Loading...
HomeMy WebLinkAbout2003.0904.TCRM.Packet1*q. `ftl IN 3 40 '40,bat is Ar►ipo NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman Mike Archambault Councilman John Kavanagh Vice Mayor Susan Ralphe WHEN: THURSDAY, SEPTEMBER 4, 2003 TIME: 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B 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 public discussion of that agenda item. The Clerk will indicate when speaker cards are no longer being accepted. After a motion regarding an agenda item has been made, seconded, and discussed by the Council, the Town Clerk will call the names of those who completed a speaker's card. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Speakers' names will appear on the overhead screen. At that time, speakers should stand and approach the podium in the order listed. Speakers are asked to state their name prior to commenting and to direct their comments to the Chair and not to other Councilmembers or staff. Speakers' statements should not be repetitive. Individual speakers will have three minutes from the time they are recognized. If representing a specific group or more than three minutes are needed, contact the Town Clerk prior to the beginning of this meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL TO ORDER AND ROLL CALL.— Mayor Nichols • PLEDGE TO THE FLAG — Mayor Nichols • INVOCATION — Mayor Nichols LEGISLATIVE UPDATE - Representative Colette Rosati RECOGNITION ITEM — Mayor Nichols to read a proclamation declaring the month of October as "McDowell Mountain Month". He will also read a proclamation recognizing September 15, 2003 as the Yavapai Nation's 100 year birthday E:\ClerkWGENDAS\REGULAR\2003\Regular Session 9-4-03.doc Page 1 of 3 Last printed 8/29/2003 12:12 PM 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 8/12/03 and 8/21/03. *2.) Consideration of approving the LIQUOR LICENSE application submitted by "Mike's at the Fountain" located at 16872 Avenue of the Fountains. The application is for a Class 12 license. *3.) Consideration of the SPECIAL EVENT application submitted by the Chamber of Commerce for the Thanksgiving Day Parade scheduled to be held from 9:00 a.m. to 11:00 a.m. on Thursday, November 27, 2003. *4.) Consideration of the SPECIAL EVENT application submitted by the Chamber of Commerce for the Fountain Festival scheduled for Friday, Saturday and Sunday, November 14, 15, and 16, 2003 from 10:00 a.m. to 5:00 p.m. The event will require the closure of Saguaro Boulevard from El Lago to Parkview and the Avenue of the Fountains from Saguaro to La Montana. *5.) Consideration of the SPECIAL EVENT LIQUOR LICENSE submitted by Bruce Thulien for the Veterans of Foreign Wars, Post 7507, 15759 Mustang Drive. The request is for a fund raiser to be held in conjunction with the Fall Festival scheduled for November 14 through 16, 2003, from 10:00 a.m. to 6:00 p.m. *6.) Consideration of the SPECIAL EVENT LIQUOR LICENSE submitted by Bruce Thulien for the Veterans of Foreign Wars, Post 7507, 15759 Mustang Drive. The request is for a fund raiser to be held in conjunction with the Great Fair scheduled for February 27 through 29, 2004, from 10:00 a.m. to 6:00 p.m. *7.) Consideration of RESOLUTION 2003-51 approving the IGA with Maricopa County regarding the use of County animal shelters. *8.) Consideration of RESOLUTION 2003-48 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located the westerly property line of Lot 10, Block 2, Plat 505C (16432 N. Kim Drive) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona, with stipulation. EA03-11-Steve Reiner. *9.) Consideration of RESOLUTION 2003-52 repealing Resolution 2003-34 and abandoning the Final Plat of Coyote Run as recorded on Book 381, page 33, of the records of Maricopa County, Arizona. *10.) Consideration of RESOLUTION 2003-44 amending the adoption agreement for the ICMA Retirement Corporation Prototype Money Purchase Plan. *11.) Consideration of RESOLUTION 2003-45 amending the adoption agreement for the ICMA Retirement Corporation prototype Money Purchase Plan and Trust for the Town Manager. *12.) Consideration of RESOLUTION 2003-46 amending the adoption agreement for the ICMA Retirement Corporation 457 Deferred Compensation Plan. E:\Clerk\AGENDAS\REGULAR\2003\Regular Session 9-4-03.doc Page 2 of 3 Last printed 8/29/2003 12:12 PM n *13.) Consideration and possible approval of a TOLLING AGREEMENT AND STANDSTILL AGREEMENT relating to the LGIP lawsuit against NCFE. 14.) Consideration of the FINAL PLAT for Parcel 9 at Eagles Nest, a 26 lot single family subdivision of 48.71 acres located in the central area of the Eagles Nest Final Plat, Case #S2002-27. 6:45 P.M. 15.) Consideration of RESOLUTION 2003-47 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northwesterly and southerly property lines of Lot 10, Block 3, Plat 206 (16515 Lost Arrow Drive) as recorded in Book147 of Maps, Page 2, Records of Maricopa County, Arizona, with stipulation. EA03-10 - Deerefield Homes Ltd 6:50 P.M. 16.) Consideration of a CUT AND FILL WAIVER to permit 16-foot maximum cuts for the development of a single-family residence located at 14520 N. Quartz Court aka, Final Plat Shadow Canyon at Sunridge Canyon Lot 11A. Case Number CRW2003- 05. 7:00 P.M. 17.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 7:10 P.M. 18.) CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to :the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda. 7:15 P.M. 19.) SUMMARY of Council requests reviewed by the Town Manager. 7:20 P.M. 20.) ADJOURNMENT. DATED this 29 h day of August, 2003 Bevelyn J. Bendpt, ToWi Clerk v 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. E:\Clerk\AGENDAS\REGULAR\2003\Regular Session 9-4-03.doc Page 3 of 3 Last printed 8/29/2003 12:12 PM TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR WHEREAS, the preservation of the McDowell Mountains and the Sonoran Desert has been established as a high priority of the Town of Fountain Hills and its citizens; and WHEREAS, it is the desire of the Town of Fountain Hills to celebrate the unique environment of its new Preserve; and WHEREAS, it is also the intent of the Town of Fountain Hills to raise awareness regarding the need to preserve these valuable treasures for future generations; and WHEREAS, the Fountain Hills McDowell Mountain Preservation Commission has planned several events including public assemblies and scheduled hikes; and NOW, THEREFORE, I, Wally Nichols, Mayor of the Town of Fountain Hills, Arizona, do 12ereby declare the month of October 2003 as: f "McDO WELL MO UNTAIN MONTH" in Fountain Hills and call upon all citizens 4 ,take a moment during the ate the beauty o t m it month to appreciate J f � J treasure. Wally Nichols, Mayor Bevelyn J. Boider,;fmon Clerk TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR WHEREAS, the Fort McDowell Yavapai Nation lies adjacent to and has a relationship of common interests with its neighboring community of the Town of Fountain Hills; and WHEREAS, on the 15' day of September, 1903, the Fort McDowell Yavapai Community was created by Executive Order signed by United States President Theodore Roosevelt; and WHEREAS, one hundred years ago the Yavapai people received federal recognition as a tribe and was established as the Fort McDowell Indian Community, now called the Fort McDowell Yavapai Nation; and WHEREAS, the Town of Fountain Hills would like to formally commemorate Fort McDowell Yavapai Nation's one hundred years of struggle and success. NOW, THEREFORE, I, W. J. NICHOLS, MAYOR of the Town of Fountain Hills, Arizona, do hereby urge all citizens to join me in celebrating with our neighbors, the Fort McDowell Yavapai Nation, in their Centennial Day Celebration on Monday, September 15, 2003. Signed tlus 4th day of September, 2003: W. J. Nichols, Mayor, Fountain Hills, AZ Attest: Bevelyn Bender, Town Clerk Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 9/4/03 Contact Person: Bender Requesting Action:❑ TVne of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Draft minutes Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda wording: Consideration of approving the meeting minutes of 8/12/03 and 8/21/03 Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To approve the meeting minutes for archival purposes. List All Attachments as Follows: Draft minutes from 8/12/03 and 8/21/03 Type(s) of Presentation: None Signatures of Submitting Staff: Department Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date; 9/4/03 Contact Person: Tom Ward Requesting Action:® TVAe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the liquor license application submitted by Mike's at the Fountain located at 16872 Avenue of the Fountains. The application is for a Class 12 license. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Maricopa County Sheriffs Office based on a background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Ward memo, Sheriffs memo, application front page Type(s) of Presentation: Signatures of Submitting Staff: A/4 Department.Head--� .a '63 Town Manager Budget Review (if item not budgeted or exceeds budget amount) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007 Tucson AZ 85701 (602) 542-5141 x (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION C 11VTOWN OF Fountain Hills STATE APPLICATION NO. 12075569 COUNTY OF Maricopa ARIZONA. Y/TOWN/00UNTY NO ORDER NO. At a Regular meeting of the Town Council (Regular or Special) (Governing Body) of Fountain Hills of the Gily/Town/GauXyx held on the 4 t h day of September ,2003 the (Day of Month) (Month) (Year) Application of Virginia Haddad for a license to sell spirituous liquors at the premises described in Application No. 12075569 , License Class # 12 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Virginia Haddad is hereby recommended for (approval/dimppfe\eo a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. C�TVTOWN/CICUNTY CLERK DATED AT Fountain Hill This 4th day of September , 2003 (Day of month) (Month) (Year) " Disabled individuals requiring special accommodations please call the Department lic 1007 08197 ARIZONA DEPARTNIENT OF LIQUOR LICENSES & CONTROL 800 W Washington Sth Floor 400 W ConoTess #150 Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602) 542-5141 u (520) 628-6595 AFFIDAVIT OF POSTING Date of Posting: 8 / 5 / 0 3 Date of Posting Removal: 8 / 2 5 / 9 3 Applicant Name' Haddad Virginia I First Middle BLLS1neSS Address' 16872 Ave. of the Fountains Fountain Hills, AZ 85268 Street city Zip License #: 12075569 I hereby certify that pursuant to A.R.S. 9 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Bevelyn J. Bender Town Clerk Print Name of City/County Official Tide 480-837-2003. x115 Telephone # 9 �4D-�) Date signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 `, Lk,0119 03n999 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 27, 2003 FR: Tom Ward Director of P li�Vorks RE: Mike's at the Fountain Liquor License Application Virginia Haddad and Ptolemeos Korvessis are requesting Council approval of a new Class 12 liquor license for Mike's at the Fountain located at 16872 Avenue of the Fountains. A Class 12 license is for restaurant use only. Statute requires that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. Public Works and the Maricopa County Sheriff's Office have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. The applicants are Arizona residents with no outstanding wants or warrants. The applicants have applied for and received a Fountain Hills business license. Based on statutory compliance and a favorable recommendation from the Sheriff's Office, staff recommends approval. •s Mike's At The Fountain License Application.doc Page 1 of 1 MARICOPA COUNTY SHERIFF'S OFFICE Memorandum To: Tom Ward From: Galen Reifschneider #960 DIRECTOR OF PUBLIC WORKS ADMIN./COMMUNITY ` FOUNTAIN HILLS RELATIONS DEPUTY Subject: Liquor License — Mike's Rigatoni Bistro Date: August 27, 2002 M. Aroaio. Sheriff The purpose of this memorandum is to provide an endorsement of the attached liquor license application for Mike's Rigatoni Bistro located at 16872 Avenue of the Fountain. Background Investigation: This application is for an existing Class 12 liquor license under the specifications of ARS 4-205.02. A Class 12 license is for restaurant use only. The statues require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. An inspection of the diagram provided, clearly shows that the establishment will primarily be devoted to the service of food. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. The applicants, Virginia Haddad and Ptolemeos Korvessis are Arizona residents under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for either party. Recommendation: Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicants are Arizona residents with no wants or warrants, and there is a current Fountain Hills business license on file, I recommend approval. 5000-135 R10-93 (MW97 v1.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL A°° =-` 800 W Washington Sth Floor 400 W Congress # 150Tucson AZ 85701-1352 Phoenix AZ 85007-2934G" (602) 542-5141 N LC (520) 628-6595 APPLk�rjt'TQA1�IQ,fJ0A lfCr,�ISE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners Agents Partners Stockholders Officers or Managers actively involved in the day'i� day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. '/Gz 7- - - a c7 SECTION 1 This application is for a: SECTION 2 Type of ownership: > jNTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section 6 5KNEW LICENSE Complete Sections 2, 3, 4, 13,14,15,16,17 ElINDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4,11, 13,15,16, 17 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13,15,16, 17 ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13,15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10,13,15,16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: Type of License: 2. Total fees attached: S APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ECTION 4 Applicant: (All applicants must complete this section) Mr. 1 , V1 R � ( /Vjt 1. Applicant/Agent`sName:� ��3)� _ (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Parhiership/L.L.C.: (4 • K, F 0 0 2 5 L.. L, L (Exactly as it appears on Articles of Inc. or Articles of Org.) i 3. Business Name: M I K E S 1 t G 14T 01V-) T3 ( ST%Z O (Exactly as it appears on the exterior of premises) 4. Business Address: [Gt7A Avg NuC 0 F -Tt E FO Uu TA lly, � ; AIM I d0, {g— (Do not use PO Box Number) City OUNTY Zip 5. Business Phone: ( -mi noo Residence Phone: ( j�) 4 %,� f 33 Ll 6. Is the business located within the incorporated limits of the above city or town? f YES ❑NO qq 7. Mailing Address: 0 'BG 17•Y C ys - LN �Lo91'+ A -2 � S 38oC City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY Accepted by. t Date 1 L / ✓! l ! Lic. # 1t-'267 f)5-& Fees: <�'� !�� `10 - S C� 70 Application*Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF TtIE LICENSE. W 1 L1C 0100 05/2003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. ARIZONA DEP ` Rrr %LENT OF LIQUOR L.ICE.NvT- 4z CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 r1l -LC 0(520) 628-6595 ATIO F?1� JIQUOR INCENSE 'E OR PR7�4TT J�INK Notice: Effective Nov. 1, 1997. All Ow Operations of the business must attend five years. See page 5 of the Liquor Li SECTION I This application is for ❑ INTERIM PERMIT Complete Section11111 1❑ NEW LICENSE Complete Sections 2, ,, , 14, 15, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 25, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DNORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 3 Type of license and fees: LICENSE #: or provide proof of attendance within the last 2 Type of ownership: ❑ J.T.W.R.0.S. Complete Sectom: 6 ❑ INDIVIDUAh Complete Section 6 ❑ PARTNERSHIP Complete Section 6 ❑ CORPORATION Complete Section 7 ❑ LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete .Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain T5Te of License: 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) Mc 1. Applicant/Agent's Name: Ms. Qnsert one name ONLY to appear on license) Last First Middlc 2. Corp. /Partnership/L. L.C.: - - (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: � IK� ; ft T !;4F F7Q U V i //✓- (Fxactly as it appears on the exterior of premises) 4. Business Address: (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: (_ j Residence Phone: 6. Is the business located within the incorporated limits of the above city or town? OYES ❑NO 7. Mailing Address: ._ City State 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) zip PlEf ARTN ENT USE ONLY Accepted by: Date: Lic. # Fees: $ -- Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXV�UTKI.V V11 nAVS, AND C1AQTJN1STANCU-5 VF LKN sans ULA aN .a w+�� wK •+'ru. uv ..-u.v..,.. Y'OU ARr CAVIIONS.D REGARDING PLANS MR A GRAND OPUNING, ETC., BEFORE VJNAL API'ROvAL AND ISSUANCE OF THE LICENSE. LTC o104 I 2000 {Disabled individuals requiring special accommodation, please call (602) 542-90Z7. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 ` LC (520) 628-6595 , 72-) APPLE 01jtTPI,bIQf.J0,2I4Cf1SE "0 TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders, Officers, or Managers actively involved in the d4;w operations of the business must attend a Department approved liquor law training course or provide proof of attendance within tlast five years. See page 5 of the Liquor Licensing requirements. le�f- 0'- S -0 a SECTION I This application is for a: SECTION 2 Type of ownership: t `ow r\ 7-C- 9-�(-0 3 NTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section 6 WEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4,12, 13,15, 16,17 ❑ CLUB Complete Section 8 ❑ PROBATEIWILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13,15,16, 17 ❑ OTHER EXp ' lain �� SECTION 3 Type of license and fees: LICENSE Type of License: j Q 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) V%w, ECTION 4 Applicant: (All applicants must complete this section) 1 1 (Z� I. Applicant/AgentMr. Vl(Nlj4'sName: (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L. C.: 14, K. F CO o D S L• L, C- a (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: m 1 K L S R 1 G a-c Ol-rl /I (Exactly as it appears on the exterior of premises)y l j 4. Business Address: [(oOA AV1= NuC OP 74E FO UW TA IN'S ���; (►?F3R I t`'( /� {}- $5�6� (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: 09 00 Residence Phone: ( j1) L� J j 33� 6. Is the business located within then incorporated limits of the above city or town? %YES ONO q 7. Mailing Address: S90 3 0 . , C- T Y �L y S r 1 /V �L-d /� 14 A 2 City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) DEPARTMENT USE ONLY Accepted by: .( Date IL/ ! ✓< Lic. # Fees: 04�1 Gam- t ! ' 76 - $ Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. Fill I 11ft'LIC 0100 05/2003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. 'SECTION 7 Corporation/Limited LiabilityCo.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. L.L.C. Complete questions 1, 2, 4, S, 6, 7 and attach copy of Articles of Ora and Operation Agreement 1. Name of Corporation/L.L.C.: Al. K, Y'5'0('P,I L L- C _ FA (Exactly as it appears on Articles oflLakrLV6es of Org.) 2. Date Incorporated/Organized✓ State I It corporated/Organized: % 4 z Tt 3. AZ Corporation Commission File No.-,- 9 JUL , 1 Date authorized to do business in AZ:' (, 4. 1Z L.L.C. File No j �� Ono Date authorized to do business in AZ- / 5. Is Corp./L.L.C. non-profit? ❑ YES ONO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: Last First Middle Title Residence Address Citv State 7in 1 1 1 V l C 65 6 Gt l AVE, Po i A-z _ KOATeSst P v(_Eryt o 9303 W, 1 &77 E1-' SE (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: Last First Middle % Owned Residence Address City State 7in I t Vlkc- °1° 76 Wa7wfrc( 14V noR 114 14 z 9S38 I oAvr±ssl P-ro �� 3 4) 66TEX FL115F 1-4' 19ogld AZ 9,032_ % (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members- disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Club Charter or Bylaws) 2. Is club non-profit? ❑ YES ❑ NO If tax exempt, give IRS tax exempt number: 3. List officer and directors: Date Chartered: (Attach a copy of Club Charter or Bylaws)) Last First Middle Title Residence Address City State Zip (ATTACH ADDITIONAL SHEETS IF NECESSARY � 1 3 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number: jb@ ,lUL 111 /a r Last Renewal Date: 4. What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in -state applicants: - -> W�5 f70QY_r1q1,V i4tLLs E-41d,1; SCA400 L 1. istance (Res to nearest school: ft. Name/Address of school: ess of distance)' j�j� ... Az 2. istance to nearest church: =4—ft. Name/Address of church: H pf�/�1I D7b�L D p ILLS C4ulq Cq egardless of distance) l6 ISO LC" . EL. /,AGo (34!2 . FW LW 241-LL S 3. I am the: U'L'ESSEE ❑ SUBLESSEE ❑ OWNER ❑ PURCHASER (of premises) 4. If the premises is leased give lessors name and address: LLC - UL147)I mdR q U ZOAc14 13 Olt/ N', 56a_(tA$D 13La dta9J2 )f0Wy74-1N 4a. Monthly rental/lease rate S What is the remaining length of the lease? 4b. What is the penalty if the lease is not fulfilled? $ 631lo gg or other Yrs mos. (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? Does any one creditor represent more than 10% of that sum? ❑ YES XNO If yes, list below. Total must equal 100%. Last Fast Middle % Owed Residence Address City State Zip (ATTACH ADDMONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) RCSTA) P A ff _7 - 7 . Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES XNO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? ❑YES XNO 9. Is the premises currently 4censed with a liquor license? MYES ❑ NO If yes, give license number and licensees name: l�(77516� MARiuCcl Qmg-p-r t,I.FII,/,t4I'1 (License #) (Exactly as it appears on License) fir► "r t 5 SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES ❑ NO If yes, give licensee's name: MAA-T k a j kou&r LtilLUM n I r and license #: 75 Last First Middy" 2. If the answer to Question 1 is YES, you may qualify for an Interim Perm to gper�� ckhike your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this apt(' i Ih�� 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: Entrances/Exits Liquor storage areas ❑ Drive-in windows Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. 4�;f7J Sf= 1,vC l TtV& P417L0 DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. fAd YOU MUST NOTIFY ,THE, DEPARTMENT OF LIQUOR OF ANY CHANGES OF , BOUNDARIES, `-ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. C-1 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous 1. CfltUYIr P,1- CRILL I,� 2. Zr4PILLA I C S3AR f (=R t L L 4- lA 3. AS* S 1 t 0 4. e^CiY-MiN 9Owe -0 D6 5. A LI' d k (b/ LM— 1 1V - 14 6. &AMO 94GDON 7. S 1 -VCK '��l $ Q 8. 144 AA C40VA c,> s-rAU9 rr Q s. C/+ P I A zz,4 >2 1o.1IiWG&' JOW3 1; 11, USco /0 12. 561-AM/ /0 13.C44UlAN 0r7N� 14 15. (ATTACH ADDMONAL SHEET IF NECESSARY) SECTION 17 Signature Block: within a one half mile radius of your proposed location. � I \ NT LF % I I I Lz- Pnus'47)e� At21K V 1 G1-L' p/ IN A L,41717 Ll,4,-'P Q J Opp4.r F�uNtAIN�. = Your business name and identify cross streets. I! declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making (P+nafLIC /A ENT listed inSecti n 4 Question I) th2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that to the best of my knowledge and belief, none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. , A State of L— County of f I &'f- < co '` The foreeoma instrument was acknowledeed before me this s^S REBECCA L. DAtRNELL R Notary Public - Arizona Day Month My commission expires on: Maric "\ My Commission Expires s-aeOcctOher 18 200G ig.a e of NOTARY PUBLIC) 7 1. 3 rd ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL = 800 W Washington Sth Floor 400 W Con � ; gTess #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 DLLC (520) 628-6595 im RESTAURANT OPERATION PLAN LICENSE # f a 6 75-5p 9 T List by Make_ Model and Canacitv of vour : Grill jyU Oven Freezer Freezer X a W AL iL 1N C.G(VZCYz- Refrigerator G x� bi-ALk-1 occ%- - P/7-2-14 logep TAP&C Sink Dish Washing Facilities Co c�ct a ya wt}>L E(Z Food PreparationT Counter (Dimensions) �g 5 S �R �P Co uN 7C"� S Other fA1 V-'2' ) Print the name of your restaurant:,x 'Q � GA7o kj Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 71' List the seating capacity for: a. Restaurant area of your premises b. Bar area of your premises C. Total area of your premises 5. What type of dinnerware and utensils are utilized within your restaurant? XReusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). ❑ Yes % c,'XT, No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) go % *Di$wbled ifidividuals requiring special accommodations, please call the Department. Lic0114 05/1999 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 •. Tucson AZ 85701-1352 (602) 542-5141 1 1 r, (520) 628-6595 HOTEL -MOTEL AND RESTAURANT LICENSES RECORDS RE U I)IJ FOR AJ�Wft �* SERIES #11 & #12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the Department any documents necessary to determine compliance with A.R.S. §4-205.02(G). Such documents requested may include however, are not limited to: l . All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Joumals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) i B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returPs LIC1013 05/2003 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTR 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602)542-5141 QUESTIONNAIRE (520)628-6595 Attention all Local Governing Bodies: Social Security and Bi ar nformation is Confidential. This information may be given to local law enforcement agencies for the purpose of backgroun he- eonly but must be blocked to be unreadable prior to posting or any public view. Read carefully. This instru gg���� is [ial' w ri� d m03t.l a or print with black ink. An extensive investigation of yqur backtinti wine coct0d.' se or incomplete answers could result in criminal prosecution and t e denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. � There is a $24.00 processing fee for each fingerprint card submitted. Liquor L1ce11Se # lc;��nb_75JY A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check ❑Owner ❑Partner ❑Stockholder ®Member ❑Officer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) box —, Licensee or A ent must complete # 25 for a Manager Licensee or A ent must complete # 25 2. me: 1�,Q�j V i G i JY/g MIR Date of Birth: � r _/ /q Last First a (This Will Not Become a Part of Public Records) 3 . Social Security Number: Oriq S-A - S76 -79 Drivers License #: -DD l 6 9��7 State: Af 2.. (This Will Not Become a Part of Public Records) 4. Place of Birth: >g X,�qAA Yb'7 Heit: _,,':3:)WeigL: 4 s' Eyes: Hair: ?AP City State Country (not county) 5. Marital Status ❑Single [ Married ❑Divorced El Widowed Residence (Home) Phone: ( 15 �- �j3�t- _ 6. Name of Current or Most Recent Spouse: Itane rv"A Co U 1 /3 Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden You are a bona fide resident of what state? If Arizona, date of residency: _ �q6 8 Telephone number to contact you during business hours for any questions regarding this document. 03 T%q0 Q oo game uhave been a resident less than three (3) months, submit a copy of driver's license or voter registration caard. of Licensed Premises: ,Premises Phone: ((y ) n"Jl-0 )0-o 11. Licensed Premises Address: �,b���A VC-XUC Op 7L 4�� �A/7t411V3 . �/�ft(1'Tj(1lIYJilll4 l�%�� ]_OPf g sot. Fig Street Address (Do not use PO Box #) City County�i Zip 12. List your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) r FM > _ �z- �ro12(A � � � ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name address and phone number of landlord City State Zi G CURRENT 6I.VV 76% "; SLA.11C1 _TW►kZL'f� AVe ie;�8 1 1'n l> C21A z 51 140-LIC 010104/2603 Disabled individuals requiring special accommodations pease can (WL) 2�4L-YUL7 2003 JUG I A Q, l 8 tf i u t. �1 1 *�� irk• L/+�y/J �'+ ! �( �� 4 � ��'� Oi " i �'4 %/ � ' t.,"�� ? � `"-R �ws Svai'.a� � f • , ��?. � � /riff+N•'Y i s 1�, Y��*'*'s';±:'d, A"�.�,,.'" //" +n H *;++ � � � ryr•c • f. 1 �. ":•e .�•� nA�3y1 ,3'zy �y�i;� � � �, �� /�*sr /��� /,M t i ��i,�` 4:Ji ,. .,.,''uF'L• sa +- r '•//ii/vN'' .�/Miv.r. +2 4 im +/+.+/#t7"igiji3 3'f f�?C+6 `"w • i* Y r� - \�; Y ,i ��°r"� �• ,�+ "++t' Y Y* / 3i �Li + r �f+ � � s � '�i+"a�i'„ � �'K� s * ^�� i y //', *+` e ♦ �iS�Y►�ar+`.�•�«� � .��� � � /r,�/// ✓,*'s�/r i��/• '/ii f�/ ,. �•r .;,,�% �Y � iii'j/'' � ig""�/j �s'�,�'� _ �P y„ l r.. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 0,a�-- 800 W Washington Sth Floor 400 W Congress #150 Phoenix AZ 85007-2934 �, Tucson AZ 85701-1352 (602)542-5141 QUESTIONNAIRE �`� (520)628-6595 Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only f t rbe blocked to be unreadable prior to posting or any public view. Lou Rgad carefully. This instrument is a sworn document. T e or print with black ink. An extensive myestlgation o your background will be gpue ed. �r*'i Use tt orlfte answers could result in crimtna°I prosecution and the denial or sulfas qude o atitTll o lie se or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. /7-7 There is a $24.00 processing fee for each fingerprint card submitted. Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.RS. 44.6852) ( If the location is currently licensed) 1. Check appropriate box —11111- ❑Owner ❑Partner ❑Stockholder NMember ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 2.Name: KORVCSsiS OC-omroS DateofBirth: /l 101Z446 Last First Middle (This Will Not Become a Part of Public Records) p- 3 . Social Security Number: 7 < / - 6 6_' J q69 Drivers License #: .40 14 36-66 o, State: � Z (This Will Not Become a Part of Public Records) 4. Place of Birth: 16 z7Cy®7 Height: Weight: )10 Eyes: rOR Hair: City State Colln6V (not county) 5. Marital Status ❑ Single Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (6j1 3) 81 6 -522- 6. Name of Current or Most Recent Spouse: koR VC— S S1S TU7Y W . PANj Que' Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden '. You are a bona fide resident of what state? A-R lZ O �It } If Arizona, date of residency: d g q 8 Telephone number to contact you during business hours for any questions regarding this document. ) 21 — 9661 If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: 6 A7D N {� ( � 7 R U Premises Phone: - O c)U 11. Licensed Premises Address: 16S7) Ay�Nj,r 04p Tl-iC &u1v7,4fNS, FOUtil-rA ✓ f+iuS, /I' iglCopA 95-26,19 Street Address (Do not use PO Box #) City County Zip 12. List your employment or tvpe of business Burin¢ the oast five (5) Yeats, if unemuloved part of the time, list those dates. List most recent 1st. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT C +iEF- fS sAe-ed14 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate Your residence address for the last five (5) vears: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rentedattach additional sheet giving name address and phone number of landlord City State Zip g CURRENT 17U1,N (1.3 U% r Sj_1S& Lf1i' CckiA Z Disabled individuals requiring special accommodations please call (602) 542-9027 15 1� PA Gl 4 II S,(<e n03 f12 R� i7� O '-1 -7/q ( I ti 191�0 P- ,4 S� 62-2 geLol 'EAw-cuRl l C -g�, mtkt s GOOC- - cK�cs� 1 S910 Ave, F2dm l�rl J9� �0 7�196 2,Q� C"L� (�� Cw>L o i-. .� YIn,O �o> � k L `�3FF M EKES C�t��-r7C.✓ CR��T -tua To ' E �KE� �ol�r.✓ �RuSi ISSdo P1/ 3s ,4ve 2ltJ /2 �ao�+7 71f7 1-01 old i i -� July 14, 2003 � 3P FOUNTAIN VISTA PROPERTIES, L.L.C. DLLC Ms. Leesa Berens Morrison Director 2003 JUL i -I A 9: 18 Arizona Department of Liquor Licenses and Control 800 West Washington, Fifth Floor Phoenix, AZ 85007 Re: Request for an Interim License Dear Ms. Morrison: We are the owners of the building known as Fountain Oasis, located at 16872 Avenue of the Fountains, Fountain Hills, Arizona 85268. The building is a multi -use commercial complex including a street -level space designated for a restaurant. Since the building completion in 2001, we have had two tenants operating the restaurant, most recently under a liquor license number 12075168 issued to Robert Martucci. This Tenant has been in default and as a result, the Landlord exercised its lock -out option and the Tenant refused the Lease. We have a new Tenant who has signed a Lease under mutually acceptable terms and is ready to start operating the restaurant on or before September 1, 2003. Since we have learned from your Department that Mr. Martucci failed to renew, his license which expired March 31, 2003, we ask you, on the grounds above, to issue an interim license to our new Tenant, Mr. Korvessis. We are ready to pay any renewal and/or penalty fees as applicable, in order to bring the license to good standing. An application by Mr. Korvessis is attached, as well as a copy of the new__ Lease Agreement. As we have already suffered substantial business damage due to the default of the previous Tenant and as Mr. Korvessis possesses the qualifications, experience and eagerness to succeed in this new operation of his choice, we will be grateful for an issuance of the interim license at your earliest convenience. You cooperation will be greatly appreciated. Sincerely, Vlad Rj Hulpach President & Managin ber M 13014 N. Saguaro Blvd. • Suite 202 • Fountain Hills, Arizona 85268 • Phone: (480) 816-5523 • Fax: (480) 816-5966 DO NOT PUBLISH THIS SECTION IRTICLE I The company name must contain an ending which may be "limited liability company," "limited .� company," or the abbreviations " L.L.C." "L.C.", LC" or "LC". If u are the holder or ignee of a ename or tj idemark, attach eclaration of radcname Holder form. , ARTICLE 2 "1May be in care of the statutory agent. ARTICLE 3 The statutory agent must provide both a physical and mailing address. if statutory agent has P.O. Box, then they must provide a physical description of their street address/location, The agent must sign the Articics or provide a consent to acceptance of appointment. ARTICLES 4 Complete this section only if you desire to select a date or occurrence when the company will dissolve. If perpetual duration is desired, leave this section blank. ARTICLE 5.a. Check which management structure will be applicable to your company. ` { (D 0 TIC'LES OF ORGANIZATION L; DLL P / �A S L. L C (An Arizona l!n 1iWd tablh Company) 1. Name. The name of the limited liability company is: � , k , I' - COD 5 LLL 2. Registered Office. The address of the registered office in Arizona is: 4 �D3 GU, �P,c-r i y cLXSe L,1V located in the County of A +2 l cop ►� 3. Statutor_y_Agent. (In Arizona) The name and address of the statutory agent of the company is: GvCr: i ATEK AV - R538� 4. Dissolution The latest date, if any, on which the limited liability comparrf must dissolve is: 3 7UL-Y 1 oSy 5. a. Management. [ Management ofthe limited liability company is vested in a manager or managers. The dames and addresses of each person who is a manager A LDD each member who owns a twenty percent or greater interest in the capital or profits of the lilni.ted liability company are: [ ] Management of the limited liability company is reserved to the members. The names and addresses of each person who is a member We: � l DO NOT PUBLISH 5.b. THIS SECTION Name: �� L ►'1'1 L �'' S I<e % C S S 1 S- U r (-� I N 1 r� k�� Address: City, State, Zip: Name: Address: City, State, Zip: [ ] member K mafgt member [ ] manager V9U3 W, T3E T HP As L OC- &o+' 18 -76�6 Ct). SruE� T�/A%CR A✓ LOLA AZ 9S.30, PC—OsSI4 A2- 85-391 [ ] member [ ] manager [ ] member [ ] manager ARTICLE 5.b. EXEC ii this �day of f . Depending upon your selection in 5.a., provide the names and addresses of the [Signature] [Signature] managers and members of the organization. Check RTe(E/��Z;eS I<QRuESSlS V ���IIJI�i {{t�77f?r7 the applicable title for [Print Name Here] [Print Name Here] each person. A member managed PHONE G� 3 - `� —7 i� —1 (� FAX company cannot contain a manager or managers. Acceptance of Appointment By Statutory Agent The person(s) I FG�� /414'7 �)4 D , having been designated to act as Statutory Agent, executing this hereby consent to act in that capacity until removed or resignation is submitted in accordance with the document need not be Arizona Revised Statutes. member(s) of the company. Your fax and phone number is optional. The agent must consent to the Signature of Statutory Agent appointment by executing the consent. See A.R.S. §29-601 et seq, for more info. 9 signing on behalf of a company serving as statutory lj agent, print company name here] LL:000a Rev. 05/03 , CM OLLC 1003 JUL 1 l A q' 18 Operating Agreement of adopted 7' / g�° 3 iz m E-Z Legal Forms 1997. Burpr2 you use this form, read it and fin in the blanks. Consult a lawyer if you doubt the form's fitness for your purpose and use. E-Z K 116-2 Legal Forms and the retailer make no representation or warranty, egress or implied, with respect to the mer&antabifity of this form for an intended use or purpose. LIMITED LIABILITY COMPANtRATING AGREEMENT FOR i� � k. [_ ,*PA , L _Id THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (the Agreement) is made and entered into as of the _day of �U L-`� (Year) by and among: P i0 (- S l<oRve;&15 and each individual or business entity as shall be subsequently admitted to the Company. These individuals and/or business entities shall be known as and referred to as "Members" and individ- ually as a "Member." WHEREAS, the parties have formed a Limited Liability Company named above through their initial registered agent _ - pursuant to the laws of the State of %�\zOr�� . NOW, in consideration of the conditions and mutual covenants contained herein, and for good and valuable consideration, the parties agree upon the following terms and conditions: ARTICLE I: COMPANY FORMATION 1. The members hereby form and organize the company as a Limited Liability Company subject to the provisions of the L Limited Liability Company Act in effect as of this date. Articles of Organization shall be filed with theme Secretary of State. 