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2014 12.02 City Council Regular Agenda
re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall ` •' Agenda 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZON� 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Tuesday, December 2,2014 7:00 PM City Council Chambers This document may not reflect the most current legislation adopted by the City of Apache Junction and is for convenience and informational use only. For further information on the official version of council meeting minutes please contact the Apache Junction City Clerk's office at (480) 982-8002. 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. 14-569 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-570 Approval of minutes of regular meeting of November 18, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 111814 November 18, 2014 minutes 3. 14-534 Consideration of legal advertising agreement with the Arizona Republic for the one year period commending January 1, 2015 through December 31, 2015. Consideration and action. Sponsors: Kathy Connelly Attachments: 2015 az republic agreement 2015 AZ republic agreement attachments 2015 az republic agreement ARS sections City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda December 2,2014 4. 14-575 Consideration of Fiscal Year 2014-15 health and human services funding agreements. At the regular meeting of November 18, 2014, council unanimously voted to accept the recommendations of the health and human services commission. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 food bank revised 2014 boys and girls club revised 2014 caafa revised 2014 senior center revised 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. 5. 14-428 City manager's report. Presentation. Sponsors: Bryant Powell 6. 14-568 Presentation by and discussion with Larry Johnson, Executive Director of the Apache Junction Chamber of Commerce, on the 2014 Festival of the Superstitions. Presentation and discussion. Sponsors: Bryant Powell 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 December 2,2014 7. 14-577 Application for acquisition of control for the liquor license for Food City#115 located at 1477 W. Apache Trail. The next step in the procedure is for the city council to hold a public hearing and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 Food CitV cc 2014 food city application 2014 Food CitV.not 2014 Food CitV.let 2014 Food CitV.DEP 2014 Food CitV.building recommendation 2014 Food City.fire recommendation 2014 Food City planning rec. 2014 food City pd. 8. 14-573 Presentation, discussion and action on proposed Ordinance No. 1410, case PZ-5-14, a request by Hector and Yvonne Martinez, and Robert and Jeanette Power, represented by Hector Martinez, for approval of a rezoning for their 0.68-acre property located at 1407 S. Meridian Drive, from Medium/High Density Single-family Detached Residential, Conventional or Manufactured Home (RS-7M), to General Commercial District by Planned Development (B-1/PD). Presentation, discussion and action. Sponsors: Rudy Esquivias Attachments: PZ-5-14 Council Cover Memo Proposed Ord. No. 1410 PZ-5-14 PZ PH rep w attach Ordinance No. 1410 9. 14-538 Presentation, discussion and action on proposed Land Exchange Agreement for Project No. ED-14-01, an exchange of city-owned land (former Library/WUCFD Building at 112 E. 2nd Ave.) in downtown Apache Junction for private land (two dilapidated apartment complexes located at 180 N. & 184 N. Apache Trail) also located in downtown Apache Junction. Presentation, discussion and action. Sponsors: Janine Solley Attachments: Staff Memo Land Exchange Bid Land Exchange Bid Submittal City of Apache Junction,Arizona Page 3 Printed on 6/15/2026 City Council Meeting Agenda December 2,2014 10. 14-560 Presentation, discussion and action on proposed Ordinance No. 1406, implementing an additional .2% sales tax dedicated to fund roadway maintenance and repairs to sunset in 10 years. Presentation, discussion and action. Sponsors: Bryant Powell Attachments: ORDINANCE NO 1406 Sales Tax Increase October 2014 Ordinance No. 1406 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. 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. 14-440 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, December 15, 2014. Sponsors: Bryant Powell 12. 14-441 Executive Session at 5:45 P.M. for Tuesday, December 16, 2014. Other meetings if necessary. Sponsors: Bryant Powell 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. City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda December 2,2014 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. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. City of Apache Junction,Arizona Page 5 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 14-569 Sponsor: Kathy Connelly Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 14-570 Sponsor: Kathy Connelly Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of November 18, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING NOVEMBER 18, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 18, 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 Serdy led the Pledge of Allegiance . ROLL CALL Councilmembers Present: Mayor Insalaco Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson (Vice Mayor Barker was absent. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Larry Kirch Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 1 OF 17 Others Present: Senior Planner Rudy Esquivias Program Coordinator Heather Patel Animal Control Officer Tim Shetlar ACCEPTANCE OF CONSENT AGENDA ) ) Councilmember Rizzi MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT MAGISTRATE JUDGE JAMES HAZEL BE AUTHORIZED TO SERVE AS A JUVENILE COURT HEARING OFFICER FOR PINAL COUNTY. Councilmember Wilson SECONDED THE MOTION. VOTE : Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco and Public Safety Director Tom Kelly presented Animal Control Officer Tim Shetlar with his 25 Year Service Award. Tomorrow will be his official last day with the city. The police department also presented him his badge and name plate . Mr. Alfredo Dreyfus, Vice President of Board Development for the Boys and Girls Club of the East Valley presented Mayor Insalaco with a Certificate of Emeritus as an emeritus board member. He was joined by Ramon Elias, Chief Executive Officer and President for the Boys and Girls Club of the East Valley and Tim Sicocan, Branch Executive for the Apache Junction club. