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HomeMy WebLinkAbout110317P NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MARCH 17, 2011 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Council meeting. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Vice Mayor Dennis Contino Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R3-17-11\110317A.docx Last printed 3/10/2011 4:49 PM Page 2 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER – Mayor Jay T. Schlum 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38- 431.03(A)(7), discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sales or lease of real property (Specifically, a possible property exchange). 2.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Pastor Gary Emmons, Christ’s Church of Fountain Hills ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor will read a Proclamation declaring April 2011 “Volunteer Month.” 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. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. 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 Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 8 and March 3, 2011. 2. CONSIDERATION approving RESOLUTION 2011-11, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly and easterly property line of Plat 603-A, Block 2, Lot 1 (15202 E. Lotus Lane) as recorded in Book 196 of Maps, Page 28, Records of Maricopa County, Arizona. (EA11-01 Ragozzino) 3. CONSIDERATION of a SPECIAL EVENT APPLICATION for the MOVIE IN THE PARK sponsored by the Town of Fountain Hills to be held April 2, 2011, in Fountain Park. Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard. Z:\Council Packets\2011\R3-17-11\110317A.docx Last printed 3/10/2011 4:49 PM Page 3 of 3 REGULAR AGENDA 4. CONSIDERATION of APPOINTING one (1) citizen to serve on the Public Safety Advisory Commission for the remainder of a two (2) year term, beginning March 17, 201 1, and ending December 31, 2012. 5. CONSIDERATION of RESOLUTION 2011-10, approving a SECOND AMENDMENT to the Development Agreement with Pacific FH Resort, LLC. 6. CONSIDERATION of APPROVING PAYMENT to Tyler Technologies for past due annual software maintenance contract in the amount of $60,000 for FY 09/10 and FY 10/11. 7. CONSIDERATION of AUTHORIZING THE TRANSFER OF APPROPRIATION from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget to the Community Services Departments maintenance line items in the amount of $26,278, to repair Town recreation facilities. 8. CONSIDERATION of AUTHORIZING THE TRANSFER OF APPROPRIATION from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget to the Development Services Department facilities maintenance line item in the amount of $32,200 to repair Civic Center mechanical equipment. 9. DISCUSSION, CONSIDERATION AND POSSIBLE DIRECTION TO STAFF relating to the February 17, 2011, agenda item DIRECTING THE TOWN MANAGER to prepare the appropriate written notification documentation terminating the representation of the law firm of Gust Rosenfeld, P.L.C. for town attorney services, which was continued to the Work Study Session, held on March 8, 2011, at which no action was taken. The discussion may include, but is not limited to, the recent Arizona Attorney General’s report dated February 1, 2011. 10. DISCUSSION, CONSIDERATION AND POSSIBLE ACTION relating to review of all aspects of TOWN LEGAL SERVICES and POSSIBLE ALTERNATIVES. 11. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. None. 12. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 13. ADJOURN the Regular Session. DATED this 10th day of March 2011. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100 (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. NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MARCH 17, 2011 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Council meeting. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Vice Mayor Dennis Contino Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R3-17-11\110317A.docx Last printed 3/10/2011 4:49 PM Page 2 of 3 EXECUTIVE SESSION AGENDA CALL TO ORDER – Mayor Jay T. Schlum 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38- 431.03(A)(7), discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sales or lease of real property (Specifically, a possible property exchange). 2.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Pastor Gary Emmons, Christ’s Church of Fountain Hills ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor will read a Proclamation declaring April 2011 “Volunteer Month.” 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. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. 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 Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 8 and March 3, 2011. 2. CONSIDERATION approving RESOLUTION 2011-11, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly and easterly property line of Plat 603-A, Block 2, Lot 1 (15202 E. Lotus Lane) as recorded in Book 196 of Maps, Page 28, Records of Maricopa County, Arizona. (EA11-01 Ragozzino) 3. CONSIDERATION of a SPECIAL EVENT APPLICATION for the MOVIE IN THE PARK sponsored by the Town of Fountain Hills to be held April 2, 2011, in Fountain Park. Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard. Z:\Council Packets\2011\R3-17-11\110317A.docx Last printed 3/10/2011 4:49 PM Page 3 of 3 REGULAR AGENDA 4. CONSIDERATION of APPOINTING one (1) citizen to serve on the Public Safety Advisory Commission for the remainder of a two (2) year term, beginning March 17, 2011, and ending December 31, 2012. 5. CONSIDERATION of RESOLUTION 2011-10, approving a SECOND AMENDMENT to the Development Agreement with Pacific FH Resort, LLC. 6. CONSIDERATION of APPROVING PAYMENT to Tyler Technologies for past due annual software maintenance contract in the amount of $60,000 for FY 09/10 and FY 10/11. 7. CONSIDERATION of AUTHORIZING THE TRANSFER OF APPROPRIATION from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget to the Community Services Departments maintenance line items in the amount of $26,278, to repair Town recreation facilities. 