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Home My WebLink About2012 02.07 City Council Regular Agenda PLEASE FILL OUT A"RL JEST TO SPEAK"FORM IF YOU WISH TO ADD �S THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM.4 11 (OK = City of_ ___ pache Junction (U Z Homorf the Supers/limnr�lollr/tcr!/Is 4R110N* APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA February 7, 2012 7:00 PM A CALL TO ORDER. B INVOCATION AND PLEDGE OF ALLEGIANCE. c ROLL CALL. U. CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda. 2 Approval of Minutes of Regular Meeting of January 17,2012 3. Consideration of a lease agreement with Motorola, Inc.for replacement of hand held radios for the Apache Junction Police Department in an amount not to exceed $77,709.70. — Staff respectfully requests Council approval to enter into a financial lease agreement with Motorola, Inc for the purchasing of hand held radios in the Apache Junction Police Department's Communications Center This agreement will be retroactive back to the council approval on December 6, 2011 to enter into a lease for the replacement of existing hand held radios E AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations, proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time. None. f_ ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries 4 MANAGER'S REPORT. 5 PRESENTATION AND DISCUSSION ON WATER EMERGENCY PREPAREDNESS IN APACHE JUNCTION. Frank Blanco,Apache Junction Water District Director, and Ted Millspaugh, Vice President of Operations of the Arizona Water Company,will provide a prese. Jn and lead discussion on water emergency prep.. ...dness. H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak. All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5) minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council 6. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE 2349 LOCATED AT 2455 N APACHE TRAIL. An application for an extension of premises has been submitted for Elks Lodge#2349 for Lost Dutchman Days on February 24, 2012 at 2455 N.Apache Trail The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control 7 APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR LOST DUTCH'''''N MARKET LOCATED AT 970 N. DELAWARE DRIVE#1. The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control 8. PROPOSED RESOLUTION NO. 11-12, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF SIESTA STREET BETWEEN HILTON ROAD AND GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF- WAY. Staff respectfully requests city council's approval on Resolution No 11-12 which would alleviate the encroachment issues along the portion of Siesta Street between Hilton Road and Goldfield Road In order for the city to remedy these issues staff has initiated a vacation of that roadway easement Three of the four parcels on Siesta Street between Hilton Road and Goldfield Road are encroaching and obstructing Siesta Street. In addition,the portion of Siesta Street from Hilton Road to Goldfield Road has never been opened as a public road. Resolution No 11-12 vacates that portion of Siesta Street which is city owned,and Resolution No 11-13 extinguishes the remaining portions which are easements for roadway purposes 9. PROPOSED RESOLUTION NO. 11-13, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM HILTON ROAD TO GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. Staff respectfully requests city council's approval on Resolution No 11-13 which would alleviate the encroachment issues along the portion of Siesta Street between Hilton Road and Goldfield Road In order for the city to remedy these issues staff has initiated a vacation of that roadway easement Three of the four parcels on Siesta Street between Hilton Road and Goldfield Road are encroaching and obstructing Siesta Street In addition,the portion of Siesta Street from Hilton Road to Goldfield Road has never been opened as a public road Resolution No. 11-12 vacates that portion of Siesta Street which is city owned,and Resolution No. 11-13 extinguishes the remaining portions which are easements for roadway purposes 10. PROPOSED RESOLUTION NO. 12-02, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON FIRST AVENUE AND SECOND AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD, ANf WAGONWHEEL ROAD FROM FIRST AVENUE TO SECOND AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. Staff respectfully requests city council's approval on Resolution No 12-02 which is an extinguishment of roadway easements on First Avenue and Second Avenue from Wagonwheel Road to Goldfield Road,and Wagonwheel Road from First Avenue to Second Avenue which have been requested by the adjacent property owners, who desire the use of these areas for setbacks Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed. I. OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. None. NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. None. K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and C. ,ouncil to direct staff on specifically listed matters 11. DIRECTION TO STAFF ON THE METRO PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST. Staff respectfully requests council direction on how to proceed with the Metro Phoenix Municipal Employee Benefit Trust,an option in obtaining more cost effective health care benefits for its employees Council heard an overview on the methodology and processes on this pool at the February 6,2012,Work Session. I— SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 12. EXECUTIVE SESSION AT 5.45 P.M. AND WORK SESSION AT 7:00 P.M. FOR MONDAY, FEBRUARY 20, 2012 IS CANCELLED TO OBSERVE PRESIDENT'S DAY HOLIDAY. 13 EXECUTIVE SESSION AT 5:45 P.M. AND WORK SESSION AT 7.00 P.M. FOR TUESDAY, FEBRUARY 21, 2012. OTHER MEETINGS IF NECESSARY M CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests, communications,comments or suggestions relating to City business that are not listed on the agenda. All speakers must have already submitted a written "Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another,but may, at the conclusion 1) respond to criticism by a speaker,2)ask the City Manager to review a matter;3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3) minute time limit per speaker N. ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office. 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays, 7 00a—6 O0p,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time _ 01.. CITY COUNCIL REGULAR MEETING JANUARY 17, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 17, 2012, at the Apache Junction City Council Chambers pursuant to the notice A., required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present - Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson .. Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Economic Development Director Steve Filipowicz Others Present : None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 2012 PAGE 1 OF 7 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF APACHE JUNCTION AND ATWELL, LLC, DAVID EVANS & ASSOCIATES, INC. , ENTELLUS, INC. , HDR ENGINEERING, INC. , AND T. Y. LIN INTERNATIONAL FOR PUBLIC WORKS ON-CALL SERVICES FOR GENERAL CIVIL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $300, 000 ANNUALLY; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF APACHE JUNCTION AND ARCHAEOLOGICAL CONSULTING SERVICES, LTD. , AZTEC ENGINEERING GROUP, INC. , LOGAN SIMPSON DESIGN INC. , TIERRA ENVIRONMENTAL CONSULTANTS, LLC, AND WESTERN TECHNOLOGIES INC . FOR PUBLIC WORKS ON-CALL SERVICES FOR ENVIRONMENTAL & ARCHAEOLOGICAL SERVICES IN AN AMOUNT NOT TO EXCEED $100, 000 ANNUALLY; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF APACHE JUNCTION AND BOSAK ARCHITECTURAL COMPANIES, LLC, DEUTSCH ARCHITECTURE GROUP, DICK & FRITSCHE DESIGN GROUP, GENSLER, AND SAEMISCH DE BELLA ARCHITECTS, INC. FOR PUBLIC WORKS ON-CALL SERVICES FOR ARCHITECTURE, PLANNING AND LANDSCAPE DESIGN SERVICES IN AN AMOUNT NOT TO EXCEED $100, 000 ANNUALLY; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF APACHE JUNCTION AND AMEC ENVIRONMENT & INFRASTRUCTURE, INC. , AZTEC ENGINEERING, DAVID EVANS AND ASSOCIATES, INC. , ENTELLUS, INC. , AND WOOD/PATEL & ASSOCIATES, INC. , FOR PUBLIC WORKS ON-CALL SERVICES FOR SURVEY/RIGHT OF WAY ACQUISITION SERVICES IN AN AMOUNT NOT TO EXCEED $100, 000 ANNUALLY; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 2012 PAGE 2 OF 7 Ask THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF APACHE JUNCTION AND ACS SERVICES, LLC, AMEC ENVIRONMENT & INFRASTRUCTURE, INC. , NINYO & MOORE, SPEEDIE AND ASSOCIATES, INC. , AND WESTERN TECHNOLOGIES INC. FOR PUBLIC WORKS ON-CALL SERVICES FOR GEOTECHNICAL SERVICES IN AN AMOUNT NOT TO EXCEED $100, 000 ANNUALLY; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE AMENDMENT TO CONTRACT NO. R016- 10-01 BETWEEN THE CITY OF APACHE JUNCTION AND THE GOVERNOR' S OFFICE OF ENERGY POLICY TO ADD AN ADDITIONAL FIVE MONTHS TO THE AGREEMENT TO ALLOW EXISTING EECBG GRANT MONIES TO BE SPENT; AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AMENDMENT, AND THAT RESOLUTION NO. 12-01, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN PINAL COUNTY AND THE CITY OF APACHE JUNCTION CONCERNING SHARED COSTS FOR THE RECONSTRUCTION AND RE-DESIGN OF IRONWOOD DRIVE WITHIN THE CITY LIMITS OF APACHE JUNCTION, BE APPROVED Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . (with the exception of Item No 3 upon which Councilmember Serdy voted no. ) The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mr. Paul Pecora, past chair of the Apache Junction Chamber of Commerce, and Mr. Larry Johnson, president and chief executive officer, gave an update focusing on their 2011 accomplishments . They showed two videos, one on the general Apache Junction area and the other on Silly Mountain ANNOUNCEMENT OF CURRENT EVENTS REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 2012 PAGE 3 OF 7 Councilmember Serdy commented we have less than a month before the Arizona Centennial . The schools are doing an event, there will be a big Harley ride and the city' s two events . Councilmember Barker commented Theodore Roosevelt will be coming February 24-26 for a variety of appearances . This is a professional re-enactor that is known nationally. Another Arizona re-enactor will be doing Governor Hunt . Councilmember Wilson commented a new business in the community will have its grand opening on January 18 . They have been advertising in publications seen across the state. He has heard from horse people in other areas of the state that they will be attending. Councilmember Barker commented they do not just cater to horses, they also carry dog stuff Councilmember Coleman commented he has formed an exploratory committee to consider running for the state house of representatives . This could possibly be his last council meeting as he will make a decision by February 1 . He thanked the mayor and council for appointing him to the position and letting him serve, and staff for all their assistance . If he decides to run, he will have to resign his council position. Mayor Insalaco commented they would hate to see him leave but he would put Apache Junction in a great position if they finally had someone representing them. CITY MANAGER' S REPORT City Manager George Hoffman thanked Councilmember Coleman for his service to this organization and community. He commented on Senator Gail Griffin introducing legislation to repeal the $7 million assessment imposed on cities and towns by the Arizona Department of Water Resources and read a note regarding the performance of the Apache Junction police explorers in the 14th Annual Police Explorers Competition. PUBLIC HEARINGS None. REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 2012 PAGE 4 OF 7 .••. OLD BUSINESS None NEW BUSINESS None . oak COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M AND A WORK SESSION AT 7 : 00 P.M BE HELD ON MONDAY, FEBRUARY 6, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5 : 45 BE HELD ON TUESDAY, FEBRUARY 7, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE• Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Myrna Kuki, 1770 N. Valley Drive #48, Apache Junction, addressed the council regarding the unsanitary conditions in Acacia Villa Mobile Home Park. Ms . Donna Marquardt, 1770 N. Valley Drive #59, Apache Junction, addressed the council to read a letter regarding the unsanitary conditions of Acacia Villa Mobile Home Park and the improper painting of the pool . Ms . Tera Leigh, 852 E. Osage Avenue, Apache Junction, addressed the council to invite everyone to the United Way Read to Children Day on January 26 and January 27 . She provided copies REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 2012 PAGE 5 OF 7 of the Pinal-Gila Community Child Services Community Assessment and their annual report . Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council to thank Councilmember Coleman for his years of service, commented on ideas for the Federal Medical Reserve Corps that he is the coordinator for and the below par lodging in the city. Vice Mayor Dietz asked staff to contact the two women from Acacia Villa and look into the problems . There are serious allegations that need to be taken care of. Mayor Insalaco commented they have businesses with sewer problems and here we have residential with sewer problems . This needs to be taken care of. Vice Mayor Dietz commented he cannot see why a sewer cannot be pumped out on a regular basis . Councilmember Coleman commented he believes the sewer ends right there. City Attorney Joel Stern stated they are getting off the agenda and cannot really talk about this right now. Staff has been directed to look into it and will do so. It could fall into a different jurisdiction. Staff will report back to them. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 53 p.m. Consent Agenda Items are as follows : p 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of January 3, 2012 . 3 . Consideration of agreements with consultants for public works on-call services . 4 . Consideration of allowing the mayor to sign the Amendment to the existing agreement between the City of Apache Junction REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 2012 PAGE 6 OF 7 PIN and the Governor' s Office of Energy (formerly the Department of Commerce, Contract number R016-10-01) . 5. Consideration of Resolution No. 12-01, authorizing the City of Apache Junction to enter into a First Amendment to Intergovernmental Agreement between Pinal County and the City of Apache Junction concerning shared costs for the reconstruction and re-design of Ironwood Drive within the city limits of Apache Junction. ACCEPTED THIS 7TH DAY OF FEBRUARY, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF FEBRUARY, 2012 . JOHN S INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and eIN correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 17th day of January, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 19th day of January, 2012 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 17, 2012 PAGE 7 OF 7 Pp ACH�� Z City of Apache Junction 1-Nome of/be Si/pea/awn Mountains 4Pizoto' Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: February 7, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration of a lease agreement with Motorola, Inc for replacement of hand held radios for the Apache Junction Police Department in an amount not to exceed $77,709.70. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests Council approval to enter into a financial lease agreement with Motorola, Inc for the purchasing of hand held radios in the Apache Junction Police Department's Communications Center This agreement will be retroactive back to the council approval on December 6, 2011 to enter into a lease for the replacement of existing hand held radios FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download ❑ Equipment Lease-Purchase Agreement MOTOROLA December 27, 2011 Donna Memerts CITY OF APACHE JUNCTION 300 East Superstition Blvd Apache Junction AZ 85119 Dear Ms. Meinerts: Enclosed for your review,please find the Municipal Lease documentation in connection with the radio equipment to be leased from Motorola The interest rate and payment streams outlined in Equipment Lease-Purchase Agreement#23261 are valid for contracts that are executed and returned to Motorola on or before December 30, 2011 After December 30,2011 the Lessor reserves the option to re-quote and re-price the transaction based on current market interest rates Please have the documents executed where indicated and forward the documents to the following address: Motorola Solutions,Inc Attn Bill Stancik/5th Floor 1301 East Algonquin Road Schaumburg,IL 60196 Should you have any questions,please contact me at 847-538-4531 r Thank You, Motorola Solutions Credit Company LLC Bill Stancik LESSEE FACT SHEET Please help Motorola Solutions,Inc provide excellent billing service by providing the following information: 1 Complete Billing Address CITY OF APACHE JUNCTION Attention. Phone 2 Lessee County Location. 3. Federal Tax I D Number 4 Purchase Order Number to be referenced on invoice(if necessary)or other"descriptions"that may assist in determining the applicable cost center or department 5 Equipment description that you would like to appear on your invoicing. .•. Appropriate Contact for Documentation/System Acceptance Follow-up. 6. Appropriate Contact& Mailing Address Phone Fax 7 Payment remit to address: Motorola Credit Corp. P 0 Box 71132 Chicago IL 60694-1132 Thank you a EQUIPMENT LEASE-PURCHASE AGREEMENT Lease Number: 23261 LESSEE: LESSOR: CITY OF APACHE JUNCTION Motorola Solutions,Inc. 300 East Superstition Blvd. 1301 E. Algonquin Rd Apache Junction AZ 85119 Schaumburg, IL 60196 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor,the Equipment described in any Schedule A now or hereafter attached hereto ("Equipment") in accordance with the following terms and conditions of this Equipment Lease-Purchase Agreement ("Lease"). 1 TERM. This Lease will become effective upon the execution hereof by Lessor The Term of this Lease will commence on date specified in Schedule A and unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in Schedule B attached hereto ("Lease Term") 2 RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called), including the interest portion, in the amounts specified in Schedule B The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B Any payments received later than ten (10)days from the due date will bear interest at the highest lawful rate from the due date Except as specifically provided in Section 5 hereof,the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do all things lawfully within its power to obtain, maintain and properly request and pursue funds from which the Lease Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved It is Lessee's intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper,efficient and economic operation 3 DELIVERY AND ACCEPTANCE Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A ("Equipment Location"). Lessee will accept the Equipment as soon as it has been .•. delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate, if Lessor believes the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor in writing (within five (5) days of Lessee's receipt of Lessor's request) whether or not Lessee deems the Equipment (i)to have been delivered and (u) to be operational,and hence be accepted by Lessee If Lessee fails to so respond in such five(5) day period, Lessee will be deemed to have accepted the Equipment and be deemed to have acknowledged that the Equipment was delivered and is operational as if Lessee had in fact executed and delivered to Lessor a Delivery and Acceptance Certificate. 4. REPRESENTATIONS AND WARRANTIES Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Motorola Solutions, Inc pursuant to contract (the "Contract") covering the Equipment Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell and assign Lessor's right, title and interest in and to this Agreement and the Equipment to an assignee ("Assignee") LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE "AS IS" AND "WITH ALL FAULTS" LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties) 5. NON-APPROPRIATION OF FUNDS.Notwithstanding anything contained in this Lease to the contrary, in the event the funds appropriated by Lessee's governing body or otherwise available by any means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available The Lessee will immediately notify the Lessor or its Assignee of such occurrence In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor or its Assignee on the date of such termination, packed for shipment in accordance with manufacturer specifications and freight prepaid and insured to any location in the continental United States designated by Lessor Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees, to the extent not prohibited by law, that it will not cancel this Lease under the provisions of this Section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment for the fiscal period in which such termination occurs or the next succeeding fiscal period thereafter 6 LESSEE CERTIFICATION Lessee represents, covenants and warrants that: (Q Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the Lease Payments shall be excludable from Lessor's gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the "Code"); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee, (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms, (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor, (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code, (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the interest portion of the Lease Payments to be or become includible in gross income for Federal income taxation purposes under the Code, and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term Lessee represents, covenants and warrants that (i) it will do or cause to be done all things necessary to ....., preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond Commission requirements (as defined in the Code) where necessary and by due notification presented this Lease for approval and adoption as a valid obligation on its part, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event, notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional amount determined by Lessor to compensate such owner or owners for the loss of such excludability (including, without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive (absent manifest error) Notwithstanding anything herein to the contrary, any additional amount payable by Lessee pursuant to this Section 6 shall be payable solely from Legally Available Funds It is Lessor's and Lessee's intention that this Agreement not constitute a "true" lease for federal income tax purposes and, therefore, it is Lessor's and Lessee's intention that Lessee be considered the owner of the Equipment for federal income tax purposes 7. TITLE TO EQUIPMENT;SECURITY INTEREST Upon shipment of the Equipment to Lessee hereunder, title to the Equipment will vest in Lessee, provided, however, that (i) in the event of termination of this Lease by Lessee pursuant to Section 5 hereof, (ii) upon the occurrence of an Event of Default hereunder, and as long as such Event of Default is continuing, or (iii) in the event that the purchase option has not been exercised prior to the Expiration Date, title will immediately vest in Lessor or its Assignee In order to secure all of its obligations hereunder, Lessee hereby (i) grants to Lessor a first and prior security interest in any and all right, title and interest of Lessee in the Equipment and in all additions, attachments, accessions, and substitutions thereto, and on any proceeds therefrom, (u) agrees that this Lease may be filed as a financing statement evidencing such security interest, and (iii) agrees to execute and deliver all financing statements, certificates of title and other instruments necessary or appropriate to evidence such security interest 8. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the possession, use or maintenance of the Equipment Lessee, at its expense will keep the Equipment in good repair and furnish all parts, mechanisms and devices required therefor. .r 9. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment 10. LOCATION; INSPECTION. The Equipment will not be removed from, [or if the Equipment consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor's prior written consent which will not be unreasonably withheld Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation 11. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances except those created under this Lease Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand 12. RISK OF LOSS• DAMAGE; DESTRUCTION. Lessee assumes all risk of loss or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at the option of Lessor will. either (a) replace the same with like equipment in good repair, or (b) on the next Lease Payment date, pay Lessor the sum of . (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule B In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss 13. INSURANCE. Lessee will, at its expense, maintain at all times during the Lease Term, fire and extended coverage, public liability and property damage insurance with respect to the Equipment in such amounts, covering such risks, and with such insurers as shall be satisfactory to Lessor, or, with Lessor's prior written consent, Lessee may self-insure against any or all such risks All insurance covering loss of or damage to the Equipment shall be carried in an amount no less than the amount of the then applicable Balance Payment with respect to such Equipment The initial amount of insurance required is set forth in Schedule B Each insurance policy will name Lessee as an insured and Lessor or it's Assigns as an additional insured, and will contain a clause requiring the insurer to give Lessor at least thirty (30) days prior written notice of any alteration in the terms of such policy or the cancellation thereof The proceeds of any such policies will be payable to Lessee and Lessor or it's Assigns as their interests may appear Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance In the event that Lessee has been permitted to self- insure, Lessee will furnish Lessor with a letter or certificate to such effect. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto 14. INDEMNIFICATION. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys'fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereon. 15. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or, (a) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part Any such assignees shall have all of the rights of Lessor under this Lease Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor No assignment or reassignment of any Lessor's right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee, provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time promulgated thereunder No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in any insurance policies obtained or in force Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor's Assignee hereunder 16 EVENT OF DEFAULT. The term "Event of Default", as used herein, means the occurrence of any one or more of the following events (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof, (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor, (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect, (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof, or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment 17 REMEDIES. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the Fiscal Year in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable, (ii) by written notice to Lessee, request Lessee to (and Lessee agrees that it will), at Lessee's expense, promptly return the Equipment to Lessor in the manner set forth in Section 5 hereof, or Lessor, at its option, may enter upon the premises where the Equipment is located and take immediate possession of and remove the same, (iii) sell or lease the Equipment or sublease it for the account of Lessee, holding Lessee liable for all Lease Payments and other amounts due prior to the effective date of such selling, leasing or subleasing and for the difference between the purchase price, rental and other amounts paid by the purchaser, Lessee or sublessee pursuant to such sale, lease or sublease and the amounts payable by Lessee hereunder; and (iv) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment In addition, Lessee will remain liable for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 18. PURCHASE OPTION. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the Lease Payment dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Balance Payment amount set forth opposite such date Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty,express or implied,except that the Equipment is free and clear of any liens created by Lessor 19. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to such mailing 20. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease 21. GOVERNING LAW This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location 22. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease 23. ENTIRE AGREEMENT;WAIVER. This Lease, together with the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith,constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of the Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the Lease The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof 24. EXECUTION IN COUNTERPARTS.This Lease may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument IN WITNESS WHEREOF,the parties have executed this Agreement as of the day of December,2011. LESSEE: LESSOR: CITY OF APACHE JUNCTION MOTOROLA SOLUTIONS, INC. - By: By Title Title. OPINION OF COUNSEL With respect to that certain Equipment Lease-Purchase Agreement # 23261 dated December , 2011 by and between Motorola Solutions, Inc and the Lessee, I am of the opinion that (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (Ill) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms, and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law Attorney for CITY OF APACHE JUNCTION SCHEDULE A EQUIPMENT LEASE-PURCHASE AGREEMENT Schedule A 23261 Lease Number: This Equipment Schedule dated as of December , 2011 is being executed by MOTOROLA SOLUTIONS, INC ("Lessor") and CITY OF APACHE JUNCTION (Lessee"), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lease-Purchase Agreement Number 23261 dated as of December , 2011 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease, and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment QUANTITY DESCRIPTION(Manufacturer,Model,and Serial Nos.) Refer to attached Equipment List Equipment Location: Initial Term: 60 Months Commencement Date: 1/1/2012 First Payment Due Date: 1/1/2013 5 Annual Payments of $15,541.94 as outlined in the attached Schedule B, plus Sales/Use Tax of$0 00, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth LESSEE. LESSOR. City of Apache Junction Motorola Solutions,Inc. By• By Title Title. City of Apache Junction (Schedule B) Compound Period Annual Nominal Annual Rate 3.43 % Effective Annual Rate 3 43 % Event Start Date Amount Number Period End Date 1 Loan 1/1/2012 $70,312 00 1 2 Payment 1/1/2013 $15,541 94 5 Annual 1/1/2017 AMORTIZATION SCHEDULE- Normal Amortization Loan 1/1/2012 $70,312.00 Payment# Due Date Payment Interest Principal Balance 1 1/1/2013 $15,541 94 $ 2,411.70 $13,130.24 $57,181 76 2 1/1/2014 $15,541.94 $ 1,961.33 $13,580 61 $43,601.15 3 1/1/2015 $15,541 94 $ 1,495.52 $14,046 42 $29,554 73 4 1/1/2016 $15,541.94 $ 1,013 73 $14,528.21 $15,026 52 5 1/1/2017 $15,541 94 $ 515.42 $15,026.52 $ - Grand Totals $77,709.70 $ 7,397.70 $70,312 00 Last interest amount increased by 0 01 due to rounding. INITIAL INSURANCE REQUIREMENT $70,312 00 Except as specifically provided in Section five of the Lease hereof,Lessee agrees to pay to Lessor or its assignee the Lease Payments,including the interest portion,in the amounts and dates specified in the above payment schedule LESSEE LESSOR CITY OF APACHE JUNCTION Motorola Solutions,Inc By By Title Title. Date Date. CERTIFICATE OF INCUMBENCY I, do hereby certify that I am the duly elected or (Signature of Secretary/Clerk) appointed and acting Secretary or Clerk of the CITY OF APACHE JUNCTION ,an entity duly organized and existing under the laws of the State of Arizona that I have custody of the records of such entity,and that,as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I further certify that(i)the signatures set opposite their respective names and titles are their true and authentic signatures and (u) such officers have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement number 23261 dated December , 2011 , and Schedule A number 23261 dated December ,2011, between CITY OF APACHE JUNCTION and Motorola Solutions, Inc Name Title Signature (Individual who signed Lease documents should be listed here and sign where applicable) IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of CITY OF APACHE JUNCTION , hereto this day of December,2011. By (Signature of Secretary/Clerk) SEAL EVIDENCE OF INSURANCE Fire,extended coverage,public liability and property damage insurance for all of the Equipment listed on Schedule A number 23261 dated December , 2011 to that certain Equipment Lease Purchase Agreement number 23261 dated December , 2011 will be maintained by the CITY OF APACHE JUNCTION as stated in the Equipment Lease Purchase Agreement This insurance shall name MOTOROLA SOLUTIONS,INC. or its assignee as additional insured and loss payee for the term of the Schedule A number 23261 dated December , 2011 This insurance is provided by Name of insurance provider Address of insurance provider City,State and Zip Code Phone number of insurance provider In accordance with the Equipment Lease Purchase Agreement Number 23261 ,CITY OF APACHE JUNCTION,hereby certifies that following coverage are or will be in full force and effect Type Amount Effective Expiration Policy Date Date Number Fire and Extended Coverage Property Damage Public Liability Lessee: CITY OF APACHE JUNCTION By Its. Date. December ,2011 Pik STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made,please address the following questions by completing this form or by sending a separate letter 1. What is the specific use of the equipment? 2. Why is the equipment essential to the operation of CITY OF APACHE JUNCTION? 3 Does the equipment replace existing equipment? If so, why is the replacement being made? 4 Is there a specific cost justification for the new equipment? If yes,please attach outline of justification. 5 What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years? Lessee: CITY OF APACHE JUNCTION By. Its' Date December , 2011 Bank Qualified LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE AS A QUALIFIED TAX-EXEMPT OBLIGATION IN ACCORDANCE WITH SECTION 265(b)(3)OF THE CODE,THAT IT HAS NOT DESIGNATED MORE THAN$10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT OBLIGATIONS IN ACCORDANCE WITH SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF TAX- EXEMPT OBLIGATIONS TO BE ISSUED BY LESSEE DURING THE CURRENT CALENDAR YEAR WILL NOT EXCEED $10,000,000 Lessee. CITY OF APACHE JUNCTION By: Title EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below("Equipment") and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement executed by Lessee and Lessor Equipment Lease Purchase Agreement Date December , 2011 Lease Schedule A Date December , 2011 Equipment Lease Purchase Agreement No 23261 Lease Schedule A No. : 23261 EQUIPMENT INFORMATION QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION Equipment referenced in lease Schedule A# 23261 dated December , 2011 See Schedule A for a detailed Equipment List. LESSEE CITY OF APACHE JUNCTION By Date /"N /'r LESSEE RESOLUTION At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease Agreement) held on December , 2011 the following resolution was introduced and adopted. BE IT RESOLVED by the Governing Board of Lessee as follows. 1 Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment or other personal property described in the Lease ScheduJ dated as of December , 2011, between CITY OF APACHE JUNCTION (Lessee) and Motoro Solutions, Inc (Lessor). 2 Approval and Authorization. The Governing body of Lessee has determined that the Lease Agreement, substantially in the form presented to this meeting, is in the best interests of the Lessee for the acquisition of such Equipment or other personal property, and the Governing Board hereby approves the entenng into of the Lease Agreement by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Lease Agreement on Lessee's behalf with such changes thereto as such person deems appropnate, and any related documents, including any escrow agreement, necessary to the consummation of the transactions contemplated by the Lease Agreement Authonzed Individual(s). Printed or typed name(s)and title(s)of Individual(s)authorized to execute the Lease Agreement. 3 Adoption of Resolution. The signatures below from the designated individuals for the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution Signature: Attested By: Name and Title : Name and Title: ... Form 8038-GC Information Return for Small Tax-Exempt Governmental Bond Issues, Leases, and Installment-Sales OMB No 1545-0720 (Rev May 1999) ►Under Internal Revenue Code section 149(e) Department of the Treasury Internal Revenue Service Caution: Use Form 8038-G if the issue pnce of the issue Is$100,000 or more Part I Reporting Authority Check box if Amended Return 0 ❑ 1 Issuer's name 2 Issuer's employer Identification City of Apache Junction 3 Number and street(or P 0 box if mail is not delivered to Street address) Room/suite .0166. 