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HomeMy WebLinkAbout2013 06.18 City Council Regular Agenda City of Apache Junction, Arizona Meeting location City Council Chambers t6 at City Hall Agenda 30p0 E Superstition Blvd Apache Junction,AZ 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,June 18,2013 7.00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These 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 pnor 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 13-099 Acceptance of agenda Consideration and action. 2 13-101 Approval of minutes of regular meeting of June 4, 2013 Consideration and action. 3 13-095 The mayor and council shall consider approval of Resolution No 13-25 authorizing the mayor to execute Amendment No 1 to the Phoenix-Mesa Gateway Airport Authority (PMGAA)Amended and Restated Intergovernmental Agreement, the PMGAA Amended and Restated Joint Powers Airport Authority Agreement and the PMGAA and the City of Apache Junction Loan Agreement; and authorizing city staff to implement all necessary actions to fulfill the agreement obligations Consideration and action 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 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 City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 City Council Meeting Agenda June 18,2013 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 clanfication inquiries 4. 13-107 City Manager's report Presentation. 5. 13-092 Legislative Update Presentation and discussion 6 13-111 Presentation and discussion on the city's agenda management software Presentation and discussion 7. 13-112 Police Department Update Acting Police Chief Thomas Kelly will introduce Officer Justin Griffith and new Canine Officer Daimont and provide an update Presentation and discussion. 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 8 13-102 Application for an interim permit, new license, limited liability company, series 10 liquor license for Date Tree located at 2925 W Superstition Blvd The next step in the procedure is for the city council to hold a public hearing and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control. Consideration and action 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. 9. 13-096 Presentation and discussion on quarterly update on the Downtown Redevelopment and Implementation Strategy (DRIS) The DRIS, adopted by the city council with the approval of Resolution No 10-34, recommends specific goals and strategies geared toward fostering revitalization in the downtown The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto This item is identified in the Fiscal Year 2012-2013 City Council Work Plan Presentation and discussion City of Apache Junction,Arizona Page 2 Printed on 6/11/2013 16. City Council Meeting Agenda-Draft June 18,2013 J. 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 wntten request-to-speak form with the city clerk K. COUNCIL DIRECTION TO STAFF ... This item allows the mayor and city council to direct staff on specifically listed matters L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 10 13-105 Executive Session at 5.45 P M and Work Session at 7 00 P M for Monday, July 1, 2013 11. 13-106 Executive Session at 5 45 P M for Tuesday, July 2, 2013 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 on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays If any person with a disability needs any type of accommodation, please notify Human Resources at(480) 474-2617 or(480)983-0095(TDD)at least 72 hours pnor to the scheduled time City of Apache Junction,Arizona Page 3 Printed on 6/11/2013 CITY COUNCIL REGULAR MEETING JUNE 4, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 4, 2013, at the Apache Junction City Council Chambers pursuant to the notice .•. 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 Vice Mayor Dietz led the Pledge of Allegiance ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Safety Director/Deputy Chief Tom Kelly Public Works Director Giao Pham Assistant to the City Manager Matt Busby Others Present: Program Coordinator Heather Patel REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 1 OF 13 eaS Community Relations Manager Pat Brenner ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 13-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE ems GENERAL ELECTION HELD ON MAY 21, 2013, BE APPROVED; AND THAT RESOLUTION NO. 13-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY FOR PHASE I OF SAFETY PULLOUTS ALONG IRONWOOD DRIVE BETWEEN GUADALUPE ROAD AND ELLIOTT ROAD WITH A CITY COST NOT TO EXCEED $17, 491 . 91, BE APPROVED; AND THAT RESOLUTION NO. 13-20, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY FOR PHASE II OF SAFETY PULLOUTS ALONG IRONWOOD DRIVE BETWEEN GUADALUPE ROAD AND ELLIOTT ROAD WITH A CITY COST NOT TO EXCEED $20, 478 . 00, BE APPROVED; AND THAT RESOLUTION NO. 13-21, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGAM GRANT MONEY FOR PHASE III OF SAFETY PULLOUTS ^1 ALONG IRONWOOD DRIVE BETWEEN GUADALUPE ROAD AND ELLIOTT ROAD WITH A CITY COST NOT TO EXCEED $19, 904 . 00, BE APPROVED. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 2 OF 13 City Clerk Kathleen Connelly gave the oaths of office to Mayor- elect Insalaco, Councilmember-elect Evans, Councilmember-elect Rizzi and Councilmember-elect Waldron and presented them with certificates of election. She announced that the obligations of state law and city code had been met and the newly sworn members could proceed with their official duties . Mayor Insalaco presented Rick Dietz with a plaque in recognition for his many years of community service as a councilmember and vice mayor. CITY MANAGER' S REPORT City Manager George Hoffman congratulated the newly-elected and thanked retiring Vice Mayor Rick Dietz, announced the Open Space Committee will give a presentation at the parks commission meeting, read a letter from the Safford chief of police thanking the Apache Junction Police Department for their assistance on May 21, and letters complimenting Officer Harshman, Parks and Recreation Administration Secretary Mary March and Library Circulation Supervisor Karen Rauls . Assistant to the City Manager Matt Busby gave a brief update on current legislation issues that impact the city. Councilmember Waldron commented he read today that the governor is going to dig her heels in, stating she has given enough and she is not interested in any more compromises . Assistant to the City Manager Matt Busby stated they did quote that in the newspaper article. There is a senate and a house that also have a say in it . If she wants simplification, she has to work with everyone . Councilmember Waldron commented he wanted everyone to know that she is not on our side on this one. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy welcomed Christa Rizzi to the council and congratulated Dave Waldron on his re-election. He also thanked Rick Dietz . REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 3 OF 13 Councilmember Serdy commented they always have new residents moving in and he wanted to remind them that it is time to stop hiking until about October. Mayor Insalaco announced he went to an opening of a new bank called Trust Bank last Wednesday. They are new to the East Valley The East Valley Partnership showed a little video there on the East Valley branding and he is requesting the city manager get it here for people to see . He was happy that they did not leave Apache Junction out . Councilmember Barker congratulated the Class of 2013. PUBLIC HEARINGS RESOLUTION NO. 13-16, AUTHORIZING THE CITY TO SUBMIT A GRANT APPLICATION FOR FISCAL YEAR 2013 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2013 STATE SPECIAL PROJECT FUNDS Program Coordinator Heather Patel briefed the council on the item Councilmember Barker asked her to go into what commercial rehab entails; what they are looking at for $30, 000 per building. Program Coordinator Heather Patel stated it can be a variety of different things . They can do exterior rehabilitation where they could do a facade, an awning or a canopy out front . Anything that is facing the street they can make improvements on so that it is safer, more attractive or something along that line. They can also do signage, either a monument sign or one that is on the building. Any building code issues can be done, any violation or a potential for it . Some landscaping improvements could also be done. The concept of the commercial rehabilitation program is to make improvements to the commercial buildings within a certain area so that it helps revitalize an area. More investments are put into those buildings to hopefully see more investment within the community. She continued with her briefing. REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 4 OF 13 Councilmember Waldron asked if the commercial rehab program is the one where they talked about a graduated forgiveness of the grant . Program Coordinator Heather Patel stated that is correct . Councilmember Serdy commented 001. they will discuss this later and pick one then. There is no discussion on this right now. Program Coordinator Heather Patel stated they would have to do another public hearing to obtain any other potential projects or comments from the public. There is a resolution before them this evening to select a Community Development Block Grant and a State Special Projects project . Mayor Insalaco opened the public hearing on the item. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated he would like to see them do something that creates more good. The roads are lacking and it seems they are starting to focus on that . He is glad to see that. A nationwide problem is the very high unemployment of youth. He asked them to consider that and how some of the money from the project picked could trickle down to those young people in some manner. Ms . Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council. She stated the focal point and tourism committee' s concentration is on the downtown area. She has no new suggestions . It would be nice to have sidewalks and streets for everyone, but she feels the focal point would have more effect on people, especially those coming to our city. If they come to the focal point they see the old buildings there. Fixing them up might entice more people and businesses to move here. It could bring in more tax money. It might be a better bang for our buck than putting in sidewalks and streets . REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 5 OF 13 Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Serdy commented he agreed with that train of thought. For $30, 000, if they can attract and keep businesses, with the additional tax dollars coming in they can pay for the roads and the police department. It would be nice to be able to help everyone. Councilmember Rizzi asked if it would be an either or, the business revitalization or the sidewalks . Program Coordinator Heather Patel stated they would do one project per grant application. Commercial rehab could be one and the sidewalks could be the other. Councilmember Rizzi commented one of the benefits she has seen going through the different neighborhoods needing improvement is that when we make the improvements with the streets and the sidewalks, it tends to invite people to clean up their personal property on their own which would also entice more people to come to the community, along with businesses. She thinks they are all good options for funding. Councilmember Barker commented she thinks the commercial rehab might fit Mr. Fisher' s plan also. It would build up more businesses that then could employ more people. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron asked if they need to name the projects in the motion. Program Coordinator Heather Patel stated they do. REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 6 OF 13 Councilmember Waldron MOVED THAT RESOLUTION NO. 13-16, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FY 2013 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") , THE PROJECT BEING COMMERCIAL REHAB, AND FY 2013 STATE SPECIAL PROJECTS ("SSP") FOR THE DRAINAGE AND STREET IMPROVEMENTS, FUNDS, AND CERTIFYING THAT THE APPLICATIONS (1) MEETS THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATIONS, BE APPROVED. Councilmember Barker SECONDED THE MOTION. There was general discussion as to what streets would be considered for improvement . The streets were Cody, Cholla, Ohio and Pinyon. Only three of these streets would be improved and it would be the worst three as determined by engineering that will be completed before the application is sent in. Councilmember Serdy asked if the other ones do not get submitted if they pick the street improvements . Councilmember Barker stated the Community Development Block Grant is for the commercial rehab and the State Special Projects is for the street improvements . Councilmember Serdy commented they are both in there then and voted yes . VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 7 OF 13 DESIGNATION OF CITY COUNCIL CHECK SIGNATORIES City Clerk Kathleen Connelly briefed the council on the item. Councilmember Barker asked if she wanted names or titles . Mayor Insalaco commented it has to be the titles. City Clerk Kathleen Connelly stated she needs the title and name Mayor Insalaco commented they do not know who the vice mayor is yet. City Clerk Kathleen Connelly stated they would never designate a check signer under the title of vice mayor because that is not how that person was elected by the voters. The person was elected as a council member by the voters Councilmember Waldron MOVED THAT THE FOLLOWING COUNCIL REPRESENTATIVES BE DESIGNATED AS CHECK SIGNERS IN ADDITION TO THE CITY CLERK: MAYOR JOHN INSALACO AND COUNCILMEMBER ROBIN BARKER. Councilmember Evans SECONDED THE MOTION VOTE: Unanimous. The motion carried. NOMINATION AND SELECTION OF VICE MAYOR AS REQUIRED BY CITY CODE City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a motion. REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 8 OF 13 a Councilmember Barker MOVED THAT WE OPEN THE NOMINATIONS FOR THE OFFICE OF VICE MAYOR. Councilmember Waldron SECONDED THE MOTION VOTE: Unanimous . The motion carried. Mayor Insalaco asked for any nominations . Councilmember Waldron MOVED THAT COUNCILMEMBER ROBIN BARKER BE NOMINATED AS VICE MAYOR. Mayor Insalaco asked for any more nominations . Councilmember Wilson MOVED TO NOMINATE JEFF SERDY FOR VICE MAYOR. Mayor Insalaco asked if there are any more nominations three more times . There being no more nominations, he called for a roll call vote. City Clerk Kathleen Connelly stated he first needs to close the nominations . Councilmember Waldron MOVED THAT THE NOMINATIONS FOR THE OFFICE OF VICE MAYOR BE CLOSED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly stated they will now go back to the names in the order in which they were offered. This would be for the NOMINATION OF MS. BARKER FOR VICE MAYOR. REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 9 OF 13 VOTE: 4-3 (Councilmembers Rizzi, Serdy and Wilson voted in opposition. The motion carried. City Clerk Kathleen Connelly stated even though there is another name or nomination, the fact that this one received has received the majority stops the voting. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JUNE 17, 2013, 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, JUNE 18 , 2013, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Wilson SECONDED THE MOTION. VOTE : Unanimous The motion carried. There was general discussion on an upcoming budget work session. The consensus was for Monday, June 17, due to the ability to shift items on the work session agenda to the regular meeting if necessary. Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE BUDGET WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JUNE 17, 2013, IN THE CITY COUNCIL CHAMBERS. REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 10 OF 13 Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. The motion carried. There was general discussion /1 on the date and time for a special meeting for the tentative budget. Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE SPECIAL MEETING FOR TENTATIVE BUDGET ADOPTION AT 7 : 00 P.M. BE HELD ON MONDAY, JULY 1, 2013, IN THE CITY COUNCIL CHAMBERS. Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. There was general discussion on the special meeting for final budget adoption. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THE SPECIAL MEETING FOR FINAL BUDGET ADOPTION AT 7 : 00 P.M. BE HELD ON MONDAY, AUGUST 5, 2013, IN THE CITY COUNCIL CHAMBERS. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 11 OF 13 Mayor Insalaco commented the vice mayor always sits to the right side of the mayor. He advised the council to look for their name plates when they come in the next time as there will be some changes. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the Boys and Girls Club having a raffle for a 2013 Chevrolet Cruze donated by Chapman Chevrolet. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding alleged improprieties in the March election, retail establishments creating jobs for kids, and council ethics. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 10 p.m. Consent Agenda Items are as follows 1. Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of May 7, 2013. 3. Consideration of Resolution No. 13-22, declaring and adopting the result of the general election held on May 21, 2013 . 4 . Consideration of Resolution No 13-19, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for use of Highway Safety Improvement Program funds for Phase I of safety pullouts along Ironwood Drive between Guadalupe Road and Elliott Road with a city cost participation not to exceed $17, 491. 91. 5. Consideration of Resolution No. 13-20, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for use of Highway Safety Improvement Program funds for Phase II of safety pullouts along Ironwood Drive between Guadalupe REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 12 OF 13 Road and Elliott Road with a city cost participation not to exceed $20, 478 . 00 . 6. Consideration of Resolution No. 13-21, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with the Arizona Department of Transportation for use of Highway Safety Improvement Program funds for Phase III of safety pullouts along Ironwood Drive between Baseline Road n and Guadalupe Road with a city cost participation not to exceed $19, 904 . 00. ACCEPTED THIS 18TH DAY OF JUNE, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF JUNE, 2013. JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and ON correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 4th day of June, 2013 I further certify that the meeting was duly called and held and that a quorum was present Dated this 10th day of June, 2013 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 4, 2013 PAGE 13 OF 13 saw City of Apache Junction, Arizona 300 E Superstition r + Boulevard tt ..* Apache Junction,AZ 85119 Master File Number: 13-095 File ID. 13-095 Type: Resolution Status. Consent Agenda Version 1 Reference In Control. City Council Meeting Cost. File Created. 06/05/2013 File Name Gateway Airport (PMGAA) Resolution Consent Final Action. Agenda Title. The mayor and council shall consider approval of Resolution No 13-25 authorizing the mayor to execute Amendment No 1 to the Phoenix-Mesa Gateway Airport Authority (PMGAA)Amended and Restated Intergovernmental Agreement, the PMGAA Amended and Restated Joint Powers Airport Authority Agreement and the PMGAA and the City of Apache Junction Loan Agreement, and authorizing city staff to implement all necessary actions to fulfill the agreement obligations Consideration and action. Notes. Agenda Date 06/18/2013 Indexes. Economic Development Sponsors. Busby Enactment Date Attachments. Resolution No 13-25 Phx-Mesa Gateway Airport Enactment Number: Authority,Amended and Restated IGA,Amended and Restated Joint Powers Agreement, Loan Agreement Contact. Hearing Date. Drafter mbusby©ajcity net Effective Date. History of Legislative File Ver- Acting Body Date Action Sent To Due Date. Return Result. sion Date 1 City Council Meeting 06/18/2013 Text of Legislative File 13-095 The mayor and council shall consider approval of Resolution No 13-25 authorizing the mayor to execute Amendment No 1 to the Phoenix-Mesa Gateway Airport Authority (PMGAA) Amended and Restated Intergovernmental Agreement, the PMGAA Amended and Restated Joint Powers Airport Authority Agreement and the PMGAA and the City of Apache Junction Loan Agreement, and authorizing city staff to implement all necessary actions to fulfill the agreement obligations Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 Master Continued(13-095) On April 29, 2013 Mayor Insalaco sent a letter to the chairman of the PMGAA board of directors, requesting formal representation of the city on the PMGAA board. On June 17, 2013, the PMGAA board will consider and possibly adopt all necessary documents approving that request As a result, the city council will also have to adopt these documents if they wish to formalize the city's membership on the board. To participate as a member of the PMGAA, members agree to contribute annual loans for capital and operating purposes The loan for the city's membership in Fiscal Year 2013-2014 includes an initial investment loan amount of $400,000 00, and the first of five annual loans of$130,000 00 City of Apache Junction,Arizona Page 2 Printed on 6/11/2013 RESOLUTION NO. 13-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT, THE PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT AND THE PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AND CITY OF APACHE JUNCTION LOAN AGREEMENT; AND AUTHORIZING CITY STAFF TO IMPLEMENT ALL NECESSARY ACTIONS TO FULFILL THE AGREEMENT OBLIGATIONS . WHEREAS, the United States government announced its intent to close Williams Air Force Base ("Williams") located at Power and Williamsfield Roads, Mesa, Arizona, as an operating location of the United States Air Force no later than September 30, 1993; and WHEREAS, Williams had existing aviation facilities suited to be acquired, developed and operated as a civilian airport facility pursuant to Arizona Revised Statutes ("A.R. S . ") § 28- 8521 , et seq. ; and WHEREAS, Maricopa County and the cities and towns of Apache Junction, Queen Creek, Mesa, Gilbert and Chandler were interested in the redevelopment of the base as a passenger and cargo airport; and WHEREAS, pursuant to this interest, on or about August 7, 1992 , these public entities entered into two intergovernmental agreements setting forth the purpose and goal statement for the reuse of Williams and a transitional management plan, operating agreement and ownership structure of the facility, both agreements being effective from September 1 , 1992 through September 30, 1993; and WHEREAS, during the pre-base closure transitional time period, the City of Apache Junction decided not to further participate in this public partnership; and WHEREAS, the original Joint Powers Airport Authority Agreement ("JPAAA") was created and entered into as of May 19, RESOLUTION NO. 13-25 PAGE 1 OF 3 1994, by and among the cities and towns of Gilbert, Mesa and Queen Creek; and WHEREAS, pursuant to an Amended and Restated Agreement dated May 22 , 2006 the Gila River Indian Community and City of Phoenix were added as members of the JPAAA; and WHEREAS, in 2009, the 2006 members entered into an amended agreement establishing the Phoenix-Mesa Gateway Airport Authority (the "Authority") ; and WHEREAS, the City of Apache Junction now desires to become a meaningful proprietor and member of the airport authority along with the other members; and WHEREAS, the Authority desires to amend and restate the agreement to include Apache Junction as a member of the Airport Authority; and WHEREAS, Apache Junction' s inclusion in the Authority will provide another financial partner to help develop the airport facilities; and WHEREAS, Apache Junction' s inclusion will also assist the City in being aware of airport operations and directives, and will also allow the City to have a voice in how aviation operations will be handled which affect the economic vitality of the community; and WHEREAS, the City of Apache Junction, pursuant to the authorizing documents, shall be responsible to pay an annual fee of $130, 000, with a onetime $400, 000 facilities contribution, all of which amounts are considered a repayable loan over the life of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I: The Mayor is authorized to execute the Phoenix- Mesa Gateway Airport Authority Amended and Restated Joint Powers Airport Authority Agreement, Amendment No. 1 to the Phoenix-Mesa Gateway Airport Authority Amended and Restated Intergovernmental Agreement and the Phoenix-Mesa Gateway Airport Authority and City RESOLUTION NO. 13-25 PAGE 2 OF 3 of Apache Junction Loan Agreement, as set forth in Attachments A, B and C. SECTION II : City staff is authorized to take any and all necessary steps to effectuate the purpose, intent and obligations of the partnering agreements referenced herein and to pay any and all amounts due under the terms of the loan agreement. �- APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2013 . SIGNED AND ATTESTED TO THIS DAY OF 2013. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: ti R. JOEL STERN City Attorney RESOLUTION NO. 13-25 PAGE 3 OF 3 AMENDMENT NO. 1 to the AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT (PHOENIX-MESA GATEWAY AIRPORT AUTHORITY) /'1, THIS AMENDMENT NO 1 TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT (this "Amendment No. 1"), amending that certain Amended and Restated Intergovernmental Agreement, dated May 22, 2006, and filed with the Arizona Secretary of State on July 20, 2006 (the "2006 IGA") is entered into as of the 1st day of July, 2013 (the "Effective Date"), by and among the PHOENIX-MESA GATEWAY AIRPORT AUTHORITY, an Arizona joint powers airport authonty (the "Authority" or "PMGAA"), the TOWN OF GILBERT, an Arizona municipal corporation, as a Member of the Authonty ("Gilbert"), the CITY OF MESA, an Anzona municipal corporation, as a Member of the Authonty ("Mesa"), the TOWN OF QUEEN CREEK, an Arizona municipal corporation, as a Member of the Authonty ("Queen Creek"), the GILA RIVER INDIAN COMMUNITY as a Member of the Authonty (the "Community"), the CITY OF PHOENIX, an Anzona municipal corporation, as a Member of the Authority("Phoenix") and the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("Apache Junction"), collectively the"Parties"or"Members." RECITALS A. Gilbert, Mesa, Queen Creek, the Community and Phoenix are Members of the Authonty pursuant to the Amended and Restated JPAAA dated May 22, 2006, filed with the Arizona Secretary of State on July 20, 2006 (the"2006 PMGAA Agreement"). B. The Authonty was established pursuant to Arizona Revised Statutes ("A R S "), Section 28-8521, et seq for the purposes of acquiring, developing and operating an airport and related facilities (the "Airport Facilities") located on a portion of the property formerly known as Williams Air Force Base (the "Base Property"), now known as the Phoenix-Mesa Gateway Airport(the "Airport"). C. Apache Junction has requested and the Authonty and its Members have approved Apache Junction as a Member of the Authority, by adopting, along with Apache Junction, the Amended and Restated Joint Powers Airport Authonty Agreement dated and filed with the Arizona Secretary of State on ("2013 PMGAA Agreement") D The Authority, Gilbert, Mesa, Queen Creek, the Community and Phoenix entered into the 2006 IGA to add Phoenix as a Member of the Authority and to establish Phoenix's financial contribution to the Phoenix-Mesa Gateway Airport Authority E To date, Mesa, Gilbert, Queen Creek, the Community and Phoenix have contnbuted more than $80 million to the operation, maintenance and development of the Airport. CAS akr 19601812 6/11/2013 1 PIS F. Apache Junction intends to become a meaningful proprietor, along with the other Members of the Authority, which are also meamngful proprietors of the Authority, by participating as a Member of the Authonty. G The Authority is interested in adding another financial partner to help develop the Airport and the Airport Facilities. H. The Authority, Gilbert, Mesa, Queen Creek, the Community, Phoenix, and eiN Apache Junction desire to amend the 2006 IGA to recognize Apache Junction as a Member of the Authority and to establish Apache Junction's financial contribution to the Authority. AMENDMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to the terms of Amendment No 1 as follows, all other terms and conditions of the 2006 IGA to remain in full force and effect. Section 1. Apache Junction Agreement Apache Junction hereby agrees to all the terms and conditions set forth in the 2006 IGA Upon the approval of all Parties to this Amendment No. 1, all references to "parties" or"party" or"members"or"member" in the 2006 IGA shall include Apache Junction. Section 2. Development of Authority's Budget. 2.1 Each Member shall contribute funds for the PMGAA annual (operating and capital)budget as approved by the Authority's Board of Directors pursuant to Sections 8 and 9 of the 2013 PMGAA Agreement 2.2 For fiscal year 2014, in addition to its annual Member contribution for fiscal year 2014, Apache Junction will contribute a one-time payment of$400,000 to the Authority This investment will evidence Apache Junction's meamngful participation in the Authority, the proprietor of the Airport 2 3 Apache Junction will commit a minimum of $130,000 as its annual Member contribution for fiscal years 2014-2018 CAS akr 1960181 2 6/11/2013 2 Section 3. Notices. Section 15 of the 2006 IGA is amended to include the following information• City of Mesa 20 E Mam Street Mesa,Arizona 85201 Attention City Manager City of Apache Junction 300 East Superstition Boulevard Apache Junction,Arizona 85119 Attention. City Manager Section 4. Approving Action of Amendment. 4 1 Copies of appropriate action by ordinance, resolution or otherwise authorizing the respective Parties approving this Amendment No. 1 are attached hereto as Exhibit A and incorporated herein by reference Section 5. Counterparts. 5 1 This Amendment No. 1 may be executed in any number of counterparts, all such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed original hereof. Section 6. Affirmation of 2006 IGA. 6 1 Except as specifically amended by this Amendment No. 1, the provisions of the 2006 IGA are hereby affirmed and remain in full force and effect eIN [SIGNATURE PAGE FOLLOWS] CAS alv 1960181 2 6/11/2013 3 f IN WITNESS WHEREOF, the Parties hereto have approved and executed this Amendment No 1 to be effective as of the date set forth above Attest. PHOENIX-MESA GATEWAY AIRPORT AUTHORITY By By Board Secretary Scott Smith,Chairperson Attest. TOWN OF GILBERT By By Town Clerk John Lewis,Mayor Attest CITY OF MESA By By City Clerk Scott Smith,Mayor Attest. TOWN OF QUEEN CREEK By By Town Clerk Gail Barney,Mayor Attest GILA RIVER INDIAN COMMUNITY By By Gregory Mendoza,Governor Attest. CITY OF PHOENIX By By City Clerk David Cavazos,City Manager Attest CITY OF APACHE JUNCTION By By City Clerk John Insalaco,Mayor CAS akr 1960181 2 6/11/2013 4 DETERMINATION OF LEGAL COUNSEL The foregoing Amendment No 1 has been reviewed by the undersigned attorneys who have determined that, with respect to their respective clients only, it is in proper form and within the power and authority granted under the applicable laws of each party Date Phoenix-Mesa Gateway Airport Authonty Attorney Date Gilbert Town Attorney Date Mesa City Attorney Date Queen Creek Town Attorney Date Gila River Indian Community Attorney Date Phoenix City Attorney Date Apache Junction City Attorney CAS.akr 1960181.2 6/1 1/2013 5 EXHIBIT A TO AMENDMENT NO. 1 to the 2006 IGA [Approving Action] See following pages. CAS alv 1960181.2 6/11/2013 A-1 PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT This Amended and Restated Joint Powers Airport Authority Agreement (the "Agreement") establishing and continuing the Phoenix-Mesa Gateway Airport Authority (the "Airport OP1 Authority"), is made and entered mto as of day of , 2013, pursuant to Arizona Revised Statutes Section 28-8521, et seq, by and among the Town of Gilbert, an Arizona municipal corporation("Gilbert"),the City of Mesa,an Arizona municipal corporation("Mesa"),the Town of Queen Creek, an Arizona municipal corporation ("Queen Creek"), the Gila River Indian Community ("Community"), a , the City of Phoenix, an Arizona municipal corporation ("Phoenix"), and the City of Apache Junction, an Arizona municipal corporation ("Apache Junction") (collectively and individually, "Members" or"Member") The parties to this Agreement agree as follows. Section 1 Recitals. 1.1. The United States closed Williams Air Force Base ("Williams") as an operating location of the United States Air Force ("USAF"). 1 2 Williams had existing aviation facilities that are suited to be operated and developed as an airport facility pursuant to the jomt powers airport authority powers found in Arizona Revised Statutes("A R S ") Section 28-8521, et seq rs a ri ement was made and entered 1 3 The original jomt powe uport autho ty agre into as of 19th day of May, 1994, by and among the Gilbert,Mesa, and Queen Creek and recorded on May 19, 1994, as Instrument No. 94-0400695, official records of Maricopa County, Arizona 1 4 Through the original joint powers airport authority agreement, rt was the desire of Gilbert,Mesa, and Queen Creek that the jomt powers airport authonty agreement take the place of and cancel the Intergovernmental Agreement(Williams Air Force Base-Management and Operation)that was recorded on December 14, 1992 at Recorder's No 92-0712408 in the records of Maricopa County, Arizona,the substance of which was incorporated in the ongmal joint powers airport authority agreement. 