCO in the 3 pending lawsuits acts much as the development agreement would in relationship of the Firerock plat approvals. The method of using the settlement agreement. It is our hope that with this agreement that all of the future contingencies regarding the development of these two plats can be reduced to writing. This agenda and this week have been especially hectic and therefore the settlement agreement that I am including in your packet will be changed but only slightly on Tuesday evening. Jeff Valder and I have had a chance to read through the agreement once and we have some suggested changes, most of which are either a phrase or a clause. MCO has kindly agreed on Monday to gather all of the suggested comments and changes and provide both a redline and a finished version. Please retain the colored maps attached here as new maps will not be provided on Tuesday evening. We would hope very much to have approval of this agreement on Tuesday evening, December 41h and we are committed to spend whatever time is necessary that evening as this is a critical document for our proposed December 20th closing and exchange of deeds and cash. Should you have any items that you wish to have changed or altered please let me know on Monday or early Tuesday morning and we will make every effort to have finished text available for your Tuesday evening. r �J Memorandum Re: MCO Settlement Agreement November 30, 2001 Page 2 I know in any situation there is always give and take and obviously there are some areas where the settlement agreement will bestow some benefits on the 415 lots that might not have been grated to other developments in the community. This is all part of the negotiating process and I highly recommend approval of the settlement agreement with small technical corrections which we will have for you on Tuesday. Respectfully submitted, (;HhAE. Farrell Acting Town Manager Town Attorney C FINAL SETTLEMENT AGREEMENT This Final Settlement Agreement ("Agreement") is made and entered into as of December 4, 2001 (the " Approval Date"), by and between the Town of Fountain Hills, an Arizona municipal corporation (" Town"), and MCO Properties, L.P. d/b/a MCO Properties Limited Partnership, a Delaware limited partnership doing business in the State of Arizona ("MCO"). A. MCO is the owner of the real property depicted on Exhibit "A" to this Agreement (the "Mountain Property"). The Mountain Property is comprised of approximately 1,269.36 acres of undeveloped land. B. A portion of the Mountain Property, as more particularly described on Exhibits " B-V and "B-2" to this Agreement (the "Property"), is now divided into subdivisions presently known as Eagle Ridge North, as depicted on Exhibit "A" to this Agreement and described on Exhibit "B-1" to this Agreement ("Eagle Ridge North"), and presently known as Eagles Nest, as depicted on Exhibit "A" to this Agreement and described on Exhibit "B-2" to this Agreement (" Eagles Nest"). C. The Town has commenced two condemnation actions against MCO to acquire portions of the Mountain Property to add to the Fountain Hills McDowell Mountains Preserve. The two actions were consolidated as Town of Fountain Hills v. MCO Properties, L.P., No. CV 99-12291/No. C 2000-019579 (consolidated) (the "Condemnation Litigation"), and are presently pending in the Superior Court of the State of Arizona in and for the County of Maricopa (" Court"). In the Condemnation Litigation, MCO challenged, among other matters, the scope of the Town's proposed acquisition and further asserted that the Town improperly delayed development of the Mountain Property. D. MCO and the Town are also parties to an action pending in the Court denominated MCO Properties L.P. v. Town of Fountain Hills, No. CV 2001-000102 (the " Subdivision Ordinance Litigation"). In the Subdivision Ordinance Litigation, MCO challenged, among other things, the constitutionality of certain aspects of the Subdivision Ordinance of the Town of Fountain Hills (the "Subdivision Ordinance") and the applicability of the Subdivision Ordinance to the Mountain Property. Specifically, but without limitation, MCO asserted that certain provisions of the Subdivision Ordinance effected an unlawful exaction and purported to deprive MCO of its property or property interests without just compensation. E. An affiliate of MCO and the Town are also parties to an action pending in the Court and denominated MCO Committee for Referendum, et al. v. Town of Fountain Hills, et al., No. CV 99-22556 (the "Referendum Litigation"). In the Referendum Litigation, MCO's affiliate challenged certain aspects of the Town's review and processing of referendum petitions filed in an effort to overturn certain actions of the Town Council which potentially impacted development of the Mountain Property. F. The parties have previously entered into the " McDowell Preserve Settlement C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11 /30/01 4:07 pm Agreement" dated June 27, 2001 (the "McDowell Preserve Settlement Agreement") with respect to settlement of the Condemnation Litigation, the Subdivision Ordinance Litigation and the Referendum Litigation (collectively, the "Pending Actions"). G. Pursuant to the McDowell Preserve Settlement Agreement, amended preliminary plats for development of Eagle Ridge North (Case Number S 1999-024) and Eagles Nest (Case Number S 1999-025) were submitted by MCO to the Town and were unanimously approved by the Town Council on October 4, 2001 (the "Preliminary Plats"). In connection therewith, the Town abandoned (i) its non -vehicular access easement at the intersection of Mountain Parkway and SunRidge Drive and (ii) the public rights -of -way within Eagles Nest (Resolution 2001-42). H. Pursuant to the McDowell Preserve Settlement Agreement, a Master Plat of the Property (the "Final Master Plat") were submitted by MCO to the Town and approved on the date hereof. The Final Master Plat contemplates that Eagle Ridge North will be renamed "Sienna Canyon" and Eagles Nest will be renamed "North Peak." I. The Town and MCO each now desire to finally settle and resolve the Pending Actions on the terms and conditions set forth herein. As further essential elements of that settlement, the Town and MCO desire to (i) further provide for conveyance of a portion of the Mountain Property as depicted on Exhibit "A" to this Agreement (the "New Preserve Land") by MCO to the Town pursuant to the terms hereof and escrow instructions containing such provisions as are reasonably acceptable to the Town and MCO (the "Transfer Instructions") and (ii) establish certain guidelines, standards, and agreements to govern the development of the Property pursuant to the Preliminary Plats and the Final Master Plat. J. Upon its approval and execution, this Agreement shall be deemed to supplement and amend the McDowell Preserve Settlement Agreement. In the event of the terms of this Agreement and the McDowell Preserve Settlement Agreement conflict, the terms of this Agreement shall govern. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and MCO agree as follows: 1. Conditions to Effectiveness of Agreement. 1.1 The effectiveness of this Agreement is expressly conditioned upon the occurrence of the following actions by or before the dates specified herein, or any extensions as provided for herein: 1.1.1. Recordation by the Town in the Records of the Maricopa County Recorder's Office of the Final Master Plat of the Property, by or before December 10, 2001. 1.1.2. Approval by the Town Council of its acquisition of the New Preserve Land, and recission by the Town Council of that certain Resolution No. 2001- authorizing the acquisition of an alternative access way into Eagle Ridge North over Rhodes Court, by or before December 15, 2001, with no conditions or stipulations unacceptable to MCO in its sole C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm discretion. 1.1.3. Execution of the Transfer Instructions by the parties and Closing under the Transfer Instructions by or before December 20, 2001; and 1.1.4. Payment in accordance with the provisions of Section 3 of this Agreement, by the Town to MCO, by or before December 20, 2001. 1.1.5. The parties do not believe that this Agreement or any action to betaken or approved to be given in furtherance of this Agreement is subject to stay, injunction, referendum or appeal (any appeal rights of the parties hereto being expressly waived). If however, a court of competent jurisdiction were to determine otherwise, the effectiveness of this Agreement shall further be conditioned on the entry of a final non -appealable judgment dismissing or terminating such injunction, stay or referendum or upon confirmation of this Agreement in an appropriate referendum election provided, however, that MCO shall have the right in its sole discretion to waive this condition at any time and from time to time; and provided further that MCO shall be entitled to interest at the rate provided in Section 2.8 of this Agreement on all monies required to be paid by the Town pursuant to Section 3 of this Agreement, from December 20, 2001 until paid in full. The conditions described in Sections 1.1.1.4.1.5. of this Agreement are hereinafter referred to as the "Conditions." 1.2 Subject to the provisions of Section 1.1.5 of this Agreement, the Conditions may only be waived or extended by written agreement of the parties; provided, however, that MCO in its sole and unfettered discretion may extend the date for the Town's compliance with the Conditions by written notification to the Town of such extension. 1.3 In the event of failure of a Condition which has not been waived, this Agreement shall be void and of no force or effect. In such circumstances, the parties shall take all actions and execute all documents, instruments and stipulations (and instruct their counsel to take all actions and to execute all documents, instruments and stipulations), necessary to restore to parties, to the extent practicable, to the status quo existing prior to execution of this Agreement, and neither this Agreement, the McDowell Preserve Settlement Agreement, nor the negotiations which led to the execution of such agreements, shall be admissible in any action involving the parties (including the Pending Actions) other than an action to enforce, or to declare the rights of the parties, under this Agreement. 2. Resolution of the Pending Actions. 2.1 The parties acknowledge that they have advised the Court in the Pending Actions of the McDowell Preserve Settlement Agreement, and the fact that the Pending Actions have been settled subject to the terms and conditions thereof. 2.2 The Court has placed each of the Pending Actions on the Inactive Calendar until January 31, 2002, so as to permit fulfillment of the McDowell Preserve Settlement Agreement, C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm including, without limitation, the Conditions. 2.3 The date upon which all conditions (including, without limitation, the Conditions) to effectiveness of this Agreement have been satisfied or fulfilled is referred to in this Agreement as the "Effective Date." 2.4 As soon after the Effective Date as reasonably possible, the parties shall cause their respective counsel to file with the Court in the Subdivision Ordinance Litigation, and in the Referendum Litigation, Stipulations for Dismissal With Prejudice in form and substance reasonably acceptable to the parties and their respective counsel, and shall take all other actions and execute all other documents necessary to obtain entry of Orders of Dismissal in form and substance reasonably acceptable to the parties and their respective counsel. The parties shall further take all actions necessary to suspend or continue (or if necessary, dismiss and then reinstate) the Condemnation Litigation until the Effective Date. 2.5 As soon after the Effective Date as reasonably possible, the parties shall cause their respective counsel to file with the court in the Condemnation Litigation a Stipulation for Entry of Final Judgment incorporating the terms of this Agreement and in form and substance reasonably acceptable to the parties and their respective counsel, and shall take all other actions and execute all other documents necessary to obtain entry of a Final Judgment in the Condemnation Litigation in form and substance reasonably acceptable to the parties and their respective counsel. Without limiting the foregoing, the Final Judgment shall provide for entry of a Final Order of Condemnation only upon satisfaction by the Town, and written acknowledgment of satisfaction by MCO, of all payment and other obligations of the Town under the terms of the Final Judgment. The Final Order of Condemnation shall reflect, if appropriate, that all required transfer of title may have been completed, by deed, through escrow, pursuant to the Transfer Instructions. 2.6 Upon entry of the Final Judgment in the Condemnation Litigation, the parties shall execute a Memorandum of Final Judgement incorporating the terms of this Agreement and in form and substance reasonably acceptable to the parties and their respective counsel. MCO may file and/or record the Final Judgement and/or the Memorandum of Final Judgement as it deems appropriate in its sole and unfettered description. 2.7 Upon entry of the Final Judgment in the Condemnation Litigation, the Town shall deliver to counsel for MCO a Release of Lis Pendens in form and substance reasonably acceptable to the parties and their respective counsel. MCO may file and/or record the Release of Lis Pendens as it deems appropriate in its sole and unfettered description. 2.8 The Final Judgment shall provide for interest on all sums payable by the Town to MCO, from August 19, 2001 through the date the payment made in accordance with the provisions of Section 3 of this Agreement, at the maximum LGIP pool interest rate available to the Town (or a similar rate available to the Town in the event of discontinuance or unavailability of the LGIP pool for any reason). 3. Acquisition of the New Preserve Land C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm 3.1 Subject to the provisions of Section 1.1.5 of the Agreement, the parties agree that no later than December 20, 2001, the Town shall acquire approximately 354 acres comprising the New Preserve Land, pursuant to the Final Judgment and the Transfer Instructions. 3.2 Pursuant to the Final Judgment, no later than December 20, 2001, the Town shall pay MCO by wire transfer or other delivery of immediately available funds, the principal amount of Thirteen Million and no/100 Dollars ($13,000,000), with interest as provided in Section 2.8 and/or Section 1.1.5 (the "Purchase Price"). 3.3 Pursuant to the Final Judgment, in partial consideration for acquisition of the New Preserve Land, within twenty (20) days after MCO's request, the Town shall pay MCO, or as MCO directs, Five Hundred Thousand Dollars ($500,000) from its Salt River Project Aesthetic Funds, to partially defray the cost of installing an underground 69 Kv electric line in Eagle Ridge North. The Town agrees to maintain at least Five Hundred Thousand Dollars ($500,000) of Salt River Project Aesthetic Funds available for such purpose. 3.4 In the event the Town does not acquire the New Preserve Land pursuant to this Agreement, the Town shall not be entitled to immediate possession hereunder but shall have the right to seek immediate possession under A.R.S. §12-1116. 4. The New Preserve Land. (W 4.1 The Town intends to construct a trailhead within the New Preserve Land (the " Trailhead") and a pedestrian trailway within the New Preserve Land (the "Trailway") pursuant to the following provisions. 4.2 The Trailhead shall in arking accommodations for o 20 private vehicles is also be use o park up to two ( untain Hills sch uses for up to two (2) hojdrs each day dur days between 7:00 a.m. and 6: 4.3 Prior to the sale of those lots within Eagle Ridge North that are located immediately adjacent to the Trailway, MCO shall record restrictions against such lots, notifying the respective owners of such lots of the public Trailway adjoining the lots. The Town acknowledges that such notification may be incorporated into the declarations of reservations that MCO intends to record governing the development of the Property (the "CC&Rs"). 4.4 Final site plans and development standards for the Trailhead and Trailway shall be materially consistent with Preliminary Plats and the Final Master Plat, and shall be determined in a joint planning process between the Town and MCO, provided, however that, subject to applicable law governing the scope of the Town's review and obligations based upon its prior approval of the Preliminary Plats and Final Master Plat, the Town shall have the sole right to C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm approve the final site plans and standards for the Trailhead and Trailway. The Town shall thereafter construct the Trailhead and Trailway pursuant to the approved final site plans and standards. 4.5 Exhibit " A" attached hereto depicts a portion of the New Preserve Land commonly referred to as the "existing jeep trail" and referred to herein as the "Emergency/Utility Access". Notwithstanding the Town's acquisition of the New Preserve Land as provided herein, �Y the Town agrees that the Emergency/Utility Access shall be utilized for gated fire/emergency vehicle access and utilities service for Eagles Nest and Eagle Ridge North on the terms provided herein. 4.5.1. The Town shall acquire the New Preserve Land subject to MCO's reservation of all rights and easements (but not fee title) reasonably necessary to construct, improve and use (on the terms set forth herein) an unpaved emergency access roadway and construct, maintain and use underground utilities (including customary above -ground appurtenances) within the corridor comprising the Emergency/Utility Access. 4.5.2. The Emergency/Utility Access shall be no wider than twenty (20) feet wide (or such other less obtrusive configuration as may be allowed), and its design shall (i) be exempt from Subdivision Ordinance road design criteria, (ii) be reasonably acceptable to the parties, (iii) allow its use for utilities service to serve the Property, and (iv) allow concurrent use as a pedestrian trail. The Emergency/Utility Access shall be completed by MCO in conjunction with its completion of subdivision improvements for Eagles Nest. Following improvement of the Emergency/Utility Access, MCO shall return its surface to as natural a state as reasonably possible, including needed revegetation and natural color restoration. Following completion of MCO's work on the surface of the Emergency/Utility Access, the Town shall maintain the Emergency/Utility Access area, which obligation shall be reflected in an easement instrument or by reservation in the conveyance instrument. 4.5.3. The Emergency/Utility Access easement or reservation shall additionally provide.that the Emergency/Utility Access shall be used only for utilities purposes and otherwise only in cases where the southern route to Eagle Ridge North is blocked or otherwise unusable or on other emergency situations when reasonably necessary for purposes of public safety or to preserve private property. 4.5.4. The Emergency/Utility Access easement or reservation shall contain such other provisions and shall be in such form as is reasonably acceptable to both the Town and MCO. 4.6 The Town shall acquire the New Preserve Land subject to MCO's reservation in the Final Master Plat of the New Preserve Land of (i) a reservoir site and access corridor serving Eagle Ridge North as shown on the map attached hereto as Exhibit "A," and (ii) a reservoir and access corridor serving Eagles Nest as shown on the map attached hereto as Exhibit " All (collectively, the "Reservoir Sites and Access"). 4.6.1. The easements and/or reservations described in this Section 4.6 shall C:NyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm provide, among other things, that MCO and its successors and assigns shall have the rights and easements (but not fee title) necessary to construct, improve, maintain, repair, replace, operate and use reservoirs, access roads and related improvements acceptable to Chaparral City Water Company ("CCWC") within the respective easement/reservation areas, and the right to grant such rights and easements to such Reservoir Sites and Access to CCWC or its successor water service provider. 4.6.2. Such easements and/or reservations shall contain such other provisions and shall be in such form as is reasonably acceptable to the Town, MCO and CCWC. 5. Final Parcel Plats within Eagles Nest and Eagle Ridge North 5.1 Following recordation of the Final Master Plat, MCO intends to submit to the Town complete final parcel plat applications for single-family residential development of the parcels within Eagle Ridge North and Eagle Nest (the " Final Parcel Plats"). The parties acknowledge that the design of the roadways, lot line layouts, and other major subdivision improvements for the Final Parcel Plats will be based on the approved Preliminary Plats and Final Master Plat. 5.2 The Town shall use its best efforts to promptly process and approve such Final Parcel Plats applications, including improvement drawings in connection therewith, as soon as reasonably possible and, provided MCO has submitted applications for the Final Parcel Plats no later than August 4, 2002, in no event later than October 4, 2002. The parties acknowledge that since Preliminary Plats for the Property have previously been approved by the Town, the Final Parcel Plats applications shall require no proceedings in addition to Town Council approval pursuant to Subdivision Ordinance Section 206 (G). 5.3 The Town shall use its customary past standards in determining whether MCO's Final Parcel Plat applications are complete. The Town shall work in good faith with MCO and notify MCO no more than seven (7) days after the Town's receipt if it deems any such application, or any submittal consisting of part of the application, to be incomplete. 5.4 In connection with its approval of Final Parcel Plats within Eagles Nest, the Town shall grant administrative approval to MCO to gate the entrances into Eagles Nest. 5.5 In connection with its approval of Final Parcel Plats within Eagle Ridge North, the Town shall, if not previously accomplished: 5.5.1 Abandon the public rights -of -way within Eagle Ridge North, but excepting the public right-of-way depicted on the Final Master Plat as Eagle Ridge North Parkway; and 5.5.2 Grant administrative approval to gate the entrances to such abandoned rights -of -way from Eagle Ridge North Parkway. 6. Matters Relating to Development of Eagles Nest and Eagle Ridge North. C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm 6.1 Zoning. The Official Zoning Districts Map of the Zoning Ordinance of the Town of Fountain Hills (the "Zoning Ordinance") provides that portions of the Property are zoned ., R1-43, R1-35, R1-8 and R1-6 (the "Zoning"). 6.1.1 The Zoning with respect to the Property is "Vested" (as defined below) from the Effective Date and shall continue for the entire Property for not less than ten (10) years from the Effective Date (the "Initial Vesting Period"). 6.1.2 The Zoning shall be and remain Vested thereafter, if substantial expenditures have been incurred therein, which expenditures may solely include planning and engineering costs, and for which a governmental permit for subdivision improvement or other development has been granted ("Initial Development"). 6.1.3 For any parcel comprising the Property (as shown on the Preliminary Plats) in which Initial Development did not occur during the Initial Vesting Period, the Zoning shall remain in place. However, the statutes, legislative action, and judicial decisions then applicable to MCO's (or its successor's) continued right to develop such parcel pursuant to the Preliminary Plats shall determine whether the Zoning remains Vested for that parcel. 6.1.4 "Vested" means that the Town shall not, without MCO's written consent, (i) change the Zoning to another zoning district or zoning classification, or (ii) amend a zoning classification or take any other action in a manner which would apply to the Property, where any such change, amendment, or action would reduce the density, permitted uses, or lot development standards provided for hereunder or otherwise in effect as of the date hereof. 6.2 Density. 6.2.1. MCO shall be permed to develop, and t Town shall approve for development, Final Parcel Plats for 415 single-family resident al units o the Property, comprised of approximately 244 single-family residential units within Ea le's Nest and approximately 171 single-family residential units within Eagle Ridge h. 6.2.2. Without limiting the foregoing, the Town Zoning Administrator has determined that the Emergency/Utility Access eliminates the single entrance 90-unit limitation for Eagle Ridge North set forth in Subdivision Ordinance Section 305 (A)(3)(e). The inapplicability of the 90-lot limitation has been confirmed by the Town Council in connection with its approval of the Preliminary Plats and Final Master Plat, and shall be confirmed by the Town Council in connection with its approval of Final Parcel Plats for parcels within Eagle Ridge North. 6.2.3. Without limiting the foregoing, no later than December 10, 2001, the Town Council shall rescind that certain Resolution No. 2001- authorizing the acquisition C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm of an alternative access way into Eagle Ridge North over Rhodes Court. 6.2.4. MCO may increase the number of units as set forth in the Final Parcel (46-, Plats for one or more parcels or sub -parcels comprising the Property, provided the total number of single-family residential units for the entire Property does not exceed 415, the Property remains in conformity with the Zoning, and any such Final Parcel Plat is materially consistent with the applicable Preliminary Plat and the Final Master Plat. Without limiting the foregoing, MCO may adjust the number of units, as set forth in the Final Parcel Plats, between Eagle Ridge North and Eagles Nest, provided the total number of single-family residential units for the entire Property does not exceed 415, the Property remains in conformity with the Zoning, and the Final Parcel Plats remain materially consistent with the applicable Preliminary Plat and the Final Master Plat. 6.2.5 The CC&Rs shall prohibit re -subdivision of any lot or parcel comprising the Property, following recordation of the applicable Final Parcel Plat, unless such re -subdivisions are lot -line readjustments, which shall be granted in the reasonable discretion of the Town. 6.3 Cul-de-sac Streets. 6.3.1. The parties acknowledge that (i) Subdivision Ordinance Section 305(A)(3)(b) and (c) provide for the maximum length of cul-de-sac streets built to local and hillside -local road standards and the number of lots served by such cul-de-sac streets, and (ii) Town staff has requested that the cross -slope of cul-de-sac bulbs not exceed 8% (collectively, the "Cul-de-sac Standards"). 6.3.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide for certain cul-de-sac streets within the Property to be developed that vary from the Cul-de-sac Standards. 6.3.3. The Town agrees that the Cul-de-sac Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of cul-de-sac streets within the Property no longer than 2,900 feet, with no more than 25 lots. MCO shall use good faith efforts to limit the cross -slope of cul-de-sac bulbs to 8% where reasonably possible. 6.4 Loop Roads. 6.4.1. The parties acknowledge that Subdivision Ordinance Section 307 (A) and Exhibit 17 sets forth certain loop road standards (the "Loop Road Standards"). 6.4.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide for (i) certain loop road lengths up to 3,500 feet, (ii) one loop road of up to 4,500 feet, beginning at lots 34/64 and end at lots 70/90 in Eagle's Nest, as such lots and road are depicted on the approved Eagles Nest Preliminary Plat; and (iii) one loop road of up to 6,140 feet, beginning at lots 33/56 and ending at lots 54/55 in Eagle Ridge North, as such lot and road are depicted on approved Eagle Ridge Preliminary Plat (collectively, the "Mountain Loop Road C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm Standards"). 6.4.3. The Town agrees that the Loop Road Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of the Property in accordance with the Mountain Loop Road Standards. 6.5 Road Grades. 6.5.1. The parties acknowledge that Subdivision Ordinance Section 305 (B)(1) sets forth provisions with respect to road grades on streets (the "Road Grade Standards"). 6.5.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide for road grades above 15%, but no greater than 18%, for up to 400 feet within certain private hillside local roads contained within the Property, and road grades above 15%, but no greater than 20%, for the Emergency/Utility Access and the utility access roads serving the Reservoir Sites (the "Mountain Road Grade Standards"). 6.5.3. The Town agrees that the applicable Road Grade Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of the Property, the Emergency/Utility Access, and the utility access roads serving the Reservoir Sites in accordance with the Mountain Road Grade Standards. 