HomeMy WebLinkAbout2001.1220.TCREM.Packet0�11'N�1 NOTICE OF REGULAR
AND EXECUTIVE SESSION
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OF THE
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FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Councilman McNeill
Councilman Wyman
Councilwoman Fraverd
Councilwoman Hutcheson
Vice Mayor Kavanagh
Councilwoman Ralphe
WHEN: THURSDAY, DECEMBER 20, 2001
TIME: 5:30 P.M. (The Council will meet in executive session from 5:30
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
It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere
e following rules of order if you wish to speak:
All citizens wishing to speak must first be recognized by the Mayor.
2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had
adequate opportunity to discuss the item.
3.) Please stand, approach the microphone and state your name and address after being called on to speak.
4.) All comments must be directed to the Mayor.
5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM.
6.) Statements should not be repetitive.
7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting.
• CALL TO ORDER — Mayor Morgan
• ROLL CALL
1.) Pursuant to A.R.S. 38431.03.A.1, A.R.S. §38431.03.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 and 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.
2.) RETURN TO REGULAR SESSION
Town of Fountain Hills Page 1 of 2 Last printed 12/18/01 5:16 PM
• CALL TO ORDER AND PLEDGE TO THE FLAG — Mayor Morgan
• INVOCATION — Pastor Don Lawrence, Christ's Church of Fountain Hills
• 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 December 4 and 10, 2001.
*2.) Consideration of EXTENDING THE TERMS of three members of the Community Center Advisory
Commission to December 31, 2003.
*3.) Consideration of APPROVING A COST SHARING with the Fountain Hills Sanitary District for asphalt,
concrete, and drainage work at the Saguaro Boulevard frontage road near Malta Drive, and for a change order to
the Annual Asphalt Contract.
*4.) Consideration of a DENIAL OF CLAIM submitted by Kenneth Countryman.
5.) Consideration of APPOINTING one citizen to serve on the Planning and Zoning Commission to fill the
vacancy created by a commissioner's resignation.
6.) Consideration of a REQUEST SUBMITTED BY Another Point of View Gallery, St. Dominics Food Bank, and
Victoria Properties to place a live tree in Fountain Park.
7.) Consideration of OPTION AND SITE LEASE AGREEMENT with AT&T Wireless Services, L.L.C. for
installation of a wireless communication facility on Town property at Four Peaks Neighborhood Park.
8.) Consideration of ESTABLISHING A SPECIAL COMMITTEE OF THE COUNCIL to examine the plan
review process and the areas of the subdivision ordinance and zoning code that are currently causing
interpretation problems and/or bottlenecks in the flow of permit approval and recommend procedural changes to
deal with the issues that are identified.
9.) 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.
10.) ADJOURNMENT.
DATED this 18`h day of December, 2001 �4�- �z
Cassie B. Hansen, Director of Administration/Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with
disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the
meeting to request a reasonable accommodation to participate in this meeting or to obtain
agenda information in large print format.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
Town of Fountain Hills Page 2 of 2 Last printed 12/18/01 5:16 PM
s Town of FOUNTAIN HILLS
fsT�9s4 Community Center
•9��that is At�ti°ca
MEMORANDUM
DATE: December 13, 2001
TO: The Honorable Mayo;and ncil
FROM: James B. Willers, Counit enter Director
THROUGH: William E. Farrell, Acting Town Manager
SUBJECT: Reappointments to the Community Center Advisory
Commission
On November 2, 2000 The Town Council established the Fountain Hills
Community Center Advisory Commission per Resolution 2000-49. The
Commission was to be composed of seven Fountain Hills' residents who were
registered voters. In the Resolution under Section 2 Membership, Item A, it
states "... Initial appointments will be for three members with terms beginning on
January 1, 2001 and expiring on December 31, 2001 and four members with
terms beginning January 1, 2001 and expiring on January 31, 2002. Thereafter
all members will be appointed for two year terms."
On December 31, 2001, three members of the Advisory Commission will have
their one-year term expire: Peg Tibbetts, Barbara Patterson and Bill Muelhauser.
Each of the outgoing Commission members has indicated a very strong
willingness to serve for another term. With the facility opening on September
29th, they would like to be more involved during the times the facility is operating.
Section 5, Removal from Office; Filling of Vacancies Item B states, in part, "Any
vacancies in the Community Center Advisory Committee, from whatever cause
arising, shall be filled by appointment by the Mayor and the Council... "
It is the unanimous recommendation of the four remaining Advisory Commission
members and the Community Center Director the Town Council favorably
considers reappointing Peg Tibbetts, Barbara Patterson and Bill Muelhauser
each to an additional two-year term as a member of the Fountain Hills
Community Center Advisory Commission effective January 1, 2002.
13001 N. La Montana Dr. - Fountain Hills, Arizona 85269 - (480) 816-5200 - FAX: (480) 837-4452
FHSD Saguaro & Malta Pump Station.doc Page 1 of 2 Chron 296
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TO: Honorable Mayor and Coun '1
FROM: Randy Harrel '
THROUGH: William E. Farrell
DATE: December 14, 2001
Town of FOUNTAIN HILLS
Engineering Department
RE: Sanitary District Pump Station
Saguaro Boulevard and Malta Drive
MEMORANDUM
Ron Huber and Mike Thompson have advised us that they are continuing to have drainage problems at their
PUMP station on the east side Saguaro Blvd frontage road just north of Malta Drive (in Plat 302, Parcel A).
The Town has previously prepared construction drawings (dated 12/11/00) to extend the double 48" culvert,
kw which cross Saguaro Blvd; construct and connect a new catch basin on the frontage road into them; and to
construct the adjacent frontage road asphalt and concrete. We received a quote from Markham Contracting
(dated 7/1/01) to perform this work under their Annual Concrete Contract and Annual Asphalt Contract
(which includes pipe work) with the Town. Town and Sanitary District staff have proposed the following
cost split.
Responsibilit. Town Sanitary District
Work: Reconstruct frontage road Extend double 48" CMP culvert
(concrete and asphalt) Fill area
Drain frontage road (catch basin
and 24" pipe)
Contract Bid Work Items Proposal Items Bid Work Items Proposal Items
Concrete $ 4,121.90 $ 1,646.25 $ 5,000
Asphalt 13,669.68 6,057.85 12,243.00 18,039.00
Total (Town/FHSD) $23,849.43 $36,928.25
Total Work Orders $60,777.68
Last spring, the Town Manager had requested that this (and several other) project, which were then not
immediately ready for construction, not be included in the annual budget, but be brought individually for
Council authorization of funding.
Additionally, the Town Attorney will need to determine if Council action is also required to authorize the
Annual Asphalt Contract change order amount (Town $6,057.80 and FHSD $18,039 = $24,096.80) for those
work items not included in the original Annual Asphalt Contract bid. (The Annual Concrete Contract change
order amount of $5,000 is within the Town Manager's signature authority.)
FHSD Saguaro & Malta Pump Station.doc Page 2 of 2 Chron 296
ce We advised Ron Huber of the Town's current tight cash situation. He offered to propose to the Sanitary
District Board that they "front-end" the full project cost, with reimbursement from the Town next fiscal year
(late summer). Engineering Department staff agreed to bring this proposal for consideration.
If approved by the Town Council and the Sanitary District Board, this project would be constructed by
Markham Contracting, under our Annual Concrete and Asphalt Contracts, with a reimbursement from the
Sanitary District.
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Law Offices of
William E. Farrell, P.L.L.C.
Tel (480) 837-5750
Fax (480) 837-5805
E-mail billfattellna Qwest.net
TO: Mayor and Council
Town Clerk
FROM: William E. Farrel,
Town Attorney
DATE: December 20, 2001
William E. Farrell
STAFF REPORT
RE: Amended Claim
Fountain Hills Fire Department Employees
A.R.S. § 12-821.01
Building A.
16838 E. Palisades Blvd.
Fountain Hills, AZ 85268
The Mayor has been served with two claims, one dated November 13th, 2001 and an amended notice
December 3rd, 2001 on behalf of 43 named individuals who are represented by attorney Kenneth S.
Countryman. These 43 individuals claim in their letter that the Town of Fountain Hills may be
liable to the 43 individuals for breach of contracts; breach of duty of good faith and fair dealing;
wrongful termination; nonpayment of wages and benefits; negligent infliction of emotional distress;
open meeting law violation; conflicts of interest and illegal actions. The original letter ofNovember
13"' asked for $4,567.000 and the amended class and individual notice of claim asked for
$20,000,000.
A state statute, A.R.S. § 12-821.01 requires that any person who has a claim against a public entity
or a public employee shall file the claim with the person or persons authorized to accept service for
the public entity or public employees as set forth in the Arizona Rules of Civil Procedure within 180
days after the cause of action accrues. The statute goes on in paragraph (E) to say a claim against
a public entity or public employee filed pursuant to this section is deemed denied sixty days after
the filing of the claim unless the claimant is advised of the denial in writing before the expiration
of sixty days. I have received a letter from Mr. Countryman asking that we consider advancing that
sixty days period so that he can prepare, file and serve upon the Town his lawsuit.
I have conferred with out outside counsel and I have investigated the claim myself and it is my
recommendation that we provide Mr. Countryman with his wish and that you authorize the sending
of the attached letter denying the claim and waiving the time defense available to the Town of sixty
days from November 13th, 2001.
Staff Report
Re: Amended Claim
Fountain Hills Fire Department Employees
A.R.S. § 12-821.01
December 20, 2001
Page 2
As always I would be more than happy to answer any questions you might have regarding
this matter.
LZ:\WPDATA\FMClaimStaffReportMEM.wpd
Law Offices of
William E. Farrell, P.L.L.C.
Tel (480) 837-5750 William E. Farrell Building A.
Fax (480) 837-5805 16838 E. Palisades Blvd.