2. The members agree to execute this Operating Agreement and hereby acknowledge for good and valuable consideration receipt thereof. It is the intention of the members that this Operating Agreement shall be the sole source of agreement of the parties. In the event any provision of this operating Agreement is prohibited or rendered ineffective under the laws ok• ZZ , this Operating Agreement shall be considered amended to conform to the Act as set forth in the Code of The invalidity of py provision of this Operating Agreement shall not affect the subsequent validity O EZ Legal Forma 1997. Before you use Ns form. read @ and fill In the blanks. ConwR a lawyer 8 you debt the form's f ness for your purpose and use. E-Z K 116-3A Legal Forms and the retailer make no refxesentabon or warranty, e)press or impfied, Mb reseed 10 the merchantability of this form for an intended use Or purpose. ARTICLE II: BUSINESS PURPOSE It is the purpose of the Company to eng LLnf' OLP—E& k-r1 N G 6 i6�S7� �c rrT lLU 1 i H A L lU uo P- L. The foregoing purposes and activities Uj JUL I I H `1• I g will be interpreted as examples only and not as limitations, and nothing therein shall be deemed as prohibiting the Company from extending its activities to any related or otherwise permissible lawful business purpose which may become necessary, profitable or desirable for the furtherance of the company objectives expressed above. ARTICLE III: CAPITAL CONTRIBUTIONS 1. INITIAL CONTRIBUTIONS. Each Member shall contribute to the Company capital prior to or simultaneously with, the execution of this Agreement. Each Member shall have made initial capital contributions in the following amounts: Name of Member (' �0(-�Mmcos Ko�vFssts No interest shall accrue on initial capital contributions. Value of Capital Contribution 2. ADDITIONAL CAPITAL CONTRIBUTIONS. If management decides that additional capital contributions are necessary for operating expenses or to meet other obligations, notice must be sent to each Member setting forth each Member's share of the total contribution. Such notice must be in writing and delivered to the Member at least ten (10) business days prior to the date the contribution is due. Any such additional capital contribution is strictly voluntary and any such commitment is to be considered a loan of capital by the Member to the Company. Such additional capital contribution does not in any way increase percentage of membership interest. This loan shall bear interest at a points above the current prime rate. Any loan under this subsection shall be paid in full before any distributions are made under Article IV. e- 11 ® E-Z Legal Forma 1997. BeAxe you use ttis form, read a and fill in Cie blanks. Consult a lawyer a you doubt to foto � � farm for �tness to( Your ended d purpose.K1 16-3C Legal Forms and the retailer make no or warranty, egress a irrpGed, with respect to the rnerchantabTrty ARTICLE V: MANAGEMENT 1. MANAGING MEMBERS. TheKaat6 and addresses of Managing Members are: �ToLI=(ALDS_ K0 R V 5 LUUJ : JUL 1 I r� �g0� LU t; FTy LILI , afOX04 1 -2, 9S35 9.9 Managing Members shall make decisions regarding the usual affairs of the Company. A majority vote of the membership shall name as many managers as the Membership deem necessary and the membership shall elect one Chief Operating Manager who is responsible for carrying out the deci- sions of the managers. 2. NUMBER OF MANAGERS. The membership may elect one, but not fewer than one, manager. 3. TERM OF OFFICE. The term of office is not contractual but continues until: a) A fixed term of office, as designated by the membership, expires. b) The manager is removed with or without cause, by a majority vote of the membership. c) The dissociation of such manager. 4. AUTHORITY OF MANAGERS. Only managing members and authorized agents shall have the power to bind the Company. Each managing member is authorized on the Company's behalf to: a) Purchase, or otherwise acquire, sell, develop, pledge, convey, exchange, lease or otherwise dispose of Company assets wherever located. b) Initiate, prosecute and defend any proceeding on behalf of the Company. c) Incur and secure liabilities and obligations on behalf of the Company. d) Lend, invest or re -invest company assets as security for repayment. Money may be lent to members, employees and agents of the Company. e) Appoint officers and agents, and hire employees. It is also the province of management to define duties and establish levels of compensation. Management compensation will bf.determined by majority Membership vote. i f) Execute and deliver all contracts, conveyances, assignments, leases, subleases, �W frar%hiset and licensing agreements, promissory notes, loans, security agreements or any other kind relating to Company business. m E-Z Legal Forrns 1997 Belore you use this form, read R and fill in the blanks. Consult a lawyer it you doubt the kxm's Rtness for your purpose and use. E-Z Legal K 1 16-3 E Forms and the retailer make no representation or warranty, e)press or implied, with respect to the merchantability of this form lx an intended use or purpose. b) The Company shall provide to any person who is or was a Member, Manager, employ- ee, or agent of the Company PCILa was serving at the request of the Company as Manager, employee, o age t of the Company, the indemnity against expenses of suit, 17 A 18 litigation or other proceedings which is specifically permissible under applicable law. ARTICLE VI: TAX AND ACCOUNTING MATTERS 1. BANK ACCOUNTS. Management shall establish bank accounts, deposit company funds in those accounts and make disbursements from those accounts. 2. ACCOUNTING METHOD. The cash method of accounting shall be the accounting method used to keep records of receipts and disbursements. 3. TMP. A Tax Matter Partner shall be designated by the management of the company as designated by the IRS Code. 4. YEARS. The fiscal and tax years of the Company shall be chosen by management. 5. ACCOUNTANT. An independent accountant shall be selected by management. ARTICLE VII: MEMBER DISSOCIATION 1. Upon the first occurrence of any of the following events, a person shall cease to be a member of the Company: a) The bankruptcy of the member. b) The death or court -ordered adjudication of incapacity of the member. c) The withdrawal of a member with the consent of a majority vote of the remaining membership. d) The dissolution and winding up of the non -corporate business member including the termination of a trust. e) Tl e filing of a Certificate of Dissolution by the corporate member. f) The complete liquidation of an estate's interest in the LLC. g) The' pulp ton of the member with the majority consent of the remaining membership. h) The expiration of the term specified in Article I, section 6. m E-Z Legal Forma 1997. Before you use this form. read it and fill in the blanks. Consutt a lawyer if you doubt die iorm's fitness for Your purpose and use. E-Z K1 16-313 Legal Forms and the retailer make no representation or warranty, eNpress or implied, with respect to die merchantabordy of this form for an intended use or purpose. with their capital account balance. Liquidation proceeds shall be paid within days of the end of the Company's taxable year or, if later, within days after the date of liquidation. 4. DISSOLUTION. Upon completion l-rinding up period, the Manager or other person selected shall file with the Secretary of State the Certificate of Dissolution or its equivalent and any other appropriate documents a�s3 require by law. 18 IN WITNESS WHEREOF, the parties hereto make and execute this Operating Agreement on the dates set below their names, to be effective on the date first above written. Signed and Agreed this day of 5U. LIX , -4LO—L(year). By Manager: Member: Member: Member: / K116-3J 0 E- egal Fas 1997, Before you use this form, read A and fill in the blanks. Consult a lawyer it you doubt the form's fitness for your purpose and use. E-Z Legal rmand the retailer make no representation or warranty, express or implied, with respect to the merctwtabifty of this form for an intended use or purpose. OL9 C THIS LEASE is made this ( 4 day of 20Q2, between FOUNTS �� NjUyISTA��PRQPERTIES, LLC , hereina r referred to as LANDLORD , a lic P ,91 FDD 95 L ZL hereinafter referred to as "TENANT", without regard to number or gender. BASIC LEASE PROVISIONS TENANT'S TRADE NAME: H• K, F00�S L L-L a r GUARANTORS: Ptolemeos (Mike) Korvessis ADDRESS OF PREMISES: Fountain Oasis, Suite 104, 105, 106 + patio 16872 E. Avenue of the Fountains Fountain Hills, AZ 85268 USE OF PREMISES: restaurant LEASE COMMENCEMENT DATE: September 1, 2003 LEASE EXPIRATION DATE: August 31, 2009 LEASE TERM: 6 Years BASE MONTHLY RENTAL: Year 1: $9,965.12 Year 2: $10,264.08 Year 5: $10,571.99 Year 6: $10,571.99 Year 7: $10,571.99 Year 8: $10,889.15 Discount in summer months applicable as per Section 3.4. OPERATING COSTS (MONTHLY - ESTIMATE): $1,514.70 (N/C for patio) (Tenant's share of actual operating costs of Fountain Oasis as estimated by Landlord, payable monthly and adjusted annually - see Section 4) USABLE AREA OF THE PREMISES (APPROXIMATE): 5,478 square feet -1- RENTABLE AREA OF THE PREMISES: otp??3 square feet TENANT'S PRO RATA SHARE: 2 (patiRexcluged) (Ratio of Rentable Area of the Premises to the Total Rentable Area of the Building). SECURITY DEPOSIT: $12,403.85 RENTAL DEPOSIT: $11,479.82 ADDRESS FOR PAYMENTS AND NOTICES: To Landlord: Fountain Vista Properties LLC Suite 202 13014 N. SaQuaro Blvd Fountain Hills, AZ 85268 To Tenant: � �^�%� Avg v� � � �' t� ��U u�� 1r►� ADDENDUM AT EXECUTION INCLUDES SECTIONS THROUGH 3,� AND EXHIBITS _ THROUGH Each reference in this Lease to any of the Basic Lease Provisions shall be deemed and construed to incorporate all of the terms provided under such Basic Lease Provision and the same is part and parcel of this Lease. The balance of this Lease together with all addenda is attached hereto. d -2- LEASE AGREEMENT d,LL_u 1. PREMISES. ?003 JUL ' A q. 18 On the terms and conditions contained herein, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord those premises described in the Basic Lease Provisions and designated on the floor plan attached hereto as Exhibit "A" (the "Premises"). 2. TERM. 2.1 Term. The term of this Lease ("Term"), and Tenant's obligation to pay rent, shall commence on the "Commencement Date" as defined below, provided that in the event the aforesaid Commencement Date shall commence on a date other than the first day of a calendar month, then the Term of this Lease shall be for the number of full Lease Years plus the number of days remaining in the month in which the Term commences, and unless extended or sooner terminated as hereinafter provided, shall expire on the "Expiration Date" which shall occur on the day of expiration of the Lease Term as set forth in the Basic Lease Provisions. 2.2 Term Commencement Date. The Term hereof and all obligations, covenants and conditions of this Lease shall commence at 12:01 a.m. of September 1, 2003, subject to Tenant obtaining an interim liquor license for the premises from Arizona Department of Liquor Licenses and Control ("License). If the interim license is not granted, Tenant shall use its best efforts to obtain a new liquor license and the Commencement Date shall then occur 7 calendar days after the receipt by Tenant of a new license. Should Tenant fail to obtain a license on or before October 31, 2003, Tenant shall have the option to terminate this Lease Agreement and be refunded any and all deposits. 2.3 Certificate of Commencement. Promptly after the Commencement Date of the Term of this Lease, upon the request of Landlord, Tenant shall execute written confirmation of the Commencement and Expiration Dates of the Term hereof, in the form attached hereto as Exhibit "B". 2.4 Early Move -In. Landlord shall allow Tenant a move -in prior to the Commencement Date, subject to Tenant executing this Lease Agreement including all Exhibits, depositing the Security Deposit and Rental Deposit with the Landlord and closing on the Asset Purchase Agreement between Tenant and Landlord. For the period from the actual move -in until the Commencement Date ("Pre -Lease Term"), Tenant shall be responsible for a pro -rated share of Operating Costs as defined in the Basic Lease Provisions and for any direct expenses, such as directly billed utility costs. During the Pre -Lease Term, Basic Rent shall be waived by Landlord, while other provisions of this Lease shall apply in full. 3. RENTAL. 3.1 Base Rental. For each month of the term hereof, Tenant shall pay to Landlord as rental hereunder that sum identified as the Base Monthly Rental in the Basic Lease Provisions. Except for the first month of the term hereof, Base Rental shall be paid in advance on the first day of each calendar month of the term hereof. If the term of this Lease commences or terminates on other than the first day of a calendar month, then the Base Rental for said partial month shall be prorated on a per diem basis (based on a 30-day month), and shall be paid in full upon the execution of this Lease. 3.2 Payment. Base Rental and all other sums payable pursuant hereto shall be paid, without deduction, offset, prior notice or demand, to Landlord at the address set forth in the Basic Lease Provisions, or at such other place or to such other person as Landlord may from time to time designate by ptice Hereunder. All payments shall be made in lawful money of the United States of America. G! � 3.3 Rental Taxes. Together, with and in addition to any payment of rental or any other sums payable to or for the benefit of Landlord fpur�su to this Lease, Tenant shall pay to Landlord any excise, sales, occupancy pnvaege, e ta1"dr tr6n action privilege tax (except Landlord's income tax) levied by any governmental authority upon Landlord as a result and to the extent of such payments hereunder, or as a result of Tenant's use or occupancy of the Premises. 3.4 Summer Base Rental Concession. Provided that Tenant is not in default under the terms of this Lease, Tenant shall be allowed a rental discount amounting to 50% of the Base Monthly Rental for the calendar months of June, July and August ("Summer Months"). Such a discount shall be provided for every summer month named above, in any year during the Lease Term. Tenant's Share of Operating Costs and all other Tenant's obligations in a regular course of this Lease shall remain unaffected during the summer months. 4. OPERATING COSTS. 4.1 Allocation of Operating Costs. In addition to the Base Rental and all other sums payable pursuant hereto, Tenant shall pay to Landlord as additional rental hereunder, Tenant's Pro Rata Share (as set forth in the Basic Lease Provisions and defined in Section 4.5) of Building Operating Costs (as defined in Section 4.3 below). 4.2 Monthly Payment of Estimated Operating Costs. Tenant shall pay tenant's Pro Rata Share of Building Operating Costs to Landlord monthly as additional rent and under the same terms as provided in Section 3.1. The amount of monthly payments shall be based on an estimate provided by Landlord. Tenant's Pro Rata Share of Building Operating Costs for the first year is estimated at the amount set forth in Basic Lease Provisions. At any time, so long as reasonably justified by the actual Operating Costs, Landlord may change the estimate and such new estimate shall become the basis for the monthly payments of Operating Costs by the Tenant. 4.3 Building Operating Costs. The term "Building Operating Costs" as used herein means all costs, expenses and fees incurred by Landlord in managing, maintaining, repairing and operating the Building (whether or not now customary or in the contemplation of the parties), including without limitation the following costs by way of illustration_ real property taxes and assessments; water and sewer charges; insurance premiums; utilities; security; janitorial services, window washing; trash removal labor, general building maintenance; costs incurred in the management of the Building and property including administrative overhead or property management fees not exceeding 10% of gross income; common area air conditioning and heating; reserves for replacement of machinery and equipment; supplies; materials; equipment and tools; costs of nonrecurring nature. 4.4 Adiustment of Operating Costs. Following the end of each calendar year, Landlord shall submit to Tenant a statement of the actual Building Operating Cost for the preceding twelve months. If the payments made by Tenant, as provided hereinabove, for said preceding period based upon Landlord's estimate of Operating Costs were less than Tenant's Pro Rata share of the actual Building Operating Costs, Tenant shall pay the difference by the date the next regular monthly rent payment is due. If said payments made by Tenant were more than Tenant's share of the actual Building Operating Costs, the overpayment by Tenant shall, so long as Tenant is not then in known default and Landlord has no claim against Tenant for any prior default, be credited against the next monthly rergt falling due. The estimates of Operating Expenses by Landlord as well as the annual statements of actual Operating Costs may each contain, in the case of items such as, but not limited to, property taxes and insurance premiums which may be paid less frequently than monthly, an allocation for each month based on the actual (or if the actual amounts are not known, Landlord's estimate thereof) cost of such,items. If an estimated amount for any such item is used in the annual statement of actual Operating Expenses, then, at such time as the actual amount is known, it shall be setforth in the next statement of actual Operating Cpgs pr-epared by Landlord and shall be reflected in the adjustment described above. If the Lease cornmences on other than the first day of a calendar month or expires on other than the last day of a calendar month, any amount due under this Section shall be prorated based upon the numbq{,f d�ys iduring, they mpgth which were included in the term of the Lease. iilt 4.5 Tenant's Pro Rata Share. Tenant's Pro Rata Share shall be the ratio that the Rentable Area of the Premises bears to the Rentable Area leased or available for lease in the Building. Tenant's Pro Rata Share shall initially be the percentage set forth in the Basic Lease Provisions and may change from time to time upon changes in the Rentable Area, as reasonably determined by Landlord. Landlord's architect shall be the sole determining agent as to square footage of the Building and the Premises. 5. USE OF PREMISES. 5.1 Permitted Uses. Tenant shall not use or permit the use of the Premises for any purpose except the purpose set forth in the Basic Lease Provisions without the priorwritten consent of Landlord which consent shall not be unreasonably withheld, delayed or conditioned. 5.2 Compliance with Insurance Requirements. Tenant shall not engage in or permit any activity which will cause the cancellation or increase the existing premium rate of fire, liability, or other insurance maintained with respect to the Premises or the Building. Tenant shall not sell or permit to remain in or about the Premises any article that may be prohibited by the standard form "All Risk" fire and extended coverage insurance policies to be maintained pursuant to this Lease. Tenant shall comply with all requirements pertaining to the use of the Premises necessary for maintenance of such fire and public liability insurance as Landlord may from time to time obtain for the Premises or the Building. 5.3 Waste, Nuisance, Etc. Tenant shall not commit or permit any waste on the Premises or in any manner deface or injure the Premises or the Building. Tenant shall not use the Premises for offensive or immoral purposes (in the sole judgment of Landlord), or commit or permit on the Premises any offensive, noisy or dangerous activity or other nuisance or other activity or thing which may disturb the quiet enjoyment or peaceable possession of any other tenant in the Building. Tenant shall not overload the floor of the Premises beyond the load limit therefor established by Landlord. 5.4 Area above Standard Finish Ceiling Line. Tenant shall have no right to use, enter into or cause entered that portion of the Premises above the standard ceiling line (as established by Landlord) without the prior written consent of Landlord. 5.5 Common Areas. Subject to the rules and regulations attached to this Lease, and rights reserved by Landlord in Section 26 below, Tenant shall be entitled to the nonexclusive use in common with Landlord, other lessees and occupants of the Building, and other parties authorized by Landlord, their respective employees, agents, contractors and customers, of all common areas and facilities in the Building as Landlord shall from time to time designate for common use bythe tenants in the Building. 5.6 Compliance with Laws. Tenant shall comply, at its expense, with all laws, ordinances, rules and regulations of any public authority at any time now or hereafter applicable to the Premises or any activity therein or use thereof, and shall, at its expense, construct and install any improvements which may be required from time to time by applicable laws, ordinances, rules and regulations as a result of Tenant's use or occupancy of the Premises. 5.7 Sidewalks, Signs, Exterior, Etc. Tenant shall not display or exhibit any products, goods, wares, or merchandise and sh"hdtdistribute advertising materials outside of the Premises. Tenant shall not erect or place on or about the exterior of the Premises or on any windows, glass partitions or doors thereof, any sigtfoar ether, writtep information unless approved in writing by Landlord which approval shall not be unreasonablywithheVd,�blay&d or conditioned. Landlord shall not object to illuminated exterior signage as long as such sign complies with all ordinances and regulations issued by the Town of Fountain Hills or other governing authorities and Tenant shall not place or install any sign or placard without obtaining a relevant permit from such authorities. Tenant shall obey to the guidelines or design standards as advised by Landlord in regard to colors, materials and aesthetic features of any exterior signage on the Building. Tenant shall not install exterior lighting on or decorate, paint or otherwise alter or improve the exterior of the Building or Premises, and Tenant shall not install any antenna or other structure or object on the roof or any other portion of the Building, unless the type, nature, location and size of such structure, object or antenna is approved in writing by Landlord. Tenant shall not store products, containers or merchandise on the Building in areas outside of the Premises except for the temporary loading and unloading of vehicles. 5.8 Rules and Regulations. Tenant, its employees, agents, contractors, customers and invitees, shall comply with the rules and regulations of the Building attached to this Lease as Exhibit "C" and with such modifications and additions thereto as Landlord, in its reasonable discretion, may hereafter make for the Building. Any violation of such rules and regulations by Tenant, its employees, agents, contractors, customers and invitees, shall constitute a breach of this Lease. All amounts due from Tenant to Landlord pursuant to such rules and regulations shall be paid immediately after Tenant's receipt of demand therefor. CONDITION OF PREMISES. 6.1. Provisions Relating to Condition of Premises. Landlord is the owner of the tract of land together with certain buildings constructed thereon in which the demised premises are situated. Tenant has had the opportunity to familiarize itself with the physical state of the Premises and acc pts the ,Premises with all the improvements and under the conditions as of 12:01 a.m. of fil , 2003. Notwithstanding Landlord's duties under other provisions of this Lease, T anY hereby waives any demand for additional improvements to the Premises at Landlord's expense. If Tenant desires to have any additions or betterments over standard Tenant Improvements, Tenant shall specifically identify such additions and proceed according to the provisions of Section 9 of this Lease. 6.2. Alterations by Landlord. Landlord hereby reserves the right, from time to time, to make alterations or additions to the building in which the demised premises are situated and to install, maintain, use, repair and replace pipes, ducts, conduits and wires leading through, under or over the Premises through those locations serving other parts of the building which shall not materially interfere with Tenant's use of the Premises. Landlord also reserves the right to enlarge the building by acquisition or construction of other buildings or improvements. If and when any such additions or alterations to the building are made and there is a change in common area charges or assessments which affect the proration of common area charges, the same shall be adjusted equitablyon a prorata basis. BUILDING SERVICES. 7.1 Services. Provided that Tenant is not in default hereunder, Landlord agrees to furnish tgthe Premises during reasonable hours of generally recognized business days, and subject to the rules and regulations of the Building, the common entries and common toilet rooms in the Building, and for the common areas only water, electricity, heat and air conditioning required in Landlord's reasonable judgment for their comfortable use. Landlord shall provide janitorial and maintenance services as often as is reasonably necessary in Landlord's sole and absolute judgment. 01 Landlord shall not be liable for, nor shall Tenant be entitled to, any abatement or reduction of rental or other sums due hereunder by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by the acts of Tenant or oth&r64_ ADts of the Building or by any causes beyond the reasonable control of Landlord, including without limitation the following: weather, accidents, breakage, remodeling improvements, repairs, sV�,K�s,,,lpcl�outs or other IT.expressly disturbances or labor disputes of any character, or by any other cause`-'sim'darof dissimilar li i� expressly understood that Landlord shall not be liable under any circumstances for loss or damage, however occurring, incurred in connection with or incidental to the failure to furnish any of the foregoing. 7.2 Utilities Billed Directly to Tenant. Tenant shall be responsible for obtaining in Tenant's name metered electric power service (120/240 Volt, 3 wire, single phase) and telephone service. Landlord shall not be liable for any charges billed to Tenant thereof. 7.3 Excess Utilities. If Tenant shall require water supply, waste line connection or other utilities in excess of that which would otherwise be furnished or supplied for use of the Premises as general office space or the installation of additional 220 volt outlets, Tenant shall first procure the written consent of Landlord to the use or installation thereof, and Landlord may cause water, electric, or other utility measuring devices to be installed in the Premises for the purpose of measuring the amount of water, electric current or other utilities consumed for any such purpose. The cost of any such meters and the installation, maintenance and repair thereof shall be paid for by Tenant and Tenant agrees to pay Landlord promptly upon demand for the cost of all water, electric current or other utilities consumed as shown by said meters, at the rates charged for such services by the suppliers thereof. In the event separate meters cannot be installed, Landlord shall have the right to estimate the additional cost of the utilities utilized by Tenant and charge the same directly to Tenant, who shall promptly pay the same. MAINTENANCE AND REPAIR. 8.1 Landlord's Obligations. Unless such maintenance or repairs are required because of any negligent or intentional act or omission of Tenant, its agents, employees, contractors, customers or invitees, Landlord shall clean, maintain and repair, subject to reasonable wear and tear, the common areas of the Building as described in Section 5.5; the roof, structural elements, plumbing and electrical wiring and heating, ventilating and air conditioning facilities; the exterior of the Building; and floor coverings (cleaning only), doors, ceilings, lighting and draperies of the Premises. Landlord shall have the right to recover, under Section 4 above, a portion of the cost of performing its obligations under this Section 8.1. In no event shall Tenant be entitled to undertake any such maintenance or repairs, whether at the expense of Tenant or Landlord, and Tenant hereby waives the benefits of any law now or hereafter in effect which would otherwise provide Tenant with such right. 8.2 Tenant's Obligations. Unless such maintenance or repairs are required because of any negligent or intentional act or omission of Landlord, its agents, employees, contractors or invitees, or are specifically designated as the obligation of Landlord under Section 8.1 above, Tenant shall, at its expense, maintain the interior of the Premises in a safe and clean condition and in good order and repair, reasonable wear and tear excluded, including, without limitation, the interior of the Premises, all partitions and other interior improvements; all walls, all floor coverings (excluding cleaning floor coverings), all telephone and other communication systems, Tenant's signs located in or on the Premises, all of Tenant's equipment, fixtures and other items of personal property. Tenantshall also perform promptly, subject to Section 5.4, at its expense, all maintenance or repairs with respectto the Premises and the Building required because of any negligent or intentional acts or omissions of Tenant, it%agents, employees, contractors, customers or invitees. Tenant shall perform such obligations regardless of whether or not: (i) such portions of the Premises requiring repair are reasonably or readily accessible, (ii) the means of making the required repairs are convenient or reasonable, or (iii) the need for such repairs occurs as a result of Tenant's use, the elements or the age of such portions of the Premises. Tenant's obligations under this paragraph shall be performed & 7 h'` � �a only by persons or contractors approved by L�n=' ��d. 9. ALTERATIONS TO PREMI,5 JUL ,I A 01: IS L'v-1 9.1 Landlord's Prior Written Consent Required. Tenant shall not make any alteration, addition or improvement to the Premises or to any fixture, wiring, plumbing, lighting, heating, air conditioning or other equipment therein without the prior written consent of Landlord. Landlord shall be entitled to impose any condition to such consent as it may deem necessary or desirable (including, without limitation, the posting of bonds or use of a contractor designated or approved by Landlord). Any alteration, addition or improvement to which Landlord consents or which is required by law shall be completed in a good and workmanlike manner in accordance with plans, specifications and drawings approved in writing by Landlord, and in compliance with all applicable laws, regulations and codes. Tenant shall timely pay all costs and fees incurred by Tenant in connection with all alterations, additions and improvements permitted or required hereunder. 9.2 Alterations Become Part of Premises. Unless Landlord requires the removal thereof upon the termination of this Lease, all such alterations, additions or improvements to the Premises by Tenant (including, without limitation, demolition of earlier improvements, construction or remodeling of interior walls, doors, ceilings, built-in cabinetwork and shelving, lunchroom facilities, and installation, remodeling or replacement of lighting, heating and air conditioning equipment, electrical and telephone circuits, draperies, carpets and other floor coverings, wall coverings, and interior glasswork), except Tenant's Property, as defined in Section 20.1, shall become part of the Premises and the property of Landlord immediately upon installation thereof. Anyalteration, addition or improvement which Tenant is required or permitted to remove hereundershall be removed at Tenant's expense immediately upon the termination of this Lease, and Tenant shall promptly repair any damage to the Premises caused by installation or removal of such alteration, addition or improvement. 10. LIENS. Tenant shall keep the Premises and the Building free and clear of any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant, or any work performed, materials furnished or obligations incurred by or on behalf of Landlord if the same arise as a result of Landlord performing an obligation of Tenant hereunder and Tenant fails to reimburse Landlord immediately for the cost thereof. If any such lien is filed against the Premises or the Building, Tenant shall, within ten (10) days thereafter, cause the lien to be fully discharged by either paying the obligation secured thereby or obtaining and recording a payment bond in accordance with the provisions of Section 33-1004, Arizona Revised Statutes. Tenant is not authorized to act for or on behalf of Landlord as its agent, or otherwise, for the purpose of constructing any improvements to the Premises, and neither Landlord nor Landlord's interest in the Premises shall be subject to any obligations incurred by Tenant. Landlord shall be entitled to post on the Premises during the course of any construction by Tenant such notices of non -responsibility as Landlord deems appropriate for the protection of Landlord and its interest in the Premises. Tenant shall, at least ten (10) days prior to the commencement of any work which might result in any such lien, give to Landlord written notice of its intention to do so. If Tenant fails to fully discharge any such lien within said 10-day period, Landlord may (but shall not be so obligated) pay the claim secured by such lien and any costs, and the amount so paid, togetherwith reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant shall pay the same to Landlord with interest atthe rate provided in Section 28.6 from the dates of Landlord's payments. Should any claims of lien be filed against the Premises or any action affecting the title to such property be commenced, the party receiving nVice of such lien or action shall forthwith give the other party written notice thereof 11. LANDLORD'S ENTRY. wj In addition to any other right gat kni"r[r provided for in this Lease, Landlord, its employees, agents and contractors, shall be entitled to enter the Premises at anytime for the purposes of conducting any inspections thereof, supplying janitgrialnser�icet ynd any other service to be provided by Landlord to Tenant hereunder, posts oln©ia responsibility -'notices, making repairs, additions, or alterations thereto or to the Building showing the Premises to any prospective purchaser, lessee, mortgagee or insurer, and taking necessary action in the event of an emergency. In connection with such entry, Landlord shall be entitled to erect such scaffolding and other necessary structures or equipment as reasonably required by the character of the work to be performed provided that Landlord shall not unreasonably interfere with the conduct of Tenant's business. No entry by Landlord hereunder shall entitle Tenant to terminate this Lease or to a reduction or abatement of rental or other amounts owed by Tenant hereunder nor to any claims for damages. Landlord shall have the right to retain at all times keys to all doors within and into the Premises. No lock shall be changed without the prior written consent of Landlord. Landlord shall be entitled to use in good faith any means to gain entry to the Premises in the event of an emergency or perceived emergency and shall not be liable for any damages resulting therefrom. 12. TENANT'S INDEMNITY: WAIVER. Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims arising from Tenant's use of the Premises, or from the conduct of Tenant's business thereon or from any activity, work or things done, perm itted or suffered by Tenant in or about the Premises, and shall further indemnify, defend and hold harm less Landlord from and against any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any negligence or willful misconduct of the Tenant, or any of Tenant's agents, contractors, employees, customers or invitees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense through counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to person on or about the Premises from any cause, and Tenant hereby waives all claims in respect thereof against Landlord, except to the extent such damage or injury is the result of Landlord's gross negligence or intentional misconduct. 13. INSURANCE. 