HomeMy WebLinkAboutRes 2007-04 • a
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RESOLUTION NO. 2007-04
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING A FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT WITH JFM LIMITED PARTNERSHIP I
REGARDING FOUNTAIN HILLS RESORT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the First Amendment to the Development Agreement between the
Town of Fountain Hills and JFM Limited Partnership I, dated April 3, 2003, is hereby approved
in the form attached hereto as Exhibit A and incorporated herein by this 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 First Amendment and to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, June 7, 2007.
FOR THE T OF FOUNTAIN HILLS: ATTESTED TO:
• i6u,d( /(1.(
W. J.Nic ls,Ma Bevelyn J. Bder own Clerk
RE ED BY: APPROVED AS TO FORM:
nI)j(
4, oft
Timothy G. ickering, Town ager Andrew J. McGuire, Town Attorney
t,
739063.1
•
Loo, EXHIBIT A
TO
RESOLUTION NO. 2007-04
[First Amendment]
See following pages.
739063.1
((be FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT
(Fountain Hills Resort)
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First
Amendment") is entered into June 7, 2007,by and between the TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation (the "Town") and FH Resort Developers, L.L.C., an Arizona
limited liability company(the"Owner").
RECITALS
A. The Town and Fountain Vista Properties, LLC, an Arizona limited liability
company ("Fountain Vista") are parties to that certain Development Agreement dated March 3,
2003 and recorded at Document Number 2003-0365140 in the Maricopa County Recorder's
Office(the"Original Development Agreement").
B. The Original Development Agreement governs the development of the property
legally described on Exhibit 1 attached hereto and incorporated herein by this reference (the
"Property").
C. The Owner has succeeded to the interest of Fountain Vista in and to the Property
(Le as well as its interest in the Original Development Agreement.
D. The Original Development Agreement provided for development of a medium
density resort hotel and up to 71 Villas intended for multi-family residential use.
E. The Town and the Owner desire to amend the Original Development Agreement
to alter the development contemplated by the Original Development Agreement by (i) reducing
the amount of cut and fill necessary, (ii) reducing the area of land disturbance, (iii) eliminating
all R-4 zoning category uses from the Property, (iv) reducing the number of condominiums from
71 to 36, (v)increasing the per-square-foot price for excess land disturbance.
F. The Town Council of the Town has authorized execution of this First Amendment
by Resolution No. 2007-04.
NOW, THEREFORE, in consideration of the foregoing recitals, the promises and
covenants set forth below, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties, the Town and Owner agree to
amend the Original Development Agreement as follows:
1. Site Development. Section 3 of the Original Development Agreement is hereby
deleted in its entirety and replaced with the following:
Should the Town Council, in the exercise of its legislative discretion,
((kore approve the Zoning and the General Plan Amendment(as each are defined
696617.8
hereinafter), the Town agrees that Owner may develop the Property
consistent with the site plan prepared by Group West Companies, Inc.,
dated April 6, 2007, attached hereto as Exhibit H and incorporated herein
by this reference (the "Site Plan"), subject to any final zoning stipulations,
development standards and the requirements and specifications of final
construction and engineering plans to be approved by the Town, if and as
approved by Owner, which approval shall not be unreasonably withheld,
conditioned or delayed.
The Site Plan has been amended since the Original Development Agreement was approved by
the Town. The amended Site Plan is attached to this First Amendment and shall be substituted
for the original site plan attached to the Original Development Agreement as Exhibit H.
2. Zoning; Use. Section 4 of the Original Development Agreement is hereby
amended to provide that except for that portion of Property zoned "OSR" the remainder of the
Property is intended to be zoned "L-3 PUD" (the "Lodging Zoning Category") to accommodate
the development of a resort hotel conference center and spa on the Property having
approximately 250 hotel rooms, an approximately 22,000 SF conference facility and 36
condominium units on the Property, together with ancillary uses including, without limitation,
meeting space, lobbies, spa, pool, fitness center and other related amenities (the "Fountain Hills
Conference Resort & Spa" or the "Resort"). The parties hereby agree that should the Lodging
Zoning Category be approved over the New Lodging Area (as defined below) by the Town
Council, the Lodging Zoning Category is the appropriate zoning classification for such use,
Akae, including the condominium units. The area of the Property intended to be changed from R-4 to
L-3 PUD is described on Exhibit 2, attached hereto and incorporated herein by this reference (the
"New Lodging Area"). Prior to adoption of the Lodging Zoning Category over the New Lodging
Area (such action is referred to herein as the "Lodging Rezoning") as set forth above, the Town
Council shall consider a minor amendment (the "General Plan Amendment") to the Town's
General Plan 2002 (the "General Plan") and if, in the exercise of its legislative discretion, the
Town Council approves the General Plan Amendment, the Lodging Zoning Category shall be
consistent with the General Plan. The Resort, including the condominium units shall be
identified and constructed in material accordance with the Site Plan.