6.6 Retaining Walls. 6.6.1. The parties acknowledge that Subdivision Ordinance Section 506 sets forth certain standards for the height of retaining walls for cut slopes and fill slopes (the " Retaining Wall Standards"). 6.6.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide (i) for an average of six (6) foot high retaining walls for cut slopes, without handrails, (ii) for an average of eight (8) foot high retaining walls for fill slopes, without handrails, unless a sidewalk is within three (3) feet of a fill slope retaining wall, and (iii) that bridge and con arch abutments, head walls, and wing walls are not considered retaining walls (the "Mountain Retaining Wall Standards"). 6.6.3. The Town agrees that the applicable Retaining Wall Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of the Property in accordance with the Mountain Retaining Wall Standards. 6.7 Cuts and Fills. 6.7.1 Pursuant to the approval procedures set forth in Section 503(D) of the Subdivision Ordinance, the Town Council has approved those cut and fill waivers necessary to construct the streets and roads and other subdivision improvements serving the Property, pursuant to Case Numbers CFW2001-05 and CFW2001-06. C:WyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm 6.7.2 Any additional cut and fill waivers as may be necessary for the development of residential structures on the Property shall be subject to the approval procedure ., set forth in Section 503(D) of the Subdivision Ordinance, as the standards for granting such waivers have been implemented to date by the Town Council. 6.7.3. The parties acknowledge that Section 503(F) of the Subdivision Ordinance provides for determining the maximum slope of cut grading (the "Cut Standards"). 6.7.4. The Town has approved the Preliminary Plats and Final Master Plat, which where permissible in the reasonable judgment of MCO's independent soils engineer, provide for (i) cut slopes of up to four (4) feet in height with completely vertical inclination (without retaining wall), and (ii) exposed cut slopes equal to one foot horizontal for every two feet vertical (for cut slopes up to six (6) feet in height) (the "Mountain Cut Standards"). 6.7.5. The Town agrees that the Cut Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of the Property in accordance with the Mountain Cut Standards. 6.8 Disturbance Allowance Procedures. 6.8.1. The parties acknowledge that Subdivision Ordinance Section 504 sets forth provisions allowing hillside disturbance within subdivisions, and except as provided by the Disturbance Allowance Procedures (as defined below), shall apply to development of the Property, including the penalties set forth therein for violation thereof. 6.8.2. The Town hereby approves development of the Property with an average lot disturbance of 22,700 square feet per lot (the "Disturbance Allowance"), and a total allowable disturbance of 9,420,500 square feet. All subdivision improvements, including but not limited to all road, utility line and water tank construction, are exempt (i.e., with respect to subdivision infrastructure, all necessary disturbance will be permitted without disturbance penalty). There shall be no transfer of hillside disturbance from the New Preserve Land to the Property. In no event shall the Disturbance Allowance exceed 35,000 square feet on any lot. 6.8.3. The parties hereby adopt the following procedures (the " Disturbance Allowance Procedures") to implement the Disturbance Allowance permitted for the Property: (i) The applications for the Preliminary Plats included the aggregate Disturbance Allowance of 9,420,500 square feet pursuant to Section 6.8.2. (ii) The calculated Disturbance Allowance for each lot shall be set forth on the applicable Final Parcel Plat. C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm (iii) The aggregate Disturbance Allowance shall be exhausted through the per -lot allocation on the Final Parcel Plats. There shall be no residual Disturbance Allowance retained by MCO for on- or off -site additional disturbance. (iv) All disturbance subject to limitation pursuant to Subdivision Ordinance Section 504 within a lot comprising the Property shall total the allocated Disturbance Allowance for such lot. The property owner of each lot shall, concurrently with the issuance of the building permit for the construction of a single-family residence on such lot, record a Hillside Protection Easement in the form set forth on Exhibit " C" hereof. Such Hillside Protection Easement shall cover all portions of such lot outside of its allocated Disturbance Allowance area as finally configured, and which are not exempt from the provisions of Subdivision Ordinance Section 504. (v) The Preliminary Plat for Eagle Ridge North showed the building envelopes for lots 100, 101, 102, and 103, as designated on the approved Preliminary Plat. Hillside Protection Easements materially consistent with the building envelopes for these four (4) lots shall be recorded by MCO immediately following the recordation of the respective Final Parcel Plats for such lots. 6.8.4. "Rounding" or feathering the edges of cut banks adjacent to roadways, at the points where such slopes meet the natural grade, shall not be considered disturbance pursuant to the Subdivision Ordinance, and therefore shall not be deducted from the Disturbance Allowance for the Property. 6.8.5. The addition of drought tolerant plantings to front entrance areas and driveway corridors shall not be deemed disturbance of such areas and such areas shall not be deducted from the Disturbance Allowance for the applicable lot. 6.9 Subdivision Ordinance Section 504(E) Approval. 6.9.1. The parties acknowledge that (i) Section 504(E) of the Subdivision Ordinance provides for fencing (as set forth in Subdivision Ordinance Section 504(E)(1)), or disturbance buffers (as set forth in Subdivision Ordinance Section 504(E)(2)), in order to protect " an area at least equal to the hillside protection requirements of the lot, parcel or tract," and (ii) Subdivision Ordinance Section 504(B) provides that " [d]isturbance within street rights -of -way ... shall be exempted from the horizontal hillside disturbance limitations of this ordinance." 6.9.2. The Town agrees that Section 504(E) is not applicable to development of the street rights -of -way, utility corridors outside of street rights -of -way, and other areas disturbed in connection with the installation of subdivision improvements for the Property. 6.9.3. The Town acknowledges that the street rights -of -way disturbance in connection with development of the Property is exempt from the disturbance buffers and fencing provisions of Subdivision Ordinance Section 504(E) and accordingly in compliance with said section. Notwithstanding the foregoing, disturbance corridors shall be delineated with iron C:MyFileslWPD0CS1Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm stakes and ropes. 6.10 Roadway Design. 6.10.1. The parties acknowledge that the Subdivision Ordinance sets forth various provisions with respect to standards for roadway design, including stopping distances and lines of sight on streets (the "Roadway Design Standards"). 6.10.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide for roadway design, including stopping distances and lines of sight, for certain private hillside local roads, local roads, and collector roads within the Property, pursuant to local streets and road standards promulgated by the American Association of State Highway and Transportation Officials in A Policy of Geometric Design of Highways and Streets 2001, Fourth Edition (the "2001 AASHTO Standards"). 6.10.3. The Town agrees that the applicable Roadway Design Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of the Property in accordance with the 2001 AASHTO Standards. 6.11 Lot Ratios. 6.11.1. The parties acknowledge that Section 308(C) of the Subdivision Ordinance provides for determining the maximum lot depth to lot width ratio permissible for lots (the "Lot Ratio Standards"). 6.11.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide for certain lots with a depth to width ratio of 3:1 measured against the Disturbance Allowances allocated to the lot, and exclusive of the Disturbance Allowances applicable to driveway construction (the "Mountain Ratio Standards"). 6.11.3. The Town agrees that the Lot Ratio Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of the Property in accordance with the Mountain Ratio Standards. 6.12 Roadway Cross Sections. 6.12.1. The parties acknowledge that Subdivision Ordinance Section 305 Exhibits 4 through 6 sets forth provisions with respect to typical roadway cross sections on streets (the " Road Section Standards"). 6.12.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide for typical roadway cross sections set forth on Exhibit "D" (the "Mountain Road Section Standards"). 6.12.3. The Town agrees that the Road Section Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of the Property in C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm accordance with the Mountain Road Section Standards. 6.13 Driveway Locations. 6.13.1. The parties acknowledge that the Town has promulgated a "Driveway Policy" for determining the location of driveways in conjunction with other subdivision improvements and line of sight distance. 6.13.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide for driveways in non-conformance with the "Driveway Policy," including without limitation driveways located within 100 feet of a bridge and/or major drainage structure. 6.13.3. The Town agrees that it shall not withhold approval of the Final Parcel Plats based on non-conformance with the "Driveway Policy." 6.13.4. The Town Engineer shall designate a reasonable driveway location in the event a lot comprising Property as shown on the Final Parcel Plat is in non-conformance with the Driveway Policy, including without limitation driveway locations within 100 feet of a bridge and/or major drainage structure. 6.14 Roadway Minimum Horizontal Curve Length. 6.14.1. The parties acknowledge that Subdivision Ordinance Section 305 Table 1 sets forth provisions with respect to minimum horizontal curve length on streets (the " Curve Length Standards"). 6.14.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide for certain roadways with minimum horizontal curve lengths less than the Curve Length Standards. 6.14.3. The Town agrees that the Curve Length Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of the Property in accordance with the Preliminary Plats and Final Master Plat. 6.14.4. The Town Engineer shall approve roadways within the Property with minimum horizontal curve lengths less than the Curve Length Standards. 6.15 Minor Collector Sidewalks. 6.15.1. The parties acknowledge that Subdivision Ordinance Section 306(D)(1) requires sidewalks on both sides of collector streets (the "Sidewalk Standards"). C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm 6.15.2. The Town has approved the Preliminary Plats and Final Master Plat, which provide for sidewalks on one side of minor collector streets (the " Mountain Sidewalk Standards"). 6.15.3. The Town agrees that the Sidewalk Standards shall be modified in conjunction with its approval of the Final Parcel Plats to allow development of the Property in accordance with the Mountain Sidewalk Standards. 6.16 Minor Collector Design. 6.16.1. The parties acknowledge that Subdivision Ordinance Section 305, Table 1, Minor Collector, requires a minimum design speed of 30 miles per hour and a minimum radius of 300 feet for minor collector roads (the "Minor Collector Standards"). 6.16.2. The Town has approved the Preliminary Plats and Master Final Plat, which provide for a minor collector road design speed of 25 miles per hour and a minimum radius of 250 feet (the "Mountain Minor Collector Standards"). 6.16.3. The Town agrees that the Minor Collector Standards shall be modified in conjunction with its approval of the Final Master Plats to allow development of the Property in accordance with the Mountain Minor Collector Standards. 6.17 Minor Collector Turn Pockets. 6.17.1. The Town Engineering Department has provisionally requested turn pockets in two locations on Eagle Ridge Drive. 6.17.2. The Town has approved the Preliminary Plats and Master Final Plat, which provisionally include two turn pockets on Eagle Ridge Drive. 6.17.3. The parties agree that such turn pockets, if finally required, will be included in the improvement plans for the Property. 6.18 Miscellaneous Engineering Matters. 6.18.1. The Town has approved the Preliminary Plats and Final Master Plat, which provide for (i) certain roadways using CMP pipe carrying street flow; (ii) warranty curb replacement at five (5) foot intervals; (iii) certain roadways with drop manholes, and (iv) other minor variations from Town staff policy (the "Miscellaneous Matters"). 6.18.2. The Town agrees that the Town staff policy shall be modified in conjunction with approval of the Final Parcel Plats to allow development of the Property in accordance with Preliminary Plats and the Final Master Plat. 6.18.3. The Town Engineer shall approve development within the Property with pursuant to the Miscellaneous Matters. C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm 7. Additional Obligations. 7.1 The parties acknowledge that Eagle Ridge North Parkway as located on the Master Plat shall remain a public roadway. Notwithstanding the foregoing, the Town shall prohibit all mass transit vehicles (e.g., public or charter buses) from Eagle Ridge North Parkway except Fountain Hills school buses carrying children to and from school and school -sanctioned field trips. MCO shall construct Eagle Ridge North Parkway, a sidewalk on one side of Eagle Ridge North Parkway, and a bicycle lane (the roadway, the sidewalk and bicycle lane not to exceed eight (8) feet in aggregate width), within the standard right-of-way for Eagle Ridge Parkway. MCO shall pave Eagle Ridge Parkway no later than the date that a certificate of occupancy is issued for a home within the Property. The public shall have access to Eagle Ridge Parkway following acceptance of MCO's improvements by the Town. 7.2 MCO shall construct the following wildlife sensitive crossings within the Property: seven (7) bridges (each consisting of fill adjacent to each wall of the wash, and a center bridge span of forty (40) feet), as depicted on the McDowell Preserve Settlement Agreement (the "Bridges"). 7.3 MCO shall use good faith efforts to avoid locating wet utilities (i.e., water, sewer, gas) within unfilled wash areas within the Property. In connection therewith MCO shall be permitted to suspend sewer service lines below the Bridges. 7.4 MCO has provided pedestrian and bicycle access by plat reservation on the Final (W Master Plat, and shall provide pedestrian and bicycle access as depicted on the Preliminary Plat for Eagles Nest by plat reservations on the applicable Final Parcel Plats for Eagles Nest (collectively, the " Eagles Nest Access"). The Eagles Nest Access shall be open following completion of all subdivision improvements in Eagles Nest to be dedicated to the Town and their acceptance by the Town. 7.4 Prior to opening of the Eagles Nest Access, MCO shall dedicate to the Town, and the Town shall accept, twenty (20) parking spaces on property outside of the Eagles Nest gate, adjoining Golden Eagle Boulevard. MCO shall pave such parking spaces prior to their dedication and thereafter the Town shall maintain such spaces. The Town shall only permit parking on such spaces in connection with use of the Eagles Nest Access, and only during the hours of operation maintained for the Trailhead. 8. Town Regulation of Development. 8.1 The rules, regulations, fees, and official policies of the Town applicable to and governing the development of the Property shall be those rules, regulations, and official policies which were existing and in force for the Town as of January 1, 2000. The Town shall not impose or enact any additional conditions, zoning exactions, dedications, rules, regulations, or official C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm policies applicable to or governing the development of the Property except for the following: 8.1.1. future land use rules, regulations and official policies of the Town that are consistent with and not contrary to the Preliminary Plats, the Final Master Plat, and the Final Parcel Plats and that do not: (i) decrease the development potential of the Property; (ii) require any additional infrastructure improvements or dedications in connection with the development of the Property; (iii) limit or adversely affect the rate, timing or sequencing of development of the Property; or (iv) limit or adversely affect the uses, number and density of dwelling units or intensity of development of the Property. 8.1.2. future land use rules, regulations and official policies of the Town enacted as necessary to comply with state and federal laws and regulations, provided that in the event any such state or federal laws or regulations prevent or preclude compliance with this Agreement, such affected provisions of this Agreement shall be modified as may be necessary (and only to the extent required) in order to comply with such state and federal laws and regulations; and 8.1.3. future imposition of taxes or filing or review fees, development fees, or modifications thereto, so long as such taxes or fees are imposed or charged by the Town to all similarly situated persons and entities. To the extent that any new or amended rules, regulations, or official policies of the Town not specifically enumerated in this Section 8.1 above conflict with the Preliminary Plats, the Final Master Plat, the Final Parcel Plats, or this Agreement, then the Preliminary Plats, the Final Master Plat, the Final Parcel Plats and this Agreement as applicable, shall control. 8.2 The Town may enact any moratorium, ordinance, resolution or other land use rule or regulation or limitation on the rate, timing or sequencing of the development of the Property that applies equally to all vacant residential lots in Fountain Hills, and is otherwise permitted pursuant to A.R.S. § 9-463.06 in effect as of the date hereof. 8.3 MCO acknowledges that the Town, at the date of execution of this Agreement, provides no municipal utility and the Town has no control over the providing of such services by other entities and makes no representations with respect to the availability of such services. Notwithstanding the foregoing, the Town agrees that in the event it provides municipal utility services in the future, the Town (i) shall make such services available to the Property on the same terms of availability as are applicable to other real property served by the Town, (ii) shall continue to provide such services as reasonably required in connection with development and use of the Property, and (iii) shall not adopt policies and procedures with respect to the provision of such services which would delay development of the Property. 8.4 The Town shall waive all plan check and construction permit fees for subdivision improvements for the Property. 9. Cooperation and Alternative Dispute Resolution. 9.1 To further the commitment of the parties to cooperate in the implementation of C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm this Agreement, upon the request of either MCO or the Town, the Town and MCO shall each designate and appoint a representative to act respectively on behalf of the Town and its various departments and MCO, except as otherwise provided in this Agreement or by law. The initial representative for the Town shall be the Town Attorney, and the initial representative for MCO shall be its Senior Assistant General Counsel, or other party, as identified by MCO from time to time. The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement, and shall cooperate in order to facilitate any third party action needed to complete the actions contemplated by this Agreement. 9.2 If an impasse or dispute arises out of or relates to this Agreement, or the breach thereof, including without limitation the submittal, its interpretation or intent, or processing and approval of the Final Parcel Plats, the parties agree to first try in good faith to settle the dispute by negotiation. In the event of any such negotiation, the parties shall personally meet in an effort to resolve such dispute within twenty (20) days of written request to do so by either the Town or MCO. [ 9.3 Upon a failure or unreasonable delay by either party to perform or otherwise act in accordance with any term or provision of this Agreement, and failure of the procedures set forth in Sections 9.1 and 9.2, the other party may give written notice of default specifying the nature of the failure or delay and the manner in which it may be satisfactorily cured, if possible. In the event such failure or delay is not cured within ten (10) days after such notice, the party receiving such notice shall be in default hereunder, and the nondefaulting party shall have all rights and remedies which may be available at law or in equity against the party in default hereunder. 10. Notices and Filings. 10.1 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 telephonic facsimile or registered or certified United States Mail, postage prepaid, if to: The Town, the Town Council, and the Town Clerk: with a copy to: MCO: C:NyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm Town Clerk Town of Fountain Hills 16838 East Palisades Blvd. Fountain Hills, AZ 85268 Fax No. (602) 837-3145 Law Offices of William E. Farrell 16838 East Palisades Blvd. Fountain Hills, AZ 85268 Fax No. (480) 837-5805 MCO Properties Limited Partnership 16830 E. Palisades Blvd. Fountain Hills, AZ 85268 Attn: Project Manager Fax No. (602) 837-1677 with a copy to: MCO Properties L.P. 5847 San Felipe Suite 2600 Houston, TX 77057 Attn: Vice President/Sr. Asst. General Counsel Fax No. (713) 267-3702 or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner. 10.2 Mailing or Facsimile Effective. Notices, filings, consents, approvals and communications given by mail or facsimile shall be deemed delivered twenty-four (24) hours following deposit in the U.S. mail, postage prepaid and addressed as set forth above, or confirmation of facsimile delivery to the telephone number set forth above. Payments required hereunder shall be deemed made only upon actual receipt by the intended recipient. 11. General Provisions. 11.1 Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or MCO 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 any other covenant or condition of this Agreement. 11.2 Headings. The descriptive headings of the sections and 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. 11.3 Exhibits. Any exhibit attached hereto 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. 11.4 Further Acts. Each of the parties hereto shall execute, acknowledge and deliver all such documents, instruments, stipulations and affidavits 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 timely cooperate and process promptly any requests and applications for any necessary approvals relating to the development of the Property by MCO and its successors and assigns, or otherwise provided for hereunder. The Town's cooperation, processing and approvals of matters with respect to the Property shall not be withheld or delayed so as to impede development of the Property. 11.5 Successors and Assigns. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm 11.6 Third Parties. 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. 11.7 Entire Agreement. 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. 11.8 Amendments. No change or addition shall be made to this Agreement except by a written amendment executed by the parties hereto. Except as otherwise provided herein, any such amendment shall be adopted by Town Ordinance or resolution. 11.9 Good Standing; Authority. Each of the parties respectively represents and warrants to the other (i) that it is duly formed and validly existing under the laws of Arizona, with respect to MCO, or a municipal corporation within the State of Arizona, with respect to the Town, (ii) that it is respectively a Delaware limited partnership duly qualified to do business in the State of Arizona or an Arizona municipal corporation and is in good standing under the applicable state laws, and (iii) that the individual(s) executing this Agreement on behalf of the respective parties is authorized and empowered to bind the party on whose behalf each such individual is signing and that all necessary corporate, Town Council or other approvals or consents necessary to the effectiveness of this Agreement have been granted or obtained. 11.10 Legality. The Town hereby represents that: 11.10.1. The Town has complied or shall timely comply with all applicable laws and has taken or shall take all necessary steps, including without limitation, the holding of all required public hearings, to enter into this Agreement and obligate the Town hereunder; and 11.10.2. The Town has the authority to enter into this Agreement and comply with its requirements. 11.11 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 and this Agreement shall be deemed reformed to replace the void or unenforceable provision with a valid and enforceable provision as similar as possible in effect to the void or unenforceable provision. The parties shall meet and confer as soon as practicable for the purpose of drafting, in good faith, the substitute provision. If an applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform an 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. If, however, the Town fails to take the action required hereunder, MCO shall be entitled (subject to, and in addition to the remedies provided in Section 9.3) to terminate this Agreement. 11.12 Governing Law. This Agreement is entered into in Arizona and shall be C:WyFiles\"DOCS\Settlement Agreement December 2001 %,r4 .%%,pd 11/30/01 4:07 pm construed and interpreted under the internal laws of Arizona, without reference to conflict of laws principles. 11.13 Notice of A.R.S. §38-511. The Town hereby notifies MCO of the provisions of A.R.S. §38-511 (Cancellation of political subdivision and state contracts; definition), which provides, inter alia, that: The state, its political subdivisions or any department or agency of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party of the contract with respect to the subject matter of the contract. The parties acknowledge that no person significantly involved in initiating negotiating, securing, drafting or creating this Agreement on behalf of the Town either is an employee or agent of MCO, in any capacity, or a consultant to MCO with respect to the subject matter of this Agreement. 11.14 Time of Essence. Time is of the essence of this Agreement and each provision hereof. 11.15 Counterparts. This Agreement may be signed in counterparts, and the fully executed counterparts shall together constitute a single original Agreement. 11.16 Attorneys Fees. If either party hereto shall bring suit against the other as a result of any alleged breach or failure by the other party to perform any obligations under this Agreement or in any exhibit or other document delivered pursuant hereto, or shall seek declaratory relief with respect to any provision hereof, then in such event, the prevailing party in such action shall, in addition to any other relief granted or awarded by the court, be entitled to judgment for reasonable attorneys' fees and expert witness expenses incurred by reason of such action and all costs of suit and those incurred in preparation thereof at both trial and appellate levels. Each party shall bear its own costs and attorneys' fees in the Pending Lawsuits and its own costs and attorneys' fees in connection with the negotiation and drafting of this Agreement. 11.17 Transfer Instructions. Without limiting any terms of the Transfer Instructions, all escrow fees, title insurance fees, recordation charges and similar fees relating to the Transfer Instructions escrow and/or closing shall be paid by the Town. C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm IN WITNESS WHEREOF, the parties have executed this Agreement as of the Approval Date. APPROVED AS TO FORM: William E. Farrell Town Attorney for the Town of Fountain Hills ATTEST: Town Clerk C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm Town: Town of Fountain Hills, an Arizona municipal corporation By: Its: MCO: MCO Properties L.P., a Delaware limited partnership By: MCO Properties Inc., a Delaware corporation, general partner By: Its: Exhibit List Exhibit "A" - Map of the Mountain Property Exhibit "B-l" - Legal Description of Eagle Ridge North "B-2" - Legal Description of Eagles Nest Exhibit "C" - Form of Hillside Protection Easement Exhibit "D" - Mountain Road Section Standards C:\MyFiles\WPDOCS\Settlement Agreement December 2001 vr4 .wpd 11/30/01 4:07 pm WATER RESERVOIR Exhibit "A" ACCESS CORRIDOR TO SITE FOR EAGLES NEST ��— McDOWELL MOUNTAIN PARK a1. 