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HomeMy WebLinkAbout2014 02.04 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday, February 4,2014 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 prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 14-31 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-32 Approval of minutes of regular meeting of January 21, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 012114 ccmin 012114 FINAL 3. 14-34 The mayor and council shall consider approval of Resolution No. 14-05, expressing support for the restoration of the Highway User Revenue Fund distribution to cities, towns, counties and state highways. Consideration and action. Sponsors: Matt Busby Attachments: Resolution 14-05 HURF Resolution No. 14-05 FINAL 4. 14-18 The mayor and council shall consider the appointment of Raymond Geiser as magistrate pro-tem for a term ending December 31, 2015. This item was discussed on the February 3, 2014 Work Session. Consideration and action. Sponsors: James Hazel City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda February 4,2014 5. 14-30 The mayor and council shall consider approval of award of contract to Core Construction, Inc. for renovations to the Apache Junction Police Department in an amount not to exceed $818,375.00. Consideration and action. Sponsors: Bryant Powell Attachments: H2Group Cover Letter re PD Renovations Contract Core Construction Contract for PD Renovations 6. 14-24 The mayor and council shall consider a bid award for a fully equipped, 32' mobile stage. Staff recommends the bid be awarded to the sole bidder, Century Industries, in an amount not to exceed $158,154.00, and request permission to move forward with the procurement. Consideration and action. Sponsors: Nick Blake Attachments: Mobile Stage Bid Memo.pdf 7. 14-25 The mayor and city council shall consider a bid award for Prospector Park Sport Court and American Disabilites Act Improvements (Parks and Recreation Project No. PR-14-01)to ValWest Construction, Inc. in an amount not to exceed $305,658.93. Consideration and action. Sponsors: Nick Blake Attachments: Sports Court and ADA Improvements.pdf 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. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 8. 14-42 City manager's report. Presentation. Sponsors. George Hoffman 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. City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda February 4,2014 9. 14-37 Application for a new license, corporation, series 10 liquor license for Shell Food Mart#1 located at 420 North Apache Trail, Apache Junction. This public hearing is the next step in the procedure for obtaining a liquor license. Council will make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 shell food mart cc 2014 shell food mart application part 1 2014 shell food mart application part 2 2014 shell food mart 10.not 2014 shell food mart 10.1et 2014 shell food mart 10.DEP 2014 shell food mart building recommendation 2014 shell food mart fd recommendation 2014 shell food mart planning recommendation Shell Food Mart#1 proposed re-opening email 2014 shell food mart pd recommendation 10. 14-36 Application for a person transfer, location transfer, limited liability company, series 9 liquor license for Date Tree located at 2925 W. Superstition Boulevard, Apache Junction. This public hearing is the next step in the procedure for obtaining a liquor license. Council will make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. Sponsors. Kathy Connelly Attachments: 2014 date tree cc 2014 date tree application part 1 2014 date tree application part 2 2014 date tree 9.not 2014 date tree 9.let 2014 date tree.dep 2014 date tree building recommendation 2014 date tree fd recommendation 2014 date tree planning recommendation 2014 date tree pd recommendation 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. City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda February 4,2014 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 written 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 11. 14-40 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, February 17, 2014 is canceled due to the observation of Presidents' Day. 12. 14-41 Executive session at 5:45 p.m. and work session at 7:00 p.m. will be held on Tuesday, February 17, 2014, 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 prior to the scheduled time. City of Apache Junction,Arizona Page 4 Printed on 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. '+'Piz File ID: 14-31 Sponsor: Kathy Connelly Agenda Date: 2/4/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. '+'Piz File ID: 14-32 Sponsor: Kathy Connelly Agenda Date: 2/4/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of January 21, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING JANUARY 21, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 21, 2014, 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 Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi 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 Public Safety Director Tom Kelly Public Works Director Giao Pham Development Services Director Brad Steinke Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 1 OF 14 Others Present: Management Assistant Anna McCray ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROPOSED CONTRACT BETWEEN MID- WEST GIS, INC. AND THE CITY OF APACHE JUNCTION FOR PW 2013-14 CITYWIDE TRAFFIC SIGN INVENTORY IN AN AMOUNT NOT TO EXCEED $65, 450 . 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Representative Doug Coleman briefed the council on pending and proposed state legislation including the governor' s budget, creating a new cabinet position in charge of child welfare, and his trying to keep local control over local issues . Vice Mayor Barker commented she has heard the JLBC is encouraging some HURF return over the next couple of years . She asked if a balance between the two viewpoints could be made. Representative Doug Coleman stated there may be. He spoke to the governor' s staff during the presentation and asked specifically about the HURF funding. They are well aware of it. It sounded like it would be addressed in the next budget cycle . They are doing some things that will not affect the cities and the city manager can explain that later. It will not help Apache Junction or Queen Creek. It is a conservative budget in predicting what our revenues will be. In the past it has not been as conservative as the estimates of JLBC and the ones that come out of the house and the senate. It is usually more generous . He has not seen anything from the speaker or the president as far as the budget. He believes they let the REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 2 OF 14 governor come out first, look at it, see where the priorities are, match their priorities and then there is some negotiating. It is a different process than what is here. Mayor Insalaco commented he cannot understand the other legislators . They come from the cities and towns and appear not to recognize that their cities and towns need help. Representative Coleman seems to take care of us or at least try to. Representative Doug Coleman commented there is a huge amount of interest. His priorities are the cities and towns . Not all of them understand the situation we are in now, even if they have served on a city council . It is like not all teachers understand the difficulty some school districts are having. The HURF funding now is being diverted to the Department of Public Safety. The Department of Public Safety has not had any sort of raise in five years, the governor is not proposing a raise for them and they are losing officers to other agencies . There are costs associated with training for new officers . It is a balance . He recommended the local officials become part of the process . Be vocal about what the needs are and be heard over there so they will become part of the dialogue. The League does a good job in keeping people informed and local officials informed. He encouraged them to use the League as well and keep track of what is going on. Let your opinions be known and do not just rely on the League. They are very good at coordinating and letting you know what will have an impact. Write an email or send a letter if they request it. It really does make a difference and has an impact. Vice Mayor Barker asked if he sees any movement on the incorporation bill . Representative Doug Coleman stated he had. Vice Mayor Barker asked if it is the same thing. Representative Doug Coleman stated the one he has heard of is the one the League negotiated a couple of years ago. A phase-in process but he has not seen the particulars on it. He is not sure it has been dropped yet. How much of an impact it will have on Apache Junction he is not sure of. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 3 OF 14 Councilmember Serdy asked if there is anything they can do about the Cold Fire plant up north or is it a national issue out of their hands . Representative Doug Coleman stated according to some of his colleagues every issue is a state issue. They will do what they can. He thinks by letting the feds know the devastating impact it will have on our state if they close it, not only for jobs up on the reservation but also the cost of electricity. The reason they are trying to close it is because of the effect and impact it has on the Grand Canyon, which has been shown to be minimal . It does not affect the visual at all . That is what is supposed to be the problem. The state has been pretty aggressive in trying to find a solution without having it closed. There is a working group that got together with Arizona Public Service and Salt River Project and those groups, trying to find a solution the feds would accept without shutting the plant down. We need to be vocal on that as well . Councilmember Serdy commented a few years ago tourism got cut out of the budget. He asked if they were going to keep it in there as that continues to generate money to pay for everything. He hopes it will stay in the budget, especially out here . They are greatly affected by it. Representative Coleman stated there are different ideas and ideologies down there. He met today with a group that wants the film commission to form an Office of Film and Media. It went away about three years ago and there is a push to reestablish that office. All the states around us offer some sort of tax credit to movie companies coming in to film. They are looking at that as well as an economic boost. Councilmember Serdy commented it is one more thing they can poach from California. Representative Coleman stated there are 1, 001 ways for a bill to die. Things get introduced and get brushed aside for one reason or another. He generally supports economic development tools and will continue to do so. Councilmember Wilson commented he would like to praise him in this aspect. Wearing his other hat as president of the Arizona REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 4 OF 14 Horse Council, he gets to see several of these bills that go in and deal with livestock. Most of them are anywhere from 4 to 7 pages in length. It is a lot of reading. If he has 625 bills times 5 pages, he really thanks him for being there and going through all of them and comprehending them. Representative Doug Coleman stated it is a privilege and a pleasure . He is not sure he comprehends them all the first time but he works at it. He has resources he goes to if he has a question about what a bill does . There are some people he trusts to give him a straight answer and some he does not trust. There is a bill pending tomorrow on the higher education committee he is on and it had something to do with the county school superintendents and administration. He did not understand it. He called the former policy advisor of education on it, stating it sounds a lot like a bill last year. She explained that bill was to fix a problem between Cochise County and Pima County Community Colleges . The new bill lightens the administrative costs to some of the community college districts . It is totally different. Mayor Insalaco commented they are all proud of what he does for them and he is thankful he is there . Representative Doug Coleman stated he is proud to say he is from Apache Junction and a former councilmember and mayor. Some respect it and some do not. But that is okay. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER' S REPORT City Manager George Hoffman thanked Representative Coleman for showing up tonight. He commented on the HURF sweeps and a resolution on having street funding reduced. PUBLIC HEARINGS DRAFT DEVELOPMENT FEE STUDY ENTITLED "'LAND USE ASSUMPTIONS AND INFRASTRUCTURE IMPROVEMENT PLAN" ) REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 5 OF 14 ) Development Services Director Brad Steinke briefed the council on the item. Ms . Meredith Hill, Tischler- Bise, consultant for the development fee study, addressed the council to brief them on the item. Councilmember Waldron asked if the numbers in the report they got are for a five year period. Ms . Meredith Hill asked if he meant the fee amount. Councilmember Waldron commented that is correct. He is asking about the difference between the proposed and existing. Ms . Meredith Hill stated that is the fee they will collect per single residential housing unit. Councilmember Waldron asked if that is anticipated over a five year period. Ms . Meredith H111 stated the enabling legislation requires that these three documents, or the development fees, be revisited every five years . However, if the situation changes in the city, they are allowed to revisit them sooner. For instance, if Lost Dutchman Heights kicks off and that necessitates its own service area in three years time, they may revisit it earlier. Councilmember Waldron commented his concern is that to help with development he would like to lower the development fees . Yet at the same time they are struggling to fix the streets because of the HURF funds . Apache Trail is looking at $2 million and yet there is a pretty serious reduction in the fees . He is not saying it is a bad thing but he is curious as to why. Ms . Meredith Hill stated most of that is the change in the enabling legislation. They are all REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 6 OF 14 feeling their way through the new legislation. Its intent was to give careful consideration to identifying achievable and necessary projects . The legislation, as it existed, passed and allowed for a different methodology and calculations . This is looking more intently at identifying in advance projects which might be needed. They have been able, with the incremental expansion methodology, to, in many cases, identify more qualified projects than will actually be necessary in the 10 year period. They would have the flexibility to choose from that qualified list and respond to market demands . The change in the legislation is what is triggering the lower fees in most cases . City Manager George Hoffman stated one thing he would like to share for the public is these fees that are being talked about tonight are when new development occurs and new residents come in. Then the community will have additional infrastructure needs . Many of us have lived in the community for a long time . The intersection at Delaware and Broadway was a four-way stop. It worked well for years and years and years . Then we had a lot of new development come in and it had to be signalized. The cost of going from a four-way stop and going from a two lane road to a five lane road and signalizing the intersection was borne by the new residents through these fees . When they add capacity to the infrastructure of this community, when they add a lane or go from a four-way stop to a traffic signal, then we can use these funds . We cannot use these funds for routine maintenance. They cannot use them at all to maintain Apache Trail . Even if they go down it is not about what they can maintain, it is about the level and amount of new infrastructure they could add through the development fees . He is not sure he had made anything any clearer. Development fees add infrastructure capacity and they cannot be used for routine maintenance. Vice Mayor Barker asked if they can be used for new roads . City Manager George Hoffman stated development fees can be used for new roads . Vice Mayor Barker commented only if the growth calls for the new roads . REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 7 OF 14 City Manager George Hoffman stated that is correct. That is what she is outlining. At some point on Southern, as it goes from four lanes down to two, if that area develops, the development fees would allow them to expand that two lane section to four lanes . Councilmember Wilson asked if the population includes the winter visitors with the traffic they create . Assistant City Manager Bryant Powell stated it is based on the permanent residents . Councilmember Wilson commented about the signalization of intersections . This past weekend they had traffic backed up 10 to 15 cars deep on either side of Superstition at North Apache Trail because of State Route 88 being used. He asked if the signalization on state routes is included. Ms . Meredith Hill stated it would not because it is on a state maintained road. The calculation methodology is based on existing city maintained roads . Assistant City Manager Bryant Powell commented that is an intersection everyone wonders about. One of these nights they will have the public works director come in and give an update on state plans for the infrastructure within our community. It will be an update on the design of that intersection along with Meridian and the interchange at US 60 . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Evans asked if it has slowed down or stopped the progress of any of the developments we had already planned out with the fees going down. She asked if they have come to a stop. She commented Rudy had stated he was swamped with awnings permits . REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 8 OF 14 Development Services Director Brad Steinke stated right now the developers looking at subdivision development and commercial development are going to go at their pace, not our pace. They have their plans and if they happen to fall after August 4, they will pay a lower fee . Staff had a discussion with the council about whether or not the city was going to have people reimbursed if they did something now and later reimburse them. The council, with the assistance of the city attorney, stated that would not be a wise legal move. These developers are moving forward. The answer is no at this point. He has not seen the prospective lower fees impact existing development in the pipeline or people they have talked to. The market tends to make that decision, not the development fees . He thinks the consultant would agree that is correct. City Manager George Hoffman stated as we think about June and July, when someone is really coming right down to it and they can buy it for "x" today or $4, 500 less August 5, he thinks they would see some people wait. They have not seen it yet, but as they get closer to it, it is reasonable to believe some people might push the timing back. They have a calculus of decisions to make but that variable may loom larger as they get closer and closer. Development Services Director Brad Steinke stated someone will do it July 30 . They will pull a permit and decide then. Councilmember Waldron asked if it is assessed when the permit is pulled. Development Services Director Brad Steinke stated that is correct. This was a public hearing discussion item only. Mayor Insalaco closed the item and moved on to the next item. OLD BUSINESS None . NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 9 OF 14 PROCUREMENT THRESHOLD REQUIRING COUNCIL APPROVAL ) Management Assistant Anna McCray briefed the council on the item. Vice Mayor Barker asked if the funds have to be within the department that decides to spend them in Marana and Oro Valley. She asked, as an example, if the funds would have to be in the development services budget if they decide they need some kind of equipment that is $200, 000 or could it be in the general fund budget that they pull from. City Attorney Joel Stern stated his guess is the council would approve a budget, and if they have anything within the budget that has been allocated they do not have to bring it back to the council . They have to go through the procurement code, and both cities have one. As an example, there is a new line item the public works department wants and it was not in the budget, but there is available money through the general fund. He believes it could be a discretionary thing through the city manager dependent upon how much discretion they give the city manager. They would probably have to go ask those two cities how they handle a situation like that. If it is not in the actual budget, maybe the councils at the time said to let the city managers handle it. He cannot imagine them saying that. Vice Mayor Barker agreed. City Attorney Joel Stern stated they may have said that. They might have said if it is something extra and the money is in the general fund, they can go ahead and spend the money. He seriously doubts how that works, but he can find out. Vice Mayor Barker stated she was just curious as it seemed a loose way of handling procurement, especially extremely expensive items . Councilmember Waldron commented he had asked for this to be put on the work plan. Public works was up here giving a presentation on purchasing cars for the police department. It was an already budgeted REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 10 OF 14 item, a specifically budgeted item that required staff time to do the presentation and bring it to the council on something they had already approved. That is his concern. If they have specifically approved it in the budget, six police cars for example of whatever type they happen to be, he questioned why they should have to come back to the council . They should not have to devote extra staff time for an already budgeted item. Vice Mayor Barker commented he is saying the specific item was already approved at the rate they were presenting to us . Councilmember Waldron commented that is correct. Vice Mayor Barker commented that seems like a waste of time. Councilmember Waldron agreed. City Clerk Kathleen Connelly stated she knows the department they are talking about is the police department. However, the concept of the police cars and an amount was approved in the budget. What they came back with had some differences to what they had originally been shown. Councilmember Waldron agreed. City Clerk Kathleen Connelly stated what they did was, because of the procurement code, they approved that purchase from a particular bidder or particular amount. There was a lot more detail . Her concern is not so much the threshold, but to make sure the process still allows bidders to have a fair chance at getting the city' s business . Councilmember Waldron commented he does not think they are asking to change the bid process at all . His only concern is that they have approved the budget for something, a car, a line item, not something that comes out of non-departmental because we want to buy another car. He is not proposing they not have it come back but he thinks they need to up the threshold. The threshold has been there since 1984 . REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 11 OF 14 City Clerk Kathleen Connelly stated originally it was $5, 000 . It has changed a few times . Councilmember Waldron commented he thinks they need to look at moving it up. He thinks $500, 000 is obviously excessive, but $50, 000 to him or somewhere in between is reasonable. That is his thinking behind it. It is kind of duplicative efforts to have it come back to them because the threshold is so low, particularly when given the difference in costs when it was first set up. Vice Mayor Barker commented it seems that population has something to do with the threshold that has been created and probably staff availability. Because of a smaller populated community they would quite possibly have less staff to take care of that. Councilmember Waldron commented he was not sure since Mesa has $25, 000 . Vice Mayor Barker commented that is true . She just now saw that and was hoping he would not. She thanked him for pointing that out. She will talk to someone over there and see if she can get it changed. Councilmember Waldron commented as a footnote they have a population of 300, 000 . City Clerk Kathleen Connelly stated this would have to come back to the council at some point in time . City Manager George Hoffman stated it they want to change . City Clerk Kathleen Connelly stated if they want it to be changed they would have to give direction to staff at a subsequent meeting. Vice Mayor Barker commented she would like to see the advantages and disadvantages from a staff point of view before making that recommendation. If they REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 12 OF 14 raise it to $50, 000, she asked if that would create a burden or does it relieve a burden. This was a discussion item only. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. 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, FEBRUARY 3, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, FEBRUARY 4, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco thanked the people attending from the Citizens Leadership Institute. CALL TO THE PUBLIC: None . ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 45 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of January 7, 2013 . REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 13 OF 14 3 . Consideration and approval of proposed contract with Mid- West GIS, Inc. for PW 2013-14 Citywide Traffic Sign Inventory in an amount not to exceed $65, 450 . 