13.1 Required Insurance. Tenant, at its sole cost and expense, shall procure and maintain during the term hereof: (a) A comprehensive general liability insurance policy against claimsfor bodily injury, death or property damage, occurring in, on or about the Premises, the elevators, the adjoining sidewalks and passageways, or resulting from Tenant's use, occupancy or maintenance thereof, which policy shall name Landlord, and any other persons or entities designated by Landlord as additional named insureds. Such insurance shall be primary with respect to Landlord and shall be in the amount of at least $1,000,000.00 combined single limit (or in such higher amounts as Landlord may designate from time to time). Any comprehensive general liability insurance carried by Landlord shall apply in excess of the primary coverage required herein and to be carried by the Tenant. The comprehensive general liability insurance policy maintained by Tenant shall be endorsed to indicate thatsuch poUcy will cover Tenant's obligations under Article 12 to the coverage limit to such policy and shall provide that the insurance carrier shall have the duty to defend and/or settle any legal proceeding filed against Landlord seeking damages on account of bodily injury or property damage liability even if any of the allegations of such legal proceedings are groundless, false or fraudulent: (b) Insurance against damage and destruction to Tenant's personal property and all fixtures, equipment, impr'oVerhQ,ts, additions and other alterations to the Premises which Tenant is entitled or obligated to remove pursuant to this Lease occurring as a result of acts or events typicaU� coyered by broad form "All Risk" property damage insurance policies in the amountlof�ut�"-replacAeM,:c66}. In the event such items are damaged or destroyed, Tenant hereby agrees to diligently and fully repair and restore said items. (c) Such other insurance in such amounts as may from time to time be reasonably required by Landlord against other insurable hazards which at the time are customarily insured against in the case of premises similarly situated in the metropolitan Phoenix area. 13.2 Notice of Insurance. All insurance provided for in this Article shall be effected under valid and enforceable policies issued by insurance companies authorized to do business in the State of Arizona and approved by Landlord. The policies of insurance shall be endorsed to indicate that Tenant's coverage shall not be invalid due to any act or omission on the part of Landlord. The insurance companies issuing such insurance shall agree to notify Landlord in writing of any cancellation, alteration or nonrenewal of said insurance at least thirty (30) days prior thereto. Tenant shall deliver to Landlord, within thirty (30) days after execution of this Lease, certificates evidencing the insurance coverage required herein and confirming that the premiums therefor have been paid in full. Said certificates shall also include a footnote referring to this Lease and certifying that the policy or policies issued to Tenant comply with all of the provisions of this Article 13. If Tenant fails to obtain the insurance required herein and deliver said certificates thereof to Landlord as provided for above, Landlord shall be entitled, but without obligation, to obtain said policies at Tenant's expense. 13.3 Waiver. Notwithstanding any other provisions in this Lease, Tenant and Landlord hereby waive any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of, or damage to, the waiving party or its property or the property of others under its control to the extent that such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Tenant shall, upon obtaining the insurance policies required hereunder, give notice to the insurance carrier or carriers of the waiver of subrogation set forth in this Lease and shall obtain, at Tenant's expense, an appropriate waiver of subrogation endorsement from the insurer. If the Premises, the Building or Tenant's Property are damaged or destroyed by fire or any other cause against which Tenant is required to maintain insurance pursuant to this Lease, Landlord shall not be liable to Tenant for any such damage or destruction. 14. DAMAGE OR DESTRUCTION. 14.1 Termination. If the Premises or any portion thereof are damaged or destroyed by any cause, Landlord shall reasonably determine, within fifteen (15) days after such casualty, whether it would take more than one hundred twenty (120) days from the date of such damage or destruction to repair the same. If Landlord determines that more than 120 days would be required to repair such damage or destruction, then either Landlord or Tenant shall be entitled to terminate this Lease by written notice to the other. The foregoing notwithstanding, if the Premises or the Building are damaged or destroyed and Landlord, upon inspection, reasonably determines that (i) the cost of repairing the Premises will exceed ten percent (10%) of the replacement cost of the Premises and such damage is not covered by insurance maintained by or payable to Landlord, (ii) the cost of repairing the Premises will exceed twenty-five (25%) of the replacement cost of the Premises and such damage occurs within the last twelve (12) months of the term of this Lease (exclusive of any option periods), or (iii) the Building is damaged to an extent greater than twenty-five percent (25%) of its "l 10 replacement value (whether or not the Premises are damaged or destroyed), then Landlord shall be entitled to terminate this Lease by written notice to Tenant given on or before sixty (60) days after the occurrence of such casualty.+ ED L -P 14.2 Repair. If this Lease is not terminated as provided above, the damage to the Premises shall be repairectajfolIpw!: l A a; 0 g (a) Tenant shall promptly repair, at its expense, any damage to Tenant's Property and any improvements, additions and other alterations installed or constructed by Tenant. (b) Landlord shall have the option of repairing any damage caused by any act or neglect of Tenant or its employees, agents or invitees and shall charge to Tenant all costs and expenses incurred in connection therewith (including a service fee for Landlord in an amount equal to 15% of all sums expended by Landlord in performing or supervising the completion of the repairs). Tenant shall pay the same within five (5) days after presentment of a statement to Tenant indicating the amount thereof. In the event Landlord elects not to repair the damage, Tenant shall promptly repair the damage at its expense. (c) Landlord shall repair, at its expense, all damage not specified in subsections (a) and (b) above. 14.3 Abatement of Rent. During the period commencing with the date of any damage or destruction that Landlord is required or elects hereunder to repair, reconstruct or restore, and ending with the completion of such repairs, reconstruction or restoration, rental shall be proportionately abated in an amount equal to the proportion by which the number of rentable square feet in the Premises rendered unrentable bears to the total rentable square feet in the Premises immediately prior to such damage and destruction. Notwithstanding the foregoing, rental shall not abate if such damage or destruction was caused by the negligent or intentional act or omission of Tenant, its agents, employees, customers, contractors, invitees or licensees. Except as expressly set forth herein, Tenant shall not be entitled to terminate this Lease or to a reduction or abatement of rental or other sums payable hereunder in the event of any damage or destruction from any cause whatsoever. 14.4 Date of Termination. The effective date of termination for the purposes hereof shall be ten (10) days after receipt by the non -terminating party of the notice of termination from the other party. 15. CONDEMNATION. 15.1 Termination. If the Premises or any portion thereof are taken under power of eminent domain or conveyed by Landlord under the threat thereof (a "Condemnation"), this Lease shall automatically terminate as to the part so taken as of the date of Condemnation. If a portion of the floor area of the Premises, or all or a substantial portion of the parking area of the Building, is taken by Condemnation, and Landlord determines that it would not be economically feasible to utilize the Premises for the purposes for which the same were being used at the time of said taking, then Landlord shall be entitled to terminate this Lease as of the date of condemnation by giving written notice thereof to Tenant on or before twenty (20) days after said date. If more than twenty-five percent (25%) of the floor area of the Building and/or more than twenty-five percent (25%) of the land area surrounding the Building is taken by Condemnation (regardless of whether or not any portion of the Premises are taken), then Landlord shall be entitled to terminate this Lease as of the date of Condemnation by written notice to Tenant on or before twenty (20) days after said date. 15.2� Abatement of Rent. In the event of Condemnation of only a portion of the +' 11 Premises, rental shall be reduced in proportion to the amount of space actually taken. 15.3 Award. LandOIIL be entitled to the entire Condemnation award for any partial or entire taking of the Premises or other portion of the Building, including any award for the leasehold estate created hereb* Ind Terla�t h�rel�y wives any claim thereto; provided, however, Tenant shall be entitled to reover' from the taking authority (and not from Landlord) such compensation as may be separately awarded to Tenant, in Tenant's own name, for any damages to Tenant's business and any costs or losses incurred by Tenant in removing Tenant's Property. 15.4 Restoration. If only a part of the Premises is condemned and this Lease is not terminated pursuant hereto, then Landlord shall in the exercise of reasonable diligence and its own cost restore the Premises to its previous condition as nearly as is reasonable under the circumstances and within a reasonable time period after the Condemnation. In no event, however, shall Landlord be obligated to commence such restoration until it has received the entire Condemnation award for the Premises and in no event shall Landlord be obligated to incur expenses in making such restoration in an amount greater than such award, less costs, expenses, and fees (including attomeys' fees) incurred by Landlord in collecting such award. 16. QUIET ENJOYMENT. If Tenant pays the rental and other sums payable hereunder and performs all of the other provisions hereof, Landlord shall take no action to disturb Tenant's peaceable and quiet possession of the Premises during the term hereof. This covenant is a covenant as to title and shall not extend to, and Landlord shall not be liable for, any disturbance, act, condition or damage caused by any other tenant in the Building or anyone not otherwise claiming by or through Landlord, nor to any disturbance, act or condition permitted to be taken by or on behalf of Landlord under this Lease. 17. ESTOPPEL CERTIFICATE. Upon receipt of a written request therefor from Landlord, Tenant shall, from time to time, and within ten (10) days after receipt of such request, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the dates to which the rental and other charges are paid in advance, if any, (b) acknowledging that there are no uncured defaults on the part of Landlord, or specifying such defaults if any are claimed, and (c) certifying or acknowledging any other matters that Landlord may reasonably request for certification or acknowledgment. Any such statements may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the Premises or the Building. Tenant's failure to deliver such statement within such time shall be conclusive against Tenant that (i) this Lease is in full force and effect, without modification except as may be represented by Landlord, (ii) there are no uncured defaults in Landlord's performance, and (iii) not more than one month's rent has been paid in advance. 18. SUBORDINATION. This Lease shall be subject and subordinate at all times to the lien of any mortgages, deeds of trust or other security instruments in any amount or amounts whatsoever now or hereafter placed on pr against the Building without the necessity of executing and delivering any further instruments on the part of Tenant to effectuate such subordination. Tenant hereby agrees, at the written request of the purchaser of the Landlord's interest pursuant to such foreclosure or other proceedings, to attorn to such purchaser or, at such purchaser's option, to enter into a new lease for the balance of the term hereof upon the same terms and provisions as are contained in this Lease. 12 Notwithstanding the foregoing, Tenant shall execute and deliver such further instrument or instruments evidencing such subordination of t4islLearse to the lien of any such mortgages, deeds of trust or other security instrument as may be requested 6Landlord within ten (10) days afterTenant's receipt of such request. In the event that Tenant shall fail, neglect or refuse to execute and deliver any such instrument(s) within ten (1 Qh,• y� after -recef�t 6-W1 Aen notice to do so and the receipt by Tenant of the instrument(s) to be executed -by it,`Tenant hereby appoints Landlord, its successors and assigns, the attorney -in -fact of Tenant irrevocably to execute and deliver any and at such instrument (s) for and on behalf of Tenant; provided, however, that Tenant shall not be required to effectuate such subordination, nor shall Landlord be authorized to effect such subordination on behalf of Tenant, unless the mortgagee or beneficiary named in such mortgage, deed of trust or other encumbrance shall first agree in writing, for the benefit of Tenant, that so long as Tenant is not in default under any of the provisions, covenants or conditions of this Lease on the part of Tenant to be kept and performed, that neither this Lease nor any of the rights of Tenant hereunder shall be terminated or modified or be subject to termination or modification, nor shall Tenant's possession of the Premises be disturbed or interfered with, by any trustee's sale or by any action or proceeding to foreclose said mortgage, deed of trust or other encumbrance. 19. SECURITY DEPOSIT. Tenant shall deposit with Landlord contemporaneously with the execution of this Lease that sum set forth in the Basic Lease Information as security for the full and faithful performance of each and every term, provision, covenant and condition of this Lease. If Tenant defaults under any provision of this Lease, Landlord shall be entitled, at Landlord's option and in addition to all other rights and remedies available to Landlord, to apply or retain the whole or any part of the Security Deposit for the payment of any Base Rental or any other sum in default, any other amount that Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default. The Security Deposit shall not be deemed as liquidated damages. If any portion of the Security Deposit is so used or applied, Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount. Landlord shall not be required to keep said Security Deposit from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. If Tenant fully complies with all of the terms, provisions, covenants and conditions of this Lease, the Security Deposit, or any balance thereof, shall be returned to Tenant or, at the option of Landlord, to the last assignee of Tenant's interest in this Lease, as soon as Landlord is able to determine the final amounts of Tenant's obligations hereunder after the expiration of the Lease Term or any period of holding over. Tenant agrees that if Landlord sells or exchanges Landlord's interest in the Premises during the Lease Term, Landlord may transfer the Security Deposit to any subsequent owner and, in that event, Tenant does hereby release Landlord from all liability for the return of the Security Deposit. Tenant shall not assign, pledge, mortgage or otherwise hypothecate its interest in the Security Deposit. 20. ASSIGNMENT AND SUBLETTING. 20.1 Landlord's Consent Required. Tenant shall not convey, transfer, sublease, assign, hypothecate, encumber or otherwise dispose of this Lease or any right, title or interest herein, whether voluntarily or by operation of law, without the prior written consent of Landlord, which consent may be given or withheld in Landlord's sole and absolute discretion. Any such assignment or subletting without Landlord's consent shall be void and/or terminate this Lease at the option of Landlord. The consent by Landlord to any assignment or other disposition shall not be construed as a consent to any other assignment or disposition. In the event Landlord approves any assignment or subletting by Tenant, it is hereby agreed by Landlord and Tenant that Tenant shall not realize any financial gain resulting from any increase in the rental value of the Premises. Therefore, as a condition of any assignment or subletting, it is agreed by the parties that Landlord shall receive all consideration due or or, 13 to become due to Tenant from a tk@gnee or sublessee with respect to such assignment or subletting, including, without limitation, the full and complete rental payments paid by such assignee or sublessee, including any amounts, laid in excess of Tenant's financial obligations under this Lease. As a condition to granting its donse'ht-hereunaer,Tanl cord shall have the right to require, and Tenant hereby agrees that it shall be reasonable for Landlord to require, that the proposed assignee (i) be financially capable of the payment of the Base Rental and other sums payable by Tenant hereunder and the performance of the other obligations of Tenant set forth herein, (ii) have a good reputation in the business community of which the proposed assignee is a part, and (iii) use the Premises in a manner consistent with the use allowed hereunder and not in violation of any other lease in the Building. 20.2 Attorneys' Fees. In the event Landlord is asked to consent to a sublease or assignment under Section 20.1 hereof, Tenant shall reimburse Landlord for reasonable attorneys' fees incurred by Landlord in connection with giving such consent. 20.3 Corporations Associations and Partnerships. If the Tenant is a corporation, an unincorporated association or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association or partnership in the aggregate in excess of fifty percent (50%) shall be deemed an assignment within the meaning and provisions of this Section 20. Tenant shall have the right, without Landlord's consent, to assign this Lease or sublet the Premises or any part thereof, to any corporation into which or with which Tenant merges or consolidates and to any parent, subsidiary or affiliated corporation provided that the resulting entity from such merger or consolidation shall have a net worth not less than Tenant's prior to the merger, and provided further that any such assignee shall deliver to Landlord a copy of a document satisfactory to Landlord by which such assignee agrees to assume and perform all of the terms and conditions of this Lease on Tenant's part from and after the effective date of such assignment. 20.4 No Merger. The voluntary or other surrender of this Lease by Tenant, a mutual cancellation of this Lease, or the termination of this Lease by Landlord pursuant to any provision contained herein, shall notwork a merger, but, at Landlord's option, shall eitherterminate any or all existing assignments or subleases hereunder, or operate as an assignment to Landlord of any such assignments or subleases. 21. REMOVAL OF TENANT'S PROPERTY. 21.1 Tenant's Property. The term "Tenant's Property, " as used in this Lease, is defined as those items of furniture, trade fixtures, equipment and personal property installed in, on or about the Premises by Tenant at Tenant's expense, such as freestanding cabinetwork and casework, metal storage units, signs, office machines, data processing equipment, security devices and chests, kitchen appliances and other items of personal property which are not attached or built in. 21.2 Removal. Unless Tenant is in default hereunder, Tenant may remove any of Tenant's Property immediately upon the expiration or termination of this Lease, and any of Tenant's Property remaining on the Premises upon such expiration or termination shall, at Landlord's option, become the property of Landlord, or Landlord may dispose of same, as attorney -in -fact for and at the expense of Tenant, as Landlord deems appropriate in its discretion and retain the proceeds therefrom. Tenant shall promptly repair, in a good and workmanlike manner, at its own expense, any damage to the Premises caused by the installation or removal of Tenant's Property. 22. SORRENDER. Upon the expiration or termination of this Lease for any reason Tenant shall immediately and peaceably surrender the Premises to Landlord in a safe and clean condition and in prl 14 good order and repair, reasonable wear and tear excepted. Should Tenant fail to surrender the Premises upon the expiration or termination of this Lease, Landlord shall have the immediate right to re-enter the Premises and act in accordance wits pgctign 28 hereof. No act or conduct of Landlord, whether consisting of the acceptance of the keyst I4elPremises, or otherwise, shall be deemed to be or constitute an acceptance by Landlord of the surrender of the Premises by Tenant prior to the expiration of the term hereof unless L�ffi lofd; prov�de�,T tarltcnrith a written acknowledgment of acceptance of surrender signed by Landlord. The volunaty ofi o{{her surrender of this Lease by Tenant or a mutual cancellation thereof shall, at the option of Landlord, (i) terminate any or all existing subleases or concessions whether or not previously consented to by Landlord, or (ii) operate as an assignment of any or all such subleases or concessions. 23. HOLDING OVER If Tenant should remain in possession of the Premises after the expiration or termination of this Lease, without an execution by Landlord and Tenant of a new Lease or a written renewal or extension of the term of this Lease, then Tenant shall be deemed to be occupying the Premises as a tenant -at -sufferance, subject to all of the covenants and obligations of this Lease except that Tenant shall pay as Base Rental for the Premises during such period an amount equal to one hundred fifty percent (150%) the Base Rental being payable by Tenant as of the last full calendar month preceding the expiration or termination of this Lease or, if there are any rental credits or concessions applicable to the rentals paid during such last full calendar month preceding the expiration or termination of this Lease, as of the last full calendar month when no such rental credits or concessions were applicable to the rentals payable hereunder. No holding over by Tenant after the term of this Lease, either with or without the consent and acquiescence of Landlord, shall operate to extend this Lease for a period longer than one (1) month, and any holding over with the consent of Landlord in writing shall thereafter constitute this Lease a lease from month to month. Tenant shall indemnify Landlord against all claims for damages against Landlord caused by holding over after expiration or termination of this Lease including, without limitation, claims for damages by any tenant or lessee to whom Landlord may have leased the Premises, or any portion thereof, for a term commencing after the expiration or termination of this Lease. 24. TAXES ON TENANT'S PROPERTY. Tenant shall pay, prior to delinquency, all personal property taxes assessed against or levied upon Tenant's Property. Tenant shall cause Tenant's Property to be assessed and billed separately from the real property of which the Premises form a part. In the event any or all of Tenant's Property shall he assessed and taxed with said real property, Tenant shall pay to Landlord its share of such taxes, as determined by Landlord, within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant's Property. 25. FORCE MAJEURE. If Landlord is delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, civil disorder, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the reasonable control of Landlord (financial inability excepted), performance of such act shall be excused for the period of delay. Nothing herein shall excuse Tenant from complete performance of all obligations; imposed by this Lease (including, without limitation, the timely payment of any rental or other sum fequired to be paid by Tenant). 26. RIGHTS RESERVED BY LANDLORD. or, 15 The following rightyr NN eby reserved by Landlord: (a) The right to designate and replace a "Managing Agent" to perform all or part of Land lord'�Ego liptions-pnc this I��ase. (b) The right to change the name or street address of the Building. (c) The right to add to or improve any part or all of the Building. (d) The right to grant to anyone the exclusive right to conduct any business and/or render any service to the Building, only to the extent that Tenant's rights under Section 32 are not affected. (e) The right to grant to any Tenant the exclusive right to use designated parking spaces (f) The right to use, lease, license or sell any portion of the Building, or any other property owned or controlled by the Landlord, for any lawful purpose. (g) The right to reasonably approve the weight, size and location of safes, vaults, computers, machinery, book shelves and other heavy equipment and articles in and about the Premises and the Building, and to require all such items to be moved in and out of the Building or the premises only at such times and in such manner as Landlord shall direct, and in all events at Tenant's sole risk and responsibility. (h) The right to close or block off temporarily or permanently any exterior doors and windows in the Building. (i) The right not to enforce a particular rule or regulation against a particular tenant at Landlord's sole discretion. Landlord shall not be responsible to Tenant for the non-performance by any other tenant or occupant of the Building of any of the rules and regulations established by Landlord. The foregoing rights are exercisable without notice to Tenant or liability for any inconvenience suffered by Tenant as a result thereof (including, without limitation, any diminution of lights, air or view) and Tenant shal I not be entitled by reason thereof to terminate this Lease or any abatement or reduction of rental hereunder. 27. NOTICES. No notice, consent, approval or other communication given in connection herewith shall be validly given, made, delivered or served unless in writing and sent by registered or certified United States mail, postage prepaid, to Landlord (or the Managing Agent if Landlord so designates in the Basic Lease Information) or Tenant, as the case may be, at the addresses set forth in the Basic Lease Information, or to such other addresses as either party hereto mayfrom time to time designate in writing and deliver in accordance herewith to the other party. Notices, consents, approval or communications shall be deemed given or received twenty-four (24) hours after deposit in the mail as hereinabove provided. 28. DEFAULTS: REMEDIES. 16 28.1 Defaults. The occurrence f one or more of the following events shall constitute a material default and breach of this Lead bi enant: (a) Tenant aban opt qp or-vacating;thb(�?remises. LU l_ 1 (b) Tenant's failure to make any payment of Base Rental or any other sum due under this Lease, together with interest thereon as herein provided, as and when due. (c) Tenant's failure to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant, other than as described in Section 28.1(b) above, where such failure shall continue for a period of twenty (20) days after written notice thereof from Landlord to Tenant. (d) To the extent that a declaration of default is not prohibited by law (i) the making by Tenant of any general assignment, or general arrangement for the benefit of creditors; (ii) the filing by or against Tenant of a proceeding under state or federal insolvency and/or bankruptcy laws (unless, in the case of a petition filed against Tenant, the same is dismissed within thirty (30) days; (iii) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the premises or of Tenant's interest in this Lease. 28.2 Remedies. In the event of any such default or breach by Tenant, Landlord shall be entitled to exercise the following rights and remedies at any time thereafter, with or without notice or demand, and without limiting Landlord in the exercise of any right or remedy which Landlord may have by reason of such default or breach (and Landlord shall be entitled to recover from Tenant all reasonable attorneys' fees and costs incurred by Landlord in enforcing its rights and remedies, regardless of whether legal proceedings are commenced): (a) Landlord shall have the right to terminate this Lease effective immediately upon delivery of notice thereof to Tenant. Tenant shall immediately surrender possession of the Premises upon receipt of such notice from Landlord. Notwithstanding such termination, Tenant shall remain liable to Landlord for damages in an amount equal to all rent and other sums that would have become payable by Tenant under this Lease during the balance of the Lease Term if this Lease had not been terminated, less the net proceeds, if any, of any reletting of the Premises subsequent to such termination, after deducting all of Landlord's expenses incurred in connection with such reletting. Landlord shall have the right to receive such damages from Tenant on the dates that Base Rental and other sums would have become payable under the Lease had the Lease not been terminated. Alternatively, Landlord shall have the right to recover from Tenant (i) the worth at the time of award (defined below) of the unpaid rent which had accrued at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount off such rent loss that Tenant proves could reasonably have been avoided; (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the Lease Term, had the Lease not been terminated, after the time of award exceeds the amount of such rent loss that Tenant proves could reasonably be avoided; and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result from such failure. The "worth at the time of award" of the amounts referred to above shall be computed by accruing interest on the unpaid amounts at the rate specified in Section 28.6. For the purposes of this Section, unpaid rent shall mean Base Rental and all additional rent that is payable by Tenant hereunder. "1 17 (b) Landlord s I a�ve the immediate right of reentry and may remove all persons and property from the Pre i es'without liability for damages sustained by reason of such removal. Such property may be removed and stored in a public warehouse or elsewhere at the cost of andfg tf p;acpquntof T.an2rtt. Should Landlord elect to re-enter as herein provided, or should ft take possession pursuan to legal proceedings or pursuant to any notice provided by law, it may either terminate this Lease to the same extent and with all the legal incidents as if the term hereof had expired by lapse of time, or it may from time to time, without termination of this Lease, relet the Premises or any part thereof in accordance with Section 28.3 below. No such reentry or taking possession of the Premises by Landlord shall be construed as an election on its part to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such reletting without termination, Landlord may, at any time thereafter, elect to terminate this Lease for such previous breach. (c) Landlord shall have the right, but not the obligation, to render the performance required to cure such default breach and to charge to Tenant all costs and expenses incurred in connection therewith (including a service fee equal to fifteen percent (15%) of all sums expended by Landlord to cure the default or breach), together with interest thereon from the date incurred by Landlord at the rate provided below, and Tenant shall immediately pay the same upon presentment of a statement to Tenant indicating the amount thereof. (d) No remedy herein conferred upon Landlord shall be considered exclusive of any other remedy, but the same shall be cumulative and shall be in addition to every other remedy given hereunder, or now or hereafter existing at law or in equity or by statute, including, but not limited to, the right to maintain an action to recover all amounts due hereunder. Landlord may exercise its rights and remedies at any time, in any order, to any extent, and as often as Landlord deems advisable. (e) In addition to every other remedy available to Landlord, Landlord may, in the event of default as defined in this Article, obtain the appointment of a receiver in any court of competent jurisdiction, and the receiver may take possession of Tenant's Property and any other personal property belonging to the Tenant and, used in the conduct of the business of Tenant being carried on in the Premises. Tenant agrees that the entry or possession by said receiver of the Premises and said personal property shall not constitute an eviction of Tenant from the Premises or any portion thereof, and Tenant hereby agrees to hold Landlord safe and harmless from any claim by any person arising out of or in anyway connected with the entry by said receiver in taking possession of the Premises and/or said personal property. Neither the application for the appointment of such receiver, nor the appointment of such receiver, shall be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant. 28.3 Reletting the Premises. Landlord, in the exercise of its rights under Section 28.2(a), shall have the right to relet the Premises or any portion thereof for such term or terms (which may be for a term extending beyond the term of this Lease) and at such rental and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable. Landlord shall also have the right to make such alterations and repairs to the Premises as Landlord may deem advisable, in its sole discretion. Upon such reletting, the rents received by Landlord shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment olI any costs and expenses of such reletting including broker's commissions and of such alterations and repairs; third, to the payment of rent due and unpaid hereunder; and the residue, ff any, shall be held by Landlord and applied to payment of future rent as the same may become due and payable hereunder. If the rents received from such reletting during any month are less than that to be paid during that month by Tenant hereunder, Tenant shall immediately pay any such deficiency to or, 18 Landlord. Such deficiency shall be calculated and paid monthly 28.4 No Waiver. No delay or orn�ssiop of Landlord to exercise any right or power arising from any default shall impair any such rig4oW©�er, or shall be construed to be a waiver of any such default or an acquiescence therein. No waiver of a default shall be effective unless it is in writing. No written waiver by Landlord ot„aPy;iprovisionf this Base or any breach by Tenant hereunder shall be deemed to be a waiver 8t" nj other Orovision'h&eof, or of any subsequent breach by Tenant of the same or any other provision. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to render unnecessary the procurement of Landlord's consent to or approval of any subsequent act of Tenant, whether or not similar to the act so consented to or approved. 28.5 Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be difficult to ascertain. Accordingly, if any monthly Base Rental payment or other amount due to Landlord hereunder shall not be received by Landlord within ten (10) days after the due date therefor, Tenant shall pay to Landlord a late charge equal to five percent (5%) of such amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant, and shall be in addition to any interest which may accrue thereon pursuant to Section 28.6 below. Any failure by Tenant to pay such late charge within five (5) days after such charge is incurred shall in and of itself constitute a material default and breach of this Lease. Landlord shall have the right to require Tenant to pay all past due obligations, including late charges and interest, in the form of a cashier's check or money order. 28.6 Interest on Past -Due Obligations. Any amount due to Landlord which is not paid when due shall bear interest, not to exceed the maximum rate allowed by law, from the date due until paid at a rate equal to two (2) percentage points in excess of the Prime Rate designated by First Capital Bank of Arizona from time to time during the period said amounts are owed to Landlord; provided, however that the interest rate shall not be less than ten (10) percent. Payment of such interest shall not excuse or cure any default by Tenant under this Lease. 28.7 Attorneys' Fees. In the event either party resorts to Judicial proceedings to enforce any right under this Lease or to obtain relief for any default by the other party the party prevailing in such proceedings shall be entitled to recover from the defaulting party the costs thereof, including reasonable attorneys' fees (as determined by the court and not by the jury). 29. BANKRUPTCY OF TENANT. 29.1 Additional Rights of Landlord. If any provision of Article 28 is unenforceable by reason of any state or federal insolvency and/or bankruptcy law, and any trustee in bankruptcy elects to assume or assign Tenant's rights and obligations hereunder, Landlord may nonetheless terminate this Lease unless such trustee cures all defaults then existing hereunder and provides adequate assurances of the source of rent and other consideration due under this Lease. 29.2 Proceeds of Assignment to Landlord. If this Lease is assigned to any person or entity pursuant to the provisions of the Bankruptcy Code, 11 U.S.C. Paragraph 101, et seq. (the "Bankruptcy Code"), any and all monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid or delivered to Landlord, shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or of the estate of Tenant within the meaning of the Bankruptcy Code. Any and all monies or other considerations constituting property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and be promptly paid to or turned over to Landlord. 