1.5 By entering into the original joint powers airport authority agreement, the parties to that agreement desired to establish a joint powers airport authority to develop, reuse, operate, and mamtam the existmg Williams aviation facilities. Upon establishment of the joint powers airport authonty,the new facilities were known as the Williams Gateway Airport Authority 1 5 1 Via 1995 and 2006 Amendments to the original joint powers airport authority agreement, the Community and Phoenix were added as Members of the Airport Authority, respectively CAS akr 1947685 6 6/11/2013 1 '^ 1 5 2 Via 2009 Amendment, the legal name of the entity was changed to the Phoenix-Mesa Gateway Airport Authority. 1.6 Apache Junction desires to become a Member of the Airport Authority. 1 7 The parties agree, pursuant to the adoption of this Agreement, that Apache Junction shall be a Member of the Airport Authority, effective as of July 1, 2013. Section 2 Formation of Authority. 2.1. Upon approval and execution of this Agreement by all the parties, a joint powers airport authority called the Phoenix-Mesa Gateway Airport Authority is formed with all parties as Members pursuant to A R S Section 28-8521,with all powers granted to it under Anzona law. Section 3 Board of Directors and Officers. 31 Upon execution of this Agreement, each Member shall appoint one representative to act with the authority of the appomting Member for the purpose of implementing this Agreement Each Member shall also designate at least one alternate representative to act with the authority of the appointing Member in the absence of the representative The appointed representative and all alternates shall be duly elected or appointed members of the governmg body of the appointing Member Notice of such appointment and of any subsequent replacement appointment shall be delivered m writing to the other Members of the Airport Authority 3.2 The appomting authority as to each Member shall be each Member's respective governing body. 3 3 Each representative so appomted shall be a Director on the Board of Directors of the Airport Authonty The Board of Directors shall consist of only the representatives appointed by the Members of the Airport Authority In the absence of the representative or alternate representatives, any representative of the Member governing body attending Board meetmgs or otherwise implementmg this Agreement is presumed to act with the authority of the Member governmg body 3 4 The Board of Directors may establish a fixed time, date and place for regularly scheduled meetmgs Special meetings of the Board may be called by the Chairman on no less than 24-hours' notice to the public, and each Director, either personally or by mail or by facsimile or by telephone. Notice of meetings of the Board shall be provided and meetings shall be conducted m accordance with the Anzona open meeting law, A.R.S. Section 38-431, et seq Nothing herein shall prohibit the holding of an emergency session on less than 24-hours' notice m accordance with the provisions of the Arizona open meetmg law A Board Member may attend a Board meeting via electronic means, including telephonic conference The Board may conduct a telephonic Board meetmg so long as such telephonic meeting is conducted m accordance with the provisions of the Arizona open meeting law 3 5 A majority of the membership of the Board of Directors shall constitute a quorum A quorum shall be necessary to conduct the busmess of the Board. If a quorum is lost at CAS akr 1947685 6 6/11/2013 2 any meeting of the Board of Directors, the remaining Directors present at the meeting may recess the meeting from time to time, without notice other than an announcement at the meeting,until a quorum shall be present 3.6 The Board of Directors shall annually choose from its Directors a Chairman, a Vice Chairman and a Secretary,each of whom shall serve at the pleasure of the Board of Directors.The Board of Directors at any time may appoint such other officers and agents as it shall deem necessary who shall hold their offices at the pleasure of the Board of Directors and who shall exercise such powers and perform such duties as shall be determined from time to time by the Board 3 7 The Chairman, or in the Chairman's absence,the Vice Chairman, shall preside at all meetings of the Board of Directors In the absence of the Chairman and Vice Chairman, the Secretary shall preside at the meeting of the Board of Directors 3 8 The Secretary shall see that the minutes of all meetings of the Board of Directors are kept Section 4 Airport Authority Staff. 4 1 The Board of Directors shall employ an Executive Director and approve an annual budget for such other managers and staff as the Executive Director shall deem necessary to manage and conduct the operations, maintenance and development of the airport facilities m accordance with the provisions of this Agreement and policies and procedures approved by the Board of Directors. The Executive Director shall report directly to the Board of Directors and shall supervise the Airport Authority Staff Section 5 Ownership of Airport Facilities. 5 1 Upon conveyance by the USAF to the Airport Authonty, title to all or a portion of the certain aviation facilities, both real and personal property, formerly owned and operated by the USAF at Williams situated in the County of Mancopa, State of Arizona("Airport Facilities"),shall be held by the Airport Authonty. 5 2 The Airport Authority may acquire or convey real and personal property from time to time 5 3 Development, reuse, operation, and maintenance of the Airport Facilities shall be overseen by the Board of Directors and shall be conducted in accordance with the provisions of this Agreement and policies and procedures developed hereunder. 5 4 Each Member agrees that should said Member withdraw from the Airport Authonty pursuant to Section 10, effective upon such withdrawal, any ownership nghts of said Member in the Airport Facilities shall also terminate. A Member shall not be deemed to have withdrawn from the Airport Authority simply by virtue of the termination of this Agreement pursuant to Section 13 Each Member hereto also agrees to execute upon withdrawal any and all documents necessary to evidence and effectuate such withdrawal. CAS akr 1947685 6 6/11/2013 3 Section 6 Repayment of Funds Advanced byMembers of the Airport Authority. 6.1 The Airport Authority recognizes that payments previously made by Members of the Airport Authority shall be considered loans and shall be reimbursed to such Members by the Airport Authority at such time as the Airport Authority's Board of Directors deems appropriate In addition, the Airport Authority recognizes that any future payments made to the Airport Authority by the Members shall be considered loans and shall be reimbursed to the Members by the Airport Authority at such time as the Airport Authority's Board of Directors deems appropriate Section 7 Powers of the Phoenix-Mesa Gateway Airport Authority. The Phoenix-Mesa Gateway Airport Authority, acting through the Board of Directors, may 7 1 Own, operate, and mamtam property and facilities related to aviation, air navigation, and aerospace. 7 2 Own and lease property and facilities that are not related to aviation, air navigation, and aerospace. 7 3 Prescribe user fees and charges. 7 4 Operate facilities and construct improvements 7 5 If authorized by the Members, exercise the right of eminent domain in the names of the Members. 7 6 Engage employees and consultants. 7 7 Enter mto contracts, leases, and development agreements 7 8 Enter into agreements with the State of Anzona, any political subdivision of the State, or the federal government eRN 7 9 Prepare and receive annual operatmg budgets 7 10 Borrow money and issue revenue bonds, and issue other financial obligations incurred for the purposes of this Section and authorized under A R S Section 28-8521, et seq 7 11 Sue and be sued 7 12 Exercise incidental powers as may be necessary to the exercise of the powers prescribed in this Section and under A R S Sections 28-8527 and 28-8529, and to implement the responsibilities, goals,and purpose of the Airport Authority CAS akr 1947685 6 6/11/2013 4 Section 8 Voting Rights. 8 1 Each Member of the Board of Directors is entitled to one vote, and a motion will carry if supported by a majority of the quorum unless a Member requests that a weighted vote be taken. If a weighted vote is requested, then the following shall apply. 8 1 1 Each Member of the Board of Directors is entitled to a weighted vote equal to that Member's cumulative investment as a percentage of the total mvestment made by all current Members beginnmg in 1993 when the initial Intergovernmental Agreement Group was formed 8 1 2 If any Member's weighted vote calculated under this Section 8 exceeds 50%, then the weighted vote for that Member shall be deemed equal to the sum of the weighted vote of all the other Members combined In the event of such a weighted vote calculation, each Member's weighted vote shall be proportionately adjusted in order to provide that the weighted vote of all Members equals 100%combined 8.1.2.1 By way of example and not limitation, if a Member's weighted vote is calculated at 68%under Section 8.1.1, that Member's weighted vote would then be deemed to be 50%, with the remaining Members holding a proportionate share of the remaining 50% of the total weighted vote. 8 1 3 A two-thirds majority is required for a motion to carry 8 2 Weighted voting may not be invoked for votes being taken regardmg modifications to the approved airport layout plan and airport master plan, or for adjustments to the percentage contributions or the amounts of each Member contribution to the annual budget. Section 9 Operating Budget. 9 1 The fiscal year of the Airport Authority shall run from July 1 to June 30. 9 2 The Board of Directors shall, by April 1 of each fiscal year, recommend to the Members of the Airport Authority an annual operating budget for the Airport Authority for the next fiscal year and shall state the amounts of each Member contribution or proportion of the Airport Authority's annual operating budget to be provided by each Member At least thirty (30)days before the annual budget is recommended to the Members of the Airport Authority by the Board of Directors, the Board may consider adjustments to the amounts of each Member contribution or percentage contributions of each Member Adjustments to the amounts of each Member contribution or percentage contributions of any Member must be approved by a unanimous vote 9 3 By June 15 of each year,the Board of Directors shall, if necessary due to the addition or withdrawal of Members, have decided by a unanimous vote on the amounts of each Member contribution or a reallocation of the percentage contributions among the Members or have assigned each Member its pro rata increase or decrease in contribution CAS akr 1947685 6 6/11/2013 5 9 4 The governing bodies of the Airport Authority's Members, including any new Members admitted pursuant to Section 11 shall approve and adopt the operating budget recommended by the Board, as may be revised pursuant to Section 9.3, by June 30 of each year or withdraw from the Airport Authority pursuant to Section 10. 9.5 The Board of Directors may from time to time recommend to the Members of the Airport Authority amendments to the approved and adopted operating budget The governing bodies of the Members shall approve amendments to the operating budget or withdraw from the Airport Authority pursuant to Section 10 9 6 The Airport Authority shall adopt and periodically amend a reuse and development plan and a capital improvements plan Expenditures for or by the Airport Authority shall be consistent with these plans In addition, expenditures by the Airport Authority shall be limited to those items that directly relate to or benefit the operation and development of the Airport Facilities and the Airport Authority. Section 10 Withdrawal From Airport Authority. 10 1 No Member shall have the right to withdraw from the Airport Authority during the term of this Agreement except as provided in this Section. 10 2 At least one hundred twenty (120) days prior to the withdrawal deadline, a Member that intends to withdraw from the Airport Authority must provide a written notice of intent to withdraw to the Members of the Airport Authority, but if a Member provides a notice of intent to withdraw between one hundred twenty (120) and one hundred fifty (150) days prior to the withdrawal deadlme, then other Members may submit notices of mtent to withdraw up to thirty(30) days prior to the withdrawal deadline. The withdrawal deadlme shall be February 28 of each fiscal year 10 3 The withdrawing Member shall pay its pro rata annual budget allocation for the current fiscal year and its pro rata share of any outstanding obligations to which the withdrawing Member has obligated itself. Any obligations of the withdrawing Member shall remain outstanding until fully paid and satisfied Section 11 Admission To Airport Authority. 11 1 A city, town, county or American Indian Community may be admitted to the Airport Authority upon• (1)written request to the existing Members of the Airport Authority prior to February 1 of each fiscal year, (2)the unanimous approval of the existing Members of the Airport Authority no later than June 30 of each fiscal year but after recommendation of the annual budget to the Members of the Airport Authority, and (3) execution, acknowledgement, and deliverance to the Airport Authority of such instruments as the Members may deem necessary or advisable to effect the admission of such city, town, or county as an additional Member, includmg (without limitation) the written acceptance and adoption by such city, town, county or American Indian Community of the provisions of this Agreement 11.2 The fiscal obligations of a new Member are not effective until the beginning of the new fiscal year. CAS akr 1947685 6 6/11/2013 6 /, ON 11 3 The parties acknowledge that Gilbert, Mesa, and Queen Creek waived all notice and procedural requirements for admission of the Community when it became a Member of the Airport Authority, effective July 1, 1995 11.4 The parties hereby waive all notice and procedural requirements m this Agreement for admission that may apply to the admission of Apache Junction when it becomes a Member effective July 1,2013. Section 12 Effective Date. 12 1 This Agreement shall become effective (the "Effective Date") on the later of its filing with the Arizona Secretary of State and the Maricopa County Recorder in accordance with Section 19 hereof Section 13 Termination of Airport Authority. 13.1. This Agreement shall remain m full force and effect unless modified or terminated by written agreement of a majority of the Members of the Airport Authority This Agreement shall also be deemed terminated should all parties hereto have exercised their right to withdraw from the Airport Authority in accordance with Section 10 of this Agreement 13.2 Notwithstanding the right to withdraw set forth in Section 10, each party hereto agrees to remain a Member of the Airport Authority and to be bound by this Agreement for at least one year after the Effective Date 13 3 Unless otherwise agreed to by a majority of the Members of the Airport Authority, upon termination of this Agreement. 