00 . ACCEPTED THIS 4TH DAY OF FEBRUARY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF FEBRUARY, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 21st day of January, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 23rd day of January, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 14 OF 14 CITY COUNCIL REGULAR MEETING JANUARY 21, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 21, 2014 , 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 Councilmember Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor InsalAco Vice Mayor Barker Councilmember Evans Councilmember Rizzi 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 Public Safety Director Tom Kelly Public Works Director Giao Pham Development Services Director Brad Steinke Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 1 OF 14 Others Present : Management Assistant Anna McCray ACCEPTANCE OF CONSENT AGENDA ) vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PROPOSED CONTRACT BETWEEN MID- WEST GIS, INC. AND THE CITY OF APACHE JUNCTION FOR PW 2013-14 CITYWIDE TRAFFIC SIGN INVENTORY IN AN AMOUNT NOT TO EXCEED $65, 450 . 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Representative Doug Coleman briefed the council on pending and proposed state legislation including the governor' s budget, creating a new cabinet position in charge of child welfare, and his trying to keep local control over local issues. Vice Mayor Barker commented she has heard the JLBC is encouraging some HURF return over the next couple of years. She asked if a balance between the two viewpoints could be made. Representative Doug Coleman stated there may be. He spoke to the governor' s staff during the presentation and asked specifically about the HURF funding. They are well aware of it . It sounded like it would be addressed in the next budget cycle. They are doing some things that will not affect the cities and the city manager can explain that later. It will not help Apache Junction or Queen Creek. It is a conservative budget in predicting what our revenues will be. In the past it has not been as conservative as the estimates of JLBC and the ones that come out of the house and the senate. It is usually more generous. He has not seen anything from the speaker or the president as far as the budget . He believes they let the REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 2 OF 14 governor come out first, look at it, see where the priorities are, match their priorities and then there is some negotiating. It is a different process than what is here. Mayor Insalaco commented he cannot understand the other legislators . They come from the cities and towns and appear not to recognize that their cities and towns need help. Representative Coleman seems to take care of us or at least try to. Representative Doug Coleman commented there is a huge amount of interest. His priorities are the cities and towns. Not all of them understand the situation we are in now, even if they have served on a city council . It is like not all teachers understand the difficulty some school districts are having. The HURF funding now is being diverted to the Department of Public Safety. The Department of Public Safety has not had any sort of raise in five years, the governor is not proposing a raise for them and they are losing officers to other agencies . There are costs associated with training for new officers . It is a balance. He recommended the local officials become part of the process. Be vocal about what the needs are and be heard over there so they will become part of the dialogue. The League does a good job in keeping people informed and local officials informed. He encouraged them to use the League as well and keep track of what is going on. Let your opinions be known and do not just rely on the League. They are very good at coordinating and letting you know what will have an impact . Write an email or send a letter if they request it . It really does make a difference and has an impact . Vice Mayor Barker asked if he sees any movement on the incorporation bill . Representative Doug Coleman stated he had. Vice Mayor Barker asked if it is the same thing. Representative Doug Coleman stated the one he has heard of is the one the League negotiated a couple of years ago. A phase-in process but he has not seen the particulars on it . He is not sure it has been dropped yet. How much of an impact it will have on Apache Junction he is not sure of . REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 3 OF 14 I Councilmember Serdy asked if there is anything they can do about the Cold Fire plant up north or is it a national issue out of their hands. Representative Doug Coleman stated according to some of his colleagues every issue is a state issue. They will do what they can. He thinks by letting the feds know the devastating impact it will have on our state if they close it, not only for jobs up on the reservation but also the cost of electricity. The reason they are trying to close it is because of the effect and impact it has on the Grand Canyon, which has been shown to be minimal . It does not affect the visual at all . That is what is supposed to be the problem. The state has been pretty aggressive in trying to find a solution without having it closed. There is a working group that got together with Arizona Public Service and Salt River Project and those groups, trying to find a solution the feds would accept without shutting the plant down. We need to be vocal on that as well. Councilmember Serdy commented a few years ago tourism got cut out of the budget. He asked if they were going to keep it in there as that continues to generate money to pay for everything. He hopes it will stay in the budget, especially out here. They are greatly affected by it. Representative Coleman stated there are different ideas and ideologies down there. He met today with a group that wants the film commission to form an Office of Film and Media. It went away about three years ago and there is a push to reestablish that office. All the states around us offer some sort of tax credit to movie companies coming in to film. They are looking at that as well as an economic boost. Councilmember Serdy commented it is one more thing they can poach from California. Representative Coleman stated there are 1, 001 ways for a bill to die. Things get introduced and get brushed aside for one reason or another. He generally supports economic development tools and will continue to do so. Councilmember Wilson commented he would like to praise him in this aspect. Wearing his other hat as president of the Arizona REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 4 OF 14 Horse Council, he gets to see several of these bills that go in and deal with livestock. Most of them are anywhere from 4 to 7 pages in length. It is a lot of reading. If he has 625 bills times 5 pages, he really thanks him for being there and going through all of them and comprehending them. Representative Doug Coleman stated it is a privilege and a pleasure. He is not sure he comprehends them all the first time but he works at it . He has resources he goes to if he has a question about what a bill does. There are some people he trusts to give him a straight answer and some he does not trust. There is a bill pending tomorrow on the higher education committee he is on and it had something to do with the county school superintendents and administration. He did not understand it . He called the former policy advisor of education on it, stating it sounds a lot like a bill last year. She explained that bill was to fix a problem between Cochise County and Pima County Community Colleges . The new bill lightens the administrative costs to some of the community college districts . It is totally different . Mayor Insalaco commented they are all proud of what he does for them and he is thankful he is there. Representative Doug Coleman stated he is proud to say he is from Apache Junction and a former councilmember and mayor. Some respect it and some do not. But that is okay. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER' S REPORT City Manager George Hoffman thanked Representative Coleman for showing up tonight . He commented on the HURF sweeps and a resolution on having street funding reduced. PUBLIC HEARINGS DRAFT DEVELOPMENT FEE STUDY ENTITLED "LAND USE ASSUMPTIONS AND INFRASTRUCTURE IMPROVEMENT PLAN" REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 5 OF 14 Development Services Director Brad Steinke briefed the council on the item. Ms. Meredith Hill, Tischler- Bise, consultant for the development fee study, addressed the council to brief them on the item. Councilmember Waldron asked if the numbers in the report they got are for a five year period. Ms. Meredith Hill asked if he meant the fee amount. Councilmember Waldron commented that is correct. He is asking about the difference between the proposed and existing. Ms. Meredith Hill stated that is the fee they will collect per single residential housing unit. Councilmember Waldron asked if that is anticipated over a five year period. Ms. Meredith H111 stated the enabling legislation requires that these three documents, or the development fees, be revisited every five years . However, if the situation changes in the city, they are allowed to revisit them sooner. For instance, if Lost Dutchman Heights kicks off and that necessitates its own service area in three years time, they may revisit it earlier. Councilmember Waldron commented his concern is that to help with development he would like to lower the development fees . Yet at the same time they are struggling to fix the streets because of the HURF funds. Apache Trail is looking at $2 million and yet there is a pretty serious reduction in the fees. He is not saying it is a bad thing but he is curious as to why. Ms. Meredith Hill stated most of that is the change in the enabling legislation. They are all REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 6 OF 14 feeling their way through the new legislation. Its intent was to give careful consideration to identifying achievable and necessary projects. The legislation, as it existed, passed and allowed for a different methodology and calculations. This is looking more intently at identifying in advance projects which might be needed. They have been able, with the incremental expansion methodology, to, in many cases, identify more qualified projects than will actually be necessary in the 10 year period. They would have the flexibility to choose from that qualified list and respond to market demands . The change in the legislation is what is triggering the lower fees in most cases. City Manager George Hoffman stated one thing he would like to share for the public is these fees that are being talked about tonight are when new development occurs and new residents come in. Then the community will have additional infrastructure needs. Many of us have lived in the community for a long time. The intersection at Delaware and Broadway was a four-way stop. It worked well for years and years and years. Then we had a lot of new development come in and it had to be signalized. The cost of going from a four-way stop and going from a two lane road to a five lane road and signalizing the intersection was borne by the new residents through these fees. When they add capacity to the infrastructure of this community, when they add a lane or go from a four-way stop to a traffic signal, then we can use these funds. We cannot use these funds for routine maintenance. They cannot use them at all to maintain Apache Trail . Even if they go down it is not about what they can maintain, it is about the level and amount of new infrastructure they could add through the development fees. He is not sure he had made anything any clearer. Development fees add infrastructure capacity and they cannot be used for routine maintenance. Vice Mayor Barker asked if they can be used for new roads. City Manager George Hoffman stated development fees can be used for new roads. Vice Mayor Barker commented only if the growth calls for the new roads. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 7 OF 14 I City Manager George Hoffman stated that is correct . That is what she is outlining. At some point on Southern, as it goes from four lanes down to two, if that area develops, the development fees would allow them to expand that two lane section to four lanes . Councilmember Wilson asked if the population includes the winter visitors with the traffic they create. Assistant City Manager Bryant Powell stated it is based on the permanent residents . Councilmember Wilson commented about the signalization of intersections. This past weekend they had traffic backed up 10 to 15 cars deep on either side of Superstition at North Apache Trail because of State Route 88 being used. He asked if the signalization on state routes is included. Ms. Meredith Hill stated it would not because it is on a state maintained road. The calculation methodology is based on existing city maintained roads. Assistant City Manager Bryant Powell commented that is an intersection everyone wonders about. One of these nights they will have the public works director come in and give an update on state plans for the infrastructure within our community. It will be an update on the design of that intersection along with meridian and the interchange at US 60 . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Evans asked if it has slowed down or stopped the progress of any of the developments we had already planned out with the fees going down. She asked if they have come to a stop. She commented Rudy had stated he was swamped with awnings permits. REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 8 OF 14 Development Services Director Brad Steinke stated right now the developers looking at subdivision development and commercial development are going to go at their pace, not our pace. They have their plans and if they happen to fall after August 4, they will pay a lower fee. Staff had a discussion with the council about whether or not the city was going to have people reimbursed if they did something now and later reimburse them. The council, with the assistance of the city attorney, stated that would not be a wise legal move. These developers are moving forward. The answer is no at this point . He has not seen the prospective lower fees impact existing development in the pipeline or people they have talked to. The market tends to make that decision, not the development fees. He thinks the consultant would agree that is correct . City Manager George Hoffman stated as we think about June and July, when someone is really coming right down to it and they can buy it for "x" today or $4, 500 less August 5, he thinks they would see some people wait . They have not seen it yet, but as they get closer to it, it is reasonable to believe some people might push the timing back. They have a calculus of decisions to make but that variable may loom larger as they get closer and closer. Development Services Director Brad Steinke stated someone will do it July 30 . They will pull a permit and decide then. Councilmember Waldron asked if it is assessed when the permit is pulled. Development Services Director Brad Steinke stated that is correct. This was a public hearing discussion item only. Mayor Insalaco closed the item and moved on to the next item. OLD BUSINESS None. NEW BUSINESS REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 9 OF 14 PROCUREMENT THRESHOLD REQUIRING COUNCIL APPROVAL ) Management Assistant Anna McCray briefed the council on the item. Vice Mayor Barker asked if the funds have to be within the department that decides to spend them in Marana and Oro Valley. She asked, as an example, if the funds would have to be in the development services budget if they decide they need some kind of equipment that is $200, 000 or could it be in the general fund budget that they pull from. City Attorney Joel Stern stated his guess is the council would approve a budget, and if they have anything within the budget that has been allocated they do not have to bring it back to the council . They have to go through the procurement code, and both cities have one. As an example, there is a new line item the public works department wants and it was not in the budget, but there is available money through the general fund. He believes it could be a discretionary thing through the city manager dependent upon how much discretion they give the city manager. They would probably have to go ask those two cities how they handle a situation like that. If it is not in the actual budget, maybe the councils at the time said to let the city managers handle it . He cannot imagine them saying that . Vice Mayor Barker agreed. City Attorney Joel Stern stated they may have said that. They might have said if it is something extra and the money is in the general fund, they can go ahead and spend the money. He seriously doubts how that works, but he can find out . Vice Mayor Barker stated she was just curious as it seemed a loose way of handling procurement, especially extremely expensive items . Councilmember Waldron commented he had asked for this to be put on the work plan. Public works was up here giving a presentation on purchasing cars for the police department. It was an already budgeted REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 10 OF 14 item, a specifically budgeted item that required staff time to do the presentation and bring it to the council on something they had already approved. That is his concern. If they have specifically approved it in the budget, six police cars for example of whatever type they happen to be, he questioned why they should have to come back to the council . They should not have to devote extra staff time for an already budgeted item. Vice Mayor Barker commented he is saying the specific item was already approved at the rate they were presenting to us. Councilmember Waldron commented that is correct . Vice Mayor Barker commented that seems like a waste of time. Councilmember Waldron agreed. City Clerk Kathleen Connelly stated she knows the department they are talking about is the police department . However, the concept of the police cars and an amount was approved in the budget . What they came back with had some differences to what they had originally been shown. Councilmember Waldron agreed. City Clerk Kathleen Connelly stated what they did was, because of the procurement code, they approved that purchase from a particular bidder or particular amount. There was a lot more detail. Her concern is not so much the threshold, but to make sure the process still allows bidders to have a fair chance at getting the city' s business. Councilmember Waldron commented he does not think they are asking to change the bid process at all . His only concern is that they have approved the budget for something, a car, a line item, not something that comes out of non-departmental because we want to buy another car. He is not proposing they not have it come back but he thinks they need to up the threshold. The threshold has been there since 1984 . REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 11 OF 14 City Clerk Kathleen Connelly stated originally it was $5, 000 . It has changed a few times. Councilmember Waldron commented he thinks they need to look at moving it up. He thinks $500, 000 is obviously excessive, but $50, 000 to him or somewhere in between is reasonable. That is his thinking behind it. It is kind of duplicative efforts to have it come back to them because the threshold is so low, particularly when given the difference in costs when it was first set up. Vice Mayor Barker commented it seems that population has something to do with the threshold that has been created and probably staff availability. Because of a smaller populated community they would quite possibly have less staff to take care of that. Councilmember Waldron commented he was not sure since Mesa has $25, 000 . Vice Mayor Barker commented that is true. She just now saw that and was hoping he would not. She thanked him for pointing that out . She will talk to someone over there and see if she can get it changed. Councilmember Waldron commented as a footnote they have a population of 300, 000 . City Clerk Kathleen Connelly stated this would have to come back to the council at some point in time. City Manager George Hoffman stated it they want to change. City Clerk Kathleen Connelly stated if they want it to be changed they would have to give direction to staff at a subsequent meeting. Vice Mayor Barker commented she would like to see the advantages and disadvantages from a staff point of view before making that recommendation. If they REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 12 OF 14 raise it to $50, 000, she asked if that would create a burden or does it relieve a burden. This was a discussion item only. Mayor Insalaco closed the discussion with no further comments and moved on to the next item. 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, FEBRUARY 3, 2014, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 :45 P.M. BE HELD ON TUESDAY, FEBRUARY 4, 2014, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco thanked the people attending from the Citizens Leadership Institute. CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 :45 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of January 7, 2013 . REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 13 OF 14 3 . Consideration and approval of proposed contract with Mid- West GIS, Inc. for PW 2013-14 Citywide Traffic Sign Inventory in an amount not to exceed $65,450. 00 . ACCEPTED THIS 4TH DAY OF FEBRUARY, 2014 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 4TH DAY OF FEBRUARY, 2014 . &S. �;' " INSAL%CO- ayor ATTEST: KATHLEEN CONNEL� City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 21st day of January, 2014 . 1 further certify that the meeting was duly called and held and that a quorum was present . Dated this 23rd day of January, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 21, 2014 PAGE 14 OF 14 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 3. QitoN►' File ID: 14-34 Sponsor: Matt Busby Agenda Date: 2/4/2014 Index: In Control: City Council Meeting The mayor and council shall consider approval of Resolution No. 14-05, expressing support for the restoration of the Highway User Revenue Fund distribution to cities, towns, counties and state highways. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 RESOLUTION NO. 14-05 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE RESTORATION OF THE HIGHWAY USER REVENUE FUND DISTRIBUTION TO CITIES, TOWNS, COUNTIES AND STATE HIGHWAYS . WHEREAS, the State of Arizona taxes motor fuels and collects a variety of fees and charges relating to the registration and operation of motor vehicles on the public highways of the state including gasoline and use-fuel taxes, motor-carrier taxes, vehicle-license taxes, motor vehicle registration fees and other miscellaneous fees; and WHEREAS, these revenues are deposited in the Arizona Highway User Revenue Fund (HURF) for distribution to the cities, towns and counties and to the State Highway Fund; and WHEREAS, these taxes represent a primary source of revenues available to the state and local governments for street and highway construction, improvements and other related expenses; and WHEREAS, in the last ten years, more than $200 million in city and town HURF funds have been transferred to the Department of Public Safety, including more than $34 million in each of the last three years of money intended for municipal use equating to approximately $284, 000 each of those years from the City of Apache Junction; and WHEREAS, the impact of this revenue loss is leading to the increased deterioration of our essential transportation infrastructure as well as a loss of construction-related jobs . NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Apache Junction hereby declare full support that in 2014 the Governor and State Legislature restore full funding of the HURF account to cities, towns, counties and the State Highway Fund according to the statutory distribution methodology for the intended purposes of road, street and highway construction, maintenance and preservation, and that all future HURF revenues be protected from diversions to other purposes . RESOLUTION NO. 14-05 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014, and SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN S . INSALACO Mayor KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-05 PAGE 2 OF 2 RESOLUTION NO. 14-05 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, EXPRESSING SUPPORT FOR THE RESTORATION OF THE HIGHWAY USER REVENUE FUND DISTRIBUTION TO CITIES, TOWNS, COUNTIES AND STATE HIGHWAYS. WHEREAS, the State of Arizona taxes motor fuels and collects a variety of fees and charges relating to the registration and operation of motor vehicles on the public highways of the state including gasoline and use-fuel taxes, motor-carrier taxes, vehicle-license taxes, motor vehicle registration fees and other miscellaneous fees; and WHEREAS, these revenues are deposited in the Arizona Highway User Revenue Fund (HURF) for distribution to the cities, towns and counties and to the State Highway Fund; and WHEREAS, these taxes represent a primary source of revenues available to the state and local governments for street and highway construction, improvements and other related expenses; and WHEREAS, in the last ten years, more than $200 million in city and town HURF funds have been transferred to the Department of Public Safety, including more than $34 million in each of the last three years of money intended for municipal use equating to approximately $284, 000 each of those years from the City of Apache Junction; and WHEREAS, the impact of this revenue loss is leading to the increased deterioration of our essential transportation infrastructure as well as a loss of construction-related jobs. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Apache Junction hereby declare full support that in 2014 the Governor and State Legislature restore full funding of the HURF account to cities, towns, counties and the State Highway Fund according to the statutory distribution methodology for the intended purposes of road, street and highway construction, maintenance and preservation, and that all future HURF revenues be protected from diversions to other purposes. RESOLUTION NO. 14-05 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 4T9 DAY OF FELRUARY . 