46 t6' sa �6 S4 a8 e"r• a! 7p 26 27 to H S2 Us,6 26 17- tl Os 66' 66 16• zo 76 f 7 = d a sI 7r ae • h j so m or62 x " , 70 t66 tdr t - ENTRANCE TO PEDESTRIAN ACCESS CORRIDOR TO » 45 1 149 McDOWELL MOUNTAIN PARK 1M I av C In is. 1 12' no EAGLES NEST Imo' U3 2to > r l66 u9 1 � _ 1-/ pwa - z (� fe Ip1 1 fa6 26 an ll4ltl IBD" l ff,6 � lE61Q4 ws 1'A1 zffi _ � ae� zpz lab 2a6 \tsar 96 2w "JJ 26s aW 2,6 21, 27A ai - - 2}d• WATER RESERVOIR SITE FOR EAGLE RIDGE NORTH FIRE / EMERGENCY VEHICLE ACCESS ROADWAY AND UTILITY EASEMENT TOWN OF FOUNTAIN HILLS ,6d" +• LAND ACQUISITION AREA 064 Ib Y7 « � 354 Acres _ 7 w �• TRAILHEAD �!1 am Itp iml.IlY �' 79 Mi 72 Ift \\�.} a6 tab faII - 380 � Is, tal �j1E6 127 ,mil 1Q � � \ / W EAGLE RIDGE NORTH 22 162 laa� ` IS9 las let• 113 di• Lel ,K ea 17 lea.E d al r lab 86 Ill Proposed Trails n6 16 as la 1 Eadsting Dirt Roads i J)I «,. +� 42 17 4353 to 11 - 4D w Wildlife Sensitive Crossings ae- 47 7 ' 61 W 46' Bridges (7 locations) __ \ . lad tee 47 Town of Fountain Hills Land Acquisition and 171 NORTH Eagle Ridge North A Eagles Nest Preliminary Plats mt.s. Exhibit "B-1" EAGLERIDGENORTH- LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN SECTION 7, 8 AND 17, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7; THENCE SOUTH 89 DEGREES 57 MINUTES 26 SECONDS WEST, A DISTANCE OF 1009.06 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 04 SECONDS EAST, A DISTANCE OF 1992.18 FEET, THENCE SOUTH 30 DEGREES 59 MINUTES 00 SECONDS EAST, A DISTANCE OF 103.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 30 DEGREES 59 MINUTES 00 SECONDS EAST, A DISTANCE OF 1708.40 FEET; THENCE SOUTH 58 DEGREES 17 MINUTES 01 SECONDS EAST, A DISTANCE OF 4735.46 FEET; THENCE SOUTH 43 DEGREES 25 MINUTES 10 SECONDS WEST, A DISTANCE OF 557.22 FEET; THENCE NORTH 84 DEGREES 33 MINUTES 11 SECONDS WEST, A DISTANCE OF 1004.50 FEET; THENCE NORTH 64 DEGREES 24 MINUTES 58 SECONDS WEST, A DISTANCE OF 1155.81 FEET; THENCE SOUTH 28 DEGREES 54 MINUTES 30 SECONDS WEST, A DISTANCE OF 205.00 FEET; THENCE SOUTH 43 DEGREES 06 MINUTES 08 SECONDS WEST, A DISTANCE OF 120.82 FEET; THENCE NORTH 86 DEGREES 55 MINUTES 29 SECONDS EAST, A DISTANCE OF 154.35 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE ® OF 59 DEGREES 48 MINUTES 50 SECONDS, A DISTANCE OF 521.97 FEET TO A POINT OF TANGENCY; THENCE SOUTH 33 DEGREES 15 MINUTES 41 SECONDS EAST, A DISTANCE OF 458.83 FEET TO TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 DEGREES 52 MINUTES 12 SECONDS, A DISTANCE OF 103.59 FEET TO A POINT OF NON -TANGENCY; THENCE SOUTH 44 DEGREES 54 MINUTES 11 SECONDS WEST, A DISTANCE OF 555.86 FEET; THENCE SOUTH 11 DEGREES 56 MINUTES 14 SECONDS EAST, A DISTANCE OF 525.84 FEET; THENCE NORTH 39 DEGREES 14 MINUTES 11 SECONDS WEST, A DISTANCE OF 181.96 FEET; THENCE NORTH 80 DEGREES 32 MINUTES 07 SECONDS WEST, A DISTANCE OF 970.18 FEET; THENCE NORTH 55 DEGREES 38 MINUTES 30 SECONDS WEST, A DISTANCE OF 763.68 FEET; THENCE SOUTH 15 DEGREES 23 MINUTES 20 SECONDS WEST, A DISTANCE OF 994.72 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 17; THENCE NORTH 00 DEGREES 07 MINUTES 50 SECONDS WEST, ALONG THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 2638.91 FEET TO THE NORTHWEST CORNER OF SAID SECTION 17; THENCE SOUTH 89 DEGREES 53 MINUTES 25 SECONDS WEST, A DISTANCE OF 649.62 FEET; THENCE NORTH 46 DEGREES 02 MINUTES 47 SECONDS WEST, A DISTANCE OF 305.98 FEET; THENCE SOUTH 79 DEGREES 07 MINUTES 35 SECONDS WEST, A DISTANCE OF 180.24 FEET; THENCE NORTH 38 DEGREES 49 MINUTES 47 DEGREES WEST, A DISTANCE OF 52.63 FEET; THENCE NORTH 22 DEGREES 00 MINUTES 21 SECONDS EAST, A DISTANCE OF 208.17 FEET; THENCE NORTH 06 DEGREES 10 MINUTES 13 SECONDS WEST, A DISTANCE OF 111.65 FEET; THENCE NORTH 62 DEGREES 22 MINUTES 57 SECONDS WEST, A DISTANCE OF 0 170.42 FEET; THENCE SOUTH 46 DEGREES 19 MINUTES 28 SECONDS WEST, A DISTANCE OF 489.45 FEET; THENCE NORTH 48 DEGREES 27 MINUTES 06 SECONDS WEST, A DISTANCE OF 223.14 FEET; THENCE NORTH 22 DEGREES 32 MINUTES 07 SECONDS WEST, A DISTANCE OF 260.92 FEET; THENCE NORTH 59 DEGREES 25 MINUTES 15 SECONDS WEST, A DISTANCE OF 306.65 FEET; THENCE NORTH 85 DEGREES 22 MINUTES 48 SECONDS WEST, A DISTANCE OF 99.32 FEET; THENCE SOUTH 22 DEGREES 01 MINUTES 23 SECONDS WEST, A DISTANCE OF 288.02 FEET; THENCE NORTH 86 DEGREES 09 MINUTES 31 SECONDS WEST, A DISTANCE OF 113.38 FEET; THENCE NORTH 60 DEGREES 45 MINUTES 00 SECONDS WEST, A DISTANCE OF 676.46 FEET; THENCE NORTH 38 DEGREES 30 MINUTES 00 SECONDS WEST, A DISTANCE OF 190.00 FEET; THENCE NORTH 47 DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 1075.00 FEET; THENCE SOUTH 85 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF 340.00 FEET; THENCE NORTH 15 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 210.00 FEET; THENCE NORTH 43 DEGREES 40 MINUTES 00 SECONDS WEST, A DISTANCE OF 410.00 FEET; THENCE NORTH 07 DEGREES 11 MINUTES 39 SECONDS WEST, A DISTANCE OF 429.43 FEET; THENCE NORTH 18 DEGREES 08 MINUTES 06 SECONDS EAST, A DISTANCE OF 302.00 FEET; THENCE SOUTH 75 DEGREES 01 MINUTES 55 SECONDS EAST, A DISTANCE OF 402.66 FEET; THENCE NORTH 53 DEGREES 50 MINUTES 54 SECONDS EAST, A DISTANCE OF 271.22 FEET; THENCE NORTH 22 DEGREES 06 MINUTES 56 SECONDS WEST, A DISTANCE OF 270.93 FEET; THENCE NORTH 82 DEGREES 23 MINUTES 06 SECONDS WEST, A DISTANCE OF 718.98 FEET; THENCE NORTH 03 DEGREES 06 MINUTES 15 SECONDS WEST, A DISTANCE OF 234.93 FEET TO A POINT OF CURVATURE OF A NON -TANGENT CURVE, CONCAVE TO THE EAST, TO WHICH A RADIAL LINE BEARS NORTH 03 DEGREES 06 MINUTES 15 SECONDS WEST, SAID CURVE HAVING A RADIUS OF 40.00 FEET; THENCE NORTHWESTERLY ® ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 241 DEGREES 26 MINUTES 20 SECONDS, A DISTANCE OF 168.55 FEET TO A POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 49 DEGREES 36 MINUTES 42 SECONDS, A DISTANCE OF 43.29 FEET TO A POINT OF TANGENCY; THENCE SOUTH 81 DEGREES 16 MINUTES 37 SECONDS EAST, A DISTANCE OF 74.85 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 180.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 DEGREES 02 MINUTES 53 SECONDS, A DISTANCE OF 110.11 FEET TO A POINT ON A NON -TANGENT LINE; THENCE NORTH 24 DEGREES 24 MINUTES 05 SECONDS WEST, A DISTANCE OF 263.43 FEET; THENCE NORTH 60 DEGREES 05 MINUTES 20 SECONDS EAST, A DISTANCE OF 119.65 FEET; THENCE SOUTH 59 DEGREES 10 MINUTES 00 SECONDS EAST, A DISTANCE OF 140.64 FEET; THENCE SOUTH 26 DEGREES 05 MINUTES 37 SECONDS EAST, A DISTANCE OF 157.37 FEET; THENCE NORTH 79 DEGREES 33 MINUTES 28 SECONDS EAST, A DISTANCE OF 23.39 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 190.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25 DEGREES 11 MINUTES 05 SECONDS, A DISTANCE OF 83.52 FEET TO A POINT OF CURVATURE OF A REVERSE CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 180.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 DEGREES 23 MINUTES 35 SECONDS, A DISTANCE OF 76.63 FEET TO A POINT OF TANGENCY; THENCE NORTH 80 DEGREES 20 MINUTES 58 SECONDS EAST, A DISTANCE OF 25.25 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 02 SECONDS WEST, A DISTANCE OF 37.22 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 430.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25 DEGREES 05 MINUTES 43 SECONDS, A DISTANCE OF 188.34 FEET TO A POINT ON A NON -TANGENT LINE; THENCE NORTH 62 DEGREES 36 MINUTES 57 SECONDS EAST, A DISTANCE OF 405.10 FEET; THENCE SOUTH 53 DEGREES 45 MINUTES O1 SECONDS EAST, A DISTANCE OF 542.54 FEET; THENCE SOUTH 66 DEGREES 08 MINUTES 45 SECONDS EAST, A DISTANCE OF 497.09 FEET; THENCE SOUTH 51 DEGREES 09 MINUTES 44 SECONDS EAST, A DISTANCE OF 419.71 FEET; THENCE SOUTH 46 DEGREES 40 MINUTES 41 SECONDS EAST, A DISTANCE OF 251.52 FEET; THENCE NORTH 46 DEGREES 06 MINUTES 32 SECONDS EAST, A DISTANCE OF 69.23 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 40.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 DEGREES 39 MINUTES 33 SECONDS, A DISTANCE OF 24.89 FEET TO A POINT ON A REVERSE CURVE, CONCAVE TO THE SOUTHWEST, AND HAVING A RADIUS OF 40.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 251 DEGREES 19 MINUTES 06 SECONDS, A DISTANCE OF 175.45 FEET TO A POINT ON A REVERSE CURVE, CONCAVE TO THE SOUTH, AND HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 DEGREES 39 MINUTES 33 SECONDS, A DISTANCE OF 24.89 FEET TO A POINT OF TANGENCY; THENCE SOUTH 46 DEGREES 06 MINUTES 32 SECONDS WEST, A DISTANCE OF 252.63 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST, AND HAVING A RADIUS OF 375.00 FEET; THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06 DEGREES 16 MINUTES 28 SECONDS, A DISTANCE OF 41.07 FEET TO A POINT ON A NON -TANGENT LINE; THENCE SOUTH 36 DEGREES 31 MINUTES 11 SECONDS EAST, A DISTANCE OF 119.42 FEET; THENCE NORTH 58 DEGREES 32 MINUTES 12 SECONDS EAST, A DISTANCE OF 396.00 FEET; THENCE NORTH 84 DEGREES 44 MINUTES 21 SECONDS EAST, A DISTANCE OF 146.14 FEET; THENCE NORTH 44 DEGREES 03 MINUTES O1 SECONDS EAST, A DISTANCE OF 265.40 FEET; THENCE SOUTH 75 DEGREES 45 MINUTES 17 DEGREES EAST, A DISTANCE OF 73.67 FEET; THENCE SOUTH 52 DEGREES 48 MINUTES 24 SECONDS EAST, A DISTANCE OF 227.70 FEET; THENCE SOUTH 66 DEGREES 02 MINUTES 43 SECONDS EAST, A DISTANCE OF 267.88 FEET; THENCE NORTH 59 DEGREES 08 MINUTES 54 SECONDS EAST, A DISTANCE OF 380.02 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. EXCEPTING THEREFROM THE CHAPARRAL CITY WATER COMPANY RESERVOIR SITE #6 PER DOC. #96-0426325 THE ABOVE DESCRIBED PARCEL CONTAINS 18,758,361 SQUARE FEET OR 430.63 ACRES MORE OR LESS. Exhibit "B-2" EAGLESNEST-LEGAL DESCRIPTION A PORTION OF LAND SITUATED IN SECTION 5, 6, 7 AND 8, TOWNSHIP 3 NORTH, RANGE 6 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6; THENCE NORTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 1273.31 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 53 MINUTES 17 SECONDS EAST, A DISTANCE OF 1325.65 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 6; THENCE NORTH 89 DEGREES 51 MINUTES 32 SECONDS EAST, A DISTANCE OF 2634.94 FEET TO THE NORTHEAST CORNER OF SAID SECTION 6 AND THE NORTHWEST CORNER OF SAID SECTION 5; THENCE NORTH 89 DEGREES 51 MINUTES 41 SECONDS EAST, A DISTANCE OF 2634.77 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH, A DISTANCE OF 584.50 FEET; THENCE SOUTH 55 DEGREES 45 MINUTES 56 SECONDS WEST, A DISTANCE OF 150.08 FEET; THENCE SOUTH 34 DEGREES 34 MINUTES 06 SECONDS WEST, A DISTANCE OF 46.27 FEET; THENCE SOUTH 11 DEGREES 10 MINUTES 06 SECONDS EAST, A DISTANCE OF 35.00 FEET TO A POINT OF CURVATURE OF A NON - TANGENT CURVE, CONCAVE TO THE NORTH, WHOSE RADIUS BEARS NORTH 11 DEGREES 10 MINUTES 00 SECONDS WEST, A DISTANCE OF 45.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 DEGREES 56 MINUTES 33 SECONDS, A DISTANCE OF 30.59 FEET TO A POINT OF REVERSE CURVATURE OF A NON -TANGENT CURVE, CONCAVE TO THE EAST, WHOSE RADIUS BEARS SOUTH 27 DEGREES 46 MINUTES 33 SECONDS WEST, A DISTANCE OF 45.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 257 DEGREES 53 MINUTES 06 SECONDS, A DISTANCE OF 202.54 FEET TO A POINT OF REVERSE CURVATURE OF A NON - TANGENT CURVE CONCAVE TO THE SOUTH, WHOSE RADIUS BEARS SOUTH 50 DEGREES 06 MINUTES 33 SECONDS EAST, A DISTANCE OF 45.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 DEGREES 56 MINUTES 36 SECONDS, A DISTANCE OF 30.59 FEET TO A POINT OF NON -TANGENCY; THENCE SOUTH 11 DEGREES 09 MINUTES 59 SECONDS EAST, A DISTANCE OF 325.00 FEET; THENCE NORTH 73 DEGREES 15 MINUTES 00 SECONDS WEST, A DISTANCE OF 575.00 FEET; THENCE WEST, A DISTANCE OF 1270.42 FEET; THENCE SOUTH, A DISTANCE OF 1124.36 FEET; THENCE SOUTH 77 DEGREES 59 MINUTES 19 SECONDS WEST, A DISTANCE OF 48.05 FEET; THENCE SOUTH 16 DEGREES 00 MINUTES 05 SECONDS WEST, A DISTANCE OF 25.39 FEET TO A POINT OF CURVATURE OF A NON -TANGENT CURVE, CONCAVE TO THE SOUTH, WHOSE RADIUS BEARS SOUTH 12 DEGREES 02 MINUTES 48 SECONDS WEST, A DISTANCE OF 45.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 180 DEGREES 09 MINUTES 31 SECONDS, A DISTANCE OF 141.50 FEET TO A POINT OF NON -TANGENCY; THENCE SOUTH 23 DEGREES 08 MINUTES 34 SECONDS WEST, A DISTANCE OF 171.33 FEET; THENCE SOUTH 67 DEGREES 58 MINUTES 37 SECONDS EAST, A DISTANCE OF 151.02 FEET; THENCE SOUTH, A DISTANCE OF 533.47 FEET; THENCE SOUTH 57 DEGREES 39 MINUTES 16 SECONDS EAST, A DISTANCE OF 496.97 FEET; THENCE SOUTH 73 DEGREES 05 MINUTES 23 SECONDS EAST, A DISTANCE OF 268.02 FEET; THENCE SOUTH 73 DEGREES 05 MINUTES 00 SECONDS EAST, A DISTANCE OF 191.96 FEET ® TO A POINT OF CURVATURE OF A NON -TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 225.00 FEET AND A RADIAL BEARING OF NORTH 16 DEGREES 55 MINUTES 39 SECONDS EAST; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 DEGREES 19 MINUTES 00 SECONDS, A DISTANCE OF 83.71 FEET TO A POINT OF NON -TANGENCY; THENCE SOUTH 04 DEGREES 23 MINUTES 56 SECONDS EAST, A DISTANCE OF 316.95 FEET; THENCE SOUTH 84 DEGREES 19 MINUTES 52 SECONDS EAST, A DISTANCE OF 82.43 FEET; THENCE SOUTH 73 DEGREES 50 MINUTES 04 SECONDS EAST, A DISTANCE OF 180.00 FEET; THENCE SOUTH 64 DEGREES 30 MINUTES 00 SECONDS EAST, A DISTANCE OF 245.00 FEET; THENCE SOUTH 52 DEGREES 58 MINUTES 37 SECONDS EAST, A DISTANCE OF 601.07 FEET;THENCE NORTH 76 DEGREES 10 MINUTES 00 SECONDS EAST, A DISTANCE OF 202.19 FEET; THENCE NORTH 86 DEGREES 28 MINUTES 59 SECONDS EAST, A DISTANCE OF 185.07 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 43 SECONDS EAST, A DISTANCE OF 153.05 FEET; THENCE SOUTH 68 DEGREES 18 MINUTES 34 SECONDS EAST, A DISTANCE OF 94.81 FEET; THENCE NORTH 51 DEGREES 34 MINUTES 02 SECONDS EAST, A DISTANCE OF 139.72 FEET; THENCE SOUTH 43 DEGREES 05 MINUTES 00 SECONDS EAST, A DISTANCE OF 71.26 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 442.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 DEGREES 16 MINUTES 34 SECONDS, A DISTANCE OF 25.27 FEET TO A POINT OF NON -TANGENCY; THENCE SOUTH 43 DEGREES 41 MINUTES 32 SECONDS WEST, A DISTANCE OF 79.61 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 520.00 FEET; ® THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07 DEGREES 53 MINUTES 41 SECONDS, A DISTANCE OF 71.65 FEET TO A POINT OF NON -TANGENCY; THENCE SOUTH 72 DEGREES 31 MINUTES 35 SECONDS WEST, A DISTANCE OF 237.85 FEET; THENCE NORTH 82 DEGREES 11 MINUTES 43 SECONDS WEST, A DISTANCE OF 263.93 FEET; THENCE SOUTH 76 DEGREES 20 MINUTES 55 SECONDS WEST, A DISTANCE OF 208.84 FEET; THENCE SOUTH 00 DEGREES 33 MINUTES 49 SECONDS WEST, A DISTANCE OF 964.84 FEET; THENCE WEST, A DISTANCE OF 1280.19 FEET; THENCE NORTH 50 DEGREES 14 MINUTES 47 SECONDS WEST, A DISTANCE OF 432.54 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 35 SECONDS WEST, A DISTANCE OF 2018.35 FEET; THENCE NORTH 39 DEGREES 20 MINUTES 53 SECONDS WEST, A DISTANCE OF 185.58 FEET; THENCE NORTH 29 DEGREES 28 MINUTES 32 SECONDS EAST, A DISTANCE OF 185.35 FEET; THENCE NORTH 48 DEGREES 45 MINUTES 10 SECONDS WEST, A DISTANCE OF 283.04 FEET; THENCE NORTH 37 DEGREES 27 MINUTES 36 SECONDS WEST, A DISTANCE OF 446.45 FEET; THENCE NORTH 09 DEGREES 51 MINUTES 13 SECONDS EAST, A DISTANCE OF 138.70 FEET; THENCE NORTH 07 DEGREES 18 MINUTES 31 SECONDS WEST, A DISTANCE OF 243.51 FEET; THENCE NORTH 65 DEGREES 10 MINUTES 04 SECONDS WEST, A DISTANCE OF 198.11 FEET; THENCE NORTH 30 DEGREES 20 MINUTES 42 SECONDS WEST, A DISTANCE OF 299.51 FEET; THENCE NORTH 19 DEGREES 53 MINUTES 42 SECONDS EAST, A DISTANCE OF 273.06 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 15 SECONDS WEST, A DISTANCE OF 295.22 FEET; THENCE NORTH 50 DEGREES 04 MINUTES 44 SECONDS WEST, A DISTANCE OF 101.71 FEET; THENCE NORTH 55 DEGREES 58 MINUTES 47 SECONDS WEST, A DISTANCE OF 273.07 FEET; THENCE NORTH 26 DEGREES 25 ® MINUTES 05 SECONDS EAST, A DISTANCE OF 262.57 FEET; THENCE NORTH 65 DEGREES 55 MINUTES 34 SECONDS WEST, A DISTANCE OF 407.89 FEET; THENCE NORTH 27 DEGREES 51 MINUTES 40 SECONDS WEST, A DISTANCE OF 551.17 FEET; THENCE NORTH 56 DEGREES 31 MINUTES 50 SECONDS WEST, A DISTANCE OF 614.98 FEET; THENCE NORTH 13 DEGREES 01 MINUTES 04 SECONDS EAST, A DISTANCE OF 319.64 FEET; THENCE NORTH 37 DEGREES 39 MINUTES 29 SECONDS WEST, A DISTANCE OF 127.05 FEET; THENCE NORTH 63 DEGREES 16 MINUTES 29 SECONDS WEST, A DISTANCE OF 533.75 FEET; THENCE NORTH 43 DEGREES 31 MINUTES 37 SECONDS WEST, A DISTANCE OF 296.11 FEET; THENCE NORTH 40 DEGREES 01 MINUTES 13 SECONDS EAST, A DISTANCE OF 386.14 FEET; THENCE NORTH 33 DEGREES 11 MINUTES 35 SECONDS WEST, A DISTANCE OF 457.90 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ASSESSOR'S PARCEL NUMBER 176-21-471B THE ABOVE DESCRIBED PARCEL CONTAINS 21,149,662 SQUARE FEET OR 485.53 ACRES MORE OR LESS. 11 EXHIBIT C Form of Hillside Protection Easement [Grantor hereby grants to the Town of Fountain Hills a perpetual easement upon, across, over and under all those areas more particularly described on the exhibit annexed hereto (the "Hillside Protection Easement Areas"), for the purpose of preserving the natural topography and vegetation of land area within the Property. The Grantor and its heirs, successors, or assigns shall not perform nor allow to be performed, any construction, or cutting, filling, grading to the topography; nor any grubbing, brushing, removal, or otherwise damage any vegetation, rock outcropping, or other natural feature in the Hillside Protection Easement Areas without prior Town Council Approval.] Q:\Realpass\EAE\Settlement Agreement December 2001 vr2.wpd 11/27/01 6:02 pm EXHIBIT ` E ` MOUNTAIN ROAD SECTION STANDARDS sa=Bm « §@)$ §/t\ + C5 » � {§ k) \ S§ § g\ �CY w m k, d k ° - d2 \ ,o a §\ �z 2 / § tA r00} \ °00 ( \ ]§ � ( ®\ & § § EXHIBIT `E"1OF3 EXHIBIT'E` MOUNTAIN ROAD SECTION STANDARDS \\j ° )® �� m\�\( § § 2( ( r § t { ) m)( §§§@ _ « _ EXHIBIT `E" 2 OF 3 EXHIBIT"E" MOUNTAIN ROAD SECTION STANDARDS f 64 )&S :�L 0 � ---, EXHIBIT 'E'SOF3 Town of Fountain Hills Memorandum DATE: November 30, 2001 TO: The Honorable mayor and Common Council FROM: Jeffrey Valder, Director of Community Development THROUGH: William E. Farrell. Acting Town Manager SUBJECT: Consideration of Ordinance 01-19, an amendment to Chapter 5, Section 5.11 (B) (11) of The Zoning Ordinance for the Town of Fountain Hills to add new language that would suggest minimum horizontal distances between certain construction/grading activities and non -disturbance or hillside protection easements and procedural regulations for processing land disturbance ordinance violations. The purpose of this memorandum is to provide the Council with additional information regarding disturbance buffers. DISTURBANCE BUFFERS: The foremost reason for disturbance buffers is to implement existing Town zoning and subdivision regulations that require that a portion of most lands in Town provide undisturbed open space. One of the things that makes Fountain Hills as special as it is, is that the Town has large areas of privately and publicly -owned open space that when merged together, provide exceptional vistas of uninterrupted, undisturbed Sonoran desert environment. Disturbance buffers ensure that the residents of the Town continue to enjoy the undisturbed nature of this environment, and not bare -graded or marginally revegetated disturbed areas adjacent to new construction. During the Planning and Zoning Commission's review of this proposed amendment, there was confusion about whether the proposed amendment was a new regulation that would add additional burdens on developers. I want to be clear that while disturbance buffers are not now codified in the Zoning Ordinance, the Town has for many years administratively required disturbance buffers on every applicable building permit and subdivision improvement plan. I also want to clearly explain what a disturbance buffer is. A disturbance buffer is an area of land between the edge of a building, wall or fence, or the edge of grading and a non -disturbance area or hillside protection easement. Disturbance buffers have, for the last 6 or 7 years, been administratively mandated by the Town as follows: • Eight (8) feet minimum between the side of a building and a non -disturbance area or hillside protection easement. • Five (5) feet minimum between the outside edge of a wall or fence and a non - disturbance area or hillside protection easement. • Three (3) feet minimum between the edge of grading and a non -disturbance area or hillside protection easement. Town Council Memorandum Disturbance Buffer Text Amendment November 30, 2001 Page 2 of 5 The Town has adopted, by ordinance, regulations that limit land disturbance. Please review Section 9.11 of the Zoning Ordinance. Disturbance is defined in the Zoning Ordinance as "Clearing, grubbing, excavation and/or filling." Through the codified regulations set forth in Section 9.11, and the Town's definition of "disturbance" the Town does not accept the revegetation of disturbed areas to count as non -disturbance. The adopted ordinances and policies and past direction from both the Planning Commission and the Town Council all mandate that required non - disturbance areas or hillside protection easements be undisturbed land. The administratively adopted disturbance buffers now applied represent, in staff s opinion, the minimum horizontal distances or areas immediately adjacent to various construction activities that will be disturbed as a result of these construction activities. Staff has therefore not accepted, in the Town's review of building permit site plans, non -disturbance areas or hillside protection easements any closer to those construction or grading activities because staff believes that the contractor will be unable to confine those disturbance activities within smaller areas, even with chain link fencing. Through the last several years there have been moderate levels of violations that have confirmed that the administratively applied disturbance buffers are reasonable and represent the actual area of needed disturbance buffers. If the Council would like, staff can produce a long list of developments that have violated the Town's land disturbance regulations, including violations where contractors have removed the required chain -link fencing to provide added work areas, where fill material has been deposited outside of the chain -link fencing into non -disturbance or hillside protection easements, and the grading of sewer laterals through hillside protection easements. LAND OWNERS: At the Commission's first two meetings on this subject here were property owners who complained that the Town was adopting new regulations, that the disturbance regulations were unfair, that they did not know about them, and that some felt that the dedication of hillside protection easements as a part of the building permit approval process was a taking of their property rights by the Town. Staff would like to address these comments. . As stated previously in this memorandum, the requirement for disturbance buffers is not new. The Town is simply seeking to codify these regulations that are now administratively applied. There seemed to be some lot owners who did not know, or understand, or perhaps may have been misled about the extent to which they would be able to grade and otherwise disturb lots that that they have purchased. While this is unfortunate, staff does not recommend basing regulatory decisions because of poor due diligence, misunderstandings and/or the misrepresentations of others. Town staff spends a great deal of time with any property owner, prospective property owner, real estate agent, contractor or developer that has questions about the Town's land disturbance regulations. Our zoning and subdivision ordinances are available for review for free at Town Hall, one can purchase copies of these regulations as well, and these documents are available on the Town's Web Site. Furthermore, all of our subdivision plats are available for review at Town Hall. Town Council Memorandum Disturbance Buffer Text Amendment November 30, 2001 Page 3 of 5 The Planning Commission heard from a few lot owners of single-family lots in Shadow Canyon and in the Fire Rock Country Club that were complaining about the amount of disturbance allocated to their lots. When these subdivisions were platted, there was a great deal of discussion and negotiation with the subdividers regarding future disturbance areas for these lots. The disturbance areas for every lot in these developments were recorded on the Final Plat, and were or should have been disclosed to the lot purchaser. Some of these lot owners complained that they do not have the ability to develop the type of home, or the size of home, or locate the home in their desired location because there is an inadequate disturbance area allocated for their lot. The Town has repeatedly asked subdividers to plat the hillside protection easements in new subdivisions, so that future lot purchasers would know exactly the amount, configuration, and location of the disturbance areas on any given lot. These requests were and continue to be made for the platted hillside protection easements in part because they act to significantly reduce, if not eliminate problems caused when individual lot owners have a lack of information, have misunderstood, and/or may have been misled regarding the extent to which the lot owner can develop their lot. Despite staff objections, many subdividers have been successful in gaining Town approval of the simple platting of a disturbance number for each lot. Subdividers have in some cases successfully argued that the platting of a hillside protection easement would limit a property owner's creativity in designing a home. Staff believes that the lot seller and buyer share in the responsibility of disclosure and due diligence, and that disturbance area constraints are well known. Some property owners and lot developers have also complained that due to the subdivider's ® allocation of disturbance area for a lot, the high price paid for the lot, and the large size of the proposed home on the lot, that their expectations cannot be met in terms of the type of the house the owner would like to build on the lot if mandated disturbance buffers were codified, The disturbance allocation for a lot in the newer subdivisions is a decision made by the subdivider, where the subdivider has a limited number of disturbable square feet for a subdivision and the subdivider decides, based largely on lot yield considerations (the more lots created with a fixed disturbance allowance for the subdivision lowers the average disturbable area for each lot) the amount of disturbance allocated to each lot. This allocation is an issue controlled by the subdivider. The Town clearly has no control of the price paid for a lot, and the size of a proposed house is a decision made by the lot owner. Nevertheless, several lot owners and lot developers argued to the Planning and Zoning Commission that any mandated disturbance buffer greater than that proposed or contemplated by the lot owner's design professionals was viewed as unacceptable and that there was an expectation that the Town should modify its regulations, including allowing for the disturbance of hillside protection easements, so that the lot owner could effectively realize a greater amount of land disturbance on a lot to build a house that could otherwise not be built due to the land disturbance regulations in place today. The Town's requirement for non -disturbance areas or the dedication of hillside protection easements prior to building permit approval do not constitute a taking of property rights. The provision of non -disturbance areas are viewed by the Town in the same nature as a building setback, because the non -disturbance areas have been implemented under the Town's police powers to further the health, safety and general welfare of Town residents by requiring open space areas on individual lots. The requirement to dedicate hillside protection easements have all been agreed to by the subdivider, and those requirements are stated on the final plats for those subdivisions. Again, any property owner in such a subdivision knows or should know, by virtue of the final plat, that these easements will be required. A property owner's decision to invest in a Town Council Memorandum Disturbance Buffer Text Amendment November 30, 2001 Page 4 of 5 lot with such a requirement understands or should understand that the easement dedication is a requirement of building permit approval. CONTRACTORS: In developing the draft ordinance that the Commission reviewed, and throughout the Town's analysis of the disturbance buffer issue, staff has paid particular attention to the needs of the contractors. Staff believes that the contractors need to be provided with an adequate area of land in order to construct these homes and other improvements to individual properties. The current 8- foot, 5-foot and 3-foot disturbance buffers were affected with the realistic needs of the contractors in mind. Due to the fact that the contractors and their sub -contractors are the people that are generally responsible for working with and within these disturbance buffers, their input on these spatial requirements is very important. The contractor's involvement in this process is also very important because they will generally be the responsible party if a disturbance area violation occurs. They and/or the property owner may well face stiff penalties if violations occur, so their input on the final agreed -upon disturbance buffers is needed. Staff has had informal input from some members of the Town Council, who suggested that if the Town eliminates the requirement for disturbance buffers, that the Town should levy extremely stiff penalties if disturbance area violations occur. Staff believes that while some contractors may initially be pleased with such an ordinance, there would be severe long-term negative impacts that would make this system fail. Staff believes that a property owner might design a house where no disturbance buffers are proposed. If a contractor decides to bid the job, and gets the contract to build the house, the contractor is putting him/herself in a precarious position. While it may be theoretically possible to develop a house with no disturbance buffers, the extraordinary construction procedures and cost involved (such as using a cherry -picker to stucco and paint the exterior walls instead of using scaffolding) will be necessary. While not impugning the honesty and integrity of contractors, staff believes that no disturbance buffers, or any unrealistically small disturbance buffer regulation, will lead to a large amount of cost, frustration and aggravation on the part of general and sub -contractors, and that the number of disturbance violations will soar. Once these violations occur, a new set of aggravations will befall the contractor and property owner, including stop work orders and heavy penalties. Ultimately such an ordinance will prove to be unrealistic, politically untenable, and this process will need to start over. Therefore, with the addition of a signed disclosure statement from the general contractor and property owner, staff believes that the current 8-foot, 5-foot and 3-foot disturbance buffers should be modified as proposed in Ordinance 01-19 and required (Ordinance 01-19 now only suggests that the disturbance buffers be utilized) and codified as a proposed amendment to Chapter 5, Section 5.11 (B) (11) of The Zoning Ordinance for the Town of Fountain Hills. Town Council Memorandum Disturbance Buffer Text Amendment November 30, 2001 Page 5 of 5 Due to the fact that Ordinance 01-19 gives lot owners and contractors the authority to set their own, if any, disturbance buffers from Town -controlled hillside protection easements and required non -disturbance areas, even with the penalty provisions in place, the Town will be marginalizing its stewardship responsibility of the future undisturbed nature for a portion of these open space lands. t TOWN OF FOUNTAIN HILLS ORDINANCE # 01-19 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5 SECTION 5.11 (B) (11) 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 SUGGEST MINIMUM HORIZONTAL DISTANCES BETWEEN CERTAIN CONSTRUCTION/GRADING ACTIVITIES AND NON -DISTURBANCE AREAS OR HILLSIDE PROTECTION EASEMENTS AND PROCEDURAL REGULATIONS FOR PROCESSING LAND DISTURBANCE ORDINANCE VIOLATIONS. 