13 3 1 If one Member agrees to assume ownership of the Auport Facilities and agrees to assume the financial obligations of all Members, then the Airport Authority shall transfer title of the Airport Facilities to such Member ON 13.3.2 If no Member agrees to assume ownership of the Airport Facilities and the financial obligations of all Members, and if the State of Arizona agrees to assume such ownership and financial obligations, then the Airport Facilities shall be transferred to the State of Arizona 13.3.3 If the State of Arizona refuses to assume ownership of the Airport Facilities, then the Airport Facilities shall revert to the United States of America Section 14 Annual Report to Legislature. The Chairperson of the Board of Directors of the Airport Authority shall annually present a report of the activities of the Airport Authority to the State House of Representatives, Ways and Means Committee,and the State Senate Finance Committee CAS.akr 1947685 6 6/11/2013 7 Section 15 Governing Law. This Agreement and the obligations of the Members hereunder shall be interpreted, construed and enforced m accordance with the laws of the State of Arizona The court with the original jurisdiction for causes of action arising under this Agreement is the United States District Court for the State of Arizona The Community agrees to, and does hereby waive its sovereign immunity from the jurisdiction of the United States District Court for the State of Arizona m any action arising under this Agreement brought by or against the Community The Community further agrees to accept and be bound by, thereby waiving its sovereign immunity from, a judgment or order which is final (because either the time for appeal thereof has expired or the judgment or order is issued by a court PIN or other entity having final appellate jurisdiction over the matter is not subject to collateral attack) by any such court or any court or entity havmg appellate jurisdiction over any such court in any such action The Community waives its sovereign immunity to the enforcement of any such final judgment against it without limitation The Community hereby designates the Community's Governor as the appropriate party for the purposes of service of process If the United States District Court for the State of Arizona finds that it does not have jurisdiction in any action arising under this Agreement brought by or against the Community,then the Parties agree that the action shall be adjudicated through arbitration in the State of Arizona as follows i.) the parties shall attempt to agree upon one arbitrator with expertise on the subject matter of the dispute, ii.) if the parties are unable to agree on an arbitrator, each party shall select an arbitrator within ten (10) days of the commencement of the arbitration and the two(2) arbitrators shall mutually appoint a third arbitrator within twenty (20) days of their appointment If the two arbitrators are unable to agree on the appointment of a third arbitrator within twenty(20) days, the third arbitrator shall be appomted by the American Arbitration Association,and iii.) the arbitrator(s) shall confer with the parties immediately after appointment to determine an arbitration schedule including whether and to what extent discovery is required. The arbitrator(s) may set the matter for an evidentiary hearing or oral argument, or may dispose of the dispute based upon written submissions only. The decision of the majority of the arbitrator(s) shall be final, binding, and unappealable Such decision shall be enforceable in United States District Court for the State of Anzona The cost of arbitration shall be borne equally by the parties The parties shall bear their own costs and attorney's fees associated with their participation in the arbitration unless the decision of the arbitrator shall specify otherwise. Section 16 Amendments. This Agreement may be amended only by an instrument m writing approved and signed by all of the Members Section 17 Legal Counsel Review. This Agreement shall be submitted to the legal counsel for each party hereto prior to its execution by said party, in order to determine whether this Agreement is in proper form and is CAS akr 1947685 6 6/11/2013 8 PIN within the powers and authority granted under the laws applicable to said party. Attached hereto and incorporated herein by reference is a copy of said written determination of each party's legal counsel. Section 18 Notices. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail as follows Town of Gilbert 50 East Civic Center Drive Gilbert, Arizona 85296 Attention. Town Manager City of Mesa 20 E Main Street Mesa,Arizona 85201 Attention. City Manager Town of Queen Creek 22358 South Ellsworth Road Queen Creek, Arizona 85142 Attention. Town Manager Gila River Indian Community Administrative Offices P.O. Box 97 Sacaton, Arizona 85147 Attention. Lieutenant Governor City of Phoenix 3400 E Sky Harbor Blvd, Suite 3300 Phoenix, Arizona 85034 Attention Aviation Director City of Apache Junction 300 E. Superstition Blvd Apache Junction,AZ 85119 Attention City Manager Section 19 Filing. A completely executed copy of this Agreement shall be filed with the Arizona Secretary of State, the Mancopa County Recorder, and the City Clerk, or the Town Clerk, as appropriate, of each other party hereto CAS akr 1947685 6 6/11/2013 9 Section 20 Remedies. In the event of any violation or threatened violation by any party to this Agreement,of any of the terms, restrictions, acknowledgements, covenants or conditions of this Agreement, the other parties hereto shall be entitled to full and adequate relief by injunction and all other legal and equitable remedies Section 21 Cancellation. p This Agreement may be canceled pursuant to Arizona Revised Statutes, Section 38-511 Section 22 Approving Action. Copies of appropnate action by ordinance, resolution or otherwise authonzing the respective parties to enter into this Agreement are attached hereto as Exhibit A. The Agreement may be signed m any number of counterparts, each of which, when executed and delivered, shall be deemed to be an origmal, but all of which taken together shall constitute one of the same instrument. Section 23 Federal Aviation Administration. The parties recognize that contnbutions by Phoenix will be obtained from its Aviation Department Those contributions are subject to review by the Federal Aviation Administration Nothing herein requires any Member to contribute funding contrary to the Federal Aviation Admimstration's policies and procedures. Section 24 Bond Ordinances. Notwithstanding any of the provisions in this Agreement, no Member assumes any obligation in connection with this Agreement that will have pnonty over or panty with any bond issued by each Member m its individual capacity. eiN Section 25 Audit Records. The parties, the Federal Aviation Administration, the Comptroller of the United States, or any duly authorized representative reserves the right, at reasonable tunes, to audit and/or copy the Airport Authority's books and records directly pertinent to this Agreement Nothing herein requires the Airport Authority to create or maintain any records that the Airport Authority does not mamtam in the ordinary course of busmess or pursuant to a provision of law CAS Mu 1947685 6 6/11/2013 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as provided m Section 12 Attest. TOWN OF GILBERT By By Town Clerk John Lewis, Mayor Attest CITY OF MESA By By City Clerk Scott Smith,Mayor Attest. TOWN OF QUEEN CREEK By By Town Clerk Gail Barney,Mayor Attest GILA RIVER INDIAN COMMUNITY By By Gregory Mendoza, Governor Attest. CITY OF PHOENIX By By City Clerk David Cavazos,City Manager Attest. CITY OF APACHE JUNCTION By By City Clerk John Insalaco, Mayor CAS akr 1947685 6 6/11/2013 11 DETERMINATION OF LEGAL COUNSEL The amended and restated Joint Powers Airport Authority Agreement has been reviewed by the undersigned attorneys who have determined that it is in proper form and withm the power and authority granted under the applicable laws of each party eIN Date Gila River Indian Community Attorney Date Gilbert Town Attorney Date Mesa City Attorney Date Phoenix City Attorney Date Queen Creek Town Attorney Date Apache Junction City Attorney CAS akr 1947685 6 6/11/2013 12 ollgok EXHIBIT A [Ordinance,Resolution or Minutes Approving JPAA Agreement] (Attached) CAS akr 1947685 6 6/11/2013 A-1 PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AND CITY OF APACHE JUNCTION LOAN AGREEMENT THIS AGREEMENT is effective , 2013 by and between the City of Apache Junction, an Arizona municipal corporation ("Lender") and Phoenix-Mesa Gateway Airport Authority, an Arizona Joint powers airport authority ("Borrower" or "Authority"), collectively the "Parties" 1 PURPOSE. a The City of Mesa, the Towns of Gilbert and Queen Creek, the Gila River Indian Community, and the City of Phoenix (collectively, "Member Governments") formed the Authority to redevelop the airport facilities at the former Williams Air Force Base ("Base") Prior to the formation of the Authority, the City of Mesa and the Towns of Gilbert and Queen Creek participated in the redevelopment of the Base through participation in the Intergovernmental Agreement Group, which consisted of the Member Governments, the Cities of Apache Junction and Chandler, and Maricopa County ("IGA Group") b Since the federal government closed the Base in 1993, the Member Governments have made periodic loans to the Authority or the IGA Group for capital and operating purposes, or have directly paid expenses associated with the redevelopment of the airport facilities at the Base. c. The Member Governments desire by this Agreement to document the previous loans and payments made for redevelopment of the airport facilities at the Base, as well as to establish a framework for future loans to the Authority, in order to comply with the Federal Aviation Administration Reauthorization Act of 1996 and the Policy and Procedures Concerning the Use of Airport Revenue issued by the Federal Aviation Administration on February 16, 1999 at 64 Federal Register 7696 2. DEFINITIONS AND PRELIMINARY MATTERS. a. "Governmental Authority" shall refer to the authority of the United States, the State of Arizona, any political subdivision thereof, any city and town and any agency, department, commission,board, bureau or instrumentality of any of them. b. "Laws" shall refer to any law, ordinance, order, rule, regulation or requirement of a Governmental Authority CAS akr 1950483 3 5/14/2013 1 .•. p c "Loan" or "Loan(s)" shall refer to any loan of money from Lender to Borrower under this Agreement, which Loans will be evidenced by one or more Notes. d. "Note" or "Note(s)" shall refer to the Promissory Note or Notes signed by Borrower in favor of Lender in the stated principal amount of each Loan. Notes will be substantially in the form of Exhibit A e. Borrower's address for notices shall be. Phoenix-Mesa Gateway Airport Authority Attn. Director of Finance 5835 S Sossaman Road Mesa,Anzona 85212 f. Lender's address for notices shall be City of Apache Junction Attn• City Manager 300 E. Superstition Blvd Apache Junction, AZ 85119 3. THE LOANS. From time to time, Lender may make one or more Loans to Borrower and Borrower may accept the Loans upon the terms and conditions set forth herein. All such Loans shall be evidenced by a promissory note substantially in the form of the Note attached as Exhibit A Lender will advance the Loan funds to be disbursed from time to time pursuant to the terms and disbursement procedures set forth herein. Disbursements shall be used by Borrower only for purposes authonzed by applicable Laws 4 CONDITIONS PRECEDENT TO ADVANCING FUNDS. Loans made by Lender are subject to Borrower satisfying each of the conditions precedent: a Before advancing any funds, Lender shall have received the following, all in form, scope and substance satisfactory to Lender in Lender's sole discretion: (1) The signed Note that evidences the Loan (2) A copy of the approved and executed Resolution of the Borrower showing that the Board of Directors of Borrower has authonzed Borrower to enter into this transaction and sign this agreement and all documents related hereto and designating the representative of Borrower who shall sign this Agreement and all related agreements on behalf of Borrower. (3) Such other information or documentation or agreements as Lender may require CAS akr 1950483 3 5/14/2013 2 b No default shall exist under this Agreement or any Note that anses under this Agreement c. All the requirements for the disbursements set forth herein shall have been satisfied 5 GENERAL DISBURSEMENT PROCEDURES. Provided that Borrower has complied with the applicable provisions of this Agreement, all disbursements shall be requested and made by a wntten invoice, which invoice states the amount to be disbursed and the desired date of disbursement. If the invoice is consistent with the Authonty's Board-approved budget, and such budget has been approved by the Lender's governing body, Lender shall disburse the invoiced amount to Borrower. Disbursements will not be made by Lender if Borrower has not fully complied with all covenants and agreements herein or if there is any default hereunder or under the Note, or if any representation or warranty made by Borrower in this Agreement is not true and correct as of the date of disbursement So long as Lender is acting in good faith Lender shall not be liable for any error, omission, irregularity or action taken with respect to any disbursement. 6. BORROWER'S COVENANTS. Borrower shall pay all costs and expenses required to satisfy the provisions of this Agreement. Without limiting the generality of the foregoing, Borrower shall pay a All reasonable costs and expenses of Lender incurred in the exercise of any rights or remedies of Lender hereunder;and b. All reasonable costs, charges,and expenses agreed to be paid by Borrower and incurred in connection with the closing or disbursement of the Loan or the implementation of this Agreement,or payable pursuant to this Agreement. 7. BORROWER'S REPRESENTATIONS AND WARRANTIES. As of the date hereof and the date of each disbursement of funds hereunder, Borrower represents and warrants, .. which representations and warranties shall survive the making of any disbursements hereunder, that a Existence. Borrower is duly created, validly existing, in good standing, with full power and authority to own property, borrow money and consummate the transactions contemplated hereby. b No Breach. The consummation of the transaction hereby contemplated and performance of this Agreement and the Secunty Documents will not result in any breach of, or constitute a default under any mortgage, deed of trust, lease, bank loan or secunty agreement, corporate charter, bylaws, partnership agreement, or other instrument to which Borrower or any shareholder of Borrower is a party or by which Borrower or they may be bound or affected. CAS.akr 1950483 3 5/14/2013 3 c Request for Funds. Each invoice for Funds shall be true and accurate and the submission of same or the receipt of the funds so requested shall constitute a reaffirmation of the representations, warranties and covenants contained herein d No Default. There is no default on the part of Borrower under this Agreement or the Note and no event has occurred and is continuing which with notice or the passage of time or both would constitute a default under any provision thereof. Amok e. Compliance with Agreement. Borrower has complied fully and in a timely manner with all covenants, agreements and conditions set forth herein, and will continue to do so at all times during the continuance of this Agreement. 8. DEFAULTS. Each of the following events shall constitute an "Event of Default" hereunder a Any representation or warranty contained herein, or any representation to Lender concerning the financial condition or credit standing of Borrower that proves to be false or misleading in any material respect b The breach of any other covenant or agreement of Borrower contained herein that is not fully cured within ten days after written notice thereof to Borrower c. The occurrence of any default or event of default under, or the breach of any covenant, warranty, promise or representation of Borrower contained in this Agreement or in the Note. d. Any failure to pay any principal or interest payable under the Note as and when the same shall become due and payable or the failure to pay any other amount due under the Note or this Agreement as and when such amount shall become due and payable. e The voluntary or involuntary filing by Borrower of any proceeding under the federal bankruptcy laws now or hereafter existing or any other similar statute now or hereafter in effect; the entry of an order for relief under such laws with respect to Borrower or guarantor of the Loan; or the appointment of receiver, trustee, custodian or conservator of all or any part of the assets of Borrower. Notwithstanding any provision in this Paragraph 8 to the contrary, the Borrower and the Lender shall extend the payment due date in any Note if the Borrower has insufficient operating revenue with which to make the payment due or if it is otherwise advisable to extend the payment due date, and such extension shall not constitute an Event of Default CAS akr 1950483 3 5/14/2013 4 9 REMEDIES. a Acceleration. Upon the happening of any one or more Events of Default, the entire unpaid principal balance of the Note, together with all accrued and unpaid interest, and all other amounts due thereunder, shall, at the option of Lender and without prior demand or notice to Borrower, become immediately due and payable In addition, Lender may, at its option, and without pnor demand or notice, upon the happening of any one or more Events of Default (without regard to the obligation to give notice or the expiration of time for the cure of such default) terminate in whole 'ONP• or in part any further obligation of Lender to make disbursements hereunder Notwithstanding the exercise of either one or both of the foregoing remedies set forth in this paragraph, Lender may make any disbursements after the happening of any Event of Default without thereby waiving such default or its nght to demand payment of the Note or to exercise any remedy hereunder or under the Note, and without liability to make any other or further disbursements hereunder. b Remedies are Cumulative. All remedies of Lender provided for herein are