300 East Superstition Blvd 4 City,town,or post office,state,and ZIP code 5 Report Number Apache Junction AZ 85119 3-2011-23261 6 Name and title of officer or legal representative whom the IRS may call for more information 7 Telephone number of officer or legal representative Donna Meinerts ( l Part II Description of Obligations (Check if reporting a single issue ® or on a consolidated basis ❑ ) 8a Issue price of obligation(s)(see instructions) . . . . . 8a $70,312 00 b Issue date(single issue)or calendar year(consolidated)(see instructions) 0 71/1/2012 9 Amount of the reported obligation(s)on line 8a \\\ $70,312 a Used to refund prior issues(s) 9a b Representing a loan from the proceeds of another tax-exempt obligation(e g , bond bank) 9b 10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(III)(smaller issuer exception),check this box X❑ 11 If any obligation is in the form of a lease or installment sale,check this box ❑ 12 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,check this box • ❑ Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge Please and belief they are true correct and complete Sign Here Issuer's authorized representative Date Type or print name and title Instructions for 8038-GC: On 8038-GC forms,the below described lines need to be filled out by the Lessee Line No.2: Fill in the Lessee's EIN number (a.k a. "Federal Tax I.D. Number"). (An issuer that does not have an EIN should apply for one on Form SS-4, Application for Employer Identification Number This form may be obtained from most IRS and Social Secunty Administration offices File Form SS-4 according to the instructions on that form If the EIN has not been received by the date of filing the 8038-G,write"Applied for"in the space for the EIN). Line No.5: After the preprinted 5, enter two self-designated numbers Number reports consecutively during any calendar year(e g., 334, 335,etc.) This is your internal tracking of tax-exempt issues during the calendar year Line No.6: State the name and the title for the legal representative the IRS may call for more information The legal representative is the person who will be contacted if there are any questions with respect to the IRS form 8038- G and the transaction reported. Typically this person is employed by the issuer and is the same person who signs the IRS Form 8038-G Line No.7• State the telephone number of the person listed in line 9 ROLL CALL VOTE NOTES: 1 )7/ /5 ITEM # MEETING OF MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SMITHSON ✓ COUNCILMEMBER BARKER I I, VICE MAYOR - ER-c-er EM COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO ti UNANIM9US IN FAVOR OPPOSED ABSTAINED TOTAL •� i • CONSENT AGENDA ITEMS NO. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE LEASE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND MOTOROLA, INC FOR THE REPLACEMENT OF HANDHELD RADIOS FOR THE POLICE DEPARTMENT RETROACTIVE FROM DECEMBER 6, 2011 THROUGH JANUARY 1, 2017 IN AN AMOUNT NOT TO EXCEED $77,709.70, AND THAT AUTHORIZATION BE GIVEN TO THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. &CHFG z�o City of Apache Junction Home o/ the Supeisiitron l lour/alit. 4a120Nh Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: February 7, 2012 r+► Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION / BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS / ALTERNATIVES: RECOMMENDATION: f � ATTACHMENTS: Click to download No Attachments Available a PpACHF O 41, ' • C ily o f Apacl'e _Junction Q Home of the Superciiiion :ioii«tains 4Rfzo$* Print TO: City Manager's Office FROM: Frank Blanco, Water District Director DATE: February 7, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON WATER EMERGENCY PREPAREDNESS IN APACHE JUNCTION. ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: Frank Blanco, Apache Junction Water District Director, and Ted Millspaugh, Vice President of Operations of the Arizona Water Company,will provide a presentation and lead discussion on water emergency preparedness. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 0 1. For APPLICATION FOR A TEMPORARY EXTENSION PREMISES LIQUOR LICENSE FOR ELKS LODGE #2349 FOR FEBRUARY , 2012 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. PppCHt✓ Gyod City City of./1pache Junction U Z t loii,e ?Oho SUperc itiort Mountains 4aizoto" 'ter,Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 7, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE 2349 LOCATED AT 2455 N. APACHE TRAIL ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: An application for an extension of premises has been submitted for Elks Lodge#2349 for Lost Dutchman Days on February 24, 2012 at 2455 N Apache Trail The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES. RECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo D application ❑ applicant letter LI department memo ❑ planning recommendation D pd recommendation ❑ fire district recommendation JANUARY 17, 2012 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY. CITY CLERK *,C FROM. JAN MASON, DEPUTY CITY CLERK --�' SUBJECT AGENDA ITEM FOR FEBRUARY 7, 2012 APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE#2349 An application for an extension of premises has been submitted by Ms Cindy Person of Elks Lodge #2349 for Lost Dutchman Days on February 24, 2012 at 2455 N Apache Trail. Apache Junction Correspondence has been received from the planning division, police department and fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www azliquor.gov (602)542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR Q Permanent change of area of service—Give specific purpose of change Q Temporary change for dates)of 2/23/2012 Licensees Name HENDERSON RALPH SMITH Last First AkSdte 2 Mailing Address P.O. BOX 459 APACHE JUNCTION AZ 85117 -City State Zip 3 Business Name B P 0 Elks#2349 LICENSE#• 14110004 4 Business Address 2455 N.Apache Trail Apache Junction Pinal Az 85119 City COUNTY State Zip S Business Phone ( 480 ) 982-2349 Residence Phone ( 480 ) 250-9382 6 Do you understand Anzona Liquor Laws and Regulations? ®YES 0 NO FAX# ( 480 ) 982-6319 7 Have you received approved Liquor Law Training? [j NO D YES When'? 3/7/2011 8 What security precautions will be taken to prevent liquor violations in the extended area? A.J RANGERS 9 Does this extension bring your premises within 300 feet of a church or school? D YES © NO 10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD *After completing sections 1-9,take this application to your local Board of Supervisors,City Council or Designate for their recommendation This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate Authorized Signature] (Trtie) (Agency) I, 72-7171j /7r - a ,being first duly sworn upon oath, hereby depose, swear and declare (Print lull name) under ally of perjury that I am the APPLICANT making the foregoing application I have read this application and the contents and all s ments are tru .-correct afid +''•"a REINP,K LASASS ` "(Yrw?Y Fun M itZ�1((1Z County of 1 t'13✓ .iel RIBS)IN MY PRESENCE AND SVVORN TO before me this date (Signal Owner or Agen) Nty L1 .; .;ssF.n x{�res in;M st1.�C4 Jar._aty 25 n,1 A c4A4 c i�•— o�,r ntr Year My commission expires on e, h ci Z. �t C. TU4 . �` • (Signatur o Y PUBLIC) Investigation Recommendation Cj Approval ❑Disapproval by Date Director Signature required for Disapprovals Date uC 406 kfV201,0 "Disabled individuals requiring special accommodation,please call the Departmeot(402)S42-9027. Area Needed Lost Dutchman Blvd r En Ii EA' Z ;mans? • I 1 11 . Door _ - I i ) m t p _ Fueerded Areo Requested I Elks Lodge �c 1 OD 1 F t I 1 (474; E; 1 Fenced Patio I I I I ) Parking for Cars 1 Security Will be Posted Where Symbols Are RE Roped Off Area - - - _ _. OWN Pp ACHe Thy,Q dita ie,-1 t �r� U Home of the Superstition Mountains 4Rrzot January 4, 2012 Ralph Henderson Apache Junction Elks Lodge#2349 P 0 Box 459 Apache Junction, AZ 85117 Dear Mr Henderson Please be advised that your application for an Extension of Premises for Elks Lodge #2349 for Lost Dutchman Days to be held February 23, 2012, at the Elks Lodge, 2455 N Apache Trail (Highway 88). has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on February 7, 2012, at 7 00 p m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Your attendance is requested should council have any questions on this application If you p�have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, Kathleen Connelly City Clerk •Voice(480)982 S002 • 1 AX (480)982-7018• MD(4801983-0095 •www aictt‘ net 300 F Superbtitton Boulevard. Apache Junction AL 85219 INk 00.16+ JANUARY 4, 2012 MEMORANDUM TO' DEPARTMENT OF PUBLIC SAFETY ADMIN SGT PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH. KATHLEEN CONNELLY, CITY CLERK((„/ FROM JAN MASON. DEPUTY CITY CLERK SUBJECT APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 Mr Ralph Henderson has submitted an application for a temporary extension of premises for Lost Dutchman Days to be held on February 23, 2012, at the Elks Lodge. 2455 N Apache Trail (Highway 88), Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Wednesday, January 18, in order for this item to be placed on the agenda for the City Council meeting of February 7, 2012 Janet Mason From Rudy Esquivias Sent Monday,January 09, 2012 2 23 PM To. Janet Mason, Dave Montgomery(lave montgomery@ajfire org),Jeff Robinson Subject: RE special event liquor license for Elks Jan, The Planning Division has no concerns or objections to this request The zoning is proper for the use ant!we are not aware of any negative issues relative to previous similar a,ents cRit4 crAquivias Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (New Office Hours, The Development Seriices Department is open Monday througi Tt.arsda} from 7.00am to 6,00pm, closed Fridays and Holidays ) From: Janet Mason Sent: Monday,January 09, 2012 1:19 PM To: Dave Montgomery (dove montgomery,wajfire org); Jeff Robinson; Rudy Esquivias Subject: special event liquor license for Elks Attached is a special event liquor license for the Elks Please have your department response to me no later than Wednesday, 1/18/12. Thanks ON Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480 474 50b8 jmasonOaicrty.net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City s records retention schedule To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council Members of the. Council and other public bodies may reply to this message, but should not copy other members of the public body 1 �; Apache Junction Police Department y Interdepartmental Memo �"-li DATE 01/13/2012 eS TO Lt Robinson THROUGH FROM Sgt Durkin SUBJECT Elk's Lodge Liquor Extension Sir At your request I had a meeting with Elk's Lodge Manager Cindy Pierson, regarding their Lost Dutchman's Day event The liquor extension is 'on-property at their lodge located at 2455 N Apache Trail, Apache Junction This is within our city limits and jurisdiction It will be on Feb 24u' 2011 between the hours of 1100 to 2300 hours This Elk Lodge request is their 6t''year Lost Dutchman's Days event The event is both indoor and outdoor The event will be in their dining room and in their parking lot area The exterior event is 'BEER AND BRAUTS They will rope off the event area, and they have eS hired the AJ Mounted Rangers for security They will not allow glass containers outside Restrooms will be the interior and trash cans will be provided The area of the Elk's Lodge provides ample parking I was supplied the diagram of the event area which is attached I did not find any objections or challenges, to the set-up or execution of this event Area Needed to for Lost Dutchman Days Lost Dutchman Blvd Doi I Ent O'ICe ICE Door I . c5 Extendel A c'a P A ri-lsteci • "<- Elks Lodoe , e co 4 ' ,k Fenced Patio Horse Shoe Tourney 3 Bleachers urity Will be Posted Where Symbols Are Illf ed Off Area AM bk CFAI 'k`''^''' Apache Junction Fire District a,�„ = 565 North Idaho Road, Apache Junction, AZ 85119 !;0� ,,.,., , `,�! Phone (480) 982-4440, Fax (480) 982-0183 C '�f cist�� www.ajfire.org MEMORANDUM ,.....,, TO: Kathleen Connelly,City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 FROM John Suniga, Deputy Fire Marshal DATE January 10,2012 SUBJECT Application For Temporary Extension of Premises for Elks Lodge#2349 The Apache Junction Fire District has reviewed the submitted documentation for 2455 N Apache Trail as related to event to be held on February 23, 2012. We would recommend approval of this application based, as always,on good practices for the general safety of all patrons and employees. Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event Thank you for your notification on this matter. Jos ATTN: Application ROLL CALL VOTE NOTES: l/ n tsvil n0j/iy\();) 0/ I I) ITEM # MEETING OF I \ MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SMITHSON COUNCILMEMBER SERDY V COUNCILMEMBER BARKER COUNCILMEMBER WILSON f / Y yo D1 z MAYOR INSALACO UNANIMOUA IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 6 I MOVE THAT THE APPLICATION FOR A T PORARY EXTENSION OF PREMISES FOR ELKS LODGE#2349 FOR FEBRUARY, 4, 2012, SUBMITTED BY CINDY PIERSON, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For APPLICATION FOR A NEW LICENSE,LIMITED LIABILITY CO., SERIES 10 LIQUOR LICENSE FOR LOST DUTCHMAN MARKET 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. O� Pq AC H ✓Gy0 z City of Apac je Junction Home r f the .S iipei:cIitioii :\l oiiiilcl111.c 4rIZOrt* Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: February 7, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO , SERIES 10 LIQUOR LICENSE FOR LOST DUTCHMAN MARKET LOCATED AT 970 N DELAWARE DRIVE#1. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS/ ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D cover memo LI application part 1 U application part 2 0 application part 3 U application part 4 U notice t3 applicant letter V department memo U planning recommendation U pd recommendation U fire district recommendation JANUARY 19, 2012 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM. JAN MASON, DEPUTY CITY CLERK = $ SUBJECT AGENDA ITEM FOR FEBRUARY 7. 2012 APPLICATION FOR A LIQUOR LICENSE FOR LOST DUTCHMAN MARKET An application fora New License, Limited Liability Co., Series 10 Liquor License has been submitted by Mr Thomas Grubbs for Lost Dutchman Market located at 970 N Delaware Drive#1 in Apache Junction Correspondence has been received from the fire district, planning division and police department, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for n approval or denial to be forwarded to the State Department of Liquor Licenses and Control Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www azliquor gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice Effective Nov 1,1997,All Owners.Aoonts.Partners,Stockholders.Officers,or Hampers actrveiv involved in the day to(law operations of ON the business must attend a Department approved liquor law training course or provide proof of attendance within the list five years. See page S of the liquor Licensing requirements. SECTION 1 This application is for a. SECTION 2 Type of ownership C7 MORE THAN ONE LICENSE ❑INTERIM PERMIT Complete Section 5 ❑J T W R O S Complete Section 6 LEI NEW LICENSE Complete Sections 2,3,4, 13, 14, 15, 16 0 INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3,4, 11, 13, 15, 16 0 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 0 CLUB Complete Section 8 PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4, 9, 13, 16 (fee not required) 0 TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4, 10, 13, 15,16 0 OTHER(Explain) SECTION 3 Type of license and fees LICENSE#fs) /p// 1 Type of Licenses) Series 10 Department use 4riy 2 Total fees attached LS_________ .-_-- _ APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE) ARE NOT REFUNDABLE The foes alloitycl under A.R.S,44-6852 will be charged for all dishonored checks. SECTION 4 Applicant pi nt} t�tr Grubbs II Thomas 1 \L''r E; -4t.tL 1 OWnerfAgent's Name his ttnstt one name ONLY to appear on license) Last Fifst A1xii�te 2 Corp/Partnership/L L C Lost Dutchman Trading Post LLC C1 1t>tk.44) (Exactly as it appears on Articles of Inc or M cles of Org 3 Business Name Lost Dutchman ye „ 5i%;tExacty as it appears on the e4eiior of p ernises) ^ 4 Principal Street Location 9/0 N Delaware Dr#1 Apache Junction Pinat 85120 (Do not use PC)Box Number) City County Zip 5 Business Phone 4801932 5ti93 Daytime Contact 480/241 1747 6 is the business located within the incorporated limits of the above city or town? AYES ONO 7 Mailing Address 2603 E.Vaughn Ave,Gilbert AZ 85234 City State Zip 8 Price paid for license only bar beer and wine or liquor store Type 10 $ Type S DEPARTMENT USE ONLY Fees /66 0 Application Interim Permit Agent Change Club Finger Punts$ /6) 'dU TOTAL OF ALL FEES Is Anzona Statement of Citizenship&Alien Status For Stale Benefits complete? OYES ❑ NO Accepted by Ill r(_ Date l/4/26.11 tic # /en.32Z/ Joy:010 'Disabled Individuals requiring special accommodation,please call(602)542-9027 " ,^ - - SECTION 5 Interim Permit: 1 If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A R S 4-203 01 2 There MUST be a valid license of the same type you are applying for currently issued to the location 3 Enter the license number currently at the location 4 Is the license currently in use?0 YES 0 NO If no,how tong has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION I declare that I am the CURRENT OWNER,AGENT, CLUB MEMBER PARTNER eN (Pent full name) MEMBER STOCKHOLDER OR LICENSEE tcircie the title wnich applies)of the stated license and location State of County of X The foregoing instrument was acknowledged before me this {Signature) My commission expires on _ day of Day Month Year ;Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners EACH PERSON USTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UCiA01),AN-APPLICANT"TYPE FINGERPRINT CARD AND S24 PROCESSING FEE FOR EACH CARD 1 individual Las; F4st Mddie %Owned Mailing Ai ,„_., .__ Partnership Name (Only the first partner listed will appear on license) ij ii*rat-Urnilc'3 L.i:i Firs? Modie 'k L?txk tl Ma I nu Address Cr'Y St lie Z,D -DO ❑ ❑ r ❑ ❑ ❑ ❑ , _. _ tATTACH ADDITIONAL SHEETi IF NECESSARY) _ _._._...- _ 2 is any person other than the above going to share in the profitsrlcsses of the business? 0 YES 0 NO If Yes,give name current address and telephone number of the person(s) Use additional sheets if necessary Last First Middle Maibnd Address Cit State Zi _} _- Telephenis I I 1 ON eN SECTION 7 Corporation/Limited Liability Co EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC01011,AN-APPLICANT'TYPE FINGERPRINT CARD,AND S24 PROCESSING FEE FOR EACH CARD. 0 CORPORA PION Complete questions 1,2,3,5, 8, 7,and 8 ® LLC Complete 1,2,4, 5, 8, 7,and 8 1 Name of Corporation&L C Lost Dutchman Trading Post LLC (Exactly as it appears on Artidee.of incorporation or ArliUles of Organization) 2 Date Incorporated/Organized f--=------ !J State where Incorporated/Organized Arizona 3 AZ Corporation Commission File No I_ .:r ,-1.