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 suggest minimum horizontal distances between certain construction/grading activities and non -disturbance or hillside protection easements and procedural regulations for processing land disturbance ordinance violations, 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 the text of Chapter 5, Section 5.11 (B)(11) 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 November 14, 21 and 28, 2001 and; WHEREAS, Public hearings were advertised in the November 14, 21 and 28, 2001 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9462.04, and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on November 29, 2001 and by the Fountain Hills Town Council on December 4, 2001. 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 5, Section 5.11 (13)(11) of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows (New text is shown as double -underlined and text to be deleted is shown as crossed out.) ORDINANCE 01-19 Page 1 of 3 5.11 Land Disturbance Standards. B. Grading Standards. with Section 5.11 (11)(1 1 and of this Ordinance_ Prior to the issuance of any building or grading permit and prior to any disturbance activities, a six-foot high imbedded chain -link fence shall be permitted and installed on the disturbance limit line as identified on the approved site plan for the site. The disturbance limit boundary shall be established and staked by an Arizona registered land surveyor. No disturbance limit fencing shall be located outside of the surveyor's staked area. Appropriate warning signs in English and Spanish shall also be posted at least every 100 linear feet on the required fencing. The building official, or his/her designee(s), shall inspect the fence, signage, and surveyors staking to insure its proper location and construction prior to the issuance of the building/grading permit for the site. Such fencing and signage shall be maintained in place throughout the grading/construction process and shall only be removed after a final inspection or Certificate of Occupancy has been issued by the Town. These regulations may be waived by the Community Development Director if 100% of the lot, on which the construction activity is permitted, ® has been graded or disturbed as part of an approved subdivision grading permit. 12. Nstnrhance Rnffers f 4W • • 11 11 - 1 . - . .. . • • - . 1 • 1 . • . 1 ---- - • ------------- re 11-W-01- ------------- ORDINANCE 01-19 Page 2 of 3 R PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 4th day of December, 2001. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: v�" Morgan, Ma r Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: 01 /V11 I � � . f�f' William E. Farrell, Acting Town Manager William E. Farrell, Town Attorney ORDINANCE 01-19 Page 3 of 3 Town of Fountain Hills Memo To: The Honorable Mayor and Cou From: Steve Gendler, Public Safety D Through: William Farrell, Acting Manager Date: 11 /30/2001 Re: Fire Service Update The purpose of this memorandum is to provide reference material for the December 4'h meeting agenda. It is my understanding that the Council is seeking an update on fire service in Fountain Hills including contingency plans in the event that Rural Metro Corporation ceases operations. Executive Summary: On November 201h, the town took possession of all Fire District facilities, equipment, and vehicles. Fire protection is currently being provided by Rural Metro Corporation, under an existing agreement, using their personnel and the town's physical resources. Mr. Bob Edwards, a consultant with a specialty in this area, has been engaged by the town to assist me with transition issues. In the event that Rural Metro Corporation becomes defunct during the transition period, contingency plans are being developed to immediately hire all personnel assigned to Fountain Hills. Current Fire Service: The Rural Metro contract costs $2.4 million of which $2.09 million is for personnel costs. Our current staffing is 10 personnel on duty during the week and 8 on duty during weekends with a duty chief on call. Response times are between 5-8 minutes depending on the location. Under the Rural Metro automatic response system, fire and ambulance service is moved in from Scottsdale in the event the Fountain Hills units become engaged. Attached is an organization chart showing current staffing and deployment of Rural Metro services in Fountain Hills. Current Resources: The town has two permanent fire stations, 12 fire vehicles including 3 fire engines, 1 attack truck, 1 utility truck, 4 pick-up trucks, and 3 passenger vehicles. Seven of the 12 vehicles are diesel powered. Short Term Recommendations: Chief LaGrecca has recommended that we continue to operate with one ambulance stationed in Fountain Hills since Rural Metro has plans to add a fire ambulance unit to their Scottsdale Area Emergency Medical Services in January, 2002. He recommends no other changes in the remaining 6-months of the existing agreement. Long Term Recommendations: The issue of a third fire station has been studied and it has been determined that the next station will have to be located in the Northwest section of Fountain Hills. Depending on projections, development schedules, and economic conditions, Chief LaGrecca projects the third station will be needed in a 3-5 year span. Property for a projected fire station has been included in the plat plans filed with the town and would constitute a donation by the developer. A copy of the plat plan indicating location of the station is available for reference. Recommended Action: Given the current situation with the town assuming responsibility for fire services; and, the fact that the town has possession of facilities, equipment, and vehicles but lacks the personnel, it is recommended that we extend the current contract with Rural Metro Corporation for remainder of the fiscal year. Contingencies: In the event that Rural Metro Corporation falls victim to financial problems, they would either enter a reorganization plan under bankruptcy protection or become defunct. Under the reorganization scenario, they would continue to provide the personal services while under the suspension of operations scenario, the town could make provisions to employ the former Rural Metro personnel on an emergency basis. Current costs for Rural Metro personnel assigned to Fountain Hills is $1,047,631 every 6-months. I have been working closely with Joan McIntosh in Human Resources on a "fast track" hiring program should the need arise. She has completed research into other municipalities with emergency hiring plans and has secured organization charts, job descriptions and salary schedules. We have systems in place to expedite credential checks and background investigations as well as a mechanism to make contingency employment offers. A component of our fire service contingency plan includes agreements with neighboring jurisdictions modeled after the mutual aid arrangements prevalent in law enforcement. E L7-A A 0 CQ co / / Q c� C\2 C\2 CV o CQ C\2 / ----------- �� d' `\� i---------- Qco co ,Q� I co / CC) �8 co co t' 4 1 �' 0 38-431.02 - Notice of meetings Page 1 of 2 38-431.02. Notice of in A. Public notice of all meetings of public bodies shall be given as follows: 1. The public bodies of the state shall file a statement with the secretary of state stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. 2. The public bodies of the counties, school districts and other special districts shall file a statement with the clerk of the board of supervisors stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. 3. The public bodies of the cities and towns shall file a statement with the city clerk or mayor's office stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. B. If an executive session will be held, the notice shall be given to the members of the public body, and to the general public, stating the specific provision of law authorizing the executive session. C. Except as provided in subsections D and E, meetings shall not be held without at least twenty-four hours' notice to the members of the public body and to the general public. D. In case of an actual emergency, a meeting, including an executive session, may be held upon such notice as is appropriate to the circumstances. If this subsection is utilized for conduct of an emergency session or the consideration of an emergency measure at a previously scheduled meeting the public body must post a public notice within twenty-four hours declaring that an emergency session has been held and setting forth the information required in subsections H and I. E. A meeting may be recessed and resumed with less than twenty-four hours' notice if public notice of the initial session of the meeting is given as required in subsection A, and if, prior to recessing, notice is publicly given as to the time and place of the resumption of the meeting or the method by which notice shall be publicly given. F. A public body which intends to meet for a specified calendar period, on a regular day, date or event during such calendar period, and at a regular place and time, may post public notice of such meetings at the beginning of such period. Such notice shall specify the period for which notice is applicable. G. Notice required under this section shall include an agenda of the matters to be discussed or decided at the meeting or information on how the public may obtain a copy of such an agenda. The agenda must be available to the public at least twenty-four hours prior to the meeting, except in the case of an actual emergency under subsection D. H. Agendas required under this section shall list the specific matters to be discussed, considered or decided at the meeting. The public body may discuss, consider or make decisions only on matters listed on the agenda and other matters related thereto. I. Notwithstanding the other provisions of this section, notice of executive sessions shall be required to include only a general description of the matters to be considered. Such agenda shall provide more than just a recital of the statutory provisions authorizing the executive session, but need not contain information that would defeat the purpose of the executive session, compromise the legitimate privacy http://www.azleg.state.az.us/ars/38/0043 1-02.htm 12/4/01 38-431.02 - Notice of meetings Page 2 of-') 21 interests of a public officer, appointee or employee, or compromise the attorney -client privilege. J. Notwithstanding subsections H and I, in the case of an actual emergency a matter may be discussed and considered and, at public meetings, decided, where the matter was not listed on the agenda provided that a statement setting forth the reasons necessitating such discussion, consideration or decision is placed in the minutes of the meeting and is publicly announced at the public meeting. In the case of an executive session, the reason for consideration of the emergency measure shall be announced publicly immediately prior to the executive session. K. Notwithstanding subsection H, the chief administrator or presiding officer of a public body may present a brief summary of current events without listing in the agenda the specific matters to be summarized, provided that: 1. The summary is listed on the agenda. 2. The public body does not propose, discuss, deliberate or take legal action at that meeting on any matter in the summary unless the specific matter is properly noticed for legal action. http://www.azleg.state.az.us/ars/38/00431-02.htm 12/4/01 38-431.07 - Violations; enforcement; removal from office; in camera review Page 1 of 1 38-431.07. Violations;_ enforcement; removal from office; -in camera review A. Any person affected by an alleged violation of this article, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may commence a suit in the superior court in the county in which the public body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of, this article, by members of the public body, or to determine the applicability of this article to matters or legal actions of the public body. For each violation the court may impose a civil penalty not to exceed five hundred dollars against a person who violates this article or who knowingly aids, agrees to aid or attempts to aid another person in violating this article and order such equitable relief as it deems appropriate in the circumstances. The civil penalties awarded pursuant to this section shall be deposited into the general fund of the public body concerned. The court may also order payment to a successful plaintiff in a suit brought under this section of the plaintiffs reasonable attorney fees, by the defendant state, the political subdivision of the state or the incorporated city or town of which the public body is a part or to which it reports. If the court determines that a public officer with intent to deprive the public of information violated any provision of this article the court may remove the public officer from office and shall assess the public officer or a person who knowingly aided, agreed to aid or attempted to aid the public officer in violating this article, or both, with all of the costs and attorney fees awarded to the plaintiff pursuant to this section. B. A public body shall not expend public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced pursuant to any provisions of this article, unless the public body has authority to make such expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving such expenditure prior to incurring any such obligation or indebtedness. C. In any action brought pursuant to this section challenging the validity of an executive session, the court may review in camera the minutes of the executive session, and if the court in its discretion determines that the minutes are relevant and that justice so demands, the court may disclose to the parties or admit in evidence part or all of the minutes. http://www.azleg.state.az.us/ars/38/00431-07.htm 12/4/01 Memo To: The Honorable Mayor and Council From: Steve Gendler, Public Safety Direct Through: William Farrell, Acting Manager Date: 12/4/2001 Re: Fire Service Update The purpose of this memorandum is to provide reference material for the December 4th meeting agenda. It is my understanding that the Council is seeking an update on fire service in Fountain Hills including contingency plans in the event that Rural Metro Corporation ceases operations. Executive Summary: On November 20th, the town took possession of most Fire District facilities, equipment, and vehicles. We are still in the process of recovering items as we discover them. Fire protection is currently being provided by Rural Metro Corporation, under an existing agreement, using their personnel and the town's physical resources. Mr. Bob Edwards, a consultant with a specialty in this area, has been engaged by the town to assist me with transition issues. In the event that Rural Metro Corporation becomes defunct during the transition period, contingency plans are being developed to immediately hire all personnel assigned to Fountain Hills. Current Fire Service: The Rural Metro contract costs $2.4 million of which $2.09 million is for personnel costs. Our current staffing is 10 personnel on duty during the week and 8 on duty during weekends with a duty chief on call. Response times are between 5-8 minutes depending on the location. Under the Rural Metro automatic response system, fire and ambulance service is moved in from Scottsdale in the event the Fountain Hills units become engaged. Attached is an organization chart showing current staffing and deployment of Rural Metro services in Fountain Hills. Current Resources: The town has two permanent fire stations, 12 fire vehicles including 3 fire engines, 1 attack truck, 1 utility truck, 4 pick-up trucks, and 3 passenger vehicles. Seven of the 12 vehicles are diesel powered. Short Term Recommendations: Chief LaGrecca has recommended that we continue to operate with one ambulance stationed in Fountain Hills since Rural Metro has plans to add a fire ambulance unit to their Scottsdale Area Emergency Medical Services in January, 2002. He recommends no other changes in the remaining 6-months of the existing agreement. Long Term Recommendations: The issue of a third fire station has been studied and it has been determined that the next station will have to be located in the Northwest section of Fountain Hills. Depending on projections, development schedules, and economic conditions, Chief LaGrecca projects the third station will be needed in a 3-5 year span. Property for a projected fire station has been included in the plat plans filed with the town and would constitute a donation by the developer. A copy of the plat plan indicating location of the station is available for reference. Recommended Action: Given the current situation with the town assuming responsibility for fire services; and, the fact that the town has possession of facilities, equipment, and vehicles but lacks the personnel, it is recommended that we extend the current contract with Rural Metro Corporation for remainder of the fiscal year. Contingencies: In the event that Rural Metro Corporation falls victim to financial problems, they would either enter a reorganization plan under bankruptcy protection or become defunct. Under the reorganization scenario, they would continue to provide the personal services while under the suspension of operations scenario, the town could make provisions to employ the former Rural Metro personnel on an emergency basis. Current costs for Rural Metro personnel assigned to Fountain Hills is $1,047,631 every 6-months. I have been working closely with Joan McIntosh in Human Resources on a "fast track" hiring program should the need arise. She has completed research into other municipalities with emergency hiring plans and has secured organization charts, job descriptions and salary schedules. We have systems in place to expedite credential checks and background investigations as well as a mechanism to make contingency employment offers. A component of our fire service contingency plan includes agreements with neighboring jurisdictions modeled after the mutual aid arrangements prevalent in law enforcement. 5 C�2 C�2 Replacement memorandum and additional report from the consultant for agenda item #11 N%N - TOWN OF FOUNTAIN HILLS MEMO To: Honorable Mayor and Town Council Through: William E. Farrell, Town Attorne /Act ng Town Manager From: Mark C. Mayer, Director Parks and Recreation Department Date: November 28, 2001 Subj: Aquatic/Fitness Facility Feasibility Committee BACKGROUND: The Facilities Planning Subcommittee of the Parks and Recreation Commission met on October 2, 2001, and discussed their desire to form a committee to look into the feasibility and public support for an aquatic/fitness facility. The subcommittee also discussed the results of the most recent MCO community survey that asked the question, if a facility came to town what amenities would they like to see? The highest responses were for a fitness facility closely followed by an aquatic facility. Also present at the meeting was Mr. Pen Mower, who spoke in favor of forming a committee to look at the feasibility of and the level of public support for an aquatic/fitness facility. The entire Parks and Recreation Commission discussed the topic at its November 13, 2001, meeting and agreed to support the idea of forming a committee to the Town Council. PRIMARY ISSUES AND ANALYSIS: The issue of a public aquatic facility in the community is not a new idea but has been discussed previously. The topic was also voted down in a past referendum. The Commission indicated that a number of years have passed and that attitudes and the makeup of the community may have changed. If a committee were formed it would be important to keep the group relatively small, in the eight to nine range to make it manageable, but to also represent a number of different groups and organizations in the community. The Council may want to consider a representative from the following organizations or groups: 1) Representative from the Parks and Recreation Commission — possibly from the Facilities Planning Subcommittee to Chair the Committee 2) Unified School District — possibly the Athletic Director 3) Special Interest Representative — local swim team or club 4) MCO representative 5) Chamber of Commerce representative 6) Park and Recreation Department representative — the Director 7) Seniors Club or group representative 8) One or two residents interested in serving — in addition to Mr. Mower, at least one other individual from a local realtor is interested in serving, should a committee be formed The committee would be responsible for preparing a recommendation to the Mayor and Town Council regarding at least the following items: 1) The public support, including financially, for a facility. 2) What should be included in such a facility, if one were to be built, i.e. leisure pool, lap pool, fitness room, concessions, vending, etc. 3) The square footage requirements of each feature. 4) The square footage cost of each feature. 5) The potential use of the facility, i.e. the market. 6) The annual cost to operate and maintain a facility, based on the features and square footages. 7) The potential sources and amounts of revenue to support the facilities operation. 8) The potential location and cost of a suitable site. 9) The estimated cost to construct a facility, based on the features and square footage. 10) The cost to finance the debt associated with the construction. 11) Identify the cost of other elements to the project's cost, including but not limited to architectural fees, engineering/inspection fees, and other hard and soft costs. It is expected that the process of addressing the above questions will take many months to accomplish. In addition, there will likely be some costs that the committee may incur during this process, such as, mailings, possible citizen survey(s), consultant fees, etc. Currently, there are no funds budgeted in the Department or the Town for these potential expenses. CONCLUSIONS AND RECOMMENDATIONS: Receive the request by the Parks and Recreation Commission to support the establishment of a committee to review and make recommendations to the Mayor and Council specific to the public's interest and support for an aquatic and fitness facility and its feasibility. TOWN OF FOUNTAIN HILLS MEMO To: Honorable Mayor and Town Council Through: William E. Farrell, Town Atto.Acting Town Manag From: Mark C. Mayer, Director T Parks and Recreation Department Date: November 28, 2001 Subj: Support for Fundraising to Purchase a Portable Stage to be donated to the Town of Fountain Hills BACKGROUND: At the Facilities Planning Subcommittee Meeting of the Parks and Recreation Commission on October 2, the group received a request from Phyllis Kern to support the idea of fundraising for a portable stage that would be donated to the Town. Ms. Kern passed out brochures and made available a short tape, provided by a manufacturer, Wenger. It was Ms. Kern's feeling that the stage, once donated, would provide an alternative to the portable stage that is erected by the Street Department for various shows. Cost of the portable stage is approximately $70,000, plus additional funds needed for upgrades and tax would raise the amount to approximately $90,000. Ms. Kern also inquired if the donations could be made tax deductible through the Town. A copy of her donation letter is attached. Lastly, Ms. Kern recommended that the stage be stored in a secured area that was also ideally covered. PRIMARY ISSUES AND ANALYSIS: Stage Size The proposed portable stage has 416 square feet that comes standard, but can be increased by another 96 square feet, bringing the total available space to 512 square feet. The existing stage that the Town currently sets up for events has 768 square feet, which is 50% larger than the portable stage. Power Power for the standard unit is 110V electrical power with a 30-amp power cord that must be connected to another power source. Of the 30-amps, a 20-amp GFI breaker for a four duplex outlet is for the sound system. This level of power is considered adequate for the six performances that would potentially utilize the stage at Fountain Park. An upgrade is available to 220V, but would only serve for additional lights, not power for the sound system. Storage Unfortunately, staff could not locate a Town owned facility that was secured that would house the trailer or cover it. Repairs/Replacement Obviously, the cost of repairing the unit and its eventual replacement after a number of years would likely be the responsibility of the Town. Potential Use Staff estimates that of the approximate eight shows for which the stage is currently erected, possibly six might be replaced by the portable stage. The remaining two are simply too large for the stage floor. Donations If donations were made directly to the Town the funds would be required to be expended by applicable state statues and those governing policies of the Town. Therefore, the preparation of specifications and competitive bidding would be required. Donations received by a different organization, on behalf of the fundraising campaign would likely not have the same restrictions. Potential Revenue A number of communities make these units available on a rental basis generating funds to help defray the repair and replacement costs of the unit. Set Up/Tear Down Costs Currently, the Town spends approximately $400 (8 people at $17 hr. overtime X 3 hrs. _ $408, not including benefits) in labor costs each time the existing stage is erected and dismantled. This cost would translate to an annual expense for the six setups of almost $2,500. The manufacturer indicated the cost for labor to set up the portable stage would be approximately $45 per set up or $270 per year. This would potentially save the Town annually in labor costs. However, it should be remembered that if the unit is loaned out for various functions within the community there would be a cost involved to have a staff person deliver the unit, set it up, supervise its use, tear the unit down and to haul it off. Currently, there are not funds budgeted by the Town specifically for such expenses. Finally, in discussing this item with staff, both within the Department and outside, there were suggestions that since the bulk of the stage use is at Fountain Park, perhaps it might be best to utilize donated funds