cumulative and shall be in addition to any and all other rights and remedies provided or available at law or in equity, of in any other instruments or documents relating to the Loan No single or partial exercise of any right or remedy of Lender hereunder shall preclude any further exercise thereof or the exercise of any other or different right or remedy c. Lender's Expenses. Borrower shall pay promptly to Lender, reasonable attorneys' fees and all other reasonable costs and expenses paid or incurred by Lender in enforcing or exercising its rights or remedies under this Agreement, whether or not any suit or action is instituted 10 GENERAL CONDITIONS. a No Waiver; Consent. To be effective, waivers of any covenant, term or •0%, condition contained herein must be in writing and shall not be construed as a waiver of any other or subsequent breach of any covenant, term or condition No waiver of any default or breach of Borrower hereunder shall be implied from any delay or omission by Lender to take action on account of such default The consent of approval by Lender, or Lender's failure or refusal to give its consent or approval, to or of any act by Borrower shall not be deemed to waive or render unnecessary Lender's consent or approval to or of any subsequent or other act. b. No Third Parties Benefited. This Agreement is made and entered into for the sole protection and benefit of Lender and Borrower, their successors and assigns, and shall not be deemed to create any trust funds unless expressly stated herein, and no other persons or entities shall have right of action hereon or nghts to the Loan funds at any time CAS akr 1950483 3 5/14/2013 5 C. Miscellaneous. Whenever the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural, and vice versa, and the masculine gender shall include the feminine and neuter and the neuter shall include the masculine and feminine The captions of the Articles and sections of this Agreement are for convenience of reference only and shall not define or limit any of the terms or provisions hereon All exhibits attached hereto or referred to herein are incorporated herein by reference and made a part hereof d. Notices. All notices required to be given hereunder shall be delivered or mailed by first-class United States mail, postage prepaid, return receipt requested, and addressed to the Parties at their respective addresses set forth in Section 2(e) and (f). Such addresses may be changed by either Party by notice to the other Party given in the same manner as above provided Borrower agrees to forward to Lender, without delay, any notices, letters or other communications delivered to Borrower naming Lender as addressee e Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. f Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto. provided, however, that Borrower shall not assign this Agreement or any monies to be advanced hereunder, or assign or delegate any of its rights, interests, duties or obligations hereunder, in whole or in part, without the prior written consent of Lender, and any such assignment (whether voluntary or by operation of law) without said consent shall, at Lender's option, be void and of no force or effect and shall constitute a breach hereof. g Time. Time is of the essence in the performance of this Agreement and every provision hereof h. Advances. All sums advanced, paid or expended by Lender under the terms of this Agreement in excess of the face amount of the Note shall be considered as and shall be an additional loan to Borrower which shall bear interest at the rate set forth in the Note and shall be due and payable by Borrower, without notice, upon advancement, payment or expenditure of the same by Lender. i Severability. Invalidation of any one or more of the provisions of this Agreement shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. j. Amendments. This Agreement may not be modified or amended except by a written agreement signed by the party asserted to be bound thereby. k. Attorneys' Fees. In the event of any suit or other proceeding between the Parties with respect to the subject matter of this Agreement, the prevailing party CAS akr 1950483 3 5/14/2013 6 (as determined by the court or other Governmental Authority before which such suit or other proceeding is concluded) shall, in addition to such other relief as may be awarded, be entitled to recover attorneys' fees, expenses, and costs of investigation as actually incurred I. Representation by Counsel. The firm of Gust Rosenfeld, PLC, an Arizona professional association, and its attorneys (collectively "Borrower's Counsel") have represented only Borrower in connection with this Agreement and the transactions contemplated herein. Borrower's Counsel advises Lender that Lender should obtain separate legal counsel to advise Lender with respect to this Agreement and the transaction contemplated herein. Borrower's Counsel represents and may continue to represent Borrower in connection with other legal matters of Borrower unrelated to this Agreement and loan transaction. The Parties consent to Borrower's Counsel representing only the interests of Borrower in connection with this Agreement and the transactions contemplated herein m. Survival. The terms, conditions, agreements, covenants, representations and warranties contained in this Agreement shall survive the execution and delivery of each Note. IN WITNESS WHEREOF, the parties hereto have signed this Loan Agreement as of the date first above written. Phoenix-Mesa Gateway Airport Authority, an Arizona Joint powers airport authority By. Its. "Borrower" ,^ City of Apache Junction, an Arizona municipal corporation By Its• Mayor "Lender" Attest. By. Apache Junction City Clerk CAS akr 1950483 3 5/14/2013 7 Exhibit A PROMISSORY NOTE $<amount of note in numbers> Phoenix,Arizona <date of note> For value received, Phoenix-Mesa Gateway Airport Authority, an Arizona joint powers airport authority ("Maker"),promises to pay to the order of ("Lender") the principal sum of <amount of note written out> Dollars ($<amount of note in numbers>) The repayment terms are as follows- No payments of principal or interest will be due hereunder until , at which time all amounts unpaid hereunder will be due and payable in full From this date forward, interest shall accrue on the unpaid principal balance outstanding at an annual rate equal to percent ( %) per annum compounded annually Notwithstanding anything herein to the contrary, if the rate of interest as calculated under this Note would exceed that allowed by law,the applicable rate of interest shall be the maximum rate of interest allowed by applicable law. Notwithstanding the payment due date set forth above, if the Maker has insufficient operating revenue with which to make the payment due pursuant to this Note or it is otherwise advisable to extend the payment due date, the Maker and the Lender shall extend the payment due date to a future mutually agreeable date All amounts payable hereunder shall be paid in lawful money of the United States. Maker shall have the option of prepaying this Note,in full or in part, at any time without penalty All amounts due hereunder will be payable at the offices of Lender at <address of Lender>, or .�. such other place as Lender may from time to time designate in writing to Maker The entire unpaid principal, interest, and all other amounts due hereunder shall become immediately due and payable at the option of Lender without presentment or demand or any notice to Maker or any other person obligated hereon,upon default in the payment of any of the principal or any amount due hereunder when due, or upon Maker's default under any other agreement between Maker and Lender, including, but not limited to, the Loan Agreement (the "Loan Agreement") between Lender and Borrower dated July , 2013,or if any event occurs or condition exists which authorizes the acceleration of the maturity date hereof under any other agreement made by Maker in favor of Lender. In the event that garnishment, attachment, levy, execution, foreclosure, forfeiture, or notice of sale is issued or commenced against any of the property or assets of Maker, or in the event Maker shall become insolvent or make a general assignment for the benefit of creditors, or an insolvency proceeding be instituted against Maker, such event shall be deemed a default CAS akr 1950483 3 5/14/2013 A-1 hereunder, and Lender may declare this Note immediately due and payable ten (10) days after written notice to Maker if the default is not cured within the ten(10)day period If Lender uses the services of attorney in attempting to collect any amount due hereunder or to enforce the terms hereof or the terms of any agreement related to this indebtedness, or if Lender becomes a plaintiff or defendant in any legal proceeding relating to this Note or for the recovery or protection of the indebtedness evidenced hereby, Maker, Maker's successors and assigns, shall repay to Lender, on demand, all costs and expenses so incurred, including reasonable attorneys' fees, and those costs, expenses and attorneys' fees incurred after the filing by or against Maker of any proceeding under any chapter of the Bankruptcy Code, or similar federal or state statutes, and whether incurred in connection with the involvement of Lender as creditor in the proceedings or otherwise If Lender fails to exercise any option hereunder, it shall not constitute a waiver of Lender's right to exercise the same in the event of any subsequent default, or in the event of the continuance of any existing default after a demand for strict performance hereof. All notices provided for herein be validly given if in writing and delivered personally or sent by certified mail, postage prepaid, to Maker at 5835 S Sossaman Road, Mesa, Arizona 85212, or to such other address as Maker may from time to time designate in writing delivered to Lender Notice given by mail as set out above shall be deemed delivered at the time and on the date the notice is mailed. This Note is issued in connection with the Loan Agreement. Time is of the essence of this Note and of each and every term and provision hereof The sole place of venue for any proceeding to enforce collection of this Note shall be Maricopa County, Arizona This Note shall be governed and construed in accordance with the laws of the State of Arizona This Note was prepared on July , 201_, but evidences transactions that took .-. place in the Fiscal Year ending Phoenix- Mesa Gateway Airport Authority, an Arizona joint powers airport authority By Its "Maker" CAS akr 1950483 3 5/14/2013 A-2 ROLL CALL VOTE NOTES 0i,)../ 0 U\ 0 ITEM # SECONDED OF T N BY cv, SE D BY rL MO IO \}kj YE NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER V COUNCILMEMBER RIZZI j COUNCILMEMBER WALDRON ✓ COUNCILMEMBER SERDY j� COUNCILMEMBER WILSON N/ MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL p CONSENT AGENDA ITEM NOS. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED, AND THAT RESOLUTION NO 13-25, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT, THE PHOENIX- MESA GATEWAY AIRPORT AUTHORITY AMENDED AND RESTATED JOINT POWERS AIRPORT AUTHORITY AGREEMENT AND THE PHOENIX-MESA GATEWAY AIRPORT AUTHORITY AND CITY OF APACHE JUNCTION LOAN AGREEMENT, AND AUTHORIZING CITY STAFF TO IMPLEMENT ALL NECESSARY ACTIONS TO FULFILL THE AGREEMENT OBLIGATIONS, BE APPROVED '' City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 Master File Number. 13-107 File ID. 13-107 Type: Report/Update Status. City Manager's Report Version. 1 Reference• In Control City Council ,Ink Meeting Cost. File Created• 06/09/2013 File Name. CM Report Final Action Title: City manager's report Presentation Notes Agenda Date. 06/18/2013 Indexes: Sponsors. Hoffman Enactment Date. Attachments• Enactment Number. Contact. Hearing Date. Drafter• amccray@ajcity net Effective Date. History of Legislative File Ver• Acting Body Date Action Sent To• Due Date Return Result slon Date 1 City Council Meeting 06/18/2013 Text of Legislative File 13-107 City manager's report Presentation. City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 ' � City of Apache Junction, Arizona 300E Superstition • ;r Boulevard Apache Junction,AZ 85119 Master File Number: 13-092 File ID. 13-092 Type Report/Update Status. City Manager's Report Version- 1 Reference. In Control City Council _ Meeting Cost File Created. 06/05/2013 File Name. Legislative Update Final Action. Title Legislative Update Presentation and discussion. Notes. Agenda Date. 06/18/2013 Indexes. Sponsors: Busby Enactment Date. Attachments Enactment Number. Contact. Hearing Date. Drafter mbusby@ajcity net Effective Date. History of Legislative File Ver- Acting Body: Date Action Sent To Due Date Return Result. sion Date 1 City Council Meeting 06/18/2013 Text of Legislative File 13-092 Legislative Update Presentation and discussion Staff will give an update on current state legislation the may have an effect on local government City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 • Master File Number: 13-111 File ID 13-111 Type Report/Update Status. City Manager's Report Version. 1 Reference. In Control. City Council Meeting Cost File Created. 06/10/2013 File Name. Agenda Mangagement Software Update Final Action. Title Presentation and discussion on the city's agenda management software Presentation and discussion. Notes Agenda Date 06/18/2013 Indexes. Budgetary Approval not Required, City Internal Issue Sponsors. McCray Enactment Date Attachments: Enactment Number. Contact. Hearing Date Drafter amccray@aicity net Effective Date. History of Legislative File Ver Acting Body' Date Action Sent To Due Date Return Result. sion Date: 1 City Council Meeting 06/18/2013 Text of Legislative File 13-111 Presentation and discussion on the city's agenda management software. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 City of Apache Junction, Arizona 300E Superstition t } Boulevard .4 440 Apache Junction,AZ 85119 4E Master File Number: 13-112 File ID. 13-112 Type Report/Update Status City Manager's Report Version- 1 Reference. In Control. City Council Meeting Cost. File Created. 06/10/2013 File Name• Police Dept Update Final Action. Title. Police Department Update Acting Police Chief Thomas Kelly will introduce Officer Justin Griffith and new Canine Officer Daimont and provide an update Presentation and discussion Notes Agenda Date 06/18/2013 Indexes- Budgetary Approval not Required Sponsors. Kelly Enactment Date. Attachments Enactment Number Contact. Hearing Date: Drafter amccray@ajcity net Effective Date. History of Legislative File Ver- Acting Body• Date: Action: Sent To Due Date. Return Result sion Date. 1 City Council Meeting 06/18/2013 Text of Legislative File 13-112 Police Department Update. Acting Police Chief Thomas Kelly will introduce Officer Justin Griffith and new Canine Officer Daimont and provide an update. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 elk ON PUBLIC HEARING ON 1. Far APPLICATION FOR A INTERIM PERMIT, NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR DATE TREE LOCATED AT 2925 W. SUPERSTITION BOULEVARD 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 ►s closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. jp City of Apache Junction, Arizona 300E Superstition <;,• Boulevard Apache Junction,AZ 85119 Master File Number. 13-102 File ID 13-102 Type. Liquor License Application Status: Public Hearing Version 1 Reference. In Control- City Council Meeting 'M\ Cost. File Created- 06/06/2013 File Name Date Tree Final Action- Title• Application for an interim permit, new license, limited liability company, series 10 liquor license for Date Tree located at 2925 W Superstition Blvd The next step in the procedure is for the city council to hold a public hearing and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control Consideration and action Notes- Agenda Date 06/18/2013 Indexes. Local/State/Federal Statutory Requirement Sponsors. Connelly Enactment Date Attachments- 2013 date tree cc, 2013 date tree application part 1, Enactment Number. 