E-mail billfarrell0kiwest.net Fountain Hills, AZ 85268
December 20, 2001
Mr. Kenneth S. Countryman
1700 N Seventh St Suite 3
Phoenix AZ 85006-2230
Re: Claim Letters Against the Town of Fountain Hills
Dated November 13th and December 3rd, 2001
Dear Mr. Countryman:
This letter will inform you that the Town of Fountain Hills denies your claims as set forth
in the letters of November 13th and December 3rd, 2001. This denial is pursuant to A.R.S. § 12-
821.01.E. and you may be assured that the Town will not raise the sixty day requirement in
connection with any litigation you file against the Town that comports with the eight causes of
actions outlined on pages 2 and 3 of your December 3rd, 2001 letter.
Yours truly,
William E. Farrell
Town Attorney
Town of Fountain Hills
Z:\WPDATA\FH\LITIGATEWCTIVE\Hoffman v. Town\KCountrymanDmftDenialLTR.wpd
12-821.01 - Authorization of claim against public entity or public employee Page 1 of 1
12-821.01. Authorization of claim against public -entity or public_ employee
,rsons who have claims against a public entity or a public employee shall file claims with the person or persons
a rized to accept service for the public entity or public employee as set forth in the Arizona rules of civil procedure
within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the
public entity or public employee to understand the basis upon which liability is claimed. The claim shall also contain a
specific amount for which the claim can be settled and the facts supporting that amount. Any claim which is not filed
within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
B. For purposes of this section, a cause of action accrues when the damaged party realizes he or she has been damaged
and knows or reasonably should know the cause, source, act, event, instrumentality or condition which caused or
contributed to the damage.
C. Notwithstanding subsection A, any claim which must be submitted to a binding or nonbinding dispute resolution
process or an administrative claims process or review process pursuant to a statute, ordinance, resolution, administrative
or governmental rule or regulation, or contractual term shall not accrue for the purposes of this section until all such
procedures, processes or remedies have been exhausted. The time in which to give notice of a potential claim and to sue
on the claim shall run from the date on which a final decision or notice of disposition is issued in an alternative dispute
resolution procedure, administrative claim or review process. This provision shall not be construed to prevent the parties
to any contract from agreeing to extend the time for filing such notice of claim.
D. Notwithstanding subsection A, a minor or an insane or incompetent person may file a claim within one hundred eighty
days after the disability ceases.
E. A claim against a public entity or public employee filed pursuant to this section is deemed denied sixty days after the
fib"` ,of the claim unless the claimant is advised of the denial in writing before the expiration of sixty days.
F. This section shall apply to all causes of action which accrue on or after the effective date of this section.
http://www.azleg.state.az.us/ars/12/00821-01.htm 12/14/2001
KENNETH S. COUNTRYMAN, P.C.
ATTORNEY AT LAW
1700 NORTH SEVENTH STREET, SUITE 3
PHOENIX, ARIZONA 85006-2230
VIA PERSONAL SERVICE
December 3, 2001
Honorable Sharon Morgan
Mayor
TOWN OF FOUNTAIN HILLS
16836 East Palisades Boulevard
Building "A"
Fountain Hills, AZ 85269
Re: Amended Class and Individual Notice of Claim
pursuant to A.R.S. § 12-820.01 on behalf of
Fountain Hills Fire Department Employees.
Dear Mayor Morgan:
This firm represents individuals (see attached Appendix A) and class
4W members constituting firefighters employed by the Fountain Hills Volunteer Fire
District ("Fire District"). These employees have been hired by the Fire District to
provide appropriate fire protection services for citizens residing within the
boundaries of the Fire District. We have further reviewed your treatment of the
District employees ana are amending the Claim as such.
Prior to employing my clients, the Fire District contracted with Rural Metro
to provide fire protection and emergency medical services under agreement
executed in 1993. On December 13, 2000, the Fire District passed Resolution
121300A, B and C which provided Rural Metro with notice of termination in
accordance with the terms of Rural Metro's Fire Protection Contract to be
effective as of December 15, 2001 and the intention to establish a District Fire
department. Your town was aware of these actions from that date.
On June 29, 2001, Rural Metro and the Fire District entered into an
"Agreement to Terminate Fire Protection and Emergency Medical Service
Agreement." Under the agreement, the parties agreed, in good faith, to allow the
transition of fire protection services from Rural Metro to the Fire District
employees by December 15, 2001. The Parties also agreed to fully cooperate in
the transition of fire services from Rural Metro to the District. Additionally,
under that agreement, it was understood that the Fire District would hire full and
part-time employees to provide for the transition of fire protection services from
TELEPHONE (602) 258-5749 • TELECOPIER (602) 258-5233 • EMAIL: KENNETH. COUNTRYMAN @AZBAR.ORG
KENNETH S. COUNTRYMAN, P.C.
ATTORNEY AT LAW
Hon. Sharon Morgan
December 3, 2001
Page two
Rural Metro to the Fire District. Your town was fully aware of the termination
agreement and Rural Metro's pledge to cooperate and act in good faith.
Beginning March, 2001, the Fire District began employing full and part-time
employees to service the Fire District. The Fire District hired a Fire Chief,
several Deputy Chiefs, Captains, Firefighters and administrative staff to perform
their statutory obligations. Currently, the Fire District has nine employees and is
contractually obligated to approximately thirty eight others. Notwithstanding
their agreement to act in good faith, Rural Metro apparently decided they wanted
to continue servicing this area and voiced this opinion to numerous private
individuals and public officers.
On October 31, 2001, the Mayor and Town Council of the Town of
Fountain Hills illegally voted to provide fire protection services previously
provided by the Fire District and authorized its town manager (who also acts as
its town attorney) to contract with Rural Metro to provide fire protection services
for the Town of Fountain Hills. In November, 2001 the District, under threats
from the Maricopa County Attorney's Office, reluctantly transferred all assets and
liabilities to the Town. My clients reported to work the following day and still
await instructions on where to report for duty. The Town has stated that these
employees are not assets assumed by the Town and has refused to provide any
wages or benefits to these employees.
Under A.R.S. § 48-812, the Town of Fountain Hills has taken over the fire
district and, if legally entitled to do so, has also assumed all liabilities of
whatever description. A.R.S. § 48-812(A). We have verified with the Maricopa
County Attorney's Office that you have agreed to assume all legal obligations.
Accordingly, the Town is obligated by law to assume all of the termination
agreements provided to administrators, Firefighters, Captains and Chief officers.
The clear expressions of the Town's refusal to acknowledge these individuals as
employees and its refusal to honor the obligations of the Fire District necessitate
us serving this notice of claim upon the Town at this time.
We are asserting the following claims against the Town:
1. Breach of contract;
2. Breach of duty of good faith and fair dealing;
3. Wrongful termination
KENNETH S. COUNTRYMAN, P.C.
ATTORNEY AT LAW
Hon. Sharon Morgan
December 3, 2001
Page three
4. Non-payment of wages and benefits (treble damages);
5. Negligent infliction of emotional distress;
6. Open meeting law violations;
7. Conflict of interest; and
8. Illegal actions.
I have discussed these claims with my clients and have determined that
full resolution of claims for breach of contract, infliction of emotional distress and
other violations can be settled by payment of $20,000,000 (Twenty Million
Dollars) on behalf of the brave firefighters and other employees whose
commitment to honorably serve the residents of the Town of Fountain Hills and
surrounding areas is now being terminated in favor of Rural Metro. This claim is
supported by the budget of the Fire District and the full consideration given by
the employees of the Fire District who have sold homes and notified employers
of their intent to work for the Fire District. The actions of the Town after
assuming the obligations of the District also adds to the claims of this Notice.
We await your review of this claim but again request that you simply deny
it so that we can seek relief in the Maricopa County Superior Court. We will also
seek attorney's fees and costs associated with this endeavor.
Sincerely,
KENNETH S. COUNTRYMAN, P.C.
Kenneth S. Countryman
KSC:jg
Attachment
KENNETH S. COUNTRYMAN, P.C.
ATTORNEY AT LAW
cc: John Wyman, Vice Mayor
Councilwoman Leesa Fraverd
Councilwoman Sharon Hutcheson
Councilman John Kavanagh
Councilman John McNeill
Councilwoman Susan Ralphe
William Ferrell, Acting Town Manager/Town Attorney
Chief Glenn Brown
APPENDIX A
Glenn W. Brown, Fire and Emergency Medical Chief
Thomas Knapp, Deputy Chief - Community Services
Howard Rosenberg, Chief Administrative Officer
Captains:
Janet Bennett
James Hoffman
Tim Laporte
Steve Quintero
David Shafer
John Wisner
Firefighter/Paramnedics (Full time):
Robert Aiken
Coy Collins
David E. Crosby
John Dryer
Christopher J. Johnson
Jayson S. Johnson
Enero Che Kelly
Anthony LaFalce
John Myers
Reid Rogers
Joseph Ruiz
Timothy Shaw
William Stockley
Firefighter (Part time):
Damon Brums
Brian Dalessandro
Josh Johnson
Bill McDonald
Chris Peterson
Sean Rodgerson
Administration:
Margaret Wanat, Office Manager
Julie Nagel, Secretary/Receptionist
Firefighter/EMT (Full time):
Ronald Carter
James Rosario
Robert Russo
James Shade
Daniel Wilson
Mark Wolhforth
Firefighter/EMT (Part time):
Steve Axlesen
James Bailey
Greg Mason
Dave Matsen
James Repp
Mary Stickelman
Valerie Wagner
RECEIVED
KENNETH S. COUNTRYMAN, P.C.