8. CONSIDERATION of AUTHORIZING THE TRANSFER OF APPROPRIATION from the contingency expenditure line item within the Town Manager Division, Administration Department of the General Fund budget to the Development Services Department facilities maintenance line item in the amount of $32,200 to repair Civic Center mechanical equipment. 9. DISCUSSION, CONSIDERATION AND POSSIBLE DIRECTION TO STAFF relating to the February 17, 2011, agenda item DIRECTING THE TOWN MANAGER to prepare the appropriate written notification documentation terminating the representation of the law firm of Gust Rosenfeld, P.L.C. for town attorney services, which was continued to the Work Study Session, held on March 8, 2011, at which no action was taken. The discussion may include, but is not limited to, the recent Arizona Attorney General’s report dated February 1, 2011. 10. DISCUSSION, CONSIDERATION AND POSSIBLE ACTION relating to review of all aspects of TOWN LEGAL SERVICES and POSSIBLE ALTERNATIVES. 11. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. None. 12. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 13. ADJOURN the Regular Session. DATED this 10th day of March 2011. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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. 1413301.1 RESOLUTION NO. 2011-10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH PACIFIC FH RESORT, LLC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Second Amendment to Development Agreement (Fountain Hills Resort) by and between Pacific FH Resort, LLC, as successor in interest to FH Resort Developers L.L.C., and the Town of Fountain Hills (the “Second Amendment”) is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Second Amendment and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, March 17, 2011. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney 1413301.1 EXHIBIT A TO RESOLUTION NO. 2011-10 [Second Amendment to Development Agreement Fountain Hills Resort] See following pages. 1080894.8 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (Fountain Hills Resort) THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this “Second Amendment”) is made as of February 17, 2011 (the “Effective Date”), by and between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Pacific FH Resort, LLC, an Arizona limited liability company (“Pacific FH”), as successor in interest to FH Resort Developers, L.L.C., an Arizona limited liability company (“FH Resort”). The Town and Pacific FH are referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. The Town and Fountain Vista Properties, LLC, an Arizona limited liability company (“Fountain Vista”), are Parties to that certain Development Agreement dated March 3, 2003 and recorded at Document Number 2003-0365140 in the Maricopa County Recorder’s Office (the “Original Development Agreement”), as amended by that First Amendment to Development Agreement dated June 7, 2007, by and between the Town and Fountain Vista’s successor-in-interest, FH Resort (“FH Resort”), which was authorized by the Town Council by Resolution No. 2007-04 and recorded at Document Number 2007-0699965 in the Maricopa County Recorder’s Office (the “First Amendment”). The Original Development Agreement and the First Amendment are hereinafter referred to together as the “Development Agreement.” B. The Development Agreement governs the development of the property legally described on Exhibit 1A attached hereto and incorporated herein by this reference (the “Property”). C. Pacific FH has succeeded to the interest of FH Resort in and to the Property as well as its interest in the Development Agreement pursuant to that certain Trustee’s Deed Upon Sale by and between FH Resort, as Trustor, and Pacific Coach, Inc., an Arizona corporation (“Pacific Coach”), as Grantee, dated October 29, 2008 and recorded at Document Number 2008-0935968 in the Maricopa County Recorder’s Office and that certain Special Warranty Deed dated October 29, 2008 by and between Pacific Coach, as Grantor, and Pacific FH, as Grantee, and recorded at Document Number 2008-1042953 in the Maricopa County Recorder’s Office, true and correct copies of which documents are attached hereto as Exhibit 2A and incorporated herein by this reference. All references to the “Owner” in the Development Agreement hereinafter refer to Pacific FH. D. The Town and Pacific FH desire to amend certain portions of the Development Agreement on the terms and conditions set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, the promises and covenants set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Town and Pacific FH agree to amend the Development Agreement as follows: 1080894.8 2 1. R-4 Zoning Designation. The phrase “eliminating all R-4 zoning category uses from the Property” in Recital E of the First Amendment shall be deleted and replaced with the phrase “eliminating the R-4 zoning designation for the Property.” 2. Commencement of Construction Deadline. Section 10 of the Development Agreement is hereby amended to provide that the Owner shall commence construction with respect to the Resort as soon as market conditions permit and market demand supports such construction, but in no event later than the date that is five (5) years following the Effective Date of this Second Amendment. 3. Roadway Improvements; Traffic Signal. The Town and Owner agree that the Owner’s obligations to (a) complete any off-site roadway improvements and utility improvements and (b) install a traffic signal at the location shown on Exhibit 3 to the First Amendment at a time and in a manner acceptable to the Town Engineer, shall be required to be completed not earlier than the date on which the first permit is issued for construction on the Property. 