19 29.3 Right of First Refusal. If, pursuant to the provisions of the Bankruptcy Code, Tenant assumes this Lease and proposes to assign the same to any person or entity who shall have made a bona fide offer to accept an assignment o this rease on terms acceptable to Tenant, then notice of such proposed assignment, setting forth i)`fhe name and address of such person, (ii) all of the terms and conditions of such offer, and (iii) the adequate assurance to be provided Landlord to assure such erson's future erformancetuO" ierlfhe leas inc'i' q without limitations, the assurance P P �,�, !u � �. referred to in Section 29.1 above, shall be given to Landlord by Tenant no later than twenty (20) days after receipt by Tenant, but in any event no later than ten (10) days prior to the date that Tenant shall make application to a court of competent jurisdiction for authority and approval to enter into such assignment and assumption. Landlord shall thereupon have the prior right and option, to be exercised by notice to Landlord given at any time prior to the effective date of such proposed assignment, to accept an assignment of this Lease upon the same terms and conditions and for the same consideration, if any, as the bona fide offer made by such person, less any brokerage commissions which may be payable out of the consideration to be paid by such person for the assignment of this Lease. 29.4 Assignee's Assumption of Liabilities. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on and after the date of such assignment. Any such assignee shall upon demand execute and deliver to Landlord an instrument confirming such assumption. 30. LANDLORD LIABILITY. 30.1 Default by Landlord. Landlord shall not be considered in default or breach of this Lease for the nonperformance of any obligation imposed herein unless Tenant provides Landlord with written notice of said nonperformance and: (a) If said nonperformance relates solely to the nonpayment of money, Landlord fails to perform within twenty (20) days after receipt of said written notice. (b) If said nonperformance does not relate solely to the nonpayment of money, if Landlord fails to commence performance within twenty (20) days after receipt of Tenant's notice and diligently continue such performance until the obligation for which performance is being rendered is fulfilled. 30.2 Sale of Landlord's Interest. In the event of any sale or conveyance of Landlord's interest in this Lease, Landlord shall be entirely relieved of all liability for Landlord's obligations under this Lease accruing thereafter, and the assignee or purchaser shall be deemed without any further agreement between the parties or their successors in interest to have assumed all of the obligations of Landlord under this Lease accruing after such conveyance. This Lease shall not be affected by any such sale or conveyance and Tenant agrees to attorn to such successor -in -interest. The Security Deposit made by Tenant hereunder may be transferred by Landlord to such successor in interest and thereupon Landlord shall be discharged from any further liability in reference thereto. 30.3 No Liability for Loss, Theft, Etc. Landlord and its agents shall not be liable to Tenant for any damage to property entrusted to employees of Landlord, nor for loss of or damage to any property by theft, disappearance or otherwise, nor for any injury or damage to persons or property resulting from any cause whatsoever, including without limitation fire, explosion, falling plaster, steam, gas, electricity, any act or omission of co -tenants or other occupants of the Building or of adjoining or contiguous property or buildings, water or rain which may leak from any part of the Premises or the Building or from the pipes, tanks, appliances or plumbing works therein, or from the roof, street or subsurface, or from any other place. Landlord and its agents shall not be liable to Tenant for interference with the natural light, nor for any latent defect in the Premises or in the Building. Tenant 01 20 Tenant herein are the joint and several obligations of the entities constituting the Tenant. If Tenant is husband and wife, the obligations hereunder stall extend individually to the sole and separate property 6'' I- Iotice given to an one of the entities constituting of each as well as to their community pro05dyr_ g Y g Tenant shall be deemed as having been given to all such entities. 33.6 Authority &-iecutie. Myindividual executing this Lease on behalf oforas representative for a corporation or other person, firm, partnership or entity represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, person, firm, partnership or other entity and that this Lease is binding upon said entity in accordance with its terms. If Tenant is a corporation, Tenant shall deliver to Landlord within fifteen (15) days after the execution hereof a certified copy of a resolution of the Board of Directors of said corporation authorizing or ratifying the execution and delivery of this Lease by the individuals executing and delivering same. 33.7 Arizona Law. This Lease shall be governed by the laws of Arizona. 33.8 Partial Invalidity. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 33.9 Incorporation of Exhibits. All exhibits attached hereto shall be deemed a part of this Lease. 33.10 Binding on Successors and Assigns. Each of the provisions of this Lease shall bind, extend to, and inure to the benefit of the respective heirs, legal representatives, and successors and assigns of both Landlord and Tenant; provided, however, that this clause shall not permit any assignment contrary to the provisions of Section 20. 33.11 Impartial Interpretation. This Lease is the result of negotiations between Landlord and Tenant and therefore the language contained in this Lease shall be construed as a whole according to its fair meaning and not strictly for or against either Landlord or Tenant. 33.12 Not Binding Until Signed. Submission of this instrument for examination shall not bind Landlord in any manner, and no lease or obligation on Landlord shall arise until this instrument is executed and delivered by both Landlord and Tenant. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first hereinabove written. "LANDLORD" FOUN71 VISTA P Ola IES, LLC By: r "TENANT" H. K. FOOV,',�/LLC By: ,r 22 0 jlS--V W-6'sw--w m v 0 ao a Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 9/4/03 Contact Person: Tom Ward Requesting Action:® TVDe of Document Needing Aimroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADnronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Qn*❑ ❑ Ordinance ® Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the special event request submitted by the Chamber of Commerce for the Thanksgiving Day Parade scheduled to be held from 9:00 a.m. to 11:00 a.m. on Thursday, November 27, 2003. Staff Recommendation: Approve No Purpose of Item and Background Information: To approve the special event request. This is an annual "holiday" event that automatically appears on the event calendar per Article 8-3. Application process and Council approval required. Applicant reimburses Town for any incurred expense. Application received 8/4/03, complying with major event provision for 90 day submittal. List All Attachments as Follows: Staff memo and application.. Type(s) of Presentation: None Signatures of Submitting Staff: Dep tment ead Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 19, 2003 FR: Tom Ward ire for of Public Works RE: Thanksgiving Day Parade Special Event I / The Chamber of Commerce has submitted their request for the Annual Thanksgiving Day Parade to be held on Thursday, November 271h, 2003 from 9:00 a.m. to 11:00 a.m. The event will utilize portions of Panorama Drive, allowing access to local traffic only. Saguaro will be closed from El Lago to Palisades; Palisades will be closed from Saguaro to La Montana; La Montana will be closed from Palisades to Avenue of the Fountains. Barricades will be placed at 5:30 a.m. and removed at 11:30 a.m. A certificate of insurance will be forthcoming prior to the event. This event has run smoothly in years past and the Special Events Committee recommends approval. EASpecial EventsManksgiving Day Parade.doc Town of Fountain Hills Special Event Permit Application Office of the Town Clerk, Special Event Coordinator RECENEL P.O. Box 17958. 16S36 E. Palisades Fountain Hills, AZ S526S 4 2003 Phone: 480-S37-2003 Fax: 480-S37-3145 F99NTAINt HILLS Date of Application: i) J Permit Application #: SE PA06 3- 2 Please complete the following information and return to the attention of the Office of the Town Clerk - Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a -johns, tents, etc. Major Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE: Holidav Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of twenty- five (25) days between the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1 / ame of Appri—cant (a t, Iffft, nu e) Application Information ��4 �� (Must be completed) 'HO�V( eess one or n s Stro Address at m ddress tfditterent trory a ) p�� Fax # C s A rep T-A-I-y Section 2 ��j� � ��/ Application Name of vent �(�� 7-0 Information o1/f�%1L��0 (Must be completed) Location of Event/Street Address Any changes shall be submitted to the If event is on private property provide:Owner's name one Clerk's office prior to •(� the end of the I" day Physical Starting ont o event of the event. CC: Parks and Recreation Department, Street Department, Marshals Department, the Fire Marshal, Other: 4- Physical erminauon Point of event If the event is to take place on City ropert), compete Section b. Sponsor s aE ess Sponsor s Phone rr If e event involves sponsorship or participation of a charity, provide the following: Attach an additional sheet if anty s: arm 50 1 (C-)T71u-m-ber necessary. Attach an additional sheet if necessary. Charity's Aaaress hanty s Phone # (t f di event rom a ve) Has this event ever been held at another location? E3 Yes No If Yes, please provide the following: Dates Location(s) Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes No If Yes, please explain: Will there be an admission charge: -EI_Yes yv+ No If Yes, how much? Will there be an amplified entertainment? _E] Yes El No If Yes, what type? Will there be live entertainment? ❑ Yes If Yes, complete the following: Group Performance Location Scheduled Time Tax ID # Attach an additional sheet if Will there be any novelty items sold? ❑ Yes No necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID # Attach an additional sheet if Will there be any contracted concessionaires/caterers? ? Ei Yes No necessary. If Yes, please provide the following information: (Attach an additional sheet Jnecess ) Name of Concessionaire/Caterer Address Phone Items sold Tax ID # Town of Fountain Hills Special Event Application Page 2 of 10 are Attach an additional sheet if Will there be artists:' 0 Yes No necessary. If Yes, please provide the following information: 10 Name of Artist Address Phone Items sold Tax In # What type of advertising/promotion will one prior tot the event. ❑ es o Radio F1 Yes m two T r es, ist steuons. Yes Ei No es. list stauons: Newspaper Ads M Yes ii 7—es—.7ist newspapers: Press Releases ❑ es o No If Yes, how many: Flyers/Posters Yes M No If Yes, where distributed and attach any planned promotional materials. Anucrpateu uauy ALWHUanCe: / 4 ` _ .�lctpatea Peak Attendance: Y /'�OZG •� (J Attach an additional sheet if List and describe the number ofvehicles and/or equipment which will be involved in the event necessary. Will there be animals involvn If yes, ple se ex t Yes ❑ No Section 3 Will the Event include any of the following: Yes No If Yes, be advised that event features may require an inspection Event Special Features and/or special permit from the building, engineering, fire, and/or health departments. (Please complete those Tents or Canopies Ei Yes 4 No applicable and include a Note: if more than I tent or canopy is being used, a site plan must be provided. If Yes, please provide the following information: site plan. Number of Tents/Canopies size(s) Company Nate Address Contact Phone Number Event features may require inspection and/or special permits from building, engineering, fire, and/or health departments Open Flames or Cooking es No If Yes, please provide the following information: Company Name: 'orK.i ❑ Company D es, please prov Phone Phone Temporary Fencing/Structures Yes No If Yes, please provide the following information: Company Name: Phone Town of Fountain Hills Special Event Application Page 3 of 10 The site of the event rust Ata Locations ies p(1 / no 11 ]'es, must be adequately Company Name: served by utilities and sanitary facilities Address Provide a site plan clearly depicting the location of all signage, directional and/or promotional that will be used in conjunction with the event. Siznaae shall not be posted earlier than two weeks prior to the first day of the event and must be removed within 48 hours following the event conclusion. Phone Number Port -a- o aste Controles o No If Yes, p ease provt a the following information: The site of tthheeeeveennt must be adequareh served by utilities annsaaniitta!n'faci�luies. Company Nacre Address h►�7/ �/ c/ / G Contact "" - ` �-" •// i(//1/ �"' / Phone Numbe ectrica Services/Generators ❑ es ly No If Yes, please provide the following information. Company Name Phone Number CarnivaUAmusement Rides o I es If I es, p ease provt e t e o owing t ormauon: Company Name: Lighting/Spotlights ❑ es V No If Yes, contact the Community Development Department as a special permit is required. Provide the following information: Company Signs/Banners Ei Yes No If Yes, contact the Community Development Department as a special permit is required. Provide the following information Company Innatables ❑ Yes No If Yes, contact the Communi _ Development Department as a special permit is required. Provide the following information. Phone Number Phone Number Phone Number Town of Fountain Hills Special Event Application Page 4 of 10 Other — Description of any other activities at event. Section 4 Streets/Traffic will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees): Complete those areas. which are applicable, Cin Streets Yes n No If Yes, provide the following and include on a site plan showing all strw F m/ro Street �' Date(s) ,CS/ DEC �� �4.[[trsc$T r ��� `T �67_=7:,7 Time s): requests. Af 5 /0 " C!�- G T •Ce Fsi; l�ScSt ?o JS D j� ehw El es r o es, provt e t e o owing: Sidewalk From/To Sidewalk Time(sl m Allevs es No if Yes, provide the following: Alley From/To Alley Date(s) Time(s) Parking on the property Public Parking Lots es o If Yes, provide the following: must be adequate to (If parking is to be on private property, written permission of the property owner must be included with the application.) serve any existing Parking Lot permanent uses as well as the special event use. onn rig r-o -whys Yes o If Yes, provide the location. Date(s) Time(s) Section 5 Use of Town Facilities Will any Town Facilities be used:' Ei Yes 0 No Complete those areas, which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. act ny Person Contacte Phone Will any Town Electric or water hookups be used? Yes `A No If Yes, provide the location If additional locations Electric Location ervue Needed On amps) are requested, please ervue Needed (in amps) Electric Location attach a site plan showing additional Water Location Service Needed locations and services needed. Water Location Service Needed e Responsible Person at the Event Responsible erson's Horne Address ome one Responsible erson's Business AddressBusiness Phone Pager (it applicable) Cell Phone # ( if applicable) Message # (if applicable) Town of Fountain Hills Special Event Application Page 5 of 10 ,%W rar OP L . ------ O; /;Jc- Im asvna-looeM ouvnovs y 0,hairs W/ a , g .badly _ (} o� aha 1 rs w/,m X - 1"O4.G -jD 11 5 7,g4-x L Section 6 Event Security Will the event be using private security? x Yes ElNoIf Yes, please provide the following: I (Must be completed) M�S� Address: Phone Contact Person Phone (if different than above) Number of personnel contracts or: Scheduled ours personnel will at the event: Will e event be requesung the services of ountam Hills MarshalsDepartment? ❑ Yes Cl No If Yes, please provide the following: Town of Fountain Hills Marshals Department Contact Person Phone Number r of personnel contracts or: Scheduled ours personnel will at the event: o schedule Deputy Marshals, s, please call - icers must be scheduled a mimmum of three weeks pnor to the event. *After reviewing the event application, the Town may require the use of deputies for the event. If deputies are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Section 7 Emergency Medical Will the event request Rural Metro's EMTs or paramedics? ❑ Yes No If Yes, please provide the following: Services (Please complete items, which are applicable.) Rural Metro Contact Person Phone Number of personnel contracted for: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scheduled a minimum of three weeks prior to the event. *After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. if emergency medical services are required, perrittee must provide above information as an amendment to the application before an event permit will be issued. Promoter may be required to provide a tent, cots, ice and water. Section 8 Alcohol Will there be alcohol at the event? ❑ Yes ❑ t If Yes, please provide the following: (Please complete items, which are applicable.) Type(s) of alcohol: Will e alcohol be sold? ❑ Yes ❑ No Will the alcohol be given away? ❑ Yes ❑ No Will event attendees be permitted to bring Lheir own alcohol? Cl Yes ❑ No s alcohol included in the admission price toLhe event. Cl Yes Cl No This applies to charitable, religious, fraternal or political groups only. If you answered Yes to any of the above, a liquor license is required. Whichtype of license will used for the event. Town of Fountain Hills Special Event Application Page 6 of 10 Extension of Prerruse (attach copy of State of Arizona App icauon) Special vent Liquor License (attach copy of State of Arizona Application) If applying fora Special Event Liquor License. the following must be provide Charity s or rganization s Name , tc i ', . umoer letter from the charity or organization agreeing to parvapate as —Me agent for the special event [quor [tense is required and must accompany the original event application. Name of Contact at Charity or Orgaruzation Phone On -Site Agent Responsible for Liquor s the event within of a church or school property me. ❑ Yes ❑ No What controls will used to keep attendees under the age of 21 from obtaining alcohol at the event . site plan showing locations of alcohol service areas, type and height of fencing. and security check areas must be provided and correspond to the description of the controls above. Describe how attendees over the age of 21 will be identified. Will more than w of the gross revenues derived from ME event enve om a 1—co-hool saes'. ❑ Y es ❑ No Section 9 Parade Information (Please complete items, which are applicable.) Assembly Area Lisassemory urea /� Number of Units'/�^C'/ Description of the units (motorized, animals, floats, and sound amplification?) Attach a proposed route and indicate assembly and disassembly areas. Time q -41-A Town of Fountain Hills Special Event Application Page 7 of 10 Section 10 Insurance Requirements Section 11 Fees Note: Town of Fountain Hills A certificate of insurance naming the Town of Fountain Hills as an additional insured MUST BE ON FILE in the Town Clerk's office at least 10 days prior to the actual event. Insurance is to be in limits of not less than $1 million combined single limit personal injury and property damage covering owned and non - owned auto liability, premise liability and comprehensive general including product liability where indicated. If liquor is served, an additional $2 million liquor liability policy is required naming the Town as additional insured. A separate Certificate of Insurance for $1 million is required from all carnival and amusement companies. Copies of all certificates of insurance required must be attached and must show the name of the event and dates of the coverage prior to the issuance of the event permit. For more information on insurance requirements, please contact Mr. Wally Hudson, the Risk Manager at 480-837- 2003. All companies must be licensed, or authorized to do business in Arizona. A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500 application fee. Once a major event application is approved by the Town Council , the applicant shall submit to the Town Clerk's office an amount of money equal to the estimate of all non -permit fees. Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.11 shall pay an application fee of one hundred dollar ($100). Local charitable nonprofit organizations are exempt from non -permit fees except cleaning/damage deposits and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering, etc. to insure that public safety standards are met. This exemptions does not apply to commercial events sharing sponsorship with charitable non-profit organizations. • Application fees must be submitted with the application. Applications received without the appropriate fees will not be accepted. • The deposit shall be paid not more than thirty (30) days after Town Council approval of the major events calendar. If the deposit is not received within the specified time, the event will be removed from the major events calendar and the event will be cancelled. • The Town of Fountain Hills may retain all or a portion of the deposit for failure to comply with the terms and conditions of the permit or the ordinances of the Town. The event will be invoiced for all non -permit fees or issued a refund after the Town expenditure review. - -------------------------------------- A cleaning/damage deposit may be required to insure that the area used by the applicant is left clean and the landscaping is left undamaged. The field Services Superintendent or his designee will determine whether a deposit is required and if the area has sufficiently been cleaned after the event. /f the area is cleaned satisfactorily and no damage occurs, the deposit will be returned. Special Event Application Page 8 of 10 Special Event Application Fee $500 Or Charitable/Non- profit Application Fee $100 FEE SUBMITTED WITH APPLICATION $ 16 G EstihiiWbf-'Event Costs For use by Staff Make checks payable to the Town of Fountain Hills PERMIT FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANING/DAMAGE DEPOSIT: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE OTHER FEE: DEPOSIT TOTAL Town of Fountain Hills $ Special Event Application Page 9 of 10 Section 12 Certification (Must be completed) Section 13 Fees Receipt FOR USE BY STAFF ONLY Section 14 I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event Application Fee Received: Check# Date Received: Charitable Application Fee Waived: Statute: Estimate of Event Costs Collected: CheckDate Received: Staff Signature Administratively , 20_ APPROVED or Administratively ❑ , 20_ DENIED Staff Signature Date ------------------------------------------------------------------------------------------------------- COUNCEL -)� Approved at the 4?— 7" " , 20V2Town Council Meeting. COUNCH. Town of Fountain Hills ❑ Denied at the , 20_ Town Council Meeting. Special Event Application Page 10 of 10 'f.- wqr cJ• �� .� (fir ^I�- t_,i P rk• w'�._. -� "- �o Parking y Mairs to/ 9' LLWe— a eGlR irs w/-M S' '64l lel z P 4.4 -JOA 5 T +oJ, Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 9/4/03 Submitting Department: Public Works Contact Person: Tom Ward Consent:® Regular:❑ Requesting Action:® TVDe of Document Needing ADUroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ® Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDTODriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the special event request submitted by the Chamber of Commerce for the Fountain Festival scheduled for Friday, Saturday and Sunday, November 14, 15 and 16, 2003 from 10:00 a.m. to 5:00 p.m. The event will require the closure of Saguaro from El Lago to Parkview, Parkview from Saguaro to La Montana, La Montana from Parkview to El Lago and Avenue of the Fountains from Saguaro to La Montana. Staff Recommendation: Approve Fiscal Impact No Purpose of Item and Background Information: To approve the special event request. The request is grandfathered event (has occurred for more than ten consecutive years in the community) and per Article 8-3 automatically appears on the event calendar. Application process and Council approval required. List All Attachments as Follows: Staff memo and application.. Type(s) of Presentation: None Signatures of Submitting Staff: 44,02- Dep tment ffead Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 19, 2003 FR: Tom War irec or of Public Works RE: Fountain Festival Special Event Request The Chamber of Commerce has submitted their request for the Annual Fountain Festival. This year's festival will be held Friday through Sunday, November 141h, 15th and 161h from 10:00 a.m. to 5:00 p.m. The usual street closures will be required: Saguaro from El Lago to Parkview, Parkview from Saguaro to La Montana, La Montana from Parkview to El Lago and Avenue of the Fountains from Saguaro to La Montana. The streets will be closed at 5:00 a.m. on Thursday, November 13, and re -opened at 6:00 a.m. on Monday, November 17. The Sheriff's Office will be working closely with the Chamber, Rural Metro, and local merchants to insure that all aspects of traffic control, security, and public safety are addressed. The Chamber has obtained permission from various organizations to use their property for event parking and a signage plan is on file. A certificate of insurance will be on file prior to the event. The application indicates that beer and wine will be included with the event. The Chamber no longer obtains a special event liquor license. The Veterans of Foreign Wars has applied and their application also appears on this agenda. This application was received on August 4th and complies with the major event provision for 90- day submittal. The Special Events Committee recommends approval. EASpecial Events\Fountain Festival.doc Special Event REGEV Permit Application AUG 0 4 203'3 r0UMN�AK .TOWN Town of Fountain Hills Office of the Town Clerk, Special Event Coordinator P.O. Box 1795S. 16S36 E. Palisades Fountain Hills. AZ 8526S Phone: 480-S 37-2003 Fax: 4S0-S37-3145 Date of Application: ' y �) Permit Application #: S E /' �Ooe j - 3 Please complete the following information and return to the attention of the Office of the Town Clerk - Special Event or fax the application to 480-837-3145. The appropriate application fee must accompany the application to be processed. (For fee schedule, please see Section 11.) Attach an area site plan of the event showing locations of all that are applicable: stages, street closure requests, sidewalk or right-of-way closure requests, starting or terminating points, liquor locations, security positions, port -a -johns, tents, etc. Major Event applications must be submitted to the Town Clerk's office no later than (90) ninety days prior to the event in order to be considered for scheduling on the special event calendar (January 1 through December 31). Applications will not be accepted less than (90) ninety days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. Minor Event applications must be submitted to the Town Clerk's office no later than (30) thirty days prior to the event. Applications will not be accepted less than (30) thirty days prior to the event. Incomplete applications and applications not accompanied with the appropriate fees, will not be processed. NOTE: Holiday Sales (related to a state or nationally recognized holiday or seasonal event) must be set up and conducted in one location and obtain a Use Permit through the Community Development/Planning and Zoning Department. Charitable Nonprofit Fund -Raising events are limited to four (4) events per year per organization. There must be a minimum of twenty- five (25) days between the last day of one major event and the first day of another major event. Two or more separate events may not occupy the same location on the same calendar day. Section 1 Application Information (Must be completed) G 3.4_ y;2_� Section 2 Application ivamc oli�evemm Information (Must be completed) ation of Event/ submitted to the eet Address Any changes shall be event is on private property provide: Owner's name one Clerk's office prior to the end of the 1" day Physical Starting Point o event of the event. CC: Parks and Recreation Department, Street Department, Marshals Department, the Fire Marshal, Other: rnvsicai ierrmnauon romt of event if ine event is to taf;e place on t ity rropert}, complete Section 6 a s cent HOUNsio sea ate an erne ve our matt, will gm to set up for Me event. r / - muter o a e event x / // �ciot ryes omoter's Fhone rs nsor(sl o D• e ve .S �37-�G �� ponsor s address Sponsors one a If the event involves sponsors p or participation of a charity, provide the following: Attach an additional sheet if Charity s Name 50k,j3"Su—mber necessary. Charity S Address Charity's Phone M (it different from above) Has this event ever been held at another location? Yes #No If Yes, please provide the following: Date(s) Location(s) Has the Applicant/Organization ever had a liquor license or events permit denied, revoked or suspended? _ Yes If Yes, please explain: Will there be an admission charge: _Yes No If Yes, how much? Will there be an amplified entertainment? _ Yes � No ✓�T�� /���D` ,^L v�r If Yes, what type? Attach an additional sheet if Will there be live entertainment? Yes No necessary. If Yes, complete the following: ,GrroupT Performance Location Scheduled Time Tax ID # /Li 67- Attach an additional sheet if Will there be any novelty items sold? ❑ Yes No necessary. If Yes, please describe below: Item Vendor Selling Price(s) Tax ID # Attach an additional sheet if Will there be any contracted concessionaires/caterers? ? s ❑ No necessary. If Yes, please provide the following information: (Attach an ad itionalYesheet if necessary) Name of Concessionaire/Caterer Address Phone Items sold Tax ID # i Town of Fountain Hills Special Event Application Page 2 of 10 How close are the nearest residences tot the event. Attach an additional sheet if Will there be artists. P F I es El \o necessary. If Yes, please provide the following information: Name of Artist Address Phone Items sold Tax ID # l57` T r-114174-1) What type of advertising/promotion will one prior tot the event. Yes p No Racho iff Yes Ei No If Yes. list stations: FV pt Yes Ei No es, list stauons: Newspaper Aas pn Yes 7 ;No it r es, nst newspapers:�� ❑ tvo it r es, now many: Flyers/Posters Yes n No If Yes, where distributed and attach any planned promotional materials. .6 A-' -i i —Anttcipa�Daily Attendance: Anticipated PeakAttendance: Attach an additional sheet if L' t an/d describe the number of vehicles and/ or equipment which will be involved in the event necessary.�N� Section 3 Event Special Features (Please complete those applicable and include a site plan. Event features may require inspection and/or special permits from building, engineering, fire, and/or health departments L� if /L /C Will there be animals involved? If yes, please explain. p Yes KNo Will the Event include any of the following: try Yes m No If Yes, be advised that event features may require an inspection and/or special permit from the building, engineering, fire, and/or health departments. Tents or Canopies 0 Yes r-1 No Note: If more than 1 tent or canopy is being used. a site plan must be provided. If Yes. please provide the following information: Number orTenWCanopies /yap t Size(s) VA -A 1 F5 [r G-boy%G.s �7`—Iv• f77f Company Name 4t d a ��Ti6T3 /�/Tic- /� o�'1!w ZTc /vT3 �- E v�vz�s Address �!/� / L�D (i► OG 'f'�fDx�fvl�-r " Contact • c ! ! L' - / Phone Number (Offt5Z Open Flames or Cooking Yes Ei No If Yes, please provide the following information: Fireworks Ei Yes Pq No If Yes, please provide the following information: Company Name: Phone N Temporary Fencing/Structures ❑ Yes No If Yes, please provide the following information: Company Phone Number Town of Fountain Hills Special Event Application Page 3 of 10 The site of the event First Aid Locations es o es, please /pr�ovt e t e o owing t ormatton: must be adequately Company Name: served by utilities and sanitary facilities Address Provide a site plan clearly depicting the location of all signage, directional and/or promotional that will be used in conjunction with the event. Si na a shall not be posted earlier than two weeks prior to the first day of the event and must be removed within 48 hours following the event conclusion. Phone ort-a- o aste Control Vy It es No If Yes, please provide the following information: The site of�thee event must be adequuaatttekV served by utilities and sanitary facilities. Company Name WA�" Address o� l Contact V (.G�1 / GA/V N l�l ( Phone Number scat ,erviceFdk enerators /p�yfl Yes /No it Yes, plea provide the following information: Company Nameu Address v eb2fVIVA ED Y es Company Name: Lighting/Spotlights es No /fYes, contact the Community Development Department as a special permit is required. Proph Signs/Banners ❑ Yes No If Yes, contact the Community Development Department as a special permit is required. Provide the following information Company I stables Yes No If Yes. contact the Community Development Department as a special permit is required. Provide the following information. Phone Number Phone Phone Number Town of Fountain Hills Special Event Application Page 4 of 10 Other —Description of any other activities at the event. Section 4 Streets/Traffic Will the event require closure or use of any of the following (Provide a parking plan adequate to accommodate anticipated attendees) Complete those areas, Cin Streets Yes No If Yes, provide the following which are applicable, 01 and include on a site Street Pequests.lan showing all �✓A9k�IC-U)I �Sa Q� zr -1 o�/T/1-X�� �� /.� smv� PI�I �C e F Fi✓r�5 — SA9GeA 1-' L `! /"0 �'a 14Nc ❑ t es ju - Sidewalk From/To Sidewalk Date(s) Time(sj n Allevs ❑ es q. o If Yes, provide the following: Alley From/To Alley Date(s) Time(s) Parking on the property Pubbe Parking Lots es ❑ o if Yes, provide the following: must be adequate to (If parking is to be on private property, written permission of the property owner must be included with the application.) serve any existing Parking Lot Date(s) Time(s) permanent uses awell as the special event use. .�/ `yL� own rig t-o -wrrvs es ❑ o If Yes, provide the location. Section 5 Use of Town Facilities Will any Town Facilities be used? Yes bEh No Complete those areas, �L]I which are applicable, If Yes, provide the location(s). and include on a site plan showing all requests. Facility Person Contacted Phone If additional locations are requested, please attach a site plan showing additional locations and services needed. Will anv Town Electric or Water hookups he used? AA Yes M No Ir Yes, provide the location i Responsible Person at the Event Responsible erson's Home Address Home Phone Responsible erson s Business Address Business Phone Pager (if app ica e) Cell Phone # ( it applicable) essage W—(if applicable) Town of Fountain Hills Special Event Application Page 5 of 10 Wr. 71 cD n ---- -_ - Y , 1 cl LZI , I --' V av n----� �.; N� ter.«: � r-»----) : : � � ,• 1� 74 nl — - — _ — _ — _ — _ — _ — _ — _ — _ — _ — - — _ _ . _ _ — . — . ....... -------------- ' ' 1. 1� 1 I —'-------------------'—' '— I-----------•--------_'_ -- ! M. r , M fIR r i RENTAL AGREEMENT BETWEEN N. PLAT 208 COMMON AREA PARKING LOTS AND FOUNTAIN HILLS CHAMBER OF COMMERCE WHEREAS, the Fountain Hills Chamber of Commerce wishes to enter into an agreement with the Plat 108 Property Owners Association relative to renting their parking lots in the north area of Plat 208 on the north side of Avenue of the Fountains, and WHEREAS, the Plat 208 Property Owners Association wishes to enter into an Agreement with the Fountain Hills Chamber of Commerce NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The length of the Agreement will be two years (2) in duration, commencing with the Great Fair Art show in February of 2002 and ending with the Fountain Festival in November of 2003 (4 events) after which time it will be open for re -negotiation. 2. This Agreement is non -transferable and applies only to the Plat 208 Property Owners Association common area parking lots. If there is a sale or other disposition of the common area parking lots, this Agreement becomes null and void and any other Agreement will be negotiated between the Fountain Hills Chamber of Commerce and new owners. 3. This Agreement is predicated on the Fountain Hills Chamber of Commerce's ability to continue to sponsor and produce these events and the Plat 208 Property Owners Association's ability to rent these lots. 4. It is understood by all parties that in addition to rental costs, the Chamber expects to assume additional costs for such items as barricades, security and labor, to insure adequate parking for tenants and customers of Plat 208, and will continue to do so. 5. Based on the foregoing: A. The Fountain Hills Chamber of Commerce will pay to the Plat 208 Property Owners Association a sum of $3,000.00 per event during the first year only of this Agreement, ending with the Fountain Festival in 2002. In the second year, the fee for the common area parking lots will be $3,120.00 (4% increase) ending with the Fountain Festival in 2003. 