3. Limitations on the R-4 Multi-Family Residential. Concomitantly, because the
Property would, after adoption of the Lodging Rezoning, only include L-3 PUD uses and would
no longer include a component of R-4 multi-family zoning and because development of the
Resort contemplates no such uses, Section 5 of the Original Development Agreement is hereby
deleted in its entirety from the Original Development Agreement and shall be of no further force
and effect.
4. Cut and Fill Standards. Section 6 of the Original Development Agreement is
hereby amended to provide that the area of cut and fill needed to develop the Resort on the
Property shall be reduced from the amount of cut and fill authorized by the Original
Development Agreement. The development of the Resort according to the Site Plan would
reduce the area of cut and fill by approximately 12,271 SF (or 6.98%) from the amount of cut
and fill authorized by the Original Development Agreement.
(Le,
696617.8
2
5. Land Disturbance Provision. In order to provide for the reasonable use and
development of the Resort in accordance with the Site Plan and the policies of the Town, Section
7 of the Original Development Agreement is hereby amended to reduce the hillside disturbance
by approximately 4.72 acres, as shown on the Site Plan.
6. Payment to the Town. Section 8 of the Original Development Agreement
required the Owner to pay to the Town certain sums related to land disturbance on the Property.
Since the time the Original Development Agreement was signed, the cost for such land
disturbance has increased from$1.00/SF to $2.83/SF. Therefore, Section 8 is hereby amended to
provide that in consideration of the land disturbances on the Property, the Owner shall pay to the
Town $634,470.71, payable on the same terms and, in the manner as provided in the Original
Development Agreement.
7. Agreement Adoption and Effectiveness. The Section 9 of the Original
Development Agreement is hereby deleted in its entirety and replaced with the following:
Rescission of Annexation Ordinance and Rezoning. If the Lodging
Rezoning, General Plan Amendment and the Special Uses (as defined
below) (collectively, the Lodging Rezoning, General Plan Amendment
and the Special Uses are referred to herein as "Approvals") are the not
approved at the same Council meeting, the Council shall (by Motion for
Reconsideration or other appropriate means) repeal the Lodging Rezoning
kby Ordinance prior to expiration of the 20-day period following the Council's
adoption of the Approvals and before the Lodging Rezoning is final and
effective under applicable law, even if the Council must hold a special
meeting to do so. The Lodging Rezoning ordinance shall contain
provisions (A) requiring repeal of the Lodging Rezoning ordinance by the
Town if(i) the Town does not approve the General Plan Amendment (if
not previously approved and effective) and the Lodging Rezoning, subject
only to those conditions on development of the Property acceptable to the
Owner, which acceptance shall not be unreasonably withheld, conditioned
or delayed, at the same Council meeting as adoption of this First
Amendment, (ii) any person, other than a Party, files a verified petition
with the Town challenging the General Plan Amendment or the Lodging
Rezoning or (iii) any person, other than a Party, files a verified petition
with the Town challenging the validity of this First Amendment and (B)
causing the automatic repeal of the Lodging Rezoning ordinance in the
event that the Council fails to repeal the Lodging Rezoning ordinance as
set forth above. The Town makes no representation as to the
enforceability of the automatic rescission and termination provision set
forth in Clauses (A) and (B) of this Section, but agrees to use its best
efforts to accomplish the intent of this Section 9. The Parties agree that
nothing in this First Amendment shall affect the Town's ability to approve
or deny the General Plan Amendment, Special Uses or the Lodging
Rezoning or to impose conditions on development of the Property;
696617.8
3
( provided, however, that such conditions on development of the Property
are reasonably acceptable to Owner.