to help establish a permanent site for performances at the park. This would also allow upgrades to the seating, staging, lighting and sound at this site. CONCLUSIONS AND RECOMMENDATIONS: Consider the proposal of Phyllis Kern to support a public fundraising campaign to donate a portable stage system to the Town. IR &0111!1a711 c5 lllf (3�arllor -.Aal? 1 &rolf�? T x 2 16832 Avenue of the Fountains * � Fountain Hills, AZ 85268 August 24, 2001 To: Fountain Hills Community and Business Leaders From: Realtor Action Group Re: Portable Band Shell Project We are asking for you to consider a project we believe will contribute to the enhancement of the cultural environment of Fountain Hills. There are many efforts working to keep pace with a fast growing community and all are worthwhile. A fund has been established to provide a portable band shell, which would allow us to expand the programs already in place and add greater possibilities. The portable band shell under consideration is described in the enclosed marketing materials and will cost approximately $90,000. The equipment would be donated to the town of Fountain Hills for use in the numerous public events. The Parks and Recreation Department is providing the stage, electrical and road access to the Fountain Park area. Our vision is to become a popular area for entertainment with regular weekly events as successful as the El Pedregal or "Old Town Scottsdale events. This is an ambitious project and will require substantial contributions. The benefits would also be significant. Not only would this "mobile billboard' provide a unique marketing opportunity for business, but also the possibilities for additional events would bring more people to Fountain Hills and to our marketplace. Everyone benefits. Attached you will find an outline of the existing events that would make use of the equipment along with their attendance figures. It is important to realize that these events are attended by residents from all over the Valley as well as out of state visitors. As these events continue to grow in numbers and attendance, so will your business exposure. Please take time to contact one of the committee members listed below for additional information or questions. Our goal is to secure commitments by December 10, 2001. Cvmrrritt L...1Frmhers Phr-llis Kern, Coldirell Banker Success, 8.37-1010 Jar- Lairrence, IIICO Properties, S37-9666 Ext. 368 Brenda Sar acle, 837-140> Abort- Silha ugh, Cr>lelrr-ell Banker Success, 83 7- 10 10 Robert Oyuist, Pruelent ial Arizona Properties, 837-091 1 Elmo Bachman, Centur- - 1, Anderson Group 837-1331 E.xt.?09 TOWN OF FOUNTAIN HILLS �1 MEMO To: The Honorable Mayor and Town Council Through: William E. Farrell, Town Atto�ey/AJcting Town Manager From: Mark C. Mayer, Director�� Park and Recreation Department Date: November 28, 2001 Subj: MountainView Coffee Company's request to utilize property in Fountain Park to expand outdoor seating area BACKGROUND: At the October 2 Facilities Planning Subcommittee meeting of the Park and Recreation Commission, Mr. Anderson, who owns the MountainView Coffee Company, approached the group with a request to expand his business to allow more outdoor seating to the rear of his business. MountainView Coffee is located on the southwest corner of Fountain Park in the Plaza Fountainside mall. Mr. Anderson shared landscaping drawings that showed the expansion onto park property. A copy of the proposed design is attached. The plans propose expanding the outdoor seating area of his business by extending the existing landscaped area and the addition of more seating and tables for patrons. Mr. Anderson does not own the space but leases it for his business. The property is owned by Victoria Properties. Mr. Anderson indicated that he has spoken with the owners of the building and they support his request. Mr. Anderson has offered to make the proposed landscaping changes and to maintain them at no additional cost to the Town. In addition, he indicated that he would not limit seating in the outdoor area to patrons of his establishment, given the fact that it would be on public property. In reviewing the request with Town Attorney staff, they indicated that they do not feel there are any legal issues that would preclude such an arrangement between the Town and Mr. Anderson. The Park and Recreation Commission discussed the plan at its October meeting and supports the proposed arrangement. PRIMARY ISSUES AND ANALYSIS: It would seem prudent to see that a written agreement between the parties be executed that outlines the terms and conditions as outlined above under which the use would be allowed. M It should also be remembered that because Mr. Anderson is a tenant and not the owner, if his business were to leave, a similar arrangement would need to be worked out with any potential new lessee of the space. Lastly, other businesses in this development may approach the Town seeking a similar arrangement in the future. CONCLUSIONS AND RECOMMENDATIONS: Based on the support of the Park and Recreation Commission, consider the request of Mr. Anderson as described above to: 1) Utilize a portion of Fountain Park to expand the outdoor seating area of MountainView Coffee Company, as detailed in the submitted drawings. 2) Authorize the Town Attorney to prepare and execute an agreement with the stipulations as outlined above. 11 1%. A7 4 a> m )§k k4- [§§ \f ($ f 73§ j§ \k§ /�� [§ 2 [ �2/ | } r2 §) G/7 W O 0 e 0 ee@ee K\ �_: •�''� ' � § LAND5CAPE PLAN t |14 R4 MOUNTAIN VIEW COFFEE( §\12645 N SAGUARO aL D s JE q Fo GN ALL% � \ ! | § TOWN OF FOUNTAIN HILLS MEMO To: The Honorable Mayor and Town Council Through: William E. Farrell, Town Attorney/Acting Town Manager From: Mark C. Mayer, Directors Parks and Recreation Department Date: November 28, 2001 Subj: Amending Town Code - Ordinance 01-16 — Park Rules and Regulations BACKGROUND: As the Council is aware, staff has been working to update the Town's Code, specific to rules and regulations in the parks. Currently, only Golden Eagle Park and the off -leash recreational facility at Desert Vista Neighborhood Park have rules that are enforceable under the Town Code. Staff has met on this topic with the Town Attorney's Office, the Prosecutor's Office and with Council Member John Kavanaugh. Based on those discussions, the group is recommending some changes specific to the penalties proposed, rather than to the rules themselves. A copy of the proposed ordinance is attached. PRIMARY ISSUES AND ANALYSIS: Penalties As originally proposed, violations of park rules would only carry a petty misdemeanor penalty with no provisions made for repeat offenders. Under the proposed changes, most of the first violations would be reduced to petty offenses. More serious violations would remain as Class 1 misdemeanors. However, under the proposed changes, repeat petty misdemeanors would be increased to Class 3 misdemeanors. Authority Lastly, those involved in the discussion felt it was best to authorize the Director of Parks and Recreation to establish rules governing the use of the parks that may arise over time, without the additional burden required to formally adopt them at the Council level. Violations of these additional rules, once established, would also carry the minimum penalty of a petty offense, with the provision of Class 3 misdemeanor penalties for repeat offenders. Subsequent offenses would be increased to Class 1 misdemeanors. The Parks and Recreation Commission reviewed the changes at its October meeting and supports the rules as revised. CONCLUSIONS AND RECOMMENDATIONS: Staff and the Parks and Recreation Commission recommend the changes as proposed, and request that the Town Council support and pass the park rules and penalties at the December 4, 2001, Council meeting. ORDINANCE 01-16 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN CODE, CHAPTER 9, PARKS AND RECREATION, ARTICLE 9-1, PARKS AND RECREATION DEPARTMENT, ELIMINATING SECTION 9-1-3(G) RULES RELATING TO GOLDEN EAGLE PARK AND SECTION 9-1-3(H) RULES RELATING TO THE OFF -LEASH RECREATIONAL FACILITY; ELIMINATING SECTION 9-1-5 CONSUMPTION OF ALCOHOL AT GOLDEN EAGLE PARK; AND ADDING SECTION 9-4-1 PURPOSE AND INTENT, SECTION 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS, AND SECTION 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. That the Town Code, Chapter 9, Parks and Recreation Department, Article 9-1, Powers and Duties of Director, Section 9-1-3 G and H are hereby amended to read as follows: WWI HG. Perform other duties as may be assigned by the town manager. shall be ehafged with a petty effefise. SubseEttient eetiviefiens fef the vielatien ef these Fules b-y the saffle afty shall be t fe tea . ., Cl. 1fflisdeffleanef-. Section 2. That the Town Code, Chapter 9, Parks and Recreation Department, Article 9-1, Consumption of Alcohol at Golden Eagle Park, Section 9-1-5 A through C are hereby eliminated as follows: ............... Section 3. That the Town Code, Chapter 9, Parks and Recreation Department, is hereby amended by the addition of Article 9-4, Park Rules and Regulations, consisting of three sections numbered and titled as set forth below: Ordinance 01 -16 Page 2 of 5 ARTICLE 9-4 PARK RULES AND REGULATIONS ,.. 9-4-1 PURPOSE AND INTENT 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS SECTION 9-4-1 PURPOSE AND INTENT TOWN OWNED PARKS PROVIDE EXCELLENT RECREATIONAL OPPORTUNITIES AND ENCOURAGE ENHANCED QUALITY OF LIFE TO TOWN RESIDENTS. SUCH PARKS ARE MAINTAINED AND OPERATED WITH AN EMPHASIS ON SAFETY, CLEANLINESS, AND BEAUTY. THESE REGULATIONS ARE SPECIFICALLY INTENDED TO PROVIDE RULES AND REGULATIONS FOR EACH TOWN -OWNED PARK AND IS ACCOMPLISHED AS FOLLOWS: SECTION 9-4-2 CONSUMPTION OF ALCOHOL AT TOWN OWNED PARKS A. THE CONSUMPTION OF SPIRITUOUS LIQUOR AS DEFINED IN PARAGRAPH 31 OF A.R.S. §4-101 IS PROHIBITED IN TOWN -OWNED PARKS UNLESS PURSUANT TO A VALID ARIZONA SPECIAL EVENTS LIQUOR LICENSE AND THE EXPRESSED WRITTEN PERMISSION OF THE TOWN COUNCIL. B. THE CONSUMPTION OF BEER AND WINE ON THE PREMISES OF TOWN -OWNED PARKS IS LIMITED AND RESTRICTED TO SPECIFIC PERMITTED AREAS. UPON RECEIPT OF A COMPLETED APPLICATION FORM AND PAYMENT OF THE PROPER FEE, THE DIRECTOR SHALL REVIEW THE APPLICATION AND ISSUE THE PERMIT PURSUANT TO PRINTED RULES AND REGULATIONS DEVELOPED BY THE DIRECTOR. C. PENALTY: VIOLATION OF ANY PROVISION OF THIS SECTION SHALL, UPON CONVICTION, BE CONSIDERED A CLASS 1 MISDEMEANOR. SECTION 9-4-3 RULES AND REGULATIONS AT TOWN OWNED PARKS A. ALL PERSONS WHO USE TOWN OWNED PARKS SHALL OBEY THE FOLLOWING RULES WHILE ON PARK PROPERTY. 1. NO OPEN FIRES. 2. NO OVERNIGHT CAMPING. 3. NO FIREARMS OR WEAPONS. 4. NO PETS ALLOWED EXCEPT ON LEASH. ANIMAL WASTE SHALL BE REMOVED BY OWNER IN ALL TOWN PARK FACILITIES. ACTIVITIES WITHIN THE OFF -LEASH RECREATIONAL FACILITY ARE EXEMPT FROM THE LEASH PROVISION. Ordinance 01 -16 Page 3 of 5 5. NO PERSON SHALL OPERATE SKATEBOARDS, ROLLERBLADES, INLINE SKATES, BICYCLES OR ANY ROLLING (NONMOTORIZED) VEHICLE IN TOWN PARKS WHERE SUCH ACTIVITY IS SPECIFICALLY PROHIBITED BY APPROPRIATE POSTING OR IN AN UNSAFE MANNER SO AS TO INFRINGE UPON THE SAFETY OF THEMSELVES OR OTHER PARK USERS. ACTIVITIES WITHIN THE BOUNDED AREA OF THE SKATE PARK FACILITY ARE EXEMPT FROM THIS PROVISION. 6. THE SKATE PARK FACILITY AND THE OFF -LEASH RECREATIONAL FACILITY SHALL EACH BE SUBJECT TO THEIR OWN UNIQUE AND SPECIFIC RULES. RULES AND REGULATIONS SHALL BE VISIBLY POSTED AT THE SKATE PARK FACILITY, AND ARE SUBJECT TO CHANGE BY ACTION OF THE DIRECTOR. 7. PARK HOURS SHALL BE VISIBLY POSTED AT EACH PARK. 8. NO VEHICLES EXCEPT IN DESIGNATED AREAS AND ANY VEHICLES LEFT AFTER 11:00 P.M. WILL BE TOWED AT THE OWNER'S EXPENSE. 9. NO GOLFING OR PRACTICING OF GOLF ON GRASS AREAS. 10. NO GLASS BEVERAGE CONTAINERS. 11. GAS POWERED MODEL AIRPLANES AND INCENDIARY MODEL ROCKETS ARE PROHIBITED. 12. LAKES, FOUNTAINS, AND OTHER WATERWAYS SHALL NOT BE USED FOR SWIMMING, WADING, BATHING, FISHING, OR BOATING. 13. NO PERSON SHALL TETHER, LAUNCH OR LAND A HOT AIR BALLOON IN A TOWN PARK EXCEPT WITH THE PERMISSION OF AUTHORIZED TOWN STAFF AND A SPECIAL EVENT PERMIT. 14. THE TOWN OF FOUNTAIN HILLS SPECIFICALLY RESERVES THE RIGHT TO HOLD FINANCIALLY LIABLE THE PARENTS OF ANY MINOR CHILD FOR CONSEQUENCES OF THE CHILD'S INFRACTION OF THIS CODE AND/OR ANY DAMAGE A MINOR CHILD CAUSES ON OR TO TOWN PROPERTY. 15. THE DIRECTOR SHALL HAVE THE POWER TO ENACT NEW PARK RULES AT ANY TIME TO THE EXTENT THAT SUCH RULES ARE CONSISTENT WITH FEDERAL AND STATE LAW, AND THIS TOWN CODE. SUCH ADDITIONAL RULES WILL BE CONSIDERED PETTY OFFENSES AS DEFINED UNDER B(1) AND B(2) BELOW. B. PENALTIES 1. VIOLATION OF SUBSECTIONS A(4) THROUGH A(14) SHALL BE CONSIDERED A PETTY OFFENSE IF THE OFFENDER HAS NOT COMMITTED THE SAME INFRACTION WITHIN THE LAST TWENTY-FOUR (24) MONTHS. PETTY OFFENSES SHALL BE PUNISHABLE BY A FINE OF UP TO ONE HUNDRED DOLLARS ($100.00). Ordinance 01 -16 Page 4 of 5 R 2. SUBSEQUENT VIOLATION(S) OF THE SAME SUBSECTION A(4) THROUGH A(14) WITHIN A TWENTY-FOUR (24) MONTH PERIOD SHALL BE CONSIDERED A CLASS 3 MISDEMEANOR, AND WILL BE PUNISHABLE AS SUCH UNDER STATE LAW. 3. VIOLATIONS OF SUBSECTION A(1), A(2), OR A(3) OF THIS SECTION SHALL BE CONSIDERED A CLASS 1 MISDEMEANOR AND WILL BE PUNISHABLE AS SUCH UNDER STATE LAW. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 4th day of December, 2001. FOR THE TOWN OF FOUNTAIN HILLS t�haron Morgan, May r 0 Lv E REVIEWED AND APPROVED BY: ATTESTED TO: Cassie B. Hansen, Director of Administration/Town Clerk Wil iam E. Farrell, Acting Town Manager/Town Attorney Ordinance 01 -16 Page 5 of 5 TOWN OF FOUNTAIN HILLS STAFF REPORT NOVEMBER 30, 2001 CASE NO.: S2001-27 LOCATION: Eagle Mountain Parcel 10/11, Tract G, north of Mira Vista Drive between Fireridge trail and Palisades Boulevard. REQUEST: Consideration of the Preliminary Plat of a replat of Tract "G" in Eagle Mountain Parcel 10/11 subdivision. PROJECT MANAGER: Jeff Valder6y-k) DESCRIPTION: OWNER: Eagle Mountain Investors L.L.C. APPLICANT: Eagle Mountain Investors L.L.C. EXISTING ZONING: "RI-6A" PARCEL SIZE: 4.34 Acres PROPOSED NUMBER OF LOTS: 2 SURROUNDING LAND USES AND ZONING: NORTH: Platted land within the Eagle Mountain Parcel 10/11 subdivision, zoned "R1-6A." SOUTH: Platted land within the Eagle Mountain Parcel 13 subdivision, zoned "R1-10A." EAST: The Firerock Country Club Golf Course, zoned "OSR." WEST: The Eagle Mountain Golf Course, zoned "OSR." SUMMARY: At the Town Council meeting on November 15, 2001, the Council continued their consideration of this preliminary plat so that Eagle Mountain and other neighboring property owners could be notified of the proposed subdivision. All property owners within 300 feet of the proposed subdivision have been mailed a courtesy notice informing them that the Town Council will, at your December 4, 2001 meeting, consider the preliminary plat for this proposedsubdivision, as well as the administrative nature of this approval. See the attached notice. Staff has also spoken with two members of the Eagle Mountain Property Owners Association and has provided them with information regarding this application. The item was also continued so that the Town could confirm that Eagle Mountain Investors L.L.C. was the property owner. The Town has received confirmation that Eagle Mountain Investors L.L.C. is, in fact, the property owner. Please see the attached Condition of Title Report from Fidelity National Title Insurance Company. This request by Eagle Mountain Investors L.L.C. is for approval of a preliminary plat for a 4.34-acre subdivision of Tract "G" in the Eagle Mountain This is a fairly simple request, although there are a number of comments from the Engineering Department that will need to be addressed prior to final plat recordation. The applicant is proposing to split Tract "G" into two developable lots. Due to Los Altos Hills Development agreement, there are no subdivision -required hillside disturbance regulations. At the time of building permit application the then owners of the lots will be required to meet the Land Disturbance Regulations of the Zoning Ordinance. Town Council Staff Report Eagle Mountain Parcel 10/11 Tract G PP November 30, 2001 Page 4 Tract "G" is now zoned "R1-6A". There are no hillside protection easements on the property and there have been no representations from the developer to the Town that Tract "G" would be left as open space. Staff considers Tract "G" to be developable, and that the two lots proposed can be accommodated on this 4.34- acre parcel. On October 25, 2001 the Planning and Zoning Commission voted 4-1 to recommend Town Council approval of 52001-27. Staff also recommends Town Council approval of S2001-27 with the following stipulations: The 312.36' proposed for the northerly property line of future lot 64 measures short of tying to the southerly property line. Recheck it and conform closure and acreage. 2. Grant a slope easement between the rear property lines for lots 30-34 to top of bank adjacent to the proposed northerly property line of lot 64. Propose a cut ditch to convey runoff between the proposed northerly property lot line for future lot 64 and the top of bank of slope. 4. Dash existing 8" sewer line along common lot line of lots 30 and 31. ® 5. Is there a tract on the west side and adjacent to the west property line of future lot 65? 6. Show the existing fire hydrant west of Fireridge Trail. 7. Show the 10" sewer force main along Miravista and along the easement through the golf course. 8. Show the 8' PUE and SWE along Miravista within future lots 64 and 65. 9. Indicate who is responsible for maintenance for what section or full -width of Miravista along this plat frontage. 10. Show future community gates for Eagle Mountain and for Firerock County Club. 11. Final Plat is to reflect all Preliminary Plat comments. 12. Propose a sidewalk fronting proposed lots 64 and 65. 13. Revise the final plat to reflect that Eagle Mountain Investors L.L.C. is the property owner and delete any unnecessary references to the eagle Mountain Community Association. 14. A Plat 10/11 dedication statement says that a sewer easement is dedicated over a portion of Tract G. There is no specific sewer easement on the Parcel 10/11 plat. Therefore, there should be an acknowledgement statement and signature by the Fountain Hills Sanitary District that either no sewer easements were required, or that the platted PUEs contain all required sewer easements. Town Council Staff Report Eagle Mountain Parcel 10/11 Tract G PP November 30, 2001 Page 4 15. Gain approval of an abandonment of the existing VNAE along Eagle Mountain Parkway/Miravista. The Town would only allow abandonment of frontage lengths that: Have adequate corner clearances from Twilight View Drive, Palisades Blvd, and Fireridge Trail. Have adequate driveway intersection sightlines onto Eagle Mountain Parkway. This is particularly important because these driveways are both on the inside of a horizontal curve, and may be at or near the crest of a vertical curve. Substantial grading may be needed to provide these driveway sightlines, depending on their locations. 16. Provide and grade for sight easements where needed from the proposed driveways, the golf cart crossing, along Eagle Mountain Parkway/Miravista, driveways on lots in Parcel 13, Palisades Blvd, Firerock Trail, and Camelview Drive. 17. An easement for existing utility boxes at the southeast corner of the plat and perhaps along the cart path will be needed. 18. Grant a slope easement adjacent to Lots 30-34. This slope has not adequately vegetated at this time. Responsibility and scope of proposed and future revegetation efforts, and for maintenance of this slope should be clarified (LLC/Community Association recommended). A cut ditch and maintenance access width of 20' should be provided at the top of this slope. 19. There is a smaller 20'-40' width of Tract G directly north of Lot 34 in Plat 10/11, and south of Palisades Blvd. This width should be placed in a separate tract, and should probably be dedicated to and accepted by the Community Association/LLC. 20. Conceptual driveway plans/building pad plans will need to be submitted. We anticipate that a significant effort will be required to avoid the constraints of excessive depth/heights of cut/fill and excessive height/number of retaining walls for both the driveways and for the house pads themselves. 21. Resolve and indicate who is responsible for what section for full -width maintenance of Eagle Mountain Parkway/Miravista along this plat frontage. ' If that involves owners of Firerock Country Club Plat M-2, Firerock LLC, or the Firerock HOA, they should sign the plat. If Eagle Mountain is fully responsible, so indicate, and state the Firerock agreement recording number. 22. Resolve where the community gates will be for Eagle Mountain and for Firerock Country Club. (Staff continues to recommend that those lots —as well as the Parcel 13 lots —be allowed to access onto Palisades Blvd, as well as onto Eagle Mountain Parkway. Additionally, staff recommends that Firerock Parcels M-1, M-2, and P-2 — Q-1 be allowed to access via Eagle Mountain Parkway. 23. Sewer line force main (10") is along the west side of Tract G property line. Town Council Staff Report Eagle Mountain Parcel 10/11 Tract G PP November 30, 2001 Page 4 24. Study, submit for review, and place non -building easements on those portions of the lots (if any) where golf ball damage is reasonably possible. These lots are directly in line with the fairway and green for the Eagle Mountain Golf Course Hole #2, although considerably beyond and above the green. 25. What drainage protection measures will be needed for the adjacent golf cart path and golf green areas? 26. There are two (2) fire hydrants ahead (across Miravista Drive) of proposed lot split, and a third fire hydrant about 75' west of Fireridge Trail. 27. Is any widening of Palisades needed for turn lanes at Palisades or Fireridge Trail? This might not have been addressed before because of the plat sequencing. N le Q+ Est. 1969 a O 9��rhet Is A�tio Town of FOUNTAIN HILLS TOWN OF FOUNTAIN HILLS COURTESY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that on Tuesday, December 4, 2001, at 6:30 P.M., in the Town Council Chambers located at 16834 E. Palisades Boulevard, Fountain Hills, Arizona, the Fountain Hills Town Council will hold a public meeting to receive public testimony on the following application: Case Number S2001-27: A proposal to resubdivided 4.34± acres of land, known as Tract "G" of the Eagle Mountain Parcel 10/11 subdivision into two lots, located north of Mira Vista Drive between Fireridge trail and Palisades Boulevard. This notice is provided as a courtesy to neighboring property owners. The posted sign on the subject par6el is posted pursuant to Section 205 .(C) (1) of the Fountain Hiss Subdivision Ordinance. The _Town Council will consider approval of this preliminary subdivision plat. The Town Council's consideration of this preliminary plat is administrative in nature and may be approved if all zoning and subdivision regulations are met. The preliminary plat application is available for review by the public at the Fountain Hills Community Development Department, Town of Fountain Hills Offices' 16836 E. Palisades Blvd., Building C., Fountain Hills, Arizona. For more information, contact Jeffrey Valder, Director of Community Development, Town of Fountain Hills, 16836 E. Palisades Dr. Building C, Fountain Hills, or by .calling 837-2003. 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 these meetings. All interested citizens are invited to attend and provide testimony on these proposed amendments. 16836 East Palisades Boulevard, Building C - P.O. Box 17958 - Fofttain Hills, Arizona 85269 - (480) 837-2003 - FAX: (480) 837-3145 Itl90101 f'�"►�`'�r � �:��Q bmootn teed Sneets i m Use template for 51601& EM 10/11, Lot 26 Ronald & Lynn Moss 520 Cedarbrook Lane t !ood, NJ 08221-1208 EM 10/11, Lot 29 Larry & Carole Unruh 16541 Redcliff Circle Morrison, CO 80465-2173 EM 10/11, Lot 31 Charles & Marlene Rolecek 15155 E. Twilight View Drive Fountain Hills, AZ 85268-6340 EM10/11, Lot 34 Peter & Paola Sorrell 1601 Grosvenor House 10045 118 St Edmonton, Alberta, CA T5K 2K2 EM 10/11, Lot 37 Audry F. Rada 15156 E. Twilight View Drive Fountain Hills, AZ 85268-6342 EM 10/11, Lot 40 William & Pamela Stephenson 15119 E. Vermillion Drive Fountain Hills, AZ 85268-6349 EM 10/11, Lot 53 Robert & Pamela Phillian 5907 N. 83`d Street Scottsdale, AZ 85250-6214 EM 13, Lot 1 Eagle Mountain Investors LLC 5343 N 16th St., Ste. 460 Phoenix, AZ 85016-3234 EM 13, Lot 4 Randall Mills 20425 N. 17th Way Phoenix, AZ 85024-4306 09 EM10/11, Lot27 Victoria Calantoni 6065 William Penn Hwy Easton, PA 18045-2934 EM 10/11, Lot 30 Ronald & Nancy Hayes 4072 Beach Drive Freeland, WA 98249-9519 EM 10/11, Lot 32 Rex & Eileen Smith 15161 E. Twilight View Drive Fountain Hills, AZ 85268-6340 EM 10/11, Lot 35 Fred & Berneice Corey 15174 E. Twilight View Drive Fountain Hills, AZ 85268-6342 EM 10/11, Lot 38 George & Darlene Watkins 4115 E. Inverness Drive Post Falls, ID 83854-6821 EM 10/11, Lot 41 Mark & Pamela Gotsch 15123 E. Vermillion Drive Fountain Hills, AZ 85268-6349 EM 10/11, Lot 54 George & Karen Arndt 15120 E. Vermillion Drive Fountain Hills, AZ 85268-6350 EM 13, Lot 2 Eagle Mountain Investors LLC 5343 N 161h St., Ste. 460 Phoenix, AZ 85016-3234 EM 13, Lot 5 Eagle Mountain Investors LLC 5343 N 161h St., Ste. 460 Phoenix, AZ 85016-3234 EM 10/11, Lot 28 Richard & Deborah Hellers 15137 E. Twilight View Drive Fountain Hills, AZ 85268-6340 EM 10/11, Lot 31 Charles & Marlene Rolecek 36825 N. Hickory Ct. Ingleside, IL 60041-9604 EM 10/11, Lot 33 Edward Charbonneau Laurie Pasanella 15167 E. Twilight View Drive Fountain Hills, AZ 85268-6340 EM 10/11, Lot 36 Daniel & Mari Krause 8473 E. San Lorenzo Drive Scottsdale, AZ 85258-2571 EM 10/11, Lot 39 Walter & Marjorie McCoy 15115 E. Vermillion Drive Fountain Hills, AZ 85268-6349 EM 10/11, Lot 52 Charles & Nancy Hogan 9130 N. 101 st Way Scottsdale, AZ 85258-5777 EM 10/11, Lot 55 Michelle Hawkins 15116 E. Vermillion Drive Fountain Hills, AZ 85268-6350 EM 13, Lot 3 Randall Mills 20425 N. 17th Way Phoenix, AZ 85024-4306 FRCC M-1, Lot 9 Firerock LLC 15925 E. Shea Blvd. Fountain Hills, AZ 85268-5909 M AVERYO Address Labels Laser 5160® Qf�IN-IC--) 1t`�g101 amootn reea meets ' m Use temptate for 510-u- FRCC M-1, Lot 10 Firerock LLC 25 E. Shea Blvd. Fountain Hills, AZ 85268-5909 FRCC M-2, Lot 3 Firerock LLC 15925 E. Shea Blvd. Fountain Hills, AZ 85268-5909 FRCC M-2, Lot 6 Firerock LLC 15925 E. Shea Blvd. Fountain Hills, AZ 85268-5909 FRCC M-2, Lot 1 Firerock LLC 15925 E. Shea Blvd. Fountain Hills, AZ 85268-5909 FRCC M-2, Lot 4 Firerock LLC 15925 E. Shea Blvd. Fountain Hills, AZ 85268-5909 FRCC M-2, Lot 7 Firerock LLC 15925 E. Shea Blvd. Fountain Hills, AZ 85268-5909 FRCC M-2, Lot 2 Firerock LLC 15925 E. Shea Blvd. Fountain Hills, AZ 85268-5909 FRCC M-2, Lot 5 Firerock LLC 15925 E. Shea Blvd. Fountain Hills, AZ 85268-5909 ��, AVERY© Address Labels Laser 51600 11/30/01 FRI 09:59 FAX 602 9552272 BISKIND , HUNT & TAYLOR 001 11 0 LAW OFMCES BisKIND, HUNT & TAYLOR, P.L.C. FACSIMILE COVER SHEET TO: RECEIVING PARTY FIRM NAME FACSIMILE NUMBER William Farrell Town of Fountain Mls (480) 837-5805 c/o Jennifer Mark Voigt CSW (602) 265-7740 John Suriano CSW (602) 265-7740 Artie Hauer CSW (602) 265-7740 FROM: Neil D. Biskind, Esq_ TIME: 10:04 AM DATE: November 30, 2001 FILE: EM / GENERAL COMMENTS: Attached is a copy of the Condition of Title Report pertaining to Tract G of Eagle Mountain Parcel 10/ 11 confirming that the land is owned by Eagle Mountain Investors, L.L.C. Please let me know if you have any questions or need any additional information. Number of pages, including this cover page: 4 Please call (602) 955-1822 to report transmission failure. i �. -. :': .max i:W,fti.�lstfdlsn•.+�, .:.. - .. Original ® will not follow. Original will follow by ❑ regular mail, ❑ overnight mail, ❑messenger. Unless otherwise indicated or obvious from the nature of the transmittal, the Information contained in this faoslmile message is attorney privileged and confidential information intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communloatlon is strictly prohibited. If you have received this communication In error or are not sure whether it is privileged, please immediately notify us by telephone and return the original message to us at the above address via the U.S_ Postal Service. Thank you. 11201 NQRTtiTkrum BOL-UVAPD, SUTTL• 330 NDENU<, ARLZONA 8502E TELEPfioNH (602) 955-4433 FAx (602) 955-2272 11/00/01 FRI 09:59 FAX 602 9552272 BISKIND, HUNT & TAYLOR fa002 NOV 30 2001 09: 38 FR FNT-HHUEN 1 X PL.HZR 602 466 e5eK i u y:Dz�ee-re p1r)ELI T'Y NATIONAL TITLE INSURANCE COMPANY 2390 EAST CAMELEACK ROAD, SUITE 140 PHOENIX, ARIZONA 95016 PHONE NUMBER :( 6 0 2) 2 2 4 - 8 5 6 9 "THE CLOS3NO COMPANY" CONDITION OF TITLE REPORT J.kl SCH3DULF, A 1. Effective Date.. November 20, 2001 at 7:45 A.M. our No.: 75002619 bb/TC 2. This is a Condition of Title Report only. This report does not represent nor commit any type of title insurance. The liability incurred, if any, is limited to twice the amount of the fees paid for this report. FOR THE 59NNVIT AND USE OF BISKIND, HUNT & TAYLOR 3. The estate or interest in the, land described or referred to in this Report and covered herein is: A FEE 4. Title t-o the estate or interest in said lard is at the effective d"te hereof vested in: EAGLE MOUNTAIN INVESTORS, L.L.C-, an Arizona Ximited liability company 5. The land referred to in this Keport is, in the State of Arizona, County of Maricopa, and is described as follbws: Tract G, EAGLE MOUNTAIN PARCEL 10/11., according to Book 436 of Maps, Page 32, records of Maricopa County, Arizona. FIDELITY NATIO TITLE 19SURANCE COMPANY, a corpora ion By: Autho ized ignature '\_1 11/30/01 FRI 09:59 FAX 602 9552272 BISRIVD, HLWT & TAYLOR NOU 30 2061 09:38 FR FNT-PHOENIX PLAZA 602 46d H964 TO 9_95ZZ-(2 [a 005 Our No. 75002619 CONDITION OF TITLE REPORT SCH rQLE B The title to the estate or interest ill the land described or referred to in Schedule A is subject to the following matters: 1. Any action by Maricopa County Assessor and/or Treasurer, altering the current or prior tax assessment, subsequent to the date of this Condition of Title Report. 