6. The Fountain Hills Chamber of Commerce will continue to be responsible for any damage to the common area parking lots, including damage to curbs caused by fairgoers during both the Fountain Festival and Great Fair events. The Chamber will continue to use dirt ramps to minimize damage to curbs. Prior to each event a representative from the Chamber together with a representative of the Plat 208 Property Owners will inspect the common parking areas to note existing damages. After the conclusion of the event, the same representatives will inspect the common parking areas to note any new damage caused by fairgoers. Dirt ramps will be removed and correction of damages will commence within 10 days after the date of the inspection. 7. The Fountain Hills Chamber of Commerce also agrees to coordinate the use of the common parking area lots by submitting the schematic plan to the Plat 208 Board of Directors at the same time that the plan is submitted to the Town of fountain Hills. S. The Plat 208 Property Owners Association will allow the Fountain Hills Chamber of Commerce to utilize the rented lots without restriction as to parking during the time of this agreement (except as noted in Item 4 above). 9. Business owners will be allowed to display their services or products on their private property or common areas (excluding common area parking lots). The use of space will be for the business owner's use only and there will be no sub -letting by business owners to any other entity permitted. Any request by a business for use of common areas must be submitted to and approved by the Board of Directors of Plat 208 Property Owners Association. 10. This Agreement will be binding on current and future Fountain Hills Chamber of Commerce Boards of Directors and future Boards of Plat 208 Property Owners Association, for the terms of the Agreement This Agreement can be terminated by either party 90 days from the date of a written notice stating the intent of terminating the Agreement 11. This represents the total Aft and nothing verbal or implied other than within this paper is recognized Any changes by either party will be in writing and added as an addendum N. Plat 208 Property Owners Association Fountain Hills Chamber of Commerce 3875 N. 44's Street Suite 102 P. O. Box 17598 Phoenix, AZ 85918 Fountain Hills, AZ 85269 Signed this day of , 2001 For the Fountain Hills Chamber of Commerce Board of Directors Bruce Hansen, President Signed: day of , 2001 In witness thereof: Signed day of , 2001 Frank S. Ferrara Signed day of 72001 Paul Perreault Signed day of ,2001 James Vodak Signed Judi Yates day of ,2001 For the N. Plat 208 Property Owners Association James Heasley, President Signed: day of ,2001 In witness thereof: Signed Vladimir Hulpach Signed Dan Kaufman Signed Barbara Pederson Signed Gordon Pittsenbarger day of ,2001 day of ,2001 day of ,2001 day of 001 /I MCO Custom PROPERTIES 1W July 10, 2003 Ms. Sharon Morgan Fountain Hills Chamber of Commerce P.O. Box 17958 Fountain Hills, AZ 85268 Dear Sharon: This is to confirm that MCO Properties will allow parking on approximately 11 acres identified as the Final Replat of Block 7, Plat 208 for the upcoming Fountain Festival of Arts & Crafts November 14 through November 16, 2003. In the event MCO closes on the sale of any lot within Block 7 on or before November 16, 2003, it is the responsibility of the Chamber to obtain authorization from the new owners. You will be required to provide the normal proof of liability insurance naming MCO Properties as the insured party. Sincerely, Greg Bielli President GB:jkr 16930 E. Palisades Blvd. ♦ Fountain Hills, AZ 85268 ♦ 480-837-9660 Fax: 480-837-1677 ♦ www.mcoproperties.com JLIL-16-2003 02:15 FROM:I!ILLAGE PEALT'( aFOUP 8472E11495 T0:480 016 3242 PAGE:02 07/15/20®3 08:08 480-016-3242 FOUTAIN HILLS C OF U r-Wut nr July 15, 2003 TO. lair. Sam Gsmbwa mu FROM: Sharon Morgan - Event Prt Fountain Hills Chamber of its Lot 1, Final Replat dock 2, Plat 208 ttit Via Fax: $47-251.1495 Mr �.1mbaccxra by wry Of tills tnem 1 on ygWesting permission tB AM the shove-rnenHOned parc6l Of land for Artiste patking for the Fountain Fosdval Of Arts and Ccaf3s this COM'ng Novembez l3 - 17, T003 t have spoken to Mr. Alike Snodgrass about this and he told me he did not belitve &at there would be any constriction started at that tirrit. The Chamber of Cpmrriorce will provide you with ineuranct for dot tirm period and will maito smut that any litter an&or trash will be -loved up after the event. The Chambers atlas art show the Great Fair is next year Febnucy 26 - Much 1, 2004. If thett to 130 construction stt Wd at this thne 1 would msPe'ctively ask for tho same ponctiseion. I will kmp in eonssot with Mr. Snodgrass about caruaructiOn. I thank you iD advance for, hopefully, Your Perrttiasiori for parking an Trot 1, Pinal Repot Black, plat 2®g. I can be reached at 480-837-1654 if you love any tluostiau attd my fkx nut! W for your reply l4 4&0.41 ti 3242. Perinmion gran► �1 �0R19 � err<uastan dtxtied Date 4NUate Founumn bills Chamber of ConrWC6 - P 0_ BOX 1IBM • Fountain ► IP*, Arizona 052W? i8 • (480)887-IW4 0 FAX (W) W7-3077 O zi �cni imt ----- - - ----------------------------------------------------- _-� —SAGUARO BOULEVARD In: 'u1 �0 0 0 w 7 CO J `��2 - O FH Middle School & 2 (3 High School �O 4- WA y STOP WAY STOP PAL/s q cc TRAFFIC LIGHT SUNFLOWER DR "�•C �,c z . Cj U p v PARKViEW EL LAGO BLVD. o AVENU Q EOFTH Q I E F�UNTA1 NS Church o EL LA BLVD. THISTLE DRIVE Church —3-WAY STOP o C Sop TV v FOUNTAIN INC�v A AVE. HILLS Y - °P EE $L41D._- K1NG Se INVAN stills G O�J CoaWELLS OR. F tit. SyFa BL VQ FF\G Rock County Club ' Fire Mountain Eagle GolfCourse fm TRAFFIC LIGHTS �ovwTM tfq Fe-s-rivAt d,.Ar a.03 7_jmp6y-d7 S1 &Ns - 0 1 vrc-f-iOn11.r J J Q x z 3 0 Ll GUVA31nos ouvnJVS Cl. z F W z > )r �z 0 ¢ 40 LL N LM LLJ = Cl) an " J 3aa3n x LL 3niaa a3nia ~ > 7► • w Z W N cr > Z Cc CC DW< m o�Z x T a0 VNVINOW VI X IiC X x N Q N Q m 3Ama ABIS=M v W W :oa =Qa ~ P Q� aveNu� M 3QNIIW Q � 3 m � W U l> UAIB SIIIN NIVINno3 9 NO N Section 6 Event Security will the event be using private security? ❑ Yes 0 No If Yes, please provide the following: (Must be completed) Security Company: Address: Contact Person Phone (if different than above) Number of personnel contracted or: personnel will De at me event: Will e event be requesting the services o es ❑ No �sv If Yes, please provide the following: W16 6 X8.0ontact Person Phone event: o schedule Deputy Marshals, s, please call Officers must be scheduled a nuiumumot three weeks prior to event. 'After reviewing the event application, the Town may require the use of deputies for the event. If deputies are required, perriunee must provide above information as an amendment to the application before an event permit will be issued. Section 7 Emergency Medical Will the event request Rural Metro's EMTs or paramedics?� Yes ❑ No If Yes, please provide the following: Services (Please complete items, t/ which are applicable.) ji�� Number of personnel contracted for: To schedule EMTs or paramedics, please call 480-837-9820. EMTs or paramedics must be scheduled a minimum of three weeks prior to the event. 'After reviewing the event application, the Town may require the use of EMTs or paramedics for the event. If emergency medical services are required, permittee must provide above information as an amendment to the application before an event permit will be issued. Promoter may be required to provide a tent, cots, ice and water. Section 8 Alcohol Will there be alcohol at the event?x Yes ❑ No If Yes, please provide the following: (Please complete items, which are applicable.) Type(s) of alcohol: Will e alcohol be so es ❑ No Will the alcohol be given away° ❑ Yes '1�J No Will event attendees be permitted to bring their own alcohol? ❑ Yes W No 4,44 s alcohol included in the admission price to the event. ❑ Yes ❑ No This applies to charitable, religious, fraternal or political groups only. 1/- L" 11 Town of Fountain Hills Special Event Application Page 6 of 10 MARICOPA COUNTY SHERIFF'S OFFICE To: Fountain Hills Chamber of Commerce From: Mr. Frank Ferraro Subject: Anticipated security needs for Fair M. Sir, Memorandum Sgt B. Roska # 878 Admin. Sergeant Date: July 31, 2003 Attached are various information sheets in regards to security needs for future fairs in town. I am projecting needs based on last February's event. This is an outline for now and changes can be made as needed. Included in this packet are: ➢ Map of area ➢ Expense sheet for anticipated man-hours ➢ Daily assignment roster for Deputies ➢ Copy of Sheriff's Office evaluation of last years event with recommendations for future fairs ➢ In addition to the listed paid deputy positions, a combination of approx 10-12 volunteer Posse from the Fountain Hills Posse and the Desert Foothills Posse will assist with traffic direction at the following intersections: o La Montana & Ave of the Fountains (post office) o La Montana & Parkview o El Lago & Verde River o La Montana & Palisades o Additional roving security If there is anything further that you need from me please call at 837-2047 Thank You 5000-135 RIO-93 (MW97 0.0 5/27/98) nPPI ITY MRTS DAY SHIFT NIGHT SHIFT SUPERVISOR COSTS HOURLY RATE $35 $35 $40 HOURS(PER DAY) 7 12 7 TOTAL $ (PER DEP) $245 $420 $280 NO. OF DEPUTYS(PER DAY) 6 1 1 TOTAL $ FOR SHIFT $1,470 $420 $280 NO. OF DAYS/NIGHT 3 3 3 TOTAL $ SHIFT(ALL FAIR) $4,410 1 $1,260 1 $840 TOTAL SECURITY COST (ALL FAIR DAYS) $6,510 (approximate) above totals do not include "donations" made to various Posse volunteer organizations cost for the sixth deputy on day shift was picked up by the farmers market organization Does not refelct the cost of adding, on more deputy (Sunday only) to work traffic light on Shea & Saguaro projected cost sheet for Great Fair272004 `w.• MARICOPA COUNTY SHERIFF'S OFFICE To: Fountain Hills Chamber of Commerce I From: Subject: FOUNTAIN HILLS GREAT FAIR Man power needs— Schedule REVISED 7/31/03 SCHEDULE FOR THE GREAT FAIR Thursday Overnight Security - One Deputy FRIDAY, SUPERVISOR: Deputy Set -10 am to 5 pm Deputy Assignments (4) SECURITY DEPUTY (1000 — 1700 hrs.) Saguaro Blvd & Carnival at Fountain Park 1. 2. Avenue of the Fountains 1. 2. (1) CHAMBER BOOTH (1000-1700 hrs.) 1. (1) Farmers Market (1000-1700 hrs.) 1. Memorandum Sgt B Roska # 878 Date: July 31,2003 (1) OVERNIGHT SECURITY - Saguaro, Ave. of the Fountains and the Park — 6 pm to 6 am 1. SATURDAY SUPERVISOR: Deputy Sergeant -10 am to 5 pm Deputy Assignments (4) SECURITY DEPUTY (1000— 1700 hrs.) Saguaro Blvd & Carnival at Fountain Park 1. 2. Avenue of the Fountains 1. 2. (1) CHAMBER BOOTH (1000-1700 hrs.) 1. (1) Farmers Market (1000-1700 hrs.) 1. (1) OVERNIGHT SECURITY - Saguaro, Ave. of the Fountains and the Park — 6 pm to 6 am 1. 5000-135 R10-93 (MW97 v1.0 5/27/98) SUNDAY SUPERVISOR: Deputy SEt. 10 am to 5 pm Deputy Assignments (4) SECURITY DEPUTY (1000 — 1700 hrs.) Saguaro Blvd & Carnival at Fountain Park 1. 2. Avenue of the Fountains 1. 2. (1) CHAMBER BOOTH (1000-1700 hrs.) 1. Jim Jeselun # 1214 — p 602-223-8856 (1) 1. �IARICOPA COUNTY SHERIFF'S OFFICE Memorandum The following is an overview of the activity related to the Great Fair. This report is a compilation of various opinions, remarks and reports from the deputies assigned to work the fair over the 3 days. The recommendations at the end of this report are meant to be points of discussion for future fair events. Which recommendation, if any, are acted upon are for the Town of Fountains Hills and The Fountain Hills Chamber of Commerce to determine. Attendance: ➢ Attendance figures were for the 3 day event was placed at approximately 160,000 attendees. ➢ Friday had the smallest of the crowds and Sunday had the largest. Sheriff Office Presence: ➢ Seven paid deputies were present each day. ➢ One supervisor and six deputies worked security during the day. ➢ One Deputy worked security overnight. ➢ The Sheriff Office Command post was present for all three days. ➢ Twelve volunteer Posse members from the Fountain Hills Posse (7) and Desert Foothills Posse (5) were used to augment the sworn deputies each day and assist in security and traffic control. ➢ Volunteer Posse members from the Sheriff's Mountain Rescue were present at a booth. ➢ Volunteer Posse members also provided free fingerprinting to any children attending the fair. ➢ Sheriff Arpaio attended the fair on Saturday and spoke with attendees. Criminal Activity: (non -traffic related) There were no criminal reports filed by any of the vendors at the fair. Also, no criminal reports were filed by any of the attendees at the event during the course of the 3 days. The Fountain Hills Marshal's Office also reported that no fair related incidents occurred that they had responded to over the 3 day period. Arrests: No arrests were made during the course of the 3 day fair that could be directly tied to any of the events taking place, vendors or any of the attendees at the fair. 5000-135 R10-93 (MW97 v1.0 5/27/98) W-7 Minor Incidents: (incidents not warranting a criminal report) ➢ There were no reports of any missing children during the 3 days of the fair. ➢ One dispute arose between a vendor and customer about the correct change due from a purchase made. The customer requested that deputies assist in resolving the dispute. A resolution was found that was mutually agreeable to both parties. ➢ A previously reported run away juvenile was located at the fair and returned to his parents. ➢ Only 3 medical calls were generated during the entire fair. Two were from injuries sustained from tripping on curbs, and one was a diabetic incident. On scene Rural Fire personnel handled these events. ➢ When Avenue of the Fountains was closed at 5:00 pm on Thursday to allow vendors to begin their set up process an unattended vehicle was still parked on the street. A registration check showed that the owner lived in Mesa and that the vehicle registration had expired 6 months ago. The car appeared to have broken down and had been parked there for several days. The car was towed in accordance with policy and state law. ➢ An area business on Saguaro had contracted with a vendor to set up a display tent on the retailers' property to sell wares. The vendor set his display up on Saguaro Blvd in the street in front of the business. It was discovered that this vendor did not have the proper permit/license to be in the street. When contacted by Sheriff's Deputies the vendor returned to the store front area maintained by the area retailer with whom he had contracted. Vehicle Accidents: The estimated amount if vehicle traffic is between 15,000 — 20,000 cars per day. ➢ Three private property (parking lot) hit & run reports were filed for the 3 days of the fair. ➢ Two surface street accidents were reported that could be related to the fair traffic movement. Both accidents were non -injury. Vehicle Movement: ➢ On Sunday there was a back up on westbound Shea Blvd at Palisades from cars leaving the fair and traveling back to Scottsdale. The back up went through the intersection of Fountain Hills Blvd. This was the only day that experienced any traffic backup related to the fair. Parking: ➢ Designated parking areas were few so drivers were improvising as the day went along. Many dirt lots, private lots and open space became instant parking lots. ➢ No reports of illegally parked cars on the roadway were received. ➢ A few area business owners noted difficulty in saving parking spots for their customers. Traffic Direction: ➢ The highest traffic volume for vehicle and pedestrian traffic was at the intersections of Avenue of the Fountains and La Montana & Parkview & La Montana. ➢ 3 Posse members continually manned the intersection of Ave of the Fountains & La Montana The Fountain Hills Festival 2003 Estimated Costs Day One Command Officer/Fire Marshal 9 hours @ $28.26 $254.34 Public Assist Unit 8 hours @ $15.21 $121.68 ALS Station and Crew (2) 8 hours @ $80.14 $641.12 Day One Total........ $1017.14 Day Two Command Officer/Fire Marshal 9 hours @ $28.26 $254.34 Public Assist Unit 8 hours @ $15.21 $121.68 ALS Station and Crew (2) 8 hours @ $80.14 $641.12 Day Two Total........ $1017.14 Day Three Command Officer/Fire Marshal 9 hours @ $28.26 $254.34 Public Assist Unit 9 hours @ $15.21 $136.89 ALS Station and Crew (2) 9 hours @ $80.14 $721.26 Day Three Total........ $1112.49 Event Standby Estimated Total=$3,146.77 Cost structure is as indicated above, this is an estimate of projected costs for the Fountain Hills Chamber of Commerce 2003 Festival. In addition, if situations dictate, the chief and/or his designee have the right to summon additional units at the expressed rates and expense of the event sponsor. It is our intention that all events in the Town of Fountain Hills are safe and coordinated to the benefit of our guests. Chief Mark Zim rman Date Fountain HillsRural/Metro Fire Department As the representative of the Fountain Hills Chamber of Commerce, I agree to the conditions of this contract and the estimated cost structure. I hereby grant Rural/ etro of Fountain Hills the S Medical C tract for the 2003 Festival. Sharon Morgan D to Fountain Hills Chamber of ommerce ! f A Extension of Premise (attach copy of State of Arizona Application) ication) Special vent Liquor License (attach copy of State of Arizona Application) It applying for a Special E%ent Liquor License. the following must be provided: Charity's or rgamzanon s Name501 tc- 3 N um r letter from the chauttv or organization agreeing to participate as the agent or speua event [quor -tense -s require an must accmt>Fan} the original event application. Name of Contact at Chanty or Organization Phone On -Site Agent Responsible for Liquor s the event within 300 of a church or school property me. ❑ es ❑ No What controls will used to keep attendees un er a age of 21 from obtaining alcohol at the event. sw—eplan—sTiowing locations of alcohol service areas, type and height of fencing, and security check areas must be prov- a an correspon to the description of the controls above. Describe how attendees over the age of 21 will be identified. Will more than ro of the gross revenues derived from the event be denve3om a co o sa es'. ❑ es ❑ No Section 9 Parade Information (Please complete items, which are applicable.) Assembly Area Time Disassembly Area tme Number of Units Description of the units (motorized, animals, floats, and sound amplification?) Attach a proposed route and indicate assembly and disassembly areas. Town of Fountain Hills Special Event Application Page 7 of 10 Section 10 Insurance Requirements Section 11 Fees Note: Town of Fountain Hills A certificate of insurance naming the Town of Fountain Hills as an additional insured MUST BE 01 FILE in the Town Clerk's office at least 10 days prior to the actual event. Insurance is to be in limits of not less than $1 million combined single limit personal injury and property damage covering owned and non. owned auto liability, premise liability and comprehensive general including product liability where indicated. If liquor is served, an additional $2 million liquor liability policy is required naming the Town as additional insured. A separate Certificate of Insurance for $1 million is required from all carnival and amusement companies. Copies of all certificates of insurance required must be attached and must show the name of the event and dates of the coverage prior to the issuance of the event permit. For more information on insurance requirements, please contact Mr. Wally Hudson, the Risk Manager at 480-837- 2003. All companies must be licensed, or authorized to do business in Arizona. A non-refundable application fee of five hundred dollars ($500) shall be submitted with each special event application. Applications received without the application fee will not be accepted. A commercial event sharing sponsorship with a charitable nonprofit organization shall not be exempt from the $500 application fee. Once a major event application is approved by the Town Council , the applicant shall submit to the Town Clerk's office an amount of money equal to the estimate of all non -permit fees. Special event applications submitted by a charitable nonprofit organization as described in Section 8-3-2.B shall pay an application fee of one hundred dollar ($100). Local charitable nonprofit organizations are exempt from non -permit fees except cleaning/damage deposits and rental fees where applicable. The Town reserves the right to require charitable nonprofit organizations to obtain services such as law enforcement, security, emergency medical, traffic engineering, etc. to insure that public safety standards are met. This exemptions does not apply to commercial events sharing sponsorship with charitable non-profit organizations. • Application fees must be submitted with the application. Applications received without the appropriate fees will not be accepted. • The deposit shall be paid not more than thirty (30) days after Town Council approval of the major events calendar. If the deposit is not received within the specified time, the event will be removed from the major events calendar and the event will be cancelled. • The Town of Fountain Hills may retain all or a portion of the deposit for failure to comply with the terms and conditions of the permit or the ordinances of the Town. The event will be invoiced for all non -permit fees or issued a refund after the Town expenditure review. A cleaning/damage deposit may be required to insure that the area used by the applicant is left clean and the landscaping is left undamaged. The field Services Superintendent or his designee will determine whether a deposit is required and if the area has sufficiently been cleaned after the event. If the area is cleaned satisfactorily and no damage occurs, the deposit will be returned. Special Event Application Page 8 of 10 '''p' Special Event Application Fee $500 Or Charitable/Non- profit Application Fee $100 FEE SUBMITTED WITH APPLICATION $ Esthi ate6fliEvent Costs For use by Staff Make checks payable to the Town of Fountain Hills PERMIT FEE: LAW ENFORCEMENT FEE: TRAFFIC ENGINEERING FEE: FIELD SERVICE FEE: CLEANING/DAMAGE DEPOSIT: FIRE SERVICE FEE: BUILDING SAFETY FEE: ENGINEERING FEE OTHER FEE: DEPOSIT TOTAL Town of Fountain Hills Special Event Application Page 9 of 10 Section 12 Certification (Must be completed) Section 13 Fees Receipt FOR USE BY STAFF ONLY I hereby certify that the statements made in this application are true and complete to the best of my knowledge, and that I am authorized to execute the application. Intentional omissions or falsification of information is sufficient grounds for denial of the application and subsequent revocation of the permit. I understand that all transactions in the course of the event are subject to any applicable city, county, and/or state sales tax. All event participants shall comply with sales tax regulations. I agree to indemnify the Town of Fountain Hills and its respective officers, agents, and employees from any and all losses, claims, liabilities, damages, costs, and expenses, including reasonable attorney's fees and court costs, resulting from the conduct of the applicant, sponsor or promoter, their employees or agents, with regard to the event 9,4 Application Fee Received: Check# Charitable Application Fee Waived: Statute: Estimate of Event Costs Collected: Check# Staff Signature Section 14 Administratively ❑ 20 APPROVED or Administratively ❑ 20— DENIED Date Recei Date Received: Staff Signature Date ------------------------------------------------------------------------------------------------------- COUNCIL Approved at the 9" 47" , 200— 3Town Council Meeting. COUNCIL ❑ Denied at the , 20_ Town Council Meeting. ('nmmrnrc_._._._._._._._._._.-._._._._._._._._._._._._._._.------- ._._._._.------- ._._._._._._._._._._.. Town of Fountain Hills Special Event Application Page 10 of 10 FOUNTAIN HILLS CHAMBER OF COMMERCE P.O. BOX 17598 FOUNTAIN HILLS, AZ 85269 PH. (480) 837-1654 BANK ONE FOUNTAIN HILLS. AZ 85268 91-211221 16816 7/8/2003 PAY TO THE THE TOWN OF FOUNTAIN HILLS **100.00 ORDER OF cv One Hundred and DOLLARS 8 U z THE TOWN OF FOUNTAIN HILLS P.O. BOX 17958 FOUNTAIN HILLS, AZ 85269 MEMO AP FEE - FOUNTAIN FESTIVAL 03 M "10 168 16115 1: 12 2 1000 20 20 Sell 20 2311• FOUNTAIN HILLS CHAMBER OF COMMERCE THE TOWN OF FOUNTAIN HILLS FF 03 T Bank One Checking AP FEE - FOUNTAIN FESTIVAL 03 7/8/2003 100.00 100.00 'i z I 1, Ll Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Meeting Date: 9/4/03 Contact Person: Tom Ward Consent:® Regular:❑ Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check ADDrODriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:[:] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the Special Event Liquor License Application submitted by Veterans of Foreign Wars, Post 7507. The request is for a fund raiser scheduled February 27-29 from 10:00 a.m. to 6:00 p.m. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for the special event liquor license. The application meets the security requirements, it complies with statutory and liquor license regulations, and it received a favorable recommendation from the Sheriffs Office based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Staff memo; Sheriff Office memo; application front page Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff - VIE D artment Head .C)3 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e. TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 19, 2003 FR: Tom Ward, it for of Public Works RE: Veterans of Foreign Wars Special Event Liquor License / I / The Veterans of Foreign Wars Post 7507 is requesting Council approval of a special event liquor license for a fund raising event scheduled for February 27 through February 29, 2004. Hours of operation are 10:00 a.m. to 6:00 p.m. The event will be held at Saguaro and Parkview and is scheduled to coincide with the Great Fair. Although the special event liquor license is issued by the state, local approval by the Council is required. Public Works and the Maricopa County Sheriff's Office have reviewed the application. It is consistent with previous applications and includes the following provisions: Security: • Security guards will be posted at the entrance and the exit to prevent alcohol leaving the permit area. • Security personnel present at all times to prevent liquor law violations Licensing Compliance: • Bona fide non-profit, charitable organization • Applicant is a member and authorized to act on behalf of the qualifying organization • Within the ten day per year limit (3 days this year including this event) • At least 25% of the proceeds going to the charitable organization making the application • Written agreement to suspend the existing Class 14 license during the event • Does not sell alcohol before 10:00 a.m. on Sunday morning Background Investigation: • Favorable recommendation from the Sheriff's Office (attached) • No previous infractions to result in denial Based on incident -free past events, statutory compliance, and the fund-raising nature of the event that benefits the community, staff recommends approval. EALiquor Licenses\Staff Memos\VFW 02-04.doc MARICOPA COUNTY SHERIFF'S OFFICE To: TOM WARD DIRECTOR OF PUBLIC WORKS FOUNTAIN HILLS Memorandum From: GALEN RIEFSCHNEIDER #960 ADMIN. COMMUNITY RELATIONS DEPUTY Subject: SPECIAL EVENT LIQUOR LICENSE I Date: August 13, 2002 M. Amaio. Sheriff The purpose of this memorandum is to endorse the attached special event Liquor License Submitted by Veterans of Foreign Wars Post 7507 of Fountain Hills. This issue will go before The City Council for final approval at a later date. During the February 27th thru 29th, starting at 10am and ending at 6pm time frame, the permit covers only the area specified in the application. As of this application, there have not been any known alcohol violations to date, which would prohibit granting of this permit. In addition, the Veterans of Foreign Wars Post 7507 will post two security guards at the entrance and the exit to prevent alcohol leaving the permit area. Based on the above information, I recommend approval of this permit. 5000-135 RI O-93 (MW97 0.0 5/27/98) A UTZONA DEPARTINKENT OF LIQUOR LICENSES & CON -SRO 800 ter Washington 5th Floor �_ 400 W Corr Phoenix AZ 85007-2934 `` � '✓ #15, (502) 54Z-5141 J Tucson AZ 85701-1352 • .#'� Q (520) 528-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25•00 per day, for I-10 day events orly A service fee of $25.0 will be charge-d for alI dishon dry checks (A.R.S. 44-6852) PLEASE NO THIS D0UTAIENT MLIST BE FULLY C0MPLETED OR IT iNTL-L BE RET TIUNNED. * �.AI'PLICATI©' I1fLiST BE APPRONTD E V LOCA° � Zh*?�IE3!"i D PT USE ONLY — ILIC## i i, Name of Organization: VETERANS OF FOREIGN 14ARS POST 7507 Non-Profit/I.R.S. Tax Exempt Number: 501 C 19 / TAX ID NO 7 4 - 2 51 4 5 4 7 3. The organization is a: (check one box only) El Charitable Fraternal (must have regular membership and in existence for over 5 years) El Civic 01 Political Park , BalIot Measure, or Camaaan Comz?uttee T� f p �,� L] Religious 4. %at is the purpose of this event? FUND RAISER (W. Location of the eve -it: c t 1 M VE)iiLNTA T � IITT T � , �268 Address of physical location (rot P.O. Bcx) CiR CountyZip Applicant must be a meanber of the gualiAing organization and authorized by an Officer, Director or Chairperson of the Organization named in Question #1- (Signature reltuired in section #18i 6. ApplIcan.t: " THULIEN BRTi. C;E ALAI 6/17jI947 Iasi First Middy Date of Birth 7. Applicant's Mailing Address: 15759 E. KUSTAING DR. FOUNTAIN HILLS, AZ 85268 Street City State zip 8- Phone l umbers: (480) 81 r�_��1 � � -A0 ) 836-2347 SiteOwrsrx �4n'J 1836-2347 Applicarit's Business # Applicant's Home # «. Date(s) & Hours of Event: (Rememi)-ar, you canr:.t set' aicohoi before Io:GGj a.m. on Sunday} Date Day 1: 21/97 / p 4 DaN• 2. 2/28/04 Day 3:—2/29�/04 Day 4: Day '5: Day of Week hT SAT SiIN Hours from A. M. /P. M Alai To A.M./P.M. 6 00 PM 6:00 Pm1 6:00 PM T�av 6: Day— . Day , !. Dav S: Day 9: - — av 10: — :; ^ar *I)isahled itu`zduals reouiring special acccznm0dations. rticase call (602) 542-9027. .10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES ®NO (attach explanation if yes) 11. This organization has been issuea special event license for �_ �`r► d i AYs this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter, or other person,, to manage the event? ❑ YES ZX NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100 % of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross . revenues of Alcoholic Beverage Sales. Name (Attach additional sheet if necessary) Address Percentage 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police IM Fencing 2_ # Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? ❑ YES ® NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? (ATTACH COPY OF AGREEMENT) YES ❑ NO N/A ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF 1 ORGANIZATION NA 1ED IN QUESTION #1 A. " IRUL197i , declare that I am an 0�g,p/Director/Chairperson appointing the fu (Print full name) , applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. X Z U( C�16u1!/ 3�.23 , 0expires e) (Title/Position) (Date) (Phone #) OFFICtALSFAL State of I County of ' JANE E. R0SINSON 'The fore ing instrument as acknowl ed before a this Nmry Public - state of Arizona MARICOPA Coin , MY com. expi Jan. 28, 005 day of tJ%3 Da of Month y� My Commissioon: Date) (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY APPLICANT NAMED IN QUESTION #6 19. I, , declare that I am the APPLICANT filing this application as (Print full name) as listed in Question 6. I have read the application and the contents and all statements are true, correct and complete. State of County of X The foregoing instrument was acknowledged before me this (Signature) day of Day of Month Month year My commission expires on: (Date) (Signature of NOTARY PUBLIC) You must obtain local government approval City or County MUST recommend event & complete item #20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted LOCAL GOVERNING BODY APPROVAL S ION 20. I, 1/Ij,r-� X1 r C 14,) S , tI f} -ld2 , h eco nd this speci • event application on (Government Official) (Title) behalf of g�- S�-0 (WK, Town or Gf (Sig e C1AL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: L (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY: (Title) (Date) SPECIAL EVEN7 LICENSED PREAUSES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label a o1e nclosure NOTE: Show nearest cross streets, highway, or road if location doesn't have an addreand security positions) LA MONTANiA DRIVE d m P o A 4 K m o (iJ 0 N _Tr G WX = 7 VERDE RIVER DRIVE ResVaotns' m P ® Q A R K N C G a 7" ix 11 SAGUARO EXHIBITORS F-1 TO F-40 2 3 a 5 6 cha"*. w C.......ro. mr.rm.d.n 6000 8 19 s 18 10 17 15 14 COVERED DIMING MEDIAN 12 13 EXHIBITORS E-1 TO E-53 •=HANDICAP ACCESS W Sea" 2 H U 0 v fq 0 m_ S 51 a>r S+N E R 0 K o ' Ln W G Parking Ul xlestroomsM Wabr BRULE CovtrW f DiMng A"a P 0 A o R oK to l G n u 16 BLVD t MEDIAN 1 FOUNTAIN PARK dl ANIL L :....: . ''i- tl MODEL d W I® 0 VETERANS OF FOREIGN WARS POST INSURANCE PROGRAM ­-'vc`00z7u - rrvt a iJ-bbL-/b99 • www.vfw.org • E-mail: vfwinsurance®locktonrisk.com July 25, 2003 Mr. Carl Propp, Commander VFW Post #7507 P.O. Box 20677 Fountain Hills, AZ 85269 Dear Mr. Propp: Please let this letter serve as temporary proof of insurance for VFW Post #7507, bound effective 7/23/03-4, until the full policy is received. Major coverage parts include: • General liability: $1 million per occurrence / $2 million aggregate • Liquor liability: $300,000 per occurrence / $300,000 aggregate Additional insureds will be listed in the policy as follows: • Town of Fountain Hills: P.O. Box 17598; Fountain Hills, AZ 85269 • Fountain Hills Chamber of Commerce: P.O. Box 17598; Fountain Hills, AZ 85269 Certificates of insurance will also be issued for you to show proof of insurance for any events throughout the year (concession stand at the state fair, etc.) Sincerely, puy_� a'c��� Jason Brown e F W Post Inswance r gro�am Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 9/4/03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the Special Event Liquor License Application submitted by Veterans of Foreign Wars, Post 7507. The request is for a fund raiser scheduled November 14-16, 2003 from 10:00 a.m. to 6:00 p.m. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To obtain Council approval for the special event liquor license. The application meets the security requirements, it complies with statutory and liquor license regulations, and it received a favorable recommendation from the Sheriffs Office based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Staff memo; Sheriff Office memo; application front page Tvpe(s) of Presentation: Consent Agenda Signatures of Submitting Staff. - S 4", A 4 1�0,r Def artment,h;ad Town 1Vlanager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 19, 2003 FR: Tom Ward, Director o b Works RE: Veterans of Foreign Wars Special Event Liquor License The Veterans of Foreign Wars Post 7507 is requesting Council approval of a special event liquor license for a fund raising event scheduled for November 14 through November 16, 2003. Hours of operation are 10:00 a.m. to 6:00 p.m. The event will be held at Saguaro and Parkview and is scheduled to coincide with the Fountain Festival. Although the special event liquor license is issued by the state, local approval by the Council is required. Public Works and the Maricopa County Sheriff's Office have reviewed the application. It is consistent with previous applications and includes the following provisions: Security: • Security guards will be posted at the entrance and the exit to prevent alcohol leaving the permit area. • Security personnel present at all times to prevent liquor law violations Licensing Compliance: • Bona fide non-profit, charitable organization • Applicant is a member and authorized to act on behalf of the qualifying organization • Within the ten day per year limit (3 days this year including this event) • At least 25% of the proceeds going to the charitable organization making the application • Written agreement to suspend the existing Class 14 license during the event • Does not sell alcohol before 10:00 a.m. on Sunday morning Background Investigation: • Favorable recommendation from the Sheriff's Office (attached) • No previous infractions to result in denial Based on incident -free past events, statutory compliance, and the fund-raising nature of the event that benefits the community, staff recommends approval. EALiquor Licenses\Staff Memos\VFW 11-03.doc MARICOPA COUNTY SHERIFF'S OFFICE To: TOM WARD From: DIRECTOR OF PUBLIC WORKS FOUNTAIN HILLS Subject: SPECIAL EVENT LIQUOR LICENSE Memorandum GALEN RIEFSCHNEIDER #960 ADMIN. COMMUNITY RELATIONS DEPUTY Date: August 13, 2002 The purpose of this memorandum is to endorse the attached special event Liquor License Submitted by Veterans of Foreign Wars Post 7507 of Fountain Hills. This issue will go before The City Council for final approval at a later date. During the November 14'h thru 161", starting at 10am and ending at 6pm time frame, the permit covers only the area specified in the application. As of this application, there have not been any known alcohol violations to date, which would prohibit granting of this permit. In addition, the Veterans of Foreign Wars Post 7507 will post two security guards at the entrance and the exit to prevent alcohol leaving the permit area. Based on the above information, I recommend approval of this permit. 5000-135 R10-93 (MW97 v1.