8. L-3 Zoning District - Ten Year Lock. Section 10 of the Original Development
Agreement is hereby amended to provide that: (A) the Property shall be used solely and
exclusively for the Resort as shown on the Site Plan and in accordance with the Approvals and
for no other purposes and(B) for a period of ten years from the date of this First Amendment and
Owner agrees that it shall be precluded from requesting a rezoning or alteration of the use of the
Property during such time. If Owner requests a rezoning or alteration of the uses allowed under
the Lodging Zoning Category which is substantially inconsistent of the uses permitted under the
Lodging Zoning Category, this First Amendment or the Original Development Agreement, the
Original Development Agreement, as amended by this First Amendment, shall immediately
become null and void except that the Town shall retain the $634,470.71 payment set forth in
Section 6 above. The Owner shall commence construction with respect to the Resort as soon as
market conditions permit and market demands support such construction but no later than two
(2) years after the Town Council grants the Approvals, plus thirty (30) days. All references to
the "Hotel" or the "Villas" in Section 10 of the Original Development Agreement shall mean the
Resort and all references to the "Proposed L-3 Area" or the "R-4 Area" in Section 10 of the
Original Development Agreement shall collectively mean the existing L-3 PUD Areas of the
Property and the New Lodging Area. Owner specifically agrees and understands that Hotel
Construction requirements of Section 10 remain in full force and effect, such that any
construction of the Condominium Unit portion of the Resort is commenced prior to construction
of the Hotel portion of the Resort shall be conditioned and restricted in the same respect as the
((by Villa construction related to the Hotel construction in the Original Development Agreement.
9. Special Uses. Section 11 of the Original Development Agreement is hereby
deleted in its entirety and replaced with the following:
11. Special Uses; Condominium Units.
A. Special Uses. The Owner may, and likely will, require one
or more special use permits in order to operate the Resort as intended by
the Original Development Agreement and this First Amendment,
including allowing the Resort to offer, among other things, first-class
restaurants and bars; 24-hour room service; daily housekeeping, laundry
and maid services; concierge staff; health and fitness spa; business and
conference facilities; banquet facilities; and on-site maintenance staff(the
"Special Uses"). Accordingly, the Town shall consider for approval and
special use permits as necessary to allow for the Special Uses on the
Property; provided, however, that such Special Uses are complimentary to
the Resort as contemplated herein; provided further, however that nothing
contain herein shall limit the discretion of the Town relating to such
special use permits.
B. Condominium Units. It is anticipated that Owner will
submit a preliminary subdivision plat, which, pursuant to a Declaration of
401.Nor
696617.8
4
Condominium under Arizona law, will create 36 individual condominium
units (each a "Condominium Unit" or collectively, the "Condominium
Units"). Owner expressly agrees and understands that none of the
250 hotel rooms described in the First Amendment shall be Condominium
Units. Owner may sell each of the Condominium Units to individual
third-party owners or choose to retain ownership of the Condominium
Units or repurchase them and resell them from time-to-time. After a
Condominium Unit is sold, the individual owners may elect to occupy
their Condominium Unit or rent their Condominium Unit as set forth in
this subsection. In recognition that fee ownership of these Condominium
Units would decrease the amount of hotel bed taxes that the Resort would
generate for the Town were the Condominium Units continuously
available for rental to Resort guests, Owner, its successors or assigns shall
provide a method acceptable to the Town whereby individual owners of
privately-owned Condominium Units shall have the option to make such
Condominium Units available for rent through a centralized room rental
and reservation system through which bed taxes shall be collected and
remitted to the Town. Owner, its successors or assigns shall also provide
in its Declaration of Condominium that any individual owners who choose
to rent their units without availing themselves of the Resort's centralized
room rental and reservation system shall be responsible to remit to the
Town all applicable taxes, including taxes applicable to short term rentals
under the Town Code. Bed taxes shall not be collected with respect to
( (160. Condominium Units that, at the time of their use, are owner-occupied.
10. Roadway Improvements; Traffic Signal. The Owner shall reimburse the Town
for installing and constructing acceleration and deceleration lanes and median cuts to provide
safe access into and out of Vista Drive from Palisades Boulevard together with a sidewalk along
Palisades Boulevard. The Owner shall be solely responsible for identifying and constructing all
roadway improvements as required by the Town's development regulations and in accordance
with the Site Plan. Owner shall, at its sole cost and expense, install a traffic signal at the location
shown on Exhibit 3, attached hereto and incorporated herein by reference, at a time and in a
manner acceptable to the Town Engineer.
11. Landscaping. Owner shall be responsible for installing and constructing (i)
landscaping on and about the Southwest corner of the Property and extending along Palisades
Boulevard and (ii) a top-quality, first-class entrance into the Resort as identified on the Site Plan
(together, the "Landscaping Improvements"). The Landscaping Improvements shall be
identified and constructed in accordance with the Landscape Plan attached hereto as Exhibit 4
and incorporated herein by reference. All such Landscaping Improvements shall be completed
prior to issuance of the first certificate of occupancy for any portion of the Resort.