4. Architectural Approvals. Section 12 of the First Amendment is hereby deleted in its entirety and replaced with the architectural requirements set forth in this Section 4. In addition to the requirements of Chapter 19 of the Town’s Zoning Ordinance and as soon as practicable following approval of this Second Amendment, the Owner shall submit to the Town for its approval such elevation drawings and architectural renderings deemed desirable by the Town, showing all of the building design characteristics for the Resort, including but not limited to, colors, architectural treatments and details, building massing and composition, building orientation, signage, monumentation, and surface treatments for exposed retaining walls. 5. Parking Requirements. The Parties hereby acknowledge and agree that pursuant to the findings set forth in that certain Fountain Hills Conference Resort and Spa Parking Evaluation dated October 2006, which is attached hereto as Exhibit 3A and incorporated herein by reference (the “Parking Evaluation”), a total of 665 parking spaces will be required and will be sufficient to meet the parking requirements for the Property if developed as approved in the site plan for the Resort dated April 6, 2007 (the “Approved Site Plan”). The Parties specifically agree and understand that, in the event the Approved Site Plan is modified in any way that will affect parking requirements, the Parking Evaluation shall be updated to address any such changes. Upon completion of the updated Parking Evaluation, the Town Council shall determine, in its sole discretion, whether additional parking may be required. If the Town Council determines that such additional parking is required, such amended requirements shall become a condition of approval of the Resort as if fully set forth in this Second Amendment. 6. Effect of Amendment. Except as otherwise contained herein, the remaining terms and provisions of the Development Agreement shall remain in full force and effect and are otherwise hereby ratified and confirmed. All capitalized terms used in this Second Amendment shall have the meanings ascribed to them in the Development Agreement unless otherwise indicated herein. In the event of any conflict between the terms and conditions of this Second Amendment and the terms and conditions of the Development Agreement, the terms and conditions of this Second Amendment shall control, unless a contrary interpretation is required by a particular situation or circumstance. 1080894.8 3 7. Entitlements. Notwithstanding anything to the contrary set forth in the Development Agreement, in consideration of the substantial expenditures by the Owner and in consideration of the substantial sales, hotel bed and board taxes to be generated from the Property from the construction of the Resort and the subsequent operation of the Resort on the Property, the Town shall not initiate a rezoning of the Property for a period of five (5) years from the Effective Date of this Second Amendment provided that Owner, its successors and assigns, are not in breach of the Development Agreement and so long as they have not violated the terms and conditions of the Approvals. Entitlements granted by ordinance # 07-06, PD2005-3, and SU 2005-5 shall remain in full force and effect for the entire time period in which this Second Amendment is effective. 8. Non-Default. By executing this Second Amendment, Pacific FH, on behalf of itself and in its role as successor to FH Resorts and as Owner of the Property, affirmatively asserts that the Town is not currently in default, nor has been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Development Agreement. 9. Counterparts. This Second Amendment may be executed in any number of counterparts, all of which together shall be deemed to constitute one instrument, and each of which shall be deemed an original. In addition, the Parties acknowledge and agree that facsimile signatures shall be deemed valid and binding, and thereafter, upon request of either Party, each Party agrees to deliver original signed copies of this Amendment to the other Party. 10. Waiver of Claims Pursuant to ARIZ. REV. STAT. § 12-1134 et seq. Pacific FH, on behalf of itself and all other parties having an interest in the Property, agrees and understands that the Town is entering into this Second Amendment in good faith and with the understanding that, if it acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Property from Pacific FH or other parties having an interest in the Property. Pacific FH agrees and consents to all the conditions imposed by the Second Amendment, including all stipulations adopted by the Town Council, and by signing this Second Amendment hereby waives any and all claims, suits, damages, compensation and causes of action Pacific FH may have now or in the future under the provisions of ARIZ. REV. STAT. §§ 12-1134 through and including 12-1136, as amended (but specifically excluding any provisions included therein relating to eminent domain) and resulting solely from the development of the Property consistent with this Second Amendment, the First Amendment and the Original Agreement (including all stipulations adopted by the Town Council). Pacific FH acknowledges and agrees that the conditions imposed by this Second Amendment (including all stipulations adopted by the Town Council) or a denial of the Second Amendment would not result in a reduction of the fair market value of the Property as defined in ARIZ. REV. STAT. § 12-1136. Pacific FH acknowledges that this Second Amendment may be adopted with stipulations imposed by the Town Council, in its sole discretion, prior to approval of the Second Amendment. Pacific FH agrees and understands that its waiver of claims as set forth herein shall be deemed to extend to cover any changes to the Second Amendment and all stipulations thereto as approved by the Town Council unless, not later than 48 hours following such Town Council approvals, Pacific FH notifies the Town, in writing, of its disagreement with such stipulation(s). In the event that Pacific FH timely notifies the Town of such disagreement, Pacific FH shall not be deemed to have waived claims with respect to only the stipulations imposed or revised by the Town Council prior to approval of the Second Amendment; provided, however, that if Pacific FH does not submit a separate waiver of such claims, in a form acceptable to the Town, prior 1080894.8 4 to close of business on the fifth calendar day following approval of the Second Amendment, then the Town may, after proper notice and hearing, rescind the resolution adopting the Second Amendment, and if rescinded by the Town Council acting in its sole discretion, this waiver shall act as a bar to a claim for diminished value based upon the rescinded Second Amendment. The foregoing waiver of claims shall not be effective and shall be of no further force and effect with respect to the Second Amendment in the event the Town Council disapproves the Second Amendment. 