- +! ' '.r"-4 )ate authorized to do business in AZ .1-.:tl; li ,, 4 AZ L.L.0 File No '- 1 �- / cc- 1 t Date authorized to do business in AZ 1`�I I. I, I ; 5 is Corp/L LC Non-profit?0 YES NINO 6 List all directors,officers and members in Corporation/L.L C Last First tA.;1die Title Masi duress • Slate Zit) Grubbs Ii,Thomas E.i j.�i-•4-. laillfrMbr 2603 E.Va+ufihn Ave,Gilbert AZ 85234 Juliet L Bussing Zitatig Mbc 2603 E Vaughn Ave Gilbert AZ 85134 ri (ATTACH ADDITIONAL SHEET IF NECESSARY) 7 List stockholders who are controlling persons or who own 10%or more Last First Middle %Owned Madirig Address Criy State Zip . ._-_ Grubbs II,ThomasE;_k :ix Juliet L BussingSO5 2603 E Vaughn Ave,Gilbert AZ 85234 0 2603 E Vaughn Ave,Gilbert AZ 85234 1, J (ATTACH ADDITIONAL SHEET IF NECESSARY) 8 If the corporation/1.L C is owned by another entity, attach a percentage of ownership chart,and a director/officer/member eiN disclosure for the parent entity Attach additional sheets as needed in order to disclose personal tdentd es of all owners SECTION 8 Club Applicants' EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNA4R£(FORM LIC0101) AN-APPLICANT-TYPE FINGERPRINT CARD,AND$24 PROCESSING;FEE FOR EACH CARD 1 Name of Club Date Chartered (Exactly as it appears on CLe Charter or Bylaws) (Attach a copy of Club Cuiai lei or C3yiaws) 2 Is club non-profit? 0 YES 0 NO 3 List officer and directors Laic First Middle Title ....,,a....:-.A�<ai,l:�dir. Audi ess CA,: State Zi 1 I (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store License 1 Current Licensee's Name (Escacrity as it appears on ,car Last First Lidale 2 Assignees Name Last -Frost 3 License Type License Number Date of Last Renewal 4 ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL PROBATE DISTRIBUTION INSTRUMENT OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION . . SECTION 10 Government' (for cities,towns,or counties only) 1 Governmental Entity 2 Person/designee Last First Middle Contact Phone Number A PARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED, SECTION 11 Person to Person Transfer Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 06,07,and 09). 1 Current Licensees Name Entity ;Exady as it appears on license) Last First kitiodle (Irian, Agent eIL.) 2 Corporation/L L C Name ,Exady as it appears on k^a•nse) 3 Current Business Name (Exactly as fl appears on iiirise) 4 Physical Street Location of Business Street City State,Zip 5 License Type License Number 6 If more than one license to be transtered License Type License Number 7 Current Mailing Address Street (Other than business) City,State,Zip "IN 8 Have all creditors lien holders interest holders etc been notified of this transfer? 0 YES 0 NO 9 Does the applicant intend to operate the business while this application is pending? 0 YES 0 NO if yes,complete Section 5 of this application attach fee and current license to this application 10 I hereby authorize the department to process this application to transfer the (pnnt full name) privilege of the license to the applicant,provided that all terms and conditions of sale are met Based on the fulfillment of these conditions I certify that the applicant now owns or will own the property rights of the license by the date of issue. declare that I am the CURRENT OWNER, AGENT MEMBER PARTNER (print tuft namel STOCKHOLDER or LICENSEE of the stated license. I have read the above Section 11 and confirm that all statements are true. correct,and complete State of County of (Signature of CURRENT LICENSEE.) The foregoing instrument was acknowledged before me this Co' Month Year My commission expires on iSignature of NOTARY PUBLIC) 4 • /I SECTION 12 Location to Location Transfer(Bars and Liquor Stores ONLY) APPUCANTs CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1 Current Business Name _ (Exactly as it appears on license) Address 2 New Business Name (Physical Street Location) Address 3 License Type License Number OIS 4 If more than one license to be transferred License Type License Number 5 What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants excluding those aogIvina for government, hotel/motel,and restaurant licenses(series 5, 11,and 12). A.R.S §4-207(A)and(B)state that no retailers license shag be issued for any premise$which are at the time the license application is received by the director within three hundred(300)horizontal feet of a church within three hundred(300i horizontal feet of a public or private school building with kindergarten programs or grades one(1)through(12)or within three hund,ed(300i honzonal feet of a fenced recreational area ad acer:t to such school buiioin The above paragraph DOES NOT apply to a)Restaurant license(§4-205 02) c)Government bcense(§4-205 03) b)Hotel/motel license(§4-205 01) d)Fenced playing area of a golf course•§4-207(B)E i) Distance to nearest school �f' ft Name of school i i '7)12A)I le)�,'j` �'��` , i 1,7 Apidress � _J.' ,•j AfA,,1 i 4s lta \/< City, State,Zip 2 Distance to nearest church ) 55\41 ft Name of church ft PAC 14,4Z t n..^"t'i')A.V;t'4'r 414-S/:! )i Address /; i t ` ;C ��/ _L f:j2 { � SI `'7) City, State, Zip / " 3 I am the II Lessee ❑ Sublessee ❑ Owner ❑ Purchaser(of premises) 4 it the premises is leased give lessors Name ...fe..0 C L Address 1("\'^, t'r�(=1a�-�,_ r v c `y f i // City State Zip 4a Monthly rental/lease rate$ 1000 What is the remaining length of the lease S yrs a mos 4b 'What is the penalty if the lease is not fulfilled'? $ or other `.ri�is i:,c i c L. r;< ; �, `. (give details-attach additional sheet if necessary) 5 What is the total business indebtedness for this license/location excluding the tease?$264 Please list lenders you owe money to Last First Middle Amoten Owed Mailing Address City State Zip Btssstng—Mat,enc Ann 4403 0— 3+644444 Mfgs SatircetLC 168;003 t}:=r' T �':-7"�:'• ?— T�I+E"F� -11 5 . 1`�Y" (.ATTACH ADDITIONAL SHFFT IF NFOFSSARY) 5 What type of business will this license be used for(be specific)?Convenience store SECTION 13 - continued 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'= 0 YES ® NO If yes, attach explanation 8 Does any spirituous liquor manufacturer wholesaler or employee have any interest in your business? 0 YES ® NO 9 Is the premises currently licensed with a liquor license? 0 YES NO If yes give license number and licensee s name License# (exactly as it appears on license) Name SECTION 14 Restaurant or hotel/motel license applicants. 1 is there an existing restaurant or hotel/motel liquor license at the proposed location? ❑ YES ❑ NO If yes give the name of licensee Agent or a company name and license# Last First Middle 2 If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending,consult A.R S §4-203 01 and complete SECTION 5 of this application 3 All restaurant and hotel/motel applicants must complete a Restaurant Operation Plan (Form LIC0114)proviaed by the Department of Liquor Licenses and Control 4 As stated in A.R S §4-205 02 G 2 a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food Gross revenue is the revenue derived from all sales of food and spirituous liquor on the licensed premises By applying for this 0 hotel/motel ❑ restaurant license I certify that I understand that I must maintain a - minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel/Motel Records Required for Audit(form LlC 1013)with this application applicant's signature As stated in A R S§4-205 02 (B) I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment and if applicable, patio barriers are in place on the licensed premises With the exception of the patio barriers, these items are not required to be properly installed for this inspection Failure to schedule an inspection will delay issuance of the license. if you are not ready for:your inspection 90 days after filing your application please request an extension in writing, specify why the extension is necessary and the new inspection date you are requesting To schedule your site inspection visit www azliquor gov and click on the "Information'tab applicants initials SECTION 15 Diagram of Premises. (Blueprints not accepted,diagram must be on this form) 1 Check ALL boxes that apply to your business El Entrances/Exits Liquor storage areas Patio 0 Contiguous 0 Service windows 0 Drive-in windows 0 Non Contiguous 2 is your licensed premises currently closed due to construction, renovation or redesign? 0 YES ®NO If yes,what is your estimated opening date? month/day/year 3 Restaurants and hoteUmotel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture Diagram paper is provided on page 7 4 The diagram is detailed floor plan)you provide is required to disclose only the area(s)where spiritous liquor is to be sold, served.consumed dispensed possessed. or stored on the premises unless it is a restaurant(see#3 above) 5 Provide the square footage or outside dimensions of the licensed premises Please do not include non-licensed premises, such as parking lots lh.ing quarters etc As stated in A.R.S §4-207 01(B),I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances,exits,added or deleted doors,windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. appi., - initials oak Psi- SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc When completing diagram, North is up If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached' in box provided below II -) ',1 ' _� _ 1 � �_ltCr=� j J� _ ( t ' 1 L__ t It r vr's�./�"` 1 J l r i E�Y IT�J' i'Y 4 I /� t_]°p1 _.�1 i (2. I ''''G ..._._.. (.) i D r� 1` ; ` _ _ _ _--- — v )J:f I A i� u C—� 15 \--ctoz 1\c.),-.1„.1z - 11 D .)I v,J,') tgi.}QQir J.tA0LL) SECTION 16 Signature Block l Thomas Grubbs ii M _ hereby declare that I am the OWNER/AGEN1 filing this ,Prat fug name at appiscantr application as stated in Section 4, Question 1 I have read this application and verify all statements to be true, correct and complete X / C-. (sugnatuie of appiican isted in Seaton 4 Question 1) f OFFi:,iht.:itA;� l State of Y'•t Ctl I. \ County of t't,l, �1 ,, . JENNIFER MCCLENOOJ, l i ,2OTARY PC'dt. ARZo,:,.. i The foregoing instrument was acknowledged before me this `)`�-''J MA 4, )rA cOuN Pe i _ ^asrx t ..ryas.30 L lJ of -1:).1/4,(-0,-1,\Ar.it�4U`- i�l— -�C1 i Day ( ''7 7 M h Year Or My commission exp,Tes on 7) L t t ji3OV -., ( . /' , � %' Day Month) Year / signature TARY PUBLIC I 7 eillS ell P,tt-.0 I of 2 AI CDMMONp� Az carp AZ Ctli�i G`iih`COk COi�ii 10 IMINVi JM I,'>� FILED WDtT Y> 7�' OCi ai 2011 23422i93 SEF 11 2C1I 111 103.Lnialal fif ita,61 DO NOT WSW'S MOVE 11-16 ark,FOR ACC tillE ONLY �.ARTICLES OF O IA.r ryy� ON txi ttot"MUM any bra.Tab fin avqr ba main t r. sum gut ® ARIZONA LIMITED LORAL=eterwf vacs.1arAg4 frardliakilltr uiri I.wilt ❑ ammo.PsabralblOnat.umrnip umilUTY COMPMY Wka. Mal$ swrr.nrrs* w pm rarW7+a diaatW prJWint UMW.Arwood worn kOArr r a i , -- . ...t` .. w ring M.r.r W i ojiliC L.E lire FYrQ�aan1 its Jli�rr 0 Pm we trot aoiig0-If AK IMwf}wi 1.4.1004 . 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Mr*Mwaa '•; attar 1-)at) Fla Mur ar* ^ 11Yc 1yatt Pop a Mt ___ i� http t uttages atcc go:iseripts.'cgt dtivispat2 pi?COMM AND-4&SESS1ONll 1MdZFyESRveCgrist ELK t 21)12 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR LOST DUTCHMAN TRADING POST LLC A Member-Managed Limited Liability Company This Company Agreement of Lost Dutchman Trading Post LLC, a LIMITED LIABILITY COMPANY organized pursuant to the Act, is entered into and shall become effective as of the Effective Date by and among the Company and the persons executing this Agreement as Members It is the Members' express intention to create a limited liability company in accordance with the Act, as currently written or subsequently amended or redrafted 1 herefore, all provisions of this document shall be construed consistent with the afore described intent of the Members This Agreement is made and entered into effective on this fifteenth day of September, 2011 Accordingly, in consideration of the conditions contained herein, helshe/they agiee as follows. ARTICLE I Company Formation and Registered Agent 1 1 FORMATION The Members hereby form a Limited Liability Company ("Company") subject to the provisions of the Limited Liability Company Act as currently in effect as of this date A Certificate of Formation shall be filed with the Secretary of State 1 2 NAME The name of the Company shall be Lost Dutchman Trading Post LLC 1 3 REGISTERED OFFICE AND AGENT The location of the registered office of the Company shall be 970 N Delaware Drive##1 Apache Junction,AZ 85120 The Registered Agent shall be Juliet L Bussing. 1 4 TERM The Company shall continue for a perpetual period or until such time as one of the following occurs whichever is sooner (a) Members whose capital interest as defined in Article 2 2 exceeds 50 percent vote for dissolution, or (b) Any event which makes it unlawful for the business of the Company to be carried on by the Members, or O'N PIN (c) The death of a Member or the occurrence of any other event that terminates the continued membership of a Member of the Company, or (d)Any other event causing dissolution of this Limited Liability Company under the laws of the State of Arizona. 1 5 CONTINUANCE OF COMPANY Notwithstanding the provisions of ARTICLE 1 4, /, in the event of an occurrence described in ARTICLE 1 4(c), if there are at least one remaining Member, said remaining Member shall have the right to continue the business of the Company. Such right can be exercised only by the unanimous vote of the remaining Members within ninety (90) days after the occurrence of an event described in ARTICLE 1 4(c) If not so exercised, the right of the Members to continue the business of the Company shall expire 1 6 BUSINESS PURPOSE The purpose of the Company is to engage in any lawful act 1 7 PRINCIPAL PLACE OF BUSINESS The location of the principal place of business of the Company shall be. 970 N Delaware Drive#1 Apache Junction,AZ B5120 or at such other place as the Managers from time to time select 1 8 THE MEMBERS. The name and place of residence of each member are contained in Exhibit 2 attached to this Agreement 1 9 ADMISSION OF ADDITIONAL MEMBERS Except as otherwise expressly provided in the Agreement, no additional members may be admitted to the Company through issuance by the company of a new interest in the Company without the prior unanimous written consent of the Members ARTICLE II Capital Contributions 2 1 INITIAL CONTRIBUTIONS. The Members initially shall contribute to the Company capital as described in Exhibit 3 attached to this Agreement. The agreed value of such property and cash is $10,000 2 2 ADDITIONAL CONTRIBUTIONS Except as provided in ARTICLE 6 2, no Member shall be obligated to make any additional contribution to the Company's capital ARTICLE III Profits, Losses and Distributions 3 1 PROFITS/LOSSES. For financial accounting and tax purposes the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members evenly 3 2 DISTRIBUTIONS The Members shall determine and distribute available funds annually or at more frequent intervals as they see fit. Available funds, as referred to herein, shall mean the net cash of the Company available after appropriate provision for expenses and liabilities, as determined by the Managers Distributions in liquidation of the Company or in liquidation of a Member's interest shall be made in accordance with the positive capital account balances pursuant to Treasury Regulation 1.704- 1(b)(2)(ii)(b)(2) To the extent a Member shall have a negative capital account balance, there shall be a qualified income offset, as set forth in Treasury Regulation 1 704- I(b)(2)(ii)(d) ARTICLE IV Management 4 1 MANAGEMENT OF THE BUSINESS. The name and place of residence of each Manager is attached as Exhibit 1 of this Agreement By a vote of the Members holding a majority of the capital interests in the Company, as set forth in Exhibit 2 as amended from time to time. shall elect so many Managers as the Members determine, but no fewer than one, with one Manager elected by the Members as Chief Executive Manager The elected Manager(s) may either be a Member or Non-Member 4.2 MEMBERS The liability of the Members shall be limited as provided under the laws of the Arizona Limited Liability statutes. Members that are not Managers shall take no part whatever in the control, management, direction, or operation of the Company's affairs and shall have no power to bind the Company The Managers may from time to time seek advice from the Members, but they need not accept such advice, and at all times the Managers shall have the exclusive right to control and manage the Company No Member shall be an agent of any other Member of the Company solely by reason of being a Member 4 3 POWERS OF MANAGERS The Managers are authorized on the Company's behalf to make all decisions as to (a) the sale, development lease or other disposition of the Company's assets; (b) the purchase or other acquisition of other assets of all kinds; (c) the management of all or any part of the Company's assets, (d) the borrowing of money and the granting of security interests in the Company's assets, (e) the pre- payment, refinancing or extension of any loan affecting the Company's assets, (f )the compromise or release of any of the Company's claims or debts, and, (g) the employment of persons, firms or corporations for the operation and management of the company's business In the exercise of their management powers, the Managers are authorized to execute and deliver (a) all contracts, conveyances, assignments leases, Pik sub-leases, franchise agreements, licensing agreements, management contracts and maintenance contracts covering or affecting the Company's assets, (b) all checks, drafts and other orders for the payment of the Company's funds, (c) all promissory notes, loans, security agreements and other similar documents; and, (d) all other instruments of any other kind relating to the Company's affairs, whether like or unlike the foregoing 4 4 CHIEF EXECUTIVE MANAGER. The Chief Executive Manager shall have primary responsibility for managing the operations of the Company and for effectuating the decisions of the Managers 4 5 NOMINEE Title to the Company's assets shall be held in the Company's name or in the name of any nominee that the Managers may designate. The Managers shall have power to enter into a nominee agreement with any such person, and such agreement may contain provisions indemnifying the nominee, except for his willful misconduct. 4 6 COMPANY INFORMATION. Upon request, the Managers shall supply to any member information regarding the Company or its activities Each Member or his authorized representative shall have access to and may inspect and copy all books, records and materials in the Manager's possession regarding the Company or its activities, The exercise of the rights contained in this ARTICLE 4.6 shall be at the requesting hrlember's expense. 