2014, and SIGNED AND ATTESTED TO THIS 4TH DAY OF FEBRUARY 2014 . 6- J0 S. INSA' CO 6)yor KATHLEEN CONN LLY City Clerk APPROVED AS TO FORM: - 4 2-Al- 14 - -- R—ICH-A*@VJ'. STERN City Attorney RESOLUTION NO. 14-05 PAGE 2 OF 2 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. Piz File ID: 14-18 Sponsor: James Hazel Agenda Date: 2/4/2014 Index: In Control: City Council Meeting The mayor and council shall consider the appointment of Raymond Geiser as magistrate pro-tem for a term ending December 31, 2015. This item was discussed on the February 3, 2014 Work Session. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. Piz File ID: 14-30 Sponsor: Bryant Powell Agenda Date: 2/4/2014 Index: In Control: City Council Meeting The mayor and council shall consider approval of award of contract to Core Construction, Inc. for renovations to the Apache Junction Police Department in an amount not to exceed $818,375.00. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 W THE H2 GROUP,LLC 17470 North Pacesetter Way Scottsdale,Arizona 85255 January 22, 2014 Mr. Bryant Powell, Assistant City Manager City of Apache Junction 300 E Superstition Blvd Apache Junction, Arizona 85119 Re: Apache Junction Police Department Headquarters Renovation Dear Mr.Powell: The design phase has been successfully completed for the above referenced project. We have achieved a guaranteed maximum price of $818,375.00 that is within budget. The construction documents were submitted for permit plan review and the building permit is ready for pick up. Based on the current project status I respectfully recommend that you seek City Council's approval of the attached contract with CORE Construction, Inc. for performance of job-order-contracting services procured under TCPN contract number RI30204. Sincerely, Ray De1Z to, H2 Gro Senior Pr ect Mana AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND CORE CONSTRUCTION, INC. FOR JOB ORDER CONTRACTING SERVICES INVOLVING APACHE JUNCTION POLICE DEPARTMENT BUILDING RENOVATIONS THIS AGREEMENT, entered into and made effective the day of February, 2014, by and between the City of Apache Junction, Arizona, an Arizona municipal corporation (hereinafter referred to as "City") and CORE Construction, Inc., an Arizona corporation (hereinafter referred to as the "Job Order Contractor", or the "JOC"), both of whom are sometimes individually identified as a "Party" or collectively as the "Parties". RECITALS A. It is a goal of the City to provide a safe and secure environment within the Police Department for the Municipal Court to conduct initial appearance hearings compliant with Arizona state statutes. B. It is also a goal of the City to provide the Police Department with a state-of-the-art briefing room, enhanced report writing and evidence processing areas, renovated space for interviews and detentions, an upgraded emergency operations center, new armory, area for public fingerprinting and renovated toilet facilities that include showers for both male and female officers. C. City has procured the construction services under this Agreement pursuant to A.R.S. § 34-601, etseq, as well as Apache Junction City Code, Vol. I, Article 3-7, Procurement. D. City desires to hire JOC and JOC desires to undertake the obligations set forth in this Agreement. AGREEMENT 1. DEFINITIONS A) "Contract" means this agreement including its attachments, modifications that may be issued. B) "Architect" means the architectural or engineering firm designated by City to prepare plans and specifications for the Work and perform other design or submittal services as required by City. If an Architect is not designated, the Architect's duties will be performed by PM/CM. C) "JOC" ("JOC") means CORE Construction, Inc., the job order contractor performing general contracting services. D) "JOC's ("JOC's") Representative" means JOC's duly authorized representative specifically authorized to act for JOC by executing the Agreement, and any modifications thereto. JOC's duties include administration of the Agreement on behalf of JOC and performance of the Work. E) "PM/CM" means the firm or person or their properly authorized assistants designated by City to oversee the Work. F) "SubContract" as used herein means any Agreement including purchase orders (other than one involving an employer-employee relationship) entered into by JOC calling for equipment, supplies or services required for Agreement performance, including any modifications thereto. G) "City" means the City of Apache Junction. H) "Work" means any or all of the services that are set forth in Agreement and all labor, services, incidental expenses and material necessary or incidental thereto. 1) "Substantial Completion" means the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete so that City can occupy and use the Work or a portion thereof for its intended purposes. 2. WORK TO BE PERFORMED A) JOC shall, except as may be specified elsewhere in the Agreement, furnish all necessary labor, materials, tools, supplies, equipment, transportation, supervision, management, and perform all operations necessary and required for survey, design and construction work (hereinafter called "the Work"). The Work shall be performed in accordance with the requirements set forth in the Agreement and as further specified in Attachment "A", Agreement Pricing, and in Attachment "B", Scope of Services, both of which are incorporated herein and made a part hereof. B) This Agreement embodies the agreement of City and JOC to terms and conditions which will govern any Work by JOC. Nothing herein shall be construed as requiring City to issue a Notice to Proceed, nor requiring JOC to accept same, it being the intent that both parties must mutually agree to any specific Work before a Notice to Proceed may be issued. 3. PROJECT A) Performance of the Work shall be undertaken only upon the issuance of written Notice to Proceed by City. Notice to Proceed shall be in accordance with the requirements specified in Attachment "B", Scope of Services, and will set forth, with the necessary particularity, the following: 2 a. Agreement number along with JOC's name; b. Notice to Proceed date; C. The agreed Work and applicable technical specifications and drawings; d. The agreed period of performance and a work schedule; e. The place of performance; f. The agreed total price for the Work to be performed; g. Submittal requirements; h. City's authorized representative who will accept the completed Work; i. Signatures by the parties hereto signifying agreement with the specific terms of the Contract and j. Such other information as may be necessary to perform the Work. 4. SPECIFICATIONS AND DRAWINGS A) JOC shall keep on the Work site a copy of the drawings and specifications and shall at all times give PM/CM access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of differences between drawings and specifications, the drawings shall govern. In case of discrepancy either in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to PM/CM, who shall promptly submit them to Architect for a determination in writing. Any adjustment by JOC without such a determination shall be at its own risk and expense. B) Wherever in the specifications or upon the drawings the words "directed," "required," "ordered," "designated," "prescribed," or words of like import are used, it shall be understood that the "direction," "requirement," "order," "designation," or "prescription," of City or PM/CM is intended and similarly the words "approved," "acceptable," "satisfactory," or words of like import shall mean "approved by," or "acceptable to," or "satisfactory to" City or PM/CM, unless otherwise expressly stated. C) Where "as shown," "as indicated," "as detailed," or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying the Agreement unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed." D) Shop drawings means drawings submitted to Architect and PM/CM by JOC showing in detail: a. The proposed fabrication and assembly of structural elements and, b. The installation (i.e., form, fit and attachment details) of materials or 3 equipment. C. The construction and detailing of elements of the Work to include: sketches, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by JOC to explain in detail specific portions of the Work. City may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under the Contract. E) JOC shall coordinate all shop drawings, and review them for accuracy, completeness, and compliance with Agreement requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to Architect and PM/CM without evidence of JOC's approval may be returned for resubmission. Architect will indicate its approval or disapproval of the shop drawings and if not approved as submitted shall indicate Architect's reasons therefore. Any work done before such approval shall be at JOC's risk. Approval by Architect shall not relieve JOC from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of the Contract, except with respect to variations described and approved in accordance with paragraph F below. F) If shop drawings show variations from the project requirements, JOC shall describe such variations in writing, separate from the drawings, at the time of submission. If Architect approves any such variation, City shall issue an appropriate Agreement modification, except that, if the variation results in an increase in price, approval must be obtained from City. If the variation is minor and does not involve a change in price or in time of performance, a modification need not be issued. G) JOC shall submit to Architect and PM/CM for approval an appropriate number of copies of all shop drawings as called for under the various headings of these specifications. Sets of all shop drawings will be retained by City and one set will be returned to JOC. H) Omissions from the drawings or specifications or the mis-description of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve JOC from performing such omitted or mis-described details of the Work, but they shall be performed as if fully and correctly set forth and described in the drawings and specifications. 1) JOC shall check all City furnished drawings immediately upon receipt and shall promptly notify Architect and PM/CM of any discrepancies. Figures marked on drawings shall be followed in preference to scale measurements. Large scale drawings shall govern small scale drawings. JOC shall compare all drawings and verify the figures before laying out the Work and will be responsible for any errors which might have been avoided thereby. 4 5. USE OF SPECIFICATIONS, DRAWINGS AND NOTES A) All drawings (to include as-built drawings), sketches, designs, design data, specifications, note books, technical and scientific data provided to JOC or developed by JOC pursuant to the Agreement and all photographs, negatives, reports, findings, recommendations, data and memoranda of every description relating thereto, as well as all copies of the foregoing relating to the Work or any part thereof, shall be the property of City and may be used by City without any claim by JOC for additional compensation, unless such material developed by JOC does not result in an issued Contract. In such cases, JOC will receive reasonable reimbursement for the development of such materials before City uses them in any manner whatsoever. In addition, City agrees to hold JOC harmless to the extent permitted by law from any legal liability arising out of the City's use of such materials. 6. PERMITS AND RESPONSIBILITIES A) JOC shall be responsible for processing of drawings for: obtaining any necessary licenses and permits; and, for complying with any federal, state and municipal laws, codes, and regulations applicable to the performance of the Work. City will reimburse JOC for the actual, documented costs of construction permits required for the performance of the Work. JOC shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire Work, except for any completed unit of Work which may have been accepted under the Contract. 7. MATERIAL AND WORKMANSHIP A) All equipment, material, and articles incorporated in the Work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in the Contract. References in the specifications to equipment, material, article, or patented process by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. JOC may, at its option, use any equipment, material, article, or process that, in the sole judgment and prior written approval of the Architect, is equal to that named in the specifications. B) JOC shall obtain Architect's approval of the machinery and mechanical and other equipment to be incorporated into the Work. When requesting approval, JOC shall furnish to Architect the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. JOC shall also obtain City's approval of the material or articles which JOC contemplates incorporating into the Work. When requesting approval, JOC shall provide full information concerning the material or articles. When directed to do so, JOC shall submit 5 samples for approval. Machinery, equipment, material and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. C) While performing the services, JOC shall exercise the reasonable professional care and skill customarily exercised by reputed members of similar profession practicing in the Phoenix metropolitan area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. JOC shall also be responsible for all errors and omissions JOC commits in the performance of this Agreement. JOC understands and agrees that inspection of the work being performed hereunder will occur by City. JOC agrees that City will have the exclusive right to determine, in its sole discretion, whether the work has been performed in accordance with the specifications. 8. TESTING OF MATERIALS A) Unless otherwise specified, the JOC shall be responsible for any required testing of materials prior to incorporation into the Work. 9. LAYOUT OF WORK A) JOC shall lay out its work in accordance with the Agreement plans and specifications and shall be responsible for all measurements in connection with the layout of the Work. JOC shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to layout any part of the Work. JOC shall also be responsible for maintaining and preserving all control points established by others. 10. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK A) JOC acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the Work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the Work or its cost, including but not limited to: a. Conditions bearing upon transportation, disposal, handling, and storage of materials; b. The availability of labor, water, electric power, and roads; C. Uncertainties of weather, river stages, tides, or similar physical conditions at the site; d. The conformation and conditions of the ground; and e. The character of equipment and facilities needed preliminary to and during work performance. B) JOC also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be 6 encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by City, as well as from the drawings and specifications made a part of this Contract. 11. DIFFERING SITE CONDITIONS A) JOC shall promptly, and before the conditions are disturbed, give a written notice to PM/CM of: a. Subsurface or latent physical conditions at the site which differ materially from those indicated in the Contract; or b. Unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. B) PM/CM will investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in JOC's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly. C) No request by JOC for an equitable adjustment to the Agreement under this Article shall be allowed, unless JOC has given the written notice required. 12. AGREEMENT TERM A) The Term of the Agreement shall commence on the date it was executed by the last Party and shall terminate on June 31, 2014, or else in accordance with other terms and conditions herein. 13. COMPENSATION A) As full consideration for the satisfactory performance by JOC of Work prescribed under the Contract, City shall pay JOC the amount specified for the project in Attachment"A". 14. INVOICING AND PAYMENTS A) Pay applications shall be submitted to Architect and PM/CM, who will make a recommendation for payment to City. City shall make progress payments monthly as the Work proceeds, or at more frequent intervals as determined by City, on estimates of Work completed submitted by the JOC and approved by City. JOC shall use an acceptable invoice form and shall include supporting documents to reflect a breakdown of the total price showing the amount included therein for each principal category of the Work, in such detail as 7 requested, to provide a basis for determining progress payments. In the estimation of Work completed, City will authorize payment for material delivered on the site and preparatory work done if JOC furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform the Work. B) In the processing of progress payments, City may retain five percent (5%) of the estimated amount until final completion and acceptance of all Work performed under the Contract. Retention shall be released within sixty days after final completion and acceptance of the Work. However, if City finds that satisfactory progress was achieved during any period for which a progress payment is to be made; City may authorize payment to be made in full without retention. C) All material and work covered by progress payments made shall, at the time of payment, become the sole property of City, but this provision shall not be construed as: i) relieving JOC from the sole responsibility for all material and Work upon which payments have been made or the restoration of any damaged Work; or ii) waiving the right of City to require the fulfillment of all of the terms of the Contract. D) An estimate of the Work submitted shall be deemed approved and certified for payment after seven days from the date of submission unless before that time the PM/CM prepares and issues a specific written finding setting forth those items in detail in the estimate of the Work that are not approved for payment under this Contract. The City may withhold an amount from the progress payment sufficient to pay the expenses the City reasonably expects to incur in correcting the deficiency set forth in the written finding. The progress payments shall be paid on or before fourteen days after the estimate of the Work is certified and approved. The estimate of the Work shall be deemed received by the City on submission to any person designated by the City for the submission, review or approval of the estimate of the Work. E) City shall pay all unpaid amounts due JOC under this Agreement within sixty (60) calendar days, after: a. Completion and acceptance of the Work; b. Presentation of a properly executed invoice; and C. Presentation of release of all claims against City arising by virtue of the Contract, other than claims, in stated amounts, that JOC has specifically excepted from the operation of the release. A release may also be required of the assignee if JOC's claim to amounts payable under this Agreement has been assigned. JOC shall complete a Contractor's release form acceptable to City. d. Consent of JOC's surety, if any. 8 F) JOC shall submit invoices electronically to the following email address: ray.delzotto@h2group.net 15. CONSTRUCTION SCHEDULE A) The JOC shall submit for approval with the signed Agreement a schedule showing the sequence in which JOC proposes to perform the Work, and the dates on which JOC contemplates starting and completing the significant elements of the Work (including acquiring materials, plant and equipment). The schedule may be a formal computerized schedule or a progress chart in a bar chart format of suitable scale to indicate appropriately the percentage of Work scheduled for completion by any given date during the period. In either case the basic information should be the same, and the schedule chart must contain as a minimum: a. A list of the different types of work activities or work elements. b. The logical dependencies (ties) to indicate what Work shall be accomplished before other Work can begin. C. Proposed start and completion dates or time frames for each Work activity or Work element. d. Calculation of the "weighting" or relative worth each Work activity or Work element is of the total project either as a percent or dollar amount. If the JOC fails to submit a schedule with the Contract, City may withhold approval of progress payments until JOC submits the required schedule. B) JOC shall submit a progress report every thirty calendar (30) days, or as directed by PM/CM, and upon doing so shall immediately deliver a current schedule to PM/CM. If JOC falls behind the approved schedule, JOC shall take steps necessary to improve its progress, including those that may be reasonably required by PM/CM. Without additional cost to PM/CM, PM/CM may require JOC to increase the number of shifts, overtime operations, days of work, and/or the amount of construction plant or equipment, and to submit for approval any supplementary schedule or schedules in chart form as PM/CM deems necessary to demonstrate how the approved rate of progress will be regained. C) Failure of JOC to comply with the requirements of City or PM/CM under this article shall be grounds for a determination by City that JOC is not prosecuting the Work with sufficient diligence to ensure completion within the time specified in the Contract. Upon making this determination, City may terminate JOC's right to proceed with the Work, or any separable part of it, in accordance with Section 27. 16. SUPERINTENDENCE BY JOC 9 A) At all times during performance of the Agreement and until the Work is completed and accepted, JOC shall directly superintend the Work or assign and have on the site a competent superintendent who is satisfactory to PM/CM and has authority to act for JOC. B) Superintendent Obligation &Work Hours. a) Standard hours of work will be from 7:00 AM to 6:00 PM, Monday through Friday, unless alternate standard hours are agreed to and adopted. b) Non-standard hours are hours required by City to be worked before 7:00 AM and after 6:00 PM (unless alternate standard hours are agreed and adopted), Monday thru Friday, and all hours worked on Saturdays, Sundays and holidays will be considered nonstandard hours. c) Non-standard hours worked by JOC to regain schedule or for JOC's convenience shall not be entitled to application of the Coefficient for Nonstandard hours. 17. INSPECTION OF CONSTRUCTION AND ACCEPTANCE A) JOC shall maintain an adequate inspection system and perform such inspections as will ensure that the Work called for conforms to Agreement requirements. JOC shall maintain complete inspection records and make them available to PM/CM. All Work shall be conducted under the general direction of PM/CM and is subject to inspection and test by PM/CM at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the Contract. B) Inspections and tests are for the sole benefit of City and do not: a. Relieve JOC of responsibility for providing adequate quality control measures; b. Relieve JOC of responsibility for damage to or loss of the material before acceptance; C. Constitute or imply acceptance; or d. Affect the continuing rights of City after acceptance of the complete work under Section H below. C) The presence or absence of an inspector does not relieve JOC from any Agreement requirement, nor is the inspector authorized to change any term or condition of the specification without PM/CM's written authorization. D) JOC shall promptly furnish, without additional charge, all facilities, labor, and 10 material reasonably needed for performing such safe and convenient inspections and tests as may be required by PM/CM. PM/CM may charge to JOC any additional cost of inspection or test when Work is not ready at the time specified by JOC for inspection or test, or when prior rejection makes re- inspection or retest necessary. Inspections and tests will be performed in a manner that will not unnecessarily delay the Work. E) JOC shall, without charge, replace or correct Work found by PM/CM not to conform to Job Order requirements, unless City consents to accept the Work with an appropriate adjustment in Agreement price. JOC shall promptly segregate and remove rejected material from the premises. F) If JOC does not promptly replace or correct rejected Work, City may: a. By Agreement or otherwise, replace or correct the Work and charge the cost to JOC or b. Terminate for default JOC's right to proceed. G) If, before acceptance of the entire Work, PM/CM decides to examine already completed Work by removing it or tearing it out, JOC, on request, shall promptly furnish all necessary facilities, labor, and material. If the Work is found to be defective or nonconforming in any material respect due to the fault of JOC or its subcontractors, JOC shall bear the expenses of the examination and of satisfactory reconstruction. However, if the Work is found to meet requirements, City shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the Work was thereby delayed, an extension of the period of time for performance. H) Unless otherwise specified in the Contract, City shall accept, as promptly as practicable after completion and inspection, all work required by the Agreement or that portion of the Work City determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or City's rights under any warranty or guarantee. 18. OPERATIONS AND STORAGE AREAS A) JOC shall confine all operations (including storage of materials) to areas authorized or approved by PM/CM. B) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by JOC only with the approval of PM/CM and shall be built with labor and materials furnished by JOC without expense to City. The temporary buildings and utilities shall remain the property of JOC and shall be removed by JOC at its expense upon the completion of the Work. With the written consent of PM/CM, the buildings and utilities may be abandoned and need not be removed. 11 C) JOC shall use only established roadways or temporary roadways constructed by JOC when and as authorized by PM/CM. JOC shall comply with all federal, state and local laws and regulations when transporting materials. 