The original text from the new offer
The Mayor, Council and staff of the Town hereby acknowledge the contribution and value of Franklin Phonetic Schools to the Prescott Valley community as a whole, as well as to the children, families and staff who are part of the Franklin family.
The Mayor, Council and staff support expansion of the Franklin Phonetic Schools on the new property located west of the current campus. Therefore,
- the Town will remove at its sole expense the water line that currently traverses along the boundary line between lots 455 and 456 and lots 464 and 465 in Prescott East Unit Two (APNs 103-08-017A and 103-08-012B);
- the Town will remit to Franklin any Building Fees and Development Impact Fees paid by Franklin for the expansion proposed in its May 16, 2018 site plan (or any revised plan) within 45 days of payment pursuant to ARS §§9-500.05 and 9-500.11. Building Fees include any Building Permit Fee, Plan Review Fee, Mechanical/Electrical/Plumbing Fees, and Zoning Fee. Development Impact Fees include any Circulation System Fee, Public Safety Fee, and Recreation, Parks & Open Space Fee; and
- the Town will expedite processing of construction permit applications once received, in accordance with applicable Town Code requirements.
* The Mayor, Council and staff are committed to fair administration of the Parkway Community Facilities District No. 1 according to the September 28, 2006 intergovernmental agreement with the district. Therefore,
- per Town Code §13-24-030(F) the Franklin Phonetic Schools may count 103 PCFD No. 1 parking spaces for their combined off-street parking requirement for the current and new campus;
- per Town Code §13-24-030(F) Franklin will pay $750 per month to PCFD No. 1 until July 1, 2031. Thereafter, the amount will be reduced to $100 per month. In the event additional property in PCFD No 1 is purchased by Franklin for purposes that make it tax-exempt, the payment will increase by the amount being paid at the time to PCFD No 1 for that property. At the same time, the number of PCFD No. 1 parking spaces which may be counted for the off-street parking requirement will increase at the rate of one space per 1,810 additional sq. ft. (rounded up); and
- the parties will stipulate to vacatur of the Superior Court judgement and dismissal with prejudice of the Complaint and Counterclaim in Case No. P1300CV20180849.
We ask that a formal response to this proposal be provided through counsel no later than Monday, February 4, 2019 at 5:00 p.m. No filing of any petition for special action to the Court Appeals will occur while this proposal is under consideration.