11. Conflict of Interest. This Second Amendment may be cancelled pursuant to ARIZ. REV. STAT. § 38-511. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year first written above. “Owner” PACIFIC FH RESORT, LLC, an Arizona limited liability company By: Name: Title: “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation By: Jay T. Schlum, Mayor ATTEST: Bevelyn J. Bender, Town Clerk 1080894.8 5 STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2011, before me, _______________________________, a Notary Public in and for said State, personally appeared Jay T. Schlum, the Mayor of the Town of Fountain Hills, an Arizona municipal corporation, for and on behalf of the corporation. WITNESS my hand and official seal. _________________________________ Notary Public My commission expires: ___________________ STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On , 2011, before me, _______________________________, a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the _______________________________ of Pacific FH Resort, LLC, an Arizona limited liability company, and that he, as such officer, being authorized to do so, executed the foregoing instrument on behalf of the company, for the purposes therein contained. WITNESS my hand and official seal. _________________________________ Notary Public My commission expires: ___________________ 1080894.8 EXHIBIT 1A TO SECOND AMENDMENT TO DEVELOPMENT AGREEMENT [Legal Description of the Property] Please see following pages. Wood, Patel & Associates, I1w. (480) 834-3300 www.woodpalel.com EXHIBIT! PARCEL DESCRIPTION Fouutaln ffilis Resort Lot 1 aud Tract A April 25, 2007 WP#052381.01 Page 1 Lot 1 and Tract A of Fountain Hills Resort as shown on the fmal plat recorded in Book 597, page 42, Maricopa County Records (M.C.R.), lying within Sections 20, 21, 28 and 29, Township 3 North, Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona. Containing 59.5852 acres, or 2,595,532 square feet ofland, more or less. Subject to existing rights-of-way and easements. TIlls parcel descriptiOn was prepared without the benefit of survey fieldwork and is based on the Final Plat of Fountain Hills Resort recorded in Book 597, page 42, M.C.R. and other client provided information. Any monumentation noted in this parcel description is based on said Final Piat. Y,\Parce! fucripiions\0523BLOJ Founlaro Hi!1l; Resort Lot 1 llud Trn.clA.(loc Wood, Patel & A.sociates, Inc. (480) 834-3300 www.woodpatel.com EXlmUT2 PARCEL DESCRIPTION FOllntain Hills Resort Lot 2 April 25, 2007 WP# 052381.01 Page I of2 That portion of Lot 1 of Fonntain Hills Resort as shown on the final plat recorded in Book 597, page 42, Maricopa County Records (M.C.R.), lying within Sections 20, 21, 28 and 29, Township 3 North, Range 6 East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the northerly most comer of said Lot I; THENCE along the northeasterly line of Said Lot I, South 39°25'44" East, a distance of 236.54 feet, to the POINT OF BEGINNING. THENCE continuing, South 39°25'44" East, a distance of 803.46, feet to the northeast COmer of said Lot 1; THENCE leaving said northeasterly line, along the east line of said Lot 1, South 04°00'42" West, a distance of 425 .00, to the southeast corner of said Lot 1; THENCE leaving said east line, along the southerly line of said Lot 1, South 71°19'44" West, a distance of 687.06 feet; THENCE leaving said southerly line, North 16°36'24" West, a distance of253.13 feet; THENCE North 73°33'17" East, a distance ofl04.92 feet; THENCE North 73°23'31" East, a distance of44.33 feet; THENCE North 74°03'03" East, a distance of20.29 feet; THENCE North 64°02'47" East, a distance of30.29 feet; THENCE North 49°38'22" East, a distance of 42.19 feet; THENCE North 41 °12'33" East, a distance of47.86 feet; THENCE North 35°29'04" East, a distance of37.33 feet; THENCE North 34°46'40" East,a distance of22.09 feet; THENCE North 23°47'58" East, a distance of7.86 feet; THENCE North 12°56'10" East, a distance of 10.86 feet; THENCE North 14°53'14" East, a distance ofl4.70 feet; THENCE North 15°45'33" East, a distance of 54.54 feet; THENCE North 15°06'10" East, a distanceof73.62 feet; THENCE North 15°17'09" East, a distance of 86.47 feet; THENCE North 14°56'35" East, a distance of36.15 feet; THENCE North 15°49'52" East, a distance of 48.18 feet; THENCE North 15°42'58" West, a distance of78.80 feet; THENCE North 15°27'21" West, a distance of65.26 feet; THENCE North 24°24'24" West, a distance of30.21 feet; THENCE North 29°39'30" West, a distance of41.96 feet; Parcel Descriptioll Fountain Hills Resort Lot 2 THENCE North 38°59'25" West, a distance of 4828 feet; THENCE North 46°52'00" West, a distance of 27.42 feet; THENCE North 54°40'55" West, a distance of 84_82 feet; THENCE North 52°33'13" West, a distance of 13234 feet; THENCE North 22°29' 11" East, a distance of 23.20 feet; April 25, 2007 WP# 052381.01 Page 2 of2 THENCE North 52°22'57" East, a distance of 194.44 feet, to the POINT OF BEGINNING. Containing 9.9121 acres, or 431,771 square feet ofland, more or less. Subject to existiog rights-of-way and easements. This parcel description was prepared without the benefit of survey fieldwork and is based on file Final Plat of Fountain Hills Resort recorded in Book 597, page 42, M.C.R. and other client provided information. Any monumentation noted in this parcel description is based on said Final Plat. Y;\Parctl Deu:riptions\0523SI.1}1 FouirtainHills Resort LOl2.doc 1080894.8 EXHIBIT 2A TO SECOND AMENDMENT TO DEVELOPMENT AGREEMENT [Assignment Documents] Please see following pages. 