ATTORNEY AT LAW
1700 NORTH SEVENTH STREET, SUITE 3
PHOENIX, ARIZONA 85006-2230
VIA PERSONAL SERVICE
November 13, 2001
Honorable Sharon Morgan
Mayor
TOWN OF FOUNTAIN HILLS
16836 East Palisades Boulevard
Building "A"
Fountain Hills, AZ 85269
NOV 1 3 2001
FOUNTAIN HIL S
TOWN CLERK
Re: Class and Individual Notice of Claim pursuant to A.R.S. § 12-
820.01 on behalf of Fountain Hills Fire Department Employees.
Dear Mayor Morgan:
This firm represents individuals (see attached Appendix A) and class
members constituting firefighters employed by the Fountain Hills Volunteer Fire
District ("Fire District"). These employees have been hired by the Fire District to
provide appropriate fire protection services for citizens residing within the
boundaries of the Fire District.
Prior to employing my clients, the Fire District contracted with Rural Metro
to provide fire protection and emergency medical services under agreement
executed in 1993. On December 13, 2000, the Fire District passed Resolution
121300A, which provided Rural Metro with notice of termination in accordance
with the terms of Rural Metro's Fire Protection Contract to be effective as of
December 15, 2001.
On June 29, 2001, Rural Metro and the Fire District entered into an
"Agreement to Terminate Fire Protection and Emergency Medical Service
Agreement." Under the agreement, the parties agreed, in good faith, to allow the
transition of fire protection services from Rural Metro to the Fire District
employees by December 15, 2001. Under that agreement, it was fully
anticipated that the Fire District would hire full and part-time employees to
provide for the transition of fire protection services from Rural Metro to the Fire
TELEPHONE (602) 258-5749 • TELECOPIER (602) 258-5233 • EMAIL: KENNETH.COUNTRYMANOAZBAR.ORG
KENNETH S. COUNTRYMAN, P.C.
ATTORNEY AT LAW
Hon. Sharon Morgan
November 13, 2001
Page two
District. Beginning March, 2001, the Fire District began employing full and part-
time employees to service the Fire District. The Fire District hired a Fire Chief,
several Deputy Chiefs, Captains, Firefighters and administrative staff to perform
their statutory obligations. Currently, the Fire District has nine employees and is
contractually obligated to approximately thirty eight others. Notwithstanding
their agreement to act in good faith, Rural Metro apparently decided they wanted
to continue servicing this area and voiced this opinion to numerous private
individuals and public officers.
On October 31, 2001, the Mayor and Town Council of the Town of
Fountain Hills voted to provide fire protection services previously provided by
the Fire District and authorized its town manager (who also acts as its town
attorney) to contract with Rural Metro to provide fire protection services for the
Town of Fountain Hills. The Town has made it clear that the employees hired by
the Fire District will be terminated.
Under A.R.S. § 48-812, the Town of Fountain Hills has taken over the fire
district and, if legally entitled to do so, has also assumed all liabilities of
whatever description. A.R.S. § 48-812(A). We have verified with the Maricopa
County Attorney's Office that you have agreed to assume all legal obligations.
Accordingly, the Town is obligated by law to assume all of the termination
agreements provided to administrators, Firefighters, Captains and Chief officers.
The clear expressions of the Town's intent to terminate these employees and
refuse to honor the obligations of the Fire District necessitate us serving this
notice of claim upon the Town at this time.
I have discussed these claims with my clients and have determined that
full resolution of claims for breach of contract, infliction of emotional distress and
civil rights violations can be settled by payment of $4,567,000.00 (Four Million
Five Hundred Sixty Seven Thousand Dollars) on behalf of the brave firefighters
and other employees whose commitment to honorably serve the residents of the
Town of Fountain Hills and surrounding areas is now being terminated in favor of
Rural Metro. This claim is supported by the budget of the Fire District and the
full consideration given by the employees of the Fire District who have sold
homes and notified employers of their intent to work for the Fire District.
KENNETH S. COUNTRYMAN, P.C.
ATTORNEY AT LAW
Hon. Sharon Morgan
November 13, 2001
Page three
You have 60 days to review this claim. After that, we are entitled to seek
compensation in the Maricopa County Superior Court. We will also seek
attorney's fees and costs associated with this endeavor.
Sincerely,
K NNETH S. COUNTRYMAN, P.C.
Kenneth S. Countryman
KSC:jg
Attachment
cc: John Wyman, Vice Mayor
Councilwoman Leesa Fraverd
Councilwoman Sharon Hutcheson
Councilman John Kavanagh
Councilman John McNeill
Councilwoman Susan Ralphe
William Ferrell, Acting Town Manager/Town Attorney
Chief Glenn Brown
10. -0.40
Glenn W. Brown, Fire and Emergency Medical Chief
Thomas Knapp, Deputy Chief - Community Services
Howard Rosenberg, Chief Administrative Officer
Captains:
Janet Bennett
James Hoffman
Tim Laporte
Steve Quintero
David Shafer
John Wisner
Firefighter/Paramnedics (Full time):
Robert Aiken
Coy Collins
David E. Crosby
John Dryer
Christopher J. Johnson
Jayson S. Johnson
Enero Che Kelly
Anthony LaFalce
John Myers
Reid Rogers
Joseph Ruiz
Timothy Shaw
William Stockley
Firefighter (Part time):
Damon Brums
Brian Dalessandro
Josh Johnson
Bill McDonald
Chris Peterson
Sean Rodgerson
Administration:
Margaret Wanat, Office Manager
Julie Nagel, Secretary/Receptionist
Firefighter/EMT (Full time):
Ronald Carter
James Rosario
Robert Russo
James Shade
Daniel Wilson
Mark Wolhforth
Firefighter/EMT (Part time):
Steve Axlesen
James Bailey
Greg Mason
Dave Matsen
James Repp
Mary Stickelman
Valerie Wagner
TOWN OF FOUNTAIN HILLS
MEMO
To: Honorable Mayor and Town Council
Through: William E. Farrell, Town Attorney/Acting Town Manager
From: Mark C. Mayer, Directok--O-�
Parks and Recreation Department
Date: December 14, 2001
Subj: Request On Behalf Of Another Point of View Gallery, St. Dominics Food
Bank And Victoria Properties To Place A Live Tree In Fountain Park That
Would Be Lit And Decorated For Various Holidays
BACKGROUND: A number of weeks ago staff was contacted by Ms. Cheryl Beydler,
with Another Point of View Gallery, in Plaza Fountainside, to request that a live tree be
placed in Fountain Park. Staff sought additional details concerning the request that were
received in late November. Their intent is to light and decorate the tree for various
holidays throughout the year.
Staff met with Ms. Beydler on December 4, at the site to discuss several outstanding
questions regarding the request. At that meeting staff learned that the proposed original
location had changed, from a spot farther to the south, to a new location farther north that
would be adjacent to the place of business of the Beydlers. A map depicting the
approximate new location is attached.
Staff presented the request to the Parks and Recreation Commission at its December 10
meeting. After considerable discussion, the Commission voted to recommend to the
Town Council that the request be approved, with the following conditions:
1) Request that Victoria Properties consider the possibility of placing the tree on their
property first. Ms. Beydler subsequently indicated that she has spoken with
Victoria Properties and that it is not in favor of placing the tree on its property.
2) That a letter, previously requested by staff, be provided that indicates the support of
Victoria Properties, to provide the needed electrical power to the tree and its
willingness to permanently bury the power to the tree, at its cost. The intent is that
all costs associated with the tree, its installation, maintenance, etc., be at no expense
to the Town.
3) That the exact location for the tree be worked out between the parties to avoid
existing sprinkler, utility and electrical lines.
4) Request that staff receive and approve a decorating plan for each holiday.
PRIMARY ISSUES AND ANALYSIS: The donated tree will be a twelve foot tall Barry
Goldwater Pine, which according to a local nursery, is suitable for the desert
environment. The life expectancy for the tree is from twenty to one hundred years,
depending upon site conditions, and when fully grown, can attain a height of forty feet
and a width of twenty feet. It is recommended that the tree's lower branches not be
pruned to allow the lower branches to shade the trunk from the intense summer sun.
The Beydlers, and other business occupants of Plaza Fountainside, do not own their space
but lease it. Potential subsequent occupants of this space may not wish to follow the
tradition of decorating the tree for holidays.
Staff expressed its concern that, based on a number of court cases across the country over
the past several years, any decorations should be free of religious content, since the site is
on public property.
Staff raised the issue of setting a precedent with the approval of the recent request from
MountainView Coffee, considered a few weeks ago. The Commission chose to consider
that request, this one and future ones on a case -by -case basis.
The Town may wish to have a written agreement between the parties that outlines the
terms and conditions of an approval.
CONCLUSIONS AND RECOMMENDATIONS: Consider the request of the applicants
to place a live tree in Fountain Park, with the recommendation to approve the request
kw from the Parks and Recreation Commission, with several conditions as outlined above.
.ti7177777
� rr•c
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 JD
DATE: December 20, 2001
SUBJECT: Consideration of OPTION AND SITE LEASE AGREEMENT with AT&T
Wireless Services, L.L.C. for installation of a wireless communication facility on
Town property.
AT&T Wireless Services, L.L.C. is proposing a wireless communications facility in Four Peaks
Park. The facility will consist of three snug -mounted antennas on a light standard, and a new
equipment shelter at the south end of the tennis courts. Please see the attached staff report for
details.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
DECEMBER 20, 2001
REQUEST: Consideration of OPTION AND SITE LEASE AGREEMENT with
AT&T Wireless Services, L.L.C. for installation of a wireless
communication facility on Town property in Four Peaks Neighborhood
Park.
LOCATION: Four Peaks Neighborhood Park, 14605 North Del Cambre Avenue, aka
Final Plat 107, Block 18, Lot 1.
PROJECT MANAGER: Jesse Drake, Senior Long Range Planner
DESCRIPTION:
APPLICANT: AT&T Wireless Services, L.L.C.