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor _ 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44-6852) PLEASE NOTE: THIS DOCUIlIEN'T MST BE FULLY CONIPLETED OR IT NVILL BE RETURNED. "APPLICATION MUST BE APPROVED BY LOCAL GOVERN?NZENTILIC# DEPT USE ONLY 1. Name of Organization: VETERANS OF FOREIGN WARS POST 7507 2. Non-Profit/I.R.S. Tax Exempt Number: 501 C 19 / TAX ID NO 7 4 - 2 514 5 4 7 3. The organization is a: (check one box only) ❑ Charitable El Fraternal (must have regular membership and in existence for over s . .� ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious A +`� ` t' 2:i33 FOUN7AIN, HILLS 4. What is the purpose of this event? FUND RAISER O',A'N CLERK �wv . Location of the event: SAGUARD uT vn �n� pig T_ET�Au � y _ FOITNTATN NTT T S ,�268 Address of physical location (Not P.O. Box) City County Zip Applicant must be a member of the qualifying organization and authorized by an Officer. Director or Chairperson of the Organization named in Question #1 __ (Siznature required in section #18) 6. Applicant: THULIEN , BRUCE ALAN 6 / 17 / 19 4 7 Last First Middle Date of Birth 7. Applicant's Mailing Address: 15759 E. MUSTANG DR. FOUNTAIN HILLS, AZ 85268 Street City State Zip 8. Phone Numbers: (480) 4Ifi-511 5 (480) 836-2347 (480 )836-2347 Site Owner # Applicant's Business # Applicant's Horne # 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. To A.M./P.M- Day l: 4/0.3 T RT 10 * 00 AM 6: 00 PM Day 2: - 31/1;./ n-1 SAT 10:00 AM 6:00 PM Day 3:—1-11L16.10 3 S i iN 10 : 0 0 AM 6: 0 0 PM Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Dav 10: u.otob ttn000 *Disabled inhiduals requiring special accommodations, please call (602) 542-9027. 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES ® NO (attach explanation ify I I . This organization has been issued a special event license for - _ 4ys this Year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person_to manage the event? ❑ YES Z3 NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100 % of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross . revenues of Alcoholic Beverage Sales. Name (Attach additional sheet if necessary) Address Percentage 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police LI Fencing 2_ #/ Security personnel O Barriers 16. Is there an existing liquor license at the location where the special event is being held? ❑ YES ® NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ❑ YES ❑ NO (ATTACH COPY OF AGREEMENT) N/A ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page it to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or ow control measures and security positions. THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF 1 ORGANIZATION NAMED IN QUESTION #/1 `` n & I, Vk eff ,, J 4 tJ Lj &V J -,declare that I am an Offic!~/Director/Chairperson appointing the (Print full name) -- I applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. xj. �3� (Title/Position) (Date) (Phone #� ciAt s State of r County o IIJAN:EE.ROBINSON The fo o g instrument as aclmowl dged bef me s Nota. State of ArizonaPA Ja My o. Jan. 2 , 2008 day Of DarMonth Year My Commission expires on: ( j (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #t6 19. I, (Print full name) as listed in Question 6 complete. FA (Signature) declare that I am the APPLICANT filing this application as I have read the application and the contents and all statements are true, correct and State of County of The foregoing instrument was acknowledged before me this Day of Month day of Month a Year My commission expires on: (Date) (Signature of NOTARY PUBLIC) You must obtain local 2overriment approval. City or County MUST recommend event & complete item #120. The local city r)County jurisdiction may reQuire additional applications to be completed and additional licensing f efore approval may be granted. LOCAh GOVERNING BODY APPROVAL SECTION 1 20. I, -? , hereby recommend this special event application on V(Govet O al) (T' e) behalf of S } ( I 4z. (City, Town or County) (ignature ofOFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) ❑ APPROVED ❑ DISAPPROVED BY: (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAAT (This diagram must be Completed i4ith this application') Special Event Diagra m: (Show dimensions, serving areas, and label type �of enclose and r W NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. securiti positions) LA MONTANA DP",-: P -A R G )7 PC VERDE RIVER DRIVE P A 0 0 X W SAGUARO EXHIBITORS F-1 To F4o 21 4 mEDM 12 13 EXHISITORS r=-i T(> f-=-53 WNDICA P ACCTSS WV S j- N E 0 R1 0 o K Paining > G1 M 1� Restroor S4Vo, 2 BRULE C.Vlld Vk'�' DAti OI: P 0 CY K 0 Se u L-2 BLVD NT VETERANS OF FOREIGN WARS POST INSURANCE i-avu- 2U-dJVU • F-AX 913-652-7599 • www.vfw.org • E-mail: vfwinsurance@locktonrisk.com July 25, 2003 Mr. Carl Propp, Commander VFW Post 47507 P.O. Box 20677 Fountain Hills, AZ 85269 Dear Mr. Propp: Please let this letter serve as temporary proof of insurance for VFW Post #7507, bound effective 7/23/034, until the full policy is received. Major coverage parts include: • General liability: $1 million per occurrence / $2 million aggregate • Liquor liability: $300,000 per occurrence / $300,000 aggregate Additional insureds will be listed in the policy as follows: • Town of Fountain Hills: P.O. Box 17598; Fountain Hills, AZ 85269 • Fountain Hills Chamber of Commerce: P.O. Box 17598; Fountain Hills, AZ 85269 Certificates of insurance will also be issued for you to show proof of insurance for any events throughout the year (concession stand at the state fair, etc.) Sincerely, Jason Brown e VFW Post Insurance rogram — ---- Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 9/4/03 Contact Person: McGuire Requesting Action:® TVAe of Document Needing Annroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: IGA Council Prioritv (Check Apnroariate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of RESOLUTION 2003-51 approving the IGA with Maricopa County regarding the use of county animal shelters. Staff Recommendation: Approve Fiscal Impact: Yes $12,000.00 Purpose of Item and Background Information: On June 30, 2003, the Town eliminated the animal control program that had been provided by the Marshals Department. On July 1, 2003, the Town entered into an Intergovernmental Agreement (IGA) with Maricopal County Animal Care and Control for the services. The agreement provides for the County to respond to all animal complaints and loose dog calls, but does not provide for sheltering and euthanasiz, if required. Shelter services are normaly providee by the County without charge if they maintain the licensing program; however, the Town wanted to determine if it was cost effective to keep the licensing program and contract for shelter services or turn the licensing over to the County. The analysis indicated that the licensing revenue would exceed the estimated shelter costs, and therefore, prepared the attached IGA for shelter services. List All Attachments as Follows: IGA and Resolution 2003-51 Type(s) of Presentation: none Simnatures of Submitting Staff: Department Head_ _ Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee HOLD FOR PICK UP CLERK OF THE BOARD BASKET PICK UP OFFICIAL RECORDS OF MARICOPA COUNTY RECORDER HELEN PURCELL 2003-1677143 12/10/03 15:59 5 OF 6 DELROSSOR CAPTION HEADING: Initergovernmental Agreement between Maricopa County and the Town of Fountain Hills for animal shelter services C-79-04-039-2 DO NOT REMOVE This is part of the official document RESOLUTION NO. 2003-51 C " 7 9 -0 q -0 3 41 ✓ ~0-d A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY REGARDING THE USE OF COUNTY ANIMAL SHELTERS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills (the "Town") and Maricopa County (the "County") regarding the use of the County's animal shelters (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, September 4, 2003. FOR THE TOWN Ok*OUNTAINHILLS: ATTESTED TO: , 0/rA M/., jow WVj,2a2, h4s, W. J. Nichols APPROVED AS TO FORM: An v J. cGuire, Town Attorney 9196.00R. Resolutions\ MC IGA shelter..res.doc 8-28.03-1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS —0 3' -� AND MARICOPA COUNTY ii ' , , REGARDING THE USE OF COUNTY ANIMAL SHELTERS THIS INTERGOVERNMENTAL AGREEMENT for animal shelter services (this "Agreement") is made and entered into , 2003 by and between Maricopa County (the "County"), a political subdivision of the State of Arizona and the Town of Fountain Hills (the "Town"), a municipal corporation of the State of Arizona. WHEREAS, the County maintains facilities, equipment, and trained personnel for the intake and humane sheltering of animals; and WHEREAS, the Town desires to enter into an agreement with the County for animal sheltering services; and WHEREAS, the County and the Town are authorized, pursuant to A.R.S. §11-952, A.R.S. §11-201(A)(3), and A.R.S. §11-1001 et. seq., to enter into this Agreement. NOW, THEREFORE, the parties mutually agree: 1. Responsibilities of the County 1.1 The County shall impound and quarantine, in accordance with A.R.S. §11-1014, any animal suspected of having rabies and delivered by the Town or any resident of the Town to a County animal shelter; 1.2 The County shall keep and maintain, at a County animal shelter, stray dogs and stray cats not suspected of having rabies, and delivered by the Town or any resident of the Town for a minimum of 72 hours unless claimed by their owners. The County may place any dog or cat not redeemed by its owner for sale or may dispose of the animal in a humane manner in accordance with law. The County may euthanize impounded sick or injured animals whenever necessary to prevent inhumane, unhealthy or dangerous conditions or circumstances; 1.3 The County shall bill the Town on a quarterly basis for services rendered. 2. Responsibilities of the Town 2.1 The Town shall pay the County an impound fee of $50.00 for each stray dog and cat impounded by the County pursuant to this Agreement; 2.2 The Town shall pay the County an impound fee of $61.00 for each feral cat impounded by the County pursuant to this Agreement; 2.3 The Town shall pay the County a euthanasia fee of $25.00 for each animal `r. euthanized by the County pursuant to this Agreement; 9196.004\MC IGA Sheltenv2.doc 8-28-03-1 1 2.4 The Town shall pay the County a boarding fee of $10.00 per day for each animal �r impounded by the County pursuant to this Agreement, with the exception of feral cats, in which case, the daily boarding fee is included in the $61.00 impound fee; 2.5 The Town shall pay the County a $25.00 fee for each deceased rabid animal submitted to the Arizona State Laboratory and $50.00 for each rabid animal delivered that is euthanized by the County and submitted to the Arizona State Laboratory; 2.6 The Town shall make payments promptly upon receipt and verification of County invoices, no less than quarterly. 2.7 The Town has appropriated sufficient funds in its fiscal year 2003-04 budget to pay for fees charged pursuant to this Agreement. 3. Indemnification To the extent permitted by law, the County and the Town shall indemnify, defend and hold harmless each other, each other's officers, employees, contractees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, or damages of any kind or nature relating to this Agreement which are the result of any intentional or negligent acts or omission of the indemnitor or indemnitor's officers, employees, contractees, agents, and anyone acting under its direction or control. 4. Duration and Termination The terms of the agreement shall be from the date set forth above until June 30, 2004 and may be renewed for subsequent one-year periods upon the mutual written agreement of the parties. Either party may terminate this agreement at any time and without cause by giving written notice 90 days prior to the actual date of termination. This Agreement may be terminated at any time without notice and without further obligation to the terminating party when the other party is found to be in default of any material provision of this Agreement. 5. Conflict of Interest Pursuant to the provisions of A.R.S. § 38-511, either party may cancel this Agreement without penalty or obligation, if any person significantly involved in the initiating, negotiating, securing, drafting, or creating this Agreement on behalf of the terminating party is at any time while the Agreement or any extension thereof is in effect an employee of the other party to the Agreement in any capacity with respect to the subject matter of this Agreement. 6. Applicable Law This Agreement and all obligations upon the County or the Town arising therefrom shall be subject to any limitations of budget law or other applicable local law or regulations. 9196.004\MC IGA Shelter.v2.doc 8-28-03-1 2 7. Entire Agreement Va` This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and any modification or amendment to the terms and conditions of this Agreement shall be done in writing and signed by both parties. IN WITNESS WHEREOF, the parties enter into this Agreement as of the date first set forth above. "COUNTY" Maricopa County, a political subdivision of the State of Arizona By:1114��iJ-f 3IoJ Chairman, Board of Supervisors Attest: ® C c of the Board "TOWN" Town of Fountain Hills, an Arizona municipal corporation /f By:� W. J. Ni ho s, Attest: Bevelyn .i• • In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under thee s of the State of Arizona. puty County Attorney Andrrw J. McGuire, Town Attorney 9196.004\MC IGA Shelter.v2.doc 8-28-03-1 3 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 9/4/03 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas):. ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of RESOLUTION 200348 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 10, Block 2, Plat 505C (16432 N. Kim Drive) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA03-11 - Steve Reiner. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The applicants submitted the application on July 25, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: Depa tment Head Town Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 7, 2003 FR: Art Candelaria, Civil Engineer RE: Easement Abandonment 03-11 Randy Harrel, Town Engine 16432 N. Kim Drive Reviewed: T d, Direct r f ublic Works Plat 505C, Block 2, Lot 10 This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the westerly property line of Lot 10, Block 2, Plat 505C, (16432 N. Kim Drive) as shown in Exhibit "A". The property owners of Lot 10 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. There is an existing fire hydrant and electrical transformer at the southeast corner of the lots; new PUE should be provided there. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be ~ abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 10 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-48, subject to the following stipulation: • Grant a 10x10 Public Utility Easement at the southeast corner of the lot. Enc: Resolution Exhibit C: Steve Reiner LaVonne Wilson Tr. ACandelaria/BBrannon EA03-11 - 505C-2- I O.doc RESOLUTION 2003-48 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 10, BLOCK 2, OF PLAT 505C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the westerly property lot line of Plat 505C, Block 2, Lot 10, Fountain Hills, as recorded in book 158 of maps, page 42 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 10 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-48, 505C-2-10 EA03-1 l.doc I PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 4, 2003. FOR THE TOWN OF%FOUNTAIN HILLS: ATTESTED TO: Y. W.J. Nic ols, r Bevelyn J. dVender, Town Clerk Resolution 2003-48, 505C-2-10 EA03-1l.doc 2 APPROVED AS TO FORM: 0, 1 , 'qA Andrew J. cGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505-C BLOCK 2 LOT 10 LOT 30 ABANDONMENT MCR 91-0580816 RES 1991-23 rJ r f� ABANDONMENT "-�MCR 03-0697345 e RES 2003-15 1 .�., LOT 9 > 18 9g4; ABANDON 10' P.U.E & D.E. Los BLOCK 2 0 0 10 N� LOT 10 00 � o 2 � II 0: Q NEW 10'x10' P.U.E. (BY SEPARATE DOCUMENT) 44 N 86'2923'" E ' 161.25 LOT 11 N W E S SCALE: 1 "=40' DATE: 08-06-03 / / / o� I LOT 53 i i I I ICOBBLESTONE LANE I i Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 9/4/03 Contact Person: McGuire Requesting Action:® TVUe of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of RESOLUTION 2003-52 repealing Resolution 2003-34 and abandoning the Final Plat of Coyote Run as recorded on Book 381, page 33, of the records of Maricopa County, Arizona. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: Correction of error on previous Resolution 2003-34 passed by the Council at the July 1, 2003 meeting. List All Attachments as Follows: memo and Resolution 2003-52 Type(s) of Presentation: none Signatures of Submitting Staff: Department Head �0 '> �� _3 TowdManager / Designee Budget Review (if item not budgeted or exceeds budget amount) JORDEN BISCHOFF MCGUIRE & ROSE P.L.C. LAW OFFICES MEMORANDUM TO: Mayor and Town Council Town Manager FROM: Andrew J. McGuire, Town Attorney DATE: August 28, 2003 SUBJECT: Repeal of Resolution No. 2003-34 7272 E. INDIAN SCHOOL ROAD, SUITE 205 SCOTTSDALE, ARIZONA 85251 TELEPHONE: 480-505-3900 FACSIMILE: 480-505-3901 ANDREW J. MCGUIRE DIRECT LINE: 480-505-3905 e-mail: amcguire@jordenbischoff.com �ftw Resolution No. 2003-34, passed by Council at the July 1, 2003, meeting, abandoning the "Final Plat of Coyote Run" as recorded on Book 176, Page 28 of the records of Maricopa County (the "Resolution"), was passed with an error. The plat that Council intended to abandon via the Resolution is actually recorded on Book 381, Page 33 of the records of Maricopa County. Instead of filing a Notice of Erratum with Maricopa County, staff felt that a new resolution, repealing the Resolution and abandoning the intended plat would be a cleaner way of addressing the error. Accordingly, I have placed such a resolution on the consent agenda for the September 4, 2003, meeting to ensure that the plat that Council intended to abandon is indeed abandoned. As always, I would be happy to answer any questions that you may have. 9196.001\Council.mmo.coyoterun.doc 8-28-03 RESOLUTION NO.2003-52 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, REPEALING RESOLUTION NO. 2003-34 AND ABANDONING THE "FINAL PLAT OF COYOTE RUN" AS RECORDED ON BOOK 381, PAGE 33 OF THE RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, Resolution No. 2003-34 was passed by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on July 1, 2003, abandoning, in error, the "Final Plat of Coyote Run" as recorded on Book 176, Page 28 of the records of Maricopa County; and WHEREAS, the Town Council intended to abandon the "Final Plat of Coyote Run" as recorded on Book 381, Page 33 of the records of Maricopa County in order to separate the two lots that were merged into one by that plat; and WHEREAS, a public hearing regarding the intended abandonment was held by the Town Council on July 1, 2003; and WHEREAS, the Town Council desires that the "Final Plat of Coyote Run" as recorded on Book 381, Page 33 of the records of Maricopa County be abandoned and revert back to the "Fountain Hills Arizona Final Plat No. 603-A Amended" as recorded on Book 176, Page 28 of the records of Maricopa County. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN ILLS, ARIZONA, as follows: SECTION 1. That Resolution No. 2003-34 is hereby repealed in its entirety. SECTION 2. That the "Final Plat of Coyote Run" as recorded in Book 381, Page 33, of the records of Maricopa County, is hereby abandoned and reverted back to the "Fountain Hills Arizona Final Plat No. 603-A Amended" as recorded in Book 176, Page 28 of the records of Maricopa County. SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 9196.001\Reso1utions\Coyote Run Abandses.v2.doc 8-28-03-1 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, September 4, 2003. FOR THE TOW0OFFUNTAIN HILLS: ATTESTED TO: J W. J. Nic ols, M or- Bevelyn J. en 6r, Town Clerk REVIEWED-B3C G Tim G. Pickering, Town Manager 9196.001\Resolutions\Coyote Run Aband.res.v2.doc 8-28-03-1 APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 9/04/2003 Contact Person: Joan McIntosh Requesting Action:® TVDe of Document Needing ADDroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Atmronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of RESOLUTION 200344 amending the adoption agreement for the ICMA Retirement Corporation Prototype Money Purchase Plan. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The Town of Fountain Hills currently provides retirement benefits to all full-time employees through a 401(a) Prototype Money Purchase Plan and Trust. The Plan has received a favorable letter of determination issued by the Internal Revenue Service (IRS), which means that specific legal requirements have been met for the Plan to qualify for deferred compensation status. Periodically the IRS makes changes to the legal requirements of these plans and participants have to adopt these changes by resolution of the governing body. The 401(a) Plan mandates participation of all full-time employees with a Town match, and will be amended to comply with the IRS changes by adoption of Resolution 2003-44. This Resolution must be approved by the Mayor and Town Council no later than September 30, 2003. List All Attachments as Follows: Memo and Resolution 2003-44 Type(s) of Presentation: None Signatures of Submitting Staff: Depai ent Head Town Ivfanager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF HUMAN RESOURCES INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: August 15, 2003 FR: Joan McIntosh RE: Amendments to Town Retirement Human Resources Administrato Plans; Resolutions 2003-44 throng h 2003-46 The Town of Fountain Hills currently provides retirement benefits to all full-time employees through a 401(a) (Prototype Money Purchase Plan and Trust) and a 457 (Deferred Compensation Plan) with ICMA (International City/County Management Association) Retirement Corporation. The Plans have received favorable letters of determination issued by the Internal Revenue Service (IRS), which means that specific legal requirements have been met for the Plans to qualify for deferred compensation status. Periodically the IRS makes changes to the legal requirements of these plans and participants have to adopt these changes by resolution of the governing body. The 401(a) Plan mandates participation of all full-time employees with a Town match, and will be amended to comply with the IRS changes by adopiion of Resolution 2003-44. The 457 Plan is optional for employees but not matched by the Town; this Plan will be amended with Resolution 2003-46. Resolution 2003-45 amends the 401(a) Town of Fountain Hills Management Prototype Money Purchase Plan and Trust. This Plan was transferred to Fountain Hills from Benson, AZ in 1990 with the previous Town Manager, Mr. Paul Nordin. At that time the Town employees had a separate retirement plan with Aetna Corporation. Mr. Nordin wished to maintain his ICMA Plan, which allowed for portability anywhere in the United States. Mr. Nordin's disbursement is not yet complete, thus we must maintain this plan. In 1995 the decision was made to change from Aetna to ICMA, and a new 401(a) Plan was established for employees. If you have any questions, I will be happy to answer them. RESOLUTION NO. 2003-44 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") previously established a money purchase retirement plan in the form of "The ICMA Retirement Corporation Town of Fountain Hills Money Purchase Pension Plan" (the "Plan") pursuant to the specific provisions of an Adoption Agreement; and WHEREAS, the U.S. Congress has enacted the Uruguay Round Agreements Act, Uniformed Services Employment and Reemployment Rights Act of 1994, the Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1997, the Internal Revenue Service Restructuring and Reform Act of 1998 and the Community Renewal Tax Relief Act of 2000 (hereinafter collectively referred to as "GUST"); and WHEREAS, the U.S. Congress has enacted the Economic Growth and Tax Relief Reconciliation Act of 2001 ("BGTRRA"); and WHEREAS, the Town Council desires to amend and restate the Plan to include all changes required by GUST and to adopt a good faith amendment to comply with EGTRRA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Town hereby amends and restates the Plan in the form of "The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust." SECTION 2. That the Town hereby agrees to serve as trustee (the "Trustee") under the Plan. SECTION 3. That the assets of the Plan shall be held in trust, with the Trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of the Plan assets held in Vantage Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. SECTION 4. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 9196.001\. Resolutions\ 2003-44 MoneyPlm.ms.doc 9-14-03-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, r.. Arizona, September 4, 2003. FOR THE TOWN OF FO,>I TAIN HILLS: ATTESTED TO: W. J. Nichols, Mdayof \ REVIE Tim 9196.001\. Resolutions\ 2003-44 MoneyPlm.ms.doc 8-14-03-1 2 Bevelyn J. B der, own Clerk APPROVED AS TO FORM: i0i 1,x/', Andrew J. McGuire, Town Attorney 0 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 9/04/2003 Submitting Department: Administration Contact Person: Joan McIntosh Consent:® Regular:❑ Requesting Action:® Tyne of Document Needing ADAroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDroDriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs {❑ Town Elections ❑ Community Development Report Only:[--] ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of RESOLUTION 2003-45 amending the adoption agreement for the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust for the Town Manager. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Backlzround Information: Resolution 2003-45 amends the adoption agreement for the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust for the Town Manager. This Plan was transferred to Fountain Hills from Benson, AZ in 1990 with the previous Town Manager, Mr. Paul Nordin. At that time the Town employees had a separate retirement plan with Aetna Corporation. Mr. Nordin wished to maintain his ICMA Plan, which allowed for portability anywhere in the United States. In 1995 the decision was made to change from Aetna to ICMA, and a new 401(a) Plan was established for employees. Resolution 2003-45 must be approved by the Mayor and Town Council no later than September 30, 2003. List All Attachments as Follows: Memo and Resolution 2003-45 Type(s) of Presentation: None Signatures of Submitting Staff: Dep• ment Head Town Manag r Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF HUMAN RESOURCES INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: August 15, 2003 FR: Joan McIntosh RE: Amendments to Town Retirement Human Resources Administrato Plans; Resolutions 2003-44 through 2003-46 The Town of Fountain Hills currently provides retirement benefits to all full-time employees through a 401(a) (Prototype Money Purchase Plan and Trust) and a 457 (Deferred Compensation Plan) with ICMA (International City/County Management Association) Retirement Corporation. The Plans have received favorable letters of determination issued by the Internal Revenue Service (IRS), which means that specific legal requirements have been met for the Plans to qualify for deferred compensation status. Periodically the IRS makes changes to the legal requirements of these plans and participants have to adopt these changes by resolution of the governing body. The 401(a) Plan mandates participation of all full-time employees with a Town match, and will be amended to comply with the IRS changes by adoption of Resolution 2003-44. The 457 Plan is optional for employees but not matched by the Town; this Plan will be amended with Resolution 2003-46. Resolution 2003-45 amends the 401(a) Town of Fountain Hills Management Prototype Money Purchase Plan and Trust. This Plan was transferred to Fountain Hills from Benson, AZ in 1990 with the previous Town Manager, Mr. Paul Nordin. At that time the Town employees had a separate retirement plan with Aetna Corporation. Mr. Nordin wished to maintain his ICMA Plan, which allowed for portability anywhere in the United States. Mr. Nordin's disbursement is not yet complete, thus we must maintain this plan. In 1995 the decision was made to change from Aetna to ICMA, and a new 401(a) Plan was established for employees. If you have any questions, I will be happy to answer them. RESOLUTION NO. 2003-45 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE TOWN MANAGER. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") previously established a money purchase retirement plan in the form of "The ICMA Retirement Corporation Town of Fountain Hills Management Plan" (the "Plan") pursuant to the specific provisions of an Adoption Agreement; and WHEREAS, the U.S. Congress has enacted the Uruguay Round Agreements Act, Uniformed Services Employment and Reemployment Rights Act of 1994, the Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1997, the Internal Revenue Service Restructuring and Reform Act of 1998 and the Community Renewal Tax Relief Act of 2000 (hereinafter collectively referred to as "GUST"); and WHEREAS, the U.S. Congress has enacted the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"); and WHEREAS, the Town Council desires to amend and restate the Plan to include all changes required by GUST and to adopt a good faith amendment to comply with EGTRRA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Town hereby amends and restates the Plan in the form of "The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust." SECTION 2. That the Town hereby agrees to serve as trustee (the "Trustee") under the Plan. SECTION 3. That the assets of the Plan shall be held in trust, with the Trustee, for the exclusive benefit of the Town Manager and his beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of the Plan assets held in Vantage Trust shall be held for the further exclusive benefit of the Town Manager and his beneficiaries. SECTION 4. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 9196.001\. Resolutions\ 2003-45 TMMoneyP1m.ms.doc 5-14-03-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, September 4, 2003. FOR THE TOWNA)"OUNTAIN HILLS, ATTESTED TO: W. J. Ni 9196.001\. Resolutions\ 2003-45 TMMoneyP1m.ms.doc 8-14-03-1 2 APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney W RESOLUTION NO. 2003-45 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE TOWN MANAGER. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") previously established a money purchase retirement plan in the form of "The ICMA Retirement Corporation Town of Fountain Hills Management Plan" (the "Plan") pursuant to the specific provisions of an Adoption Agreement; and WHEREAS, the U.S. Congress has enacted the Uruguay Round Agreements Act, Uniformed Services Employment and Reemployment Rights Act of 1994, the Small Business Job Protection Act of 1996, the Taxpayer Relief Act of 1997, the Internal Revenue Service Restructuring and Reform Act of 1998 and the Community Renewal Tax Relief Act of 2000 (hereinafter collectively referred to as "GUST"); and WHEREAS, the U.S. Congress has enacted the Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA"); and WHEREAS, the Town Council desires to amend and restate the Plan to include all changes required by GUST and to adopt a good faith amendment to comply with EGTRRA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Town hereby amends and restates the Plan in the form of "The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust." SECTION 2. That the Town hereby agrees to serve as trustee (the "Trustee") under the Plan. SECTION 3. That the assets of the Plan shall be held in trust, with the Trustee, for the exclusive benefit of the Town Manager and his beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of the Plan assets held in Vantage Trust shall be held for the further exclusive benefit of the Town Manager and his beneficiaries. SECTION 4. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 9196.001\. Resolutions\ 2003-45 TMMowyPlan.res.doc 5-14-03-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, September 4, 2003. FOR THE TOWN OF FOtjNTAIN HILLS: ATTESTED TO: W. J. Ni 9196.001\ Resolutions\ 2003-45 TMMomyPla ms.doc 8-14-03-1 2 APPROVED AS TO FORM: 0�— I - R Andrew J. McGuire, own Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 9/04/2003 Contact Person: Joan McIntosh Requesting Action:® TVAe of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ReportOnl❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of RESOLUTION 2003-46 amending .the adoption agreement for the ICMA Retirement Corporation 457 Deferred Compensation Plan. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The Town of Fountain Hills currently provides to all full-time employees a 457 (Deferred Compensation Plan) with ICMA (International City/County Management Association) Retirement Corporation. The Plan has received a favorable letter of determination issued by the Internal Revenue Service (IRS), which means that specific legal requirement have been met for the Plan to qualify for deferred compenation status. Periodically the IRS makes changes to the legal requirements of these plans and participants have to adopt these changes by resolution of the governing body. The 457 Plan is optional for employees but not matched by the Town. This Plan will be amended with Resolution 2003-46 and must be approved by the Mayor and Town Council no later than September 30, 2003. List All Attachments as Follows: Memo and Resolution 200346 Type(s) of Presentation: None Signatures of Submitting Staff: Q Depa ment Head Town anager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF HUMAN RESOURCES INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: August 15, 2003 FR: Joan McIntosh RE: Amendments to Town Retirement Human Resources Administrato Plans; Resolutions 2003-44 through 2003-46 The Town of Fountain Hills currently provides retirement benefits to all full-time employees through a 401(a) (Prototype Money Purchase Plan and Trust) and a 457 (Deferred Compensation Plan) with ICMA (International City/County Management Association) Retirement Corporation. The Plans have received favorable letters of determination issued by the Internal Revenue Service (IRS), which means that specific legal requirements have been met for the Plans to qualify for deferred compensation status. Periodically the IRS makes changes to the legal requirements of these plans and participants have to adopt these changes by resolution of the governing body. The 401(a) Plan mandates participation of all full-time employees with a Town match, and will be amended to comply with the IRS changes by adoption of Resolution 2003-44. The 457 Plan is optional for employees but not matched by the Town; this Plan will be amended with Resolution 2003-46. Resolution 2003-45 amends the 401(a) Town of Fountain Hills Management Prototype Money Purchase Plan and Trust. This Plan was transferred to Fountain Hills from Benson, AZ in 1990 with the previous Town Manager, Mr. Paul Nordin. At that time the Town employees had a separate retirement plan with .Aetna Corporation. Mr. Nordin wished to maintain his ICMA Plan, which allowed for portability anywhere in the United States. Mr. Nordin's disbursement is not yet complete, thus we must maintain this plan. In 1995 the decision was made to change from Aetna to ICMA, and a new 401(a) Plan was established for employees. If you have any questions, I will be happy to answer them. RESOLUTION NO. 2003-46 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION 457 DEFERRED COMPENSATION PLAN. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") previously established a deferred compensation plan (the "Plan") for employees that serves the interests of the Town of Fountain Hills (the "Town") by enabling it to provide reasonable retirement security for its employees, increasing flexibility in its personnel management system and by assisting it in the attraction and retention of competent personnel; and WHEREAS, amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the Plan; and WHEREAS, the Town Council desires to continue the Plan and to amend it to incorporate the Internal Revenue Code amendments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: ,%W SECTION 1. That the Town hereby amends and restates the Plan in the form of "The ICMA Retirement Corporation Deferred Compensation Plan & Trust." SECTION 2. That the Town hereby agrees to serve as trustee (the "Trustee") under the Plan. SECTION 3. That the assets of the Plan shall be held in trust, with the Trustee, for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of the Plan assets held in Vantage Trust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. SECTION 4. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 9196.001\.Resolutions\2003-46 Defer.Comp.res.doc 8-26-03-1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, September 4, 2003. FOR THE TOWN OF/FOUNTAIN HILLS: ATTESTED TO: W. J. Wichol REVIEWED BY: Tim G. Pickering, Town Mana 9196.001\ Resolutions\ 2003-46 Defer.ConV.res.doc 9-26-03-1 2 Bevelyn J. B der, own Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 9-4-03 Contact Person: McGuire Requesting Action:® Tvne of Document Needing Anuroval (Check all that a ❑ Public Hearing ❑ Resolution ® Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Annronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration and possible approval of a TOLLING AGREEMENT AND STANDSTILL AGREEMENT relating to the LGIP lawsuit against NCFE. Staff Recommendation: Approve Fiscal Impact: No $- Purpose of Item and Background Information: For the litigation process to proceed with Gibbs and Bruns representing all of the Arizona governmental interests at the same time, it is necessary to have the Tolling and Standstill Agreement. List All Attachments as Follows: memo, Tolling Agreement, and Standstill Agreement Type(s) of Presentation: none Signatures of Submitting Staff: Department H_ea G� Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) JORDEN BISCHOFF MCGUIRE & R O S E P.L.C. LAW OFFICES MEMORANDUM TO: Mayor and Town Council Town Manager FROM: Andrew J. McGuire, Town Attorney DATE: August 29, 2003 7272 E. INDIAN SCHOOL ROAD, SUITE 205 SCOTTSDALE, ARIZONA 85251 TELEPHONE: 480-505-3900 FACSIMILE: 480-505-3901 ANDREW J. MCGUIRE DIRECT LINE: 480-505-3905 e-mail: amcguire@jordenbischoff.com SUBJECT: NCFE Litigation Tolling Agreement and Standstill Agreement As you all are aware, the Town is one of literally hundreds of plaintiffs in a lawsuit evolving out of the bankruptcy of NCFE with respect to investments lost by same in connection with the local government investment pool ("LGIP"). Throughout the early portion of this litigation, one of the primary issues from the various municipalities was whether we would bring an action against the State of Arizona and the Office of the State Treasurer (collectively the "State") for its handling of the LGIP. As you can imagine, various municipalities were reluctant to initiate a lawsuit against the State while the NCFE litigation was pending. The State has now hired and Gibbs and Bruns, the law firm already representing the municipalities in this matter (including Fountain Hills), to represent the State's interests in NCFE lawsuit. In order for the litigation to proceed smoothly with Gibbs and Bruns representing all of the Arizona governmental interests at the same time, it is necessary to have the Tolling and Standstill Agreement. Essentially, the Tolling Agreement is the State's commitment to waive any rights it may have under State statutes regarding Notice of Claim and statutes of limitations with respect to claims that the municipalities may bring against it for management of the LGIP. While I do not necessarily agree with the State's position that the Notice of Claim and statute of limitations apply to the municipalities, I believe it is in the plaintiffs' best interests to delay the arguments on that issue until the need arises, if at all, until after the conclusion of the NCFE litigation. The second half of this agreement is a Standstill Agreement in which all of the municipalities agree not to bring a claim against the State, if at all, until the end of the NCFE litigation for the same reasons supporting the Tolling Agreement. I believe it is in all parties' best interests to present the most united front possible against NCFE in the litigation to increase the odds that an actual recovery may be secured. i� I recommend that the Mayor and Council authorize the Town Manager to execute the Standstill Agreement. As always, I will be happy to answer any questions you may have regarding this matter. 9196.008.07\Tolling Mem .doc 8-29-03-1 TERRY GODDARD OFFICE OF THE ATTORNEY GENERAL DAMES A WA ATTORNEY GENERAL STATE OF ARIZONA Chief Assistant Attorneeyy G General Direct Line: 542-7711 Fax: 542-1964 August 18, 2003 Timothy Pickering Fountain Hills GF / HURF 16836 E. Palisades Blvd., Bldg C Fountain Hills, Arizona 85269 Re: NCFE Litigation — A.R.S. §§ 12-821 — 821.01 Dear LGIP Investor: Tolling Agreement As you know, the State of Arizona has hired Gibbs & Bruns, L.L.P. to represent them in the NCFE litigation. This will enable us to join resources and work together toward our common goal of recovering our investment losses. As part of this joint effort we have agreed to extend the tolling agreement for any claims you might assert against the State of Arizona or the Office of the State Treasurer. In the same spirit we understand that each of you will agree to execute a standstill agreement for the filing of any such claims. Attached is a standstill agreement for execution in accordance with that understanding. Any claim you may have against the State of Arizona or the Office of the State Treasurer as a result of your investment in the LGIP and losses arising out of the bankruptcy of NCFE or acts of third parties in connection with the investment and the loss, is subject to the claims statute, A.R.S. § 12-821.01, and the one-year statute of limitations, A.R.S. § 12-821. This letter relates to that claim. The Attorney General, for and on behalf of the State Treasurer and the State of Arizona, hereby agrees to toll the notice of claim requirement until six months following the final conclusion of the NCFE litigation related to the LGIP claims. At the end of this tolling agreement any party wishing to file a claim against the State of Arizona or the State Treasurer must file a notice of claim pursuant to A.R.S. § 12-821.01 not later than the first business day following six months from the final conclusion of the NCFE litigation filed on behalf of the LGIP participants by Gibbs & Bruns. 1275 WEST WASHINGTON, PHOENIX, ARIZONA 85007-2926 • PHONE 602.542.5025 • FAX 602.542.4085 O. August 18, 2003 Page 2 Accordingly, the statute of limitations period set forth in A.R.S. § 12-821 will also be tolled until the final conclusion of the NCFE litigation filed on behalf of the LGIP participants by Gibbs & Bruns, L.L.P., and will expire one year from that date. This tolling agreement supercedes the one signed by Chief Assistant Attorney General Tom Prose dated May 20, 2003. The tolling period may be further extended upon mutual agreement of the parties. If you have any questions regarding this tolling agreement, please call either Jim Walsh at (602) 542-7711 or Mike Kempner at (602) 542-8386. Please return an executed enclosed original of the Tolling/Standstill Agreement to Mike Kempner, Chief Counsel Tax Section, 1275 West Washington, Phoenix, Arizona 85007. Sincerely, ?James P. Walsh ef Assistant Attorney General Arizona Attorney General's Office Standstill Agreement The undersigned LGIP investor, in consideration of the Tolling Agreement above, and in an effort to work together with the State toward a mutually advantageous recovery in the NCFE litigation, hereby agrees that it will not file a claim or action against the State of Arizona or the Arizona Office of the Treasurer, if at all, until after the conclusion of the NCF tigation filed by Gibbs & Bruns, L.L.P. for the benefit of the LGIP participants. :A Its 1275 WEST WASHINGTON, PHOENIX, ARIZONA 85007-2926 • PHONE 602.542.5025 • FAX 602.542.4085 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Com. Dev Consent:® Regular:❑ Meeting Date: 9/4/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvpe of Document Needine Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check AoDronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the FINAL PLAT for Parcel 9 at Eagles Nest, a 26 lot single family subdivision of 48.71 acres located in the central area of the Eagles Nest Final Plat, Case#S2002-37. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number S 1999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 9 of the Final (Master) Plat of Eagles Nest. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: D artment Head � �� c? . fir, � Town`KIanager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS �.. PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: August 28, 2003 FR: Dana Burkhardt, Senior Planner ,� RE: S2002-37; Final Plat "Eagles Nest Parcel 9", a 26 lot, five -tract subdivision. LOCATION: The north central area of the Eagles Nest Master Plat, within the Mountain Parkway Loop Roadway (see the attached vicinity map and refer to your preliminary plat). REQUEST: Consideration of the Final Plat for Eagles Nest Parcel 9, a 26 lot, five -tract single- family residential subdivision. DESCRIPTION: OWNER: APPLICANT: EXISTING ZONING: MCO Properties MCO Properties "R1-43" Zoning Districts EXISTING CONDITION: Undeveloped land PARCEL SIZE: 48.71 acres SURROUNDING LAND USES AND ZONING: NORTH: Mountain Parkway and Parcels 6 & 7; zoned "R1-43" SOUTH: Eagles Nest Parcel 10; zoned "R1-43" EAST: Eagles Nest Parcel 8; zoned "R1-43" WEST: Eagles Nest Parcel 5; zoned "R1-43" SUMMARY: This request is for approval of the final plat for "Eagles Nest Parcel 9", a 26 lot, five -tract single- family subdivision. This is a replat of the Eagles Nest Final Plat, Parcel 9, in accordance with the approved preliminary plat lot configuration for Eagles Nest. This Final Plat is located within a private/gated master subdivision with access from Golden Eagle Blvd. The final plat provides access to all 26 lots from three cul-de-sacs. Pinion Place provides access to seven lots, Copper Crest provides access to eight lots, and Lost Canyon Court provides access to 11 lots. The maximum lot area proposed is 106,470 square feet, the minimum lot area is 43,709 square feet, and the average proposed disturbance area for each lot is approximately 22,065.4 square feet. The individual lot developer is required to grant to the Town, a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. EVALUATION: %W On October 4, 2001, Town Council approved the preliminary plat for the Eagles Nest subdivision, Case Number 51999-25, for 244 lots and one tract. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagles Nest, with eleven large parcels and the Mountain Parkway private roadway (backbone road). This request is to subdivide Parcel 9 of the Final (Master) Plat of Eagles Nest. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat, the approved final (master) plat, the approved cut and fill waiver, and the Subdivision and Zoning Ordinances as amended by the "Settlement Agreement" approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement if approved with Staff's stipulations. The only modification made to this final plat from the approved preliminary plat is the addition of the required drainage easements, as is customary from the preliminary to the final plat. This parcel does not propose joint use driveways to access the individual lots. RECOMMENDATION: Staff recommends approval of S2002-37; Final Plat of "Eagles Nest Parcel 9", with the following stipulations: 1) Prior to final plat recordation, submit and receive approval for the CCWC water service plans and provide the approved water service agreement. 2) Address all Town improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to final plat recordation, all improvement plans, including grading and paving plans, landscape and irrigation plans, and all utility service plans must be approved by the Town. 3) Prior to final plat recordation, submit subdivision construction assurances acceptable in form and amount to the Town Engineer and Town Attorney. 4) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 5) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. Provide a notation on the final plat cover, which discloses the lots containing expansive soil conditions, to the satisfaction of the Town Engineer. 6) Prior to final plat recordation, provide a re -vegetation plan, which identifies all previously disturbed areas on this parcel and all proposed subdivision improvement disturbance, including proposed utility and drainage structure disturbance. On your landscape plan, you may identify which areas are to be re -vegetated with the subdivision improvements and which on -lot areas will be re -vegetated by the future lot owners. 7) Prior to final plat recordation, provide the conceptual driveway locations and proposed building envelopes with the subdivision improvement plans for the purpose of coordinating vehicular site lines and utility laterals to each lot to minimize the required disturbance for individual lot development; or provide a letter to the Town agreeing to permit the relocation of utilities, including sewer and water laterals, to accommodate individual lot development after the roadways are constructed. The Town acknowledges that the building envelope and driveway locations presented by MCO in no way bind MCO or future property owners to those locations. 8) Revise Lots 5, 11, 14, and 22 to provide a minimum 145' lot width. 0 a �. e.alsed �; a •� � MEN; I�°o vim° ®a �'� 20��8° o° �'�►"��p�a,► W.fy#jjF,I .- �• �''� �Q oar �`�ea ®� � =' ,�p►.� � bB -� �► �A A � w it � z Z� o zz ¢¢J V G A � O � U 3 rai a 0 im P a A , 02 Fountain COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona NATURE OF THE REQUEST: 9 �— �-/j, PROJECT NAME Mrs. Applicant: I rv� tlyo Da Pho �- �' _ — ___.-M r. Ms. Address: Mrs Mr. Ms. Owner: Address: y ne City: State: Zip; Day Phone City: State: zip; If application is being submitted by someone other than the owner of the property under consideration mu , Hte mow. st be completed. SIGNATURE OF OWN' I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of DATE - a14� TO FILE THIS APPUCATiON. 20 Notary Public My Commission Expires FILING DATE: ` FEE PAID: (See Fee Schedule) AppicoUon Pope 2 of 7 ACCEPTED BY: Case Number-'-' `VI J W U cc Q Q J LL J � � Q w z z LL to LLI J Q w W O$ " > O ay� s w Leg �N€aa' 0 Hal @J9 @ 12 t it eg J, i�<j =� o 0 g� yip ��-1 -, 6" ;Yflf fl � �3"3r'y a H w W o z W O N in+ z a z � N z W V OZ O w � U 0 M Qa 'n a o J W C a a z Z � o O Z � Z O Q W) t0 w sa "� W r O N O w m N p O Z Q Ch 0 W U (n W p N m U C Q U w G. - W Ix en g a � Q W d p Z Z a � a O U Z J I IIII' I'�E ��se IIII� Itl� s � S6 loll �a�= 2 �iE<: o s a LL = a w a5g9c50 s0- 0..asAc.az59 a-sa �E@!gFIM ?5§ag6'"e� also y�7666 k d S. . S W <'-k<f 8 €< R i '.S f k7@=s589 se S oilep"s3 3�knS 8 pl .. 3 S" 8�y AA!!! off` a sWgIL3� Z �ecg€fie€ s€W� €,zr€� o €?�e�nnssaod Wig a k kG 3 € k €€ k Its @ FWu_'ak�y.W5 h ey�" E � W W koeogm440 F. 7r9oo k k Nil N1 8 e� 8 y l£ $ oXg gR 42 e �� A�� eeee��eeeeeeee�� W� qq t = q g 8R9. 9C @ q a D€ wz 9 O � % e > a yp ae < 7�aa LM • 11111 NJ tj� is pm 11111 lilt lilt I� as ``� S 192HS 3NI-7 HO1bW A \ O\ I 0- ��� yEgyypy ��sa$$sss uaRm_s Rng^ss9" m w�gsa"xmxt�aa�s�_ 8$sSB=SR�=R:C --- N W uj co uj z_ J 2 FU— \ 4 �8 \ — �Nn0 ' Rr>S.Oo w 0 0 cc a z z 0 0 U At`¢ o , yy388gg�a Z � y��A� r a�.,ccca I M1 ' J .x Ia I Cl) AI3 U .7 I • W �' I I ✓� I � � pa. Z 199HS 2NI-1 HOlb'W 0 I s z I� � �l���� ° • I I � a . 311 81 a e� a t4z> 91 ion` al ay d1w �s 1/ w sxs+y'i 73+s1/ €s�s�s�x�aa��s�mR�sa �Ee5 5995 959M+33 Cl) O 0 N N W, 3 m N a M (D a C CD f—o0=3> �mw 0 a T aa)M c 3 O d cO O i G � ❑ cd O 0 LU I— N a N a T l0 3 N > �le O O O O 0 0 0 0 0 U O O O O O O O O o 0 0 0 0 0 0 0I O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Mr-ti V MNMOOOrW M M 0 W W Ort- V*M T rN OO V r OOO V NNNt-000000r0r OrNN�- N O O O O O O O O O O O O O O O O O O O O O O O O 0 O O O o 0 0 0 0 0 C. 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 M M M M I` M r N M M (O M M M M M V M M M 0 M N M I+ ti W W W W 0 ao 0 W W W W m W W W W W W ao W W W o W rn ao O O O O D O O O O O O Q O Q O 0 0 0 0 0 0 0 0 0 0 0 0 o O o o O O O O O o O O o O Q o 0 0 o O O O o Q O V V r 0 0 N r r- h LL] L) N (D N CO V- o CO V' Ln Cl) N e- V LO N r (D Cl) r., r r ([) M M M M r r M r r 0 N r N r � qT N N Ln t9 I- co M L() m CO CD 0 0 0 M V' r- M M .� � M 0 (07 M- (O (D 0 0 o Q o 0 0 o O O o 0 0 0 0 0 o O o 0 0 0 0 CD CD 'D0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ti ti N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N" N N N N N N N N N" N N N N N M M 0 r W 0 CO N M r M M (O W V' r 0 W 0 0 M M N r r ti W N r ti LO N r M M O Wrl- r 0 0 M M (.O LO LO N Cl) Cl) r (p N L() O M r V' N co O r r- M Li) V- CO M r- M r o U') (D (O O Cl LO r- W r ti L() M P- V) "' O Un I— ti LO (D CO Ln O W 0 W •- r i N T- T N r r r r r r N r r r r r r r r r r r �CDr� tir V'ti W 0 V W d 0 M m V'0 V 0rr(Dr-0N o (D qr O r 0 0 N N r r 0 V; O'It 1,- 0 W V; V' tl- 6 6 O r LO N 6 6 t� 0 r� N 0 0 0 N r 4 O N O N CON0m I-IITm­r w m C) a 0 m Ln r-r(n r-rNrrONM N (V (D N CC) CN N 0 V• CO ram- (n N O W 4 U) W W t` O V- M e- CO CO (DL()LO V r(Oti(D V'N W Liz V MLO (DMMLOr-V'W LOr-Cfl rNNM (OCOMOrLANMr-- N I-m 0(DNmw W W 0Or V 0 r N r W V (O M LO , co ti W I` V 0 W tir,-: V' M W CO O N W CO ti M N W V O U) O U") m O r- O W I'- r m W N 0 0 W 0V-00 W M0 W COONLO —mCONO co W LnI�MrOrO MOLf)r r- Mt-- MNCDLONCOr V-00LS700r0CC) 0r`P- IT N — T N N T V- M r N r r Nt-t`r-COrCO• -r- Nr V'CDI-- rl- NWr-Nti V'0MMM0 MMT-M"0MM0U) V-NMM Mr-LOI,- W Mr- OI-- (ON "Cr oI,-MOMON0r-0 WT- C CD Wor`rCO W V I--MVNM M M (D M LC) V r-W M LC) Cri Cr V' V (O M r CM Ln (M (d M V U) .1 CO V LO LO U) It *!' V '7 IT V V It r rM-Nti(rONr- C-w omCMOmwmcoCWOCoornOrnrnrnrnrnmOW) O N C'> co V• O O M N ca 0 0 N O 01 O OD Cl) W It N M Lt) N O W O (D N O N d' r H Ncb O O O LO M 0 W m E E X (6 E Y C to 0 Cl T Cl �C:) 3N 0 a a N N � N E O 'X N > O (U c cr N � 00 N O cc,:)) (0 r CO (n a r � N O l � a T ^^CD a- Q C (0 N � C .E CD N C Q L '-E O � CU m _ > c)3W O � � cu c 3 r a > N to Q Q O r N 0 Z !I N X N N N Z 0 N t!J Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 9/4/03 Contact Person: Tom Ward Requesting Action:® TVDe of Document Needing Annroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDromiate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of RESOLUTION 2003-47 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northwesterly and southerly property lines of Lot 10, Block 3, Plat 206 (16515 Lost Arrow Drive) as recorded in Book 147 of Maps, Page 2, t Records of Maricopa County, Arizona. EA03-10 - Deerefield Homes Ltd. 'wrr. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The applicants submitted the application on July 10, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures ofSubmittingStaff: Dep ent Head Towft'Manager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: August 6, 2003 FR: Art Candelaria, Civil Engine r RE: Easement Abandonment 03-10 Randy Harrel, To n Engineer' PPublic) Nors 16515 Lost Arrow Drive Reviewed: To , Direct r Plat 206, Block 3, Lot 10 ��� This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility and drainage easements located at the northwesterly and southerly property lines of Lot 10, Block 3, Plat 206, (16515 Lost Arrow Drive) as shown in Exhibit "A". The property owners of Lot 10 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. There are existing cable TV and telephone pedestal boxes at the northeast corner of the lot. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 10 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2003-47, subject to the following stipulation: • Grant a 101x10' Public Utility Easement at the northeast corner of the lot. Eric: Resolution Exhibit C: Deerefield Homes Ltd. Patricia McCullough Thomas & Priscilla Muter Gary & Faith Kube Michael & Patricia Barth Patrick & Arlene Dingillo Robert Speckman Linda Berney Elisabeth Polzer EA03-10 - 206-3-10.doc RESOLUTION 2003-47 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHWESTERLY AND SOUTHERLY LOT LINES OF LOT 10, BLOCK 3, OF PLAT 206, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the northwesterly and southerly property lot lines of Plat 206, Block 3, Lot 10, Fountain Hills, as recorded in book 147 of maps, page 2 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 10 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-47, 206-3-19 EA03-10.doc 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 4, 2003. UNTAIN HILLS: Resolution 2003-47,206-3-19 EA03-IO.doc 2 ATTESTED TO: j LC1111 W''E APPROVED AS TO FORM: 0, t - An' Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 206 BLOCK 3 LOT 10 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning & Zoning Consent:❑ Regular:® Meeting Date: 9/4/03 Contact Person: Denise Ruhling, Planner Requesting Action:® Tyne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Cut and Fill Waiver Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of a CUT AND FILL WAIVER to permit 16-foot maximum cuts for the development of a single-family residence located at 14520 N. Quartz Court aka, Final Plat Shadow Canyon @ Sunridge Canyon Lot 11A. Case Number CFW2003-05. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This is a request by Jim Scheller for a 6' cut in excess of the ten foot maximum allowed by Section 5.11(C)(4) of the Town of Fountain Hills Zoning Ordinance. The portions of the proposed cut in excess of ten feet are to accommodate a basement cut, main floor cut, and driveway. The basement cut is directly under the structure; the main floor cut is partially below the structure and the driveway cut is open. Please refer to Staff Report for additional information. List All Attachments as Follows: Staff Report, Site Plan, Narrative. Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: D artment Head Towri Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DEPARTMENT STAFF REPORT TO: Mayor & Town Council DT: September 4, 2003 FR: Denise Ruhling, Planne`�, RE: 14520 N. Quartz Court. Case Number CFW2003-05 Consideration of a cut and fill waiver to permit 16 foot maximum cuts for the development of a single-family residence located at 14520 N. Quartz Court. Case Number CFW2003-05. DESCRIPTION: APPLICANT: OWNER: EXISTING ZONING: EXISTING CONDITION: LOT SIZE: Jim Scheller Jim Scheller "RI-35H PUD" Vacant Residential Lot 137,538 square feet or 3.16 acres SURROUNDING LAND USES AND ZONING: NORTH: Vacant Residential; zoned "RI-35H PUD" SOUTH: Existing Residential; zoned "R1-35H PUD" EAST: Vacant Residential; zoned "RI-35H PUD" WEST: Open Space; zoned "OSR" SUMMARY: This is a request by Jim Scheller for a 6' cut in excess of the ten foot maximum allowed by Section 5.11(C)(4) of the Town of Fountain Hills Zoning Ordinance. The portions of the proposed cut in excess of ten feet are to accommodate a basement cut, main floor cut, and driveway. The basement cut is directly under the structure; the main floor cut is partially below the structure and the driveway cut is open. EVALUATION: In June of 2002 a lot split was granted to form lots 11 & 12 into lot 11A as seen on submittal. This was done, in part, to allow a larger buildable area on the site while maintaining a large non - disturbance area. Scheller Cut Waiver CFW2003-05 The allowed disturbable area for this lot is 24,000 square feet. The development as shown would r%, result in 23,888 square feet of disturbed area. The disturbance area includes a 8,069 square foot single-family residence (includes garage and patio), a 986 square foot guesthouse, pool, play area and driveway. The maximum height of building on this lot is 24' as required by the Homeowners Association. The proposed development meets this requirement. This submittal indicates three cuts in excess of the 10' maximum allowed by the Zoning Ordinance. The cut breakdowns for square footage and depth are as follows: 10-11 ft 11-12 ft 12-13 ft 13-14 ft 14-15 ft 15-16 ft Total Area Cut A - Basement 131 102 76 64 63 249 685 Cut B - Main Floor 250 238 198 177 207 0 1070 Cut C - Driveway 74 171 169 81 3 0 498 455 511 443 322 273 249 2253 Staff has identified three objectives in reviewing cut and fill waiver requests for single-family residences. Those objectives are as follows: 1) Reduce the visual impacts of the proposed development as viewed from the adjacent properties and rights of way. 2) Review the measures applied by the designer to minimize the amount of cut and fill on the lot. 3) Consider possible alternatives to the proposed plan that would conform to the ten foot maximum cut or fill. The basement cut and main floor cut are not visible from adjacent rights -of -way or properties. However, the driveway cut is visible from Quartz Court. Even if this driveway was moved to a different location it would be necessary to cut for access and this cut would be visible from Quartz Court. Staff discussed alternatives to the submitted plan with the applicant, applicant's architect and applicant's engineer to minimize or eliminate the cut waiver. It was staff's suggestion that the applicant move the design to the north by 50 feet, thus eliminating the requirement for the waiver on the basement and main floor. However, this movement results in excessive disturbance (1,817 square feet over the allowed, see attachment marked Option 2), an over height issue (35 feet instead of 24), and makes the house more obtrusive on the lot, thus more viewable from the surrounding rights -of -way and properties. As noted in the applicant's narrative, a considerable amount of time has gone into designing a site that is pleasing to the applicant, as well as surrounding properties, which will also meet all the requirements of the Town of Fountain Hills and the Homeowners Association. Page 2 of 3 Scheller Cut Waiver CFW2003-05 The Planning & Zoning Commission reviewed this application at their September 11, 2003, meeting and voted unanimously to recommend approval. No public input was given. RECOMMENDATION: The Planning & Zoning Commission and Staff recommend approval of a cut waiver to permit 16-foot maximum cuts for the development of a single-family residence located at 14520 N. Quartz Court aka Final Plat Shadow Canyon @ Sunridge Canyon Lot 11A. Case Number CFW2003-05. Page 3 of 3 The Town of Fountain Hills P 6 A L 02 1� ° y COMMUNITY DEVELOPMENT DEPARTMENT Case Manager: For Official Use Only ao o Fountain Hills, Arizona � ab ,yA 4tnw W � that is APPLICATIO Area Specific Plan or Change Preliminary Plat General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: r �;+ I-; Id i, 1- PROJECT NAME Mrs. Applicant: Mr. Day Phone Ms. Address: 31 � l0- s f ��... - �o Cif,; � State: Zip: g� Mrs. Owner: Mr. Day Phone Ms. Address: City: State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below ml, be completed, SIGNATURE OF OWNER DATE I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of 20 Notary Public My Commission Expires FILING DATE: � . �� � �� FEE PAID: � L�1 i ACCEPTED BY: % -.-r- (See Fee Schedule) Application TOWN OF FOUNTAIN HILLS --� Poge 2 of 7 3 U N 0 6 2003 Case Number _ The Town of Fountain Hills LEGAL DESCRIPTION Plat Name PROPERTY AD h Block a Lot PARCEL SIZE (Acres) S ASSESSOR PARCEL NUMBER 7� —Z - C6 NUMBER OF UNITS PROPOSED ' TRACTS EXISTING ZONING: ` d PROPOSED ZONINGK 1 Application r.. Page 3 of 7 ECas7e%Mber jou•�•amDOjAj-6juowp :flow —a ea•9-cca (ow) •o� swL-a9 (ow) 89ZS8 VNOZIW 'SHIN NIV1Nn03 >oZ 311ns '3AV M3tA)l6Vd -3 91L91 y- ; `� '0" 'lN3PMVNvw 3 VNIN33MVIG - - , . A63W0` iNOW NVId 311S ianoo zlavno c •�••• V g 0310N $V L �aa V ll LO1 NO.lNVO 3001NNns ® NOANVO MO'JVHS zooz-Sz-v noa: WSM 33N3CIS3a U3113HOS or p _ V < 2M.i- 6< 2i•n N< -. M. 0 0 0 sees 00 a g i ' C Gi Wffa�3:,a"m � 88g, C Z_ W so d \ \ a 64 • ON vyaa rre Sa) ,rat c i -•�-. _ --- aazoa Oz 1 /, no ti rc 3 o- a, 3 ..,._:�a.v� nn JJI�H`s e —�-- 07l 'LN3W30YNrW R 0MV33NION3..�tSn • N + r— Ad3WOEliNDw —1 33N3CIIS3H U3113HOS Wi8i�xKgj (� 11 V l.>CV:J CitJ z - , —21 tY z Ii� •- i �,ee i,., 7 TOWN OF FOUNTAIN HILLS PLANNING & ZONING DEPARTMENT MEMORANDUM TO: Mayor & Town Council DT: September 3, 2003 FR: Denise Ruhling, Planner RE: 14520 N. Quartz Court. Case Number CFW2003-05 Attached is additional information requested by Councilperson Stevens regarding the Scheller Cut and Fill Waiver scheduled for the September 4, 2003, Council meeting. The attached site plan highlights the areas of cut, which exceed 10' . If you have any questions please contact me at 480-816-5184. 0 °0w �O 'a1�� •'`� 1 1 I 1: 1 1.1 �ill� ���,�� • IIi��/Ii 1 . q�tj.��`Pll n�1�► l� 1• 1 1 1 �a 11 D 1/2" REBAR DRAWING NOTES 10 PROVIDE SCREEN WALL TO OBSCURE EQUIPMENT FROM PUBLIC VIEW. A MAXIMUM 6' HEIGHT. 02 NATIVE ROCK RETAINING WALL 2' MAXIMUM HEIGHT 03 STEP T/CMU 5' MIN., 6' MAX. ABOVE EXTERIOR FINISH GRADE 4 3WROUGHT IRON GUARDRAIL 5 5' ' W.I. POOL ENCLOSURE FENCE 6 3' WIDE GATE, S.C.S.L. 7 WATERPROOF WALL 14" MIN. ABOVE FINISH GRADE © 8"X16" DRAIN OPENING Q9 HANDRAIL _ CUT DATA UNDER ROOF EXTERIOR AREA >10' CUT 1198 SF 1058 SF 13.2% FOUND BRASS CAP ZONING RI-35H PUD LOT AREA (SF) 137,538 ALLOWABLE COVERAGE 20% 27,507 ACTUAL COVERAGE: MAW GUEST TOTAL LIVABLE 4847 454 5301 GARAGE /MECHANICAL 1554 29 1583 PATIO/ENTRY 1668 503 2171 TOTAL 8069 986 9055 EXCESS 18452 HILLSIDE DISTURBANCE ALLOWABLE DISTURBANCE 24,000 ACTUAL DISTURBANCE 23.888 EXCESS 112 EARTHWORK CALCULATIONS (NOT FOR BID) CUT FILL LEGEND EXISTING GRADE PROPOSED GRADE — — BUILDING SET BACK — — EASEMENT . - • - • - DISTURBANCE BOUNDARY BENCHMARK O PALO VERDE IRONWOOD �j OCOTILLO BARREL CACTUS SAGUARO T/W TOP OF MASONRY WALL T/RET TOP OF RETAINING B/W BOTTOM OF EXPOSED WALL' ' N 6a3� 45 RZ G� uu T.O Nneuc o.n wua Tw aE FOUND BRASS CAP CALL FOR r4 BLME STN[ES ( CUB •06 %- (602) 263-1100 R=45.00' L=30.59/ BLChALLT OLECT CENTER P INV. EL 100,CHMARK T/BRASS CAP i BASIN i EL 100.00 -SEWER MANHOLE PRELIMINARY - NOT FOR CONSTRUCTION } 7u49 V DAvD R. " MONTGOYFFY. Q a„p„• ,y a � V m J S c"!N N � � N C ZIw-DOr v aN<ao� $ C9'0 u �Q—vC 4 W Q w c _3 C QYobE Z=aZ I -zW� ,❑ZrOcO CW���4 CONCEPT NORTH I 1 ' GRAPHIC SCALE IN 2 - meh. 20) a / � n zo / m 88 i 90 / o i FOUND 1/2" REBAR � W g2 T i� T 1 0.0 8 i .0 92 6 0 1 .0 + 1• T 96 t 00 �e P 99..83 pC 1 90 T/ 05.0 105 T 105.0 � / Y / 92 T 1 4.5 B 101.0 LOW a T RET 104. PAP g 96 9A /W 1 1.5 9. 3 3' RE ER T/W .5 112 T ET 11 . T/RET 106.0 1W 1 .0 / 1 5.5 T N 4.5' RET / 200 ,ry FF 112.00 11 T W 105.0 /W 20 PAD 111.3 PAD = W 105.0 �C1 8 1071 /06 0 5 RET FOUND / 'o o + AGE 1/2" REBAR `p ! �E y 113.50 FF 2 1 :........ //y T/W 112. :10 .... ,....' .:.:. . /!6 T/RE 11.7 !�� 8 I10.0 y /?0 .1' ET 117.0 \16 N / //?8 T/RET .0 + 8 0 113.5 / \ 2 /�? 25' T PLAY AREA , \ o l79 rA T 118.5 �•� C FOUND 1/2" REBAR 752p" OF W T 117. 7• 25?50. 5 R ./ 1 00 L=59, D N O co T 1 6 2i. Y 5�� N 8p3SEWER 2 " - R 30" C! N \4 665 41�11 PVC PIPE > ��' �v R=45. CATf croiun , in+ „ L=11.46' M NOTICE OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, NOVEMBER 6, 2003 TIME: 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) 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 Council Members. 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. 1.) VOTE TO GO TO GO INTO EXECUTIVE SESSION; PURSUANT TO A.R.S. § 38-431.03.A.3, for discussion or consultation for legal advice with the attorney or attorneys of the public body. 1%w2.) RETURN TO THE REGULAR SESSION. E: ClerkWGENDAS\REGULAR\2003\Regular and Executive Session 11-6-03.doc Page 1 of 3 Last printed 11/5/2003 2:51 PM • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Pastor Jim Fitz, Fountain Hills Community Church '48 0 • ROLL CALL — Mayor Nichols • MAYOR'S REPORT - Mayor Nichols will read a proclamation declaring November 8, 2003 "World Town Planning Day". • SCHEDULED PUBLIC APPEARANCE/PRESENTATION ❖ Mayor Nichols will introduce Arizona Senator Carolyn Allen who will provide an update. ❖ Wayne Parker, Director of Research & Evaluation for the Virginia G. Piper Charitable Trust, will present the AdvantAge Survey Results. 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" iunless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be laced on a future Council agenda. CONSENT AGENDA *I.) CONSIDERATION of approving the Council MEETING MINUTES of 10/09/03 and 10/16/03. *2.) CONSIDERATION of RESOLUTION 2003-65 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the easterly property lines of Lot 47, Block 1, Plat 604A (15221 E. Ridgeway Drive) as recorded in Book 165 of Maps, Page 16, Records of Maricopa County, Arizona with stipulation. EA03-20 (Breznak). *3.) CONSIDERATION of RESOLUTION 2003-66 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property line and a portion of the public utility easement at the easterly property line of Lot 48, Block 1, Plat 505C (16819 N. Stoneridge Court) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona, with stipulation. EA03-21 (Carlson) *4.) CONSIDERATION of awarding the CONTRACT to e group, inc. for architectural services for Fountain Park — Phase II improvements. *5.) CONSIDERATION of the EXTENSION OF PREMISE application submitted by Helga Essert for Golf International located at 10440 Indian Wells Drive. Golf International is requesting a permanent 400 square foot extension of the lounge. 5 min REGULAR AGENDA 5 min 6.) CONSIDERATION of the DISSOLUTION of the Developer Advisory Committee. 7.) CONSIDERATION of a LIQUOR LICENSE application submitted by Misto Grill located at 5 min 11056 N. Saguaro Blvd. The application is for a Class 12 (restaurant) license. 8.) CONSIDERATION of the FINAL PLAT for "Adero Canyon, Parcel 1", a 23.941 acre, 9-lot single family subdivision (aka Eagle Ridge North, Parcel 1), which includes a grant of private 30 min access easement to the proposed Scottsdale Mountain Estates; Case #S2002-10. 9.) DISCUSSION with possible direction to staff to reduce the PERMIT FEES for grand opening 20 min and ribbon cutting banners. E:\Clerk\AGENDAS\REGULAR\2003\Regular and Executive Session 11-6-03.doc Page 2 of 3 Last printed 11/5/2003 2:51 PM �r V 10.) PUBLIC HEARING to receive comments on ORDINANCE 03-20 amending Chapter 6 of the Zoning Ordinance, relating to requirements in Section 6.08 of the Sign Regulations. Case 30 min #Z2003-08. 11.) CONSIDERATION of ORDINANCE 03-20 amending Chapter 6 of the Zoning Ordinance, 10 min relating to requirements in Section 6.08 of the Sign Regulations. Case #Z2003-08. 12.) PUBLIC HEARING to receive comments on a SPECIAL USE REQUEST for "Fountain Mist Villas", a 17-unit multi -family residential development proposed in a Town Center Commercial "TCC" Zoning District located on El Lago Blvd., east of Saguaro Blvd. Aka Parcel 12, Lot 2; 15 min Case #SU2003-07. 13.) CONSIDERATION of a SPECIAL USE REQUEST for "Fountain Mist Villas", a 17-unit multi -family residential development proposed in a Town Center Commercial "TCC" Zoning District located on El Lago Blvd., east of Saguaro Blvd. aka Parcel 12, Lot 2; Case #SU2003- 5 min 07. 14.) PRESENTATION of CIVIC CENTER — PHASE H research, with possible approval of an 30 min agreement for predesign services. 15.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths 10 min and weaknesses and discuss possible improvements for future meetings. 16.) 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. Requested by Vice Mayor Melendez: Placing the discussion of a brief staff report on a future agenda on the subject of the Town's traffic control activity and/or standards with 5 min regard to the status of current engineering, education, and enforcement issues. 10 min 17.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 9:45 pm 18.) ADJOURNMENT. DATED this 5`h day of November, 2003 �,Z(4:22 - Bevelyn J. Ben r, To 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. 0 E:\C1erk\AGENDAS\REGULAR\2003\Regular and Executive Session 11-6-03.doc Page 3 of 3 Last printed 11/5/2003 2:51 PM ty r. A Proclamation WHEREAS, the Town of Fountain Hills supports town planning and -' recognizes the benefits good planning has on the quality of our lives, and; WHEREAS, the Town of Fountain Hills desires to help provide new learning experiences and encourages students in the Fountain Hills Unified School District to better understand the benefits of planning, and; WHEREAS, the Town of Fountain Hills desires to raise the awareness of all of its citizens regarding local planning efforts and particularly how those efforts can benefit the Town Center area of the Town of Fountain TW Hills. Fountain NOW THEREFORE I Wally Nichols, Mayor or of the Town of Hills, Arizona, do hereby proclaim November 8, 2003 as: 16 "WORLD TOWN PLANNING DA Y" qu in Fountain Hills and call upon all citizens to support the students of Fountain Hills in their efforts to learn about town planning. to be in Witness Whereof I have set my hand and caused affixed the seal of the Town ountain Hills, Arizona, this 6th day of November 2003. J. kk-hws Mayor , 10 Attest: Bevelyn I nde , Town Clerk 6 Date Received: O��y'fAT11T � 0 SCHEDULED PUBLIC FOOD LAIC HILLS A } APPEARANCE/PRESENTATION FORM 30 i eon' Oat is is A Citizen or Groups may apply to have an item placed on the Agenda by submitting a completed "Public Appearance/Presentation Form to the Town Clerk for submission to the Town Manager. Reminder: Requests must be received no later than 5:00 p.m. eight (8) calendar days prior to the regular meeting date to ensure timely delivery to Council Members. If additional staff time is needed to research a proposed agenda item, the Town Manager may postpone the appearance/presentation date. If the Town Manager determines that the subject should not be placed on the agenda, an individual may (i) ask that the request be forwarded to the Mayor for consideration or (ii) obtain the written request of three members of the Council to place the item on the agenda and then submit that request to the Town Manager. APPLICANT'S NAME: N, r-NL!J O L S o� APPLICANT'S ADDRESS: S )1 r t,' %- A Gt iy t -hl C e )'l fey PHONE/FAX: S g4S f5 X , a E-MAIL ADDRESS: �? �� s r s U c s r �Zw.e St o AGENDA DATE(S) APPLICANT IS AVAILABLE: JVo 0. (o Description and purpose of Appearance/Presentation: Lrk)f Pa V-)<,- r' ir_ec._+?)vZ c4 Tb rw,k1"f -2�4_- cX lbt— AJ Ott' ` I � V111 iQJ -LU( Ik?C- I LtC!rvtC� fvtCc (rcCo���a C�`GcE7�'ca �� tcI f �P SnD i'l Se `� G= y •`>'t? � G'' i�`> / L' � L1 < � 1.1T- 1`�u yr c., i l C Ftt I l � 5 +�?' "iS �EYrJ� Will the presentation item require that staff provide audio/visual support? No)< Required: Attach all materials (documents, reports, letters, information, etc.) be presented or viewed. Applicant's Signat4iVe Date Approved g,__Ltem to be placed on the Agenda dated: Z� �j 0 Denied Town Date E:\BBender\Documents\Forms\Schedued Public Appearance -Presentation Form.doc - 9/15/2003 Senior Services of Fountain Hills, Inc. P.O. Box 18561 Fountain Hills, AZ 85269-8561 480.816.5888 October 22, 2003 Memo to: Tim Pickering, Town Manager From: Nancy Olson, Director, Senior Activity Center Subject: Presentation at Town Council Meeting, November 6, 2003 The Presenter is Dr. Wayne Parker, a Fountain Hills resident who is Director for Research and Evaluation for The Virginia G. Piper Charitable Trust. The topic of his presentation concerns The AdvantAge Survey, which was a cooperative project between Visiting Nurse Services of New York and The Virginia G. Piper Charitable Trust. Subjects were Medicare recipients. Dr. Parker will verbally summarize the study findings pertinent to Maricopa County. The interesting part for �W. Council members will be the areas in which the Fountain Hills responses differed significantly from the County responses as a whole. These differences include Fountain Hills' respondents reporting greater financial distress compared with other County residents. Dr. Parker will discuss the possible reasons for the findings. The ten-minute presentation will be entirely verbal. No audio-visual equipment is needed other than the microphone. Located in the Fountain Hills Town Complex, 16836 East Palisades, Bldg C—entrance faces La Montana July 15, 2003 To Whom It May Concern — Thank you for reviewing our request for a cut and fill waiver on Shadow Canyon Lot 11A. We have been working for some time to build a new home for our family, and only after marked effort expended working in other directions have we come to ask for your consideration in this matter. This document provides the history leading up to this request and the reasons we feel this project is a reasonable exception to Town of Fountain Hills ordinances. While every effort has been made to include all of the relevant information in this document, if you have any additional questions please feel free to contact us via any of the means below. Thank you for your time and consideration! 