1080894.8 EXHIBIT 3A TO SECOND AMENDMENT TO DEVELOPMENT AGREEMENT [Parking Evaluation] Please see following pages. Fountain Hills Conference Resort and Spa Parking Parking Provide Resort Parking Surface Underground Garage Total Resort Parking Penthouse Parking Penthouse Garages Surface Parking Total Penthouse Parking Total Parking Provided Parking Needed Resort Parking Penthouse Parking Total Parking needed 138 450 72 8 588 80 668 585 80 665 Prepared far: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Tel : (480) 816 -5138 , I , , I , / , the CK Group, In c. _ 16448 N. 40th Slreet, Suite A C K Phoen ix, AZ 85032-3337 "roup. Ino . Tel: (602) 482-5884 October 2006 2006-35TE I Fountain Hills Conference Resort & Spa Pa rking Evalu ation -:0 ==~'": ::-:.=_ =~~=~~ __ =~., Prepared for: Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Tel:(480) 816-5138 Prepared by: Group . Inc. 16448 N . 40th Street, Suite A Phoenix, Arizona 8503 2-3 33 7 Tel : (602) 482 -5884 October 2006 2006 -35TE Table of Contents 1 .1 Background ................................................................................................ 1 1 .2 Study Objective ........................................................................................... 1 1 .3 Study Methodology ..................................................................................... 1 .2 DATA COLLECTION ..................................................................................................................................................... 4 2.1 Similar Resort Sites ...................................................................................... 4 2.2 Parking Occupancy Surveys ......................................................................... 4 2.3 National Parking Standards ......................................................................... 6 3 FINDINGS AND RECOMMENDATIONS ................................................................... 8 3.1 Findings ..................................................................................................... 8 3.2 Recommendations ....................................................................................... 9 APPENDICES Appendix A Excerpts from Circulation Report Appendix B Survey Questionnaires list of Figures Figure 1 Proposed Site plan .................................................................................... 2 list of Tables Table 1 Summary of Surveyed Resort Sites ................................................................. 5 Fountain Hills Conference Resort & Spa Parking Evaluation 1 INTRODUCTION This report documents findings of the Parking Evaluation conducted by the CK Group, Inc. (CK) for the proposed Fountain Hills Conference Resort & Spa development along Palisades Boulevard in Fountain Hills, Arizona. CK was retained by the Town of Fountain Hills to conduct an independent evaluation of the parking requirements for the proposed development. 1 .1 Background According to the site pion provided by Group West Companies, LLC, Fountain Hills Conference Resort & Spa is planned as a resort conference hotel with 233 guest suites, 22,500 square feet of conference space (including 12,500 square feet of meeting space and 10,000 square feet of ballroom space), approximately 6,500 square feet of restaurant/lounge, and other amenities such as entertainment decks, pools, and gardens. The resort also includes 36 penthouse units thai would be located in front of the project site. The site plan also shows a total of 506 on-site parking spaces including 138 surface stalls, 288 garage stalls, 72 penthouse garages, and 8 penthouse surface stalls. A conceptual site plan for the proposed development is shown in Figure 1 . Circulation Plan Report prepared earlier by Wood, Patel & Associates, Inc. in October 2005 recommends 474 total parking spaces for the development including 72 for the 36 penthouse units based on shored parking analysis. Excerpts from the Circulation Report are included in Appendix A. The Town's parking ordinance recommends that the off-street parking For a mixed-use development should be computed as the sum of parking requirements for various land uses computed separately, which yields a total parking space requirement of 870 spaces. 1.2 Study Objective The primary objective of this study is to conduct an independent evaluation of the parking requirements for the proposed development and recommend appropriate number of parking spaces required for the development. The study is intended to assisl the Town in making on informed decision before approval of the final plans of the development. 1.3 Study Methodology To fulfill the study objective of providing an independent evaluation of the parking requirements for the propased development, parking surveys were conducted 01 similar resort siles in Arizona. Seven (7) resort sites were selected for parking surveys based on their similarity (guest rooms, conference space, amenities) with the proposed project. While "sold Fountain & Spa Parking Evaluation CK 0"<~,,p. tl,,~. -f'.t /N(II'i'(.~ L18 SltrfiNt MVJ: ~JI Colt~Sufi, 424T.t..,1!M11o a ....... rwo 1.JFoIItfM,g(#III,..·~ 'S..,fo~$I.diJ itJ:T.u/Su.'6 , / , I , / I , , oI(.frlto(4tAl'-"f on,.,.ttW:J! .-" .... ~ , "JF.I.~ _____ -...-.-/'Om. "- .-" . I I , , -~--------------~------==:§~ . Source: Group West Companies LLC Fountain Hills Conference Resort & Spa Parking Evaluation 2 H(.1J't.l (i~nTROOMS(2JJ; ':Alir..4nJJ,'G !JO'~ I/U1snG 11f~1Volo' "-, e;(Jt3r ROO/ttJ: FinllmL S_r-. 1liwl'"", .. (f6) ~50SF~ ""J 5"'S"·s.J.~ (lPJ $SfJ$F ,w.., fWl1lOSFSitMJ p."",'IJ,u",;. IlII) ,feUs...,... {J~ JiJti$F hila Pi[.bl.r,wj' !12,'j(jtiO.'lFS,,~ fVIuj_~!i .. (flfJ;f'lIfjSl>'~"'" CMJ} ,'Ot"ilV> 7ivttJ , "-') J(~"""(Ldr.