OWNER: Town of Fountain Hills
EXISTING ZONING: "R1-8"
EXISTING CONDITION: Neighborhood park
SURROUNDING LAND USES AND ZONING:
NORTH: Single family housing, zoned "R1-8".
SOUTH: Four Peaks School zoned "R1-8".
EAST: Single family housing, zoned "R1-8".
WEST: Single family housing, zoned "R1-8".
SUMMARY:
This request is for consideration of an Option And Site Lease agreement that would allow
AT&T Wireless L.L.C. to construct a wireless communication facility consisting of three
snug -mount antennas on. a replacement ball field pole and a new equipment shelter located
adjacent to the southeastern corner of the existing tennis courts at Four Peaks
Neighborhood Park.
In response to population growth and increased demand for wireless services, AT&T
Wireless is expanding coverage and increasing the number of available channels in
Arizona. This proposal is a part of the AT&T residential and business network in Fountain
Hills.
The Lease
AT&T 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 five 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 PCS wireless communication facility at Eagle
Mountain Parkway and Shea Boulevard.
The Wireless Facility
AT&T proposes to replace the existing tapered 93-foot high, 15.5-inch diameter ball field
light pole with a new 93-foot high, 18-inch diameter pole. The existing ball field lights will
be removed from the top of the existing pole and reinstalled at the top of the new pole.
Both the pole height, and the location and height of the ball field lights will remain
unchanged. The lights will be repositioned to match the existing lighting pattern under the
direction of the Parks and Recreation Department.
The applicant proposes to install three 56-inch long, 2.75-inch wide, flush -mounted panel
antennas below the ball field lights. The top of the antennas will not exceed a height of 65-
feet. All cables for the antennas will be concealed within the larger diameter replacement
pole.
The equipment for the facility will be located in a new 12-foot wide, by 20-foot long, flat -
roofed equipment shelter that will be built adjacent to the southeastern corner of the tennis
courts. The 10.5-feet high split -face block walls concealing the equipment shelter will be
painted to match the existing trash -containment area walls that are located next to the
school district office building.
The ground elevation of the proposed equipment shelter site is 4.8 feet below the district
parking lot grade, and the shelter is shielded from view of the residential neighbors to the
west by existing paloverde trees and dense shrubs. The applicant has agreed to modify
their standard equipment shelter design to shrink the shelter size and minimize the
removal of any existing vegetation on the west side of the shelter. Any trees or
vegetation surrounding the facility that are damaged or removed during the construction
process will be replaced with like kind and size under the supervision of the Parks and
Recreation Department.
The north side of the shelter is concealed by the tennis courts, the west (neighborhood)
side, is shielded by the drop in terrain and the dense plants. The south and east sides will
be visible, but will be seen only from the district parking lot, the district office building
and from the ball fields on the east.
Emergency generator parking is proposed adjacent to the south side of the equipment
shelter.
All required utility connections to the shelter will be underground, and any required
trenching will be re -vegetated by AT&T to Town of Fountain Hills non -abutting
subdivision standards.
No additional lighting is proposed for the facility. The equipment shelter will have two
externally mounted air conditioners that will generate noise equivalent to residential air
conditioning units.
Parking for the service technician is proposed for the parking area on the north side of the
tennis courts. Access to the equipment shelter is proposed along the east side of the
tennis courts, between the tennis court fencing and the ball field fencing. Two new
bollards will be installed across the access -way, with a locked chain strung between the
bollards to prevent unauthorized vehicle access.
To accommodate the proposed parking and . access requirements, the Parks and
Recreation Department has directed a redesign of the existing parking lot that would
relocate the handicapped parking space to the west. The new handicapped space will
meet all ADA and Town of Fountain Hills design requirements. AT&T will be
responsible for the construction of the new handicapped space, access aisle, and ramp,
together with the construction/reconstruction of any required improvements such as curbs
and walkways.
This facility site and parking lot redesign have been reviewed by Town staff in
conjunction with the proposed changes to Four Peaks Park in process by e-group. The
parking lot redesign will accommodate the parking and access required by the service
technician, who will visit the site approximately once a month.
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 projected 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 approximately 240-feet from
the nearest adjacent residential property line which, therefore, requires consideration by
the Town Council.
The proposal uses existing verticality and would, therefore eliminate the construction of a
separate tower, and the facility exceeds the required 1000-foot separation distance to any
existing towers. The equipment shelter blends visually with the adjacent buildings and is
concealed from residential view. The snug -mounted antennas, with internal cabling will
not be visually intrusive. Parking can be accommodated on site and the activity of the
technician will not interfere with the existing or proposed uses of the park. The
handicapped parking space/aisle, as shown on the plan will need to be revised to show an
eleven foot wide, by nineteen foot long space as a minimum. This spacing correction can
be shown on the construction documents.
The site has been reviewed and received preliminary approval by the Parks and
Recreation Department. The applicant will receive final approvals through the building
permit process.
The applicant has been made aware that the scheduling requirements for the ball field
will supersede the construction requirements for the wireless facility.
RECOMMENDATION:
Staff recommends approval of the OPTION AND SITE LEASE AGREEMENT with
AT&T Wireless Services, L.L.C.
Cell Site Name: Pit- l53 FOUr Peaks Tennis
Address: Fountain I fills. Arizona
OPTION AND LEASE AGREEMENT
THIS OPTION AND LEASE AGREEMENT ("Agreement"), dated as of the date below, is entered into by
the Town of Fountain Hills, an Arizona Municipal Corporation, with a Tax ID>'r of 86-0650150 its principal
office/residence at 16836 E. Palisades Blvd., Fountain Hills, AZ, 85_268, (hereinafter referred to as ''Landlord") and
AT&T Wireless PCS, LLC, a Delaware limited liability company, d/b!a/ AT&T Wireless, by AT&T Wireless Services.
Inc. a Delaware corporation, its manager, having an office at 2398 E. Camelback Road, Suite 1100. Phoenix, Arizona
85016 (hereinafter referred to as "Tenant").
BACKGROUND
Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in
connection therewith, located at 14603 N. Del Cambre, Fountain Hills, AZ, identified as Parcel Number 176-4-364C, in
the Town of Fountain Hills, Maricopa County, State of Arizona, as described on Exhibit 1 attached hereto and made a
part hereof (collectively "Property"). Tenant desires to use a portion of the Property in connection with its federally
licensed communications business.
The parties agree as follows:
1. OPTION TO LEASE. (a) Landlord hereby grants to Tenant an option (the "Option") to lease a
portion of the Property measuring approximately seven hundred (700) square feet as described on Exhibit 2 attached
hereto and made a part hereof (collectively "Premises"), together with reasonable access as shown on the construction
drawings or agreed upon by both parties in writing for Tenant's uses from the nearest public right-of-way along the
Property.
(b) During the Option period and any extension thereof, and during the term of this Agreement, Tenant
and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect,
examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of the
Property, to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or
appropriate at Tenant's sole discretion for its use of the Premises and include without limitation applications for zoning
variances, zoning ordinances, amendments, special use permits, and construction permits (collectively referred to as
"Governmental Approvals"), and otherwise to do those things on or off the Property that, in the opinion of Tenant, are
necessary in Tenant's sole discretion to determine the physical condition of the Property, the environmental history of the
Property, Landlord's title to the Property and the feasibility or suitability of the Property for Tenant's Permitted Use, all at
Tenant's expense. Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition
on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection.
(c) In consideration of Landlord granting Tenant the Option, Tenant hereby agrees to pay Landlord the
sum of One Thousand Dollars (S1,000) upon execution of this Agreement. The Option will be for an initial term of one
(1) year (the "Initial Option Term") and may be renewed by Tenant for an additional one (1) year upon written
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Option Land
notification to Landlord and the payment of an additional One Thousand Dollars (S1,000) no later than ten (10) days prior
® to the expiration date of the Initial Option Term.
(d) During the Initial Option Term and any extension thereof, Tenant may exercise the Option by
notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to the Tenant subiect to
the following terms and conditions.
2. PERIMITTED USE. Tenant m.:y use the Premises for the following: (i) transmission and reception
of communications signals; (ii) to construct, install. operate, maintain, repair, replace, protect and secure, its
communication fixtures and related equipment, cables, accessories and improvements (collectively, the "Communication
Facility"); including the right to construct up to 3 (three) antenna panel's, an equipment shelter, and any other
accessories necessary to the successful and secure operation of the Communication Facility as approved by the Town of
Fountain Hills. Tenant has the right (i) to install and operate underground transmission cables from the equipment shelter
to the antennas, underground electric lines from the main feed to the equipment shelter, and underground communication
lines from the main entry point to the equipment shelter and (ii) to erect, construct or make Property improvements,
alterations, or additions appropriate for Tenant's use ("Tenant Changes"). . Nothing contained herein shall grant Tenant
or its successors and assigns the ability to locate additional antennas on the premises or provide collocations to any other
telecommunications entity without first amending this Lease.
3. INSTALLATIONS. Tenant agrees to comply with all applicable governmental laws, rules, statutes
and regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify,
• supplement, replace, upgrade and expand the equipment within the equipment enclosure. However, Tenant does not have
the right to increase the number of antennas or relocate the Communication Facility within the Premises unless through a
modification of this Lease. Tenant will be allowed to make such alterations to the Property in order to accomplish
Tenant's Changes or to insure that Tenant's Communication Facility complies with all applicable federal, state or local
laws, rules or regulations.
4. TERM. (a) In the event Tenant exercises the Option, the initial lease term will be five (5) years
("Initial Term"), commencing upon the Commencement Date, as defined below. The Initial Term will terminate on the
last day of the month in which the fifth annual anniversary of the Commencement Date occurred.
(b) This Agreement will automatically renew for five (5) additional five (5) year Term(s) (the
"Extension Term"), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's
intention not to renew this Agreement at least ninety (90) days prior to the expiration of the existing Term.