4 7 EXCULPATION Any act or omission of the Managers, the effect of which may cause or result in loss or damage to the Company or the Members if done in good faith :; to promote the best interests of the Company, shall not subject the Managers to any liability to the Members 4 8 INDEMNIFICATION The Company shall indemnify any person who was or is a party defendant or is threatened to be made a party defendant, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the Company) by reason of the fact that he is or was a Member of the Company, Manager, employee or agent of the Company, or is or was serving at the request of the Company, for instant expenses (including attorney's fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred in connection with such action, suit or proceeding if the Members determine that he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interest of the Company, and with respect to any criminal action proceeding, has no reasonable cause to believe his/her conduct was unlawful The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of "no to Contendere" or its equivalent, shall not in itself create a presumption that the person did or did not act in good faith and in a manner which he reasonably believed to be in the best interest of the Company, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his/her conduct was lawful 4 9 RECORDS. The Managers shall cause the Company to keep at its principal place of business the following (a) a current list in alphabetical order of the full name and the last known street address of each Member; (b) a copy of the Certificate of Formation and the Company Operating Agreement and all amendments; (c) copies of the Company's federal, state and local income tax returns and reports, if any, for the three most recent years, (d) copies of any financial statements of the limited liability company for the three most recent years ARTICLE V Compensation b 1 MANAGEMENT FEE. Any Manager rendering services to the Company shall be entitled to compensation commensurate with the value of such services 5 2 REIMBURSEMENT The Company shall reimburse the Managers or Members for all direct out-of-pocket expenses incurred by them in managing the Company • :1 ARTICLE VI Bookkeeping 6 1 BOOKS. The Managers shall maintain complete and accurate books of account of the Company's affairs at the Company's principal place of business. Such books shall be kept on such method of accounting as the Managers shall select The company's accounting period shall be the calendar year 6.2 MEMBER'S ACCOUNTS The Managers shall maintain separate capital and distribution accounts for each member Each member's capital account shall be determined and maintained in the manner set forth in Treasury Regulation 1 704- l(b)(2)(iv) and shall consist of his initial capital contribution increased by: (a) any additional capital contribution made by him/her, (b) credit balances transferred from his distribution account to his capital account, and decreased by (a) distributions to him/her in reduction of Company capital, (b) the Member's share of Company losses if charged to his/her capital account 6 3 REPORTS The Managers shall close the books of account after the close of each calendar year, and shall prepare and send to each member a statement of such Member's distributive share of income and expense for income tax reporting purposes ARTICLE VII Transfers 7 1 ASSIGNMENT. If at any time a Member proposes to sell, assign or otherwise dispose of all or any part of his interest in the Company, such Member shall fifteenth make a written offer to sell such interest to the other Members at a price determined by mutual agreement If such other Members decline or fail to elect such interest within thirty (30) days, and if the sale or assignment is made and the Members fail to approve this sale or assignment unanimously then, pursuant to the Arizona Limited Liability statutes, the purchaser or assignee shall have no right to participate in the management of the business and affairs of the Company The purchases or assignee shall only be entitled to receive the share of the profits or other compensation by way of income and the return of contributions to which that Member would otherwise be entitled CERTIFICATE OF FORMATION The undersigned hereby agree, acknowledge, and certify that the foregoing operating agreement is adopted and approved by each member, the agreement consisting of 6 pages, excluding the Table of Contents, constitutes, together with Exhibit 1, Exhibit 2 and Exhibit 3 (if any), the operating agreement of Lost Dutchman Trading Post L L C ., adopted by the members as of the fifteenth of September, 2011 Members Thomas E Grubbs. i ! 1:;,(\ Jul L Bussing EXHIBIT 1 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR LOST DUTCHMAN TRADING POST LLC LISTING OF MANAGERS By a majority vote of the Members the following Manageis were elected to operate the Company pursuant to ARTICLE 4 of the Agreement Thomas E Grubbs, II Chief Executive Manager 2603E Vaughn Ave Gilbert, AZ 85234 Juliet L Bussing Chief Finance Manager 2603 E Vaughn Ave Gilbert, AZ 85234 The above listed Manager(s) will serve in their capacities until they are removed for any reason by a majority vote of the Members as defined by ARTICLE 4 or upon their voluntary resignation Signed, Agreed and Effective this fifteenth day of September, 2011 Thomas E Grub s, II Juai L Bussing EXHIBIT 2 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR Lost DUTCHMAN TRADING POST LLC LISTING OF MEMBERS ON As of the fifteenth day of September, 2011 the following is a list of Members of the Company NAME ADDRESS' , Thomas E Grubbs, II 2603 E Vaughn Ave Gilbert, AZ 85234 Juliet L Bussing 2603 E Vaughn Ave, Gilbert, AZ 85234 Authorized by Member(s) to provide Member Listing as of this fifteenth day of September, 2011 i� Thomas'E Grubbs, II . Jule L Bussing EXHIBIT 3 LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR LOST DUTCHMAN TRADING POST LLC CAPITAL CONTRIBUTIONS Pursuant to ARTICLE 2, the Members initial contribution to the Company capital is stated to be $10,000. The description and each individual portion of this initial contribution is as follows Thomas E Grubbs, II $ 5,000 Juliet L. Bussing $ 5,000 SIGNED AND AGREED this fifteenth day of September, 2011 eLl:• • Thomas E. Grubbs, Jult9 L Bussing otoN§ /y , Print Form ARIZONA DEPARTMENT OF UQUOR UCENSES&CONTROL 800 W Washington 5th Floor 1A Phoenix AZ 8500 i-2934 1,i D (402)542-5 ! L'�a. f 4 el Attention RE Attention all Local Governing Bodies' Social Security ai+d.Birtlldatt.inforniatign is Confidential. This information may be given to local law enforcement agencies for the purpose of be kgrotintl checks Only but_rmx be blocked to be unreadable prior to posting 'c.:`-' ,'or any public view. `t a/ ^ Read carefully. This instrument is a,suvorn docunteni type or print with BLACK INK, An extensive Investigation of your background wilt be'coridI.cted. False or incomplete answers could result in criminal prosecutlor`arid the denlatoiosi,bseq nt revocation of a license or permit. [�T'.a,�1 .t. .�,..V i Z -O BE COMPLETED BY EACH CONTROLL.NG PERSON AGENT OR MAFLACIEFi:f EACH PER ON COMPLETING THIS FORM MUST SUBMIT AN APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE CBTl+)NED AT D4 LO F`,NGl<RPRIkkING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERV!CE'APPROVEO kmpuc",THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE 'i{. A-r i Liquor License # Effective it)/i?1ft)7 there is a$24.Ii0 processing fee for each fi geroryn Gard submitted, err, L� The fees allowed by A.R,S.4 44-6 52,211i1 be charged for all dishonored checks. � r /Wf ?ZZ (If the location is currently licensed) 11 Check [ Controlling Person )'Agent El Manager(Only) IT appropriate (Complete Questions 1• } (Complete All Questions except#14,14a&21) box —-, Controlling Person or Agent must complete#21 for a Manager Controlling Person or A .must complete#21 2 Name , C>i.L 11\13S-� �N.D,1`tt-5 w• .A.Date of Bert Cast J.iddle 3 Soc.al Secunty Numbs ers license tate fa--a ilc ,2 4 P'ace of Birth ill A C O e.i ` )4 G Ste Height 51 1(3r i Weight 12Q Eyes 6) 'Hair ()1Z Y City State Country (not county) 5 Marital Status sa Single 0 Married 0 Divorced 0 Widowed Daytime Contact Phone I-(?5 Qir 1 T e.fl6 62iC,1 6 Name of Current or Most Recent Spouse N I i4- Date of Birth._I_! (List all for last 5 years-Use additional sheet if necessary) Last First Moodie Maiden (NOT a a public record) 7 You are a bona fide resident of what state? �+ if Arizona date of residency\ t i 1 $ 8 Te.ephone namber to contact you dunng business hours for any questions regarding this document. 4 3 Q 4�At 1, --'0 Le tt, d 9 If you have been an Arizona resident for less than three(3)montthhs submit a copy of your Anzona dnver's license or voter registration card 10 Name of Licensed Premises Lo S"'E (1 C'ic:ke el ed 1 r t)4 IQ.F ' Premises Phone .--i$a\ci a -689 2� 11 Physical Location of Licensed Premises Address. Si O eu,11 tac...74 ILL. J ' 'I Aa6(',FI4'.Tt:',t1 (11 A) P RAC-f 1 y 5/c )0 eiN Street Address (Do not use PO Box I) Cary Courky Zap 42 List your employment or tyre of business during tee2ast five 5)years If unemployed part of the time. list tncse dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS ttontti,fVear Morthfrear OR BUSINESS (sheet address.pity,sidle&zip) TYN L p Icy, I CURRENT �1 L<n-r RQ ?� Q aa l 1i� cl2-7o a iItIak1 Tc3I I i rIL-Q`>r into v NI S IaMOtufx /3 855'00R - - ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last five(5)years FROM TO 'Rent or RESIDENCE Street Address reeitievee MonttvYear Own If rented attach aoa,i5xral sneet OAth name address and anions number of landlord City Statet Zip �°i CURRENT /0 7 1. aU y�iu 4�_ 6111--ater j , , 1 LIC 0101 9/24/2009 Disabled individuals requiring special accommodations,please Celt the Department.(602)542-9027 I tf you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent,will you be physically present and operating the licensed premises? EYES ONO Ifyou answered YES how many hrsiday? r .and Answer#14a below If NO skip to 415 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) ®YES ONO Ff the answer to*14a Is"NO",course must be completed before Issuance of a new license or approval on an existing license 15.Have you been detained,cited. arrested, indicted or summoned into court for violation of ANY law or ❑Y ES r NO ordinance, regardless of the disposition, even if dismissed or expunged,within the past ten(10)years (include only traffic violations that were alcohol and/or drug related)? 16 Are there,ANY administrative law citations, compliance actions or consents,criminal arrest, indictments OYES E NO or summonses PENDING against you or ANY entity in which you are now involved? 17 Have you or any entity in which you have held ownership,been an officer, member director or manager DYES 0 NO EVER had a business professional or liquor application or license rejected.denied, revoked, suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a ju om'it againsjyou the subject of which involved fraud or OYES �NO misrepresentation? 19 you EVER held ownership, been a controlling person, been an officer piember, OYES NO other liquor license in this or any other state? If any answer "YES' a r,. , , � e. I it in s, agencies involy=• :c •ns SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED • 20 I, /•vC1i?�4I G IIX'? Cfrs- , hereby declare that I am the APPLICANT/REPRESENTATIVE (print hill name of Applicant) filingthus questionnaire I have read this questionnaire and all statements are true, correct and complete x -47 - State of ! " " (lV 1 t a County of rmy co pa ( .t . +.-of Applicant) h •regoing instrucrenttwwas a cnr kkoow'eeddged before a tl' day of at A( Yd GI / 2� h� Y-4 My commission expires on 1 3 ' ^ Z� J • v v , .-+'i # r' Day Mcnh Year (.>�_ �:�� IARICOP }a (�1[ri�N,, •' PU13LIC) } = my Commaswn trAt a ♦g September 13,2013 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age State of County of The foregoing instiurnent was acknowledged before me this X day of Signature of Controlling Person or Agent(wrcie one) r loam year Pant Name {(Signature of NUTARY PUSUC) My commission expires on Day Month Year 0141 --"/'isfla.A.A.A.A:3... t 0 ? 81 Lk-) e- � _. i 1'.0..t' :L{_fp./f,4•�.:i �'\ -4.A&.1. D. ,-/� l.' v s) k-Q-2 Call 1---L 0 A" k , 1 �1y - z,-�,tip �� (�1 c .:� \ (ti „ 5 0.a VA - .t) 10'-4)-- -4->co-,--, 1)-04. , tl'u-,14..C1/4_ 'LZ , 51,N.`31-1 LA.,-- ,'ZI\ 6--Q.CO-C . IVI-A t:•\-; 11V-1)(1.3 ()4- --i2Aa t) rli,.,+..l.A.\ --Yl,.--]6'. 1.^, d'..L .. ,S Q.1s-P-6 I -t* ((3 -kD r^✓i.y 3 ,1 -� 1" ""'4- irk i....„-_ ,, ti eN es gAS 3 4 7 8 4 Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 55007 www azilquorgov 602-542-5141 CERTIFICATE OF TITLE 4 TRAINING COMPLETION Do Not Duplicate This Form Certificates must be completed by a state-approved training course provider,in black ink,on an original form //' , it ✓ OiN if Name(pie a prin siyrtaIure':s Trair7in Comp etinl n Date Type of Training Completed(check Yes or No) `es ❑ No BASIC 02.Yes E No ON SALE i � �O 3( � 5' I l 1 �is5 61'1) i it.Yes 0 No MANAGEMENT g Yes ❑ No OFF;ALE eruficate Expiration Date 0.;es ❑ No BOTH ❑ Yes I.No OTHER (MANAGEMENT-S years front completion date( (BASIC-3 years from completion dale) if:f rai nee Is Ermoloyed By 1k keens -01 Name of 1 icensee Business Name Liquor License# Alcohol Training Program Provider Information ARIZONA BUSINESS COUNCIL FOR ALCOHOL EDUCATION Company or individual Name(please print) 77 EAST COLUMBUS AVENUE,SUITE 102 Address Phoenix AZ 85012 ( 602 ) 2851396 City State Zip Daytime Contact Phone d I certify the above named individual has successfully completed the training specified above in accordance with Arizona Revised Statue,Arrzo,a Administrative Cnoe,and the training course curriculum approved by the Department of Liquor Ucenses and Control, JESUS ALTAMIRANO Name of Trainer(please print) Trainer Si4nature Ie Pursuant to AR.S.§4 1 1 (G)(2) mandatory Title 4 liquor law training is required prior to the issuance of all new liquor license applications submitted alter November 1 199/ The personsfs)required to attend both the BASK and MANAGEMENT Title 4 liquor law training,on-or off sale,will include all of the following: Owner ) Licensee/agent or managers)actively involved in daily business operation A valid(not expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete Before acceptance of a manager's questionnaire andior agent change for an existing liquor license proof of attendance forthe BASIC and MANAGLMENT Title 4 liquor law training(on-or off-sale)is required 3i2'hi9 Disabled individuals requiring special accommodations,please Calf(60.0 542 9047 ellS 'IN Print Form i r c ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License Department of Liquor Licenses and Control eS Liquor License; : kit.37Z I Ownership Name. 1�. '' "`'�t „-,-,I ---' (as listed on the current liquor license application or renewal application) Title IV of the federal Personal Responsibility and Work Opporntntty Reconciliation Act of 1996 (the "Act"), S U S C § 1621, provides that, with certain exceptions, only United States citizens, United States non citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrants,and certain aliens paroled into the United States are eligible to receive state or local public benefits With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit Anzona Revised Statutes ' 1-501 requires, in general, that a person appl}rng for a license must submit documentation to the licensing agency that sattsfactonly demonstrates that the applicant is lawfully present in the ' United States Directions: All applicants must complete Sections I. II, and IV. Applicants who are not U.S citizens or nationals must also complete Section III Submit this completed form and copy of one or more documents that evidence your citizenship or alien status with your application for license or renewal 1 SECTION I---APPLICANT INFORMATION tetmeet APPLICANT'S NAME tPrint or typej'`ri4 11'A C 1 .. 1 ZDATE I L TYPE OF APPI ICA DON it.hcck one) X INITIAL APPLICA rION — RENEWAL TYPE OF LECENSE . € fe.1" —f ^ SECTION II—CITIZENSHIP OR NATIONAL STATUS DECLARATION I Directions. Attach a legible copy of the front,and the back(deny),of a document from the attached I.i A other document that demonstrates L?S citizenship or nationality Name of document provided ,P �K A Are you a citizen or national of the United States?(check one) Yes _No B If the answer is"Yes,"where were)au born' List city,state(or equivalent),and country City .Pi\1 t.3'L State(or equivalent) E-,A Country or Territory (...'. .f-i- If you are a citizen or national of the United States,go to Section IV, If you are not a citizen or national of the United States.please complete Sections III and IV, DLLC 2/20.209 AG 1 I/08/`07-81662 Page I of 7 SECTION III—ALIEN STATUS DECLARATION t)irections• fo be completed by applicants who are not citizens or nationals of the United States. Please indicate alien status by checking the appropriate box Attach a legible copy of the front.and the back(if any),of a document from the attached List 13 or other document that evidences your status A R S § 1-501 'lame of document provided "'Qualified:Alien"Status(8 U S.0§,§ 1621(aX1),-1641(b)and(c)) ❑ E. An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(INA) ❑ 2. An alien who is granted asylum under Section 208 of the INA ❑ 3 A refugee admitted to the United States under Section 207 of the INA 0 4 An alien paroled into the United States for at least one year under Section 212(d)(5)of the INA ❑ S. An alien whose deportation is being withheld under Section 243(h)of the INA ❑ 6 An alien granted conditional entry under Section 203(a)(7)of the INA as in effect prior to April 1,1980 0 7 An alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980) 08. An alien who is, or whose child or child's parent is a `battered alien" or an alien subjected to extreme cruelty in the United States \ontmmigrant Status(8 U S.C:§ 1621(a)(2)) 09 A nonimmigrant under the Immigration and Nationality Act[8 U S C.