~ , r;nz,;.uttrJr.' ~ / -'-. , , / Figure 1 : Proposed Site Plan 'M" !l!_::K Group.ln<::. - out" events 01 the selected resort sites were impossible to capture given the timeframe for this study, an attempt has been made 10 conduct parking occupancy surveys during weekdays and weekends during maior activily periods. Interviews were also conducled over the phone with the resort staff regarding their parking problems. In addition, national parking standards including those published by the Institute of I ransportalion Engineers (lIE) and Ihe Urban Land Institute (UlI) were investigated to determine parking requirements for the proiect. Parking requirement recommendations for the proposed development were then made based on the parking survey results and the industry standard parking rates. Because of the unique characteristics of the penthouse units for possible long-term stays and layout on the site plan, the units are not included in the parking evaluation. II was assumed thai the proposed 36 penthouse units would be self-contained through the proposed 80 parking stalls. Founfain Hills Conference Resort & Spa Parking Evaluation 3 Ii,,, ~ <·",~up, 1""_ 2 DATA COLLECTION The data collection effort included selection of resort sites for parking surveys, phone interviews with resorts' representatives regarding their parking issues during major events, and parking occupancy surveys . In addition, the Institute of T ranspartation Engineers (lTE) and the Urban land Institute (UlI) parking standards were researched to investigate the parking requirements for the proposed project. 2.1 Similar Resort Sites Seven (7) resort sites in Arizona were selected to conduct parking surveys: three (3) in Scottsdale, one (1) in Carefree, two (2) in Tucson, and one (1) in Prescott. These sites were selected based on their similarity with the project site such as to the number of guest rooms, square feet of Iota I meeting space, ratio of guest rooms to square feet of meeting space, property type and other amenities. The proposed development has 233 guest suites with 22,500 square feet of total meeting/conference space. This calculates 10 9.91 as the ratio of guest rooms per 1,000 square feet of meeting space. The ratio of guest rooms to the Iotal meeting space was an important Factor in the resort sites selection process. Table 1 summarizes the size of meeting space, number of guest rooms, on-site parking inventory, other resort amenities, overflow parking provision, and existence of parking problems for the seven (7) resort sites selected For parking surveys. The information presented in Table 1 was obtained by conducting interviews over the phone with the resort representatives. Although every effort has been made to present accurate inFormation in the table, CK is not responsible for any misconstrued inFormation obtained From the resort staff during the interviews. Completed parking survey questionnaires are attached in Appendix B. Parking occupancy, at Four (4) of the seven (7) sites, is also presented in the table that will be Further discussed in Section 2.2. 2.2 Parking Occupancy Surveys While "sold-out" events at the selected resort sites were not possible to capture given the timeframe For this study, an attempt has been made to conduct parking occupancy surveys during weekdays and weekends during major activity periods. Of the seven (7) resorts only Four (4) resorts i.e ., Carefree Resort & Villas, Doubletree Paradise Valley Resort, Hilton Scottsdale Resort & Villas and Hyatt Regency Resort & Spa at Gainey Ranch were selected in the greater Phoenix Area to conduct parking surveys. Westward look Resort in Tucson and Prescott Resort ConFerence Center had no major events scheduled during the study period . The phone survey revealed that JW Marriott Starr Pass Resort & Spa in Tucson was experiencing severe parking problems during major events even though they utilize overflow parking. No occupancy survey was conducted at the resort site to validate the problem. Fountain Hifls Conference Resort & Spa Parking Evo/uation 4 Table I Summary af Surveyed Resort Sites Resort Characteristics Pa rking Chara cte ris tics Resort Name Meeting Rooms per Parking pe r Ove rflow Parking Gu est KSF of On-Site KSF of Parking Spa ce Rooms Meeting Other Amenities Parking Meeting Parking Occupancy ' Prob lems (KSF ) Sp a ce Spa ce Ex ists Exist Fou ntain Hills Resort 22.5 233 10.4 Bar, Confe ren ce Center, 426 18 .9 No N.A N.A (proposed) Res tauront, Spo Carefree Res ort & Vi ll as -34 465 13.7 Bar, Conferen ce Center , 240 7.1 No 4 2 .5% Ni l Carefree Restau rant, Spo Doub letree Parad ise 30 378 12.6 Bar, Conference Cen ter, 500 16.7 Yes 4 7 .0% Ra re Valley Resort -Scottsdale Restau rant, Spa Hilton Scotts dal e Res ort & 23 187 8.1 Bar, Conferenc e Ce nte r, 325 14 .1 Yes 75 .0% Freq uen t Villas -Scottsdale Res tau ra nt, Spa Hyatt Regency Re so rt & 35 490 14 .0 Bar , Confe rence Center, 900 25.7 No 44 .1 % Nil Spa -Scottsdale Res ta urant, Spa Westward Look Reso rt -20 244 12 .2 Bar , Conference Center, 470 23.5 Yes Not Rar e Tuc son Restaurant, Spa Co ll ec ted' Prescott Resort Conference 14 160 11 .4 Bar , Ca sino, Conference 527 37.6 No Not Nil Center -Prescott Center , Restau ran t, Spa Col lecte d' JW Marriott Starr Pass 88 575 6.5 Bar , Confe re nce Cente r, 500 5.7 Yes Na t Freq uent Resort & Spa -Tuc son Golf, Res tauran t, Spa Coll ecte d' Note: 1. Par king occupancy reported is the maximum occupancy over the study period 2. Parking occupancy survey not conduded since no major activity was reported during th e study period 3. Parking occupancy survey not conducted since parking issues became evident through phon e interviews Sources: Carefree Resort & Villos, Doubletree Paradise Valley Resort, Hilton Scottsdale Resort & Villas, Hyatt Regency Resort & Spa, Westward look Resort, Pres cott Reso rt Confe re nce Ce nte r, JW Marriott Starr Pass Resort & Spa, the CK Group, Inc. Fountain HiHs Coliference Resort & Spa Parki ng Evaluati on 5 O ctober 2006 ",. ,. =!