(d) The Initial Term, and the Extension Term is collectively referred to as the Term.
("Term",).
5. RENT. (a)Commencing on the date that Tenant commences construction (the "Commencement
Date"), and 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 on monthly Rent payable during the preceding Term of Renewal increased by (10%) percent; or 2) the amount of
monthly Rent payable during the preceding Term if Renewal Term increased by an amount equal to the change in the CPI
5/_28/99
Option Land
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 St<des Department of Labor. Bureau of Statistics (or
reasonably equivalent index if such index is discontinued). The Landlord has up to sixty (60) days from the date the CPI
increase applies to notify the Tenant of the CPI adjustment. 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. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under
Paragraph 15 of this Agreement after the applicable cure periods;
(b) by Tenant on sixty (60) days prior written notice, if Tenant is unable to obtain, maintain, or
otherwise forfeits or cancels any required approval(s) or the issuance of a license or permit by any agency, board, court
or other governmental authority necessary for the construction or operation of the Communication Facility as now and
hereafter intended by Tenant; or if the Premises become unsuitable for Tenant's operation due to governmental
regulations; or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is commercially
unreasonable;
is
(c) by Tenant on sixty (60) days prior written notice, if Tenant determines, in its sole discretion that
Tenant's use of the Premises (as the same may have been modified from time to time) is no longer consistent with the
optimal operation of Tenant's communications network based upon either technical or economic considerations in
Tenant's sole discretion;
(d) by Tenant on sixty (60) days prior written notice, if Tenant determines that interference by or to
Tenant's use of the Premises cannot be resolved to Tenant's satisfaction;
(e) by Tenant immediately upon notice, if destruction or damage to the Premises or the taking thereof
(by partial condemnation or otherwise) is sufficient, in Tenant's reasonable judgment, to adversely affect Tenant's use of
the Premises; or
(f) by Tenant immediately upon notice, if Tenant determines, in its sole discretion, due to the title
results, survey results or Tests, that the condition of the Premises is unsatisfactory or Tenant believes that the leasing or
continued leasing of the Premises would expose Tenant to undue risks of government action or intervention or third -party
liability.
If this Agreement is terminated for any reason outlined in this paragraph, any prepaid rent will be refunded on a
prorata basis.
g.) Landlord may terminate this agreement if Tenant defaults and fails to cure default for non payment of
rent.
7. INSURANCE. (a) Tenant will carry, during the Term, at its own cost and expense, the
following insurance: (i) "All Risk" property insurance for its property's replacement cost; (ii) commercial general liability
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Option Land
insurance with a minimum limit of liability of S 1.000.000 combined single limit for bodily injury or death property damage
• arising out of anv one occurrence: and (iii) Workers' Compensation Insurance as required by law.
(b) Tenant will name the Landlord as an additional insured under its commercial general liability policy.
Tenant will require its insurance company to give at least thin (30) days prior written notice of termination or cancellation
of the policy to the additional insured, except for termination or cancellation for non-payment of premium. which notice
will be ten (10) days.
(c) Notwithstanding anything in this Agreement, with respect to all loss. damage. or destruction to the
insured party's property (including rental value and business interruption) occurring during the term of this Agreement.
Landlord and Tenant herebv releases and waives all claims (except for willful misconduct and ne-lisenee) against the other
party, and each of the other party's, employees. agents, officers, and directors. Landlord and Tenant will make a reasonable
effort to include in their property insurance policy or policies a waiver of subrogation provision whereby any such release
does not adversely affect such policies or prejudice any right of the insured party to recover thereunder.
8. INTERFERENCE. (a) Where there are prior existing radio frequency users on the
Landlord's property, the Landlord will provide Tenant with a list of all current radio frequency user(s) (and their
frequencies) on the Property to allow Tenant to evaluate the potential for interference. Tenant warrants that its use of the
Premises will not interfere with existing third parties on the Premises as long as the current user(s) operate and continue
to operate within their frequencies, and in accordance with all applicable laws and regulations.
(b) . The continued use of the Property for these primary uses by the Landlord's employees,
• tenants, licensees, invitees or agents shall be permitted and may continue to occur throughout the term of this lease even if
these uses interfere with the Tenant's rights as stated elsewhere in this Agreement. Tenant acknowledges and accepts that
such interference caused by Landlord's employees, tenants, licensees, invitees or agents may occur through their primary
usage of the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents.
to use, any portion of the Property in any way except for the primary uses of the property as described in section 8 (b)
which interferes with the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such
prohibited interference to cease upon not more than twenty-four (24) hour notice from Tenant. In the event any such
prohibited interference does not cease within the aforementioned cure period then the parties acknowledge that Tenant will
suffer irreparable injury, and therefore, Tenant will have the right, in addition to any other rights that it may have at law
or in equity, for Landlord's breach of this Agreement, to elect to enjoin such interference or to terminate the Agreement
upon notice to Landlord.
(d) Landlord will confer with Tenant, to determine proper antenna separation so as to avoid and/or
eliminate any interference with any other tenant(s) the Landlord may separately contract with. Tennant will not be
required to modify its facility to accommodate other tenants the Landlord may separately contract with.
(e) Tenant shall cure any interference by Tenant with the normal business operations of Landlord within ten
(10) business days.
® 9. INDEi1INIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against
any direct injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including
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Option Land
reasonable attorneys' fees and court costs) resulting from the installation, use, maintenance, repair or removal of the
Communication Facility or the breach of any provision of this Agreement.
(b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all direct
injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable
attorneys' fees and court costs) arising from the actions or failure to act of Landlord or its employees or agents, except to
the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents, independent
contractors or third parties.
10. WARRANTIES. (a) Landlord represents and warrants that: Landlord (i)
solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license, unencumbered by any
liens, restrictions, mortgages, covenants, conditions, easements, leases, agreements of record or not of record, which
would adversely affect Tenant's use and enjoyment of the Premises under this Agreement; (ii) as long as Tenant is not in
default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises; (iii)
its execution and performance of this Agreement will not violate any Laws, ordinances, covenants or the provisions of any
mortgage, lease or other agreement binding on the Landlord.
11. ENVIRONMENTAL. (a) Landlord represents, warrants and agrees to the best of Landlord's
knowledge that: (i) the Property and its uses and operations complies, and will comply, with all local, state and federal
statutes or regulations, or ordinances pertaining to the environment or natural resources ("Environmental Laws"); (ii) the
Property has not been used or allowed to be used by Landlord or, to the best of Landlord's knowledge, by any previous
owner, to emit through ground, water or air, refine, manufacture, generate, produce, store, contain, handle, transfer,
process, treat, transport, or dispose of hazardous substances or hazardous wastes, products or pollutants, including
without limitation asbestos, oil, petroleum products and their by-products, (collectively called "Hazardous Substance") as
defined and regulated under any Environmental Laws; (iii) the Property has never been the subject of any federal or state
Hazardous Substance related list; (iv) the Property has never required closure or clean-up of Hazardous Substance; and
(v) no asbestos, Polychlorinated Biphenyls or other Hazardous Substance or underground or above ground storage tanks
exist or have existed or will exist on the Property. Landlord warrants and represents that it will be solely liable for the
clean-up and removal of Hazardous Substance and any related activities, including but not limited to the restoration of the
Property related to Hazardous Substances now and in the future existing on the Property except to the extent generated by
Tenant. Landlord will defend, indemnify and hold Tenant harmless from and against any and all direct liabilities,
damages, losses, costs, assessments, penalties, fines, expenses and fees, including reasonable legal fees, consultant fees
and expert witness fees, related to Landlord's breach of any of the above representations and warranties.
(b) Tenant represents, warrants and agrees to conduct its activities on the Premises in compliance with
all applicable Environmental Laws. Tenant will not use, generate, release, manufacture, refine, produce, store, or dispose
of any Hazardous Substance on, under, or about the Leased Premises. except for the use of sealed batteries for emergency
Apftk back-up, any fire suppression system and small quantities of cleaning products ordinarily used by commercial businesses.
Tenant agrees to defend, indemnify and hold harmless Landlord from and against any and all direct liabilities, damages,
losses, costs, assessments, penalties, tines, expenses and fees, including reasonable legal fees, that Landlord may suffer
5
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due to the existence or discovery of Hazardous Substance on the Property, or released into the environment that are
• directly caused by Tenant's use of the Premises.
(c) The indemnifications of this Paragraph specifically include reasonable costs, expenses and fees
incurred in connection with any investigation of Property conditions or any clean-up, remedial, removal or restoration
work required by any governmental authority. The provisions of this Paragraph will survive the expiration or
termination of this Agreement.
12. ACCESS. Landlord will be permitted access to the Premises: (i) for emergencies without
prior notice to Tenant, so long as Tenant is notified as soon thereafter as reasonably practicable; and (ii) with reasonable
prior notice to Tenant to make necessary repairs: in all cases provided that Tenant's equipment, technology and
proprietary interests remain secure and the Communication Facility's operation is not adversely affected.
At all times throughout the term of this Agreement, and at no additional charge to Tenant, Landlord will provide.
Tenant and its employees, agents, and subcontractors, with twenty-four hour, seven day access for emergency repairs to
electronic equipment, upon the condition emergency repairs do not interfere with normal scheduled activities to and over
the Property.
13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the
Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at
anv time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected
or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being
® the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by
Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during
the Term. Within one hundred twenty (120) days of the termination of this Agreement, Tenant will remove all such
improvements. Footings, foundations, and concrete will be removed to a depth of one foot below grade. Tenant will, to
the extent reasonable, restore the Premises to its condition at the commencement of the Agreement, reasonable wear and
tear and loss by casualty or other causes beyond Tenant's control excepted. Tenant will be responsible for the
replacement of any trees, shrubs, or other vegetation. Tenant will not be required to remove from the Premises or the
Property any underground utilities.
lit. MAINTENANCE; UTILITIES. (a) Tenant will, at Tenant's expense, keep and maintain the
Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain
and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and
damage from the elements.