2. uSubject to any vested and aocrued water rights for mining, agricultural, manufacturing, or other purposes, and rights to i ditches and reservoirs used n connection with such water rights as may be recognised and acknowledged by the local customs, laws and decisions of courts; and there is reserved from the lands hereby granted, a right-of-way thereon for ditches or canals constructed by the authority of the United States of America." (Patent Clause No. 2) 3. TAX.ES AND ASSESSMENT'S collectible by the County Treasurer not yet due and payable for the second half of the following year: Year: 2001 (APN: 217-30-734 and 217-30-735) 4, LIABILITIES AND OBLIGATIONS that may arise by reason of the inclusion of said land within the following named district: Name: Fountain Hills Sanitary District. 5. Liabilities and Obligations imposed upon said land by reason of the formation of the following named Association: Eagle Mountain Conmminity Association. 6. An easement for television cable and rights incident thereto, as granted by instrument, recorded February 1, 1972 in Docket 9213, page 469, over the public utility easement shown on the plat of said subdivision. (Affects portions of said lots lying within public utility easements shown on said plat-) 7. Easements, setback lines, terms, conditions and matters as shown on the plat recorded in Book 436 of Maps, Page 32. S. An inatrument recorded in Docket $914, page 545, entitled 'Request, Consent and Coveaants Running with the Land', which pertains to the organization of a flood control district and general improvement district. CONTINUED..,.- 11/30/01 FRI 10:00 FAX 602 9552272 BISBIND, HUNT & TAYLOR 004 NC" 30 2001 05 c 3B FR P1VT—F'HULN 1 x rrLG HH bA?G bC :yC� •iCI U '� JGC i C r , rrr. rj•* Our No. 75003619 SCHEDULE B - CONTINUED 9. Terms and conditions of Water Service Agreement recorded in Instrument No. 95-0468766, plant Expansion Agreement recorded June 29, 1997 in Instrument No. 97-0434923 azid ,Addendum recorded in Instrument No. 97-0434825. 10. RESTRICTIONS, CONDITIONS, COVENANTS, LIABILITIES, OBLIGATIONS AND EASEMENT'S, (deleting therefrom any restriction$ indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) contained in instrument recorded in instrument No. 95--0070250, amended in Instrument No. 95--0321017, and Tract Declaration recorded in Instrument. No. 97-0752419; and thereafter Certificate of Amendment to Declarations of Covenants, Conditions and Restrictions for Eagle Mountain recorded in Instrument No. 98-0536745. 11. Easement and rights incident thereto, as set forth in instrument: Recorded: in Instrument No. 97-0752417 Purpose: temporary construction. 12. Easement and rights incident thereto, as set forth in instrument: Recorded: in Instrument No_ 97-0725897 purpose: effluent transmission system. ** TOTAL PAGE.04 ** TOWN of FOUNTAIN HILLS a b! Community Development Department �tbat is AP" MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: William E. Farrell, Acting Town Manager FROM: Dana Burkhardt, Senior Planner ; SUBJECT: TU2001-07; Temporary Use request by MCO Properties, Inc. for a Temporary Model Home Sales Office, located at 15104 East West Ridge Drive. DATE: November 30, 2001 This request is for an extension of a temporary use permit to operate a Temporary Model Home Sales Facility on West Ridge Estates Final Plat, Lots 1 & 2. Staff has received two letters of objection to this application. Please refer to the attached Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. 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 • STAFF REPORT DECEMBER 4, 2001 CASE NO: TU2001-07 PROJECT MANAGER: Dana Burkhardt, Senior Planner LOCATION: Located in West Ridge Estates Final Plat, Lots 1 &2. REQUEST: Consider an extension to the Temporary Use Permit for a temporary model home sales office located at 15104 East West Ridge Drive. DESCRIPTION: APPLICANT: Hank Lickman OWNER: MCO Properties, Inc. EXISTING ZONING: "R 1-18" EXISTING CONDITION: Developed with a single family home and a parking area for the existing temporary model home sales center. PARCEL SIZE: 51,292.49 square feet ® SURROUNDING LAND USES AND ZONING: NORTH: Wash; zoned "OSR" SOUTH: West Ridge Dr. and Open Space; zoned "OSR" EAST: Open Space; zoned OSR" WEST: Vacant single family lot, zoned "R1-18". This request is for an extension of a temporary use, which would continue to allow the use of a temporary model home sales facility in a partially built subdivision. The applicant has an expiring temporary use permit for a model home sales facility at this location, effective November 16t', 2000 to November 16`h, 2001. The applicant is now requesting the extension of this temporary use through December 31s`, 2002. This request is in conformance with the Town of Fountain Hills Zoning Ordinance, which does not restrict the number of extensions granted by the Town. Temporary use permits automatically expire two years from the date the use permit becomes effective. MCO Realty Inc., is requesting a thirteen month extension, at which time the model homes sales site will be moved to a new facility located on the west side of Palisades, in Scottsdale. Town Council may establish specific effective dates of temporary uses, however, no temporary use permit may be effective for more than two years without a request for extension. CODE REQUIREMENTS: Section 10.03 Uses Subject to Temporary Use Permit: C. Model Homes. Model Homes may be permitted in a residential area by Temporary Use Permit only. In the review for a model home, the staff, and if necessary, the Town Council, may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. As a minimum, the following standards shall apply: 1. On -site sales personnel must be present at least five (5) days a week during normal business hours. In no case shall a model home be open before 7:00 A.M. or after 9:00 P.M. 2. The model home shall be for the purpose of marketing the construction of custom homes or a tract subdivision with a given product line in Fountain Hills. A model home may not be used as an office for the marketing of developed property, or the marketing of property outside of Fountain Hills. *1 3. An off-street parking stall for each person stationed on site, plus two spaces. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home. 0 EVALUATION: Staff has received two letters opposing this extension request. The applicant has provided a petition of 17 adjacent property owners who support this temporary use request. The first temporary use permit for model home sales at this location was issued on May 1st, 1999, effective for a two-year period. Since that time, the Town Council has granted a one-year extension. RECOMMENDATION: Staff recommends approval of TU2001-07; to allow a temporary model home sales facility to continue under temporary use until December 31s`, 2002, with the stipulation that no further extensions be granted for a model home sales use at this location. Eq 0 NOTICE OF APPEAL November 6, 2001 Town of Fountain Hills Attn.: Dana Burkhardt P.O. Box 17958 Fountain Hills, AZ 85268 City Council, I protest granting MCO Realty Inc. a temporary permit to operate a business at 15104 E. West Ridge Drive in Fountain Hills. They have been operating this business in our residential neighborhood far too long already! Far too many automobiles surround the property and I find the noise and activity disruptive to our quiet and peaceful neighborhood. MCO Realty Inc. has other offices scattered throughout the city already. Please do not grant them permit. Respectfully subm' ed, N than B. Van Keuren (480) 836-1926 11602 N. Spotted Horse Fountain Hills, AZ 85268 ZZLJ )�c a �� K TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed Fee Paid Accepted By $230.00 — V e c e 224 Type of Temporary Use Requested Model Home Sales Office Date(s) Temporary Use Will Occur From: November 7, 2001 To-, December 31, 2002 Address of Subject Property Zoning 15104 E. Westridge Dr. R1-18 Legal Description: Plat Block Lat(s) WestRidge Estates 1 & 2 Applicant Day Phone HD Realty Inc. ESL, 480-837-2500 Address Clty ST Zip 9617 N. Saguaro Blvd. Fountain Hills AZ 85268 Owner Day Phone NM Properties Inc. 480-837-9660 Address city ST --[Zip 16930 E. Palisades Blvd. Fountain Hills AZ 85268 ofOwn! HERBY AUTHORIZE (Please Print) Date /,� r 77;/ L7= THIS APPLICATION. C -� S bscribed and sworn before me this p(9 day ofmg o c FA My Commission 4 ET Notary Public µahkryPub*o_%ftofAr� MARICOPA COUNTY My oornm wq*w Nw. 4, 20M (Seal) Please Provide the Following (attach additional sheets): 1. Site Plan showing location of the temporary use and the orientation of surrounding properties. 2. Mailing labels with names and addresses of property owners within 300 feet of the proposed temporary use boundaries and a map showing the 300 foot radius from which the names and addresses were derived. 3. Description of the proposed use, the operations of the use, and the facilities proposed for the land use. 4. Describe any adverse impact which the proposed land use may have on the surrounding properties, and on the neighborhood. 5. Describe the steps that will be taken to avoid or lessen these adverse impacts. TFH Case Number Fee Schedule Attached _Tu ^ C7-7 KI •1:' eq.�}¢9l� S2OO Df GU4 DV, NZ Dma ' F you u R m a$ 1. °� 5 Z x � o£ 0 A I xg o r o ZQ Dy O S -Kai iCj ;-Za(', `~F�n' m Im' p ON am �Ormi'� a �Dr nr ZA;SD m;Z Y±-P4 Ep-lei 1•� t =mANN� z?-+�rYy'cF Y 4[ Z 2 ;rmo my . $ z � ox F fM asa m N alai: i .40 =S -n / z m �M 5 f o, 22 N,_ �qj`ET m p �a �e � pq ; 54MIN 82 A N . 9 / ; A Zee m 15 ti / t m nn pp BOA' �Oo L�L Z Ai DHY J2 oS s�a� m D b O > D ry u� � vb r --- gigs p'�R�Nu'FS 3�o"8�"RRB- m III m F o I I oq^ � o _; €NN,. „ � '. � tl $ g SA P $" a 4 ova ;- o a lell I'AA _ T. ® � a p "F F x a 9 �g 'P�' �m g �a s� s. � s y$R4.Xr R g g FF uai!sa P ; 'R �FrN"4 E' Y> �N MCO REALTY - T I I MONTGOMERY ENGINEERING & MANAGEMENT, L.L.C. WESTRIDGE ESTATES LOTS 1 & 2 LRY 971� 16766 EAST PARNVIEW AVENUE. SUITE 201 — Clea FOUNTAIN HILLS, ARIZONA 85268 15104 E. WESTRIDGE DRIVE 91E RAN (602) 837-I845 " ;; MCC Custom PRCTERTIE� October 29, 2001 Mr. Jeff Valder Town of Fountain Hills 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 RE: MCO Properties Custom Home Center at WestRidge Estates Dear Jeff: Please find enclosed our application to extend the current Temporary Use Permit for the home at 15104 E. Westridge Drive, Fountain Hills, Arizona for the period of November 7, 2001 to December 31, 2002. MCO Properties is in the process of designing and building a new home in a different location to use as a custom home center, and we are requesting this extension for this additional time period while the new home is being constructed. As in the past, this center will be utilized to present information about Fountain Hills, custom homesite communities owned by MCO Properties, and home building options for people seeking to build a custom home within Fountain Hills. Parking is completely on site, and our use of this home has no adverse affect on land use or the neighborhood. If you have any questions, please don't hesitate to call me. Sincerely, It Hank Lickman Vice President HL:msp TOWN OF FOUNTAIN HILLq O C T 3 1 2001 16930 E. Palisades Blvd. • Fountain Hills, AZ 85268 ♦ 480-837-9660 CONRAUNI IY Jrw:i_0 Fax: 480-837-1677 • Nvvm..mcoproperties.com DEPART„I(ly: V-0 Custom PRCTERT.-S November 28, 2001 Honorable Mayor & Council Town of Fountain Hills 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 RE: Temporary Use Permit Dear Mayor & Council: I am requesting a new temporary use permit for the model home sales center located at 15104 E. Westrdge Drive, Fountain Hills, Arizona. There are currently 20 homes either under construction or occupied in the WestRidge Estates subdivision. As you know, there are a total of forty-four lots available in WestRidge Estates. I have attached a list indicating that twelve home owners have given their approval and have no objections to a twelve month extension of this special use. Also, at the November 27th Annual WestRidge Estates Property Owner's Association Meeting an additional five property owners indicated they have no objections to the continuation of this use for the year 2002. I have also attached a list of these property owners, indicating the lot numbers where their homes are located. This gives us a total of seventeen residents who have voiced their approval of our continued use of this home. I have met with several architects and we are currently planning the construction of a new model home sales center, to be located on the corner of Eagle Ridge Drive and Palisades in the Eagle Ridge subdivision, and we plan to move into this new location in late 2002. Therefore, this will be the final request we will make for the use of our current location. We have received two letters of objection to our temporary use permit. I would like to note that one of these property owner's does not reside in the WestRidge Estates subdivision but lives on a street named Spotted Horse, which is north of WestRidge Estates. The other objection is from a lady who recently constructed her home on Lot 4 in WestRidge Estates. Apparently, she indicated to the Town staff that she is bothered by lights from cars that flash on her home when they are turning into our parking lot, which is located on Lot 2. I find this interesting since the office hours of our model are from 9- 5, and this model home is never open after daylight hours. I am asking, based on the overwhelming support, that you favorably look upon this final request for the temporary use of this home. 16930 E. Palisades Blvd. ♦ Fountain Hills, AZ 85268 ♦ 480-837-9660 Fax: 480-837-1677 ♦ www.mcoproperties.com Honorable Mayor & Council November 28, 2001 Page 2 I will be presenting a visual display at the Town Council meeting indicating where the residents live that are in support of our use, and also will indicate the location of the two individuals who have objections. Thank you for your consideration. Sincerely, MCO Custom Properties Hank Lickman Vice President HL:msp Attachments C7 E SIGN -IN SHEET PROPERTY NAME: i Jc 5 i r?,6 Date: Fj ) " LOT NAME SIGNATURE PROXY '51-Z6V A`6 ZW, w1�F'I1 .r T f l^' r'1 r;''r- i... _+ GL<I�� a�-l'�t� i'i..._ i.��St_� if' •. ice. �.�� i_ iAi nnr�iri rtn Ti'oinfPc �1 l'N YF fl il�'liP.C'iiii iZ i'�i a.. i.�"iuiiui� MV a the unuersigued �)popeT4Y owners�-- i. . r+_ ram__ V fit I.LIU /"....*.,.r. w— z,viwee a—eiitri� located At i-5i,041 extension of the 'Special se rear[ d Avg the � u.avau .r Ei iiiS iS iu:: tn:;" n'�.��irmin•s +� ne��ti �ic.rnc, Westridge Drive. "� a understand i• at IsVI r -Q i rG p-�- to be built in EagleRidge at r ounmin mills. NOV 01 01 12S 20p .951 MCQ REaLly VA"a_ 04 p,3 • TO THE FOI;NTAIN YILLSTOWN COUNCIL -We the U31da- ign d pEuputty t)wnEWa ism WrWr:tIp E5i3 ca hA t Y5'o Ohai':fien to « L)-month 3ieis riUil iia L+ �. jsfisS3t .,t.:c if: i.4i: f.Gi hr. CustJi'a1:�frr r vsAlts C- ±�e�r i�.'331I!<'<! 3.t x?�.1?'� NV.3trid,* Y Drive. Wf ihBt NJC' 1 Pro.pertis; h; currgpt[r' designing a nevi• hiJtur V.-,.'...v,p I.. 1: �� RLNI N A3V].C. ,.r,; iii v1�41a iir 4Y L. {. i {t •}EE C ,E.i {f�A i i t f' FfH ; . 4 1---------- t f T t! 7 1• pp n f 11 FROM TICS CONTRACT, iNC. #8E- FA,-,', NO. :54 `+'-144S1i Y... Oi 2D-33 0=:59~m !vPZ-0 REALTY 02 We the undersiped property owners in Wcxtr;dv€ E,� atoms h!nvg no a�:A +t-« :., ti� � "_- vY�lc-ai!btt R mora L erm"ai" of the Speciai Us& P'er:mR for the Cntmers #tt'!s'firfvc,`� au[€e�d ihi i1^iC(� HOC Is:_�-- LD be built i ' ' ••r .�,-�e�_e.aes � ::err ..::�: � ��gl��etige gf �'Qurt�irs H.ifw- Nov 43 01 Q i i 22p A! K I ansek 5703A2 J313 p. 2 N= F'E 7Y PAGE p^;B: AL— v:.,5 A ri,iN ti$isi.ti i ��wiv CF�VIYCIL We t F tt2tipr5Ee ±e a Fert�. en`::- t�i{{Z.�1'E "ti5u'�� E` siates have n0 oDj8CC2C7 t3 a i1-IIlOD01 eXta#r,SsQEi of Ei�e $mot cult 1Tc+r PP±'j*,2:; -Ve o lz �iiiuiv�il i3'vut� 3�jrs Center dOC.„:::t=. at :51iit WestridE€ Drive. We understand iE It Md-n $� pG►165 i Icurretitiy designing s `Inew home to be built it EagleRidge at Fountain N.il!a. IG'VA'.�'L��iE PRINK N AYLE--------------------- ; iDi}RESS CA i i t i i 42� • TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: William E. Farrell, Town Attorney and Acting Town Manager FROM: Jesse Drake, Senior Long Range Planner j p DATE: December 4, 2001 SUBJECT: Consideration of OPTION AND SITE LEASE AGREEMENT with Sprint Spectrum LP for installation of a wireless communication facility on Town property. Sprint Spectrum LP .is proposing a wireless communications facility in Tract A of Mirage Point. The facility will consist of a stealth saguaro cactus and a partially underground equipment shelter. Please see the attached staff report for details. TOWN OF FOUNTAIN HILLS STAFF REPORT DECEMBER 4, 2001 REQUEST: Consideration of OPTION AND SITE LEASE AGREEMENT with Sprint Spectrum LP for installation of a wireless communication facility on Town property. LOCATION: Adjacent to El Pueblo Boulevard, south of Flat Rock Road, in Tract A, Final Plat Mirage Pointe. PROJECT MANAGER: Jesse Drake, Senior Long Range Planner DESCRIPTION: APPLICANT: Starbridge Communications for Sprint PCS OWNER: Town of Fountain Hills EXISTING ZONING: "OSR" EXISTING CONDITION: vacant land SURROUNDING LAND USES AND ZONING: NORTH: Vacant land, zoned "R1-10". SOUTH: Vacant land, zoned "RI-6A" P.U.D. [Z98-09]. EAST: Vacant land, Ft. McDowell Mohave -Apache Indian Community WEST: Single family housing, zoned "R1-6". SUMMARY: This is a request for consideration of an Option And Site Lease agreement that would allow Sprint PCS to construct a wireless communication facility in Tract "A" of Final Plat Mirage Pointe. Tract "A" consists of vacant land located on the west and south of the Mirage Pointe subdivision. The portion of Tract "A" requested for this proposal is adjacent to the west side of El Pueblo Boulevard, south of Flat Rock Road just north of point at which El Pueblo Boulevard turns west toward its final cul-de-sac terminus. The Lease Sprint has agreed to lease the site from the Town for the first five years at a rate of $1,500.00 per month. The contract includes three five-year renewal terms with rent increases effective upon each option renewal. The lease document is comparable in terms and conditions with the existing lease that was approved by Town Council for the Sprint site at Eagle Mountain Parkway and Shea Boulevard. The Wireless Facility The elevation of El Pueblo Boulevard rises with the underlying topography from the intersection of El Pueblo and Grande Boulevard towards the proposed site. The ridge continues to rise past the proposed site, and then drops down farther to the south. The proposed site is near, but not at, the crest of the ridge. From west to east, the topography slopes gently toward El Pueblo Boulevard and slightly beyond, into the Tract "A" area, then drops off steeply into the Ft. McDowell Indian Community land. The portion of land requested in this proposal slopes gradually from southwest to northeast with a steeper portion on the eastern side. To the east of the proposed site, the north/south boundary line between the Town and the Fort McDowell Indian Community is delineated with a five-foot high barbed wire fence. Just to the west, and parallel with the fence, is a line of Salt River Project power poles. The applicant proposes to install a 25'-6" high stealth saguaro cactus approximately fifteen feet east of the existing roadway pavement. The stealth saguaro will have a main eighteen - inch diameter spear concealing one antenna, and two arms, concealing one antenna each. All cabling for the antennas will be concealed within the body of the stealth saguaro and run underground to the equipment shelter. The equipment for the facility will be housed in a partially underground shelter. The shelter will have block walls textured and painted to coordinate with the existing residential homes to the west. The walls will be designed with a decorative stepped articulation to match the southwestern design of the surrounding homes. Although the shelter walls will be 9'-6" high, the equipment shelter will be underground four feet, leaving only 5'-6" visible from the street. Additional screening of the shelter walls will be provided by a three-foot high, five-foot wide landscape berm that will be installed along the length of the shelter area between the shelter wall and the roadway. A ten -foot high saguaro will be planted adjacent to the stealth saguaro, and the berm and site area will be landscaped with foothill paloverde trees and creosote bushes. Crushed granite, in a color to match the surrounding desert, will top the disturbed soil to further blend the site into the existing natural desert vegetation. Access to the equipment shelter is proposed from a new twelve -foot wide, 51-foot long gravel driveway. The driveway will serve as the parking area for the service technician. A turn -around area has been provided at the south end of the lease area to enable the technician to exit the site in a forward motion. No backing onto El Pueblo Boulevard will be necessary. The steep slope of the southeastern side of the site necessitated the addition of a retaining wall to accommodate the turn -around area. Emergency generator parking will be located adjacent to the south end of the equipment shelter, screened behind the landscaped berm. The equipment shelter will not be lit except if a technician must provide service during evening hours, and if so, then the site will only be lit for the time the technician is at the site. The electrical and telephone utility lines for the equipment will come from the north. The trenching for the utility line will be re -vegetated to the non -abutting standards of the Town's subdivision ordinance. EVALUATION: Town of Fountain Hills Zoning Ordinance, Section 17.05: A. General. The uses listed in this Section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Permitted Uses. The following uses are specifically permitted: 1. Antennas or towers located on property owned, leased, or otherwise controlled by the Town of Fountain Hills provided a license or lease authorizing such antenna or tower has been approved by the Town of Fountain Hills. No such license or lease shall be issued for a tower located within three hundred (300) feet of any residentially zoned property until a public hearing has been held at a regular or special Town Council meeting. The proposed wireless facility is proposed for Town owned property. Permitted Uses are approved through the building permit process. The proposed wireless facility would qualify as a Permitted Use except that the proposed site is less than three hundred feet from adjacent residential properties and therefore requires consideration by the Town Council. The antennas for the wireless facility are concealed within the stealth saguaro and the equipment shelter has been carefully designed to compliment the existing residential homes and blend into the surrounding natural desert to minimize the adverse visual impact on the community. The height of the stealth saguaro is less than the thirty-foot height limitation for the OSR zoning district. Additionally, the facility exceeds the required 1000- foot separation distance to any existing towers. Due to the limited height of the stealth saguaro, co -location would not be possible for this facility. The applicant initially considered alternative sites for this coverage satisfactory negotiations with SRP. Peaks Park as an alternative site, requirements. two adjacent Salt River Project power poles as area, but the applicant was unable to complete The applicant also reviewed the light poles at Four but the park site did not conform to the coverage A portion of the proposed facility falls within a No -Build Easement/Hi 11 side Protection Easement. Accessory buildings are allowed within the No -Build Easement. The applicant is aware, and the submitted plans note, that no building permit will be issued prior to the abandonment/dedication of the portion of the proposed wireless facility area within the N.B.E/H.P.E. RECOMMENDATION: Staff recommends approval of this OPTION AND SITE LEASE AGREEMENT. OPTION AND SITE LEASE AGREEMENT THIS OPTION AND SITE LEASE AGREEMENT (this "Agreement") is entered into this day of , 2001 ("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 t Property for the Permitted Use as set forth in Paragraph 3 below. Payment of amount specified �r 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 one 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 A 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 screened from view 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 and Six (6) inches. 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 r� 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"). (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. 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 attorneys fees and costs, arising out of or in connection with the removal, cleanup, or restoration of the Property with respect to Hazardous Materials from any and all sources other than those Hazardous Materials introduced to the Property by Lessee. (c) "Hazardous Materials" means asbestos or any hazardous substance, waste or materials as defined in any federal, state, or local environmental or safety law or regulations including, but 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 (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, whether before or after a default under this Agreement, in Lessee's and/or Mortgagee's sole discretion and without Lessor's consent. follows: 12. Termination. This Option and Site Lease Agreement may be terminated as (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 0 Building "C" Fountain Hills, Arizona 8526 Phone: (602) 816-5108 Fax: (602) 837-3145 16. Miscellaneous. Pleasanton, California 94588 Phone: (925) 468-7800 Fax: (925) 468-7839 With a copy to: Sprint Spectrum L.P. Attn: Legal Department 4900 Main, 12'h Floor Kansas City, MO 64112 Phone: (816) 559-2512 Fax: (816) 559-2281 (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 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. 0) Owner shall execute and deliver to Lessee a recordable memorandum of this Lease in the form of the attached Exhibit E. LESSOR: TOWN OF FOUNTAIN HILLS LESSEE: SPRINT SPECTRUM L.P. By: By: George Ghantous Its: Its: Regional Director Site Development Western Region ATTEST: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: Bill Farrell, Town Attorney 0 EXHIBT A C Legal Description COMMENCING AT THE NORTHEAST CORNER OF MIRAGE POINTE SUBDIVISION. RECORDED BOOK 419. PAGE 191 THENCE SOUTH 06" 26. 53• VEST. ALONG THE EAST LINE OF SAID SUBDIVISION. A DISTANCE OF 359.61.1 THENCE NORTH 83. 33' 07• VEST. DEPARTING THE EAST LINE OF SAID SUBDIVISION. A DISTANCE OF 21.09- FEET TO THE POINT OF BEGINN1NGi THENCE SOUTH 06. 26' 530 VEST. A DISTANCE OF 92.20' FEET] THENCE NORTH 63. 33' 07• VEST. A DISTANCE OF 32.32 FEET] THENCE NORTH 09. 56' 49• VEST. A DISTANCE OF 35.23- FEET] THENCE NORTH 01. 23- 2W EAST. A DISTANCE OF 9.45' FEETt THENCE NORTH 86. 39' 25• EAST. A DISTANCE OF 5.66' FEETi THENCE NORTH 06. 26' 53' EAST. A DISTANCE OF 49.30' FEET] THENCE SOUTH 83. 33' 07• EAST. A DISTANCE OF 48.73 FEET TO THE POINT OF BEGINNING. 10 �C3 MISS ILION oil filing SHE �)»ii:. r■r■ranfff ■r■r.r■r•rr� �)uuuri..or....r U))Y rcri[[lQ )).�) ■■...I[Q[ .1.r■....o� IMW . w w ■ w �))wir■r■r.r■rcl[f iii•�■Vrr■r■r■�1:aN r■r■r■rr!r••• r■r.r■rr �)ii))a r■r■rlll([ �))i)).rr■vrr.��[[[ ...•ital[lf[[l triririririri� i • r���V�r�r�r�rtr�� - �iiw,■r■r■r■r■r:uf - �ii.r■r■r■rw■r:A[ )iiiiifAMC!!! iiiiii) ■A iii�l[i �iHi�i ■■�►..rr.. .�ii ■ ►...... ■w■w■•■w■■•H.4 ■A■■■■■w■w�rrr �/>%ri■w■w■w■■■Mop - �ii=i■A■w■w■w■•■.•N ar■r■rir■r■r■r■rr. ■r■r■r■r■rp■rr. - ■r■r■r■r■r■r■r•. �%■r■r■r■r■r■r■r.. 01 �r■r■r■r■r■r:al[ �)).rr■r■r■r■r■r:ap �ii))).■r■r■r.([Qf �)ii»:.�r■r■raif[u �iiip)�■■•llQlff �iii/i) ■A•f[/Nf[ ■w■■■w■■■■w■■■■... i A A Kq O � c P, 3 E � 2 a• j g e$ g 0 R � O A-,r i-F i-F i-f ..-F• A�-F A•.r A-,G A-i N ® .�--• � N • I d A b } ~� � ra N y ___ ___ 'C tV N gy yy d ctl � �WO 9d y^4 FQQ 0 a,a •o � �a g � ��i, 3 R E-� A 0 EXHIBIT D Environmental Laws To the Option and Site Lease Agreement dated , 2001, 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. IAs 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. 