-!" Group, Inc::. Parking O ccupa ncy surveys were conducted at the four (4) selected resorts between October 8 th 2006 and October 14th 2006. Table 1 al so shows parking occu pancy and th e total parking supply at the study resorts. 2.3 National Parking Standards In addition to the parking surveys conducted on the selected resort sites (documented in sections 2.1 and 2.2), national parking standa rd s in cluding those published by the Institute of T ranspartation Engineers (lTE) and the Urban land Institute (UlI) were researched to propose the parking requirements for the Fountain Hills Conference Resort & Spa . It should be noted that industry standards indicate that whenever a parking lot or a garage is occupied at 90% or above, such a facility is typically considered to be operating at capacity. In keeping with this standard, it is common practice to factor parking requirements estimated for parking facilities using the ITE and UU rates by 10 percent. This factor is typically used in the industry to ensure that the parking turnover can occur without causing drivers to circulate for long periods of time in search of a vacant parking space. 2.3.1 Institute of Transportation Engineers (lTE) The total number of patential parking spaces that will be required for the propased project was estimated based on the peak period parking demand rates published in the ITE Parking Generation (3,d Edition). Resort Hotel (lTE Code 330) type land use was used to estimate the parking requirement that provides parking demand rates with guest rooms as the only independent variable. This ITE land use category caters to the tourist and vacation industry and provides sleeping accommodations, restaurants, cocktail lounges, retail shops and often offers a wide variety of recreational facilities/programs (golf courses, tennis courts, beach access or other amenities). This land use , however, does not cater to the convention and meeting industry. Therefore, rates published by the ITE for Resort Hotels could easily underestimate the parking requirement for this project which is geared towards the convention and meeting industry. While the ITE average peak period parking demand for a Resort Hotel is 1.42 spaces per guest room, the 85th percentile parking demand is 1 .86 per guest room. It is prudent to utilize the 85~ percentile demand rather than the averoge demand, and further increase it by 10 percent for efficient traffic circulation . Using a parking demand rate of 1 .86 per guest room and increasing it by 10 percent will result in a parking requirement of approximately 477 spaces for the propased Fountain Hills Conference Resort & Spa project. Fountain Hills Conference Resort & Spa Parking Evaluation 6 2.3.2 Urban Land Institute (ULI) ULI Shared Parking (1983 Edition) provides parking characteristics for high quality hotels that are self contained and suppart amenities such as restaurants/lounges, banquet/meeting rooms, convention facilities, and guest rooms. UU provides a breakdown of parking demand for each of the major hotel companents including guest rooms, restaurant/lounge facility, banquet/meeting rooms, and convention facilities. The following are the ULI peak parking rates for various hotel components: o Guest Rooms -1.0 space per room o Restaurant/lounge Facility -10 spaces per thousand square feet o Banquet/Meeting Rooms -0.5 space per seat o Convention Facilities -30 spaces per thousand square feet The following assumptions were made for the activity level of major companents of the proposed Fountain Hills Conference Resort & Spa based on the information obtained from the candidate resort sites surveyed for this study and documented in sections 2.1 and 2.2: o Convention Facilities -30 percent of the conference guests are shuttled in and out of the project site using on-site shuttle service o Guest Suites -25 percent of the guest suites are occupied by the guest not attending the con ference o Restaurant-25 percent of the visitors 10 the restaurant are not staying at the resort The abave stated peak parking rates from UU and activity level assumptions for the major components of the proposed resort, along with a 10 percent upward adjustment for efficient traffic circulation, was estimated 10 yield 604 spaces for the proposed project. Fountain Hifls Conference Resort & Spa Parking Evalualion 7 :3 fiNDINGS AND RECOMMENDATIONS 3.1 Findings o The proposed development is a resort conference hotel with 233 rooms and 36 penl house units. o The proposed development consists of 22,500 square feet of conference space that includes 12,500 square feet of meeting space and 10,000 square feel of ballroom space. A total of 506 on-site parking spaces including 138 surface stalls, 288 garage stalls, 72 penthouse garages, and 8 penthouse surface stalls are proposed. o The Circulation Plan report prepared by Wood Patel & Associates in October 2005 recommends that the proposed 506 parking spaces would be adequate For the development since the site would allow shared parking belween different land uses. However, based on the Town of fountain Hills Parking Ordinance, the proposed development will be required to provide 870 parking spaces. o A study of seven (7) resort siles, which are similar 10 the proiect site, revealed that resorts with more than 25 parking spaces per thousand square feel of meeting space typically does not experience parking shortages during maior events. o Four (4) of the resort sites surveyed revealed parking occupancy belween 43 and 75 percent under moderate activity levels. o National parking standards such as the Institute of Transportation Engineers (lTE) and the Urban land Institute (UlI) reflects porking requirements of 476 and 604 spaces, respectively, nol including the proposed 80 spaces for the penthouse units. The ITE land use category (Resort Hotel) caters more to the lourist and vacation industry rather than the convention industry. Because the proposed Fountain Hill Conference Resort & Spa is geared to the convention and meeting