§ 1101 et sec;] Nonimmigrants are persons who have temporary status far a specific purpose See 8 U.S C § 1101(a)(15) Alien Paroled into the United States For Less Than One Year(8 U S C§ l621(a)(3)) ❑10 An alien paroled into the United States for less than one year under Section 212(d)(5)of the INA Other Persons(8 U S C§ t621(c)(2)(A)and(C)) O 11 A nonimmigrant whose visa for entry is related to employment in the United States,or �l ❑ 12 A citizen of a freely associated state,if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-6$8(or a successor provision)is in effect[Freely Associated States include the Republic of the Marshall Islands,Republic of Palau and the Federate States of Micronesia,48 USC § 1901erseq]; ❑ 13 A foreign national not physically present in the United States Otherwise Lawfully Present(A.R.S § 1-501) ❑ 14 A person not described in categories 1-13 who is otherwise lawfully present in the United States, PLEASE NOTE The federal Personal Responsibility and Wotk Opportunity Reconciliation Act may make persons Who fall into this category ineligible for licensure See 8 U S C § 1621(a). Page 2of7 SECTION IV—DECLARATION All applicants must complete this section. I declare under penalty of perjury under the laws of the state of Arizona that the answers i have given are true and correct to the best of my knowledge. APPLICANT'S SIUNATURE 1ODA1 'S DATE Page 3 of 7 Attachment to Form 1 Applicant Statement EVIDENCE OF U.S. CITIZENSHIP, U.S NATIONAL STATUS, OR ALIEN STATUS LIST A: U.S. CITIZEN OR U.S. NATIONAL Note: In this List, the term"Service" refers to the U.S.Citizenship and immigration Service,formerly, the U S immigration and Naturalization Service(INS) [Source. Proposed Rules,Verification of Eligibility for Public Benefits,8 CFR§ 104 23,63 FR 41662-01 August 4, 1998).and Interim Guidance of Verification of Citizenship,Qualified.Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("interim Guidance"),62 FR 61344(Nov 17,1997), Attachment 4] Evidence showing U.S. citizen or U.S. national status includes the following: a. primary Evidence: (1) A birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction); (2) United States passport; (3) Report of birth abroad of a u.S citizen (FS-240) (issued by the Department of State to U S citizens), (4) Certificate of Birth (FS-545) (issued by a foreign service post) or Certification of Report of Birth (DS-1350), copies of which are available from the Department of State, (5) Form N-561, Certificate of Citizenship, (6) Form I-197, United States Citizen Identification Card (issued by the Service until April 7, 1983 to U.S citizens living near the Canadian or Mexican border who needed it for frequent border crossings) (formerly Form I-179, last issued in February 1974), (7) Form I-873 (or prior versions), Northern Marianas Card (issued by the Service to a collectively naturalized U S citizen who was born in the Northern Mariana Islands before November 3, 1986), (8) Statement provided by a U S consular official certifying that the individual is a U.S. citizen (given to an individual born outside the United States who derives citizenship through a parent but does not have an FS-240, FS-545, or DS-1350), or (9) Form 1-872 (or prior versions), American Indian Card with a classification code "KIC" and a statement on the back identifying the bearer as a U.S. citizen (issued by the Service to U.S. citizen members of the Texas Band of Kickapoos living near the U.S/Mexican border) [Source Interim Guidance of Verification of Citizenship,Qualified Alien Status and Eligibility Under Title iV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("Interim Guidance"),62 FR 61344 (Nov 17, 1997), Attachment 4] tr. Secondary Evidence if the applicant cannot present one of the documents listed in (a) above, the following may be relied upon to establish U S citizenship or U.S national status. (1) Religious record recorded in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction)within three 3 months after birth showing that the birth occurred in such jurisdiction and the date of birth or the individual's age at the time the record was made; Page 4 of 7 (2) Evidence of civil service employment by the U S government before June 1, 1976, (3) Early school records (preferably from the first school) showing the date of admission to the school, the applicant's date and U S place of birth, and the name(s) and place(s) of birth of the applicant's parents(s); (4) Census record showing name, U.S nationality or a U S place of birth, and applicant's date of birth or age, (5) Adoption finalization papers showing the applicant's name and place of birth in one of the 50 states, the District of Columbia, Puerto Rico(on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction), or, when the adoption is not finalized and the state or other U.S. jurisdiction listed above will not release a birth certificate prior to final adoption, a statement from a State-or jurisdiction-approved adoption agency showing the applicant's name and place of birth in one of such jurisdictions, and stating that the source of the information is an original birth certificate, (6) Any other document that establishes a U S place of birth or otherwise indicates U.S. nationality (e g , a contemporaneous hospital record of birth in that hospital in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction); c, Collective Naturalization If the applicant cannot present one of the documents listed in (a)or(b) above, the following will establish U S citizenship for collectively naturalized individuals. Puerto Rico: • Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that he or she was residing in the U S , a U S. possession or Puerto Rico on January 13, 1941, or • Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain U.S. Virgin Islands: • Evidence of birth in the U,S. Virgin Islands, and the applicant's statement of residence in the U S , a U.S. possession or the U.S Virgin Islands on February 25, 1927; • The applicants statement indicating resident in the U S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U S possession or the U.S. Virgin Islands on February 25, 1927, and that he or she did not make a declaration to maintain Danish citizenship, or • Evidence of birth in the U S. Virgin Islands and the applicant's statement indicating residence ,/, in the U S., a U.S. possession or territory or the Canal Zone on June 28, 1932. Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands (TTPI)): • Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U S , or a U S. territory or possession on November 3, 1986 (NMI local time) and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time), • Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI focal time), voter registration prior to January 1, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time), or • Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time). Note. If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U S. citizen Page s of 7 Pik d. Derivative Citizenship If the applicant cannot present one of the documents listed in a or b above, the following may be used to make a determination of derivative U S. citizenship. Applicant born abroad to two U.S. citizen parents: Evidence of the U S citizenship of the parents and the relationship of the applicant to the parents, and evidence that at least one parent resided in the U S or an outlying possession prior to the applicant's birth. Applicant born abroad to a U.S. citizen parent and a U.S. non-citizen national parent: Evidence that one parent is a U S citizen and that the other is a U S. non-citizen national, evidence of the relationship of the applicant to the U.S. citizen parent, and evidence that the U S. citizen parent resided in the U S , a U S possession, American Samoa or Swain's Island for a period of at least one year prior to the applicant's birth. Applicant born out of wedlock abroad to a U.S.citizen mother: - Evidence of the U.S citizenship of the mother, evidence of the relationship to the applicant and, for births on or before December 24, 1952, evidence that the mother resided in the U S prior to the applicant's birth or, for births after December 24, 1952, evidence that the mother had resided, prior to the child's birth, in the U S or a U.S. possession for a period of one year Applicant born in the Canal Zone or the Republic of Panama: • A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October 1, 1979 and evidence that one parent was a U.S. citizen at the time of the applicant's birth; or • A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and before October 1, 1979 and evidence that at least one parent was a U.S. citizen and employed by the U.S. government or the Panama Railroad Company or its successor in title In all other situations in which an applicant claims to have a U S citizen parent and an alien parent,or claims to fall s ithin one of the above categories but is unable to present the listed documentation • If the applicant is in the U S,the applicant should contact the local U S Citizenship and Immigration Seri'cc office for determination of U S citizenship, • If the applicant is outside the U S,the applicant should contact the State Department for a U S citizenship determination e. Adoption of Fofgion-j3orn Child by U.S. Citizen • If the birth certificate shows a foreign place of birth and the applicant cannot be determined to be a naturalized citizen under any of the above criteria, obtain other evidence of U S. citizenship, • Because foreign-born adopted children do not automatically acquire U.S. citizenship by virtue of adoption by Li S citizens, the applicant should contact the local t1 S Citizenship and Immigration Service office for a determination of U.S. citizenship, if the applicant provides no evidence of ^ U.S, citizenship f. U.S. Citizenship By Marriage A woman acquired U S. citizenship through marriage to a U.S citizen before September 22, 1922. Provide evidence of U.S. citizenship of the husband, and evidence showing the marriage occurred before September 22, 1922. Note' If the husband was an alien at the time of the marriage, and became naturalized before September 22, 1922, the wife also acquired naturalized citizenship. If the marriage terminated, the wife maintained her U S citizenship if she was residing in the U S at that time and continued to reside in the U S Page 6 of 7 LIST B: QUALIFIED ALIENS, NONIMMIGRANTS, AND ALIENS PAROLED INTO U.S. FOR LESS THAN ONE YEAR The documents listed below that are registration documents are indicated with an asterisk ("*") a. "Qualified Allen*" E�ideocc of-Qualified Alien"status includes the foll0u ing Alien Lawfully Admitted for Permanent Residence - *Form 1-551 (Alien Registration Receipt Card, commonly known as a "green card"), or /, Unexpired Temporary 1-551 stamp in foreign passport or on *I Form 1-94 Asylee - * Form 1-94 annotated with stamp showing grant of asylum under section 208 of the INA; - *Form I-6888 (Employment Authorization Card) annotated '274a 12(a)(5)", - * Form 1-766 (Employment Authorization Document) annotated "A5", - Grant letter from the Asylum Office of the L'S Citizenship and Immigration Scr,icc; or - Order of an immigration judge granting asylum. Refugee - * Form 1-94 annotated with stamp snowing admission under § 207 of the INA, - * Form I-688B (Employment Authorization Card) annotated "274a 12(a)(3)", or - Form 1-766 (Employment Authorization Document) annotated "A3" Alien Paroled Into the U.S. for a Least One Year - * Form I-94 with stamp showing admission for at least one year under section 212(d)(5) of the INA (Applicant cannot aggregate periods of admission for less than one year to meet the one- year requirement ) Alien Whose Deportation or Removal Was Withheld - Form I-6885 (Employment Authorization Card) annotated "274a 12(a)(10)"; - ; Form I-766 (Employment Authorization Document) annotated "A10", or - Order from an immigration judge showing deportation withheld under§243(h) of the INA as in effect prior to April 1, 1997, or removal withheld under § 241(b)(3) of the INA Alien Granted Conditional Entry - M Form I-94 with stamp showing admission under§203(a)(7) of the INA, - Form I-6885 (Employment Authorization Card) annotated '274a 12(a)(3)", or * Form I-766 (Employment Authorization Document) annotated 'A3," Cuban/Haitian Entrant - Form I-SS1 (Alien Registration Receipt Card, commonly" known as a "green card") w.th tl e code CU6, CU7, or 0-16, - Unexpired temporary I-551 stamp in foreign passport or on ` Form I-94 with the code CU6 or CU7, or - Form 1-94 with stamp showing parole as "Cuba/Haitian Entrant" under Section 212(d)(5) cif the INA Alien Who Has Been Declared a Battered Alien or Alien Subjected to Extreme Cruelty - U S Citizenship and Immigration Service petition and supporting documentation b. Nonimmigrant Eaidcncc of'Nonimmigrant'status includes the foilcncing, - * Form I-94 with stamp showing authorized admission as nonimmigrant c Alien Paroled into U.S. for Less than One Year UN idence includes - * Form 1-94 with stamp showing admission for less than one year under section 212(d)(5) of the INA Pala 7 of 7 I, '''' ) • 4. -••••••••....- ' ) ,-•••••...,-. ,,,. : 400,.,:., . -,- --.-- ItIllefftj\- Of the United Sidles, is Odle,4••opt*o X974.rettra arm. . •'..^ ---='•--,-, 2- . atoll.%k firma,tftwrdarintit Ataftai19: provide/art&luzzo.4 dirAmtr, .ridde,d•thetystrd Iiinror,addror for .L.,.. ?t,,,.. ,liwginvie eis4vcra v 1 rstax4 tilt . .1: ,>,,, - ...,i , ..,,,..... ..„ ,.., ra..hri;444.ikk riga tatteiSytergfitwent,":4;,. ' '• ",•,-,. 'Xt.,,i, '4,',.'ili.•'•.• ,'''.‘ '"Vt.'"-r• ,: '*.k.'..'. _jki - • jitA f' - A :,! ,.' 111,,",, 4, V . -rt --Ir' ., -* ' - '' • :.t.t-"' '4 .,.. If(' '''''.'' ' .{ '.1 t :: i { { _.„_......---7- ...'' ' • f---,"' ' 4e. 04114,frOta - . -',SIGNATURE Or ftEitftt,,,,;„-Ai, :IR,.., ..•ni,:i 1,-,,,I.,IA .f I LtAk, , 1 t "••NI, ' — - ‘ -'4"-- •-.:,*--"i Pil,•,-,Arn fer ...,:, ., ,,,,.•;.- -1,;,_ i',,, 1,a44.dd,bti i ' i"i a,— J.,, ' .44-ti,•,' ...,4141,1P.i'- „... -.,..;,', *".- 4.4,„%;••"-zt„.• ' . , .tt ,,,,:-,rzi"----4-v. ,. ., .• , .....1.,-,*,A• .,'•,,,,: , ,. k ,...iiiims,.::: tAmtry t t.. ,i„GRUB ittcv, ,. ..‘tir., .3c40:--::',"..,., •....--,-..,..' .irki.443\.*: 0 F'' -' .., .- . .4tTi4 • ' " ' '. i 6I.n urneo/Aftroslictinctet.*, ,1"..TijOitiAS EDWARC'Y ' • N- .- igNotral-4 1 Itattcno 7:te i ptiormini.se iilk''', _ ijhiTED STATE5.-.C),F.AMERICA 4.,. . , .., card Lttiti/Mt do 1•0406!./letttit 01,tiorAmtrnlo .., . :'1111111111.11114,..,„;,.„,.,qttfInti if, Sex/Niro Sem e^. • * , ' — ., 'AGORGIA.USA_'',.'''.'4:-.'''.. ' P.4 ,..-:%,.......E.:',..'a ) awn/Ude de dilivunati tab',d,to!)0111Ai:tn<t Authttity t Mtar4!t.11ttkrodai • '7 Uncite. Ptf t,molf'''' —°7,14)-440—" —t:7"- -- 7,1:44,,t,r44r.t,44 ,W"-if'*6t m'"''' Ditikiiioni'vf,%ii":40 ..1.-. tod6irtmill-Ohlw.,,, tialtsiitauttornos LICii . SEE P . . - ibE 27 --'. ..... — J... P<USAGRUBES<II<<.1-44QMAS<EDWARD<<<<<<<<<<<<<<< 4650185797USA6406143M2007069610006402<995862 ) ) — IPrint Form ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 "D i(80 ) 542-51$.1 � 9 ' f ST LoN�1 tRE 0\ t f Attention all Local Governing Bodies Social Security�ait1f� chit 1. tion Is Confidential. This information may be given to local law enforcement agencies for the purpose o bbckp rid i¢6ieekli'imlAut musi be blocked to be unreadable prior to posting C'• }orIfni public view. ; / 'IN An carefully This instru�tgagt is a sworn docucnerit type or print with BLACK INK An extensive investigation of you pckground will be conducted, False or incomplete answers could result in criminal prosecutiorjfirid tt)e denim or SJub cent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON GEIaf 0} i lA�i' �1 cG? r1PE $ON COMPLETING THIS FORM MUST SUBMIT AN APPLICANT'TYPE FINGERPRINT CARD WHICH MAY SE ow J.t.kfrE7,�tit{ ;-CJNGERPpf TING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERViCEAAPRovEq 1 c,J'l4E DEPARTMENT DOES PROVIDE THiS SERVICE. Effective 10,01/07 there Is a 1;24.0Opsocessing fee for each fingers t Card submitted, Liquor License # The fees allowed by A.R.S.§44-5852 will be charged for all dishonorgd checks.( (gyp /X1/ at Y \vr (It the location is currently licensed), ' Check ix'Controlling Person DAgent } ❑ Manager iOnty) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a&L11) box —Ho. Controlling Person or Agent must complete*21 for a Manager i Controlling Person or nt u t co ixpieta a 21 2 Name R; 1`--,S 1 r—' c S L" { `1' ,,•.y Late of Birth Last 1 I le ecord) 3 Soc.ai Security Numb Drrve's License State' a ��-n t 4 Place of Birth V t t2 A V n_I [ A4'0 c'� Height. r 1'{$ Weight. dJ Eyeet I? Hair' Ri-O ��I City State Country (not county) L 5 Marital Status �5ingle 0 Married Q G:vorc�a(�Ytr<.iowed Daytime Contact Phone r ��.' l H7`f 7 6 Name of Current or Most Recent Spouse M..2 46, Date of Birth _i / (List all for last 5 years Use additional sheet If necessary) Last First Middle Maiden (MQI a public record)r� 7 You are a bona fide resident of what state? 'f"" If Anzcna date of residency , / 1-3 i 0 8 Telephone number to contact you during business hours for any questions regarcing this document u$s:3\4 1 -t) 7 9 If you have been an Arizona resident for'as (s �than three(3)rrlorths submit a copy your Arizona dnvers license or voter registration card 10 Name of Licensed Premises �c0 -S•'1 }tr('C t1 i,z 4 v '[ Premises Phone. jiLSO\CI Biz " B ` "t 11 Physical Location of Licensed Premses Address CO "...I 0i Y 4�T 4 p ( L�e 4I h1 PA e')d C.,<c+J A c!110 itJ ��t o�Q Street Address (Da not use PC)Box e) City p'. tr Zip IN 12 List your employment or type of business during the past five 5)years. If unemployed part of the time,list those dates WList most recent 1st. FROM TO I DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS MenthNear Month/Yew OR BUSINESS (street adcress aty state&zip) I a►! CURRENT G 2t>r,..� w,C1 I•..i,-�, t tti Yh1 01n't 4 o 5 4,4_0cee,io>_)c uep to OAAm AA11J�111£mP _ Ig3o L eSkoa0ta41k Q.nr mc�� . 8_ � sc3�f tt/ iQ vRetou.s Iti ill CzmT .fkei lia *Id eSs�JSS.ae k5r 1 iR11.14,Cv..114 la1--a5cl13 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION our residence address for the last five I5)years 13 Indicate FROM TO Rent or RESIDENCE Street Address i ,Montro'Year MontnYear_ Own If rented attach additional sheet with name.address and phone numeer of landlord City State Zip G// CURRENT � `` i (O#1 io,+i i<vA},' I.ti> At�t G�yt:-L��/?7 r'�? St��ij IC" A� f'L�3l LID 0101 9124$2009 Disabled individuals requiring special accommodations,please call the Department(602)542 9027 Pith 0011S If you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent,wit you be physically present and operating the licensed premises? OYES ONO If you answered YES,how many hrsrday? ,and answer#14a belch,/ If NO,skip to#15 14a Have you attended a DUX-approved Liquor Law Training Course within the past 5 years? (Must provide proof) OYES ONO If the answer to*14a Is"NO",course must be completed before issuance of a new license or approval on an existing license 15 Have you been detained.cited, arrested tridicted or summoned into court for violation of=law or 0 YES 53 NO ordinance, regardless of the disposition, even if dismissed or expunged,within the past ten(10)years (include only traffic violations that were alcohol and/or drug related)? 16 Are there ANY administrative law citations,compliance actions or consents,cnminal arrest indictments [7 YES E.NO or summonses PENDJN_G against you or ANY entity in which you are now involved? 17 Have you or any entity in which you have held ownership,been an officer, member,director or manager OYES I NO EVER had a business,professional or liquor application or license rejected. denied. revoked. suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained aydgrnent against you, the subject of which involved fraud or DYES $NO misrepresentation? 