(b) Tenant will be solely responsible for and promptly pay all utilities charges for electricity, telephone
service or any other utility used or consumed by Tenant on the Premises. Landlord will fully cooperate with any utility
company requesting an easement over, under and across the Property in order for the utility company to provide service
to the Tenant. During any application period the Tenant will have the right to temporarily use Landlord's electricity and
will pay the Landlord the current local utility rate for electric consumed by Tenant. In the event Tenant cannot secure its
own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from the Landlord.
Tenant will pay on a monthly basis the current local utility company rate for submetered electric, after the meter is read
6
5/?8;99
Option Land
by the Landlord and billed to Tenant. Landlord will not be responsible for interference with, interruption of or failure,
beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
15. DEFAULT AND RIGHT TO CURE. (a) The following will be deemed a default by Tenant and a
breach of this Agreement. (i) non-payment of Rent if such rent remains unpaid for more than thirty (30) days after receipt
of written notice of such failure to pay from Landlord; or 60 Tenant's failure to perform any other term or condition
under this Agreement within forty-five (45) days after receipt of written notice from Landlord specifying the failure. No
such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and
provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be
excused if due to causes beyond the reasonable control of Tenant.
(b) The following will be deemed a default by Landlord and a breach of this Agreement. Landlord's
failure to perform any term or condition under this Agreement within forty-five (45) days after receipt of written notice
from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure
the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in
curing a default will be excused if due to causes beyond the reasonable control of Landlord.
16. ASSIGNI[ENT/SUBLEASE. (a) Landlord may assign this Agreement provided said
assignee will assume, recognize and also become responsible to Tenant for, the performance of all of the terms and
conditions to be performed by Landlord under this Agreement.
(b) Tenant may assign or sublet all or any part of this Agreement, and all or any rights, benefits,
® liabilities and obligations hereunder, to (i) anv person or business entity which is a parent, subsidiary or affiliate of
Tenant; (ii) any person or business entity that controls or is controlled by or under common control with Tenant; (iii) any
person or business entity that is merged or consolidated with Tenant or purchases a majority or controlling interest in the
ownership or assets of Tenant; or (iv) any person or business entity which is licensed by the FCC to operate a wireless
communications business. Upon notification to Landlord by Tenant of any such action, Tenant will be relieved of all
future performance, liabilities and obligations under this Agreement to the extent of such assignment or sublease. Tenant
may not otherwise assign or sublet this Agreement without Landlord's consent.
(c) Nothing contained herein shall grant the Tenant or its successors and assigns the ability to locate
additional antenna's on the Property or to provide collocation to any other telecommunications entity without first
amending this lease.
17. NOTICES. All notices, requests, demands and communications hereunder will be given
by first class certified or registered mail, return receipt requested, or by a recognized overnight courier, postage prepaid,
to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties
at the addresses set forth above (as to Tenant, Attn.: System Development :Manager; with a copy to AT&T Wireless
Services,Attn: Legal Department, 2728 Prospect Park Drive, Suite 200, Rancho Cordova, CA 95670). Either party
hereto may change the place for the giving of notice to it by written notice to the other as provided herein.
18. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the
remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not
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Option Land
contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the
Agreement may be terminated by either party on ten (10) days prior written notice to the other party hereto.
19. TAXES. Tenant will pay all personal property taxes assessed on, or any, portion of such
taxes attributable to, the Communication Facility. Tenant, upon presentation of sufficient and proper documentation, will
pay, within thirtv (30) days, any increase in real property taxes levied against the Property (excluding anv additional taxes
that relate to the period prior to the Commencement Date, i.e., rollback taxes) which is directly attributable to Tenant's
use of the Property, provided Tenant will be .nutted to appeal any such increase payable by it. Landlord agrees that it
will cooperate with an appeal of such taxes and will promptly pay when due all real estate taxes levied against the
Property.
20. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings
affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight (48) hours. If a
condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the
Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority.
The parties will be entitled to share in the condemnation proceeds in proportion to the values of their respective interests
in the Property, which for Tenant will include, where applicable, the value of its Communication Facility, moving
expenses, prepaid rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid
Rent.
21. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the Property
• within forty-eight hours of the Landlords discovery of the casualty. If any part of the Communication Facility or Property
is damaged by fire or other casualty so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant
may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the
date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds
payable to Tenant on account thereof and to be reimbursed for any prepaid Rent.
22. BROKER FEES. Tenant and Landlord each acknowledges and represents to the other that no
broker or other person was used by it in connection with this transaction. If any claims, actions or proceedings are
brought against either party ("Indemnitee") by reason of any broker, finder or other person claiming to have dealt with
the other party ("Indemnitor") in connection with this transaction and/or the Premises, then the Indemnitor hereby agrees
to indemnify, hold harmless and defend the Indemnitee from and against all liabilities arising from such claims, and all
reasonable costs and expenses incurred in connection therewith (including, without limitation, reasonable legal fees and
disbursements). The provisions of this Article will survive the termination of this Agreement.
23. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any and all lien rights it may have,
statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be
deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal
property under applicable law, and Landlord hereby consents to Tenant's right to remove all or any portion of the
Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent.
24. MISCELLANEOUS.
x
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(a) Amendment; Waiver. This Agreement cannot be amended, modified or revised unless done in
0 writing and signed by an authorized agent of Landlord and Tenant. No provision may be waived except ;n writing signed
by the party waiving said right.
(b) Short Form Lease. Either party will, at any time upon fifteen (15) days prior written notice from the
other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease. Either party may record this
memorandum at any time, in its absolute discretion.
(c) Bind And Benefit. The terms and conditions contained in this Agreement will run with the
Property and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof,
constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and a��reements.
(e) Governing Law. This Agreement will be governed by the laws of the state in which the
Premises are located, without regard to conflicts of law.
(f) Interpretation. Unless otherwise specified, the following rules of construction and interpretation
apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and
conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii)
whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may
be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of
the Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration"
® are interchangeable, and (vi) reference to a default will take into consideration any applicable notice, grace and cure
periods.
11
(g) Estoppel. Either party will, at any time upon fifteen (15) days prior written notice from the other,
execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and
in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so
modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii)
acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party
hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any
prospective purchaser or encumbrancer of the Premises. Failure to deliver such a statement within such time will be
conclusive upon the requesting party that (i) this Agreement is in full force and effect, without modification except as may
be properly represented by the requesting party, (ii) there are no uncured defaults in either party's performance, and (iii)
no more than one month's rent has been paid in advance.
(h) No Option. The submission of this Agreement for examination or consideration does not
constitute a reservation of or option for the Premises. This Agreement will become effective as an Agreement only upon
the legal execution, acknowledgment and delivery hereof by Landlord and Tenant.
9
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• IN WITNESS WHEREOF, the undersiLmed has caused this Agreement to be executed this day of t:,-001.
"LA:ti-DLORD"
Town of Fountain Hills, an Arizona Municipal Corporation
Print Name:
Its:
"TENANT"
AT&T Wireless PCS, LLC, a Delaware limited liability company,
d/b/a AT&T Wireless
By: AT&T Wireless Services, Inc., a Delaware corporation,
its manager
By:
0 Print Name: Beth Davison
Its: System Development Manager
to
5!'_8/99
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14
STATE OF ARIZONA
ss:
COUNTY OF NIARICOPA.
I CERTIFY that on
under oath that he or she:
CORPORATE ACKNOWLEDGMENT
200I. Beth Davison personally came before me and acknowled�sed
(a) is the System Development Manager of AT&T Wireless Services, Inc., the corporation named in the
attached instrument,
(b) was authorized to execute this instrument on behalf of the corporation and
(c) executed the instrument as the act of the corporation.
Notary Public
,I\ Commission Expires:
CORPORATE ACKNOWLEDGMENT
STATE OF ARIZONA,
ss:
COUNTY OF MARICOPA.
I CERTIFY that on /�K - C 2001, William E. Farrell, Esq.. personally came before me and
acknowledged under oath that he or she:
(a) is the Acting Town Manager,
(b) was authorized to execute this instrument on behalf of the corporation and
(c) executed the instrument as the act of the corporation.
OFFICIAL SEAL f=\
EVELYN J. BENDER
r"y
otary Public - State of Arizona Notan, Public, (/
MARICOPA COUNTY
corrm. expires Aug. 28, 2003 \Mk Commission Expires:
Approved A
William E. Farrell, Esq.
Town Attorney
IF
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sr_si99
Option Land
EXHIBIT 1
• DESCRIPTION OF PROPERTY
Pee / of /
Lessor's L2[,al Description
THAT KRTVN OF LOT 1, 81OC,K ;8. FOWLAN ,fSCI AWILS AR,47;PA Rr4Y fLIT VO.