industry, it is intuitive to see how the rates published by the ITE Parking Generation for Resort Holels could easily underestimate the parking requirement for this project. On the other hand, given the similarity belween the functionality of the UU defined Hotel land use and the proposed project, the parking generation rate recommended in the UU Shared Parking was considered more appropriate for estimating parking requirement for this proiect. Fountain Hills Conference Resort & Spa Parking Evoluotion 8 3.2 Recommendations The final recommendations are based on the parking surveys and review and evaluation of national parking siandards. Due to Ihe facllhal similar resort sites in Arizona are operating acceptably with slightly more than 25 spaces per thousand square feel of conference space, it can be concluded thai a parking ralio of 26 spaces per thousand square feet of conference space would potentially make the project site self-contained. This yields a parking requirement of 585 stalls above and beyond the proposed 80 stalls for the penthouse units. Although the parking requirement of 585 spaces is slightly less than that estimated using the UU rates (604 spaces), the evidence of acceptable operation from similar resort sites formed the basis for this conclusion. Therefore, it is recommended that a total parking requirement of 665 spaces be conditioned for the Fountain Hills Conference Resort & Spa. To avoid any possible future parking spillover onto surrounding roadways, including Palisades Boulevard, it may be prudent for the proposed development to establish an overflow parking contingency plan. Such a plan may include provisions to shuttle guests from a nearby remote parking 101 to the resort during a "sold-oul" evenl. Fountain Hills Conference Resort & Spa Parking Evaluation 9 Appendix A Excerpts from Circulation Report Fountain Hills Conference Resort & Spa Parking Evaluation Parkihg for the !lite was emmmed fur thehotel,itssuppertinguses, and the penthousel.lll:its b~si!d 00 rates specified by the Towil. of FOm'ltain Hills, 'lIS presented hi E:xI1ibit 10. AccCll'dirtgly, the rawj'Jll1'king derriandfur the entire devel<ipment is 87{)parlting~-ifthe vmaus\lSes'withfuthe del(eloprnfmtwere si:and,alooe .faoilities With no sharing' of :parking!lpllces. However. it is anticipated .that peak parldng demand for 1I1ll.l5eswitllfu the. development wllinofoccur at the same ·time, thenlby.a:Jlowing 'sharing of parkiil~ spilCl:sbetWeentheJand -uses . . Basedon infunna:tioo from.theCliel'lt,Shared p~:g demand was detmnined for three scenarios as follows: • Scenario I is defin.edaa an resltlentiaJUllits being ,occupied, and ruIhote! ro\)msbeingcoccupied fur.3 conference with SO% of the botei. guest usiqg, 'the on.Siteshuttle serviCe. Furthei:. thl!ltCisno eVent in tbebitllfoom.. • 'Scenatioll is defihed as aU residential unitsbeingoe.cupied, mtd.aIlhotel rooms befugOccupied fOr a.eonfurence withnohotelguest!!usmg on..sites'hultlesemce. Further. there is·noev:entin the ballroom. • ScerumomiS'deflnedaaallresidentilllunitsbe1rig oCGllpied, and allhiltelroomsbemg l)Ccupied fora ClIlnference·with So?,4,guest$USing~,on~teShuttlesetllice. Further, the.balliootnisbeing (Iccupiedfor:an event It is antlriipatedthat 349parldng spaces will be requiXed. fOr S¢etlario I,46$paridng .spa.cesWill be .reqlrit:ed for Scenario n,and 474 spllces'WI11 be required fur SCenario -m. The detailed analysis is ~ilIJjJxhibitlQ. Based'OIl theanalY$is, Scenario m. pemtes -the-w:x.it:mun parkil1gdemand. It:i!! ·tlierefore:re.commended that a.minimum Qf414psrIting'spaces shQuld be proVided to acool'llttlooate Bite .parkingneeds.. The pmpcsed.500 p'11'king.SPllCCS woaldadequately meet this. demand. 17 F'olU,litlJlHlIIs CoHforeiietJi1!5IJrl& Spa ClrC/lm/io1tPlall WP If!jS2&8LOJ WOODIPA,l'EL ProJElct: Fountain HiIJ$ Resort !.pGatlop: Phoenix; Arizona Date: 1112105 E!ii'r.>rl .... ·· •. 1iI·····~·· ., EXHIBIT 10: ONoSIT!:! PARKING ANALYSIS 50% 50% WJP;,J.rtJ: OsmJ1,01 !::ng!neer. Mhlsh Sebnekar •. PE Analyst CllllltanJI. Jhaverj,I;tIT Exploration of Town Legal Services Provide an objective analysis of recent legal services and viable options. Town Attorney expenses $0 $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 Town Attorney Town Attorney Plus Outside Legal*Extrapolated 2008-09 Town Attorney Costs by Category General Rep. Contract Rev. Election IGAs Plan/Zone All Other $11,000 TOTAL $242,211 $144,480 $44,000 $17,500 $7,500 $17,750 General Rep. Solid Waste Contract Rev. Plan/Zone Risk Management IGAs Lakeside Nichols/Sons All Other TOTAL $202,233 $114,000 $18,500 $18,000 $17,750 $13,500 $7,500 $5,500 $5,000 $4,500 2009-10 Town Attorney Costs by Category How do we compare Survey of six comparably sized communities Per capita town attorney expenses $0.00 $5.00 $10.00 $15.00 $20.00 $25.00 $30.00 Fountain Hills Payson Prescott Oro Valley Queen Creek Maricopa Apache Junction In House •Create internal legal function •Continue contracting with outside firm Salaries *$195,000 --Attorney ($115,000) --Paralegal ($ 45,000) --Secretary ($ 40,000) Benefits $ 58,500 Outside Legal $ 50,000 Supplies (includes BS&M) $ 25,000 Internal Support and Charges $ 5,000 Meetings $ 6,500 Total (excluding one-time start-up expenses)$340,000 *based on municipal employment survey Pros •Singular attention to Town issues •On-site staff/council availability •Costs not as sensitive to issues/time Cons •Some loss of legal institutional knowledge/history •Higher costs: -Increased rate associated with specialized legal services, single Town Attorney cannot address all issues -Higher annual budget to support in-house legal division •Create internal legal function •Continue contracting with outside firm Pros •Maintain legal costs near current level •Access to firm specialists and support staff •Ability to change firm or primary attorney Cons •Costs will always be subject to the volatility/complexity of issues •Very difficult to control annual budget for legal services Redacted Redacted Redacted Redacted