12. Architectural Approvals. In addition to the requirements of Chapter 19 of the
Town's Zoning Ordinance and as soon as practical following approval of this First Amendment,
the Owner shall submit to the Town for its approval such elevation drawings and architectural
renderings and deemed desirable by the Town, showing all of the building design characteristics
{
696617.8
5
(11., for the Resort, including but not limited to, colors, architectural treatments and details, building
massing and composition, building orientation, signage, monumentation, and surface treatments
for exposed retaining walls.
13. Site Development. There is hereby added to the Original Development
Agreement the following provision:
Upon the review and approval of the Approvals for the Property,the Town
hereby agrees to process in a timely manner, applications for approval,
review and issuance of plans, specifications, permits, plats or any other
required filings which substantially conform to the Site Plan, provided the
Owner has (A) complied with the ordinances and regulations applicable
thereto and all platting, applications and permit requirements of the Town
and(B)paid the then current applicable development fees.
14. Entitlements. There is hereby added to the Original Development Agreement the
following provision:
In consideration of the substantial expenditures by the Owner and in
consideration of the substantial sales, hotel bed and board taxes to be
generated from the Property from the construction of the Resort and the
subsequent operation of the Resort on the Property, Owner, its successors
and assigns following the commencement of construction shall have the
Clbwvested right to undertake and permit the development and use of the
Property in accordance with the Approvals,without being subjected to any
Town-initiated rezoning of the Property, so long as Owner, its successors
and assigns, are not in breach of this Agreement and so long as they have
not violated the terms and conditions of the Approvals.
15. Waiver of Claims Pursuant to Aiuz. REV. STAT. § 12-1134 et seg. The Owner
agrees and understands that the Town is entering into this Agreement in good faith and with the
understanding that, if it acts consistently with the terms and conditions herein, it will not be
subject to a claim for diminished value of the Property from the Owner or other parties having an
interest in the Property. The Owner, on behalf of itself and all other parties having an interest in
the Property, intends to encumber the Property with the following agreements and waivers.
Owner agrees and consents to all the conditions imposed by this First Amendment and the
Original Development Agreement and the Approvals, and by signing this Agreement waives any
and all claims, suits, damages, compensation and causes of action the Owner may have now or in
the future under the provisions of ARiz. REV. STAT. §§ 12-1134 through and including 12-1136
(but specifically excluding any provisions included therein relating to eminent domain) and
resulting from the development of the Property consistent with this First Amendment, the
Original Development Agreement or the Approvals. Owner acknowledges and agrees that
neither the Approvals nor anything contained herein would result in a reduction of the fair
market value of the Property as defined in ARIz. REV. STAT. § 12-1136, as amended, or any
successor statute hereinafter enacted purporting to deal with the protection of property rights or
condemnation under Arizona law.
4116.,
696617.8
6
(116,
16. Incorporation. The Recitals set forth above are incorporated herein as a
substantive part of this First Amendment as if fully set forth herein.
17. Interpretation. All capitalized terms in this First Amendment shall have the same
meaning as provided in the Original Development Agreement, unless ordinarily capitalized or
otherwise defined herein or if the context clearly requires otherwise. Titles or captions of
sections contained in this First Amendment are inserted only as a matter of convenience and for
reference, and in no way define, limit, extend or describe the scope of this First Amendment or
the intent of any provision hereof.
18. Consistency; Modification. Any provision of the Original Development
Agreement that is inconsistent in any manner with this First Amendment is hereby amended and
superseded to the extent of such inconsistency. Except as modified by this First Amendment, all
of the terms and conditions of the Original Development Agreement shall remain in full force
and effect. This First Amendment and the Original Development Agreement shall not be further
modified in any manner other than by a written amendment executed by the Town and the
Owner or its successors or assigns. If any clause, sentence or other portion of this First
Amendment shall become illegal, null or void for any reason, or shall be held by any court of
competent jurisdiction to be so, the remaining portions thereof shall remain in full force and
effect.
19. Successors and Assigns. This First Amendment shall be binding upon and inure
(lime to the benefit of the successors and assigns of the respective parties.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Development Agreement as of the day and year first above written.