19. PROTECTION OF EXISTING VEGETATION, STRUCTURES, UTILITIES AND IMPROVEMENTS A) JOC shall preserve and protect all structures, equipment and vegetation (such as trees, shrubs, and grass) on or adjacent to the site, which are not to be removed and which do not unreasonably interfere with the Work required under the Contract. JOC shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during performance by the operation of equipment, or by workmen, JOC shall trim those limbs or branches with a clean cut and paint the cut with a tree pruning compound as directed by PM/CM. B) JOC shall protect from damage all existing improvements and utilities at or near the site and on adjacent property of third parties, the locations of which are made known to or should be known by JOC. JOC shall repair any damage to those facilities, including those that are the property of third parties, resulting from failure to comply with the requirements of the Job Order or failure to exercise reasonable care in performing the Work. If JOC fails or refuses to repair the damage promptly, PM/CM may have the necessary repair work performed and charge the cost to JOC. 20. CLEANING UP AND REFUSE DISPOSAL A) JOC shall at all times keep the site, including storage areas, free from accumulations of waste materials. Before completing the Work, JOC shall remove from the premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of City. Upon completing the Work, JOC shall leave the site in a clean and orderly condition satisfactory to PM/CM. Final cleanup of the premises shall be included in the period of performance of the Contract. JOC shall be responsible for all construction refuse disposal containers and their removal from the site. Disposal of any hazardous materials not addressed and priced in the Agreement will be segregated for disposal by PM/CM unless PM/CM requires JOC to dispose of the materials in which case, an equitable adjustment in the price will be negotiated and agreed. 21. WARRANTY OF CONSTRUCTION A) Except as provided in Section 21(J) of this Article, JOC warrants to City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and that all Work will be of good quality, free from faults and defects and in conformance with the Contract. All Work not conforming to these requirements, including substitutions not properly approved and authorized, 12 may be considered defective. If required by City, JOC shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions of the Contract. JOC shall promptly correct all Work rejected as defective or as failing to conform to the Agreement whether observed before or after acceptance and whether or not fabricated, installed or completed. JOC shall bear all costs of correcting such rejected Work, including compensation for the additional services of an Architect made necessary thereby. B) If, within one year after the date of final acceptance by City of the Work, any of the Work is found to be defective or not in accordance with the Contract, JOC shall correct it promptly after receipt of written notice from City to do so unless City has previously given JOC a written acceptance of such condition. This obligation shall survive termination of the Contract. C) JOC shall remedy at JOC's expense any failure of the Work to conform to the plans and specifications, or any construction defect. In addition, the JOC shall remedy at JOC's expense any damage to City's real or personal property, when that damage is the result of: (i) JOC's failure to conform to requirements; or (ii) any defect of equipment, material, workmanship, or design furnished by the JOC. D) JOC shall restore any work damaged in fulfilling the terms and conditions of this Article. JOC's warranty with respect to work repaired or replaced will run for one (1) year from the date of repair or replacement. E) City shall notify JOC, in writing, within a reasonable time after the discovery of any failure, defect, or damage. F) If JOC fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, City shall have the right to replace, repair, or otherwise remedy the failure, defect or damage at JOC's expense. G) With respect to all warranties, expressed or implied, from sub-contractors, manufacturers, or suppliers for work performed and materials furnished under this Contract, JOC shall: (1) obtain all warranties required by the Job Order; and (11) require all warranties to be executed, in writing, for the benefit of City; and (Ili) enforce all warranties for the benefit of City. H) In the event JOC's warranty under paragraph 21(A) of this Article has expired, City may bring suit at its expense to enforce a subContractor's, manufacturer's, or supplier's warranty. 1) Unless a defect is caused by the negligence of JOC or subContractor or supplier at any tier, JOC shall not be liable for the repair of any defects of material or design furnished by City or for the repair of any damage that results 13 from any defect in City-furnished material or design. J) JOC is not responsible for and does not warranty pre-existing work or facilities that may be assigned to JOC except as modified by the Contract. K) This warranty shall not limit City's rights under Article 17 of this Agreement with respect to latent defects, gross mistakes, or fraud. 22. CHANGES A) City may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the Work within the general scope of the Contract, including changes: (i) in the specifications (including drawings and designs); (ii) in City-furnished facilities, equipment, materials, services, or site; or (iii) directing acceleration in the performance of the Work, or otherwise altering the schedule for performance of the Work. B) If JOC believes any other order (which, as used in this paragraph, includes direction, instruction, interpretation, or determination) from PM/CM constitutes a change order under this Article, JOC shall give PM/CM written notice stating the date, circumstances, and source of the order, and that JOC regards the order as a change order. Such written notice shall also state any changes to the price caused by the order. If any approved change under this Article causes an increase or decrease in JOC's cost of, or the time required for, the performance of any part of the Work, whether or not changed by any such order, City shall make an equitable adjustment and modify the Agreement in writing. C) Except as provided in this Article, no order, statement, or conduct of City shall be treated as a change under this Article or entitle JOC to an equitable adjustment hereunder. 23. PRICING CHANGES A) JOC, in connection with any proposal it makes for a change, shall furnish a price breakdown itemized as required by PM/CM. Pricing for such changes shall be based on quantities mutually agreed to by JOC and City. B) JOC shall furnish to the PM/CM a written proposal for any proposed extension in the period of performance. The proposal shall contain a price breakdown and period of performance extension justification. 24. SUSPENSION OF WORK A) PM/CM may order JOC, in writing, to suspend, delay, or interrupt all or any part of the Work for the period of time that PM/CM determines appropriate. 14 B) If the performance of all or any part of the Work is suspended, delayed, or interrupted by an act of PM/CM, or by PMICM's failure to act within the time specified in the Agreement (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of overtime for performance of the Agreement necessarily caused by the suspension, delay, or interruption, and the Agreement will be modified in writing accordingly. C) A claim under this Article shall not be allowed for any costs incurred more than thirty (30) calendar days before JOC shall have notified City in writing of the act or failure to act (but this requirement shall not apply as to a claim resulting from a suspension order), and unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the Contract. 25. DISPUTES A) The Parties are fully committed to working with each other throughout the Term of the Agreement and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, JOC and City each commit to resolving such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. JOC and City will first attempt to resolve disputes or disagreements at the field level through discussions between the Parties' representatives named herein. The JOC shall continue to perform the Work and City shall continue to satisfy its payment obligations to JOC, pending the final resolution of any dispute or disagreements between the Parties. City designates the individual listed below as its representative, which individual has the authority and responsibility for avoiding and resolving disputes under this Contract: Ray DelZotto, Senior Project Manager H2 Group, LLC 556 N Prospectors Rd Apache Junction, AZ 85119 602-577-3820 B) JOC designates the individual listed below as its representative, which individual has the authority and responsibility for avoiding and resolving disputes under this Contract: James K. Jacobs, CEO, or designee CORE Construction, Inc. 3036 East Greenway Road Phoenix, AZ 85032-4414 P: 602-494-0800 F: 602-992-0658 15 C) Any dispute which is not disposed of by agreement will be decided by the City, who will reduce its decision to writing and mail or otherwise furnish a copy thereof to the JOC. Any dispute not finally resolved under this Article may be brought before the state courts of Arizona and adjudicated in accordance with the laws of Arizona, and as otherwise stipulated in §46. 26. TERMINATION FOR CONVENIENCE OF CITY A) City may terminate performance of the Work under this Agreement in whole or, from time to time, in part, if City determines that termination is in City's interest. City shall effect such termination by delivering to JOC a Notice of Termination specifying the extent of termination and the effective date. B) After receipt of a Notice of Termination, and except as directed by City, JOC shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this Article: a. Stop work as specified in the notice; b. Place no further subContracts or orders for materials, services or facilities, except as necessary to complete any Work not terminated; C. Assign to City, as directed by City, all right, title, and interest of JOC under the subContracts to the extent they relate to the Work terminated, in which case City shall have the right to settle or to pay any termination settlement proposal arising out of those terminations, or with approval or ratification to the extent required by City, settle all outstanding liabilities and termination settlement proposals arising from the termination of subContracts, the approval or ratification of which will be final for purposes of this Article; d. As directed by City, transfer title and deliver to City the fabricated or unfabricated parts, Work in process, completed Work, supplies, and other material produced or acquired for the Work terminated, and ii. The completed or partially completed plans, drawings, information, and other property that, if the Agreement had been completed, would be required to be furnished to City; e. Complete performance of the Work not terminated; f. Take any action that may be necessary, or that City may direct, for the protection and preservation of the property related to this Agreement that is in the possession of JOC and in which City has or may acquire an interest; g. Use its best efforts to sell, as directed or authorized by City, any 16 property of the types referred to in paragraph 26(B)(c) above; provided, however, that JOC is not required to extend credit to any purchaser and may acquire the property under the conditions prescribed by, and at prices approved by, City. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by City under the Contract, credited to the price or cost of the Work, or paid in any other manner directed by City. C) After termination, JOC shall submit a final termination settlement proposal to City in the form and with the certification prescribed by City. JOC shall submit the proposal promptly, but no later than one year from the effective date of termination. D) JOC and City may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. The Agreement shall be amended, and JOC paid the agreed amount. E) If JOC and City fail to agree on the whole amount to be paid JOC because of the termination of work, City shall pay JOC the amounts determined as follows, but without duplication of any amounts agreed upon under Paragraph 26(D) above: a. For Work performed before the effective date of termination, the total (without duplication of any items) of: i. The cost of this Work; ii. The cost of settling and paying termination settlement proposals under terminated subContracts that are properly chargeable to the terminated portion of the Agreement if not included in subdivision (i) above; and iii. A markup, including overhead and profit, on (i) above as is determined for pricing changes. b. The reasonable costs of settlement of the Work terminated, including: i. Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data; ii. The termination and settlement of subContracts (excluding the amounts of such settlements); and iii. Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. F) Except for normal spoilage, and except to the extent that City expressly assumed the risk of loss, City shall exclude from the amounts payable to JOC under Paragraph 26(E) above, the fair value, as determined by City, of property 17 that is destroyed, lost, stolen, or damaged so as to become undeliverable to City or to a buyer. G) In arriving at the amount due JOC under this Article, there shall be deducted: a. All unliquidated advances or other payments to JOC under the terminated portion of the Contract; b. Any claim which City has against JOC under the Contract; and C. The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by JOC or sold under the provisions of this Article and not recovered by or credited to City. H) If the termination is partial, JOC may file a proposal with City for an equitable adjustment of the price(s) of the continued portion of the Contract. Any proposal by JOC for an equitable adjustment under this Article shall be requested within ninety (90) calendar days from the effective date of termination unless extended in writing by City. City may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by JOC of the terminated portion of the Contract, if City believes the total of these payments will not exceed the amount to which JOC will be entitled. 1) If the total payments exceed the amount finally determined to be due, JOC shall repay the excess to City upon demand. J) Unless otherwise provided in this Agreement or by statute, JOC shall maintain all records and documents relating to the terminated portion of this Agreement for five (5) years after final settlement. This includes all books and other evidence bearing on JOC's costs and expenses under this Contract. JOC shall make these records and documents available to City, at JOC's office, at all reasonable times, without cost. If approved by City, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. 27. DEFAULT A) If JOC refuses or fails to prosecute the Work, or any separable part, with the diligence that will ensure its completion within the time specified in the Agreement including any extension, or fails to complete the Work within this time, City may terminate the JOC's right to proceed with the Work (or separable part of the Work), upon thirty (30) calendar days written notice to the JOC. In this event, City may take over the Work and complete it by Agreement or otherwise and may take possession of and use any materials, appliances, and plant on the site necessary for completing the Work. B) ENFORCED DELAYS (FORCE MAJEURE): Neither City nor JOC, as the case may be, shall be considered not to have performed its obligations under this 18 Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond their control and without their fault or negligence or failure to comply with all laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Work. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular contractors, subContractors, vendors desired by JOC in connection with the Work. JOC agrees that JOC alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. C) If, after termination of JOC's right to proceed, it is determined that JOC was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of City. D) The rights and remedies of City in this Article are in addition to any other rights and remedies provided by law or under this Contract. 28. SAFETY A) JOC shall: Comply with all safety rules and regulations of the Federal Occupational Safety and Health Act of 1970 ("OSHA"), all applicable state and local laws, ordinances, and regulations during the performance of the Work. JOC shall indemnify City for fines, penalties, and corrective measures that result from the acts of commission or omission of JOC, its subContractors, if any, agents, employees, and assigns and its failure to comply with such safety rules and regulations. B) JOC shall: Furnish and enforce the use of individual protective equipment as needed to complete the Work, including hard hats, rain gear, protective foot wear, protective clothing and gloves, eye protection, ear protection, respirators, 19 safety belts, safety harnesses, safety lifelines and lanyards, and high visibility reflective safety vests. C) JOC shall: Provide its employees safety training to include special training prior to working with hazardous materials or operations. D) JOC shall: Provide warning signs, barricades and verbal warnings as required. E) JOC shall: Inform its employees of emergency procedures to be adhered to in case of a fire, medical emergency, or any other life-threatening situations. F) JOC shall: Promptly notify PM/CM of any accident involving personnel or damage to material and equipment. Copies of any injury reports or accident investigation reports shall be provided to the PM/CM. G) JOC shall: Maintain a set of OSHA articles at the jobsite as they apply to the Work being performed. Copies shall be provided to PM/CM when requested. H) JOC shall: Submit to PM/CM a copy of its safety policies and program procedures which establish the safety rules and regulations as they are to be applied to performance of the Work. These documents shall be submitted by JOC within fourteen (14) calendar days after issuance of this Agreement and prior to the commencement of the Work. 1) JOC shall: Assign, during performance of the Work, a designated safety representative to develop and monitor the project safety program. The name, company address, and telephone number of the assigned individual shall be submitted to PM/CM by JOC along with its safety policies and program procedures. J) JOC shall: Provide and maintain on the jobsite, at all times, a completely stocked first aid kit which contains all standard emergency medical supplies. K) JOC shall: Make available for its employees and those of its subContractors, while they are performing Work on the site, emergency medical treatment either at the site or at a nearby medical facility. City reserves the right to approve and monitor JOC's safety policies and program procedures as applied during performance of the Work. Failure to comply with safety policies and program procedures, once approved by City, shall be cause for the termination of the Agreement in accordance with Article 27. 29. USE AND POSSESSION PRIOR TO COMPLETION 20 A) City shall have the right to take possession of or use any completed or partially completed part of the Work. Before taking possession of or using any work, City shall furnish JOC a list of items of work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of work shall not relieve JOC of responsibility for complying with the terms of this Contract. City possession or use shall not be deemed an acceptance of any work under this Contract. B) While City has such possession or use, JOC shall be relieved of the responsibility for the loss of or damage to the Work resulting from City's possession or use, notwithstanding the terms of Article 6. If prior possession or use by City delays the progress of the Work or causes additional expense to JOC, an equitable adjustment shall be made in the Job Order price or the period of performance, and the Agreement shall be modified in writing accordingly. 30. OTHER CONTRACTS A) City may undertake or award other Contracts for additional work at or near the site of Work under this Contract. JOC shall fully cooperate with the other general Contractors and with City's employees and shall carefully adapt scheduling and performing the Work under this Agreement to accommodate the additional work, heeding any direction that may be provided by City. JOC shall not commit or permit any act that will interfere with the performance of work by any other general Contractor or by City's employees. 31. DISSEMINATION OF AGREEMENT INFORMATION A) JOC shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning this Contract, or the Work performed under this Contract, without the prior consent of City. 32. PERFORMANCE AND PAYMENT BONDS A) JOC shall furnish Performance and Payment Bonds, each in an amount equal to one hundred percent (100%) of the Work. The Performance and Payment Bonds shall be submitted to City within ten (10) calendar days after issuance of this Contract. A Notice to Proceed will not be issued until properly executed bonds are received and accepted by City. 33. INSURANCE A) JOC agrees to comply with all City ordinance and state and federal laws and regulations. Without limiting any obligations or liabilities of JOC, JOC shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A or above with policies and forms satisfactory to City. 21 Failure to maintain insurance as specified may result in termination of this Agreement at City's option. B) No Representation of Coverage Adequacy: By requiring insurance herein, City does not represent that coverage and limits will be adequate to protect JOC. City reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of the Contract. C) Additional Insured: All insurance coverage and self-insured retention or deductible portions, except Workers Compensation Insurance, shall name, to the fullest extent permitted by law for claims arising out of the performance of the Contract, City, its agents, Mayor and City Council, representatives, officers, appointees, directors, volunteers and employees as Additional Insured parties. D) Coverage Term. All insurance required herein shall be maintained in full force and effect until all Work or services required to be performed under the terms of subject Agreement is satisfactorily performed, completed and formally accepted by City, unless specified otherwise in this Contract. E) Primary Insurance: JOC's insurance shall be primary insurance as respects performance of this Agreement and in the protection of City and others listed in § 33 (C) above as an Additional Insured parties. F) Occurrence Basis: All insurance coverage shall be on an occurrence basis and not a claims made basis. G) Waiver: All policies, including Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against City, its agents, representatives, officers, directors, volunteers and employees for any claims arising out of the Work. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H) Policy Deductibles and or Self Insured Retentions: The policies set forth in these requirements may provide coverage which contain deductibles or self- insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to City. JOC shall be solely responsible for any such deductible or self-insured retention amount. City, at its option, may require JOC to secure payment or such deductible or self-insured retention by a surety bond or irrevocable and unconditional Letter of Credit. 22 1) Evidence of Insurance: Prior to commencing any Work under the Contract, JOC shall furnish City with Certificate(s) of Insurance, or formal endorsements as required by the city, issued by JOC's insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverage, conditions, and limits of coverage specified by the city and that such coverage and provisions are in full force and effect. If a Certificate of Insurance is submitted as evidence of coverage, City shall reasonably rely upon the Certificate of Insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Contract. Such certificates shall identify the Work. If any of the above cited policies expire during the life of the Contract, it shall be JOC's responsibility to forward renewal Certificates within ten (10) calendar days after the renewal date containing all the aforementioned insurance provisions. a) JOC's insurance shall be primary insurance as respects performance of this Contract. b) All policies, including Workers Compensation, waive rights of recovery (subrogation) against City, its agents, representatives, officers, directors, volunteers and employees for any claims arising out of Work performed by JOC under the Contract. c) Certificates shall cite 30 calendar day advance notice of cancellation. J) REQUIRED COVERAGE: a) Commercial General Liability: JOC shall maintain "occurrence" form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate, and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as Insurance Services Offices, Inc. policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insureds clause. Commercial General Liability Additional Insured Endorsement form CG 20 10 11 85, or equivalent, which shall read "Who is an Insured (Section II) is amended to include as an insured the person or organization shown in City, but only with respect to liability arising out of "your work" for that insured by or for you." JOC, its successors and or assigns, is required to maintain Commercial General Liability insurance as specified hereunder for a minimum period of three (3) years following completion and acceptance of subject Work. JOC shall submit Certificate of Insurance evidencing such Commercial General Liability insurance during said three year period containing all of the insurance requirements set forth herein 23 including naming City, its agents, Mayor and City Council, representatives, officers, appointees, directors, volunteers and employees as Additional Insured as required. If any excess insurance is utilized to fulfill the requirements of this paragraph, such excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. b) Vehicle Liability. JOC shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned, hired, and non-owned vehicles assigned to or used in the performance of the Work. Coverage will be at least as broad as Insurance Services Office, Inc. coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. If any hazardous material, as defined by any local, state or federal authority, is the subject, or transported, in the performance of the Work, an MCS 90 endorsement is required providing $5,000,000 per occurrence limits of liability for bodily injury and property damage. To the fullest extent allowed by law, for claims arising out of the performance of this Contract, City. its agents, Mayor and City Council, representatives, officers, appointees, directors, volunteers and employees shall be cited as an Additional Insured under the Insurance Service Officers, Inc. Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any excess insurance is utilized to fulfill the requirements of this paragraph, such excess insurance shall be "follow form" equal or broader in coverage scope than underlying insurance. c) Worker's Compensation Insurance: JOC shall maintain Worker Compensation Insurance to cover obligations imposed by federal and state statutes having jurisdiction of JOC's employees engaged in the performance of the Work and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. d) Builder's "All Risk": JOC shall maintain Builder's "All Risk" Insurance in an amount not less than one hundred percent(100%) of the Agreement price. Such policy shall include coverage for fire, lightning, vandalism, malicious mischief, riot, civil commotion, smoke, sprinkler leakage, water damage, windstorm, hail, earthquake, landslide, flood and collapse or loss due to the results of faulty workmanship until Final Acceptance of the Work by City. On pipeline and similar projects where fire hazard is negligible or nonexistent, City may waive the requirement for fire insurance. 24 34. INDEMNIFICATION A) To the fullest extent permitted by law, JOC shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, volunteers and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of JOC, its agents, employees, or any tier of JOC's subcontractors in the performance of this Agreement. JOC's duty to defend, hold harmless and indemnify City, its elected and appointed officers, officials, agents, volunteers and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an JOC's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of JOC, any tier of JOC's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services JOC may be legally liable. 35. ASSIGNMENT/DELEGATION OF AUTHORITY & SUCCESSOR RIGHTS A) City and JOC each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents. The Parties of this Agreement shall not assign this Agreement or delegate any authority hereunder without the written consent of the other Party. 36. AGREEMENT ORDER OF PRECEDENCE A) In the event of an inconsistency between provisions of this Contract, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement Modifications, if any; b. The Agreement Articles including Attachments; C. Specifications; and d. Drawings. 37. NOTICES A) All notices to either Party by the other shall be delivered personally or sent by first class United States mail, registered or certified mail, postage prepaid, addressed to such Party at the following respective addresses for each: a. City: Mr. Bryant Powell, Assistant City Manager, 300 E Superstition Blvd., Apache Junction, AZ 85119 25 b. JOC: Tiffany Fisher, Director of Job Order Contracting, CORE Construction, Inc., 3036 East Greenway Road, Phoenix, AZ 85032- 4414 and shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either Party hereto may change the above address by sending written notice of such change of address to the other in the manner provided for above. 38. SEVERABILITY A) City and JOC each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, City Code or City Charter), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 39. WAIVERS A) Neither City's review, approval or acceptance of, nor payment for, the Work required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of the Contract, and JOC shall be and remain liable to City in accordance with applicable law and the terms of this Agreement for all damages to City caused by JOC's negligent act, error or omission in the performance of any of the Work. B) The waiver by City of any breach of any term, covenant, condition, or agreement herein contained shall not be deemed to be a waiver of any subsequent breach of the same, or of a breach of any other term, covenant, condition, or agreement herein contained. 40. ENTIRE AGREEMENT A) This Agreement and all procurement documents incorporated by reference set forth the entire agreement between the parties with respect to the subject 26 matter thereof, and supersedes and replaces all proposals, negotiations, representations, and implied obligations. The obligations, liabilities and remedies set forth herein are exclusive and shall operate as limitations on any action brought in connection with the Work, including an action in tort. 41. NON-AVAILABILTY OF FUNDS - A) Every payment obligation of the City under this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this Contract, this Agreement may be terminated by the City at the end of the period for which funds are available. 42. AUDIT OF RECORDS A) Pursuant to applicable laws, the JOC shall retain and shall contractually require each subContractor to retain all data, books, and other records ("records") relating to this Agreement for a period of five years after completion of this Contract. All records shall be subject to inspection and audit by the City at reasonable times. Upon request, the JOC shall produce the original of any or all such records. If approved by City, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. 43. CANCELLATION FOR CONFLICT OF INTEREST A) Pursuant to A.R.S. § 38-511, et seq., the City may cancel this Contract, without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the City was at any time while this Agreement or extension of this Agreement is in effect, an employee or agent of any other Party to this Agreement in any capacity or consultant to any other Party of this Contract. A cancellation made pursuant to this provision shall be effective when the JOC receives written notice of the cancellation unless the notice specifies a later time. 44. NON-DISCRIMINATION A) The JOC shall comply with all laws mandating that all persons, regardless of race, color, religion, sex, age, national origin, or political affiliation, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulation, including the Americans With Disabilities Act. The JOC shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, color, religion, sex, national origin or disability. 27 45. THIRD PARTY ANTITRUST VIOLATIONS A) The JOC assigns to the City any claim for overcharges, resulting from antitrust violations to the extent that such violations concern materials or services supplied by third parties to the JOC toward fulfillment of this Contract. 46. APPLICABLE LAW AND VENUE A) The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county or removal to federal court. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 47. COMPLIANCE WITH FEDERAL AND STATE LAWS A) Consultant understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E-Verify program. If Consultant uses any subcontractors in performance of services, subcontractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrant that after hiring an employee, such subcontractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant is subject to a penalty of$100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Consultant shall not be deemed in material breach of this Agreement if the Consultant and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274E of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to 28 inspect the papers of any Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant or subcontractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. CORE CON RUCTION, INC., an e a co r6tion By: Dennis L. Barber Vice PrUdent Its: CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM: By: R. Joel Stern, City Attorney 29 STATE OF ) ss. County of�_ ) The foregoing was acknowledged efore me this cLl day of �, 20�, by I�llrul�J L %'A� as Yi.P of RE Co struction, Inc., an Arizona corporation. a Notary Public My Commission Expires: lE (io t Wilco n (seal) � I;cNa Pub"" d ano,Da c 01,Wv Arizona = mr,.rxpuc.,09•0815 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20_, by John S. Insalaco, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: (seal) 30 ATTACHMENT "Allll N'� AGREEME /T PRICING A) JOC shall furnish all supervision, labor, materials, tools, supplies, equipment, transportation, insurance, taxes, overhead and profit to perform all operations necessary and required in accordance with the terms and conditions of the Contract. B) Pricing the Work. 1) JOC's guaranteed maximum price to fulfill all contractual obligations: a. Guarantee Maximum Price: $ 818,375.00 2) The actual pricing for work performed under the Agreement will be based on the open book policies of JOC's TCPN contract number R130204. 31 ATTACHMENT "BIN SCOPE OF SERVICES A) GENERAL INFORMATION This is a negotiated fee, open book price type Agreement for the performance of the scope of work to be defined in the construction documents developed by DFDG, Inc. for renovations to the City of Apache Junction Police Headquarters facility. B) DOCUMENTS 1) The JOC will be a member of the project team during development of the Construction Documents for this project. 2) The Construction Drawings and Specifications (Construction Documents) upon completion shall be issued by the JOC for open book pricing and construction permits. C) WORK AUTHORIZATION Work required under this Agreement shall be authorized by issuance of formal, written Notice to Proceed, as follows: 1) The JOC shall prepare a formal proposal based on the Construction Documents, which includes final results of the open book pricing and previously negotiated general conditions, overhead and profit, and construction schedule. 2) Upon receipt of JOC's proposal, City will review the proposal for completeness and will reach agreement with JOC on pricing, schedule, and all other terms, prior to consideration of approval by the City Council. 3) Upon approval of award by the City Council the City will issue a Notice to Proceed letter to the JOC. 4) In the event City does not issue a Notice to Proceed after receipt of JOC's proposal, City is not obligated to reimburse JOC for any costs incurred in the preparation of the proposal. D) SCHEDULING OF WORK 1) The first day of construction performance under this Agreement shall be the effective date specified in the Notice to Proceed. Any preliminary work started or material ordered or purchased before receipt of the Notice to Proceed shall be at the risk and expense of JOC. JOC shall diligently 32 prosecute the Work to completion within the time set forth in the Contract. The period of performance includes allowance for mobilization, holidays, weekend days, normal inclement weather, and cleanup. Therefore, claims for delay based on these elements will not be allowed. When JOC considers the Work complete and ready for its intended use, JOC shall request City to inspect the Work to determine the status of completion. When City determines the Work to be substantially complete, City will issue a Certificate of Substantial Completion with a list of items to be completed or corrected prior to final payment. JOC shall proceed promptly to complete and correct items on the list. 2) Job placement of materials and equipment shall be made with a minimum of interference to City operations and personnel. 3) Furniture and portable office equipment in the immediate work area will be moved by JOC and replaced to its original location. If the furniture and portable office equipment cannot be replaced to its original location, City will designate new locations. If furniture and portable office equipment (or other items) must be moved and/or stored outside the immediate area, City will compensate JOC for any such transportation and storage costs incurred. 4) JOC shall take all precautions to ensure that no damage will result from its operations to private or public property. All damages shall be repaired or replaced by JOC at no cost to City. 5) JOC shall be responsible for providing all necessary traffic control, such as street blockages, traffic cones, flagmen, etc., as required. Proposed traffic control methods shall be submitted to City for approval. E) QUALITY ASSURANCE/QUALITY CONTROL PROGRAM JOC shall submit, for City approval, a Quality Assurance/Quality Control Plan within fifteen (15) calendar days after issuance of the Notice to Proceed. This plan should address all aspects of quality control including responsibility for surveillance of work, documentation, trend analysis, corrective action and interface with City's inspectors. F) DESIGN JOC's duties under the Agreement include the preparation of shop drawings or sketches necessary to permit orderly construction of City's design plans. JOC agrees to provide detailed design drawings and plans if requested by City. G) CITY-FURNISHED UTILITIES City shall provide at no cost to JOC utilities with the exception of toilet facilities that are existing and available at the site for Work performed under the Contract. 33 1) Water: City shall furnish to JOC from existing City facilities and without cost to JOC, a supply of water necessary for the performance of work under this Contract. City will in no case furnish or install any required supply connections and piping for the purpose of implementing the availability of the water supply. It is the responsibility of JOC to determine the extent to which existing City water supply source is adequate for the needs of the Contract. All taps, connections, and accessory equipment required in making the water supply source available will be accomplished by and at the expense of JOC. All work in connection therewith shall be coordinated, scheduled, and performed as directed and approved by City. Said taps, connections, and accessory equipment shall be maintained by JOC in a workmanlike manner in accordance with the rules and regulations of the local authority. Upon completion of this Agreement the removal of all taps, connections and accessories will be accomplished by and at the expense of JOC so as to leave the water supply source and facility in its original condition. Such removal shall also be subject to the approval of City. 2) Electricity: City shall furnish to JOC from existing City facilities and without cost to JOC, electricity necessary for the performance of work under this Contract. It is the responsibility of JOC to determine the extent to which existing City electrical facilities are adequate for the needs of this Contract. All taps, connections, and necessary equipment required in making the electrical power available will be accomplished by and at the expense of JOC. All work in connection therewith shall be coordinated, scheduled and performed as directed and approved by City. Said taps, connections, and accessory equipment shall be maintained by JOC in a workmanlike manner in accordance with the rules and regulations of the local authority. Upon completion of this Agreement the removal of all taps, connections and accessories will be accomplished by and at the expense of JOC so as to leave the electrical power source and facility in its original condition. Such removal shall also be subject to the approval of City. H) WORK BY CITY City reserves the right to undertake or award Contracts for the performance of the same or similar type work contemplated herein, and to do so will not breach or otherwise violate the Contract. 34 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. �Pii File ID: 14-24 Sponsor: Nick Blake Agenda Date: 2/4/2014 Index: In Control: City Council Meeting The mayor and council shall consider a bid award for a fully equipped, 32' mobile stage. Staff recommends the bid be awarded to the sole bidder, Century Industries, in an amount not to exceed $158,154.00, and request permission to move forward with the procurement. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 f PACI-E J UNGII CN PhB.SS ds&PJC AFh -- City of Apache Junction _Come of the Superstition Wountains cParks and gzfflcreation Department locatedat the Northeast corner of Superstition Blvd sZ Idaho Wpad MEMORANDUM TO: Mayor and City Council THROUGH: George Hoffman, City Manager THROUGH: Jeff Bell, Parks &Recreation Directo n6 FROM: Nick Blake, Parks Superintendent DATE: January 16, 2014 SUBJECT: Award of Bid for the Parks and Recreation Department Mobile Stage (PR-14-02) The procurement of a mobile stage to enhance community events is included in the city council legislative work plan for this fiscal year. Funding for the stage will come from previously collected development impact fees. Bids for the fully equipped 32' mobile stage were solicited in accordance with city procurement procedures and opened on January 14, 2014. Century Industries was the sole bidder. The bid results are as follows: CENTURY INDUSTRIES $158,154.00 299 Prather Lane P.O. Box C Sellersburg, In. 47172 Based on the results listed above staff recommends the bid be awarded to Century Industries Inc. in the amount not to exceed 158,154.00. See Attachment of City Clerks Bid Opening Tabulation. Your consideration of this recommendation is appreciated. 300 E. SUPERSTITION BLVD,APACHE JUNCTION,AZ 85219 (480)983-2181 Voice* (480)982-2438 Fax*(480)983-0095TDD BID OPENING TITLE OF BID OPENING: MOBILE STAGE BID PROJECT NUMBER: PR 14-02 DATE OF BID OPENING: JANUARY 14, 2014 — 2:00 P.M. COMPANY NAME &ADDRESS COST PROPOSAL CENTURY INDUSTRIES $158,154 299 Prather Lane P.O. Box C Sellersburg, IN 47172 /j zt,, Jeff Janet . Mason P s and Recreation Director rDeput City Clerk t ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard z Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 7. �Pii File ID: 14-25 Sponsor: Nick Blake Agenda Date: 2/4/2014 Index: In Control: City Council Meeting The mayor and city council shall consider a bid award for Prospector Park Sport Court and American Disabilites Act Improvements (Parks and Recreation Project No. PR-14-01)to ValWest Construction, Inc. in an amount not to exceed $305,658.93. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 PPACHEJUNC CN BFKUM City of A Junction Yfome of the Superstition Mountains Tarkj and Q§creation Department Located at the Northeast corner of Superstition BCvd eZ Idaho wpad MEMORANDUM TO: Mayor and City Council THROUGH: George Hoffman, City Manager THROUGH: Jeff Bell, Parks & Recreation Director�� NF)FROM: Nick Blake, Parks Superintendent DATE: January 16, 2014 SUBJECT: Award of Bid for Prospector Park Sport Courts and ADA Improvements (PR-14-01) The proposed construction of the Prospector Park Sport Courts and ADA Improvements is included in the city council legislative work plan for this fiscal year. The project scope includes grading, concrete walkways, post tension concrete tennis and pickleball courts and other related work. Funding for the project will come from previously collected development impact fees. Bids for the project were solicited in accordance with city procurement procedures and opened on January 14, 2014. Two contractors submitted bids. The bid results are as follows: NICKLE CONTRACTING VALWEST CONSTRUCTION INC. 6267 S. 157t Way 1372 N. Nielson St. Gilbert, Arizona 85248 Gilbert, Arizona 85334 BASE BID `AE BASE BID `A' $349,923.00 $277,871.75 The engineer's estimate for the construction of this project was $279,925.00 Based on the results listed above staff recommends the City Council award Base Bid 'A' to Valwest Construction Inc. with their bid of $277,871.75. In addition I recommend providing an extra 10% of $27,787.18 to be used only in the event unforeseen conditions occur which may result in the need for a change order. This will result in a $305,658.93 total bid award. See Attachment of City Clerks Bid Opening Tabulation. Thank you for your consideration regarding this bid. 300 E. SUPERSTITION BLVD,APACHE JUNCTION,AZ 85219 (480)983-2181 Voice*(480)982-2438 Fax*(480)983-0095TDD BID OPENING TITLE OF BID OPENING: PROSPECTOR PARK SPORT COURTS AND ADA IMPROVEMENTS BID PROJECT NUMBER: PR 14-01 DATE OF BID OPENING: JANUARY 14, 2014—2:00 P.M. COMPANY NAME & ADDRESS COST PROPOSAL NICKLE CONTRACTING, LLC $349,923.00 6267 S. 157th Way Gilbert, AZ 85298 Val-E-West Construction, Inc. $277,871.75 dba ValWest Construction, Inc. 1372 N. Nielson St. Gilbert, AZ 85234 Representatives in attendance: Kurt Montei, J2 Design Curt Easton, Nickle Contracting Jerry Burgess, ValWest Construction OP �!I / +Depy Jeff on Pa s and Recreation Director Clerk ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.8. '+PizoN►' File ID: 14-42 Sponsor: George Hoffman Agenda Date: 2/4/2014 Index: In Control: City Council Meeting City manager's report. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 9. '+'Piz File ID: 14-37 Sponsor: Kathy Connelly Agenda Date: 2/4/2014 Index: In Control: City Council Meeting Application for a new license, corporation, series 10 liquor license for Shell Food Mart#1 located at 420 North Apache Trail, Apache Junction. This public hearing is the next step in the procedure for obtaining a liquor license. Council will make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 JAN UARY 22, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR FEBRUARY 4, 2014: APPLICATION FOR A LIQUOR LICENSE FOR SHELL FOOD MART #1 An application for a New License, Corporation, Series 10 Liquor License has been submitted by Mr. Randy D. Nations for Shell Food Mart #1 located at 420 N. Apache Trail, Apache Junction, Arizona. Correspondence has been received from the building division, fire district, police department and the planning department, a copy of which is attached. The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the state department of liquor licenses and control. Barbara Duft From: Janet Mason Sent: Monday, January 27, 2014 7:39 AM To: Barbara Duft Subject: FW: Shell Food Mart#1 proposed re-opening Follow Up Flag: Follow up Flag Status: Flagged Barbara: Please attach this to the Shell Food Mart liquor application item. It should be placed behind the planning recommendation attachment. Thanks. From: Rudy Esquivias Sent: Thursday, January 23, 2014 3:56 PM To: Girishkumar Thakkar Cc: Janet Mason Subject: Shell Food Mart #1 proposed re-opening Mr.Thakkar: Here is the e-mail that I sent to the City Clerk's office regarding the proposed re-opening of the Shell Food Mart#1. My contact information is provided below, should you have any questions. Thanks. Rudy From: Rudy Esquivias Sent: Wednesday, January 22, 2014 11:26 AM To: Suzanne Heninger Cc: Brad Steinke; Kathy Connelly; Denise Moulson Subject: RE: Message from KMBT_C652DS - Orange Food (2) Suzanne: The property at 420 N. Apache Trail is zoned CCD (City Center District). Among the permitted uses in the CCD zone is, "convenience store (excluding gas/fuel sales and drive-through or drive-in)". If they wish,the applicants may operate a convenience store, but they may no longer sell gasoline at the site. Business license records show that the business license for the previous Orange Food Mart expired on October 31, 2010. There were several attempts to get ahold of the owners prior to and after the expiration of the business license, but the owners were very hard to find or they were simply unresponsive. Finally after the fourth written renewal notice, on February 1, 2011, records show that a representative from the business confirmed over the phone that the business had been closed. This property does not enjoy any lawful non-conforming status. It appears that the applicants have a couple of options in this situation: 1) Operate the convenience mart, but without gas sales; 2) Operate another type of business allowed in the CCD zone in the building; 1 3) Wait for the adoption of the new Zoning Ordinance, probably next May or June. The new Z.O. proposes to revise and rename the old CCD zone to B-3, which also proposes to allow convenience stores and gas sales outright. The adoption of the new Z.O. is subject to a Council decision; 4) Rezone the property to C-3/PD, which will allow convenience sales and gas sales. Please direct any zoning-related questions to the Planning Division. Thanks. c&u4.E6?uLVLQ.6 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) From: Suzanne Heninger Sent: Tuesday, January 14, 2014 11:55 AM To: Rudy Esquivias; Dennis Dixon; Jeff Robinson; 'john.suniga@ajfire.org' Subject: FW: Message from KMBT_C652DS Mr. Randy D. Nations has submitted an application for a New License, Corporation, Series 10 Liquor License for Shell Food Mart#1. Please see attached application and conduct the necessary inspections and submit your recommendation by email no later than Tuesday,January 21, 2014. 