2013 date tree application part 2, 2013 date tree application part 3, 2013 date tree notice, 2013 date tree applicant letter, 2013 date tree dep,2013 date tree planning recommendation, 2013 date tree pd recommendation, 2013 date tree fire recommendation Contact: Hearing Date In Ilk— Drafter. sheninger@alcity net Effective Date. History of Legislative File Ver Acting Body Date Action Sent To Due Date' Return Result sion Date 1 City Council Meeting 06/18/2013 Text of Legislative File 13-102 Application for an interim permit, new license, limited liability company, series 10 liquor license for Date Tree located at 2925 W Superstition Blvd The next step in the procedure is for the city council to hold a public hearing and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control Consideration and action City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 JUNE 6, 2013 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 JUNE 18, 2013 APPLICATION FOR A LIQUOR LICENSE FOR DATE TREE An application for an Interim Permit, New License, Limited Liability Co., Series 10 Liquor License has been submitted by Mr Tang J. Husayno for Date Tree located at 2925 W Superstition Boulevard, Apache Junction, Arizona. Correspondence has been received from the police department, planning department and the 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. p Arizona Department of Liquor Licenses al;kJ Control 800 We-st-Washington,5th Floor Phoenix,A izona 85007 IV ' www.a, iquor.gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Native• Effective Nov, 1,1997'`All Owners,Anents, Partners Stockholders,Officers,gr htanaoers'actively involved in the day to da•t operations of i:: the business must attend a Department approved liquor law training course or proviteDroof of attendance within the last five years See page 5 d$' the Liquor Licensing requirements`. i r ,t f :t SECTION 1 This application is fora: - i4`'- SECTION 2'Type of ownership. THAN ONE LICENSE y- \ , & it i ERIM PERMIT Complete Section 5 ',--_-, 0,I-T W R,O S. Complete Section 6 l NEW LICENSE Complete Sections Z 3, 4, 13, 14, 15, 16,r- 0 INDIVIDUAL Complete Section 6 0 PERSON TRANSFER(Bars& Liquor Stores ONLY) ` , 0 PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16 J I r? ."'." 0 CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars aid Liquor Stores ONLY) N in` El LIMITED LIABILITY CO Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16 ---` 1 w c 0 CLUB Complete Section 8 ❑ PROBATE/WILL ASSiGNMENT'DIVORCF. OECREE . ❑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#(s): 10 4 ti 0 i 1 -1,g-3LI- 1 Type of License(s), BEER AND WINE - Department Use Only 2 Total fees attached $ rea)- • - APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. The fees allowed under A.R.S. 44-6852 will be charged for all dishonored checks. SECTION 4 Applicant P I a 5 3i S`1 CIMr 1 Owner/Agent's Name, 0 Nis HUSAYNO TAW r''risert one name ONLY to appear on license) Last First Middle 2 Corp/Partnership/L L C DATE TREE LLC f I G 'C'(C,- (Exactly as st appears on krticles of Inc.or Articles of 0rg) 3 Business Name DATE TREE i el (Exactly as it appears on the exterior of premises) 0 ; 014`f S- 4 I-ri tic'pal Street Location 2925 W SUPERSTITION BLVD APACHEJUNCTiON PINAL COUNTY 85120 (Do not use PO Box Number) City County Zip 5 Business Phone vg.e,). _ 9 0 4,5570Daytime Phone 602-370 6283 Email HUSAYNO@COX NET 6 Is the business located within the incorporated limits of the above city or town? AYES ONO 7 Marling Address 2925 W SUPERSTITION BLVD, APACHE JUNCTION AZ 85120 City State Zip 8 Price paid for license only bar, beer and wine or liquor store Type $ Type •r$ DEPARTMENT USE ONLY Fees' Il.1)-C.P.r il, D.:9_,_ r}} � Application Interim Permit Site Inspection Finger Prints $ U TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alien Status For State Benefits complete? Eil YES ❑ NO Accepted by. Date' 1 )- \ \1) Lic # 1 it t 3 `t itmoi 'Disabled individuals requiring special accommodation, please call (602)542-9027. A.PLts I IVI• V KILO"III I r GF II FM. 1 If you intend to operate business whenr application is pending you will need an Irr m Permit pursuant to A R S A-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 1 0 / / 2.0 3 t_ 4 is the license currently in use M YES O NO If no, how long has it been out of use? rya r ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION, • l il/A,,( /f — ; declare that I am the CURRENT OWNER,AGENT, CLUB MEMBER, PARTNER, (Priniffuft name)L. MEMBER, STOCK CDE . OR LICENSEE (circle the title witch applies)of the stated license and location 17 ellIN 2 7 ` f State of A i County of 4i-t,,!t.i Lt X /rr.! The foregoing rostrum t was acknowledced before me this ( 19 re) , OFFICIAL SEAL t�y��,_ ARIEL M. 1 da of l .2-s-F 5, My commission expires on FA�TAtW i`J9Lt�•State iN Ari3nrta Da M th wear MARtCOPA COUNTY l /` " iM Gt>r:im bores Maf,5 Ott 5 �Z /, '�'\,.,�, (Signature of NOTARNIPLI IC) SECTION 6 Individual or Partnership Owners / EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC6101),AN"APPUCANT"TYPE FINGERPRINT CARD,AND tit ROCESSNG FEE FOR EACH CARD ,� 1 individual Last First Middle %Owned Mailing A dressState _ n9 ,i" City a.a Zio a--•.-_..'.,v----^-w vim, l / 11/ t�''l to... 140 a,c►._ 774. C 4-i tan fJ z to S I a o Partnership Name (Only the first partner listed will appear on license) / General Limited Last First Middle,e ;,00,,ied Matfin Address _ CA,_State Zip e ` n ❑ `� ,. # / ) Y R A S S E C E N F I 2 Is any person,other than a above going to share in the profitsAosses of the business? 0 YES i$.ivO If Yes, give name, curr t address and telephone number of the person(s) Use additional sheets if necessary Last /' First Middle Main Address City State Zia Tele tons# / 7 / 2 { �'� ..',�k J�r''•«...•.., 1„�: •gill,, `-• / . �'a 4 , J,,. •�^, .•d* _ :N,+e �,'°'. .^ x G:`4�. w,r�.. •:�c .�. V '���49F _° �� "�'. ��+t :a:[ tf. n '*i��� ,a.�. ;av �` s•'"� .r,��' �''��*; , � b ..��^, �1i +.r�„S., Mom'*' 3. 4.r 'er.. ..°t�`.,' t. �a, `�a ;gyp p�,,f�f ! ' F #..' g� 1 :`, +a I.'g--H . Y .' :. °3 S z Fgs.""N P.`._ Tr j" S'°;.v� �t: �f., ,J,' -`w,.,'-.,y i,w.ti"W:+. i, Y. A'1:"s Ott: r. aijx'`7}t w "ti 'f, ..# r`I T' tl ;�"7.�' ^. ` vT `'r "� '� 'Pt x �,... "t'" Y� i4 °-. ;•y t Y ,` ',� c i � e c S` q� �a'L;r.LI ,;,,`�,aCi i' yf.' 'Y ^"1A.,y�� `.? ',, t �`r' w. .+'.�,` ,1�� _ >:„ a 3i t11 _d#a e� _ __K .,3 a R ' ,R; +! } s� 11E "s . t N t' , q i 1." rY ..-.'.wr. �,f °`fii �"4 "°,a '-" . -.. bt S fd��..it - ,I .k {iSR, IC d P nr •..+ 3�..�%��• ; �x _.. .... +• ,,"^'S,'�t � .. '" es-^" �� r^`"'" ,'2�r s '^y5^*,t .t n;✓' ._.. 7^'� 'G 1'7^t `+�,C S;*g,x^.C,, �... ,,.k .«::.a•..._...+..t.a _ r y ���` d: � �'. . � , S .l.ATE OF .A.R1 ON.r1i_: V ..., ,' ,....._,...,,,,,tv.,,, ,,,,„.„„%, I :, ,1 s, .. 1 .�` DEPARTMENT OF 4.I,,,„ �� I 4 .5',.1' i t a C#, I,. . C ,g,,,s '-,.,,,„. .. , Vii , , , , , ilit,-,- • .AND ON1ROL ,,.,,,,... Sao ' 1 A W, ,lit ALCOHOLIC B E Y ..E RA�....1 E LICENSE --' 'It.' , ' „,,, . . N'' License 1 ,-) ; .:4 I. �.j;}5 ff l • . S N' 1 „._ ''i S ,- 1 ,; , :, Issue Date: 10/26/2010 Expiration Date; 8/31/2t1+3If is c„. 4 •,-t' ,I;Issued To Beer & Wine Store ' j f � `� '- MAIIMUD A AUJANI Agent . • I�Ce• CRE5CEN I FAMILY LE.C,Owner Mailing Address � ` till-°'-.1! MAI`IMUD A AUJANI .. APACHE MINI MART CRLSCLN"I I AMILY LLC #rl ; `'= ;1 2925 W SUPERSTITION EBLVD APACUL MINI MARI (. ! i <<" APACHE JUNC.IION,AL 85220 2925 W SUE'EE25TI I ION BIND r , � a,^ APACHE JUNCTION,AZ 65220 I • :'* 44 i r7 gill� ` ti}gll �fit. )...,ne., ,..-. . ,:.'t. ._, -''.-., ii '- :� 'Li ,n� "h r,x p" 'd,r.s LON h , ,� iFPtt) � F 1.�,: ,g rye •:,S.L i � '{„�i ,I 'Oil..z ,A .-. r ' �':.. �i 11Pzct, -A i ;Y ,,,,,it. c`;ja�" let:, y, y��t ;# I, 1 �s i-. k l" 3'3.? 'fW' OL I J, _N:�I Ir'A,L.ur\1']L.uou11' a k+m.0 t �y 4 q r; 44- ,.� _ EF 1"1I _ 1� q� ;'��"a ,,.1.'---„Lnl,il'il,•—•„,,„....#Firi144,. ......eY.":-,'.1a, l_.i. .,.. - -Xs.." _ ;+n,,. ••,' ,,:•, , .} �.. -�,- , ..: . +<...aaSu� y�3....u.If. «'�... ""',t.�. - .wtc.. .[. Ii2,..u�17r 1PY,'aLr,•'C`$J°lI '�Y,°2fr.Lf `.'�.' f M, ..R =.kw ... ,.,•�; .�';,. Y`� n f�•; ,1, lilt r ' ,,�.-0,K.,, •f ,11 r Q '+''dl 'rl; .?'.tFl+ ` 7 . c.- �!7' .'ii "'-T _"' .�n ._ . s;. tc. `e ¢ •t k � fir r � . � err "` � ., Wit{ u r",`..' a, • E •,, ,':_ .� .i N .y. 4 ;. . i;x '. At w R• �! V.A. 5 yj ' 5 4R yt .hn 5:: -.. a r^^' 'ga`a*b ,y{ 41� r> �.'r` `+ti 'i� ���� ;. � A �t/� '- r�::b �} + r `.,.s J'„V.... ..'i '��4.;�,�.%..� � r, ..'� .`�'e'-�1: � ''':"ein -r :•'! Y'� a •v .i :,c ti� �' � "�Y .i PI-. . J . ..t,.. . 1 *��"^ 5 ..»+" r fit"• t:,..'.'3... rt. �1 . ��-�'q '#r /j ¢�!' fl�t. �, -r .wLe:'. �r�� -',' � r.. I�, uY�., t N�,x t r �.e:;a "' .�N� •";r. _,r rn+, z �..Eljpr: �e,.#,a... �,.- �;�t r,,n ,fi, ��. '"i� ��*. 'i� asio- -•,:v,_'.y;, �`--'r`,i r ,7,r n.,i br '�I., w ' ` e' y,,.. • �.x. r;l A ti r ;4ti ,i m� 'r M {r , YV {. SECTION 7 Corporation/Limited Liaty Co EACH PERSON LUSTED MUST SUBMIT A COMPLETED TIONNAIRE(FORM LIC0101),AN'APPLICANT-TYPE FtNe/RINT CARD,AND$22 PROCESSING FEE FOR EACH CARD ❑ CORPORATION Complete questions 1,2, 3, 5, 6, 7,and 8. ❑ L L C Complete 1, 2, 4, 5, 6, 7,and 8 U-0 1 Name of CorporationlL L C. Da ( r -csz_ f-J-- C x (Exactly as it appears on Articles of Inic,,rpora5on or Articles of OrgaNzabon) na 2 Date Incorporated/Organized a_.if z-'er. State where incorporatedfOrganized 4- 3 AZ Corporation Commission File No Date authorized to do business in AZ n 4 AZ L L C File No L / t-E , 3 5.4 5 Date authorized to do business in AZ I-/ — ` — 3 5 Is Corp iL L C Non-profit?❑YES EINO rr, 6 List all directors,officers and members in CarporationtLL C n Last First FAiddie Title Maitrx Address Dity State Zip [I✓/` i/. /v 774"4)/(2 J` F'rc'M�'v I c 73 t .S--:n IL,/`y f'ttit - 'C-I 5(I 4).1 4 S Z5 ' i I i ATTACH1. ADO Ot4AL SHEET IF NECESSARY) List stockholders who are controlling persons or who own 10%or more Last First Middle %Own d MAIN IA Address ,� Stale ZipI {j.�� �{t ^7r .---. — y7 o., *--- 1- _ , 1 a 54,/,/,t (47 j rt e/Q - 1,.: .. t - r y w h h J ;� �y f t -'-- .--- I ?ATTACH ADDITIONAL SHEET?I`NECESSARY) 3 If the t,orporationfL L C is owned by aicdher entity, attach a percentage of ownership chart, and a directoriorf}cerimember disclosure for the parent entity Attach additional sheets as needed in order to disclose personal identities of all owners •I... - rill SECTION 8 Club Applicants. EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UCLA01),AN"APPLICANT TYPE FINGERPRINT CARD AND S22 PROCESSING FEE FOR EACH CARD 1 Name of Club Date Chartered !Exactly as I appears on Club Chatter Gr Bylaws) (Attach a copy of Club Chas+gr or f'ylaws) 2 Is club non-profit'? 0 YES 0 NO 3 List officer and directors Last First M ddie Tine Maitm9 Address Cit/ State Zip w • 1 -. (.ATTACH ADDITIONAL SHEET IF NECESSARYI ' 3 Deli i rviv rrooate, vvui assignment or uivorce uecree or an existing par or Liquor tore License I Current Licensee's Name A oak Exactly as it appears on license) Last First r; ` Mi4ti AIel ;T. Li:. PM 1 :46 ? Assignee's Name Last First Middle 3 License Type License Number Date of Last Renewal I 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 PAsonldesignee Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED SECTION 11 Person to Person Transfer )uestions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY-Series 06,07, and 09) I Current Licensee's Name Entity Exactly as it appears on license) Last First M+dd? ,Ager: e:z Corporation/L L C Name iExactiy as t appears on iicense) 3 Current Business Name (Exactly as it appears on license) • Physical Street Location of Business Street City, State, Zip License Type License Number If more than one license to be transfered License Type License Number Current Mailing Address Street (Other than business) City, State, Z',p I Have all creditors, lien holders, interest holders, etc been notified of this transfer? ❑ YES 0 NO I Does the applicant intend to operate the business while this application is pending'? ❑ YES 0 NO If yes, complete Section 5 of this application attach fee and current license to this application. 0 I, , hereby authorize the department to process this application to transfer the print full name) pnvilege 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 I, , declare that I am the CURRENT OWNER, AGENT, MEMBER, PARTNER (pnni full name) STOCKHOLDER, or LICENSEE of the stated license I nave 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 Day Month Year ny commission expires on ;Signature of NOTARY PUBLIC) 4 .J Lv I I%_tI II t!.. L.V4Q NV 11 LV L.V.raWV.. I I IA.lp.... ‘uu..a......L...t..... ..ws.... .+...w•9 APPLICANTS CANNOT OPERATE UNDER A LOCAT"TRANSFER UNTIL IT IS APPROVED BY THE STAT % Li 1 Current Business Name (Exactly as it appears on license) ro Address 47, 2 New Business Name iPrwsrcal Street Location) Address -o 3 License Type License Number m 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 applying for government. hotel/motel, anti! restaurant_licenses (series 5, 11, and 12)• R.S §4-207(A)and(B)state that no retailers license shall be issued for any or emises wh h are at the time the kceeense aoplication,,received by e director within three hundred(300)1iartzontal feet of a church within three hundred(3300)horizontal feet of a public or private soho.1 building with rde.rgarten ororams or grades one t 1,through(12)or w•-thin three hundred(300)horizonal`eet of 3 fee* !recreational area adiacer' to stith school bukLng ,v above paragrapf,DOES NOT appq to ai Restaurant hce e 15 4-205 C2) c)Gcvemment license i§ 4-205 0.3t i HOteiimatei license(§4-2u5 01 i d)Fenced playing area cr a golf course 1§4-2:7' B'i 1 Distance to nearest school < < "41 1,--ft Name of school /141-ii s n,yTa l 7 C o e,,,,•7 R act, t rkkekt 1-j,.. Address //56 L. Sus?z.$f-,Co^ \-,-A 47_, p csaa (3 City State Zip ? Distance to nearest church ' 5/+U ft Name of church A pActi.z ,j L,..-( }- ,d„ (...,_h 4 !--. v6 \+-) a f-S6k Address i i 4 o c 01-. LC0 e 4 Z 8 S ( c)•, C, City. State Zip Ap L p,,,t� n 3 i am the Lessee 0Sublessee r` � ❑ ' Purchaser(of premises) r 4 if t^e premises is tea � � sed give lessors Name ]: H /1 c_,e c'1 r L L i_ c Address 0 7 ? t i `s'v,� '' cam,_ C": �_., A? _, '3.55. City, State Zip el as Monthly rental;lease rate$ a t c,.,; What is the remaining length of the lease 5-yrs. os 4b What is the penalty if the lease is not fulfilled? S 50 ,646 `...w.—or other (give details-attach additional sheet if necessary) '0What is the total business indebtedness for this license/location excluding the lease? S /l///9 Please list lenders you ovie money to Last First Middle Amount Owed Mailing Address City State Zip r . ATTACH ADDITIONAL SHEET IF NECESSARY) What type of business will this license be used for(be specific) Cr'' �~' L ✓ r} 1 � 5 SECTION 13 - continued 7 Has a license or a transfer license foT d premises on this application been denied b�state within the past one(1)year's ❑ YES if' NO If yes, attach explanation 5 Does any spirituous liquor manufacturer,wholesaler or employee have any interest in your business? ❑ YES NO 9 Is the premises currently licensed with a liquor license? (l YES ❑ NO If yes, give license number and licensee s name License# (exactly as it appears on license) Name .Ma n76.1dva c,c f 4 n SECTION 14 Restaurant or hotel/motel license applicants. 1. Is there an existing restaurant or hotel/motel liquor license at the proposed location? 0 YES f 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 whiteyour 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 (Fomi LIC0114) provided by the 4 Department of Liquor Licenses and Control I- 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 revei!itle 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 0 restaurant license, I certify that I understand that I must maintain a minimum or 40 percent food sales based on these definitions and have included the Restaurant Flotel/Motel Records Required for Audit(form LIC 1013)with this application applicants 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 Entrances/Exits Ea Liquor storage areas Patio ❑ Contiguous ❑ Service windows Ea Drive-in windows 0 Non Contiguous 2 Is your licensed premises currently closed due to construction, renovation, or redesign? ❑YES 3..NO If yes, what is your estimated opening date? month/day/year 3 Restaurants and hotel/motel 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(a detailed floor plan)you provide is required to disclose only the area(s)where spintous liquor is to be sold, served, consumed dispensed possessed, or stored on the premises unless it is a restaurant(see#3 above) S Provide the square footage or outside dimensions of the licensed premises Please do not include non-licensed premises, such as parking lots. living quarters etc As stated in A R S §4-207 01($), 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 applicants initials 4. :n this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored.'lii'must show all entrances, exits, rr.'"Nor 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 .s. r /qt- A 4- e-d — n SECTION 16 Signature Block I, %� �. 1 C2 }-lLC} �t.�,.;hereby declare that I am the OWNER/AGENT filing this ,print full name of applicant} / application as stated in Section 4, Question 1 I have read this application and verify all statements to be true, correct and complete X 1 .. '� (sign tore of a isted in Sect n 4 ouestion i � ' A �� } ` State of f� k I ZO I V County of N t i \t_{) The foregoing instrument was acknowledged before me this 0 of IN 1-- I �. C� r Day Month�� f at r J / My commission expires on ,, /� / -' �� .�•f A/k_. !�i_ �j i�t: � f� Jay Month Year si y.�f�r =srycnr.} , •'•', JILUAM N DOLAN 7 Wary Pubik-Arizona *Moms Comfy T•�'`};* My Corm Wires res Mar 3,2�Jtl ♦ _ ♦ • ten► _ _ . 13 MY 2 LT. Lic, PM I :46 ( \?@ X s C_.. , -,..+"a 11 .E.St•-. ,____—_____ - ______ 1- Le ikrn , ,.....