19 Ar u EVER held ownership, been a controlling person, been an officer, member EYES ENO Q ny other liquor license in this or any other state? If any answer to , . "YES' 0 ive •. ;to .,.,1.'I in . ng dates, agencies involved, SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20 I,'r yP( ► 6J, S 1 e) hereby declare that I am the APPLICANT/REPRESENTATIVE tpnnt full name of Aporicara) filing•this questionnaire. I have read this questionnaire and all statements are true,correct and complete x State of fhV +l/O YY6 County of 1'1 t aY\C o p lsignat:re of Applicant) The!wagon()instrument was acknowledged oefore me this ) day of 1'. I 1 i , 26I9 �T foam!TA rE'Gti wiutN f • r r ,� ?t'r NOTARY • C, i r fills ' Y 1`nl My commission expires on �+!" - ,ra•.. a a•. :.4► Day Month Year �• tom/ Mt •,, •• �sr�t3,;grunt -{PUBLIC) 111, COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the namec liquor license The manager named must be at least 21 years of age State of County of The foregoing instrurnerit was acknowiedgec before me this X day of Signature of Controlling Person or Agent(circle one) Month 'Year ?rind Narn ------- -- (Signature of NOTARY PUBLIC) My commission expti•es on Day Month Year , 3 - 6 sv-? C 5 —11 00IN et 0 °11-' 411N-A-AN a, 4.1,3- / 4 ..2 eIN 3 4 7 8 6 Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www aztiquor.gov 602-542-5141 CERTIFICATE OF TITLE 4 TRAINING COMPLETION Do Not Duplicate This Form Certificates must be completed by a state-approved trafning course provider,in black ink,on an original form — ---\1 ` I I-• t iZ j L_._. gS o - . ! , 6, __..._. Full Name(pleasef annt) le') ) 1—) , j j Signatiii i 4 ' `�- Type of Training Completed(check Yes a;No) Training Completion Date ` \ i Yeb ❑ Na BASIC es ❑ No ON SALE .jt ti �ao t-.3. ) V.t6ja.Gf i`!"aT� 1 yes ❑ No MANAGEMENT i-ri'es D No OFF SALE Certificate Expiration Date ,LYe.,- ❑ No BOTH '�� 1��"" Y (MANAGEMENT-5 years from completion date) ❑ Yes iCTrdo OTHER (BASIC-3 years from completion date) IfJr jajl mployed By A Licensee C�i?:"i'..l.A 1C-,G LL� f` I\I 11 1 n 1(. :.)\ .�->dr i Ac Name of Licensee Business Name Liquor t iconse# Alcohol Training Program Provider Information ARIZONA BUSINESS COUNCIL FOR ALCOHOL EDUCATION company or individual Name(please print) 77 EAS1 COLUMBUS AVENUE, SUITE 102 Address Phoenix AZ 85012 ( 002 ) 285-1398 City State Zip Daytime Contact Phone# I certify,the above named individual has succe,sfulry completed the training specified above in accordance with Arizona Revised Statue,Arizona Administrative Code,and the training course curriculum approves by the Department of Liquor Licenses and Control 7) If 1FSUS ALTAMIRANO Name of Trainer(please print)T Trainef Date Pursuant to A.R S§4 112(G)(2),mandatory Title 4 liquor law training is required prior to the issuance of all new liquor license applications submitted after November 1,1997 The persons(s)required to attend both the BASIC and MANAGEMENT Title 4 liquor law training,on or off-sale,will Include all of the following Owners) Liceriseefayent or rnanager(si actively involved in daily business operation A valid(not expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete Before acceptance of a managers questionnaire and/or agent change for an existing liquor license,proof of attendance forthe BASIC and MANAGEMENT Title 4 liquor law training(on-or off-sale)is required. 14l2W9 Disabled individuals requiring spec cal accommodations please call(602)542-9027 ore4tache/lawriian, /lrWtt' uJ the Sirf'matrtiort AIuuntutrta 4` zoN. Ask NOTICE The attached application for a New License, Limited Liability Co , Beer and Wine Liquor License submitted for Lost Dutchman Market located at 970 N Delaware #1, Apache Junction, Arizona, was posted on the 10th day of January, 2012, at 2 00 p.m Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting. Arguments for, not objections against, shall be filed thereafter A public hearing will be held Tuesday. February 7 2012, at the City Council Chambers. 300 E Superstition Blvd , Apache Junction. AZ at 7 00 p m , at which time any objections filed will be heard. Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. • Voice(480)982-8002 • FAX 080)982-7018• MD(480)983-0095•%tiww wit) net 300 F Superstition Rouioard Apache Junction AZ S 219 ?pCNe p� ti (eel, Home of the Su/volition Mountains 4RIzoNR January 10, 2012 Thomas Edward Grubbs II Lost Dutchman Market 2603 E Vaughn Avenue Gilbert, AZ 85234 Dear Mr Grubbs Please be advised that the application for a New License, Limited Liability Co Series 10 Liquor License submitted for Lost Dutchman Market, located at 970 N Delaware #1, Apache Junction, Arizona was posted on January 10 2012 in accordance with State law The Apache Junction City Council will hold a public hearing on February 7, 2012 at 7 00 p m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction at which time the City Council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control Please note that the City Council frequently has questions for the applicant It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 non-refundable application fee that is due and must be received prior to Wednesday, January 18, 2012, in order for this application to be placed on the City Council agenda, If you have any questions concerning this matter, please contact my office at (480) 474-5068 Sincerely, Kathleen Connelly City Clerk • VolLc(480)982-8002 • 1 AX(480)982-7Oi8 • i'D1)(.480i 983-009i • NN N.Aiclt\ n i 300 1_ Supersutrun Houik%.ant Apache Junction, AL 10219 JANUTARY 9, 2012 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK • t FROM JAN MASON, DEPUTY CITY CLERK { " ' SUBJECT APPLICATION FOR LIQUOR LICENSE FOR LOST DUTCHMAN MARKET Mr Thomas Edward Grubbs li has submitted an application for a New License, Limited Liability Co , Series 10 Liquor License for Lost Dutchman Market located at 970 N Delaware#1, Apache Junction, AZ 85120 Please conduct the necessary inspections and submit your recommendation by Wednesday. January 18, 2012, in order for this item to be on the agenda for the City Council meeting of February 7, 2012 Janet Mason From: Rudy Esquivias Sent. Thursday,January 19 2012 11 31 AM To. Janet Mason Cc• Brad Steinke Subject. RE application for liquor license for Lost Dutchman Market Jan The property at 970 N Delaware Drive is zoned CB 1(Local Business Zone) Among the uses permitted in the CB-1 zone is"liquor store for packaged sales only" Residential neighborhoods and residential districts exist to the north, east and about 150 feet south of the property Immediately adjacent to the west and south sides of the property is a +/4-acre, C-2/PD zoned property which was conceptually approved for a 2 story live/work units development,which has yet to be constructed Another undeveloped C-2 Lolled property with frontage on Superstition Boulevard is kitty corner to the southeast The subject property is presently developed with a small multi tenant building Throughout the years many businesses have opened and closed at this locatron-•the Lost Dutchman Laundry business probably being the one with the most longevity The Lost Dutchman Trading Post, which is basically a small convenience store(presently with no liquor sales) was granted zoning approval and has been operating since late September 2010 While the proposed location for a store wnrch sells liquor is a little off the beaten path(compared to most convenience stores), the zoning district does allow it, with Council's recommendation to the State liquor board of course. G ell 0s Ltiviai Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition. Blvd Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (New Office Hours! The Development Services Department is open Monday through Thursday from 7 00am to 6.00pm, closed Fridays and Holidays ) From:Janet Mason Sent: Tuesday,January 10, 2012 3:39 PM To:Jeff Robinson; Rudy Esquivias Subject: application for liquor license for Lost Dutchman Market Please have your department recommendation to me no later than Wednesday,January 18 Thanks Janet Mason Deputy City Geri, City Of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480-474 S0438 1 � Ue Apache Junction Police Department ,w Interdepartmental Memo • .r. DATE 01/13/2013 TO Lt Robinson THROUGH FROM Sgt Durkin SUBJECT Lost Dutchman s Market At your request I went to Lost Dutchman Market, 970 N Delaware Dr Apache Junction regarding a liquor license request This is within the city limits of Apache Junction and AJPD s jurisdiction The building is half market (sharing a common center wall) and half Lost Dutchman Laundry Posted on the window of the market, is the city license request, liquor license request and notice that the applicants attended the AZ Dept of Liquors training class on 5-15-2010 The interior is mostly complete, but still under construction I contacted Juliet L Bussing, whose part owner of the business, and listed on the liquor license request She showed me the interior of this market! convenience store Located at the rear of the store were four approx 4 5 X 5 foot cooler which will be used for beer and wine sales The storage area of the store is a separate room, It has a side door entrance for deliveries This room's door is a metal exterior door The windows are currently wrought iron barred for security and they intend to get a fully monitored security system They are aware that their request is for off-premises sales Currently they also own another similar convenience store located in the area of Broadway and Gilbert Rd in Mesa Parking is ample due to the laundry and open area on the south side of the building • I did not see any challenges in granting this, nor do I have any objections to this application i �k CFAI �� '' Apache Junction Fire District QP.i ,.'-o p ', a�w UDLY != 565 North Idaho Road, Apache Junction, AZ 85119 7 ...t• Phone(480)982-4440, Fax (480)982-0183 1 No4o , www.affire.org MEMORANDUM TO. Kathleen Connelly,City Clerk City of Apache Junction FROM. Dave Montgomery,Deputy Fire Chief/Fire Marshal U14 DATE January 18, 2012 SUBJECT: Application For Liquor License for Lost Dutchman Market 970 N.Delaware#1.Apache Jct. The Apache Junction Fire District has reviewed the documentation and prevention files for the applicant as noted above. Our records of their annual fire and life safety inspection show no major violations. We therefore would recommend approval of this application Thank you for your notification on this matter If you have any further questions regarding this inspection,please feel free to contact the fire prevention bureau offices at 982-4440.Thank You. DPM Am- f-j dil ROLL CALL VOTE 0y NOTES: \ }A s 91\1 17 ITEM # MEETING OF MOTION BY: SECONDED BY ,1! 1 YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON COUNCILMEMBER WILSON V \42/6-NeQEICTS.Q5'bOtEMAN COUNCILMEMBER BARKER li MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 I MOVE THAT THE APPLICATION FOR A NEW LICENSE, LIMITED LIABILITY CO , SERIES 10 LIQUOR LICENSE FOR LOST DUTCHMAN MARKET, SUBMITTED BY THOMAS GRUBBS, BE RECOMMENDED FOR(APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Pas PUBLIC HEARING /'1 1. For PROPOSED RESOLUTION NO. 11-12,DECLARING CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY,BEING A PORTION OF SIESTA STREET BETWEEN HILTON ROAD AND GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY 2. Will ACTING PUBLIC WORKS DIRECTOR/CITY ENGINEER GIAO PHAM speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. PACHE'�� City ojApache unction Home of the Sirhey:-titian✓✓✓Mountains Print TO: City Manager's Office FROM: Giao Pham P.E., Interim Public Works Director DATE: February 7, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO 11-12, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF SIESTA STREET BETWEEN HILTON ROAD AND GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests city council's approval on Resolution No. 11-12 which would alleviate the encroachment issues along the portion of Siesta Street between Hilton Road and Goldfield Road. In order for the city to remedy these issues staff has initiated a vacation of that roadway easement Three of the four parcels on Siesta Street between Hilton Road and Goldfield Road are encroaching and obstructing Siesta Street. In addition, the portion of Siesta Street from Hilton Road to Goldfield Road has never been opened as a public road Resolution No 11-12 vacates that portion of Siesta Street which is city owned, and Resolution No. 11-13 extinguishes the remaining portions which are easements for roadway purposes. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download t3 Memo to Council la Resolution No 11-12 PQACHEa o� 2 Public Works Department o 1--, I .6 r*9e,Qie a el, ,-ft7i e r a"iv i iz .-'� - .40: Home of the Superstition Mountains '4RIZONP Date. December 29,2011 To. Honorable Mayor and Members of the City Council Through: George Hoffman, City Manager From. Giao Pham P.E., Interim Public Works Director Subject: Vacation of Dedicated Roadway Along Siesta Street Between Hilton Road and Goldfield Road Proposed Resolution No. 11-12 A portion of Siesta Street, located between Hilton Road and Wagonwheel Road, is dedicated right of way with a width of 33'.The entire length of Siesta Street between Hilton Road and Goldfield Road is recommended for extinguishment and vacation by the Public Works Director. The resolution to vacate that portion of Siesta Street which is dedicated right of way, Resolution 11-12, is being brought before the Mayor and City Council in conjunction with Resolution 11-13, in which the remaining portions of Siesta Street (Federal Patent Easements) between Hilton Road and Goldfield Road are recommended for extinguishment Per Arizona Revised Statutes, the vacation of City owned dedicated right of way requires a public sale and compensation in an amount the City feels commensurate with the current market value of the property,taking into account degree of fragmentation, drainage issues, and encroachments Per the statute requirement, a sixty day notification of public sale was posted along the roadway and advertised for the minimum number of consecutive days in a local newspaper Purchase offers were received, and the purchase offer from the abutting property owner was selected as the offer exceeded the minimum valuation. Per Arizona Revised Statutes and City Code, abutting property owners have preference rights at sale for vacated right of way if they meet the valuation minimum. Siesta Street,from Hilton Road to Goldfield Road has never been opened for public use or maintained by the City The roadway is classified as a local roadway In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Further, area transportation would not be adversely affected. The interim Public Works Director, in desiring to alleviate the multiple permanent structure encroachment issues along the Siesta Street alignment, initiated a vacation and extinguishment of the roadway easements along the alignment from Hilton Road to Goldfield Road. 575 E. Baseline Avenue, Apache Junction, AZ 85119 • Voice (480)982-1055 • Fax (480)982-8005 Aar RESOLUTION NO. 11-12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEING A PORTION OF SIESTA STREET BETWEEN HILTON ROAD AND GOLDFIELD ROAD AND DESCRIBED IN VACATION CASE NO. 11-12, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction became the fee simple owner of the right-of-way by Quit Claim Deed on October 02, 1987, as recorded at the office of the Pinal County Recorder in Docket 1476-389, and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owners of APN 100-27-036D and APN 100- 27-35H desire to extinguish the northerly thirty-three foot federal patent roadway easement and vacate the southerly dedicated thirty-three foot right-of-way along Siesta Street from Hilton Road to Goldfield Road; and WHEREAS, three of four parcels adjacent to Siesta Street from Hilton Road to Goldfield Road have permanent parcel improvements such as buildings and pools that encroach into, and obstruct Siesta Street alignment, and WHEREAS, the Public Works Director, in desiring to alleviate the encroachment issues along the Siesta Street alignment, initiated a vacation and extinguishment of the alignment from Hilton Road to Goldfield Road; and Amok WHEREAS, pursuant to ARS § 28-7204 and Apache Junction City Code § 13-2-4, the City may sell and convey the land within a roadway by quitclaim deed after a sixty (60) day notice of sale; and WHEREAS, pursuant to ARS § 28-7204 and § 28-7205, as well as Apache Junction City Code § 13-2-4, abutting property owners have preference rights for purchasing adjacent vacated right-of- way; and WHEREAS, pursuant to ARS § 28-7208, vesting of title is subject to the giving of consideration to the governing body from the owner of the abutting property owner in an amount deemed by the governing body to be commensurate with the value of the vacated roadway; and RESOLUTION NO. 11-12 Page 1 of 3 eiN WHEREAS, pursuant to ARS § 28-7208, the City Engineer estimates market value of the dedicated portion of Siesta Street to be $1, 000, taking into consideration the degree of fragmentation, drainage mitigation, encroachments and obstructions, and other public benefits; and WHEREAS, two purchase offers were submitted to the office of the City Clerk within the sixty day sale notification period, /1 one by the abutting property owner in the amount of $1, 012, which exceeds the market valuation of the City Engineer; and WHEREAS, the City Engineer recommends acceptance of the purchase offer in the amount of $1, 012 from the abutting property owner; and WHEREAS, the vacation, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement, and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on February 23, 2011, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountain Community Facilities District, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District, and no response was received from Century Link /11141 and Southwest Gas. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 1 . The Mayor and City Council of the City of Apache Junction find that the dedicated Siesta Street roadway described in Exhibit A, and depicted in Exhibit B, is classified as a local street on the Street Classification Plan and is no longer necessary for roadway purposes and is hereby abandoned and vacated for public roadway purposes . RESOLUTION NO. 11-12 Page 2 of 3 2 . The title to the vacated roadway shall vest in the abutting property owner upon receipt of payment in the amount described above, and staff is authorized to execute any and all documents necessary to complete the transfer of ownership of the roadway. 3. Nothing in this approval extinguishes any utility easement •^ interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THE DAY OF , 2012 JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney RESOLUTION NO. 11-12 Page 3 of 3 EXHIBIT A OmS VACATION PARCEL (Adjacent to parcel 100-27-036D) The North 33.00 feet of the Southwest quarter of the Southeast quarter of the Southeast quarter of the Southeast quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the West 33. 