2 Apache Junction Police Department Memorandum DATE: January 17, 2014 TO: Jan Mason, Deputy City Clerk Chief Thomas Kelly THROUGH: Captain Troy Mullen r FROM: Lieutenant Jeff Robinson SUBJECT: Liquor License Application for Shell Food Mart#1 Mrs. Mason, I have reviewed the application supplied by Mr. Nations and did a physical inspection of the proposed sight. The Police Department has no reason to decline the application for the liquor license as outlined in the application. Jeff Robinson Patrol and SWAT Operations Lieutenant Arizona Departmentnf Liquor Licenses and Control °8h0bv4*V1b0j'.ogton,5th Floor fhMhix,Arizona 85007 www.azlicluor,.gov .rs APPLICATION FQR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All OwnersAgents,Partners,Stockholders, eers or Managers active)y Involved In the dayto avoperstlo4iv the business must attend a department approved liquor law training course or provide proof of attendance within the last five years. See Pa OS of the Liquor Licensing requirements. SECTION 1 This application Is for a: = SECTION 2 Type of ownership: � ❑MORE THAN ONE LICENSE ❑ INTERIM PERMIT Complete Section 5 ❑J.T.W.R.O.S. Complete Section 6 N NEW LICENSE Complete Sections 2, 3,4, 13, 14, 15, 16 ❑INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) ❑PARTNERSHIP Complete Section 6 Complete Sections 2,3,4, 11, 13, 15, 16 ®.CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) D LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4, 12, 13, 15, 16 ❑CLUB Complete Section 8 ❑PROBATENVILL ASSIGNMENT/DIVORCE DECREE ❑GOVERNMENT Complete Section 10 Complete Sections 2, 3,4,9, 13, 16(fee not required) ❑TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2, 3,4, 10, 13, 15, 16 ❑OTHER(Explain) SECTION 3 Type of license and fees LICENSE#(s): I b I I �Lf'18 1. Type of License(s): Series 10 Department Use Only 2.Total fees attached: $ -0-0 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 19 Mr. Nations Randy D. 1.Owner/Agent's Name: E]Ms. (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: Galanand Inc. j o (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: Shelf Food Mart#1 (Exactly as it appears on the exterior of premises) CDo 4. Principal Street Location 420 N.Apache Trail Apache Junction Pinal 85220 (Do not use PO Box Number) City County Zip 5. Business Phone: Pendinq Daytime Phone: 480-730-2675 Email:miranda@azllc.corn 6. Is the business located within the incorporated limits of the above city or town? DYES ❑NO 7. Mailing Address: PO Box 2502 Chandler Arizona 85244 City State Zip 8. Price paid for license only bar, beer and wine, or liquor store:Type $ Type $ DEPARTMENT USE ONLY Fees: !A� "� i 6 2- Q t Application Interim Permit Site Inspection Finger Prints $ t- �" ''� TOTAL OF ALL FEES Is Arizona Statement of Citizenship&Alien Status For State Benefits complete? } YES ❑ NO X1 qj Accepted by:� Date: ( 4 Lic.# 117n013 'Disabled individuals requiring special accommodation, please call(602)542-9027. 1 SECTION 5 interim Permit: 1. If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use?0 YES 0 NO If no,how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION, declare that I am the CURRENT OWNER,AGENT, CLUB MEMBER, PARTNER. (Print full name) R MEMBER, STOCKHOLDER, OR LICENSEE(circle the title which applies)of the stated license and location. W State of County of 11Z X The foregoing instrument was acknowledged before me this (Signature) My commission expires on: Day day of Month Year i P (Signature of NOTARY PUBLIC) T SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN-APPLICANT-TYPE FINGERPRINT CARD,AND$72 PROCESSING FEE FOR EACH CAM. 1. Individual: Last First Middle %Owned Mailing Address City State Zip Partnership Name:(Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Mailing Address City State Zi2 1:1 171 13 C1 ) Y R A S S E C E N FI T 2. Is any person,other than the above,going to share in the profits/losses of the business? 17-1 YES 0 NO If Yes,give name,current address and telephone number of the person(s). Use additional sheets if necessary. Last First Middle Mailinq Address State,Zip Telephone# 2 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FO;RT CARD. CORPORA"I"ION Complete questions 1, 2, 3, 5, 6, 7,and 8. L.L.C. Complete 1, 2,4, 5, 6, 7,and 8. 1. Name of Corporation/L.L.C.: Gajanand Inc. (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated/Organized: 09/09/13 State where Incorporated/Organized: Arizona 3. AZ Corporation Commission File No.: -1872242-4 Date authorized to do business in AZ: 10/0_4/113 4. AZ L.L.C. File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C. Non-profit?❑YES ONO 6. List all directors,officers and members in Corporation/L.L.C.: Last First Middle Title Mailing Address City Stat i r— Thakkar Girishkumar Director 4487 S.Cobblestone St.Gilbert,Arizona 85297 Oza Pradipkumar D. Director 1440 N.Idaho Rd.Apache Junction,Arizona 85119W (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10%or more: Last First Middle %Owned Mailing Address City State Zip �- 86% 4487 S.Cobblestone St.Gilbert,Arizona 85297 Oza Pradipkumar D. 14% 1440 N.Idaho Rd.Apache Junction,Arizona 85119 L__ I I (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach a percentage of ownership chart,and a director/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EAd4TERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. _ 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? ❑YES ❑ NO 3. List officer and directors: Last First Middle Title Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 I SECTION 9 Probate,Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type: - License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL,PROBATE DISTRIBUTION INSTRUMENT,OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION10 Government: (for cities,towns,or counties only) 1. Governmental Entity: 2. Person/designee: Last First Middle Contact Phone Number C— A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERik SECTION11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 06,07,and 09). 1. Current Licensee's Name: Entity:— (Exactly as it appears on license) Last First Middle (Indio.,Agent,eW 2. Corporation/L.L.C. Name: (Exactly as It appears on license) 3. Current Business Name: (Exactly as it appears on license) 4. Physical Street Location of Business: Street City, State,Zip 5. License Type: License Number: 6. If more than one license to be transfered: License Type: License Number 7. Current Mailing Address: Street (Other than business) City, State,Zip 8. Have all creditors, lien holders,interest holders, etc. been notified of this transfer? 11 YES 0 NO 9. Does the applicant intend to operate the business while this application is pending? El YES D NO If yes, complete Section 5 of this application,attach fee, and current license to this application, -- - ---------------- 10. 1, hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. 1, declare that I am the CURRENT OWNER, AGENT,MEMBER, PARTNER (print full name) STOCKHOLDER,or LICENSEE of the stated license. I have read the above Section 11 and confirm that all statements are true,correct,and complete. State of County of (Signature of CURRENT LICENSEE) The foregoing instrument was acknoWedged before me this Day Month Year My commission expires on: 4 (Signature of NOTARY PUBLIC) Location to Location Tramsfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL ITxa APPROVED BY THE STATE 1. Current Business: Name (Exactly asit appears onlicense) Address 2. New Business: Name (Physical Street Location) Address 3. License Type: License Number: . 4. |f more than one license tmbe transferred: License Type: License Number S. What date do you plan tomove? What date do you plan toopen? SECTION 13 Questions for all in-state apm|/ummts restaurant licenses (series 5' 11,and 12): w� &R.S.§4-2O7(A)and(B)state that no retailers license shall be issued for any premises which are mN the time the license application im receive the director,within three hundred 00D hohzonto|feetofnohumh.0thinthre*hondmd(3UO)hodoonta|#redo[apwb|icmprimte school building jAh kindergarten programs m grades one(i)through(12)urvifth|n three hundred(3O8)horizonal feet o[a fenced recreational area adjacent 10 such aoo building. The above paragraph DOES NOT apply to; uu o)Restaurant license(§4-2US.02) c)Government license(§4'206.03) �M h)Hotel/motel license(§42O6D1) d)Fenced playing area o[a golf course(§42UT(B)(S)) - 1. Distance to nearest school: .6M| k& Name ofschool Apache Trail Hi hSchool Address 945VV.Apache Trail Apache Junction,Arizona 8622O City, State,Zip 2. Distance to nearest church: .5M| ft. Name of church Centric Church Address SG6VV Apache Trail A he Junction,Arizona 85120 City, State, Zip 3. | am the: 9Lesaee [] Sublessee [] owner [l Purchaser(of premises) 4. |f the premises ka leased give lessors:Name 230V[.University LLC Address 2309E University Dr.Tempe,Arlzona 85281 City, State,Zip 4m. Monthly rental/lease rate 300000 What io the remaining length cf the lease 1 yrs. 0 moo. 4b. What ia the penalty if the lease io not fulfilled? or other 5dU owe term -�Q!��p details-attach additional s.heetnnene»�lami 5.What is the total burtiness indebtedness for this license/location excluding the lease? Please list lenders you owe money to. Last First mmme Amount o°mu Mailing (ATTACH ADDITIONAL SHEET/pNECESSARY) G. What type of business will this license be used for(be specific)? Convenient store SECTION 13 - continued 7. Has a license or a transfer license for the premises on this application been denied by the state within the past one(1)year? ❑ YES ® NO If yes, attach explanation. 8. 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? ❑YES ® NO If yes, give license number and licensee's name: License# (exactly as it appears on license) Name SECTION 14 Restaurant or hotel/motel license applicants: 1. Is there an existing restaurant or hotel/motel liquor license at the proposed location? ❑ YES ❑ NO If yes,give the name of licensee,Agent or a company name: c_ and license#: Last First Middle kD 2. If the answer to Question 1 is YES,you may qualify for an Interim Permit to operate while your application is pending;consult A.R.S.§4-203.01; and complete SECTION 5 of this application. :$ 3. All restaurant and hotel/motel applicants must complete a Restaurant Operation Plan (Form LIC0114)provided by tw Department of Liquor Licenses and Control. 4.As stated in A.R.S. §4-205.02.G.2, a restaurant is an establishment which derives at least 40 percent of its gros3*bvenue from the sale of food. Gross revenue is the revenue derived from all sales of food and spirituous liquor on the licosed premises. By applying for this ❑ hotel/motel ❑ restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel/Motel Records Required for Audit(form LIC 1013)with this application. applicant's signature As stated in A.R.S §4-205.02(B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises. With the exception of the patio barriers,these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If you are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.gov and click on the "Information"tab. applicants initials SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your business: ® Entrances/Exits ® Liquor storage areas Patio: ❑ Contiguous ❑ Service windows ❑ Drive-in windows ❑ Non Contiguous 2. Is your licensed premises currently closed due to construction, renovation, or redesign? E YES ❑ NO - - -_If yes,-what-is-you r-astimated-opoWn-date? n2/01/14 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 spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant(see#3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non-licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S.§4-207.01(B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors, windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. 6 applicants initials I SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up T. 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. Diagram attached Xzk C— R ri SECTION Ifi Signature Block 1, Randy D.Nations hereby declare that I am the OWNER/AGENT filing this (print full name of applicant) application as statedin-Section 4, Quesbon 1. 1 1 icave-read-this appffcaton-andveffyV--SWe-ms-ni-sto-be- true, c;c ;_rcgfnplete. "0 X (Signature of1pplicant listed in Section 4,Question 1) State of. 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I/9/20 14 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL f:V �Wj 'Lj 800 W Washington 5th Floor Phoenix AZ 85007-2934 IiK02)542-514;1�� E Attention all Local Governing Bodies. Social Security A ft, dA4(hj4'rhit�tIqn Is Confidential. This Information may be given to a is It t but MUGI be blocked to be unreadable prior to posting local low enforcement agencies for the purpose ofbi o n) r Pn ep t; Read carefully. This instrume tls;vlj e�i�,jrpe or print with BLACK INK. An extensive Investigation of you pckq Q d'd wJ!1,9 Go_ u (ad. False or Incomplete answom C— I , , '0 could result In criminal Investigate I V I I�. ,a of ant revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AGE PEFkQN COMPLETING THIS FORM MUST SUBMIT AN 4. 'APPLIC ANT`TYPE FINGERPRINT CARD AVAILABLE AT TH 0 .1 ;mc-ti" NF�Nt�;.bN FBI-APPROVED CARDS ARE ACCEPTED FROM LAQ ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT 'M�OiQW(31`LIQUOR, THE DEPARTMENT CWGES A$13 F-E, In addition to other fingerprint fees,a$22 DPS background chec�V1 VflU charged for each -IR fingerprint card. Liquor License IhR ftex WIRwed by AA-1§44-6§52 Will be;harge shon2rild Ol2ghs, -3 Of the location Is currently licens*) 1,Check Contmilling Person X Agent Manager(Only) w appropriate (Complete Questions 1.19) (Complete All Questions exceo #14,14d%21) box jo Controtling Person or Agent must complete#21 for a Manager Controlling Person or Agent must compifia#211 2-Name.• Nations Randy D. Date of Birth: Last First Wo a PUBUTCRTrO707 3.Social Security Numb Drivers License 1P state, Arizona record) ffia pWbllcre rd) 4.Place of Bhh: Morenci AZ USA Height. 6'1 Weight 210 Eyes: HAZ Hair. BRO City State gounla (not county) 5. Marital Status Single X Married Divorced Widowed 6. Name of Current or Most Recent Spouse: Nations Deborah Jean Collier. Date of Bi (Ust all for last 5 years-Use additional sheet If necessary) Last First Mddto Maiden Qw a PU111111940;cMi— 7. You are a bona fide resident of what stata7 Arizona It Arizona,date of residency.- 1947 8 Telephone number to contact you during business hours for any questions regarding this document, _480-730-2675 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona drivers license or voter ragistratlon card. 10. Name of Licensed Promises: Shell Food Mart#I Promises Phone: Pending 11.Physical Location of Licensed Premises Address: 420 N.Apache Trail Apache Junction Pinal 85120 Street Address (Do not use PO Box#) City County Zip 12,Ustvoure iAoyment or ty Do of business du ft the past five(5)years.If unemployo W of the time, list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Montwear MonthtYear OR BUSINESS (skeet address,city,state&zip) 04/93 CURRENT President WC Enterprises LLC 1811 S.Alma School Rd Suite 268 Mesa,AZ 85210 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION� 13. Indicate your residence address for the last five(5)years: FROM TO Rent or RESIDENTIAL Street Address Monin New MonthNear Own Ir rented,attach additional shoot with name,address and one number of landlord City state Zip 12/95 CURRENT 0 314 S. Bayshore Blvd Gilbert AZ 85233 April 16,2012 Disabled individuals requiring special accommodations,please call the Department,(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed promises? YES X]NO If you answered YES,how many hrs/day? __,,_,and answer#14a below. If NO,slip to#16. 14a.Have you attended a OLLGapproved Liquor Law Training Course within the past 5 years? (Must provide proof) YES ENO N 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 cited.arrested,indicted or Summoned Into court for violation of ANY law or ordinance, YES X 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 ANQ any traffic tickets and complaints that are alcohol or drug-relates. 16.Are there ANY administrative law citations,compliance actions or consents,criminal arrest, indictments X YES NO or summonses PENDING against you or ANY entity in which you are now involved? Include onty criminal traffic tickets and complaints. 17. Have you or any entity in which you have held ownership,been an officer,member,director or manager XYES NO EYEB. ad a business, professional or liquor appliotlon or lig&nsg 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 X YES NO misrepresentation? 19. Are you NOW or have you EVER held ownership,been a controlling person been an officer,member, X YES NO director or manage on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is`YLS"YOU MUST attach a sighed statement. Give complete details including dates,agencies Involved,and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20, 1, Randy D. Nations ,hereby declare that I am the APPLICANT(REPRESENTATIVE � (print full name of Applicant) filing this questionnaire. I havel ead this questio nalre and all statements are true,correct and complete. X _ State of Arizona county of Maricopa � (Signature of Applicant) the foregoing Instrument was acknowledged before me tiM 6th day of Janus , 201 MIRANDA BUSTAMANTE AAort Year M Notary Public-Arizona My commission expires o t Maricopa CountyPh— V� Jan ots Y {Signat"of N RYPuatic) _G(3MPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21.The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. State of County of The foregaing Instnmuint was soltnowledged before me this X _ day of Signature of Controlling Person or Agent(circle one) Mom Year Print Name (Signature of NOTARY PUBLIC) My commission expires on-, Day Month Year I P.O.Box 2502 Chandler,Arizona 85244 (480)730-2675 Phone (480)730-2676 Fax 1. ..4n ARMNA LIQUOR. NDUMYWNSUTANrS This addendum is written in response to questions 16, 18 and 19 on the QUESTIONNAIRE. In resMnsa to question 16, my company is currently contracted with over five hundred (5DO) liquor establishments statewide, not to mention those who have cancelled services since our inception in 1993. Depending on when this document is reviewed, its possible that there may be a pending administrative citation,compliance action,arrest or summons against one of them. Since I began ALIC in April of 1993, 1 have been associated with hundreds of liquor establishments and liquor licenses.Several of them have received citations(fines)and in some instances,a suspension. I work with the compliance officer on a regular-basis acting as a representative for those who utilize my contract service. I do not however, have anything to do with the actual operation of any liquor establishment in this or any other state'1herefore, none of the violations to which I have just referred C- can be associated to me personilly.'AddfIldnally, it would be almost impossible for me to give you a reconciliation of these violations.as I have been associated with so many licenses for so many years. LD Question18. In early 1995, 1 was involved in litigation over the sale of a class sb((6)liquor license.The seller in this case presented documents to me, you (DLLC),and the Arizona Department of Revenue, showing him as the president of a corporation that owned a liquor license.He requested ffry assistance in selling this license,*as I am a liquor license broker.The license was brokered and sold by me.Some weeks later I discovered that the individual selling the license on behalf of the corporation was a fraud, therefore the sale of the license illegal. After notifying the purchaser(victim), he instigated a lawsuit against both me and the escrow company used to consummate the sate of the license. The litigation On' against my company and me was later dropped; I did however have to pay the buyer's attorneys fees. Additionally, I prepared a felony complaiM took it to prior police associates at the Arizona Department of Public Safety and we obtained a five count Grand Jury Indictment and six year prison conviction against the fraudulent seller. Question 19. 1 am currently the Administrative Agent on numerous liquor licenses throughout the State of Arizona. I have also owned liquor licenses that were purchased for resale only. Respectfully Submitted, Randy Nations, President AIJC ARIZONA DEPARTMENT OF LIQUOR LICENSES»CONTROL 800 W Washington 5th Floor tM 1 J Phoenix AZ 85007-2934 !✓v I(Fi_02) 542-51 I Can j �CAP Attention all Local Governing Bodies: Social Securi die "## n is Confidential. This information may be given to local law enforcement agencies for the purpose o,;� + ' iecll t'10*''i t,be blocked to be unreadable prior to posting or a. .°RuNicrylk Read carefully. This instru t 11, ° l'f lac _ erly ype or print with BLACK INK. An extensive investigation of you c!� 0— cod cted. False or incomplete answers could result in criminal prosecutiarf` t l �q on revocation of a license or permit ,.� TO BE COMPLETED BY EACH CONTROLLING PERSON,AGE.S1y R, f �;� ON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT"TYPE FINGERPRINT CARD AVAILABLE AT TH( a FI GER RiIT BI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SEtilCES OF LIQUOR. THE DEPARTMENT CHARGES A$13 FEE. In addition to other fingerprint fees,a$22 DIPS background check``f ' -f f be charged for each fingerprint Liquor License # ngerprint card. The fees p1lowed by A.R.S.4 44-6852 will be gharged f( mead checks ' b t -3 t (if the location Is currently licensed) 1.Check ✓Controlling Person Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box ---* Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2.Name: Thakkar Girishkumar Date of Birt Last First Middle Q,r a Public ReC4 d) 3.Social Security Numbe Drivers License State: AZ a public record) o public record) 4.Place of Birth: Mumbai Maharashtra India Height: 5'11 Weight: 205 Eyes: Bilk Hair:Bi - City State Country (not county) r 5. Marital Status Single ✓ Married Divorced Widowed 6. Name of Current or Most Recent Spouse: Gamoth Jayshri Date of Birth. (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (hm a rc ord) 7. You are a bona fide resident of what state? Arizona If Arizona,date of residency: 6/2C - 8 Telephone number to contact you during business hours for any questions regarding this document. 480-335-7767 9. If you have been an Arizona resident for less than three(3)�moon�t,'hs, submit,l a copy of your Arizona driver's license or voter registration card. �A 10. Name of Licensed Premises:_ ,oLL 4X ! ! 6.� 10-nC Premises Phone: �j, ti 11.Physical Location of Licensed Premises Address, Tff� A/" �'SC-�t-Q� �/� &&,AP�4� �` `` ` Street Address (Do not use PO Box#) City County Zip 12.List your employment or type of business during the past fire 5 ears.If unemployed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year I OR BUSINESS .. rstrEFLaddrass city stateZ zio 3/2011 CURRENT Computer system analyst World Wide Technology Inc 9365 S McKemy St Tempe AZ 85284 6/2007 3M 1 I Computer system analyst Sentinel Technologies 1241 W Warner Rd Tempe AZ 85284 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION$ 13. Indicate our residence address for the last five 5 ears: FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own If rented attach additional sheet with name address and phone number of landlord city State Zip 1/2011 CURRENT; awn 4487 S Cobblestone St Gilbert AZ 85297 3/2000 1/2011 Rent 1100 N Priest Dr Chandler AZ 85226 3�' ! Rent 13220 S 48th St Phoenix AZ 85044 6/2007 3/2008 ,Rent 4487 S Cobblestone St Gilbert AZ 85297 April 16,2012 Disabled Individuals requiring special accommodations,please call the Department.(602)542-9027 I If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be phys)cally present and operating the licensed premises? E INO If you answered YES,how many hrs/day?__M__, and answer#14a�elow If NO,skip to#15. 14a.Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES INO If the answer to#14a Is"NO",course must be completed before Issuance of a new license or approval on an existing license. 11_� ,-15.Have you been cited, arrested, indicted or summoned into court for violation of ANY law or ordinance, regardless of the disposition, even if dismissed or expunged,within the past ten (10)years? |n addition, please include all traffic tickets and complaints within the last ten (1O)years that resulted in o warrant for arrest_A�Q any traffic tickets and complaints that are alcohol urdmg-nmlated. 16,Are there ANY administrative law citations, compliance actions or consents, criminal arrest, indictments yE or summonses PENDING againstyou or ANY entity in which you are now involved? Include only criminal traffic tickets ondcomplaints. 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager YE N EVER mdo business, professional or �`^—�'',/ 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 YES misrepresentation? KD ,~.10. Are you NOW or have you{EVER held ownership, been a controlling person, been onofficer, NO director orl manager on any other liquor license in this mr any other state? OY�s c~ If any answer to Questions 15 through 19 is "YES"YOU MUST attach a signed statement. �� _� wm Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. |. . hereby declare that| am the APPL|C/\NT7REPRESENTAT|V�� (print full name mvApplicant) filing this questionnaire. | have read this questionnaire and all statements are true, correct and complete. X AMv4tState Of Countyof (Signature of Applicant) The foregoing instrument as acknowledgeduemnwmemio day ofM'RANDA BUS Notary Publie-Arizona Year My commission expire s maricops County Ll�mmission ExPireS (Signature of NOTARYPUBLIC) COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must bnat least 21 years of age. State —County of The foregoing instrument was acknowledged before mothis X day of Signature nf Controlling Person or Agent(circle one) Month ' Year Nnt Name (Signature m NOTARY PUBLIC) My commission expires on: Day Month Year ' #19 1 am the owner of Food Mart 76 Gas Station. 1 Girish Kumar Thakkar C� R UO r A r-- w. ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 2� c) 1( Q 542-51 Attention all Local Governing Bodies: Social Secur! r#t te,,t� #' at�pnis Confidential. This information may be given to local law enforcement agencies for the purpose o� +�k d bh eqn t,tt ustbe blocked to be unreadable prior to posting otsw. `' Read carefully. This insti e#it i s r r netWype or print with BLACK INK. An extensive investigation of yolcwil�� co cted. False or incomplete answers could result in criminal prosecution n.. t t(,b ent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGE N COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT"TYPE FINGERPRINT CARD AVAILABLE AT TH ✓.F? If FYiEIN FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SE E5ft TIvtENT'OF LIQUOR. THE DEPARTMENT CHARGES A$13 FEE. In addition to other fingerprint fees,a$22 DPS background chec be charged for each fingerprint card. , Liquor License # The fees allowed by A.R.S.