________ k 't j 2,,) 657 ,-SY-3 ___.A. \ jet,e3 2 6--"fi• ---3— --.........:•'-c,...0 t I \\ i ( ......1 i t 1 i "t ci'l ,..- /-d`4'It r-i 5-, '7 I (------'.----7• op1 PL'4 ql — 1.„-J / / ,-----------'\ 77 1- f • ii L / 4 // 1,4]Ill '71 i - s,krtif "4 , 1/ C ARIZONA DcPARTMENT OF LIQUOR LICENSES&CON i rtOL BOO W Washington 5th Floor Phoenix AZ 850O7-2934 i(6O2)542-51 el d` 1 U T7 QUESTIONNAIRE .� p 1 D S- 318t-7 Attention all Local Governing Bodies. Social Security and$irthda'teftlfcirgatipn is Confidential This information may be given to local law enforcement agencies for the purpose of:�rackgfrccitn4 checks,itiy butij tisf be blocked to be unreadable prior to posting -. i or any ptlbllc-trietrv. , / Read carefully This Instrument is c#eo ent, Type or print with BLACK INK An extensive investigation of your,backgrdoodd wit beln col ducted False or incomplete answers g could result in criminal prosecution aliKi t'a dent ipbr:4ubs; s nt revocation of a license or pemxt TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENt O fc Gi j,PER ON COMPLETING THIS FORM MUST SUBMIT AN rya /„,, `APPLICANT`TYPE FINGERPRINT CARD AVAILABLE AT THIS t 5'eAN f BI-APPROVED CARDS ARE ACCEPTED FROM LAW r.- VI ENFORCEMENT AGENCIES BONA FIDE FINGERPRINT SERVI3 Sa't�fj;r. ME 'OF LIQUOR THE DEPARTMENT CHAPGES A$13 FEE In addition to other fingerprint fees,a$22 DPS background check'"f be charged for each fingerprint card N ; 0 Liquor License # 11 The feesaliawed bt+A.R.S- §44-6852 will be charged for all dishonored Ohecks. 4F 11 1 1 32-3 LI- -n (If the location is currently licensed)is 1 Check 4Controlling Person MAgent [] Manager(Only) -f=- rl`7 appropriate (Complete Questions 1-19) (Complete All Questions except#14, 14a&21) box ---- 1. Controlling Person or Agent must complete#21 for a Manager _ Controlling Person or Agent must complete#21 2 Name. I/II c 4-x:'ZC1 7-4 ( T.__Date of Birth Last First Middle T a Public Record) 3 So.ial Security Number Dnvers License#411111111.11111111111,_ State 4 i' 7 " (NOT a public record) (.ElQ]a public record) 4 Place of Birth g i /lam Height sW Weight 1€ o Eyes 6-1 "Hair *'�City State Country (not county) 5 Marital Status LD Singled Married❑ Divorced 0 Widowed ' 6 Name of Current or M 5 Most Recent Spouse , ' 4) /c) /M I_A iwYI S' Date of Birth 01111111101111. (List all for last 5 years-Use additional sheet If necessary) Last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of-what state? ILK,' a ram, If Arizona date of residency / v l 7 8 Telephone number to contact you during business hours for any questions regarding this document ,4O,. ,7 'ti — g`a _ S If you have been an Arizona resident Tess than three(3)months,submit a copy of your Anzona dnver's license or voter registration Card Name10 Name of Licensed Premises ./c \ v'_ii_i,z Premises Phone et8r - 9v .Z— c. S '70 11 Physical Location of Lroensed Premises Address el,=,, c 5:h 2 e.r,>4.J E. i i�"1 BLuc 4. 4 e Nal e J v-r('�s z / Street Address (Do not use PO Box ill) City County bp g5 12 List your employment or tkpe of business during the past five(5)years If unemployed part of the time list those dates List most recent ist FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS MenthrYear Month/Year OR BUSINESS (street address city state&zip) 4,..,Z,ej,8 CURRENT Li�fk•. -„Ss14 e4.. i lr f -R,�/ L L���dSS') ZutZ ,� V vie✓� S �n S " Li- 1 /T( L fFp'� G�� ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTIONA 13 Indicate our residence address for the last five 5)years .V FROM TO Rent or RESIDENTIAL Street Address Ltonthr!_a• Month.Year Own If rented attach additional sheet with name,address and phone number of landlord City State Zo 9.I-1?5, CURRENT rywnt /r 73 i S 04• 5: O fir• sc.,t-A-X A ;35159 April 16 2012 Disabled individuals requiring special accommodations,please call the Department(60Zy 542-9027 /oak ORS tf you checked the Manager box on uie front of this form skip to#15 14 As a Controlling Person or Agent, writ you be physically present and operating the licensed premises? DYES KNO if you answered YES,how many hrs/day'" ,and answer#14a below If NO skip to#15 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years', (Must provide proof) OYES ENO 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 citedd__arrested, indicted or summoned into court for violation of ANY law or ordinance, 0 YES NO regardless of the disposition, even if dismissed or expunged, within the past ten (10) years? In addition please include all traffic tickets and complaints within the last ten (10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations,compliance actions or consents, cnminal arrest, indictments ®YES 0 NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal "traffic tickets and complaints , Have you or any entity in which you have held ownership, been an officer, member, director or manager EYES KNO 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 judgment against you, the subject of which involved fraud or OYES Q NC) misrepresentation? 19 ' J or have you EVER held ownership, been a controlling person, been an officer, member LIYES ONO �*y other liquor license in this or any other state? If any answer t is`YES" YOU M � Give wins, agencies invo SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED .7 14L 5 XI/0 hereby declare that I am the APPLICANT'REPRESENTATiVE � �iprint ful name of Applicant) filing this questionnaire I have read this questionnaire and all statements are true, correct and complete X - -- Fes" -J_ `L"y��'`�— ------ State of , County of 01,ill-i - 1 A (Signature-hT Applicant) The roregoinq instrument was acknowledged berm me this day of M 9613 utt) Mh l Year �. i 7 m cams!cn expires on r��t L t (Signature of NOTARYPUBL IC) DEBBiE WUNDERLY (';i " NOTARY PUBLIC-State of Arizona , .`' AMfliCORl1 MUM S,-Pefer-- COMiPLETE THIS SECTION ONLY 11- Yuu A A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authonzes 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 instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Sgnature of NOTARY PUBLIC) Pnnt Name My commission expires on Day Month Year f r f AL �� s + o ' 1 �, ,� �.� -5 ,.y, s 4 /7 R /q Hu S M/tea (6 a, 0 0 Li ,90-t ry r w 3 .L�. n-� _ Ask oamtk Az ammo 0060 01111111110111111111 FLED 04213171 ptte Trot,LW An Atfmn.Limited Liability Campe Nroonit to AAA.29-632 the neaimdsmd nts ss as harm ARTA=x NAME.The ammo Of tbla*awl Eiabitisr mososayOIN h -- ROO Trim.LLB n_e ARTICLE If r gNOW 4?LAC S OF BUSDERS AND XF.07S:'om OFFICE:Tea toed(Coe ad his Limited Liabtilly Company iL i 2925 W.Su Tian MA!. Apsrbs Jordon.AL 13120 4 f In c city of Apasbn l000d Canty ea,Cy edlobru,al,a,Sum of Atf>ro>�sad may henna (J --7 s to bottom and mtinesti Offices for s:t&purpose(le salt Otter places dither within a: t wlfieed the Sate Of.At somas. ARTICLE III STA:ur mY AC}iNf The acts add mama ddime of tho ast6oteved.Aimat far tic `L maxi LW:Dry Carope y 'rho went sad vs wean srrrua of paacisF, aioioc az demand tint fik roquime, ex pc ri tr4 by law to bs wad cm tSa Lamtstt Lu�i y Company it: Trig Ibirayou 2925 W 6+spastroaa Bhd. ios,whishozacc.AZ 15 t20 ARTICLE iv B(JSD4394 PURPOSE:Tso Lowlect L Obi titj Ccnpuny ids b=p p le a 1dv fa] bummer,ou*ct to errs SroTowros of kw immix ac tsteieet=nut koalas critbis *rs stork http ;,images azec gov'scriptsicgt`dv,ispart2 pI"COMMAND 4&SESSIONID=OhY1P6 bk 5'112013 row., oamik ARTICLE V NUUM3R AND CLASSES OF DES:This Limbed Listddr7 Canspeny Icing fcumsd with.ONE arastabsr w privi4sd wow Aeercxca L . if however,dare he am* madam their irittiazaL ptrtiraQatiiaoz tod Tutj titer sal ao aitvosted beornou diet damn of anmtaue as nal 5c andatreaccl=do eveleritoos drily adopted In se AM:WM YE 1414(41/40/$0314T S1WJCTWR The oisesgsensel of this Limbed LIeblitty Camay • kid 1 rescread to 9tc mcsnba ar rac>srbertrr whichever file use ma:is;soa tern dull 14*a .a.of the prowisioto deems*apgropriest sod LOeiNk corisi,test wi&:ens ttsrt hymn die conduct of tin int a m maim,ibanheeines.risks peresre,mad the aufaaefties,desist, and pawn re Its monhers. nassirs oace,a ttplaya+s or ads. Ths a__(a) may, '7y tawfat ate or mom ____ to saws the Insists* s of end prepc:ty ofthe coussor end whom set wt:lea dudes,tests sod •- posse dial l be eothorlsd peasant to a dray Waved Ojmdop AjiaamarL r-- tlrr Immo.e Mena ter)W as?*}eend wb nil be the lama errmbr(t)atilt Ustard I.kk;My cerapuq at tar tin*of be tors.to(sik Tait Baaatyao 2925 W.T pe ethical Bind. A.RTICLX VII TIOLIf AND DURAITt3N: The tuts grid dotsdca a`trio Licrikut Wally ty 9 shed be popnial,rmleea sonoer disedecd In mazer aarbrmeea by 9true:lens. ARTICLE VI II CAPTTALIZkTION:Th i Untied ied LOW?"'Coropizy shed Os.initially ncriallecd auk resat oolortbeilooe made t'y t o esember(o) who may c=Obit; et/ MOW TO ooam'1lrm sine,psnperty or eervisee. Ills rah,of the emitted corentshoos of property re wee=s dee fur ceadr_a*rains of rub preps or savaea eat=it the fiat:.;t5c p iy ra Imerfol4 beasitytettier iye sacvioa t ere molcad to this LIreiro d r iirty amp ny Ar aLIX WAITATJ)id 0?L.IA3ILI Y:The mmoh>a,ma,eger;=isio— ,of item or asp& of this Lilted Lability L`tst>pAey aar out ruott, lady by rocvoo of bareg a x4 /1.\ 2 http ,'images a .cc gov/scripts/cgtidwispart2 pl9COMMA`vim-4&SESSIi NIU—i►hYfP6Nhk 5'1'2O1 ice+• • ameg¢,cupid cofEeer nr tort afC s Limited!Minty Camp*etiodser ratsog memo assort,under r lodgments dome m odor eta arson or otherwise_ ARTICLE X IAM'CTC,ACTT$.(s) I tiat skis Limbed Liability Ccxnpear is vented with do tare bos.as nosy be presided hover weer Maria VT,set seek somber Is a ireful. opt of this Iirolaad Liebll*,CEmny ter the pupas of cirlyi►$ m isr bdarse Into mai SI%unless my aaedh member ho s,In So.msothcsity to act ti et to Limited Lisel iEty Comm,so provided author under Peaagrepb(b)of tide Aglaia or the Oprorting Aostesets;orbo Matt the sots of ores number.hsiudhlt the aseoodtaa fa the ascot of ibis linseed IJrebllhy Canpeny of auk dement,root or Wilma peepers furor yleg so Le the usual my,the bestow of this LAtat ked LisixO.it7 C oopemy,lessdiy c.t blth tale Lbnited Llebtttty C In ell bode=tttm,teo oss b)if maaegmieet of thbs United Company is reared ins sere or more=spot% ss may Oe pooakied heeds coda lath*VI.a co®bees sett es event of this Untied Ti 1ty Comp*fir the prposo of Noy*an its btrrhdarr in d or ma:'w& ,as ads rcsnapeck the Motel Agent of This Wetted Ua6*y Ccupony Ind whose mos.Ise# 'c ih tt3 eteerefoi is tole n me of this Linked IlrbiLty Cbmpay cfC y docavaeat, Iraeitimext or bushaars papers Its earn leg as In*a toil rosy.the blade s of thk United I.hha2ty Camas%legally binds this Utilised t tablltgr'Aapu?In al booboo AIITIC.E Xl t-- A,SSIC* ?t'r OF UMBERS Itst:ham T; (e>That atoetesr-ei any Mambos may be asotgBad in sable or In pot to Mod petty at mike. retetaed, lterewter. PkOCh assist teens dais noe.dileatve Li&UMW Loki*+may, .or dolt >t =GS the snip to pmtithpsse to the itgimutimetof dm buskins sad sires of shot Lin>ntad lAskI sty Ca3tpo% ankle a epee So dti y idolttted ss la n upon to wheat moststm us mesonof ell lambent. (b)if m motto a oyes Lestited IisbsLty Ootap is*Rao)Irmo*hors this Lamed l owe the tateshnota amen of ell is.tomo eta set sdtitttmosi =raw Is mined.to IL'I af foo rights,*Argot,t ie¢mtaMeat mood testritatioso aeosdel t11 teYYsbde pan=to tbemn Attic:La of Oseneizmi n ensile the duly adaptttd t?iog (c)Van a m!abort.tam all or pert ff Lis or but insist iu tl:,tt Emil Linb ' • (-Impiety ty to I NW pe ty t r passe,stank infiezebtr it mot,eicawd fillEt Ina Q her as@a`£'f CO thtl Liwetad I.,ie]:iliity Company,ve4.0x cx alit C*ar fl a meamesz a tsraeteat'of sit motes,i jii abatises or apt INA4110 Leo ism ec capoxi as a Ye+hd ineatber of this LiSsited amp*. AO ilk } http :'images aLcc.go,:scripts:'cgtdwlspart2 pl`'CON MIA Ni 4&SESSION1DrlihYfP6 bk 511/201 3 AIM=XII t:NDEIANIFICATION.litit Linhod Unbar Coming eke/irakiorifT Pao/rotrutra- tenfioyes, sasses trot CC Mr ACT Intotat perlimuktt the tunnel%abets of thla Latitml Liatirny Company, rr or ko eneenterti nal arberiaitaners,agin* enpanam inamtuthly incisor& by blot or km it roonesslae nth my bathe, wit or prinattling Wimp Ma*pawn In be Ibt Depilepthe or athostithint )31 t.110 mat of a atticonott,inglemaillathat'bailIt prottled only It oamatdau with such math annered by the netlement lb la-which thin Limb tilL Lithility Cempoey altited by roustri tbst the mina ta be thilennalled did oaten*toth batch of tar borrow,thin tiFht of ithitamilisaitta shall sot be=Wolof entire:With idiok be sr r_iienaN the .try bc=10 And ma me&in this AL'S* moonier abeE locktda mouths of /Apr pettothiss at fthet trathrol levied rather such totatots or=Om,tad the wet ettnet tbrams4 poryldal,Minstar,much mama alnkil o bozo graved by m=beni of tbit United Lishliby Comm. =ICU X13:1 r— ACT/Ckki EY CONSENT:Any mew taken by tii mambas or 3111322CCI,Ithieketra *area %olds the thmagotheat of the babas and grits of Mix Uthitscl LlablIty Crtnpney, alcdok 114thflarefly alma deer 0,0 mita tr of t it UMW. 1.14:0 kr Company obeli be lint duty autbasthad by the Moat umartharnat cameo!of all *Me searagets et th=ltect,ottisbover tppliaable. Ana X XIV oraAnva AL12.73.141011% If that he ora or thato mositers.tite sham stall by naintromm mon*adopt at Opmaing..4.gratharat at their Ct3aaa4k,..t1 Mete*tim thrott the stetupentaa,, trpolstiont text prananmti of the Intitaam sada and trapcf,y of this Liztbui UmbWty Canary.bald Citron:Ms Agtermad oury be emerald 2trit thac to thrts ty a ratjarty note of the anthem Of maragam.,vorluebrsta is waged oath tbe rthampinart of thlt lItiltof Llabaky Comm/. ARTICLX RBCORL)DATh Th meotd oat at.thin Lited Lability Cm:prey far the pep of ortein4 çtsi year out Ionians atIbint.saki mg redo&the eppaktmeet,resipastino, ortMorwil rx=post=alba boa of salty appormed rerenear.or the nraperucut OFIgi mark teeny tomslart isttack. vat*oaks sr ary other operational=than,line bo Coma=31,attach year. egliN 4 http If imag'es azcc goviscripts/cp/dv.ispart2 p1?COMMAND---4&SESSIONID-0hYfP6Nbk 5/112013 AN lir oak wrrr WatatOlr,I me my bread th.142ss`dopy of April 2013 Siped: TAM HI SAY$O AC7CSMANC IC or APPOINSIENT EY£TA1v tofY AG1CW T,TAM HUSKING,Wag bean deaip d to ant as Stat *y Agent 1icatby modemsr Amok__ kt.ai in&at capac y na(removed of taigastitoa'u Rubitledin ucceeasnce with tips T> Adams P.M Ltd SoUntoa, na TAICCQ SAYNO r. http•/tirnages a.zcc goti'sc:npts'cgizd\ 1spart2.p12CO\.fMAND--4&SESSIONID=ohyfp bk 5 1/201 s ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License Department of Liquor Licenses and Control Liquor License 4yesiN Ownership Name• i 4 L. L'� .44 (as listed on the current liquor license application or renev.al application) Title CV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the 'Act") 8 U S C § 1621, pro.ides that, with certain exceptions, only United States ctttaens l niter! States non-citizen nationals, non-exempt "qualified aliens" (and sometimes only particular catcgones of qualified aliens), 3 nonimmigrants, and certain aliens paroled into the United States are eligible to receive state or local public benefits Vi ith certain exceptions, a professional license and commercial license issued by a State agency is a Stale public benefit knzona Revised Statutes § 1-501 requires, in general. that a person applying for a license must submit documentation to the licensing agency that sansfactonly 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 US citizens or nationals must also complete Section lI1 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 SECTION I—APPLICANT INFORMATION APPLICANT'S NAME(Print or type) !z9/f l ., . 1-1 4` DATE .S- 2 - 1 3 TN PE OF APPLICATION(check one) t.----ITIAL APPLICATION RENEWAL TYPE OF LICENSE SECTION II—CITIZENSHIP OR NATIONAL STATUS DECLARATION Directions:Attach a legible copy of the front,and the back(if fluty),of a document from the at ched List A e r other document that demonstrates L S citizenship or nationality Name of document provided. a '5 r; A Are you a cinzen or national of the United States'?(check one) ho B If the answer is"Yes, where Mere you born'? List city, state(or equivalent), and country City Za 4a4 _Lei gtate(or equivalent) Country or remtory If you are a citizen or national off(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 2120,09 AG 11'08/07-8I662 Page I of 7 SECTION III—ALIEN STATUS DECLARATION Directions: To 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 B or other document that evidences your status A.R.S § 1-501 Name of document provided "Qualified Qualified Alien" C.Status(8 U S §§ 1621(aX1),-1641(b)and(c)) ❑ 1 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. eiN ❑ 3 A refugee admitted to the United States under Section 207 of the INA cLi ❑ 4 An alien paroled into the United States for at least one year under Section 212(dX5)of the[NA ❑ 5 An alien whose deportation is being withheld under Section 243(h)of the INA r'y r- ❑ 6 An alien granted conditional entry under Section 203(a)(7)of the LN'A as in effect prior to April 1 1980 =� 0 7 An alien who is a Cuban and Haitian entrant (as defined m section 501(e) of the Refugee Education Assistance Act of 1980) 08 1n alien who is, or whose child or child's parent is a "battered alien' or an alien subjected to extreme -.2 cruelty in the United States Nonimmigrant Status(8 U S C§ 1621(a)(2)) 109 A nonimmigrant under the Immigration and Nationality Act [8 U S C § 1101 et se-4) \onintmigrants arc persons who base temporary status for 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§ 1621(aX3)) 10 An alien paroled into the United States for less than one year under Section 212(dX5)of the [NA Other Persons(8 t S C § 1621(:.)