00 feet thereof. LAN D ¢-��FiCglC L� 21773 fl JAMES A. N1 "tEVtili7T l'. ' 1.0NA v . V Job (3O, 11-IO01 Z\N EXHIBIT B NOT TO SCALE i I ► 035G I 035J I 1 1 1 133' 33'1 I- ci I 1 035H 035B 1 Eel EtI L— I f M SIESTA M STREET 1 - 133:////77-77--/// :r443 _ _ 33' A !1 —33' ' I 1I � 0 036D o 0 _ ' 1036B I I 1 1 1 1 036E 1 1 I 133' 33'L_ 1 —I J I l - - SUPERSTITION - _ BOULEVARD - - ° LANO& i 1 C '''151 4. 2�773 036E ASSESSOR'S PARCEL NUMBER I a JAMES A. `� HEWI1T �,r - - ROAD CENTERLINE 1 Np r ++ '��' -•.1\'�rf //// PROPOSED VACATION I �`�A 20NA U.S1."/0I /RES 3 11 ` JOB NO. 11-1007 I 1 i 1 ROLL CALL VOTE NOTES• l� 1 ntrITEM # r MEETING OF lei\ MOTION BY: SECONDED BYV YES NO ABSTAINED COUNCILMEMBER BARKER 'CC U1 J.IRLAL G{?I 8MAN COUNCILMEMBER WILSON COUNCILMEMBER SMITHSON V C COUNCILMEMBER SERDY ✓/ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 I MOVE THAT RESOLUTION NO. 11-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT CERTAIN DEDICATED PUBLIC RIGHT-OF-WAY, BEIN C A PORTION OF SIESTA STREET BETWEEN HILTON ROAD AND GOLDFIELD 'j D AND DESCRIBED IN VACATION CASE NO. 11-12, ARE NO LONGER NECESSARY FOR PUBLIC USE AS A PUBLIC ROADWAY AND ARE HEREBY VACATED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 11-13, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM HILTON ROAD TO GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS 2. Will ACTING PUBLIC WORKS DIRECTOR/CITY ENGINEER GIAO PHAM speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item9 (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. (13.K Fit • JG z City o�f Apache Junction Home of the S upet:tt/t/on .1 I ountd/tzs Print TO: City Manager's Office FROM: Giao Pham P.E., Interim Public Works Director DATE: February 7, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 11-13, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM HILTON ROAD TO GOLDFIELD ROAD ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT- OF-WAY. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: Staff respectfully requests city council's approval on Resolution No. 11-13 which would alleviate the encroachment issues along the portion of Siesta Street between Hilton Road and Goldfield Road In order for the city to remedy these issues staff has initiated a vacation of that roadway easement Three of the four parcels on Siesta Street between Hilton Road and Goldfield Road are encroaching and obstructing Siesta Street. In addition, the portion of Siesta Street from Hilton Road to Goldfield Road has never been opened as a public road Resolution No. 11-12 vacates that portion of Siesta Street which is city owned, and Resolution No 11-13 extinguishes the remaining portions which are easements for roadway purposes. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download U Memo to Council U Resolution No. 11-13 p?AC H Ko �a Public Works Departmentti r..,9„,07zoxei,-..,4,, ,,,,, z.-, ; . ,, ,,,,,,..,7,-,., Home of the Superstition Mountains Date. December 29, 2011 -- To. Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From• Giao Pham P E., Interim Public Works Director Subject. Extinguishment of Federal Patent Easement on Siesta Street Between Hilton Road and Goldfield Road. Proposed Resolution No 11-13 Federal Patent Easements (FPE's) are one means whereby property is accessed by our citizens in portions of Apache Junction FPE's were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels. FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines Siesta Street, from Hilton Road to Goldfield Road has never been opened for public use or maintained by the City. The roadway is classified as a local roadway. In addition, the FPE does not provide access to any parcels which would be landlocked in the event of extinguishment. Further, area transportation would not be adversely affected. The interim Public Works Director, in desiring to alleviate the multiple permanent structure encroachment issues along the Siesta Street alignment, initiated a vacation and extinguishment of the roadway easements along the alignment from Hilton Road to Goldfield Road 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480)982-1055 • Fax (480)982-8005 p RESOLUTION NO. 11-13 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM HILTON ROAD TO GOLDFIELD ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-13, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described in Docket 153 Page 346, originally conveyed April 1954, and Docket 678 Page 737, originally conveyed April 1955, for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the parcel owners of APN 100-27-036D and APN 100- 27-35H desire to extinguish the northerly thirty-three foot federal patent roadway easement and vacate the southerly dedicated thirty-three foot right-of-way along Siesta Street from Hilton Road to Goldfield Road; and WHEREAS, three of four parcels adjacent to Siesta Street from Hilton Road to Goldfield Road have permanent parcel improvements such as buildings and pools that encroach into, and obstruct Siesta Street alignment; and WHEREAS, the Public Works Director, in desiring to alleviate the encroachment issues along the Siesta Street alignment, initiated a vacation and extinguishment of the Amk alignment from Hilton Road to Goldfield Road; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R.S. § 9-500 .24 and 28-7214; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4 (A) , the Director of Public Works recommends the extinguishment of said public roadway easements; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements; and Resolution No. 11-13 Page 1 of 3 Ask WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on February 23, 2011, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers; and WHEREAS, no opposition statements were received from Salt �. River Project, Arizona Water Company, Mediacom, Superstition Mountain Community Facilities District, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District, and no response was received from CenturyLink and Southwest Gas; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : 1 . The Mayor and City Council of the City of Apache Junction find that the Siesta Street roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for Am.,. public roadway right-of-way purposes . 2 Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. Resolution No. 11-13 Page 2 of 3 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney Resolution No. 11-13 Page 3 of 3 EXHIBIT A PARCEL 1 (Adjacent to parcel 100-27-035H & parcel 100-27-035B) The South thirty-three feet (33' ) of the North half of the Southeast quarter of the Southeast quarter of the Southeast quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty feet (50' ) and the West thirty-three feet (33' ) THEREOF PARCEL 2 (Adjacent to parcel 100-27-036B) The North thirty-three feet (33' ) of the East half of the South half of the Southeast quarter of the Southeast quarter of the Southeast quarter of Section 15, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty feet (50' ) THEREOF. EXHIBIT "B" I I 35G 35J 0I 0 cc 35H 35B - 33' /414)///AV/ //, 50' --►� -. 33' --! 66' 036D J 36B 0 036E I I SUPERSTITION _ _ _ BOULEVARD _ 26B SURROUNDING PARCELS --- ROAD CENTERLINE W/A PROPOSED EXTINGUISHMENT ROLL CALL VOTE NOTES: f)1\(1\kt)/ ITEM # MEETING OF MOTION BY SECONDED BY \c6IJAVN‘r YES NO ABSTAINED LrViCENNWIC2-61ttT-E-4-- / COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON V I M MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL agliftk ITEM NO. 9 I MOVE THAT RESOLUTION NO. 11-13, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON SIESTA STREET FROM HILTON ROAD TO GOLDFIELD ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-11-13, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF WAY, (BE APPROVED) OR(BE DENIED) PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 12-02,DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON FIRST AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD,AND WAGONWHEEL ROAD FROM FIRST AVENUE TO SECOND AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS 2. Will ACTING PUBLIC WORKS DIRECTOR/CITY ENGINEER GIAO PRAM speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion9 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 44 Pp; HF City ojipache Junction U Home of'tlhe .Sirper:ctrtion Mountains ,fit_' Print TO: City Manager's Office FROM: Giao Pham P.E., Interim Public Works Director DATE: February 7, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 12-02, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON FIRST AVENUE AND SECOND AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD, AND WAGONWHEEL ROAD FROM FIRST AVENUE TO SECOND AVENUE ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests city council's approval on Resolution No 12-02 which is an extinguishment of roadway easements on First Avenue and Second Avenue from Wagonwheel Road to Goldfield Road, and Wagonwheel Road from First Avenue to Second Avenue which have been requested by the adjacent property owners, who desire the use of these areas for setbacks Staff has reviewed the submittal and has no technical objections since the use of the federal patent easements are not feasible or needed FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval. ATTACHMENTS: Click to download L] Memo to Council D Resolution No. 12 02 2 ..„,-7.. Cr <24 Public Works Department .., z no,i0.0.4,7,,,,,,,,,c4„ _.„,.. Home of the Superstition Mountains 4 ?tzOWP Date. January 23, 2012 To. Honorable Mayor and Members of the City Council Through. George Hoffman, City Manager From: Giao Pham P.E., Interim Public Works Director Subject Extinguishment of Federal Patent Easements on First Avenue and Second Avenue between Wagonwheel Road and Goldfield Road, and Wagonwheel Road between First Avenue and Second Avenue Proposed Resolution No. 12-02. Federal Patent Easements (FPE's) are one means whereby property is accessed by our citizens in portions of Apache Junction FPE's were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines First Avenue and Second Avenue, from Wagonwheel Road to Goldfield Road, and Wagonwheel Road from First Avenue to Second Avenue have never been opened for public use or maintained by the City. The roads are classified as local roadways In addition, the FPE's do not provide access to any parcels which would be landlocked in the event of extinguishment Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. Joseph and Cami Garcia filed an application for the extinguishment of the above mentioned portions of roadway easements on December 20th, 2011. The application included a support "- petition signed by the adjacent property owners, who support the extinguishment petition The property owners desire the use of the 33 feet for reduction of setbacks and to allow site improvements to proceed. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice (480)982-1055 • Fax(480)982-8005 RESOLUTION NO. 12-02 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON FIRST AVENUE AND SECOND AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD, AND WAGONWHEEL ROAD FROM FIRST AVENUE TO SECOND AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-12-02, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described in Docket 201 Page 581, originally conveyed February 1958, Docket 223 Page 554, originally conveyed January 1959, Docket 177 Page 368, originally conveyed September 1956, and Docket 162 Page 203, originally conveyed June 1956, for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B, and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R.S. § 9-500.24 and § 28- 7214; and WHEREAS, the City of Apache Junction Street Circulation and Access Study recommends extinguishment of said public roadway easements; and WHEREAS, on December 20, 2011 the Applicant paid the required non-refundable application and filing fee for the extinguishment request pursuant to Apache Junction City Code § 13-2-4 (H) ; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on December 27, 2011, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers, and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District; and Resolution No 12-02 Page 1 of 2 WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement; and WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. �.., NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1 The Mayor and City Council of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes . 2. Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S. INSALACO ,^ Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Resolution No. 12-02 Page 2 of 2 EXHIBIT A PARCEL 1 (Adjacent to parcel 103-05-001A) The South thirty-three feet (33' ) of the Northeast quarter of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Am.__ Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty feet (50' ) THEREOF; PARCEL 2 (Adjacent to parcel 103-05-016) The North thirty-three feet (33' ) and the South thirty-three feet (33' ) of the Southeast quarter of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty feet (50' ) THEREOF; PARCEL 3 (Adjacent to parcel 103-05-016) The West thirty-three feet (33' ) of the Southeast quarter of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; PARCEL 4 (Adjacent to parcel 103-05-015) The East thirty-three feet (33' ) of the Southwest quarter of the Northeast quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; PARCEL 5 (Adjacent to parcel 103-05-017A) The North thirty-three feet (33' ) of the Northeast quarter of the Southeast quarter of the Northeast quarter of the Southeast quarter of Section 22, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona; EXCEPT the East fifty (50' ) THEREOF. Resolution No. 12-02 EXHIBIT "B" JUNCTION STREET 7 I- --71- 1 1 02B 1 I I CI Q <I I I I ,... I rI I I W 01A CC 02C 1 1 I I I I I I1 I I I — 33' -- , - - I — — — — / /e /// 1 FIRST �(,( ___/ I F I I 33' _ _ 1 1 66' Atom1 1 I 1 pH 015 016 1 ---1 1 I 0 _ co J O I 01 I I I I 33' I [0__ J I //./- - - - - - 50, -0-1 SECOND / / H 1 P 1 1 66' I 18BI 1 I 17A 1 I 1 I I 1 1 26 B SURROUNDING PARCELS —-— ROAD CENTERLINE / /� PROPOSED EXTINGUISHMENT z EX-12-02 2012-01 19 DWS ROLL CALL VOTE NOTES: ITEM # MEETING OF c4kfi) MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY eg i EV N A COUNCILMEMBER BARKER I/ COUNCILMEMBER SMITHSON ✓ MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 I MOVE THAT RESOLUTION NO. 12-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON FIRST AVENUE AND SECOND AVENUE FROM WAGONWHEEL ROAD TO GOLDFIELD ROAD, AND WAGONWHEEL ROAD FROM FIRST AVENUE TO SECOND AVENUE, AND DESCRIBED IN EXTINGUISHMENT CASE EX-12-02, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED). t.pAC lit � City of Apache )unction U z Home of the ,ri pei:cmzon .loin/t tiros .4pizOto' 1,Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: February 7, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Budgeted Operational Item TITLE OF AGENDA ITEM• DIRECTION TO STAFF ON THE METRO PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests council direction on how to proceed with the Metro Phoenix Municipal Employee Benefit Trust, an option in obtaining more cost effective health care benefits for its employees Council heard an overview on the methodology and processes on this pool at the February 6, 2012, Work Session FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: RECOMMENDATION. ATTACHMENTS: Click to download No Attachments Available Ask I,.lROL CALL VOTE (fr. NOTESPri)/1 r ,N rj / 61)/ i r V .1)/, 1 Y ( / L)--Ii\- 7 1 , q))1 \\ ll I ()/ ITEM # Ai MEETING OF 10 )Au,/ MOTION BY: • SECONDED BY: Yyr NO ABSTAINED COUNCILMEMBER SMITHSON COUNCILMEMBER BARKER \)(# i I Y6NR IXE , OU ILCBO1crfAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACOlt./1// UNANIMUS IN FAVOR OPPOSED ABSTAINED TOTAL \, .••. . .. r .•. ITEM NO. 11 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE METRO PHOENIX MUNICIPAL EMPLOYEE BENEFIT TRUST. ROLL CALL VOTE NOTES 1‘)4/V1j3\ \TV 97k\ 9/ ITEM # MEETING OF kYV\i MOTION BY: SECONDED BY: r` YES NO ABSTAINED NCILMEMBER COLEMAN COUNCILMEMBER SMITHSON COUNCILMEMBER SERDY V COUNCILMEMBER BARKER COUNCILMEMBER WILSON V 17TC IVIAYORJTETZ 0 MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12-13 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M. AND A WORK SESSION AT 7.00 P.M. BE HELD ON MONDAY, FEBRUARY 20, 2012, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P M BE HELD ON TUESDAY, FEBRUARY 21, 2012 IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS: cf 17- REG 211q ) k SPEC: CITY COUNCIL: P I A P I A P / A MAYOR INSALACO I VICE MAYOR DIETZ COUNCILMEMBER BARKER COUN J 4 M O,h NA COUNCILMEMBER SERDY I COUNCILMEMBER SMITHSON V I/ COUNCILMEMBER WILSON r� TOTAL CITY STAFF y�\P ' 1 City Manager George Hoffman V ; ✓ Assistant City Manager Bryant Powell City Clerk Kathleen Connelly ✓ tj City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham R. Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley '1/4 ' Economic Development Director Steve Filipowicz Assistant to the City Manager Matt Busby OTHERS: d it" eity), f1 p) (4\ tipiP Date: . 7 /-. City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yesri-- No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. L / 3 6&A-Ty Name (Print) 33c U (- tin /l!e S/'/y g5t /3 Address City Zip Code 778- /SSA r Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/1 8/09 Date: ) 7'/ ? City of Apache Junction Item No. Request to Speak Form or Call to The Public / (One Form Per Item) Please fill out completely and return to the City Clerk 1 prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item?( Yes) No❑ Only If Necessary E ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. 0''1 Yak nl I<t/K I Name (Print) / 770 N- #"y8 imicHE & 1 713A) i ✓t2 35700 Address City Zip Code ) 47 - 3 -/obY Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: I (- City of Apache Junction (tern No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ NOD Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) VIM \ al1(.1-)R A 51 0 (` Address City Zip Code boa- 5TO- 74 3- Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/1 8/09 Date:, i City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk ) prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes$. No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. 4/1- i- / - Name (Print) Address City Zip Code l'e.2 Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/1 8/09 Date: - � `"f� City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk ► prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No❑ Only If Necessary E E I am in favor of the proposed Item. ❑ If am opposed to the proposed Item. Name (Print) A) , 7ft, 0 Address City Zip Code } Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. 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