§_44-6852 will be charged fQr all dishonored checks d( I 7 Q (if the location is currently licensed) 1.Check VControlling Person Agent Manager(Only) appropriate I (Complete Questions 1-19) (Complete All Questions except#14,34a&21) box -- ► Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must cotolete#21 2.Name: Oza Pradipkumar D. Date of Birth: Last First Middle ()±IQ`[a Public R rd) Californiat-D 3.Social Security Number: ,Drivers License State: i public record) (NQZ a public record) ►- 4. Place of Birth: Ahmedabad Gujarat India Height: 57' Weight: 205 Eyes: Black Hair:BAck City State Country (not county) 5. Marital Status Single Married Divorced ✓ Widowed 6. Name of Current or Most Recent Spouse: Date of Birth: 1 1 (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (NQT a publicord) 7. You are a bona fide resident of what state? Arizona If Arizona,date of residency: 09/2013 8 Telephone number to contact you during business hours for any questions regarding this document. 805-202-9325 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises: Shell Food Mart#1 Premises Phone: Pending 11. Physical Location of Licensed Premises Address: 420 N. Apache Trail Apache Junction Pinal 8,�-A20 Street Address (Do not use PO Box#) City County Zip 12. List your employment or ty De of business during the past five 5 ears.If unemployed part of the time, list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year MonthfYear OR BUSINESS street address ci state& �— Q1/12 CURRENT Partner/Employee Gajanand Fuels 19271 Sherman Way Reseda, CA 91335 61/08 01/12 Retired 1440 N. Idaho Rd. Unit 1058 Apache Junction, AZ 851191 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence address for the last five 5 ears: FROM TO Rent or RESIDENTIAL Street Address MonthNear MonthJYear Own If rented attach additional sheet with name address and 2hone number of landlord City State Zi 11/13 CURRENT Rent 1440 N. Idaho Rd. Unit 1058 Apache Junction AZ 85119 ' 01/08 11/13 Rent 121 N. Linden Dr. Ventura CA 93004 April 16,2012 Disabled individuals requiring special accommodations,please call the Department(602)542-9027 / If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? ES INO If you answered YES,how many hrs/dayZ______,and answer#14a below IfNO,skipto#15. 14a.Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES INO 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 cited,arrested indicted or summoned into court for violation of ANY law or ordinance. YES NO regardless of the disposition, even if dismissed or expunged,within the past ten (10)years? ~\~~11 |n addition, please include all traffic tickets and complaints within the last ten MD\years that resulted |n m 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, criminal arrest,indictments YES 'W� /�� ur summonses PENDING,against you or ANY entity in which you are now involved? Include only criminal traffic tickets mnd complaints. 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager YES NO EVER mda business, professional or or fined in this or any other state? 18. Has anyone EVER filed suit or obtained a judgment against you,the subject ofwhich involved fraud or YES NO ' 19. Are you NOW or have' EVER held ownership, beena controlling person, been sn__2 _lme[be YIE.S- NO director orl manager on anV other liquor license in this or any other state? z� C_ If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed statement. �� �� Give complete details including dates, agencies involved,and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 7` � 2O. |. hereby declare that|om the APPL|CANT/REPRESENT7\T|VEj (print full name mApplicant) uu fi|ingthis questionnaire. I have read this questionnaire and all statements are true, correct and complete. �n X State of Countyoft (57g-r—talMre of Applicant) mm t was acknowledged before me this day of_ Mynomm|o�nnoxpimoon: � ayMYCM"sionEx1ftffj; (Signature of NOTARYPUBLIC) COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21.The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. State of Countyof The foregoing instrument was acknowledged before mathis X day of Signature or Controlling Person o,Agent(circle one) Month ' Year Print Name ----------- 8aisnammm«wmrxnYpuamo> k»y commission expires on: omv Month Year NOTICE The attached application for a New License, Corporation, Series 10 Liquor License submitted for Shell Food Mart #1 located at 420 N. Apache Trail, Apache Junction, Arizona, was posted on the 14th day of January, 2014, at 3:00 p.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the city clerk at city hall within twenty (20) days after the date of posting. Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, February 4, 2014, at the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, AZ at 7:00 p.m., at which time any objections filed will be heard. Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. January 14, 2014 Randy D. Nations Shell Food Mart#1 P.O. Box 2502 Chandler, AZ 85244 Dear Mr. Nations: Please be advised that the application for a New License, Corporation, Series 10 Liquor License submitted for Shell Food Mart#1, located at 420 N. Apache Trail, Apache Junction, Arizona, was posted on January 14, 2014, in accordance with state law. The Apache Junction City Council will hold a public hearing on February 4, 2014, 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 Tuesday, January 21, 2014, 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 JAN UARY 14, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY BUILDING DIVISION PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR LIQUOR LICENSE FOR SHELL FOOD MART #1 Mr. Randy D. Nations has submitted an application for a New License, Corporation Series 10 Liquor License for Shell Food Mart #1, located at 420 N. Apache Trail, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by email no later than Tuesday, January 21, 2014, in order for this item to be on the agenda for the City Council meeting of February 4, 2014. Janet Mason From: Kathy Connelly Sent: Wednesday, January 22, 2014 12:25 PIVI To: Suzanne Heninger; Janet Mason Subject: FW: Message from KMBT—C652DS Comments from Dennis on the Shell Food Mart liquor license application. kc From: Dennis Dixon Sent: Wednesday,January 22, 2014 11:53 AM TO: Kathy Connelly Subject: RE: Message from KMBT—C652DS It looks like inside the store sales. No real comments. ........... From: Kathy Connelly Sent: Wednesday, January 22, 2014 11:41 AM To: Dennis Dixon; Jeff Robinson CC: Bryant Powell; Thomas Kelly Subject: FW: Message from KMBT—C652DS We need to submit this agenda item today. If we do not receive your response then the item will go to the mayor and council without your comments. Thanks. kc From: Suzanne Heninger Sent: Wednesday, January 22, 2014 11:35 AM To: Kathy Connelly Subject'. FW: Message from KMBT—C652DS From:Suzanne Heninger Sent:Wednesday,January 22, 2014 9:22 AM To: Rudy Esquivias; Dennis Dixon;Jeff Robinson; 'john.suniga@ajfire.org' Cc:Janet Mason Subject: FW: Message from KMBT—C652DS Please get your recommendations in to me as soon as possible today so we can get this on the February 4,2014 agenda. From:Suzanne Heninger Sent:Tuesday,January 14, 2014 11:55 AM To: Rudy Esquivias; Dennis Dixon;Jeff Robinson; 'john.suniga@ajfire.org' Subject: FW: Message from KMBT—C652DS 1 Apache Junction Fire District PROUDLY SEpyIryG 565 North Idaho Road, Apache Junction, AZ 85119 Phone (480) 982-4440, Fax(480) 982-0183 www.ajfire.org MEMORANDUM TO: Jan Mason,Deputy City Clerk City of Apache Junction FROM: John Suniga,Deputy Fire Marshal - DATE: January 22, 2014 SUBJECT: Series 10 Liquor License Application for Shell Food-Mart#1 The Apache Junction Fire District recommends approval of the above noted application. As always we will conduct the needed safety inspections as this new project progresses. Thank you for your notification on this matter. jos ATTN: Application Suzanne Heninger From: Rudy Esquivias Sent: Wednesday, January 22, 2014 11:26 AM To: Suzanne Heninger Cc: Brad Steinke; Kathy Connelly; Denise Moulson Subject: RE: Message from KMBT_C652DS Suzanne: The property at 420 N.Apache Trail is zoned CCD(City Center District). Among the permitted uses in the CCD zone is, "convenience store (excluding gas/fuel sales and drive-through or drive-in)". If they wish,the applicants may operate a convenience store, but they may no longer sell gasoline at the site. Business license records show that the business license for the previous Orange Food Mart expired on October 31, 2010. There were several attempts to get ahold of the owners prior to and after the expiration of the business license, but the owners were very hard to find or they were simply unresponsive. Finally after the fourth written renewal notice, on February 1, 2011, records show that a representative from the business confirmed over the phone that the business had been closed. This property does not enjoy any lawful non-conforming status. It appears that the applicants have a couple of options in this situation: 1) Operate the convenience mart, but without gas sales; 2) Operate another type of business allowed in the CCD zone in the building; 3) Wait for the adoption of the new Zoning Ordinance, probably next May or June. The new Z.O. proposes to revise and rename the old CCD zone to B-3,which also proposes to allow convenience stores and gas sales outright. The adoption of the new Z.O. is subject to a Council decision; 4) Rezone the property to C-3JPD,which will allow convenience sales and gas sales. Please direct any zoning-related questions to the Planning Division. Thanks. UR44 cf42UiYia.6 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 rest ivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From: Suzanne Heninger Sent: Tuesday, January 14, 2014 11:55 AM To: Rudy Esquivias; Dennis Dixon; Jeff Robinson; 'john.suniga@ajfire.org' Subject: FW: Message from KMBT_C652DS 1 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 10. '+'Piz File ID: 14-36 Sponsor: Kathy Connelly Agenda Date: 2/4/2014 Index: In Control: City Council Meeting Application for a person transfer, location transfer, limited liability company, series 9 liquor license for Date Tree located at 2925 W. Superstition Boulevard, Apache Junction. This public hearing is the next step in the procedure for obtaining a liquor license. Council will make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 JAN UARY 22, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR FEBRUARY 4, 2014: APPLICATION FOR A LIQUOR LICENSE FOR DATE TREE An application for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License has been submitted by Ms. Andrea Dahlman Lewkowitz for Date Tree located at 2925 W. Superstition Blvd., Apache Junction, Arizona. Correspondence has been received from the building division, fire district, police department and the planning department, a copy of which is attached. The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the state department of liquor licenses and control. Apache Junction Police Department Memorandum ro DATE: January 17, 2014 TO: Jan Mason, Deputy City Clerk Chief Thomas Kelly/'(p THROUGH: Captain Troy Mullet�q!, FROM: Lieutenant Jeff Robinson SUBJECT: Liquor License Application for Date Tree Mrs. Mason, I have reviewed the application supplied by Ms. Dahiman and did a physical inspection of the proposed sight. The Police Department has no reason to decline the application for the liquor license as outlined in the application. Jeff Robinson Patrol and SWAT Operations Lieutenant Arizona De t of Liquor k-enns�es and Control it& ashlgg IiOr Notice: Bffeotiva Nov.1,'"T ft,dov to flSee 5 of MR kaim must a tend a � Kqu � � dtfulNlt�--._,r � tM last Ifvo ymlrs Ow Clquor Llmwkig nqutnwetNttb'i ..r - �,.t i ' S t{}N This sppiicstio�l '= "`z'•'`:.' �' Typ�r of ownatrshEp: ❑MORE THAN ONE LICENSE 7}`h''6 ''yr;f`r7f,^•;„,-' ,�::`f' t3 ❑ INTERIM PERMIT Complete S r .5 '�,`; =j{" r '3 ,rt J.T. O.S. Complete Section f6 r- 0 NEW LICENSE CWWQ* 3,4, 1 � IN , Corr�k4e Section I n 6 ry. W PERSON TRANSFER(Bars&L res Y} , ..,, ❑Pt8N1P Coartplete Sectrd� '~ TION Complete Sscdjon 7 Complete Sec#�ons Z,3, o.,.�:�.�'. +�`+� r►►�tl � X LOCATION TRANSFER(Batts 'y� � L BILITY CO. CompWte Son 7 complete Swans x 3 1 , `"'° L SecSon 6 ❑PROBATENVILL ASSIGNME - -' ❑ Complete Sectnion 10 Complete Sections 2, '�,"�,13,1 to UST Complete SecdYon 6 ❑GOVERNMENT Complete Sections 2,31 4,10, ❑OTHER(E. plain) SECTION 3 Type of license and fees LICENSE#(i): p,114000 1. Type of License(s): Series 9 `;•,.� Department Use Only 2.Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE» The fees allowed under A.R.S.44-6852 will be urged for all dishonored checks. SECTION 4 Applicant P DS(9 [3Mr. LEWKOWITZ ANDREA DAHLMAN 1. Owner/Agent's Name: E]Ms. (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.:DATE TREE,LLC f�M a�vlp (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name:DATE TREE (Exactly as it appears on the exterior of premises) 4. Principal Street Location 2925 W.SUPERSTITION BLVD. APACHE JUNCTION PINAL 85220 (Do not use PO Box Number) city County ZIP 5. Business Phone:480-983-5570 Daytime Phone: 602-200-7222 Email:ANDREA@LEWKOWITZLAW.COM 6. Is the business located within the incorporated limits of the above city or town? ®YES ONO 7. Mailing Address:2600 N CENTRAL AVE.#1775,PHOENIX,AZ 85004 City State B. Price paid for license only bar, beer and wine, or liquor store: Type 9 $100,000.00 Type $ �}�(( DEPARTMENT USE ONLY Fees: _flJt _ .._..-- Application Interim Permit Site Inspection Finger Prints $ Q TOTAL OF ALL FEES Is Arizona Statement of Citizenship&Alien Status For State Benefits complete?�r 1-YES ❑ NO Accepted by: .1 Date: I lC?t t 4 Lic.# y t It q(X0 Vn12013 'Disabled Individuals requiring special accommodation, please call(602)542-9027. 1 ECTION 5 Interim Permit: 1. If y i tend to operate business when your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.0 . 2. There MUST be a vai icense of the same type you are applying for currently issued to the location. 3. Enter the license number cur I at the location. 4. Is the license currently in use?0 YE NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT LOCATION TO THIS APPLICATION. I declare that I am the CURRE WNER,AGENT, CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies the stated license and location. C— State of County of �R X The foregoing instrument acknowledged befd89 me this (Signature) day of My commission expires on: Day Month ar (Signature of NOTARY PUBLIC) CTION 6 Individual or Partnership Owners: EACH P N LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UC0101),AN"APPLICANT'TYPE FINGERPRINT CARD.AND$22 PROCESSING FEE FOR EACH D. 1. Individual: .Last First Middle %Owned Mails Address City State Zip Partnership Name:(Only the first p%ner listed will appear on license) General-Limited Last First die %Owned Maili2g Address _g_q State Zip 11 13 11 11 0 1:1 Y R A S S E C E N F I T 0 1 2. Is any person,other than the above,going to share in the profits/losses of the bu ess? ❑ YES 11 NO If Yes,give name,current address and telephone number of the person(s). Use ad i al sheets if necessary. , Last First Middle Mailing Address Ci city te,Zip Telephone* SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. 0 CORPORATION Complete questions 1,Z 3,5,6, 7,and 8. M L.L.C. Complete 1, Z 4,5, 6, 7,and 8. 1. Name of Corporation/L.L.C.: DATE TREE,LLC (Exactly as it appears on Artides of Incorporation or Articles of Organization) 2. Date Incorporated/Organized:4/24/13 State where Incorporated/Organized: AZ 3, AZ Corporation Commission File No.: N/A Date authorized to do business in AZ: N/A 4. AZ L.L.C. File No:L 1842352-5 Date authorized to do business in AZ: 4/29/13 5. Is CorplL.L.C. Non-profit?❑ YES®NO 6. List all directors,officers and members in Corporation/L.L.C.: Last First Middle Title Maill2a Address Ci!x Stak Ze HUSAYNO TARIQ J. Member 10731 E SUNNYSIDE DR,SCOTTSDALE,AZ 85258 P (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10%or more: Last First Middle— %Owned Mailing Address City State Zip HUSAYNO TARIQ J. 10096 10731 E SUNNYSIDE DR,SCOTTSDALE,AZ 852-59 (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity,attach a percentage of ownership chart,and a director/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EAC SON LISTED MUST SUBMITA COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH OR SECTION Club r LISTED MUST B SON I T Mu S7 EACH - M Applicants: 1A COMPLETED QUESTIONNAIRE 1. Name of Cl Date Chartered: as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? El Y NO 3. List officer and directors: First M I Last First Middle Title Mali!N Address C12ate Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1. Current Licensee's Name: (Exactly asn appears pnlicense) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type.- License Number. Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL,PROBATE DISTRIBUTION INSTRUMENT,OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTIONIO Government: (for cities,towns,er counties only) 1. Governmental Entity: 2. Person/designee: Last First Middle Contact Phone NumbeR A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SE91VED Person tm Person Transfer: ~' � Questions%nbmcompleted by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 0G,Q7.and 08). NELSON R{]8ERT ]DSEpH AGENT c� 1. [�umsntLicensee's Nanna: Entity: (Exactly aod appears onlicense) Lost Rmm Middle (|ndiv..mgenfChc.) SMITH'S FOOD 2. Corporation/L.L.C. Name: (Exactly osit appears onlicense) 3. Current Business Name: FRYS FOOD Q DRUG#48 (Exactly oxn appears nolicense) 4..Physical Street 1�8�E�FLORENCE8LVDe�tLoce�onmfBuaine�a� Stree� ' City, State, Zip [A6AGRANDE,AZ85ZlI 5. LicenseTvpe: SER|ES9L|{2S[R License Number 09114000 � G. |fmnope than one license tobetnans�'nad- L�enmeType: Y~ License Number: \� 7. Current Mailing Address: Street P.O.BOX#1043 (Other than business) City,State, Zip TOLLESON'AZ853S]-10O3 8. Have all creditors, lien holdens, interest holders, etc. been notified of this transfer? N`yEG 171 NO Q. Does the applicantintend to operate the business while this ap lica bon is pending? [l YES S1NO 1f yes,complete Section 5of this application, attach fee, and current license to this application. 10. |. RD8ERT]DSEpHNEL83N , hereby authorize the department to process this application to transfer the (print full name) phvi|egeofthe |imanaetothmopp|icontpnovNedthadoUbanneandconditionwofaa|eonsmet. Based on the fulfillment ofthese conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. ROBERTJOSEPHNELSON|. .declare that(am the CURRENT OWNER, AGENT. /NBNBER. PARTNER (print full name) STO oPLICEN e stated license. I have read the above Section 11 and confirm that all statements are State of&2Qrl County of The foregoing instrument was acknowbedgedbafora this MARICOPACOUNTY Day Month Year Aug N1ynornnnis�one�oinason: BILL OF SALE For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, HAMLTON CONSULTING, INC., an Arizona corporation {"Seller l hereby sells, grants and transfers to DATE TREE, LLC, an Arizona limited liability company ("Buyer"), all right, title and interest in and to Arizona Liquor License No. 09114000 ("the License"). Seller Warrants that it is the lawful owner of the License,that the License is free and clear of all claims, liens, or encumbrances except inactive fees which Buyer shall pay to the Arizona Department of Liquor Licenses & Control, and that the undersigned is authorized to execute all ':R documents necessary to effect transfer of the License. This Bill of Sale shall be binding on Seller, its successor and assigns, and shall inure to the benefit of Buyer, its successors and assigns. HAMILTON CONSULTING,INC., an Arizona corporation 12130113 13y: Date James M. Hamilton,President STATE OF 0, ss. County of A SUBSCRIBED AND SWORN to before me this ZQ day of December, 2013 by James M. Hamilton. My Corrunission Expires: Notary Public GINA A.Ej MAROON O ON Hawy P*10 Atlzm s miftaps County MY Comm.Expkn Mgr 25,Z ol 7 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS: fa That Smith's Food & Drug Centers, Inc. (hereinafter referred to as "Seller"), for an ilf-6 consideration of the sum of Eighty Seven Thousand One-Hundred and NoI100 Dollar!R ($87,100.00) and other good and valuable consideration to Seller paid by Hamilton Consulting8 Inc. (hereinafter "Buyer"), the receipt and sufficiency of which are hereby acknowledged and confessed, has bargained, sold, assigned and delivered, and by these presents does bargain, sell; assign and deliver, unto Buyer all of the Seller's right title and interest in and to all of thy following described personal property in Pinal County, Arizona, to wit: Arizona liquor license#09114000 This Bill of Sale shall be binding on Seller, its successors and assigns,and shall inure to the benefit of Buyer,its successors and assigns. EXECUTED this day of December 2013. SELLER: Smith's Food&Drug Centers, Inc. �7r�jn STATIE OF ARIZoNA 4 E PARTA ENT OF L--1QUOR! ,LWEN$-fs � AND oNTRO E U. " 3--EV �. tci r.•.i ��ENW -]%ERAG,. IC u. License 09114000 r, p Issue Date: 9/10/2007 Expiration Date: 8/31/2014 : �'� :H• 'Issued To: -1� H NELSON,Agent Liquor Store ROBERT JOSEP NE I Mailing Address: {*% I : I SMITHS FOOD&DRUG CENTERS INC, Owner �k I Location: - - _...,, _ROBERT JOSEPH NELSON i FRY'S FOOD&DRUG#48 SMITH'S FOOD&DRUG CENTERS INC 1385 E FLORENCE BLVD : ' FRY'S FOOD&DRUG#48 !- r t i _ CASA GRANDE,AZ 85222 Y P O BOX 1043 TO AZ 85353-1003 Yl� ti J� �p _ POST"i SI,kCF.CJSE WA CONS OWS MACE rz,.� .��` ='r ,ij�i ' �.'R,7+f` y'�"" '�. �,y"i" i� �a ;�,+��y�t �' ,r'i"- r r -•�- "�"'`-� r> A. , � \t',i, :; /ff 4a.s+j\� _-\flff z• --\f�� �'-�.: - '! --�,-- - / ,��,4,� i!/ �,?:�'i���,�,��.� 1�!l!! S=s�tiz pit ,�� . SECTION 12 Location ho Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1. Current Business: Name FRYS FOOD&DRUG#48 (Exactly aait appears onlicense) Address 1385EFbORENCE8LVD.'CASAGRANDEAZ 85222 2 New Business: Name DATE TREE (Physical Street Location) Address]Q25VV SUPERSTITION BLVD.,APA[HEJUN[T|ON.AZ 89VO ��K|E�9 09114000 3� License Type: License 4. |f more than one license tobe transferred: License Type:N/A License Number: N/A 6. What date do you plan to move?When license isissued What date do you plan to open?Currently n9#00 SECTION 13 Questions for all in-state appRuomba excluding those al2plying for gove glOe (series 6, 11~and 12): -- XRS.§4-207(A)and(B)state that no retailers license shall be issued for any premises which are at the time the license application is the director,within three hundred(300)horizontal feet of a church,within three hundred(300)horizontal feetofo public orprivate school building kindergarten programs nr grades one(1)through(12)ox within three hundred(0O)huhzoma|feet ofa fenced recreational area adjacent|o such��mdbuilding. � The above paragraph DOES NOT apply�� � cu a)Restaurant license(§4-2U {2) d Government license(§4-2O503) co b)HoteVmote|license(§4-285O1) d)Fenced playing area ufa golf course(§4-207(B)(5)) 1 Distance to nearest school: 4KX} ft. Name of school Sousa Elementary School Address 016N.Mountain Rd,Mesa,AZQ5ZO7 City, Stmte, Zip 2. Distance to nearest church: 2600 ft. Name of church Desert Chapel U ited/Ne\hmjistCh oh Address 463N Palo Verde,Apache Junction,A2851ZO City, Gtato, Zip 3. |mmthe: Ohsaoee [l Sublessee [] Owner Fl Purchaser(of premises) 4. |f the premises io leased give lessors: Name K&H Property,LLC Address 1O731E Sunnyside Dr.,Scottsdale,Az852S9 City, Sbate, Zip 4s. Monthly rentaitleaaarate 2,200l0 VVhatimthanannaininQ |engthofthe |eaao4 yrs.3 mos. 4b. What io the penalty if the lease is not fulfilled? $50.00 per m or other (give details-attach additional sheet i,necessary) 5.What is the total business indebtedness for this license/location excluding the lease? 0I0 Please list lenders you owe money to. Last First Middle Amount Owed Mailing Address (ATTACH ADDITIONAL SHEET/pNECESSARY) G. What type of business will this license be used for(be speoific)? CONVENIENCE STORE 5 SECTION 13 -continued 7. Has a license or a transfer license for the premises on this application been denied by the state within the past one(1)year? [] YES Z NO M yes, attach explanation. 8. Does any spirituous liquor manufacturer,wholesaler, or employee have any interest in your business? []YES X NO S. |s the premises currently licensed with a liquor license? OgYES [] hJ[) |f yes, give license number and licensee's name: License#10113234 (exactly amh appears onlicense) Name Tmriq]'Husay»o '--liECTION 14 Restaurant or hoteUmotel license applicants: 1. Is t an existing restaurant or hotel/motel liquor license at the proposed location? El YES El NO isti I�fyte s,g i hxe name of licensee,Agent or a company name: and license#: Last First Middle 2. If the answer to Question i YES,you may qualify for an Interim Permit to operate whileyour application is pending;consult 3. All restaurant and hotel/motel applican ust complete a Restaurant Operation Plan (Form LIC01 14)provided by�he Department of Liquor Licenses and Control. 4.As stated in A.R.S. §4-205.02.G.2, a restaurant i n establishment which derives at least 40 percent of its grow_revenue from the sale of food. Gross revenue is the revenue *ved from all sales of food and spirituous liquor on the licensed premises. By applying for this 0 hotel/motel EEI rest2ura i ense, I certify that I understand that I must mainto a minimum of 40 percent food sales based on these definitions a ave included the Restaurant Hotel/Motel Re(*rds Required for Audit(fomn LIC 1013)with this application. As stated in A.R.S§4-205.02 (B), I understand it is my responsibility to contact the rtment of Liquor Licensbq and Control to schedule an inspection when all tables and chairs are on site, kitchen equipme nd, if applicable, pr-,')—barriers th ui ig ature ment of pplicabl en and are in place on the licensed premises. With the exception of the patio barriers, these items are t required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the e sion is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.gov and k on the "Information"tab. pplicants in7itials SECTION IS Diagram of Premises: (Blueprints not accepted,diagram must bmon this form) 1. Check ALL boxes that apply to your business: El Entrances/Exits IN Liquor storage areas patio: [] Contiguous [] Service windows §9 Drive-in windows [] Non Contiguous Z Is your licensed premises currently closed due to construction, renovation, or redesign? 0YE8 9NO |f yes,what io your estimated opening date? 3. Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations nf all kitchen equipment and dining furniture. Diagram paper is provided on page 7 4. The diagram (a detailed floor plan)you provide is required todisclose only the area(s)whmreopiritous liquor imtu be sold,served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant(see#3 above), 5. Provide the square footage ur outside dimensions nf the licensed premises. Please du not include non-licensed premises, such aaparking |wha. living quarters, eh:. As stated |nA.R.S. §4-207.01(B), Iunderstand it immy responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors,windows mam/ica vmindwoNs/ori0crease or decrease tothe square footage after submitting this initial drawing. applicants initials SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up T1. 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. Diagram attached SECTION 16 Signature Block ANDREA DAHLMAN LEWKOWITZ hereby declare that I am the OWNER/AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1. 1 have read this application and verify all statements to be true, correct complete. X (signature oi-a-P)MRagnt listed in section 4, e tion 1) AM'f L SC 9f State of Arizona County of MaricOP3 Notary Public- 2017 XWons MaricGpa County The foregoing instrument was acknowledged before me this My Commission ExplIMS 01 Feb ry rua 12, 7] 10 of January 2014 Day Month Year My commission expires on'. 12 02 2017 ft 1�-all jC114-Is" Day Month Year signature o�r Y PUBLIC 7 Q Y Y ul J m --i z 10 rz a 'TA1 * N G �..5� Ts 1 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL y� 800 W Washington 5th Floor � G1 l� Phoenix AZ 85007-2934 &02,542-51 Attention all Local Governing Bodies: Social Securi jan Is Confidential. This information may be given to local law enforcement agencies for the purpose a c `)iecl be blocked to be unreadable prior to pasting or :Eiy {i��► Read carefully. This fnstru t i a's p _ e yype or Tint with BLACK INK. An extensive investigation of you c J u 1Nil Co. clad. False or incomplete answers y-y could result in criminal prosecutio tf t, ie�ti'e ent revocation of a license or permit .ts. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGEOR�i1 ,~ N COMPLETING THIS FORM MUST SUBMIT* "APPLICANT"TYPE FINGERPRINT CARD AVAILABLE AT TH kFl It BI-APPROVED CARDS ARE ACCEPTED FR W ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SE dR LIQUOR. THE DEPARTMENT CHARGES A!t3 FEE. In addition to other fingerprint fees,a$22 DPS background check i be charged for each fingerprint card. Liquor LicenSf The fees allowed by A.R.S.5 44-6852 will be charged for all dishonored checks. 09114000 ,- (If the location Is currently WiPrised) 1.Check ❑Controlling Person [@Agent ❑ Manager(Only) 4 appropriate (Complete Questions 1-19) (Complete All Questions except#14PO4a&21) box —♦ Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must co fete#21 2, Name: Lewkowitz Andrea Dahlman Date of Birth: Last First Middle (NO a Public Record) 3.Social Security Number ll Drivers License It 11110IM11F State: Arizona (NOT a public record) (NOT a public record) 4. Place of Birth: Mankato MN USA Height: 5'8 Weight: 135 Eyes: HZl Hair. Blonde City State Country (not county) 5. Marital Status ❑Single 29 Married❑Divorced❑Widowed 6. Name of Current or Most Recent Spouse: Lewkowitz Harold Jerome N/A Date of Birth:�� (List all for fast 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? Arizona If Arizona,date of residency: 04/1961 8 Telephone number to contact you during business hours for any questions regarding this document. (602)200-7222 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises: Date Tree Premises Phone: (480)983-5570 11.Physical Location of Licensed Premises Address: 2925 W.Superstition Blvd Apache Lu nction Final 85220 Street Address (Do not use PO Box 9) City County Zip 12.List your employment or ty De of business during the past fire 5years.If unemployed part of the time, list those dates. List most recent 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state 8 zip) 04/2009 CURRENT Attorney Lewkowitz Law .Central Avenue. 5 Phoenix,AZ 85004 12/2003 04/2009 Attorney 3101 Lewkowittz�L �Nw. Central Avenue #200 Phoenix AZ 85012 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence address for the last five 5 ears: FROM TO Rem or RESIDENTIAL Street Address Month/Year MonthfYear Own If rented attach additional sheet with name address and phone number of landlord city State Zip 02/1998 CURRENT Own 5745 N.25th Street Phoenix AZ 85016 April 16,2012 Disabled Individuals requiring special accommodations,please call the Department.(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? FIYES [@NO If you answered YES,how many hrs/day? ,and answer#14a belo If NO,skip to#15. 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proo� []YES EINO 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 cited, arrested, indicted or summoned into court for violation of ANY law mordinance, El YES [K NO regardless of the disposition, even if dismissed or expunged,within the pastten(1D)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 ordrug-re|mbod. 16.Are there ANY administrative law citations, compliance actions or consents,criminal arrest, indictments 7y ~ IN NO PENDING oinmtyouorAN9�nbb/ invxh�hyouanon«mwinvo|v�d? Include — ~. summonses traffic tickets and complaints, ;9 17. Have you or any entity in which you have held ownership, been an officer, member, director ormanager []yS E]NO EVER had obusiness, professionalor liguor application or license reiected, denied, revoked, suspended C� orfinedin this or any other state? -4 18. the []YE����N[) ~ � � 19. Are you NOW orhave you EVER held ownership been m controlling person, been anofficer, member, OYEArAN NO director or manage on any other liquor license in this or any other state? -- lf.,py answer to Questions 15 through 19 is"YES"YOU MUS attach a sign_eo Atat ment. Give ddrnplete details including dates, agencies involved, and dispositi6ni. SUBSTANTIVE CHANGES TO THIS APFTICAMN VVILL NOT BE ACCEPTED 20. 1. Andrea DohhnuoLcnknvitz hereby declare that|om the APPLICANT/REPRESENTATIVE (print full name oxApplicant) filing this ire. I have read this questionnaire all statements are true, correct and complete. F X State of Arizona Countycf Maricopa tro ore me this Maury Public-Arizona Year Day Month Year (Sign OTARYPUBLIJ U '_--�COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant her uthorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named mu 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 (Sign of NOTARY PUBLIC) Print Name My commission expires on: Day Month Year 2600 North Central Avenue LEW KOWIT Suite 1775 Z Phoenix,Arizona 85004 LAW '6FFICE, PLC t, 602.200.7222 ,% 602.200.7234 www.1ewkovvJtzlaw.co'n1 Andrea D.Lewkowitz H.J.Lewkowitz January 10,2014 Connie Wagner,Director of Licensing Department of Liquor Licensing&Control 800 West Washington Street,5th Floor Phoenix,Arizona 85007 cxa Re: Alien Status Form and Passport Dear Connie: My completed Alien Status form and a copy of my passport are on file at the Arizona Department of Liquor licenses and Control. If you require more information from me,please call. Thank you! Sinc Andrea D. Lewkowitz ADUals ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 4PO�2'542-51 i REf ll WAS Attention all Local Governing Bodies: Social Securl is Confidential. This information may be given to �local law enforcement agencies for the purpose o kjOrf: ec be blocked to be unreadable prior to posting Read carefully. This instnr t i a sift' a yips or print with BLACK INK. An extensive investigation of you c it w I co tiled. False or incomplete answers ►-" could result In criminal prosecutio _ > x: : a tab ent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGEN COMPLETING THIS FORM MUST SUBMIT;*N CBI-APPROVED CARDS ARE ACCEPTED FRLAW 'APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT TH ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SE 6 LIQUOR, THE DEPARTMENT CHARGES 43 FEE. in addition to other fingerprint fees,a$22 DPS background check be charged for each r" fingerprint card. Liquor LicenscW The fees allowed by A.R.S.§44-6862 will be charged for all dishonored checks. 09114000 (If the location is currently I nsed) 1.Check V Controlling Person Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions exceg #1 4a&21) box —0• Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must c lets#21 2.Name: HUSAYNO TARIQ J. (initial only) Date of Birth: Last First �■�,�Middle (NOT a Public Record) 3.Social Security Numb Drivers License State:AZ (NOT a public record) (NOT a public record) 4. Place of Birth: BAGHDAD IRAQ Height: 5'4" Weight: 160 Eyes: GM Nair:Brn City State County (not county) 5. Marital Status Single ✓ Married Divorced Widowed ■■ 6. Name of Current or Most Recent Spouse: HUSAYNO AHLAM S.(initial only) Date of Birth:"��"'"Now* (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? ARIZQNA If Arizona,date of residency: 1997 8 Telephone number to contact you during business hours for any questions regarding this document. 602.370.6283 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises: DATE TREE Premises Phone: 480.983.5570 11. Physical Location of Licensed Premises Address: 2925 W. SUPERSTITION BLVD., APACHE JUNCTION PINAL 85Z20 Street Address (Do not use PO Box#) City County Zip 12. List youremployment or ty De of business during the past five 5years.If unemployed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 512013 CURRENT OWNER Date Tree Liquor,2925 W.Superstition Blvd.,Apache Junction,AZ 85WO 612008 812011 OWNER Sun Stop,1212 E. Apache Blvd., Ste 1, Tempe, AZ 85281 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence address for the last five 5 ears: FROM TO Rent or RESIDENTIAL Street Address MontWear Month/Year Own If rented,attach additional sheet with name address and phone number of landlord city State ZIP 811997 CURRENT O 10731 E. Sunnyside Drive Scottsdale AZ 85259 April 16 2012 Disabled Individuals requiring special accommodations,please call the Department.(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES of 1 O 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) YES AO 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 cited, arrested. indicted or summoned into court for violation of ANY law or ordinance, 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, criminal arrest, indictments YES ✓ NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal C4 traffic tickets and complaints. 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager V Yf S NO EVER had a business, professional or liquor application or license rejected, denied. revoked, suspended _JR 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 YtS ✓ NO misrepresentation? r9b 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member. I/Yft NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed state Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. 1, TARIQ J. HUSAYNO , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete. ARIZONA MARICOPA X State of County of (Signat ANDREA D.U WK0 M7Z The foregoing instrument was acknowledged before me this County of Mwicopn Notary Public 3rd day of JANUARY 2014 Commission#211209 My Co fission Expires Month "7 Yeat June 7,2M4 My commission expires on: Day Month Year (Signature of NOTARYPUBLIC) COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. State of —County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Signature of NOTARY PUBLIC) Print Name My commission expires on: Day Month Year Supplement to Questionnaire Tariq J. Husayno #17. License number 09070098 received two violations(sales to minor)in 2007;Fines paid. 19. 1 have served as a controlling person for the following liquor licenses: * 2013-current: Date Tree,2925 W. Superstition Blvd.,Apache Junction,AZ (series 10). * 2007-2011: Sun Stop, 1212 E. Apache Blvd., Ste 1, Tempe, AZ (series 9) * 2004-2006: Tempe Beer&Deli,2044 E Southern Ave, Tempe, AZ (series 10) * 1981-1995: Star Market, 1806 W. 13 Mile,Royal Oak, MI (beer&wine license) "'� ;.:Kit : J�'-h� �,+t�.•�.`b•�t,.;��.'L`�f":,^S-.;,_`'LT�•`T.�i+3'�X�"y.t�i'��' :`�":.?�.. .ter��c:•L• Mvft array mfral "^Lf •.,__ `z_ r UrsitaYr%med berein to part wsibo •' .p sn.t&se of nerd,4!OOagive all latvfid aid anal pea t'"• :i ? —: • ' ^•.i.-- `. 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APR 14 2013 AMC M OF ORGANMATIQN FOR FU Mai-d5_14 An Arlmmna Limited Liability Company Pwffuant to A.R.S.29-632 the undersiped rWu mfallaws: ARTICLE I R NAME:Tho unna of this limitad liability campany is Date Tree,LLC r�jw•�r rrp(���1 ARTICLB H 1 KNOWN PLACE OF BUS MESS AND REGIgi7MM OFFICE:The registered offim Of W's Lmmitcd Liability Company is: 2925 W.SWazzlition Blvd, Apadw Junction.AZ 85120 i In the city of Apache Juncdon, County of Mwicopk State of Atizonn,and may transact' ` lb businem and maintain offices fw such purposes at arch odw places dffia within at�- without the Styx of Arizona. t ARTICLE III i - STATUTORY AGENT: `lie name and mailing address of the Reg=%,ed Apnt for'this Limited L.iabulity C4=pmy who agrees and on w1mm service of proms, nod= ova � -1- -,ucl float is required cr pmnd tad by law to be served ao the Lhnitcd Liability w compaw in; Tark Husayno 2925 W.Supemtdian Blvd. i . Apacba AmWoa,AZ 85 120 ARnCLE IY BUSINESS PURPOSF--This Limited Liebilk Company intends to in any lawfd business, subject to z'proviaians of law gmaning or regnlatic,g such business within this State. http://images.azcc.gov/scripts/cgi/dwispart2.pl?COMMAND=4&SESSI ONID=MYhSyRIF... 1/3/2014 1 Page 2 of 5 ARTICLE V NL1.MaER AND f.LASM OF 103M MS: Vie Liinhad Liability Company is being famed. with ONE member as pr+avitled under Arizona Law. If howww, thwe he mare mambas, their isrter 4 psrtiapntion end voting righia may be allocated bet%vcn dearest cremes of members es may be mthmiaed umler rcguisdom ti*adopted in an Operating Agmement AllstTIcl.E VI MANAGEMENT STRUCTURE: They martdgemew of this Limited LMility Company dwH be ieeervod to the member or mambm,whichavver the case many be,and who dWI adopt an OpmutixB Agreemew contai ing all of the provisions deeumd appropdate wA conatent with laves thist Bove=the cottRl d of its bull ms affair9e,its stutborides. and powers, and the and xcitc% dtttits, rights and powers of its members, managers, offteem employees or agents. T= membm(s) may, by lawful consent, appolot one or mom uw mbar to manage the busiutestt atTairs and property of tltc+oc mmu and whose authorities, dudes, right and povan shall be sutharieed pursuant to a duly sdapW Operating Agreement ti F-z The name(&)and Wmn(as)of au pcnoa(s)who 960 be 6c tewGd nwmbe*)of this Lunt id Liebi6i4 s" Go qmw st the time of 4b fgnne2i®is(sue); Tariq Husq= 2925 W.Supenddon Blvd. � !padre]unction,AZ 95120 r- n ARTICLE VII w TERM AND DURATION; The dorm sM duration of this Limited amity Company shalt bey perpetual.imlcss soo=dissolvtd nt manna sudxviaad by State Laws; ARTICLE VM CAPITALIZATION: This Limited Liability Company shall be initially capitalized with Capital omtribu dom made by its member(s) who may 000ttribum, or promim to conuiWtc cash,property or services. The value of the capital contributions of property or services is the fanr market vslne of so& property or =vk= citkr at the time the property is brwfally traost aced or the x viocs are rmu6rad to this Limited Liability Company. ARTICLE IX LIMITATION OF UA.HILrFY; The members, mangpxv. employees, officers at agents of this Limited Lad ilityy C onva y are rat liable, solely by ream of being a member, http://images.azcc.gov/scripts/cgi/dwispart2.pl?COMMAND=4&SESSIONID=MYhSyRIF... 1/3/2014 1 Page 3 of 5 managers,empiayce,officer or qxd of this Limited Liability Campany whedw umdit in cobstrad or tort!under aimigment decree or order of court or otherwise. ARTICLE X LAWFUL AGENTS: (a) If management of this Limited Liability Compaq is varied with the members, as may be provided ha via urger Article VI, ewb such member is a lawful agars of this Limited Liability Cooapsmy for the ptwp w of cenying an its busimas in the usual w W,unless any such member bias,in Sm no a ushority to act£out this Limited Liability Compaq w pro►i W eltber wdw FanWv*(b)of this Article or t& Operating Agreement;of wnvisos,the acts of'each member,incMing the ewcudion in the name of this Lamited Liability Company of my documcm,, irate or busincna palms for carrying on is the usual way, the busincu of this Limited Liability Company, lcplly binda this Limited Liability Company it all busing traonsavdans. (b)If management of d9s,Limited Liability CompuW is gored.in ow cc nx=mwnpre. as may be provided herein under ArticJe VI. a member is not as agent of thi: United LireUft Cam Wy for the purpose of e rlb►8 on its business in the usual wady, as each manager is the lawful agent of this Limited Liability Company and wbose acts, including the menu in the name of this Limited Lubility Com pay of any doru meet,,,- inattumenot or business pup s fat cm yiug on in dx usual way, the business of diia-r- L.in ited Liability CompaW, logallp bawds this Limited Liability Company in all business Unnsactiona. ARTICIR 301 ASSIONI1 ,LEIU OF Aylli3 OM INIMREST: (a) The int=wt of any naambor may be assigned in whole or in part to a third party or parties, provided, howvem, such assignme d floes not dissoh* this Limited Liability Company; nor does it entitle the � assignee to parttcipade in the mwmguwnt of the buainm and oAiis of this Limited Lo Liability Company, unless assignee is duly admitted as a m=*w upon the written unanimous conunt of all wanbcM (b)If an interest in this Limited Whility Compony is wj*ired directly f m this Limited Liability Company up=the unamintoua coos=of all mcmbco,dm luck an Wdi Tonal member is etditied to all of the rights,privileges,in r ies mud restrictions wca mled all in nab=gunman to there Articles of O3r9tetizat"= and/or the duly adopW Operating Agmmuent (c) When a member assigns all or part of his or bw intamd in this United Lie>fxlky Compmy to a tltad Party or parties, such mmabor is not released fiom his or her liability to thiv Limited Liability fi nny,unless, or unfit the written unartittr m o nsent of all members is given,whether or not assignee has been accepW as a lawfW mamma of this Limited Liabithy C'iomparty. 3 http://images.azec.gov/scripts/egi/di&ispart2.pl?COMMAND=4&SESSIONID=MYhSyRIF... 1/3/2014 4 Page 4 of 5 ARTICLE X11 DMEMWICATION:This lludwd Lability Cwnpeay shrill indemnify evay nmaarr- employm nfficcr, spat or my odw Pero= perfa>araing the uaual business of this Lirvited Liabift Coaeq*V, or his or her heirs. exocutttrs and adminW atots, against expenses, reasonably inewnd by him or bar in connectioon with any adloit, suit ter proceeding holding such pmwn tm be liable ft nWipme or omtwonduct. In the event of v edtivmc d> ' I- m ificatiami shalt be Vmvided o* im vomuut m with such maob= omred by ft scllteoxu a: to which thus iairnfod Liability Comp my is advised by mmscl that tiro pert m to be indanniHad did not commit such Mach of duty; bovww,th b right ofimdowifle mfim aMH rwt be mvluaive of other rights to which he or do may be entitled. And ss used is On Article, expen as slush inch do arum is of judgments,penalties or fines rexWerao A or levied*Safest mch manager or m=bm and the amounts paid is scttictacnt dhavof,pravidai,however, such paymmts shall have been approved by all tire:members of ibis Liiahai Liability Company. ARTICLE XIII AG"TTON BY CONSENT:Any actiau taken by the members or managers,whi hnw isc... vcsW with the managgriient of the business .and aftra of this Limited Liab`� Company, which sipdamutly aflma edbu &e capital or liability of this Lwated Liability company shall be fuat duly wAdmiaod by the writtm unudiimou cony d of all w. ofthe msusgers or member.w'hicher=appHcsblr- W AR M OPBRATNG AGR88A+I Wr-. If tbere be two or more numbers, the members shall bye? unenimom onow rt,adopt an tlpKating Agarmi=t at their OrgunzadotW MccUM that will c bma the mamgea md, regulations and government of the business affairs and pmpaty of this Lmdtcd Liability Company.Said Opemtierg Agreer wit racy be amended frc m time to time by a naje ty vote of the ma nbm or managers,whichvm is veered with the management of this Linufad Liability C..+cy Wwy AR17CLS XV XEC€ RD DATE:The mwt+d date of this I;bzW Lisbilitty Courpmy for dre purposa of whidimg up its year and tizinaas affairs,which may iorkde the apgoinummo.resigt:*n. wi1bdnwa1 or agdr Ilion of tbs tone of any zMointod mensger, or the assignment and truawfa of smy mFmbWx interest and votaig rights or any other opetaftmal mom,shall be Decrosuber 31,of each year. 4 http://images.azcc.gov/scripts/cgi/dwisgart2.pl?COMMAND-4&SESSIONID=MYhSyRIF... 1/3/2014 Page 5 of 5 IN WITNEm NFamwir,i bwe mat mar hmd tbb ty of Ap%2013 SW ed: TARIQ HUSAYNO ACCEPTANCE OF APPOINAENT BY STATUTORY AGENT I.TARIQ HUSAYNO,havhw beet des pAud to fret as S'bwocy Agent bmby a to ad in that ctrwdtp until removed at resigma on is subomitted in aecm moe wkh the Arizona Rcvie & t uM TARIQHUSAYNO li w JL.. V V• n LO 1 http:Himages.azcc.gov/scripts/cgi/dwispart2.pl?COMMAND=4&SESSIONID=MYhSyRIF... 1/3/2014 1 NOTICE The attached application for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License submitted for Date Tree located at 2925 W. Superstition Blvd., Apache Junction, Arizona, was posted on the 14th day of January, 2014, at 3:00 p.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the city clerk at city hall within twenty (20) days after the date of posting. Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, February 4, 2014, at the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, AZ at 7:00 p.m., at which time any objections filed will be heard. Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. January 14, 2014 Andrea Dahlman Lewkowitz Date Tree 2600 N. Central Avenue, #1775 Phoenix, AZ 85004 Dear Ms. Lewkowitz: Please be advised that the application for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License submitted for Date Tree, located at 2925 W. Superstition Blvd., Apache Junction, Arizona, was posted on January 14, 2014, in accordance with state law. The Apache Junction City Council will hold a public hearing on February 4, 2014, 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 Tuesday, January 21, 2014, 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 JAN UARY 14, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY BUILDING DIVISIOIN 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 Ms. Andrea Dahlman Lewkowitz has submitted an application for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 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 Tuesday, January 21, 2014, in order for this item to be on the agenda for the City Council meeting of February 4, 2014. Janet Mason From: Suzanne Heni Sew Wed PIVI To: Kathy Connelly; Janet Mason Subject: FVV from KN DS From: Dennis Dixon Sent:Wednesday,January 22, 2O143:39PM To:Suzanne Heninger Subject: RE: Message from KMB[`[65%DS No objections. From: Suzanne Meninmer Sent: Tuesday,January 14, 2O142:29PM To: Rudy Esquiv|as; Dennis Dixon; Jeff Robinson; 1ohn,sunkza@ 'fine.00Q' Subjent: FVV: Message from KMBT`[652DS Attached is an application submitted by Ms. Andrea Dahlman Lewkowitz for a Person Transfer, Location Transfer, Limited Liability[o, Series 9 Liquor License for Date Tree located at 292SVV. Superstition Q|vd,Apache Junction, 85120. Please conduct the necessary inspections and submit your recommendation by Tuesday,January 21, 2014, in order for this item to be on the agenda for the City Council meeting of February 4, 2014 1 District AQpre y�CC VV Arizona dtP • Apache Junction Fire District o°t"m1eRj� ppOUDLY SERVING 565 North Idaho Road, Apache Junction, AZ 85219 Phone (480) 982-4440, Fax(480) 982-0183 .,. �`)ternatipP� 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 �c DATE: January 22, 2014 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 Janet Mason From: Heninger Sent: Wednesday, January 22. 20142:12PK8 To: Kathy Connelly Cc: Janet Mason S FVV from Attachments: IMG-5688.JPG From: Rudy Esqukvias Sent:Wednesday,January 23, 2O141:25 PM To:Suzanne Heninger Cc: Martha Flores; Dennis Dixon; Brad Steinke Subject: RE: Message from KK4BT C652DS Suzanne: The property at 2925 W.Superstition Boulevard is zoned CB-2(General Business), which allows convenience stores and liquor sales outright. Those types of businesses have operated on the property for many years. The Planning Division does not object to the transfer of liquor license request, However, the Planning and Code Compliance Divisions also take this opportunity to inform the Council that there is a Code Compliance case against the property, There isanunpermnitted and illegal sign on the property that takes upthe entire east wall of the building(see photo attached). Thus far,the owner has refused tV remove the sign, Records show that back in November 2012, the business proprietor(Quyen My Truong)called and said he was going to file an appeal of the code violation. To this date, no such appeal has been filed. OU4 ����?==== Senior Planner/zoning Administrator City of Apache Junction 300 E. Superstition Blvd' Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER ANT) ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7-00am to 6'00pm, closed Fridays and Holidays.) From: Suzanne Heninger Sent: Tuesday, January 14, 2D143:2gPM To: Rudy Eo7u|vkas; Dennis Dixon; Jeff Robinson; 'john.suni0a@ 'fine'orQ' Subject: FW: Message from KMGT_C652DS Attached is an application submitted by Ms.Andrea Dahlman Lewkowitz for a Person Transfer, Location Transfer, Limited Liability Co., Series 9 Liquor License for Date Tree located at 2925 W.Superstition Blvd.,Apache Junction, 85120. Please conduct the necessary inspections and submit your recommendation by Tuesday,January 21,2014, in order for this item to be on the agenda for the City Council meeting of February 4, 2014 1 z � Rv � �nM � i ^n 7 WW1 4. 1 6IP Y �Jjjj� r x V ? b} 3f � u k } ti ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 11. �Piz oN* File ID: 14-40 Sponsor: Agenda Date: 2/4/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, February 17, 2014 is canceled due to the observation of Presidents' Day. City of Apache Junction,Arizona Pagel Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 12. �Piz oN* File ID: 14-41 Sponsor: Agenda Date: 2/4/2014 Index: In Control: City Council Meeting Executive session at 5:45 p.m. and work session at 7:00 p.m. will be held on Tuesday, February 17, 2014, Other meetings if necessary. City of Apache Junction,Arizona Pagel Printed on 611512026