(2XA)and(C)) OIS 0 11 A nonimmigrant whose visa for entry is related to employment in the United States,or ❑ 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 99-658(or a successor provision)is m effect[Freely Associated States include the Republic of the Marshall Islands,Republic of Palau and the Federate States of Micrones a,48 U S C § 1901 et seq), ❑ 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 Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure See 8 U S C § 1621(a). Page 2 of 7 -, mcfy �9��, Ltc, rti '4n 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 APPLICAN, ,44., //' 4). /11-(A-Dra— _ (-_301 T SIGNATURE TODAVS DATE Page 3 of 7 '13 MT 2 UT. 1K. Pit I i 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 Veri ication of Citizenship,Qualified Alien Status and Eligibility Glider 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. Prii tary 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 1-873 (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 I-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 Venfication of Citizenship,Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("Interim CGuidance")_ 62 FR 613.44 (Nov. 17, 1997), Attachment 4] b. 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 egIN (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); (=) 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 rja 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 wilt rt.) 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, ry (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 applicant's 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 ne 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 local 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 5 of 7 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 u a period of at least one year prior to the applicant's birth. i^ 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 ry, 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 r,, 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 h, October 1, 1979 and evidence that one parent was a U S citizen at the time of the , applicant's birth, or —1 • 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 au alien parent,or claims to fall within one of the above categories,hut 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 ice office for determination of U S citizenship, • If the applicant is outside the U S,the applicant chould contact the State.Department for a U S citizenship determination e. Adoption of Foreign-Born 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 U S citizens, the applicant should contact the local U 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 All b. 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 Aliens" EN idencr of"Qualified Alien"status includes the following Alien Lawfully Admitted for Permanent Residence - *Form I-551 (Alien Registration Receipt Card, commonly known as a "green card"); or - Unexpired Temporary I-551 stamp in foreign passport or on *I Form I-94. Asylee - * Form I-94 annotated with stamp showing grant of asylum under section 208 of the INA; - *Form I-688B (Employment Authorization Card) annotated "274a 12(a)(5)", �-' * Form I-766 (Employment Authorization Document) annotated "A5"; . Grant letter from the Asylum Office of the U S Citizenship and Immigration Scn,u.e, or - Order of an immigration judge granting asylum. rt.) Refugee - * Form I-94 annotated with stamp showing admission under § 207 of the INA, -g - * Form I-6888 (Employment Authorization Card) annotated "274a 12(a)(3)", or - - c Form I-766 (Employment Authorization Document) annotated "A3" Alien Paroled Into the U S. for a Least One Year 3 - * Form I-94 with stamp showing admission for at least one year under section 212(d)(5) of the IN.A (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-6888 (Employment Authorization Card) annotated "274a.12(a)(10)", - * Form 1766 (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 - * Form I-94 with stamp showing admission under §203(a)(7) of the INA, - * Form 1-6888 (Employment Authorization Card) annotated "274a.12(a)(3)"; or - * Form I-766 (Employment Authorization Document) annotated "A3 " Cuban/Haitian Entrant - * Form I-551 (Alien Registration Receipt Card, commonly known as a "green card") with tt.e code CU6, CU7, or CH6, - Unexpired temporary I-551 stamp in foreign passport or on * Form 1-94 with the code CU6 or CU7, or - Form I-94 with stamp showing parole as "Cuba/Haitian Entrant" under Section 212(d)(5) of the INA. Alien Who Has Been Declared a Battered Alien or Alien Subjected to Extreme Cruelty - 1. S Citizenship and Immigration Scrvice petition and supporting documentation b. Nonimmigrant: Evidence of'Nonirnmigrint"status includes the following - * Form I-94 with stamp showing authorized admission as nonimmigrant c. Alien Paroled into U.S. for Less than One Year Evidence includes - * Form I-94 with stamp showing admission for less than one year under section 212(d)(5) of the INA Page 7 of 7 • ON ORIN -.-grs.. -,,,T.,..--_ _ -. • •...'. -67-....-.!",- 4 • ..._ j",,,,94,...t....,. .7...,,....'"a... r.:;- ,!W.,. 1 ''--,. - :,_. , '_7,17.,...1.7 _ { ,F.,•*,:,.• . t..rizfir= The Steretary of.Stak.oftike UnipidSisger of Aitken-a . ..___ hereby regstetts all tabuns ii:Wait antterto to powsit the el:terminational'''. _ . .. _ - = - - of tbe Vatted 5,catet named herein to past settbout otelst,or Intsdrance ....: ••: ',4.1 ---,... ;$7.-••''.• -:f.1,33txd ix aise af nerd to give' all Ionial rid and p_roteelitne , -,---, ;....,..,:i'r - - -..i.z,..-.V '''' --....,•":.7gir %It:L.1447 I _ ,.. ,..1-4-4• - ...:1!.: -1./ _ ro -,-- • t _ r- ,.... Le Setretairt d'Etat dii Etats-Otis I:Mailer:41*e _ _ -4. par lu preset:lei tattles antoryes conspetentet de long.,patter le tsk2fal 7.-L,S1-•'- 4-..-att rater-fittest des Etats-Unit tztalatre die preterit pfusepart saint dadsi.ii-if.... eiN ' • .1.'" -.`,4^. 45rietalli et,en cosd dr besnin, e hi;aCCOrliCr twat ade etro protection legititries 'S...t,,.. ..., 11 --- . . .... *.t• ' Seem-lento:de Et:ado de tat' Ettados titles deA os nterutt par tip rrscrtQ solicita a ) :.. ---.3 -,,tatistaridadeiTailefteteittat permits,el pass del a:Alai:ma a naraanal de Jar taLdas L'iultiv-e• Aqui swasinia dr4 f in denser-am dtfirmItaides,y en wig de meiesedad priutarle toda la aria.;.i prateccia4 Instal — - .-tr;.;t::: •:':-";*4! ),'4.s..S'il.,•;i: :0::'-,-,i'qi 7 7.-- — -:.9..,- ••••=c,". ff- --/,....,":.,7,—,- GNATIrkt-OF BEA.IIERLSIGNATL-RE DU_TITULAIREIFIRMA DEL TITLI.LA*... ,,• -1,4,„"..-14\ - ".3,-47.:W=, •-•- -,!•-•,-.3•11.' s t-- • I .. .., . - ' NOT VAUD UNTIL SIGNED 1 k .. - .-..1._. ,_- --_,...----,--„,... .- ..,.. PIOR°- FIT "•-•'-- VW',14 0- --TX.Nira.11iV,if..NITOTOik • ..7,--7,...,;-•- _ i PAS 3 1, WORT --••,: ::. --7-';'`'- '.• PAS APo RT e. -'`""-r's'.-F/Pcf Tilie*Ci' rrc,e-i Caitetraki, -Pa'.,Zarfiri:7 No dnPaitsetioty Pic de Paroviae P,:'' ' USA -3 i0737010 _ ,„. , , ..7it ,!1.??.ititio77Ectin.17,!'' - - .. .__ 4. . JIWYNO -.-,',-5:;'.' -'.--•;-:;.-:'•:- - " ;:•5-'-'-:-. -• • - aketel-3 2 FiRsorArijscreeti -•-•!?...--. , -_-;.-----'•-:: - ..:!-:::---'-`• '_ - - - - TAPJO J . Pirtioraff I iatior.allit/tfaciatOlad _,'''' • ' •%‘-- .411} UNITED STATES OF AMEFJ1PA , .,_ 1-.>_.- - • -....-r.'. Oats at- 41:1 di nallsi 4,,:et_fizele nwirentrk,_ -- :....-,,z,...... i Stu I-Sezzi F4iace oliiirltili,dt_nizer= &tames/no _ .', --- - M Date c..,it.sue i C•-- Orelftvlarif*tii.itlepetpeditiC'n .,, ,,xity."Polortel AJlq.--1.vi ... 30-JAN 2DOTZelt;:..1.. 5,'?..-74,;;;:,.;:f:....-:.::,3e,k,r4:filit0 SO* . . j Deli c fitoriDii fbilfierY4;i1 /tWItt6ioltglthir fielikirfili'4rd'e;itiate ..... , .,..- ..- 29 JAN 201T.: .- , -i :--:-.--- - ,..... . . ,--- Ai,.7 Arran.i,,...".t-t.lAndifeasoirs.; soltr"-enriis PIN -_"..z.:, ...",•- 7A- • all .;,- _ SEE PAGE 24 - ::'.:,-!.--': ••'1,':'•-..: _ •.,...-_-:.::::'• :_.::L..;, - , ,„ ••• ; . , I i P<IJSAHUSAYNO<<TARI Q<J<<<<<“<<< <<<:<<<<<<<<< „..r. _- fp 31-)M371)1021iSA4905192M1701290<<<<<, <<<<<<<O4s • • .. , 1 1 Ppa H t•-• rely/Ve_giAl &d,C-Mifielit2it Home of the Superstition Mountains. 4 Z0NQ' NOTICE The attached application for an Interim Permit, New License, Limited Liability Co , Beer and Wine Liquor License submitted for Date Tree located at 2925 W Superstition Blvd , Apache Junction, Arizona, was posted on the 13th day of May, 2013, at 10:00 a.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, June 18. 2013, 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 1+ -y Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. • \c'icee (4S0i 9 2 So12 • (-14s0s ?ttI • rnr)(-1S0198.3-0119. • v.v.,, uicit;: ni t ?ti(1 f Stipertitiuon Limb: aril, ApaLhc!unction ;\7 85119 CEI cif/ t( tlicitcw ' Home o/ the Superstition Mountains 4R zOvtP May13, 2013 Tariq J Husayno Date Tree 2925 W Superstition Boulevard Apache Junction, AZ 85120 Dear Mr Husayno. Please be advised that the application for an Interim Permit, New License, Limited Liability Co., Series 10 Liquor License submitted for Date Tree, located at 2925 W Superstition Blvd . Apache Junction, Arizona, was posted on May 13, 2013, in accordance with state law The Apache Junction City Council will hold a public hearing on June 18, 2013, 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, June 5, 2013, 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 • '4 k.,: i48()i `}'+ -S(7f)_', • f•1X I-Pi01,N2.7()i? • I DD i4 Ot 9'0-0095 • IA sictl} nt t 1041 f `sup..rsttttun Boulctiard :4pac:-1,4 Junction ,\II NSi i9 MAY 7, 2013 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM. JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR LIQUOR LICENSE FOR DATE TREE Mr. Tang J. Husayno has submitted an application for an Interim Permit, New License, Limited Liability Co., Series 10 Liquor License for Date Tree located at 2925 W. Superstition Blvd , Apache Junction, AZ 85120 Please conduct the necessary inspections and submit your recommendation by Wednesday, June 5, 2013, in order for this item to be on the agenda for the City Council meeting of June 18, 2013. Janet Mason From: Rudy Esquivias Sent: Thursday, June 06, 2013 11 58 AM To: Janet Mason Subject: RE Date Tree liquor license application Jan The Planning Division has no objections to this liquor license request The property is zoned CB-2 (General Business Zone), which allows the use, and the property has long been developed with a convenience mart and liquor store cud oppivicr.6 Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 rescJiv_asi@a-citti net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 00am to 6 0Opr, closed Fridays and Holidays. ) From: Janet Mason Sent: Wednesday, May 08, 2013 5 28 PM To: Jeff Robinson, Rudy Esquivias Subject: Date Tree liquor license application Please have your department recommendation to me no later than June 5. Thanks. Janet Mason Deputy City Clerk City Of Apache Junction E Superstition Blvd ,Jacnc Junction, AZ 85119 480-414-5068 jmasonPaiaty 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. Apache Junction Police Department :" Memorandum DATE 05/16/2013 TO Lt Robinson THROUGH• FROM: Sgt Durkin SUBJECT- Date Tree 2925 W Superstition Sir, Today I spoke to Sameer Khoury at 2925 W Apache Trail. He told me he's the manager. He told me Tariq Husayno was at another location and unavailible . He told me the only change is to the licence itself. They are in the process of procuring licence# 101 13203 exp 08/15/2013 He asured me,the business,nor interior, will not change I did see or find any challenges with this application AM ila. i `�e p�stnrt q,,�rn IfOlir JU ��F �n Anzon.r d��n Zr„ ;;= Apache junction Fire District :N. .`' "lAs5 565 North Idaho Road, Apache Junction, AZ 85219 �'PEp_ 'tee`= Phone (480) 982-4440, Fax(480) 982-0183 % -tie 'n<<rn AIt MEMORANDUM TO. Jan Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd Apache Jct , AZ 85119 FROM John Suniga, Deputy Fire Marshal DATE. May 14, 2013 SUBJECT- Application for Liquor License for 2925 W. Superstition Blvd,Apache Jct.,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2925 W. Superstition, (Date Tree) We have recently completed an annual fire and life safety inspection with no major violations found 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 my office at 982-4440 Thank You JOS ATTN Application ROLL CALL VOTE NOTES: 0),(1\1\ 1\1j' ``, V .01%. Qly tp ITEM # MEETING OF , V-Q-/ \c17( vvivi MOTION BY SECONDED BY / YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER V COUNCILMEMBER WILSON kr COUNCILMEMBER RIZZI N MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 8 I MOVE THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 10 LIQUOR LICENSE FOR DATE TREE , SUBMITTED BY TARIQ J. HUSAYNO, BE RECOMMENDED FOR(APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL iti591.4'44 City of Apache Junction, Arizona 300E Superstition Boulevard 4 1 Apache Junction,AZ 85119 !r .,t Master File Number 13-096 File ID. 13-096 Type• ReporUUpdate Status. Old Business Version. 1 Reference In Control City Council Meeting .•. Cost* File Created. 06/06/2013 File Name DRIS Quarterly Update Final Action. Title. Presentation and discussion on quarterly update on the Downtown Redevelopment and Implementation Strategy (DRIS) The DRIS, adopted by the city council with the approval of Resolution No 10-34, recommends specific goals and strategies geared toward fostering revitalization in the downtown The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto This item is identified in the Fiscal Year 2012-2013 City Council Work Plan Presentation and discussion Notes. Agenda Date. 06/18/2013 Indexes: Community Development Sponsors. Powell Enactment Date. Attachments. Enactment Number Contact. Hearing Date. Drafter jsolley@ajcity net Effective Date. History of Legislative File Ver- Acting Body Date Action Sent To Due Date Return Result slon Date: 1 City Council Meeting 06/18/2013 Text of Legislative File 13-096 Presentation and discussion on quarterly update on the Downtown Redevelopment and Implementation Strategy (DRIS) The DRIS, adopted by the city council with the approval of Resolution No. 10-34, recommends specific goals and strategies geared toward fostering revitalization in the downtown. The Resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work City of Apache Junction,Arizona Page 1 Printed on 6/11/2013 Master Continued(13-096) plan, and any suggested staff modifications thereto. This item is identified in the Fiscal Year 2012-2013 City Council Work Plan Presentation and discussion City of Apache Junction,Arizona Page 2 Printed on 6/11/2013 ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON VICE MAYOR BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME ROLL CALL VOTE NOTES , 1 \)) c\ rafts 1 �R' 1$ ITEM # to MEETING OF t p MOTION BY SECONDED BY '"" YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON U� COUNCILMEMBER WILSON COUNCILMEMBER EVANS V COUNCILMEMBER RIZZI J COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NOS. 10-11 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M , AND A WORK SESSION AT 7.00 P.M , BE HELD ON MONDAY, JULY 1, 2013, 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, JULY 2, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL Ui \S.\ li WS \\II\, REG SPEC CITY COUNCIL: P / A P //A P / A MAYOR INSALACO V \/J ~ VICE MAYOR BARKER \/ ✓/ COUNCILMEMBER EVANS 1/ V COUNCILMEMBER RIZZI /7, V/ , COUNCILMEMBER SERDY V ✓ COUNCILMEMBER WALDRON COUNCILMEMBER WILSON V TOTAL ri___ /I CITY STAFF V 0 \\C6 City Manager George Hoffman " V Assistant City Manager Bryant Powell City Clerk Kathleen Connelly // / City Attorney Joel Stern V 7 Deputy Chief Tom Kelly `✓ / ... Public Works Director Giao / Pham VVV Parks & Recreation Director / Jeff Bell �/ Library Director Spencer Paden !✓ - Finance Director Donna / Meinerts V Development Svcs Director / Brad Steinke �/ Human Resources Director Liz ✓, Riley 1 Assistant to the City Manag (� Matt Busby1/1 '‘ ,/ OTHERS4k , ,,,, 1' ...... . i , 60: y41e� Date: J -/13 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. 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 Li NOD Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. Name (Print) • 1 c AT rLc Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. ;onsent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation Signature of Parent/Guardian Date 02/23/12