"Town" "Owner"
TOWN OF FOUNTAIN HIL S, an FH RESORT DEVELOPERS,L.L.C., an Arizona
Arizona municipal corporat; n limited liability company
/ By: VALHALLA FO HILLS, L.L.C.,
L's.•
a Delawa ' i . iab lity company,B : '�'
y ���=� its ger
W. J.Nic• ls, Mayor
By: •
ATTEST: Tod Decker, Managing Member
Bevelyn J. Be der, own Clerk
696617.8
7
STATE OF ARIZONA )
(liof ) ss.
County of Maricopa ) t
SUBSCRIBED AND SWORN to before me, a notary public, this /Stday of-May, 2007,
by Tod Decker, the managing member of Valhalla Fountain Hills, L.L.C. a Delaware limited
liability company, the manager of FH Resort Developers, L.L.C., an Arizona limited liability
company, for and on behalf of the company. p_ tz.ity\ a
ga_fp
Notary Public
My Commission Expires:
OFFICIAL SEAL
KIMBERLY A. WESTFALL
a , oec ; NOTARY PUBLIC-State of Arizona
'Q �; MARICOPA COUNTY
My Comm.Expires May 18,2008
STATE OF ARIZONA )
) ss.
County of Maricopa )
SUBSCRIBED AND SWORN to before me, a notary public, this day of y, 2007,
by W.J. Nichols, Mayor of the Town of Fountain Hills, an Arizona municipal corporation, for
and on behalf of the corporation.
(j), 16+ -
Notary Public
My Commission Expires:
-
y,,,i OFFICIAL SEAL
SHAUNNA DAYLE WILLIAMS
c„ ,j c Notary Public•State of Arizona 4
\�%� MARICOPA COUNTY
�rrr0 My comm.expires June 14.2009
L
696617.7
8
EXHIBIT 1
TO
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
[Legal Description of the Property]
See following pages.
(Aiir
696617.8
((itov,
Wood,Patel&Associates,Inc April 25,2007
(480)834-3300 WP#052381.01
www.woodpatel.com Page 1
EXHIBIT 1
PARCEL DESCRIPTION
Fountain Hills Resort
Lot 1 and Tract A
Lot 1 and Tract A of Fountain Hills Resort as shown on the final plat recorded in Book 597,page 42,
Maricopa County Records(M.C.R.),lying within Sections 20,21,28 and 29,Township 3 North,Range 6
East of the Gila and Salt River Meridian,Maricopa County,Arizona.
Containing 59.5852 acres,or 2,595,532 square feet of land,more or less.
Subject to existing rights-of-way and easements.
(Le This parcel description was prepared without the benefit of survey fieldwork and is based on the Final
Plat of Fountain Hills Resort recorded in Book 597, page 42, M.C.R. and other client provided
information.Any monumentation noted in this parcel description is based on said Final Plat.
Yi\Parcel Descriptions\052381.01 Fountain Hilk Rcaort Lot.1 and Tract A.doc
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(120, EXHIBIT 2
TO
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
[New Lodging Area]
See following pages.
696617.8
r Latie
Wood,Patel&Associates,Inc. April 25,2007
(480)834-3300 WP#052381.01
www.woodpatel.com Page 1 of
EXHIIBIT 2
PARCEL DESCRIPTION
Fountain Hills Resort
Lot 2
That portion of Lot 1 of Fountain Hills Resort as shown on the final plat recorded in Book 597,page 42,
Maricopa County Records(M.C.R.),lying within Sections 20,21,28 and 29,Township 3 North,Range 6
East of the Gila and Salt River Meridian, Maricopa County, Arizona, more particularly described as
follows:
COMMENCING at the northerly most corner of said Lot 1
THENCE along the northeasterly line of said Lot 1, South 39°25'44"East,a distance of 236.54 feet,to
the POINT OF BEGINNING.