107 AS REL'✓RDED :N ROCK 141, j�Ce 18 OF TH'£ C;FF,Cbtl RE:ORCS OF MARIMPA
COLNTY, ARIZONA, DESCRIBED AS fO LCNS CCMMENC;NG AT lh£ CINTERIMC
INTFRSFCT;GN OF DEL C4MBRE A:fMI AND EL S06WA,VIE A.EYLIf,THE"VGr SGL7N 2J
OEGRf.ES 15 AE/N'UIES lXi SEMADS tAST ALLM 7, - CENTE4L,NE OF 919 EC
SMWANfE AV£,VUL; A 00MCF OF JJ1.57 Fi17' ]HENCE SOL'!il 55 DEGREES 45
M/NL'TES 00 Sf-'tJNDS Af5T A DISTANCE OF .15.X FtET TO A POINT &V THE #ESIEWT'
RiGHT OF WAY DIME Of SAID EL . 06WANTE A✓£,VL'E ANC THE PNT W BE"TNN;PIC,
THE,VCE SOUTH 2J DEGREES 15 .4/NUES 00 SECONDS EAST ALONG SAID WE57EW r
RIGHT CF WAY LINE, A DISTANCE OF 77.94 TET TO THE 8ECOOING OF A TANCE,VT
CRA' CONCAW TO THE SCV04f5f MW ;N'G A RADILS OF 861 X fE17,• THENCE
SOUT.ftfAVR I ALONG 541D CURVE AND iW WESTERLY RAW OF WAY UNE IHROLGH
A CENINAL ANGLE OF 11 DECREE; 44 MOVIES 00 SECCNCS AN ARC' C£NOAr OF
192.24 FEET; THENCE SOUTH 10 DEGREES J1 MINUTES GO 5E.WS E45/, ALCAF0 SAID
Nf51ERLY RKHT OF WAY LAF,, A CJSTANCE OF 84.28 FEET,' IHFiVCE SLNiTH 7U
LEW55 2J MINUTE5' 26 SECONDS' WEST, LL4 v1NG SAID RIGHT Cf WAY UNE, A
LZ",ANCE Of 411.46 fEE; 1HENCE SOUTH 77 L1rGRELS 12 MINUTES JJ 5EC0NCS
WEST A USTANC£ OF 61.29 FEFT,• THEVCE SOUTH 19 LIEGREES 55 MINUTES 59
SECONDS EAST A DISTANCE Cl' 2,10.09 r?Tl• THENCE SOU;71 51 CFGREES J6 1/1NUTE5
Di SECONDS EAST A DISTANCE OF 45.64 f£ET, THENCE SCUPrI 01 DEGREES 20
MINUTES DO SECONDS NEST A LVETANC'E CIF 75.14 FEET TO A POINT ON /HE
NCWIHERLY RIGHT DF WAY LINE Ur CAL4�RAS AVENUE, ACCCf .4Mr TO SAID RNYAL
PLAT No. 107; THENCE NCR,,H 88 DECREES' 40 MINUTES OC SECONDS NEST, ALONG
SAID MCRTHERLY RIGHT OF WAY UNE, A DISTANCE C.f 222 45 Ft -ET,- THENCE NORTH 01
UtCREES 20 MNUTES 00 SECONDS EAST; LfAAG 540 RIGHT OF WAY UNE, A
LISTANCf Of 114.55 ft-L7- IHEVCE ACR/H 17 DEGREES 06 M&UIts 18 SECONDS
WEST A GSTANCE OF 94.99 FEET; THENCE SOUTH 77 LICCRELS 11 MINUTES JJ
SECONDS WEST A GSTANCf OF 9.04 FEU; ALENCE N^Rnl 78 DCrREf.:S 59 MINUTES
57 SECCVDS WEST A LYSTAN'CE Or 151.JJ FEE7; 1H.: CE ArR1H 88 DEGREES' J4
A"VES 01 SECONDS WEST A LY5TAf10E OF 129.9J 77 10 A POINT ON THE
LASIERLY RIGHT OF MAY LINE GF 57J0 DEL CAMBRE AVENUE, THENCE NORTH Ol
DEGREES 20 MINUTES 00 S£C'ONDS FAST, A19W; 5i4,0 LISTRLY R16hT CF NAY LINE, A
DISTANCE CF 66.69 FEET TO ,THE 801NN'ING O` A 1AMCENT CURIE" CCNC4VE TO THE
SCUTNEAST MV1NG A RADIUS OF 61- .ZO fEET• THENCE- NCR7Y,EASTE;,'LY ALONG EdiD
CURVE Ah0 yVD EAS7MLY RKHT OF WAY LINE flMUCH A CENTRAL ANGLE OF 40
DEGREES J8 MINUTES 2J SECONDS AN Anti LENGTH OF 4J6.22 FELT TO ThE
BEGlNN1NG OF A NON-TANCE,VT CURVE COhr;4vF TO THE NORTH iLAWNG A RAGuS Or
4J5.60 FEE7, IH£ CrNTER OF #14CH BEARS .VCMH J8 C,EGRLE 11 MINUTES 06
SECONDS EAST, • THENCE EA571?LY ALONG SUD CURVE THROUGH A CENTRAL MCA OF
59 DEGREES 17 MINUTES 06 SECCWDS AN ARC LENCH OF 450.10 FEET 10 A FILINT
OF TANGENCY, THtXF WN 68 LWCn'EtS J-' 140WIES 00 SECONDS £AS; A XT,4NCE
OF J12,46 fFFr TO THE B£GINNWG OF A NON -TANGENT CL97VE CONGV£ TO #rE
SOUTH 44tWNG A RADIUS CT 50.00 FEET, liif CEM7N Of' Ml/1CH ZVS -`OUTH 21
DEGREES 04 MINUTES 2J SECCWDS EAST IHEACE EASILY ALCAV SAID CURVE
THROUGH A CMIRk ANGLE OF 01 L'Ei;REET 29 I/INUI£S 5l SECOAOS AN AT
LENGTH OF 12.45 FEET TO THE PUNT C.iF bfC,tiNINC.
Note:
1. If the foregoing description is not a metes and bounds legal description. the parties agree to replace the foregoing, description %%ith a metes and
hounds legal description of the property upon receipt thereof.
AT&T Initials:
Landlord Initials:
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Option Land
EXHIBIT 2
® DESCRIPTION OF PREMISES
1
Pare ! of
Lease Site Legal Ceserfptivns
Easement Cescnpti
A PCR7CN ,F LOT I, BL';CK 18, FOUNTNN HUS ARI::rW :7.NAL pIAT NO.
EA=F.W-VIF OW.? 4 Fr.FIC,V .7 :GT 1. P.,':"!('K 12, FrUYTAM N,4L`.
M
l07, 45 R0UBTYAr 141, PACE i8 or 'F. O/TTCNL .RECGRCS a
AR0041 r'YL RA! NO. IG7, AS RFCCR!XO W r(K le, P.ACf r8 OF
NT .
.MAR/I:CV'A rCilNrl: 4P12CiA14 b'Ei�RIBFp AS F?LiOIv%�
P•E C)FT'L'fAL RE^.ORCS OF HAA.Y.O?4 COUNT! ArVgm. TK' CEN,T L1NF
COM)'rNC£ AT A S WF 4NRC,16 THE ,N7EPSCC.nON Cf THE MONUMEVT
OF SAIO f,4_00W ECVG OUnIVEE7 iS FOt,0#S COMM£'a A: 4 SPAT
L'NLS Cf ;;FL CAMBRf AVENUE AND .4LAMGSA AVENC£ iWU NHlrY A
M4%X ,' 7iE INTE95EC70N OF 74F MCA(CWVT UNFS OF X1 CAMSF£
SPIKE W97M; TFI£ .N7;ZC.7ON CF Cfi UMBR£ A'rFNUf AND CAILE
Aif!YUE ANO AL,4MC :A AVENUE FPCM ANICH 4 .SPIKE MAR1f/NC 777F
011 P.QAI;O tY,"S NCPrH 3 i,rCPE: S JS WAVIES CNJ SICZAI S EAST A
1NTEP5.. VXW t;F DEL CWBRf AL£VUE AND UI EE DEL PP..ACO hEARS
015TA.Vrt OF 499.51 ,rF," 771E10E SOU.n1 80 OE&;,'FS 12 A0NV7FS 22
NVUH J3 CfCRfEY .15 411N 75 00 SECFNICS EIS,; A YS-ANCE OF
SECOAM EAST, A 015iANCE Cr .i'.:^< FTET rX A frlNT av NE FA 7my
499.61 fT i; 1H'FICF S011771 80 CECRF?S 12 MWU7FS 22 SEC;;VCS EAST,
I1NE OF DEL CAMBREAVENU�, IHF.,ICF rONRWNG SOUTH 80 Z Rf£S 11
A PISTANC%'IF J5.r0 FFfT TO A POINT ON THE LAST . 1,1 L/NF OF Df?
MANGTY 72 SECONDS EAS A LYS%ANCE OF .12 Of 7TE7 TO A POWT.