41L, James and Lorrie Scheller (480) 821-6954 (480-821-6957 (fax) jscheller@csoftware.com POR4,11, Project Background In late 2001, we began purchase negotiations for a lot in Shadow Canyon. During research including conversations with Town of Fountain Hills staff and council members, we determined that limitations on hillside disturbance area would prevent us from building a home that suited the needs of our growing family on the lot we had initially fallen in love with. After much deliberation, we purchased two adjoining lots (11 and 12) and merged them in early 2002 to create a set of variables conducive to our needs. Since this time, we have been working earnestly on a home design suitable to the site. In spring 2003, we took the initial floor plans to Dave Montgomery to begin civil engineering work on the project. At this point we discovered a problem both with the building height and the over 10' cut allowance. We have expended considerable effort over the last several months exploring options related to moving or resizing the structure's foot print and elevations. While some improvements to the situation were made, we found that the best combination of factors still left us over the limit on 10' of cut. Several approaches were considered before requesting a waiver. The rapid grade changes on the site quickly put every realistic option at odds with either the height restrictions or cut/fill limits. Moving the structure away from the areas that required the over 10' cut quickly resulted in significantly more retaining walls and the integration of the structure with the landscape was lost. Most movement also put the building footprint on or near other topographic features that we hope to preserve. Altering the building foot print in ways that predominately maintained the existing siting but moving floor plan elements to compatible areas resulted in a sprawling plan requiring aggressive retaining and encroached on rock outcroppings we've gazed fondly on for two years. And in the end, every option we considered still left us with enough area of over 10' cut to require a waiver. Rather then propose a compromised solution, we are presenting an approach that we believe represents the highest and best use of this site. Inherent in this is the belief that it's better to recess the structure into and behind the topography rather then blade the landscape down and build on top of it. This problem has consumed a great deal of time from a number of very talented individuals. The original plan design was executed by local architect Bob Tone with feedback from Greg Zimmerman. The Sunridge Canyon Architectural Review Committee has vetted both the design and this proposal, and has encouraged us to pursue having this design built in the community (see appendix). Dave Montgomery has evaluated numerous proposed modifications and endured more questions from a layman then any engineer should be reasonably required to answer. Reuel Moser of RimRock drafting has been working on CAD drawings on this project for nearly six months now. John Firestone with Northstar Survey has been out to the lot three times checking various measurements and re -surveying areas to quantify our understanding of the site's topography. I have personally spent an enormous amount of time with a compass and 100' measuring tape trying to come to terms with exactly where corners of the house would sit and how the home would fit into its surroundings. In short, no small amount of effort has gone into creating the predicament in which we find ourselves. It is not casually considered that we now ask the Town to help us in creating a workable set of conditions for this unique location. Description of Proposed Siting Shadow Canyon 11A (originally platted as lots 11 and 12) is a 137,5O0SF lot with 24,OOOSF of allowed hillside disturbance. The building envelope is predominantly that originally proposed for lot 11, extended to the north using disturbance gleaned from lot 12. The structure is positioned roughly in the middle of the two original lots and set back considerably from the street and surrounding building sites. The total size of the building envelope is approximately 3O,OOOSF of which only 6,000SF is below 15% slope. Approximately 1 O7,5O0SF of the lot (78%) will remain undisturbed under a Hillside Protection Easement. We are seeking to build a 7,OOOSF (livable) residence with a total area under roof of approximately 11,3O0SF. The design includes a 1,7O0SF walk out basement and a three car garage. The site adjoins parcel D in Shadow Canyon, a large preserve parcel that rises rapidly behind the site. No other home sites will look significantly down on the site; lots in Shadow Canyon with higher elevations are obscured by a ridge line to the north. Views from neighboring lots and rights of way are predominantly looking up toward the structure. This reinforces the need to recess the building into the topography, and makes it virtually impossible to identify any areas where deeper excavation would be utilized. TOTAL UNDER ROOF LOWER LIVABLE RESIDENCE 1.702 5F LOWER MECHANICAL 92 5F LOWER COVERED PATIO 437 5F TOTAL UNDER LOWER ROOF 2,2315F UPPER LIVABLE RESIDENCE 4,847 5F GARAGE 1,454 5F UPPER MECHANICAL 70 5F UPPER COVERED ENTRY 278 5F UPPER COVERED PATIO 1,390 5F TOTAL UNDER UPPER ROOF 8,068 5F LIVABLE GUEST HOUSE 4545F GUEST HOUSE MECHANICAL 29 5F GUEST HOUSE COVERED PATIO 503 5F TOTAL UNDER ROOF GUEST HOUSE 986 5F TOTAL UNDER ROOF 11,287 SF TOTAL LIVABLE LOWER LIVABLE RESIDENCE 1,702 5F UPPER LIVABLE RESIDENCE 4,847 5F TOTAL UNDER ROOF GUEST HOUSE 454 5F TOTAL LIVABLE RESIDENCE 7,003 5F The cut areas are used to implement the walk -out basement, to recess the rear portion of the main house and to meet grade requirements for a small portion of the driveway. None of the cut is being proposed to implement space for amenities like pools, expansive yards or other non -critical parts of the design. The driveway is sited where it would have originally been required for lot 11 and uses the utility service connections at that location. We are requesting a waiver that allows us to cut 2,260 SF to a depth over 10'. The maximum depth of the cut is 16', although most of the area is substantially below this figure. Except for a small portion required to meet code requirements at the driveway, the cut area is either entirely under roof or obscured by the surrounding topography and the structure. Even the driveway cut is of very limited visibility. We are not requesting any waiver for fill. The total cut over 10' being requested is approximately 20% of the area under roof, although this statistic is artificial high since cut area at the driveway is included. The actual over 10' cut at the structure is closer to 15% of the area under roof. 5% of the area under roof is roughly 564SF. In total, we are requesting roughly four times this amount, or (if the driveway area is not considered) roughly three times this amount. Breakdown of Over 10' Cut by Depth and Location Cut Area by Depth Cut Area by Location 10-11 ft 11-12 ft 12-13 ft 13-14 ft 14-15 ft 15-16 ft Cut A - Basement 131 102 76 64 63 249 685 Cut B - Main Floor 250 238 198 177 207 0 1070 Cut C - Driveway 74 171 169 81 3 0 498 455 511 443 322 273 249 2253 The structure is situated amidst the natural rock outcroppings on the site. This has a number of advantages: 1. The structure is situated within the topology, not on top of it or in front of it. Considerable effort has gone into positioning the major masses of the structure into and behind the existing topographic features. Where the structure is visible, it appears as a natural extension of the geologic features. This is important considering the many up -angle views of the structure from the principle rights -of -way and surrounding lots. 2. By siting the structure at a lower finish floor elevation, several views of the structure are obscured by the topography. The structure is almost completely obscured from the top of Quartz Court, and much of the house is behind a significant rock feature when viewed from Shadow Canyon Drive. 3. Integrating with the topography allows for architectural features like a walk out basement and finish -floor changes within the house to occur in a natural context. 4. The natural landscape at the site contains craggy outcroppings and many examples of split rock. Exposed cuts will be treated with a "rock varnish" system (see appendix) to attain a natural weathered look, thereby making the cuts an important focus of the landscaping plan just like the natural outcroppings. When properly treated, exposed excavation can contribute to the character of the surroundings in a natural context. This is not true of retained solutions. Conversely, this same topography poses a number of problems: 1. Even when following the topography at large, the rapid grade changes around smaller land features require some measure of cut or fill to be used within the building foot print to create a usable building pad. Filling leads to retained solutions that intrude on the natural character of the design we are trying to achieve. Where possible, cutting the structure into the site is preferred. 2. The same grade fluctuations play havoc with building height restrictions. It is extraordinarily difficult to solve one site problem by raising parts of the finish floor without parapets or other roof elements exceeding the building height limits in areas short distances away from the original problem. 3. When it is desirable to preserve a rock outcropping, it is necessary to maintain a respectful distance in order to prevent damage during construction. This further forces compression of the building foot print. The cuts we are proposing to make occur in three areas of the site identified on the topographic plan. The three areas as identified as follows: A. Basement Cut B. Main Floor Cut C. Driveway Cut While each of these cuts is made in respect of the advantages and disadvantages mentioned above, they each have specific considerations that are addressed in subsequent sections of this document. Conditions Affecting the Basement Cut Overview The basement cut is identified as `A' on the topographic plan. This is the deepest portion of the excavation with a depth of 16' at the south wall. This cut is entirely within the building footprint. The primary cause of this cut depth is a small peak that occurs in the natural topography near the main entry of the house. Except in the vicinity of this peak, the surrounding grade is conducive to a walk -out design (in fact, there is a small amount of fill occurring in the north-west corner of the plan.) Considered Remediations Shift the building footprint away from the peak (north or east). This approach is feasible but it resulted in two problematic conditions. First, much motion north quickly causes the disturbance footprint to encroach on a rather significant rock outcropping immediately north of the proposed site, show in crude form below. This outcropping is a major feature of the topography that screens a portion of the house from Shadow Canyon Drive and provides a visual focal point from the main residence. The outcropping is composed of loose pile boulders and construction work anywhere near this feature would destroy it. The second problem is that pushing the house from its present location quickly requires either additional retaining walls or higher stem walls along the north edge of the structure. Restrictions on both stem wall height and two-story design elements led to solutions based on tiered retaining walls at this location, but this did not resolve the height limit issues. Since the north and east faces of the house are the primary public exposures, this (in conjunction with removing the screening effects of the outcropping) made this approach unpalatable in any case. Moving the floor plan elements from the basement level to the main floor plan level. This solution shared similar problems with moving the building footprint as a whole. Alternate locations at the main finish floor level or terraced into other areas all resulted in significant additional retaining. The most conducive location to extending the building footprint is the same principle rock outcropping north of the structure, with its incumbent problems discussed above. Extensions to the east or west resulted in objectionable retaining and height limit violations. Extensions to the south were not considered (this would only exacerbate the over 10' main floor cut at this location). Raising finish floor grade at this location. There are two floor levels at this location, so any increase in floor elevation must co -exist with height restrictions. As mentioned, one portion of the basement floor elevation is already 2' above grade, and raising floor elevations quickly generated height and retaining violations throughout the plan. Conclusion While it comprises a substantial portion of the over 10' cut as well as the deepest portion of the excavation, this cut is entirely contained within the building foot print and the design of the structure in conjunction with the topography integrate naturally in spite of the cut depth. The cut is primarily the cause of a localized topographic feature, and moving the building footprint or floor plan components away from this feature cause significantly more visually obvious disturbance to the landscape due to the additional retaining required and the elimination of prominent rock outcroppings. Conditions Affecting the Main Floor Cut Overview The main floor cut is identified as 'B' on the topographic plan. The cut allows for natural lighting of the secondary bedrooms and provides access to the rear of the house. The deepest component of this cut is 13'. This cut is obscured by the structure from the north and west, and is obscured by a 28' grade change from the south and east. Cutting the house in at this depth and location allows the majority of the structure to be obscured behind this grade change when viewed from the top of Quartz Court as shown below (note that the architectural elevation drawing shows the area behind this grade). This cut is primarily through a long ledge structure along the southern edge of the lot. Unlike the rock outcroppings and other smaller topographic features, this is a relatively consistent and solid geological structure that should be self retaining. The proposed excavation here is designed to screen the house and preserve the natural appearance of the entire hillside. Although this cut is largely invisible from outside the structure, the exposed side of this cut will be treated with a rock varnish system to provider a natural weathered face, and the cut itself will be a central component of the landscape plan in this portion of the site. A 20' wide view corridor into the walkway exists between the main house and guest house on the plan. Cut depth approaching the back of the guest house is sloping down to a depth 6', and landscape elements obscure the deeper depth. The view angle from right of ways and surrounding lots is from an angle sufficient to hide most of the view space between the two structures entirely. Any view into this space is negligible, and no view will be possible of the cut area over 10'. The view above is a perspective rendering from eye -level at the intersection of Quartz Court and Shadow Canyon Drive shown without any of the proposed landscaping. Note that none of the cut area is visible in the view corridor between the main structure and the guest house. Even from other elevations, views into this space from other angles are rapidly obscured by the guest house and the main structure. Considered Remediations Shift the building footprint away from the peak (north or west). Moving north suffers from the same concerns related to moving the foot print discussed for the basement cut. Moving the plan west resulted in exceeding retaining wall height limits for the turnaround and western edge of the house. Moving the floor plan elements from the western side of the plan to other locations. Moving floor plan elements to the basement only exacerbated problems related to the basement cut discussed in that section. Moving elements to other locations on the main level introduced the same class of problems discussed in regard to moving basement plan elements up to the main floor level. Raising finish floor grade at this location. The finish floor elevation at this location is already elevated from the main floor level. Further raising the elevation here introduced problems with retaining for the turnaround, increase in slope of the driveway above code and introduction of a large number of steps between levels in the home. Additionally, some component of the grade change would still remain above 10' as the slope tracked back to the principal finish floor height. More aggressive changes in floor elevation across the entire structure began introducing height restriction problems as well as problems with retaining wall heights along the north patio. Conclusion This cut serves an important roll in hiding the structure from views from the east and it serves from other perspectives to suggest that the house is arising as a natural feature from the landscape rather then resting on top of it. Changing the floor grades at this location caused problems throughout the plan, including issues with driveway slope limitations. Attempting to relocate plan elements away from this area not only resulted in a lack of visual integration with the topography, but generated retaining and height issues discussed at length in the previous section. Conditions Affecting the Driveway Cut Overview The driveway cut is identified as 'C' on the topographic plan. This is the smallest area of over 10' cut, but by its nature is the most visible. However, this visibility is not necessarily a negative feature. The site contains many steep rock faces, and when properly treated the exposed excavation at this location will contribute to the craggy character of the landscape. Visibility of the driveway is limited to residents of lots 8, 9, and 10. Lots 8 and 9 are undeveloped. The view from lot 8 is likely to be highly peripheral and much (if not all) of the driveway may be out of the line of sight. Residents of lot 10 will only see cuts the while driving past the site to their house. Because this is the only access to what was originally lot 11, a driveway was expected at this location by these residents. The driveway is a self retaining rock cut leading off the cul-de-sac to the exterior grade elevation. As proposed, the driveway is at the maximum slope allowed by code. Aspects of this grade change through the driveway play a complex roll in determining the finish grade at the main house. Increasing the finish exterior grade increases the slope of the driveway above the mandated limit. Reducing the finish exterior grade reduces the driveway slope, but increases the over 10' cut at both the driveway cut and the main floor cut. This area of the site was surveyed twice in the course of planning this driveway to attempt to meet all requirements and determine the optimum layout at this location. The driveway is sited at the original driveway location for lot 11 prior to the join of lots 11 and 12. Utility connections for the lot are at this location. The over 10' cut does not start until the driveway is almost 30' back from the street. While the cut is visible from the cul-de-sac, this cut is not visible from other locations on Quartz Court, or from any other right-of-way. A driveway was not proposed for lot 12 (the building envelope was near the street significantly away from the revised site location); original utility connections for lot 12 are at the northern most corner of the lot (furthest from the proposed building site) except, paradoxically, the sewer connection for 12 which was located uphill from lot 12's building envelope. Considered Remediations Increasing the driveway slope. The driveway's design grade is already at the code allowed maximum. Because much of the grade change is near the street elevation (an inflexible design parameter), increasing the slope to a point that eliminated the 10' cut created an unnavigable driveway. Relocate the driveway to the southern portion of the lot. This location was considered at the earliest stages of the design process. This option was rejected because a driveway running up this slope would involve retaining on the inside and outside edges up the slope visible across Quartz Court, Shadow Canyon Drive and Sunridge Canyon drive. The resulting driveway, retaining walls and garage would be visible to residents well outside the immediate neighborhood. The Sunridge Canyon architectural committee has indicated this is not a desirable solution in comparison to the nearly invisible driveway cut at the top of the cul-de-sac. Also, the lack of utility services at this location would require relocating utility service connection points or extensive trenching. Conclusion Because of site conditions, any compliant driveway at this location will require more then 10' of cut to implement. The excavation here is only visible to a small number of residents who were expecting a driveway of this type at this location for lot 11. Other driveway locations would cause substantially more visual disturbance from major rights of way and would require relocation of several utility services. Further, relocating the driveway alone would not address issues with the structure's plan design, and additional over 10' cut would still be required to address the problems previously discussed. Note Perspective renderings of the driveway grade were not illustrated here because the software used to generate these models has a difficult time with anything other then uniform grades in roadbeds. The simultaneous winding and cresting nature of the driveway was poorly suited to modeling in this situation. Please refer to the engineering plan and sections for details on the extent of the cut in this area. Summary and Request for Waiver This document outlined the site conditions at Shadow Canyon Lot 11A. This lot contains a number of interesting topographic features that simultaneously generate a unique setting and challenge the ability to design a residence strictly within Town and HOA guidelines. Despite these challenges, our goal remains to build a residence that integrates meaningfully with the topography and uses topographic features to screen the structure from neighbors and rights of way. We believe that building such a home will add value to our own lifestyle as well as those of our neighbors, the surrounding community and the greater Town. We have explored many alternatives, and none met these important criteria. Numerous competent experts have played a roll in this process, and we have approached the design process with a patient perspective. The design has been through many iterations, each attempting to resolve or at least reduce one or more of the various challenges that have come up during a very protracted design process. For many months, the particular issues discussed in this document have occupied the hearts and minds of people with an agonizing familiarity with the site. It is only after determining that no one approach resolved all of the cut issues that we ultimately came forward with this request. We believe it is in cases such as this one that ordinances designed to improve property values and the character of our Town serve against their good intentions. Through this document and the other materials presented, along with the opinions of many experts employed in reaching the decision to make this request, we hope that you find that our project meets the spirit of these ordinances and is therefore worthy of a waiver. Appendices /o/a+ �+`'� '�" tau �saMh�l6�awo6�uowD :1!ow-a 8999-LtB (D9t) •ol 5�91-CtB (O9t) 90ZS9 VNOZ18V 'SII!H NIV1Nf10d ox% 311l1S '3AV M31AM1Vd 3 91L91 7l '1N311 WW" ► ON55133MON3 A?13WO9 NOW ZtNll 5103 9NINIOf 1V1d3!! 1755 ziHvno ZI nd 1t S10l NOJ.Nd40Z 3CCIHNnS © NOI.NVO MOCVHS i O g _ 0310N SV " LY190 a. 00 - -4 fi�WSN }'� 33N3aIS3H U3113HOS g Wd h 0.4ii � �1 Y J ode rta�s as $N a = Ne i 5�,959y bk� (a),rr''90 9st m v`/d•° �\ �DO S2=___ Z9St\ '�B s Nl$< N ;l ___ A �•/ d � \ p \ x a. \ Z U I \ \ \ \ 2 CID \ 7 �m m W� .1?zz�g O � I �o-!g! CID 1 1 \ I r� r ar H i == Ip �35 Z Or IN ZZ t.ly r , , \ I-d O n,\ � J W a_� �j W NNE nJ.cS6 /,R 3 rT z a y h 7!< � r l V) �Cm'y`i I _fie � �aJ).9..ay,sr•/��� / G I I G r I � , r s m � of � ^I � v �I a Z, 1 N Y Il \ \ y6" I IW I elm I= i Sq,'O 14 1¢6}.14' BASIS OF BEARINGS Z U U �- S `eSJOCs �¢el ti/ h c 9Tp` w a /p ,e March 7, 2003 JAMES SCHELLER LORRIE M. SCHELLER 3141 W BAYLOR LNE CHANDLER AZ 85226 RE: PRELIMINARY PLANS Account #: 44-10 SUNRIDG E C A N Y O N COMMUNITY ASSOCIATION 1011 02 Dear SunRidge Canyon Property Owner, The Architectural Review Committee of the SunRidge Canyon Community Association is pleased to inform you that your recent submittal has been given PRELIMINARY APPROVAL. Please review the stipulations listed below (if any) and be sure to incorporate Lhem into your submittal for Final Plan Approval. Preliminary plans APPROVED. Ple.,se address two story element as dis- cussed. Revie;., disturbance envelope locations to allow realistic dis- stance for construction distur'ance. Call out driveway grade. Call out exterior materials on plans. Review requirements for final review and resubmit. Landscape will be reviewed separately. You are reminded that you are solely responsible for any fees, documents, permits or inspections required by the Town of Fountain Hills. However, no site disturbance or construction of any kind shall be allowed prior to the issuance of Final Plan Approval by the SunRidge Canyon Architectural Review Committee. If you have any questions about the requirements for Final Plan Approval, please do not hesitate to contact me at (480) 921-7500 for more information. Sincerely, CAPITAL CONSULTANTS MANAGEMENT CORPORATION Agent for SunRidge Canyon Community Association s • Marianne Wiggishoff Community Association Manager c/o Capital Consultants Management Corp. • 7975 North Hayden Road • Suite D-105 • Scottsdale, AZ 85258 • Phone (480) 921-7500 / Fax (480) 921-7564 June 9, 2003 JAMES SCHELLER LORRIE M. SCHELLER 3141 W BAYLOR LNE CHANDLER AZ 85226 -Al&bd� SUNRIDGE C A N Y O N COMMUNITY ASSOCIATION RE: CONCEPTUAL APPROVAL Account #: 44-10 1011 02 Dear Property Owner, Thank you for your participation in the modification approval process for the SunRidge Canyon Community Association. - Your submittal was received and evaluated by the Community's Design Review Committee. Your proposed modification has been APPROVED as noted below. Please be advised that the Architectural Review Committee does not warrant improvements. It is the responsibility of the owner to ensure the quality of craftsmanship, to gain proper approvals from the appropriate local and government officials (if necessary) and to verify adequacy of design. It is important to note that any deviation from the approved submittal requires resubmission to the Architectural Review Committee. Approval is valid for one year from the date of approval. All modifications/improvements must be completed within 90 days from the date of commencement. Should you have any questions, please contact me at 480-921-7500. Sincerely, CAPITAL CONSULTANTS MANAGEMENT CORPORATION Agent for SunRidge Canyon Community Association • Marianne Wiggishoff Community Manager Cuts in excess of 10 feet APPROVED as depicted on civil plan dated 4-25-02 (copy -stamped 6-6-03) c/o Capital Consultants Management Corp. • 7975 North Hayden Road • Suite D-105 • Scottsdale, Arizona 85258 • Phone (480) 921-7500 / Fax (480) 921-7564 June 9, 2003 SUNRIDGE C A N Y O N C O M M U N I T Y ASSOCIATION Re: Ten -Foot Cuts on Lot 11A in Parcel J Shadow Canyon To Whom It May Concern: At its meeting on June 6, 2003, the Architectural Review Committee of the SunRidge Canyon Community Association reviewed in concept a civil site plan for a single-family home on Lot I IA in Shadow Canyon, Parcel J in SunRidge Canyon. The Committee noted three areas on the civil plan dated April 25, 2002 (copy -stamped June 6, 2003) that involved cuts in excess of ten feet: one at the driveway, another along the right elevation, and yet another cut, this one to be concealed, at the left side of the building toward the north, noted as "Cut A." After some discussion with the owner, the Committee decided it had no objection to the cuts. Sincerely, CAPITAL CONSULTANTS MANAGEMENT CORPORATION Agent for the Association Marianne Wi.ggishoff CMCAV AMS(T Community Association Manager C: BOD, COA, Lot file c/o Capital Consultants Management Corp. - 7975 North Hayden Road - Suite D-105 - Scottsdale, Arizona 85258 - Phone (480) 921-7500 / Fax (480) 921-7564 Welcome to Permeon Coloration Systems - Advanced Concrete Technologies 7/13/e3 6:26 PM a P Simulated Desert Varnish Desert Varnish Coloration NATURAL DESERT VARNISH The thin, brown to black coating found on stable rock surfaces in and and semi -arid regions of the United States and other parts of the world are commonly called "desert varnish". In mountainous areas such as New York, Colorado and Montana the weathered patinas are referred to as "rock varnish". Research shows the formation of true desert varnish is geologically slow. In Egypt, for example, varnish is barely perceptible on summits of the pyramids of Cheops after 5,000 years. Petroglyphs in Arizona formed four hundred to a thousand years ago by scraping away desert varnish coatings have not re-established new coatings. Formation of desert varnish is a very complex oxidation process. A main contributor is thought to be wind blown dusts bringing clays and salts, primarily of iron and manganese to be precipitated on rock sufaces. Clay minerals make up the bulk of a typical desert varnish but the striking, warm colors are due to presence of the iron and manganese oxides. Other proposed mechnisms include atmospheric sea salts released by the bursting surf and biogenetic formation when acids secreted by lichens corrode the rock and release the ferromanganese salts. Varnish forms only on stable surfaces. Soluble surfaces such as carbonates will not support varnish and friable rock will have less varnish on them than adjacent stable surfaces. Large quartz masses resist varnish formation because of lack of surface porosity and cation exchange capacity. SIMULATED OR ARTIFICIAL DESERT VARNISH Why was it developed Man's activities, especially in desert or mountainous areas often exposes large, unsightly areas of lightly colored, glaring scars of freshly exposed rock visible from great distances. Construction of roads and dams, housing developments and pipelines all contribute to a new form of pollution - Visual Pollution! Natures's timetable in restoring the desert varnish to the scarred areas is much too long. The challenge was to develop an artificial desert varnish that would produce natural, aged colors in days rather than centuries. And to do so in an environmentally friendly manner so the application would pose no threat to plants, animals or, the applicators. In 1974 the original simulated desert varnish was developed in the laboratories of Arizona State University under the guidance of Dr. Carleton Moore. This was a two step, alkaline/acid process that was successful in restoring millions of square feet of mountain scars to seemingly untouched desert patinas. However, the original system was labor intensive, expensive and potentially hazardous. Critters in path of the spray could be blinded and protective clothing was called for. Also, was prone to washing if subjected to inclement weather during the application cycle. In 1994, a single step, environmentally safe process was developed and patented by Dr. Moore. Exclusive license to this new technology (PERMEON) was granted to Advanced Concrete Technoligies of Santa Ana, California by the Board of Regents of ASU. In 2003 - Rights To Permeon was purchased by Soil -Tech, Inc. of Nevada. PERMEON is colorless when first applied. Within days, variegated colors ranging from light brown to black emerge. Colors and intensities are controlled by application techniques and by varying strengths of the solution being applied. Trained crews with custom spray equipment and variable tip nozzles can cover large areas in a short time. For difficult or unstable areas, helicopters have been used with good success. Typical applications include highway cuts, mining scars, haul roads, rip -rap, landscape boulders and reservoirs. Applications on concrete include retaining walls, shore lines of man made lakes, cart paths and drainage structures. Permeon has also been successful in reducing glare on galvanized surfaces such as chain link fences and galvanized pipe. Permeon Coloration Products Are Manufactured And Distributed In The United States By: Soil -Tech - Jerry Stanley President 5357 S. Cameron Ste. L Las Vegas, Nevada 89118 Phone: (703) 873-7585 Fax: (702) 873-0915 www.Soil-Tech.com Technical Sales Representative: Debbra Stokes -Haglund P.O. Box 42048 Phoenix, AZ 85028-2028 Tel: (602) 568-2266 Email: debbra@soil-tech.com You arc: visitor number 42 visits (4 today, 4 this week, 16 this month, 42 this year) Site Designed, Hosted & Maintained by Land4Net-corn. Copyright OJ 2000-2003 PERMEON COLORATION SYSTEMS.AII rights reserved. http://www.permeon.com/history.shtml Page 1 of i Welcome to Permeon Coloration Systems - Advanced Concrete Technologies 7/13/03 6:27 PM sitrluul art Varnish Frequently Asked Questions 1. Is Permeon environmentally safe? Yes. Permeon was developed and patented to be "chemically neutral' relative to the environment. Permeon is harmless to vegetation, applicators, bystanders, critters in path of the spray and waterways. 2. What color range is available? Permeon develops natural, variegated, patinas identical to those formed over a period of centuries. These range from light to dark browns to black depending on strength of solution applied and/or number of applications. 3. Are Permeon colors stable? Very. After application, materials in the patiented permeon processes react with oxygen in the atmosphere to form insoluble oxides on rock and soil surfaces. This is why Permeon is colorless when first applied. On warm, summer days, full color development occurs within days. Other ingredients in Permeon are natural nutrients for soil bacteria and have an average lifetime of less than 24 hours. 4. What rock types will Permeon work on? Permeon works on all rock types including igneous, sedimentary and metamorphic. Soluble or unstable surfaces will color well but will fade as the surfaces erode. Permeon also develops natural earth tones on concrete surfaces such as retaining walls and shorelines of man made lakes. 5. How is Permeon purchased and applied? Permeon is applied by trained, licensed applicators. At present, most of these are in the Western States. Permeon has been sold direct for small projects in remote areas. 6. Who uses and specifies Permeon? Permeon is specified by Federal Agencies such as the U.S. Forest Service, Bureau of Land Management, Federal Highway Administration, and the National Park Service. Also by most Highway Departments in the Western States including California, Arizona, Colorado, Utah, Washington and Oregon. Also by Local and County Agencies, Landscape Architects and Golf Course Developers. Permeon is a safe, single step, rock coloring technology that accomplishes in days what takes nature centuries. Permeon Coloration Products Are Manufactured And Distributed In The United States By: Soil -Tech - Jerry Stanley President 5357 S. Cameron Ste. L Las Vegas, Nevada 89118 Phone: (703) 873-7585 Fax: (702) 873-0915 www.Soil-Tech.com Technical Sales Representative Debbra Stokes -Haglund P.O. Box 42048 Phoenix, AZ 85028-2028 Tel: (602) 568-2266 Email: debbra@soil-tech.com You are visitor number 36 visits (4 today. 4 this week, 14 this month, 36 this year) Site Designed, Hosted & Maintained by Land4Net.com. Copyright GO 2000-2003 PERMEON COLORATION SYSTEMS.AII rights reserved. http://www.permeon.com/question.shtm] Page 1 of 1