THENCE continuing,South 39°25'44"East,a distance of 803.46,feet to the northeast corner of said Lot
1;
THENCE leaving said northeasterly line, along the east line of said Lot 1, South 04°00'42" West, a
distance of 425.00,to the southeast corner of said Lot 1;
THENCE leaving said east line,along the southerly line of said Lot 1, South 71°19'44"West,a distance
of 687.06 feet;
THENCE leaving said southerly line,North 16°36'24"West,a distance of 253.13 feet;
THENCE North 73°33'17"East,a distance of 104.92 feet;
THENCE North 73°23'31"East,a distance of 44.33 feet;
THENCE North 74°03'03"Fast,a distance of 20.29 feet;
THENCE North 64°02'47"East,a distance of 30.29 feet;
THENCE North 49°38'22"East,a distance of 42.19 feet;
THENCE North 41°12'33"East,a distance,of 47.86 feet;
THENCE North 35°29'04"East,a distance of 37.33 feet;
THENCE North 34°46'40"East,a distance of 22.09 feet;
THENCE North 23°47'58"East,a distance of 7.86 feet;
THENCE North 12°56'10"East,a distance of 10.86 feet;
THENCE North 14°53'14"East,a distance of 14.70 feet;
THENCE North 15°45'33"East,a distance of 54.54 feet;
THENCE North 15°06'10"East,a distance of 73.62 feet;
THENCE North 15°17'09"East,a distance of 86.47 feet;
THENCE North 14°56'35"East,a distance of 36.15 feet;
THENCE NCE North 15°49'52"East,a distance of 48.18 feet;
THENCE North 15°42'58"West,a distance of 78.80 feet;
THENCE North 15°27'21"West,a distance of 65.26 feet;
THENCE North 24°24'24"West,a distance of 30.21 feet;
i'HENCE North 29°39'30"West,a distance of 41.96 feet;
\ L., Parcel Description April 25,2007
Fountain Hills Resort WP#052381.01
Lot 2 Page 2 of 2
THENCE North 38°59'25"West,a distance of 48.28 feet;
THENCE North 46°52'00"West,a distance of 27.42 feet;.
THENCE North 54°40'55"West,a distance of 84.82 feet;
'1'HH;NCE North 52°33'13"West,a distance of 132.34 feet;
THENCE North 22°29'11"East,a distance of 23.20 feet;
THENCE North 52°22'57"East,a distance of 194.44 feet,to the POINT OF BEGINNING.
Containing 9.9121 acres,or 431,771 square feet of land,more or less.
Subject to existing rights-of-way and easements.
This parcel description was prepared without the benefit of survey fieldwork and is based on the Final
Plat of Fountain Hills Resort recorded in Book 597, page 42, M.C.R. and other client provided
information.Any monumentation noted in this parcel description is based on said Final Plat.
Y;1Pureel Descriptions1052381:01 Fountain Hills Resort Lot 2doc
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EXHIBIT 3
TO
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
[Traffic Signal Location]
See following pages.
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EXHIBIT 3 - CONCEPT TRAFFIC SIGNALS WOOD/PATEL
(NORTH ENTRANCE) ASSOCIATES INC.
Civil Engineers. Hydrologists
DOWER BIIUCA SCALE wi and Land Surveyors
OUNTAIN HILLS CONFERENCE RESORT D. SAYRE n 04-25-07 1855 North Stapley Drive
AND SPA CADTECHNICI
'vt "NUMBER o5238t.o► Mega. Arizona 85203
O. SAYRE REF.sum. 1 OF 1 480 834-3300
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EXHIBIT 4
TO
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
[Landscaping Improvements]
See following pages.
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This exhibit is included for purposes of recording only. The full plan sets set forth below
and incorporated herein by reference are attached to the fully-executed duplicate original
of the First Amendment on file in the Office of the Fountain Hills Town Clerk.
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Fountain Hills Resort -~
Plans incorporated by reference:
Landscaping plans prepared by LVA Urban Design Studio, dated 4/6/07
Context plan
Site Plan
Resort Entry/Penthouse amenity
Main Pool
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(kw EXHIBIT H
TO
DEVELOPMENT AGREEMENT
[Amended Site Plan]
See following pages.
((61.„
696617.8
(impeThis exhibit is included for purposes of recording only. The full plan sets set forth below and
incorporated herein by reference are attached to the fully-executed duplicate original of the First
Amendment on file in the Office of the Fountain Hills Town Clerk.
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rvxcEPrUAL FOUNTAIN HILLS CONFERENCE RESORT&SiA SCAM -' 170 °• `
Plans incorporated by reference:
1. Architectural Plans prepared by Group West dated 4/6/07:
Perspective looking East from Shea
Perspective Looking Southwest from Palisades Blvd
Site Vicinity Diagram
Conceptual Site Plan
Plan 1st level through 8th level
Conceptual Hotel Elevations
Building Sections
2. Civil Improvement Plans prepared by Wood Patel and Dated 4/6/07
C1 Cover Page
C2 Aerial Location
T1 Topographic Exhibit
GD1-5 Conceptual Grading and Drainage plans
WS1-5 Conceptual Water and Sewer Plans
CF1-5 Conceptual Cut and Fill
EW1 Earthwork Cut and Fill Exhibit
HP1 Hillside Protective Easement Exhibit
OS1 Offsite Sidewalk Exhibit