G4M1WE AVEN'..If .AND THE MINT OF 9E01NN/N0 OF A 10.00 FOOT ACCESS
FrENCE Vt,H' Di 87 Of;JYFS :6 4/1NL'IES 1J SEC.O.NGS 9ST, A DISTANCE
DfrVA � 7fNCE COh^1NLJNG 5Cf1,7i 9u CFCREFi 11 M1NU77S 12
Of 59.66 ITFT M A P'01N7, 74.NY.F AkWTH 70 C£:RETS SP. 4,1NUTrS 51
SECONDS EAST A 2 ANCE OF J2.31 f£E' 70 A PONT TWICE NCRI71
SIZ.W)S EAST A DISTANCE !;F J0.04 Ft-7 10 A POINr,' ; 4EVrE SOWN
27 0179CES ..'6 AONL75 2.1 SECW.S LAST, A DISTANCE OF 59.56 " T
17 DE;PELS 58 MNUTES 10 SECONDS EAST A USTANCE OF 2942 FEE,'
TO A POINT, M1Nff NOP7l 70 XOP.F0 58 MMITES U SEC50I&S EAST
TO A POINT' 771ENCE SOUTH 20 OEORrtS 04 44INUTE 28 SEC'CWOS EAST,
A OISTANCr -F JO.O4 ,'FU TO A Pr_07,' THENCE SCO-4 17 OfCRE S 58
A DISTANCE OF 149.93 f£EF :0 A POINT- 7NENCE XU71 59 DECREES
AMUTTS 10 .S =AVS EAST A DLSTANrE OF 29,42 rTi7 TO PW 6'
55 M/N1177 17 5£rCAVS MCSi, A 06%.4NCE OF 5.00 ><ET TO TH£ PJ1NT
P.T'A.0 THE PINT 7 7FYYA 1. N OF S4/D ACCESS EASLLEN7 AM7 /),I
OF &'C#WVV6 jr AN E0U#VFVT E£45F THENCE C06WNWAC SOUTH 69
POINT Of B£;INNh ,' Cr A lOCC FOCr IVIX ACCESS AND L'T1UTY
U.CRU-5 55 VIMT113 J2 SECONDS NEST, A OfSTANCE OF JO00 FFi TO
EASEVEW, THENCE SOUTH 27 CECR££S 04 44WU:TS 28 SFCCfIGS FA_''T, A
A POINT, 7R 4CE WRIH 70 i3[6RfTS 04 4NNIYTS 28 SECCAW NEST A
DISTANCE OF 149.9J M_- TO THE PONT 7 TRVV, rV Cr -9/0
JISrANCE OF 22CC •W TO A P9VT ON THE EDGE OF A C,%CRET
E45EAOW. THENCE SC1131 59 ITfCAEfS J.i UhVI,TS 12 SECONDS JFYT A
SCAB, 17¢'VrE NCRIP 69 OE;,REfs 55 MINUTES J2 SfCONOS fAST ALYYG
DISTANCE OF 5JC 'EFT TO A POW,, 17CVCf NCR-1 20 DECREES 04
SAID rVACRUF SUB, A 06LAWE OF 1000 FEET TO W SOLIlWASTERLY
MINUTES 2e VCCNOS REST A Or- ANCE OF 1000 FE^ TO THE PIOINT
C"RNE:4 TH RFr,F; THENCE LVARPNG _W 50U7HE4S7ERLY 1JNE, SM94
of BE0%rw Y A 4 00 FOOT W&E UEti£ RuN EA.SFVENT, 74EYCE
20 Ofr,REES 04 MINUTES 28 SFCONOS EAST A 06iANC£ Cr 1260 FT9
®
NCAN 84 D rWrS !0 MINUTES 1T ACWS E45T, A GSTANCE OF 14,32
TO PONT 'A' 7,WVCL C V7NUAW SCU7,Y 20 DENS 04 WNUTES' 28
r: 17 1NF PTA- OF :?RVN4TYN OF SN0 COE RIuN EISEMEVT AND
SECONDS FAS, A DISTANCE OF 10.00 fFfT TO ric POINT OF iiramNG'
Bl.(,mmr .47 90 A^At<'T '8' THENC'f Ar,,mH ^7 wr9us 40 ,AmiIES
ANC CiWUr ,% AT 5VD :-VAfr A; THENCE :VOR7W 84 DFw4frS 1C
JO SLCO.NGS CA57, ALIM'C 7HF CTNIEPL NF Cr A 10.00 T007 WIOF Un1!11'
MINUrTS 11 SFr';AVOS FAST A XIA,W,E OF 14.82 fFET TO THE POINT
EASFMfN7, A D15TAFff.T Cr 2J.69 FELT TO 4 PCWT, THFNC'F. NCR7/ I9
CF DE. VN1VC 5F A VrNI:PQE LUSE,' THENCE A,M 19 DEGREES 44
OFCPFTS' 0 VAIN, U 41 .SECCN.05 NEST, A DISTANCE OF 124. 31 FEET TO
MINUTE; 46 SfCDNOS #7ST, A DIS,W.F OF 5.A^ fFri TO A POfN
A POINT, THENCE 15CRTH 66 DECREES 36 .:"UIES 22 SECCNOS EAST A
71ENCE N ?7H 70 DECREES 15 V/ANiITS I4 SECOND`' ;AST A DISTANCE
DISTAN(w OF IG2.7S `rET MORE OR :fSS, TC nIf PriNT Cr TT:^r.UCNA,7OV
ar 10.00 TET7 TO A ,POINT, THEbCf SO10,74 19 DEW7S 44 WN671S 46
OF SND EASEi4EVr C.N WE EASTERLY LINE OF iWL CAMBRE AVENCE.
Sh OkGS EAST, A 9CS7ANCE OF IOGO ,IEET 70 A POINT,, THENCE WH
iD CrCRf� 75 4NNli r4 SECGVf S NEST, A D15TANCE Lr 1C00 zET
THE Lr1WTS OF SAID OFSC.R18f0 R5111F.NT SHAL Rr EXTENDED AIOi ICR
TO A POINT, 71EWE .50971 19 DE✓ 5 44 ,WVL'TES 46 SECONDS HEST,
SICR:FH£D AT .AAGE PQW15, nNIS OF L'IIRYATURF, frOn-V Of
A DISLNCF OF 5.00 :TEES TO THE POW OF 6fG4WNG
TANCTACY, POINTS OF WCMAVC ANG F�JNTS Of 7F,91WATION AS TO
PRO140C DiE CONTWU00 SPEC,77fD N,DT.H ',YRCUOtWT
Notes:
I. This Exhibit ma% be replace M a land survey of the Premises once it is 'eceiyed b% Cenant.
2. An% setback of the Premises Gum the Property's boundaries shall be the distance required b% the applicable zo%ernmenial authorities.
3. Width ofaccess road shall be the midth required by the applicable governmental authorities. inCludin_ police and fire d,partment;.
4. The 0, PC. number and mounting positions and locations of antenna; and muismission lines are illustratiNc onl.'. Actual t%Pei. numbers and
mounting positions may yarx from Nhat is shows ahoye.
AT&T Initials:.
Landlord Initials:
ii28199
Option [_and
• EXHIBIT 2
DESCRIPTION OF PREMISES
Pal*e of �?
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-- -- ---
I . This Exhibit may be replaced by a laid survey of the Premises once it is received by -tenant.
2. Aw. setback of the Premises trum the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width ofaccess road shall be the width required by the applicable governmental authorities. including police and fire departments.
4. The type. number and mounting positions and locations ofantennas and transmission lines are illustrative only. ACtutd types. numbers and
mounting positions may vary from \\hat is shown above.
AT&T Initials:.
Landlord Initials:
15
5; wi9q
Option Land
Tel (480) 837-5750
Fax (480) 837-5805
E-mail billfarrell a()gwest.net
Law Offices of
William E. Farrell, P.L.L.C.
William E. Farrell
STAFF REPORT
TO: Mayor and Council
Town Clerk
FROM: William E. Farrell ��
Acting Town Mana
DATE: December 20, 2001
RE: Formation of New Committee
Developer Advisory Committee
Building A.
16838 E. Palisades Blvd.
Fountain Hills, AZ 85268
As you are all aware since becoming Acting Town Manager I have attempted to enable some change
to occur in the Community Development Department and the Engineering Department that would
be designed to streamline the plan approval process as well as provide accountability for the process
and ultimately a method wherein permits and applications could be tracked online by the applicant.
That process has been ongoing and it is anticipated that the initial results will be announced and
implemented in January of 2002.
Council member Frarverd has been discussing this issue with me since its inception and it is my
suggestion based on those conversations that the Council consider and appoint this evening a special
committee of the Council to examine the process and to examine those areas of the subdivision
ordinance and zoning code that are currently causing interpretation problems and/or bottlenecks in
the flow of permit approval.
This limited purpose committee would be formed by the Council and would have a relatively short
life span with several direct tasks and deadlines. The committee would consist of eight (8) members
and the meetings of the committee would be public. It is staff suggestion that the committee be
chaired by Council member Fraverd and that Town Staff members Jeff Valder and Jim Leubner
represent the Community Development Department and the Engineering Department. The Acting
Town Manager also recommends that Fire Chief Scott LaGreca be the fourth member of the
committee. The Fountain Hills Contractor's Association has agreed that they would provide four
(4) additional members, thus making a total of eight (8) committee members.
Z:\WPDATA\FH\DevelopmentCommitteeMEM.wpd
Staff Report
ILI Re: Formation of New Committee
Developer Advisory Committee
December 20, 2001
Page 2
The committee would be primarily responsible for identifying the areas within the
application process and the areas within the text of the zoning ordinance and subdivision ordinance
which seem to cause the most bottlenecks in time and confusion in understanding.
The committee would deliver its preliminary written report and receive comment from the
Town Council at the February 21 ", 2002 Town Council meeting. The committee would then return
to the April 18`', 2001 Town Council meeting and deliver its final report with recommendations for
initiation of amendments to both the subdivision ordinance and the Town Code that would then be
discussed and possibly acted upon by the Council. The committee would also make
recommendations for internal adjustments that the Community Development Director and the Town
Engineer could make in the process to help speed it up. The report to the Council could then be the
basis to initiate text changes should the Council so desire.
This committee would be a high energy assignment and it is suggested that Betty Brannon
of the Engineering Department be the committee secretary for the purposes of notice and minute
taking.
I feel that it is extremely important that there be some developer input into any significant
changes in the Community Development and Engineering Department. The cooperation level
between the past several months has, in my opinion, been better and there is a real awakening within
both the Community Development Department and the Engineering Department of thought
processes to speed up and more efficiently provide the services that development community
desires. Conversely there has been an extreme interest in the development community on assisting
the Town in this process. I am hopeful that this committee can deliver some quality work to the
Council which will further help encourage high quality development within the Town of Fountain
Hills and perhaps provide significant speed up in the approval process with enhanced authority in
the Community Development Director and the Town Engineer to deal with code interpretation
issues and have the authority to make certain adjustment at the Staff level.
I would be more than happy to attempt to answer any questions you may have and would
respectfully request that the Council consider by motion the formation of the committee with
participation by the four (4) individuals recommended by the Acting Town Manager.
0 Z:\WPDATA\FH\DevelopmentCommitteeMEM.wpd