13 EXHIBIT E Memorandum of Lease After recording, please return to: Michael E. Tiffany, Esq. Tiffany & Bosco, P.A. 1850 N. Central Avenue, 51h 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: , 2001 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 14 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. ATTEST: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: Bill Farrell, Town Attorney 15 George Ghantous Its: Regional Director Site Development Western Region OWNER NOTARY BLOCK: STATE OF ARIZONA COUNTY OF MARICOPA The foregoing instrument was acknowledged before me this _ day of , 2001, by , as of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the corporation. .11 SPRINT SPECTRUM L.P. NOTARY BLOCK: STATE OF CALIFORNIA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2001, by GEORGE GHANTOUS, Regional Director Site Development, Western Region of Sprint Spectrum, L.P., a Delaware limited partnership, who executed the foregoing instrument on behalf of such limited partnership. 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Farrell, Acting Town Manager DATE: November 30, 2001 RE: Right -of -Way Abandonment ROW2001-03; Resolution 2001-55 Desert Vista (Center Alley & East Alley) Plat 302, Block 3, Lots 1-6 MCO Properties This item on the Town Council's agenda is a proposal to abandon the thirty (30) foot wide alley running east to west centrally located within the plat and north to south located within the plat at the easterly property line along Lots 3 and 4, Block 3, Plat 302, as shown in Exhibit "A". The property owner of Plat 302 desires the assurance that any future improvements made to the plat will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. Two live sewer lines and a reclaimed effluent line exist within the east alley. The Sanitary District has no objection to the abandonment of the alley right-of-way, provided that the public utility easement is retained. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the alley right-of-way. It is the professional opinion of the Engineering Department that there is the need for the Town to retain the drainage easement, located in the north -south alley right-of-way. The property owner of Plat 302 is required to pass the developed flows generated across their property. All affected utility companies have been notified of this right-of-way (alley) abandonment proposal and have approved the proposed retainment of the public utility and drainage easement along the easterly property line of Lots 3 and 4, as shown in Exhibit "A". Page I of 2 ROW 2001-03 (MCO Properties) Desert Vista Plat 302, Blk 3, Lots 1-6 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 C'hron Staff recommends adoption of Resolution 2001-55, with the following stipulations: • The alley abandonment is contingent upon and should be recorded immediately prior to, a replat joining all the lots (Lots 1-6) within Plat 302, Block 3. • The existing sanitary sewer located in the east -west alley (between lots 1-3/4-6) shall be abandoned in accordance with Fountain Hills Sanitary District requirements (removed? Or just plugged and capped?) • Parcel "C" (east of the alley) shall be landscaped in accordance with Town requirements. • Construct hammerheads or cul-de-sac bulb turn-arounds satisfactory to the Town Engineer, with appropriate right-of-way dedications, at the east end of Sioux Drive and Saxon Drive. • Provide for satisfactory drainage flow from the east end of Sioux Drive to Saxon Drive drain, and then to the east Town boundary, (a storm drain may be required). • Any fences crossing the retained public utility easement shall have removable fence panels. c cc: MCO Properties Tom Ward Page 2 of 2 ROW 2001-03 (MCO Properties) Desert Vista Plat 302, Blk 3, Lots 1-6 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: Town of Fountain Hills Engineering Dept, PO Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2001-55 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO A.R.S. § 28-1901 ET. SE0. ABANDONING ALL RIGHT, TITLE OR INTEREST IN THE TWO ALLEY RIGHTS -OF -WAYS LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 302, BLOCK 3, ADJACENT TO LOTS 1-6 AND ALONG AND ADJACENT TO PARCEL "C" AS RECORDED IN BOOK 156, PAGE 45 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY. WHEREAS, A.R.S. § 28-1901 et. seq. provides for the disposition of unnecessary public roads; and WHEREAS, The Town Council of the Town of Fountain Hills is the governing body of the Town; and NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona, as follows: SECTION 1. That the 2 public alleys located within Plat 302, Block, 3, Lots 1-6 as recorded in Book 156, Page 45, Maricopa County Recorder Records as described in Exhibit A attached hereto and incorporated herein are hereby declared to be no longer necessary for public use as alley right-of-ways. SECTION 2. That the Council determines this property can best be used to protect the public health, safety and welfare of the adjacent property owners and the citizens of the Town and therefore declares that the value of the property is de minimis and that no compensation is required from the adjacent property owners pursuant to A.R.S. § 28-1902.A.3 and § 28-1902.A.5. SECTION 3. That upon recordation of this resolution in the office of the Maricopa County Recorder, title to the alleys as described in Exhibit A shall vest in the owners of record of the adjacent property as determined by the records of the Maricopa County Recorder on the day of recordation, subject to the easements retained. Resolution 2001-55 Page 1 of 2 fir• PASSED AND ADOPTED this 4`h day of December 2001. FOR TOWN OF FOUNTAIN HH.LS: Sharon Morgan, Mayor REVIE,WED BY: .rA,.,z p L William E. Farrell Acting Town Manager ATTEST: assie B. Hansen Town Clerk 07;0 DAS�OFO � J William E. Farrell" Resolution 2001-55 Page 2 of 2 Town Attorney O��'rAIN a aT 1919 • that is TO: THROUGH: FROM: SUBJECT: DATE: TOWN of FOUNTAIN HILLS Community Development Department MEMORANDUM The Honorable Mayor and Town Council William E. Farrell, Acting Town Manager Dana Burkhardt, Senior Planner Development Agreement and Special Use request for "Desert Vista Place Condominiums"; Case Number SU2001-13 November 30, 2001 Staff has combined the reports for the Development Agreement and Special Use Permit request for "Desert Vista Place Condominiums", a proposed 21-unit condominium project located in Plat 302, Block 3, Lots 1-6. This is request by MCO Properties, LLC. (current property owner) and Hallcraft Homes, to enter into a Development Agreement for the purchase and transfer of hillside preservation lands from the Town of Fountain Hills, among other things. Please refer to the attached Planning and Zoning Commission & Staff report for additional details regarding this request. If you have any questions, I can be reached at (480)816-5138. 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 PLANNING & ZONING COMMISSION AND STAFF REPORT DECEMBER 4TH, 2001 CASE NO.: Development Agreement & SU2001-13 PROJECT MANAGER: Dana Burkhardt, Senior Planner LOCATION: Final Plat 302, Block 3, Lots 1-6 REQUEST: Consideration of a Development Agreement and special use request for "Desert Vista Place Condominiums", a 2.75 acre, 21 unit condominium subdivision proposed in the "C-1" Zoning District. DESCRIPTION: OWNER: MCO Properties, L.P. APPLICANT: Hallcraft Homes, Gene Baker, President EXISTING ZONING: "C-1" Neighborhood Commercial and Professional Zoning District SURROUNDING LAND USES AND ZONING: NORTH: Saxon Drive and existing church facility; zoned "C-1" SOUTH: Automotive repair shop, vacant lot, and the School District's bus depot; zoned "C-1" EAST: Vacant Town owned Parcel "C" and vacant Fort McDowell Indian Community land; zoned "C-1" WEST: 302 Park; zoned "C-1" SUMMARY: This request by MCO Properties L.P. and Hallcaraft Homes, is for a Development Agreement and special use permit for the proposed "Desert Vista Place Condominiums", a 21 unit multiple - family gated subdivision with a common pool amenity. This project requires a Special Use Permit to allow residential development in the "C-1" Commercial Zoning District, a replat of Final Plat 302, Block 3, Lots 1-6, which would abandon all property lines and alley rights -of -way within Block 3 of Plat 302, and also the abandonment of the existing alley right-of-way located along the east property boundary of Lots 3 & 4, Block 3, Plat 302, with dedication from the Town to the property owners. On November 29, 2001, the Planning and Zoning Commission recommended approval of the Special Use with one amendment to staff's suggested stipulations. The Planning and Zoning Commission believes that the project is too congested with buildings, in particular the adjacency of buildings one and two. The Planning and Zoning Commission added a stipulation that the Staff and P & Z Report SU01-13 and Development Agreement for "Desert Vista Place Condominiums." November 23, 2001 Page 2 developer reduce the project density by one dwelling unit, suggesting he remove one unit from building one to allow more open space and less congestion in that area. The preliminary plat request was continued due to this stipulation so the Planning and Zoning Commission would have the opportunity to review a reconfiguration of the site plan if Town Council supports their recommendation to reduce the number of units. This project has been designed in conformance with the "M-1" Multiple -Family Residential Zoning District requirements. The alley abandonment and dedication to the owner/applicant will allow a maximum density of 21 dwelling units, as it is proposed, per the "M-1" Zoning District standards. There are two vehicular access points to this subdivision. The main point of access is the Desert Vista gated entrance, and a secondary vehicle access point is located off of Sioux Drive. The total parking required for this project is forty-eight, one of which must be handicap accessible. Each unit has an attached two -car garage that is setback a minimum of 19' from the back of sidewalk or back of curb, whichever is closer, to allow space for tandem parking. There are four uncovered parking spaces adjacent to the pool amenity and three more parking spaces distributed along the west side of the drive aisle adjacent to Sioux Drive. All utilities and access aisles are located within a forty-two foot roadway and public utility easement. The drive aisle paved width is twenty-six feet with a five-foot sidewalk on one side. The individual dwellings are both single -level and two-story with living areas ranging from 1,312 to 2,082 square feet. The end units of all the proposed buildings are single story. The proposed replat associated with this special use request will create a single lot with three street - side property lines. Article 308(F) of the Subdivision Ordinance establishes the following: "Through lots shall not be permitted. An undevelopable tract of land, at a minimum depth equal to at least 20 feet or the street -side yard setback requirement of the zoning district within which the subdivision is located, shall be shown on the final plat between the rear and street side lot line(s) of all lot(s) and the abutting street right-of-way (See Exhibit 21). In subdivisions where all of the lots are at least 18,000 square feet in size and are not graded with the subdivision improvements, a no -build or other comparable easement may be platted, at the Town's discretion, instead of the separate tract of land." Staff believes it is appropriate in this instance to allow a thirty-foot No Build Easement (N.B.E.) and a one foot Non -Vehicular access Easement (N.V.A.E.) in place of a separate tract. This lot Staff and P & Z Report SU01-13 and Development Agreement for "Desert Vista Place Condominiums." November 23, 2001 Page 3 configuration has been designed with a thirty-foot minimum building setback from all four sides, as the "M-1" Zoning District prescribes. The Zoning Ordinance allows a maximum wall height of forty-two inches within these setbacks. The applicant has requested the Town enter into a development agreement to transfer hillside preservation and for the development and maintenance of Parcel "C". In accordance with Article 504 of the Subdivision Ordinance, this property has approximately 4,233.9 square feet of hillside to preserve. The proposed condominium preliminary plat proposes 100% disturbance. Staff is recommending the Town Council approve a participation of funds to transfer hillside preservation to the McDowell Mountain hillside preserve, in -lieu of on -site preservation. The site design proposes to convey all drainage from this site through Parcel "C", which is located adjacent to the eastern property boundary. Staff will agree to allow the applicant to convey drainage through this area, however, it must be contained within an underground storm drain. Containing the storm water in a pipe will allow for easier maintenance for the property owners and kw allow safer access to the public utilities. An easement will be maintained over the existing sewer and utility lines located in the alley. Staff recommends that the developer provide a trail, landscaping, and perpetual maintenance of Tract "C", as part of the development agreement, at his sole expense. Staff recommends acceptance of the Development Agreement with Hallcraft Homes as presented. The Planning & Zoning Commission and Staff recommend Town Council approve the special use permit for "Desert Vista Place Condominiums", with the following stipulations: 1) That the applicant reduces the density of this project by removing one dwelling unit. 2) Receive right-of-way abandonment from Town Council, as recommended by the Town Engineer (revise north eastern corner of lot line at alley as it is shown on southeast corner, place drainage structure on lot). 3) That the applicant provide a title report showing his ownership of the property and any easements on, across, and over all properties to be dedicated prior to recording the Development Agreement. Exhibits: A) Development Agreement B) Section 2.02 (Special Use Permits) of the Town of Fountain Hills Zoning Ordinance IL C) Special Use Permit Application WHEN RECORDED RETURN TO: Attn: Town Manager Town of Fountain Hills 16836 East Palisades Boulevard Fountain Hills, Arizona 85269 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of the 4th day of December, 2001 (the "Effective Date") by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Hallcraft Homes (the "Owner"). RECITALS: A. Owner is the owner of that certain real property located in the Town, consisting of approximately 2.76 acres of land, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). B. Owner would like to develop a twenty-one (21) unit condominium complex (the "Project") as shown on Exhibit `B". Owner and Town desire to facilitate the development of the Project. C. In order to facilitate the development of the Project, Owner desires: (i) relief from those portions of the Town's subdivision ordinance (the "Ordinance"), which limit the amount of area on the Property, which may be disturbed; (ii) that the Town abandon and dedicate to the Property the existing alley rights -of -way in Block 3, Plat 302 and the alley abutting the east property boundary of Block 3, Plat 302 as shown in Exhibit "C", to allow the Property the additional square footage necessary to maintain conformance to the maximum allowed dwelling unit density of the "M-1" Zoning District; D. The Town acknowledges and agrees that, notwithstanding said limitations, the development of the Project 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; (iii) decrease the existing overabundance of commercially zoned property in the Town; (iv) provide landscaping, irrigation, and perpetual maintenance of the Town Owned property known as Parcel "C" by the Owner, as shown in Exhibit "A". EXHIBIT A E. Among other things, the development of the Project pursuant to this Agreement will 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 VM. 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 4,233.9 square feet of hillside land in excess of that permitted by the Subdivision Ordinance; (iii) the ability of the Owner to develop the property in conformance with the maximum allowed density of the "M-1" Zoning District. 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. Pursuant to the provisions of Article 504 of the Subdivision Ordinance, the Owner has submitted an application to the Town for relief from the provisions of Article 504 of the Ordinance, which limits the allowed disturbance of the Project on the Property under the current Hillside Disturbance Ordinance. This application would allow the Owner to disturb approximately 4,233.9 square feet of hillside land in excess of that permitted by the Subdivision 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 develop the Project upon the following terms and conditions: (a) The Owner's development of the Project 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 $4,233.90 to be used for the acquisition and/or expansion of the open space areas within the Town. (c) The Owner will develop and maintain Parcel "C", at his sole cost and expense, the landscaping and irrigation as specified in Article 605 of the Subdivision Ordinance. 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 development of the Project. 2 (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 16836 E. Palisades Boulevard Fountain Hills, AZ 85269 Attn.: Town Manager with a copy to: Owner: Hallcraft Homes 16766 East Parkview Avenue Suite #201 Fountain Hills, Arizona 85268 Attn.: Gene Baker with a copy to: Matt Berens 7047 East Greenway Parkway Suite #140 Scottsdale, Arizona 85254 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 3 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. (i) 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. (j) 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. (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 n 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. (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, or if there have been modifications, that this Agreement is in full force and effect as modified, and state the date and 5 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 Project as developed 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 (ii) Owner or its successor or assigns permanently ceases to develop the Project. (c) Termination by Town. In the event that Owner has not commenced construction of the Project 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] rei IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. APPROVED AS TO FOR % Attorney for Town of Fountain Hills Date: Li-14- 0 ATTEST: Town Clerk HALLCRAFT HOMES By: Its: TOWN OF FOUNTAIN HILLS, an Arizona wn By Its: 7 STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing document was acknowledged before me this day of 2001, by My commission expires: the of _, by and on behalf of the company. Notary Public M STATE OF ARIZONA ) ) ss. County of Maricopa ) The foregoing document was acknowledged before me this day of 2001, by =1� 6z"! ,� ��"r: =� ___ --the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, for and on behalf of said municipal corporation. Notary Public My co OFFICIAL SEAL 490.­ Nihim - Rtat, of EVELYN J. BENDER Arizona MARICOPA COUNTY My corn n. ey%;res Aug. 28, 200 11 [• EXHIBIT "A" PROPERTY DESCRIPTION DESERT VISTA PLACE CONDOMINIUMS A replat joining lots I through 6, Plat 302, Block 3, recorded in Book 156, Page 45 of Maricopa County Records Commencing at the intersection of Desert Vista and Saxon Drive, thence South 83 degrees 23 minutes 52 seconds East, along the monument line of Saxon Drive, a distance of 62.00 feet; thence departing said monument line South 06 degrees 36 minutes 08 seconds West, a distance of 30.00 feet to the POINT OF BEGINNING, said point also being a point on the South right-of-way line of Saxon Drive; thence continuing along said right-of-way line South 83 degrees 23 minutes 52 seconds East, a distance of 3 18. 00 feet; thence departing said right-of-way line South 06 degrees 36 minutes 08 seconds West, a distance of 368.23 feet; thence North 83 degrees 23 minutes 52 seconds West, a distance of 65.29 feet to a point of curve concave to the North having a radius of 620 00 feet and a central angle of 15 degrees 38 minutes 52 seconds; _ thence Westerly along said arc and the North right-of-way line of Sioux Drive a distance of 169.33 feet; thence North 67 degrees 45 minutes 00 seconds West, a distance of 118.70 feet to a point of curve concave to the Northeast and having a radius of 20.00 feet and a central angle of 87 degrees 01 minutes 15 seconds; thence departing said right-of-way Northwesterly along the arc a distance of 30.38 feet to a point of reverse curve concave to the West having a radius of 942.00 feet and a central angle of 12 degrees 40 minutes 07 seconds; thence Northerly along the are, a distance of 208.28 feet along the East right-of-way of Desert Vista; thence North 06 degrees 36 minutes 08 seconds East, a distance of 63.00 feet to a point of curve concave to the Southeast having a radius of 20 00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Northeasterly along the arc a distance of 31 42 feet to the POINT OF BEGINNING. Containing 121,184.03 square feet, more or less, subject to all existing easements. lon 21549 l)p�OR wNTGCMEF,Y 0 l I [x I Er 5/W AAw- A•90.Op' I l • )uY i PROPOS[D15' SO[WALP! I BCINCHNA9R T/BOEI A��A��^^,,•,�/SEC —Ink EL 1535.60-{�{ r �t PROPOSE) S/W RAWS AnNn e. ... •.•.I)M � EA WAIER VALVE IS C, IEPRESsa o /� FLAB I/7' REBAR- h PROPOSIy 5' SOEWAIA- � �•� rr l 1540 Er S/W Rw I Er WATER VA1WCT TMf NrDR"NT .;�' POUND NAl •/SMNFRJ Er SIREET/STCP SDI(- FWHJ 1/0" REBAP—� J i a 10 *_ A/ Io / / DRAMNL NOCS O).S' WR RAEL HEIGHT N STR *7 rA O7 CIAN O[NR6 03 for ORW OWEM' OI r VENT CIM ® O CAI b i Ip7Ep EXHIBIT BB" SITE PLAN 1/7- REPAR IS.1609E x R(G.'i7 F-*A °4t / 7 r/ SARVI A MWME n o / Aam uawcmm Or01DAonAn Awn A<a PLA1 NA rBLOCK'. m; 1 I� NORTH GRAPHIC SCALE ro aIn T1a -CT�WCR YAMIry.L AR1 L ISi9.w PTIOPOSiD 5$ W I,529 r u ISI0.9 ` NV EL;$I"' A-S WN EL S,9./1 W >{I t5A 1 CCM ,6' SERER FORCE YAM i 151i X IWI me— L-7 rKV LL 1520 fly R LU AA1TF 1516 u1T a Vrs Mrmo>m a[rnoNWrlr PROPM IN NCZ RARYER 'ET SERER YAWOLE CRY EL 1531.59 e Ill, SEVER FORCE YALV a uIX VI' «moNm Jr ru 01mFL AREA AAR RAE[ Ip qM RIE AD 10AX0 Si .-$ WR1S W GEARR INAN 15: M,N,A1 PARK R r IRI , ALLDFD l I1�H' %BE NO -aura IASEuIN'T 05 Fi NCE AIlwn) 4 P0'RER PCIE PUE PUS", Ulk'Tf EASEI-J DE ORAMAGE EASEUEiIi "DIE ALL DRIVEWAYS ARE LATER 10'. S(OPE NMI 1) OR 15 TW S THE IEg1T OF THE QLTTT:G BUILDING WALL PLW-. 040WVER IS THE m(EArEP. 1) BURIANG SEIBAIYS SHOW ARE FOR Y-T 1OnIG-SUB.(CT TO SUEDDIG HEIMT ALSG. S) TRASH CMICRON - PRIVATE •) EACH UNIT 70 HAVE ITS OWN WATER VETrR, EACH PYR OF UNITS NTH SAYE FINISHFLOOR ELEV TO NAIL A SEWER SERIACL 5) ENTRY / ET.T GATES ,I1TH ANOX OVER -ROE SMICH A OPTCM SEIISCRS t Lli�' f E EXHIBIT "C19 ALLEY ABANDONMENT 42'IpF NQ'23'52-OR W R=20 Go' L=31.42' L-3i.42' .. .. ...... ..... ... .. '3C'PUF & DE ... ............ ................ .............. . . . . . . . . . . . 42' RIGHT OF -WAY TO 42. 6=87'01'15* BE ABANDONED ........ ....... R=20 00' g: L=30 38' (N6,. 'L A=90'DD'O0:, R-20.00' L-31.42' N83*23'52"w -oeo.00 15 29' ,, . . . . . . . . . . . . . . . . . N83-, 50. DC Zu rac),F:t-rm GRAPHIC SCALE :,&.v ,, 31.42, r rN0636'08'E 20.00' VICINITY MAP ,.T-, IE 11 Section 2.02 Special Use Permits A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. B. General Regulations. 1. Zoning district regulations established elsewhere in this ordinance specify that certain buildings, structures and uses of land may be allowed by the Town Council as conditional uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. The Town Council is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon them. 2. Any building, structure or use existing on the effective date of this ordinance which is reclassified as a special use by this ordinance for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this ordinance, and its continuance shall not be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform to the requirements of this ordinance, it shall be considered nonconforming as described in section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto. 3. Every special use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this ordinance, shall become the responsibility of the property owner. C. Special Use Permit Application. Application for a use permit shall be filed with the Community Development Department on a form prescribed by the Community Development Director. The application shall be forwarded to the Planning and Zoning Commission by the Zoning Administrator, and when required by the Zoning Administrator, shall be accompanied by a detailed site plan prepared in accordance with Section 2.04 showing all information necessary to demonstrate that the Page 1 of 4 EXHIBIT B proposed use will comply with all special conditions as well as other regulations and requirements of this ordinance. An applicant shall furnish the Commission with any additional information it may consider relevant to investigation of the case. D. Commission Action and Findings. 1. It is the express intent of this ordinance that any use for which a special use permit is required shall be permitted in the particular zoning district, provided that all special conditions and requirements of this ordinance are met. Therefore, the action of the Commission shall be one of recommending approval or denial to the Town Council based upon its judgment as to whether the specified conditions have been or will be met. The Commission shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties. The Commission may make such suggestions to the Town Council concerning ways a proposed project may be acceptable and compatible to the area. 2. Notice of the nature of the special use permit application and the date of the meeting at which it will be considered shall be posted on the property and shall be mailed to the owners of all real property within three hundred (300) feet of the external boundaries of the property for which application is made. The applicant shall be responsible for providing the names and addresses of these owners. *' 3. The Commission shall consider the application at the first regular meeting after the proper advertising procedures and period have been completed. The Commission, at this regularly scheduled meeting, shall either (1) make a recommendation to the Town Council, or continue the matter to a specified date (but not longer than sixty (60) days from the date of the original hearing). Within sixty (60) days after the date of the original hearing, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the rationale for the recommendation. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial 4. It shall be the responsibility of the applicant to maintain the posting. The notice shall set forth the time and place of the hearing and include a general explanation of the matter to be considered and a general description of the area affected. Page 2 of 4 5. In order to recommend approval of any use permit, the findings of the ® Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the town. 6. The Commission may recommend to the Town Council such conditions in connection with the use permit as it deems appropriate to secure the intent and purposes of this ordinance and may recommend such guarantees and evidence that such conditions are being or will be followed. 7. If the Commission finds that the application and supporting data do not indicate that all applicable conditions and requirements of this ordinance will be met, it may recommend denial of the special use permit. The Commission recommendation shall be mailed to the applicant at the address shown on the application. 8. Upon conclusion of the Commission's hearing, the Commission's recommendation shall be forwarded to the Town Council along with the application materials, staff report, written comments from the public, and minutes of the hearing. E. Council Action and Findings. 1. When the Town Council receives a recommendation from the Planning and Zoning Commission concerning a Special Use Permit application, it shall hear the request at the scheduled date and time specified in accordance to the Arizona Open Meeting Law, but no later than the next regularly scheduled meeting held at least eight (8) days after the Commission recommendation is received. The Council may adopt the Commission's recommendation, approve the Special Use Permit request with the conditions it deems appropriate, or deny the Special Use Permit. 2. The Council's decision shall be final and shall become effective immediately. Notice of the decision shall forthwith be mailed to the applicant at the address shown in the application. *3 F. Time Limits. 1. The Council may establish a time limitation for special use permits. A building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be secured within six (6) months from the date of approval. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit Page 3 of 4 LN to become null and void. Prior to the termination of this time limit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request. 2. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (1) year from the date of denial of said use permit. G. Revocation. 1. Special use permits granted in accordance with the provisions of this ordinance may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting. 2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit. H. Fee. The application for a special use permit shall be accompanied by a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the office of the Town Clerk. No part of the filing fee shall be refundable. Payment of the filing fee shall be waived when the petitioner is the town, county, school district, state or federal government. Page 4 of 4 KM (';841i TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed r�q:lFee Paid ^w .� C K W Accepted B Trl ype of Special Use Requested W Address of Subject Property DF—SE-Q Zoning 7' vc s'T?4 Q,c.c va= C Legal Description: Plat ?d Z Block Lot(s) Applicant l f ff,�e vG M G Day Phone l-4A c_c.._ c A A Pr F}�G M ES Address ( G? L (. C . i�a v:. w /+v, 2. o / City ST Zi Owner �' 4?- p$ j'1f." C.t t' R—t, P 72-T� Day Phone �S Address( 9 3 o Cr . PA--k-( ,t A-OeJ «o city S� Z Zip a52 G �' Signature of Owner I HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 Notary Public My Commission Expires Submittal Requirements (attach additional sheets): 1. Mailing labels with names and addresses of all property owners within 300 feet of the external boundaries of the subject property. 2. 15 full size folded prints (preferably 24"X36") of the site plan showing minimum zoning requirements and the proposed development if the Special Use Permit is granted, as well as the exterior elevations. G713 1 8.5" X 11" photostatic reduction of each of the above referenced exhibits. 4. Describe the proposed use, the operations of the use, and the facilities proposed for the land use. 5. A narrative describing any adverse impact the proposed land use may have on the surrounding properties and on the neighborhood and what steps will be taken to avoid these adverse impacts. e Schedule Attached TT—FW,&se Number EXHIBIT C DESERT VISTA PLACE CONDOI\UNIUMS NARRATIVE Hallcraft Homes is proposing 21 residential multi -family units on 2.75 acres in a C-1 zoned area. The intended use will be a down -zone that provides a transition between the church to the north, the Town 302 Park to the west, a buffer tract to east adjacent to the Indian Reservation and the commercial area to the south. The southerly commercial area consists of a vacant body shop building, a storage yard and a school bus barn. This project is proposed to have a 6' high fence along the north, west and south sides. Traffic from 21 multi -family units will not increase traffic when compared to 6 commercial lots. TOWN OF FOUNTAIN WILL" AUG 0 2 2001 COMMUNITY DEV�. ;, , DEPARTNI Z .e NWi'lpSXl nra W Iau•ISO., 16jawo6)uowp :pow -a .,. 9999-LVU (090 •ol mi-Lt9 (O9Y) -: AM VNOZIHV 'S111H NIV1Nn03 - YOZ 31InS '3AV M3"8Vd '3 91491 .� '� - '3 '1N3w30YNYM ; pMItl�3NI0N3 ; _ we ecsi ��ex"..m 1Vld AMVNIM138d �niaa Vlsln .1a3S3Q VI 101 0311V1d3N 9 ndHl 15101 '£ A0018 'ZO£ 1Vld /1 14 i (, 1� O31ON SV' 1 IY210' ° "' LO-91-90 ° a HMV '° `a v »� YN I�prrrr°n i UN413lNON7 xn3nmiran v CAI b �a ' 10 H N Wu F a =X:js_ a 9 Lqp N F � N 3 I a -I I11sa: ' Ilrwr J� L Cu X �r c Q V w.. 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LLj �' It II II SI , yo_ _: � i•: �•iJ Lu :; IiYi� iitlEESila lii:iE:li�EE'ig I f•;iiF:`irii:i;;: iiiiiv z I i . o O, N r7 I•.• C.,.,.. �: �•.k N 3,80,9E 90N rrr!r4=, 8Z'80Z=j iiiiEiit<iE:EV OO;Z6g�_d V- a $e Rr 3c _ 3„90,9f.90N s g M I (D I< I rn N M `^ �• r•Mi c' w hIRF Or � / ' I.1ysa,i h a bo M oo �3 is✓s _ li,pyZ[,'D or l / of dlS�j f 6 'RYA •9S1 _..__ f CV a 1 nr r....n •1 rm �,.: nr rre w•:ure.ii+r �i: 4 • x 0 0 a w 14 ul n v o s / cello C� N11b V, IE F�4 ........... ... ..........O k-1U 1------- ..... ......... Ek- M%p A r El, A Eon IMPS 7=71. m ���18 -mull qW wan OW.", alm i` sss - a' T FOR Ll El A L� i 101 v' 4 •• • m MEMORANDUM TO: Honorable Mayor and Town Council FROM: William E. Farrell, Town Attorney/Acting Town Manage RE: Employee Health Insurance Renewal DATE: December 4, 2001 The Town of Fountain Hills offers its employees health insurance coverage as part of a comprehensive benefit package. Currently the benefit provides for coverage to all full-time employees at no cost to the employee through an HMO plan with Mayo Clinic. If the employee has dependents the Town also pays for one-half the difference in premium between the single coverage and the dependent coverage. The Town solicits proposals each November from other medical insurance providers for a policy renewal of January. Mayo Clinic has been the medical insurance provider for the Town since January, 1998. During the prior 3 years the annual premium increase has averaged 10.5%. However, in November, when the insurance bids were received, the Mayo Clinic HMO and one other provider were the only carriers that submitted a proposal. Mayo Clinic's proposal was the lowest bidder with a rate increase of 77%. The explanation that was presented for the no bids and the rate increase was the Town's claim history. The Town staff met with Mayo Clinic and requested a thorough review of the justification for the rate increase, which did result in a minor adjustment downward. However, Mayo Clinic also offered that there might be the opportunity for a decrease at the next renewal and almost assured the Town that there would not be another increase. During the fiscal year 2001-2002 budget preparations the increase for health insurance premiums was forecast to be 20%, which would bring the annual premium to $332,120. However, the actual rate increase presented is 77%; therefore, the new premium amount will be $418,050. I intend to fund the unbudgeted increase of $85,930 through line item cuts in each department. If it appears that the cuts will be insufficient I will come back to the council for additional budget authorization. However, while the impact of the increase to the Town is significant, it is proportionately ,. higher for the individual employees who pay for dependent coverage. Even with the Town contribution most employees' payroll deductions will be doubled to cover the cost of their premiums. The additional cost to the employees is approximately $9,665 per month. The increase in premiums was discussed with the staff at the staff support meeting held on Tuesday, November 27"'. The meeting was attended by approximately 70 of the 90 affected employees. By a show of hands the majority of employees voted to maintain the same level of coverage despite the increase. Staff will continue to explore alternative options to employee health insurance prior to next year's renewal. However, the renewal for calendar year 2002 with the Mayo Health Plan is presented for discussion by the Council. 3f Construction Status Report 11-28-01.doc Page 1 of 2 Chron 278 40 O��TAIN w _Q Fs,: 1959 that is is TO: Honorable Mayor and Co c'1 FROM: Randy L. HarrelR DATE: November 28, 2001 Town of FOUNTAIN HILLS Engineering Department MEMORANDUM ki RE: Status Report "Target" and "Fry's" Construction Because of their large size and high visibility, Staff wanted to provide the Council with this status update regarding the Target and Fry's shopping center construction work. FOUR PEAKS PLAZA (Target) Plans: All site work and off -site work civil plans have been approved and most have been permitted. The building plans have not yet been approved, but the Target store and some of the smaller stores (Famous Footwear, Pier One, and Sleep America, etc) are very close to permit issuance. Construction: Most of the major earthwork for the site has been completed, and the Cereus Wash channel has been excavated. Concrete box culverts are underway along Cereus Wash at Technology Drive (where the concrete walls and top slab are being placed), and at the west driveway onto Shea Blvd (where the concrete floor slab has been placed). Underground utility construction —including effluent lines and storm drains —is underway. The outside eastbound lane on Shea Blvd is currently closed at the project site. Much of Laser Drive has earthwork built up along its north side, providing some noise buffering for properties to the south. EAGLE MOUNTAIN VILLAGE MARKET (Fry's) Plans: Nearly all of the site work plans have been approved and permitted. The building permit for Fry's has been issued. (Shops A, B, and C are also nearing plan approval.) Construction Status Report 11-28-Ol.doc Page 2 of 2 Chron 278 Construction: Most of the excess dirt on -site has been hauled off. Most of the building and parking lot areas have been built to grade. Storm drain pipe work and the Fry's concrete building footings and masonry wall construction are underway. There are currently unexcavated earth "berms" at most of the south edge of the project site, providing some noise buffering for the Eagle Mountain neighborhood. There is currently no lane closure on either Shea Blvd or Eagle Mountain Parkway, and the Shea/Eagle Mountain Parkway traffic signal has been returned to fully actuated operation (instead of police officer control). M Overview of Fire Protection and Emergency Medical Services Prepared for: The Town of Fountain Hills j Security Title Agency RTE Consulting Inc. 8912 E. Pinnacle Peak Rd. Suite 643 Scottsdale, AZ 85255 RTE INC. William Farrell Acting City Manager Fountain Hills AZ. Dear Bill, December 3,2001 RTE Consulting Inc. conducted a basic overview of the Fire and Emergency Services of the Town of Fountain Hills Arizona to provide the Mayor and town council with information to make a more informed decision on matters concerning these services. I had the opportunity to talk with management of Rural/Metro Corporation who provide the services to the town. I also interviewed the Chief of the operation, toured the fire stations within the Town of Fountain Hills to have a hands on review of personnel and equipment. Tert aT.Edw fin ings. ards President RTE Consulting Inc. Fire Protection Rural/Metro Corporation, a private emergency service corporation based in Scottsdale Arizona, has provided fire protection to the town of Fountain Hills for 20+ years. This contract first signed by the Fountain Hills Fire District a legally constituted body within the State of Arizona. With the ruling by the Maricopa County Attorney's Office, the Town of Fountain Hills needs to review and amend any contract or agreement signed by the Fire District to ensure compliance with town laws and update contract or agreements where necessary. A group known as the Insurance Services Office (ISO) rates fire departments in the United States as to their ability to perform their job. Insurance companies wanting to provide a professional evaluation of the fire departments in the United States formed ISO. Engineers employed by ISO review the fire department and rate them on a scale from 1-10 with one being the best. A majority of insurance carriers base their rates for a city or town on that city or town's rating by ISO. A rating review by ISO engineers review the following areas: Fire Department 1. Fire apparatus responding to calls 2. Manpower on duty 3. Response times to calls 4. Training of personnel 5. Fire prevention b. Record keeping 7. Fire station locations 8. Reserve manpower (call in) 9. Automatic or mutual aid response Town Water Supply 1. Hydrant placement 2. Fire flow to both residential and commercial properties 3. Water storage capacity Town code enforcement 1. Adopted fire codes 2. Adopted building codes 3. Record keeping Communication System 1. Full coverage of fire department response areas 2. Tape recording of all phone calls and radio transmissions 3. Adequate number of call takers and dispatchers 4. Adequate number of dispatch and tactical (fire ground) Channels 5. Redundant radio and power systems By contract, Rural/Metro's communication center provides this service to the Town of Fountain Hills. Town of Fountain Hills ISO Rating The Town of Fountain Hills enjoys an ISO rating of Four' 4". Compared to the City of Scottsdale's ISO rating of three "3". It should be pointed out that ISO rates a Fire Department and all related services every 10 years. The Town of Fountain Hills is due a review in 12 to 18 months. Due to the growth of the town a full review should begin in the near future by personnel trained in the use of the ISO rating schedule. Emergency Response Fountain Hills Fire Department responds from two stations numbers 822 and 823. The contract requires that all emergency responses be within 5 to 8 minutes or less 90% of the time. This requirement if not met requires an exception report to the contracting authority for review. The growth in Fountain Hills will require a third fire station in the near future. Rural/Metro ran a Fire Router program a number of years ago and most likely has an updated version. This program locates the ten best locations for a new station using existing data. NFPA #1710 (Firefighter Safety) Safety being paramount in the fire service a standard has been developed by The National Fire Protection Association known as NFPA —1710. This standard deals with the requirement to have 4 trained firefighters on the scene of a structure fire prior to entry. Appendix "A" is a copy of the proposed manning for Fountain Hills Fire Department in response to this standard. (The one exception to this standard is if someone is trapped in the structure). Fire Prevention Fountain Hills benefits from a strong fire prevention program and the adoption of the sprinkler ordinance modeled after the ordinance designed and adopted by the City of Scottsdale in 1984. Personnel A review of the management and firefighters assigned to Fountain Hills revealed a good group of dedicated professionals ready and willing to continue to serve the citizens of the Town of Fountain Hills, Arizona. Reserve Firefighters The fire department has historically had problems recruiting and retaining a quality group of young men and women who live within the town limits. This is basically because of the size of the town and the interest of the citizens. Due to the events of September 11, 2001 a renewed interest may have developed in the younger group of men and women who have moved to Fountain Hills. Chief Scott LaGreca has developed a program modeled after the system used in the City of Scottsdale for the past 40+ years. A copy of this program called "Resource Specialist Program" is in Appendix `B". Fire Apparatus Front line fire apparatus used in town was reviewed with the following comments: 1. Station #822 front line engine is not able to traverse the hills at speeds greater than 15 miles per hour. Maintenance is high due to the age of the engine and engine down time places an older reserve engine in service. 2. Station #823 has a new front line engine with the power to transverse all hills with in the town. 3. There appears to be a number of vehicle construction projects going on at station #823. This could be penny wise and dollar foolish if this work is not being done buy certified fire mechanics. This type of construction could also have a direct effect on the Town of Fountain hills insurance rates. Fountain Hills Fire District members purchased a number of vehicles for the fire department prior to the County Attorney's ruling. The following is a list of most of those vehicles. 1. New chiefs vehicle 2. New ambulance 3. New cab and chassis for brush truck 4. New cab and chassis for utility truck All of these vehicles put to proper use will be an asset to the town and the fire department. Appendix "C" contains pictures of most apparatus used by the fire department. Emeraency Medical Service The Department of Health Services of the State of Arizona have direct over site of all ambulance operations in the State of Arizona. Reports are required to be sent to their office on monthly bases. All complaints are investigated and if found to be a severe nature, the company could lose its Certificate of Necessity. Most citizens are under the misconception that until the ambulance arrives on the scene of a medical emergency that care is not being administered. The key to good emergency medical service is to have certified paramedics on both first due engine companies and ambulance transport units. This allows the first paramedic on the scene to start advanced life support. This type of paramedic deployment is used in the Town of Fountain Hills. Fountain Hills Fire Department operates with one paramedic ambulance backed up by units responding into the town out of North Scottsdale. A good use for the new ambulance would be to share costs with the City of Scottsdale and Rural/Metro and have the unit manned with paramedics stationed at the fire station located at 132nd St. and Via Linda. With this addition to the system a second transport unit would be most likely closer to the town with a shorter response time. APPENDIX A PROPOSED NFPA 1710 RESPONSE FOR FOUNTAIN HILLE RURAL/METRO COMMERCIAL OR RESIDENTIAL ENG. 822/UTILITY 822 3 RESCUE 822 2 ENG. 823 2 DFM. 823 1 ENG. 815 3 DIST. 822 1 TOTAL 12 DIST. 823 (BN 14) 1 TOTAL 13 MOVE -UP UNITS TRUCK 819 3 RESCUE 819 2 GRAND TOTAL 18 CONFIRMED OR 2N3 ALARM TRUCK 819 3 RESCUE 819 2 BN. 14 (BN10) 1 MOVE -UP UNITS ENGINE CO. 3 RESCUE CO. 2 (1 CAPT, 2 FF/CEP) (1 FF/CEP, 1 FF) (1 CAPT, 1 FF/CEP) (1 CAPT, 2 FF/CEP) (MON THRU FRI, 0700 TO 1700) TO STATION 2 TO STATION 1 TO FIRE SCENE (RESCUE SECTOR) TO FIRE SCENE (MEDICAL SECT.) TO FIRE SCENE (SECTOR COMM.) TO STATION 2 TO STATION 1 APPENDIX B •,v, ., ,� „",.�+ „ — . ..11 .........., .-w nNf 10 tili 11 •JJ f". li I/ Vf ORPFS FOUNTAIN HILLS FIRE DEPT. RESOURCE SPECIALIST PROGRAM FOUNTAIN HILLS FIRE DEPARTMENT COMMUNITY RESOURCE SPECIALIST PROGRAM Purpose: To supplement the Fountain Hills Fire Department during fire and medical incidents and departmental activities. To allow the Fountain Hills Fire Department to utilize employees of different government agencies or buisnesses who may have interest in assisting Fire Department staff during emergency situations in the Town of Fountain Hills. Job description: Would assist on scene as a support function of - *Assist with scene boundaries,evacuation, and keeping scene clear and safe. *Utility Truck Operations -including scene lighting, air bottle exchange and filling. *Resource assistance on scene. *Salvage and Overhaul operations when atmospheres are safe for entry. *Assistance with getting units and equipment available for service. *Assuring Landing Zone Safety. *Medical Support during large scale medical emergencies. *Wildfire support of keeping citizens clear of fire area and resource assistance on large scale willand incidents. Who: Employees such as - *Town of Fountain Hills *Sanitary District. *Parks and Recreation. *Water Company employees. Hiring and selection process: Specialist will be hired as Fountain Hills Fire Department Employees. A interview process with Fire Department personnel would take place to assure applicants commitment and understanding of program. Members will need to complete a basic skills evaluation of job like duties. We ask for a one year commitment by members to the Resource Specialist Program. .. Phvsical Skills Evaluation: Members must be assured that they are able to complete job related task under adverse conditions. There will be a skills evaluation testing consisting of the following: * 1.5 mile walk/run under 18:00 minutes *Lift 100ft. section of 1.5" hose line in salvage bucket 50ft. *Roll 100ft. section of 2.5" hose and carry 50ft. *Carry 100ft. of 4" supply hose 100ft. There is no time limit for this test except the 1.5 mile walk all skills well be done in succession. Personnel will be observed for proper lifting techniques and any problems they may have with the above evolution's. Training: Would consist of 80 hours of initial training, with instruction areas that include - *Fire Department Dynamics *Fire Department Policies and Procedures *Tools/Equipment *Salvage and Overhaul operations *Utility Truck Operations *On Scene Resource Officer *Hose Rolls and Loads *Helicopter L/Z Safety *CPR Certification/Infection Control *Radio Communications * Wildland scene support. Uniform: Crews would be dressed in a royal blue shirt with Billboard on back "Fountain Hills Fire Department Resource Specialist". Shirt would have Fountain Hills Maltese on front with name of member. Crews would wear blue duty pants with belt and steel toe boots. Crews would be given Nomex Flash Protection with helmet for incidents that may require such protection. Response: Our target is to improve our response during the Monday -Friday 8-5 work week hours, these are times when majority of our reserve force are unavailable due to there own work hours. Members would be alerted by alpha pager and respond to the scene and be given their assignments. Depending on group size, shifts would be organized to assure a certain level of response while assuring Town Departments would not be depleted of employees during such call outs. Crews would be separated as follows to assure no one city department would lose a large number of personnel at one time: *Crew A- 1Town, 1 Parks,and 1 Sanitary personnel. *Crew B- 1 Town, 1 Water, and 1 Parks personnel. *Crew C- 1 Town, 1 Water, and 1 Sanitary personnel. Each crew would be responsible for a different call out week on a three week rotation, after which the rotation would start again. EX. *Crew A week one. *Crew B week two. *Crew C week three Crews would be released back to their normal job functions by Incident Command, generally we can expect 5-10 call outs per year. Liaison: We will select a Liaison to assure good communications between different town entities and fire department personnel. This person would be able to help with the dynamic changes that may occur throughout the resource specialist program. This person well be selected by an interest basis preferably from one of the responsible entities. POTENTIAL QUESTIONS ABOUT RESOURCE SPECIALIST PROGRAM How can I be assured I wont lose all my employees at one time during a call out? Members would be divided into three crews, each crew would consist of members from different Town entities to assure smooth transition for their employers and assurance as to not lose many work force members at once. How often will my employees be utilized? There are no ways to predict how many incidents that we may experience in a years time. In reviewing of past history we predict members could be utilized 5-10 times a year. It is important to remember that one specific crew may be called many times while a different crew may be used sparingly depending on who has call out during the specific incident. Crews will be released by the Incident Commander as they deem necessary as quickly as possible to resume their normal duties. If my employee is injured while performing specialist duties who is liable? We feel that it is imperative that those members be covered fully when responding to a request from the Fire Department for assistance. All members can be assured by the Fountain Hills Fire District that they will be compensated fully in an unfortunate event of injury. Is there compensation? Members will receive an hourly rate for training of $6.50 per hour, compensation during their response times well meet what they are currently receiving for their normal work duties. Any response they may go past their normal working hours well be compensated at the training hourly rate. rij.n lQ VV 11 •U::) r. VV/ Vf INSTRUCTORS CAPT. ERIC KRIWER FF. BRYAN GOLDEN SCHEDULE 837-9820 817-0838 837-9820 817-0833 SATURDAYS 8:00 AM TO 5:00 PM WEDNESDAY 6:00 PM TO 9:00 PM (MAKE-UP NIGHTS) LOCATION FOUNTAIN HILLS FIRE DEPARTMENT TRAINING ROOM TEXT IFSTA ESSENTIALS FOURTH EDITION OTHER MATERIALS NOTE TAKING MATERIALS, FOLDER FOR MISCELLANEOUS HANDOUTS DISTRIBUTED IN CLASS. COURSE DESCRIPTION ACTIONS NECESSARY TO SUPPORT SUPPRESSION ACTIVITIES, EMS INCIDENTS, AND ALL OTHER EMERGENCY SITUATIONS THAT FIRE DEPARTMENT PERSONNEL RESPOND TO. COURSE OBJECTIVES * DESCRIBE THE RESPONSIBILITIES OF PERSONNEL OPERATING ON THE FIRE GROUND RELATING TO FIRE DEPT. SAFETY. * EXPLAIN AND DEMONSTRATE HOW TO USE VARIOUS TOOLS .AND EQUIP. * DESCRIBE THE RESPONSIBILITIES OF THE FIRE GROUND RESOURCE OFFICER. * DEMONSTRATE THE ABILITY TO ILLUMINATE THE EMERGENCY SCENE, GIVEN FIRE DEPARTMENT ELECTRICAL EQUIPMENT. " DESCRIBE INHERENT HAZARDS RELATED TO ELECTRICITY * DEMONSTRATE PROPER DEPARTMENTAL RADIO PROCEDURES AND ETIQUETTE. — . '" —w- T L� 1 an •VVL V1JI &" -4- d nNi Lo VU 11 .Ub 7. ul � Ur DEMONSTRATE ABILITIES TO CLUSTER FURNITURE, DEPLOY SALVAGE COVERS, CLEAN, ROLL, AND FOLD FOR REUSE. * DEMONSTRATE VARIOUS HOSE LOADS, AND ROLLS. * DESCRIBE FIRE DEPARTMENT POLICIES AND PROCEDURES. * DESCRIBE PROPER TRAFFIC CONTROL PROCEDURES, AND SAFETY PRECAUTIONS. L1n•vVGVv, I""V PINT 1G VV 11:Q:) r. VJ/lei FOUNTAIN HILLS FIRE DEPARTMENT COMMUNITY RESOURCE SPECIALIST PROGRAM RESOURCE SPECIALIST 80 HOUR ACADEMY CLASS SESSION / DATE TOPICS / CE[ApTERS # 1 INTRODUCTION COURSE DESCRIPTION -OUTLINE -SCHEDULES FIRE DEPARTMENT DYNAMICS FIRE DEPARTMENT POLICIES & PROCEDURES FIRE GROUND SAFETY CHAPTER I (IFSTA) # 2 FIRE GROUND SAFETY CHAPTER 1 (IFSTA) FIRE DEPARTMENT TOOLS AND EQUIPMENT CHAPTER 8 (IFSTA) # 3 UTILITY TRUCK OPERATIONS FIRE GROUND RESOURCE OFFICER SALVAGE AND OVERHAUL CHAPTER 16 (IFSTA) HOSE LOADS AND ROLLS CHAPTER 12 (IFSTA) # 5 WATER SUPPLY AND HYDRANT HOOK-UPS CHAPTER 11 (IFSTA) HAZARDS OF ELECTRICITY AND SECURING UTILITIES ON THE FIRE GROUND CHAPTER 14 # 6 TRAFFIC CONTROL AND SCENE SAFETY HELICOPTER SAFETY AND LANDING ZONES # 7 RADIO COMMUNICATIONS CHAPTER 18 (IFSTA) FIRE DEPARTMENT TERMINOLOGY 48 CPR CERTIFICATIONS, INFECTION CONTROL, BASIC FIRST AID. # 9 PRACTICALS AND REVIEW FOR FINAL # 10 FINALS AND GRADUATION "NOTE: COURSE CONTENT MAY VARY FROM THE OUTLINE TO MEET THE NEEDS OF THIS PARTICULAR GROUP. i IL i i\u tt LJ F aA • Quzoo r 1".40 Hpr its , uu 11:04 P. W/W Stakn 22 RurallMetro Corporation Fountain Hills Fire Department Resource Specialist Academy Wednesday, Mach 29, 2DOO July 2000 L_ I I 1 -- -- I , i 1-2 1--_ 3 I_ -- --= 4----,-�— i I I i i ! Introduction Fire Dept.Dynwics i Policies a i Procedures i Fire Grand Usty ---- Ch.1 — —-_ ,....,._ —�-11 I��----- ! 141---- 1 S 91— _ 101 I 12 _.........__ I I i Fire Groin Safety Ch i ?" / 0 Tools & Equip I 90 I 04 l IDID Utility Tnick Ops 1 R i .17 I Fire Ground I i Pmource { I _ 231 I 27; 281 29 I I I Salvage & Overhaul Ch 16 Ch 12 iHose 3-11 I I I i i 1 ` i I � rCA•OVLOJ(1"40 MNr io UU 11:Ut r.Uu/Ur RVRrIL I'IL 1 RU Tf LJ Steon 22 RurAWIro Corporation Wednesday, March 29, 2000 I Water Supply Ch 11 IElec Wcal Hazards i I Ch14 91 1 Traffic Control & I j Scene Safety Helicopter Safety '7---1- 1 S ----'--- }-- 1 Q ! 171 i 1 e I - 19 1 Radio i f I E Communications Ch i { ! lie Fire Department Terminology 21 I I 1 Cpr Can 1 Renew to finals i i ----j-j2:7j 20 29�---7=30 31 Finals & Graduation f i 1 i { I I I -1 I � RVItfIL I IL- i r[U " LJ r dX • ouzo,') f 144o HPr 1r5 UU 11:04 r'. ULiU( fOuNT19IN fi111zI.�S f1 I�,e Vepqll`�,TMeNT f_;r�MWtNITV R_sSPedCl`fl�l�T M1MION STI9TeMeNT The Fountain Bills Fire Support Program protects life, property, health, and the environment of our town by delivering quality Fire and Life Safety Services. To support our mission, we: ■ Work aggressively to support suppression, EMS, wildland and all other emergency situations that Fire Department personnel respond to. • Prepare to respond promptly to calls for emergency assistance in an efficient and effective manner. • Ensure that our motions are efficient, professional, and in harmony with the needs of our customers we serve. Promote, encourage, and require that safety be a primary element of all department operations. ■ Seek and attend quality fire service training and professional development. • Promote a level of personal physical fitness that will reduce injuries and enhance the members quality of life. • Seek to provide other community services within the scope of our mission. Each individual: • Participates with a high standard of initiative, cooperation, and dedication for the accomplishment of the Fire Department Mission. • Is recognized as a valuable member of the Department. ■ is treated ethically and is provided with proper training, equipment, support, safety, and opportunity. Each individual is accountable to others in the Department, the town organization, and the public for a high level of performance and dedication to service_ �DLN7:If ILOS WAIVER OF LIABILITY FOR RURAL/METRO FIRE DEPARTMENT AND FOUNTAIN HILLS FIRE DISTRICT on behalf of myself, my heirs and assigns, hereby absolve and hold blameless Rural/Metro Corporation, their subsidiaries, divisions, officers, stockholders, successors and assigns, or the Fountain Hills Fire District now and in the future, for any injuries I may incur in taking the Physical Fitness Test. Signature Please Print Name Date APPENDIX C 1' r WL L- �a r �w ryr= :� ► I VA ENG�82 .;r c 'f LEARN NOT TO BURN" - _' i! Ambulance Edith House Station 823 New r uel Station(N of in use)