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he attended the Health and Wellness Expo last weekend and they had a heavy turnout of visitors and vendors . He commended parks and recreation for all the work they did for an event of this size . Councilmember Evans thanked all the residents that sent letters concerning the Cooper Treatment Plant. It was the largest outpouring since she has been on the council, approximately 25 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 2 OF 17 letters . It was well received and Mr. Cooper has withdrawn his application to build the plant. It is not they do not want businesses and industry in the area; it is they want the correct type of businesses and industry in the area. He agreed and heard what everyone had to say. Councilmember Evans announced they will be having pet pictures with Santa Claus at Paws and Claws this Saturday. They are free but will take donations . She added the dog of the week is a deer Chihuahua. Councilmember Wilson announced the Little Buckaroos Rodeo is this weekend at Prospector Park. Mayor Insalaco announced he, Bryant Powell and Janine Solley attended the Winter Visitors' Association breakfast at Barleen' s . It was a packed house . There is no place in the state that can put on a show like they do. He is glad they are here in Apache Junction. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell thanked Tim Shetlar for his 25 years of dedicated service to animal control . PUBLIC HEARINGS PROPOSED RESOLUTION NO. 14-39, AUTHORIZING THE SUBMISSION OF FISCAL YEAR 2015 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2015 STATE SPECIAL PROJECT GRANT APPLICATIONS ) ) Program Coordinator Heather Patel briefed the council on the item. 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. Program Coordinator Heather Patel stated the leadership team discussed all the projects and REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 3 OF 17 made some recommendations . They did not specify which funding source they preferred. They liked the sidewalks in the Grand- Ocotillo-Main neighborhood as well as the sidewalks and lighting in the Smythe Homie neighborhood. The council may choose which one they want. They have some alternatives based upon projects that would be good fits for the funding sources . The resolution will identify which projects they wish to select. Councilmember Waldron asked if they have to identify those by the funding source . Program Coordinator Heather Patel stated they do. Councilmember Waldron asked if the Smythe Homie neighborhood would be the State Special Projects or the Community Development Block Grant. Program Coordinator Heather Patel stated it would be their choice . Councilmember Waldron commented the amount of money involved in both would fund that. Program Coordinator Heather Patel stated it would not. Both of those projects would be one million dollars or more . They would certainly use the money to go towards what they can get done . It would again have to be some sort of phased project. If they choose the Smythe Homie neighborhood for the State Special funding, the $300, 000, then in the engineering process they would decide what the best use would be such as putting sidewalks on one particular road this time . The next phase could be another road. It would be the same thing with Grand-Ocotillo-Main. The engineering process would outline the best process or best way to get everything done with the funding available . They can say they would like the Smythe Homie project to be on both funding sources . Or the Grand-Ocotillo-Main on both. The application process and the deadlines for those are at different times . Within the engineering process they would make sure they would take into consideration both funding sources . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 4 OF 17 Councilmember Evans asked because the Smythe Homie is both lighting and sidewalks if they could have the option to do just the lighting first. She dislikes it when they have the sidewalks and then they do not. If they do not have enough to do the entire sidewalks, she asked if they have enough to do the lighting for safety first, rather than take $300, 000 and make improvements on this street or that street. Program Coordinator Heather Patel stated they can definitely choose just lighting. Councilmember Evans commented even on the Pueblo Del Sol where they had the drainage issues and the sidewalks, they would have to address the drainage issues first before they can do the sidewalks . She asked if they could say just that. If they have lighting, that is security for the whole neighborhood. Otherwise, they only get the sidewalks and lighting for one street. Program Coordinator Heather Patel stated with regards to Pueblo Del Sol, they are currently in phase one, which is resolving the drainage issue . They also have some money to do sidewalks . That is being done . Phase two, which was approved by the council, is waiting on some information on the engineer as to how the money will be allocated before they can send in the application. Most likely it will be new paving and sidewalk. Councilmember Rizzi asked if they have a better chance of getting one or the other, or can they go for both of them and do they have a chance of getting both of them. Program Coordinator Heather Patel stated both projects are of high priority to the state . But she can say that because of the Strong, Sustainable Community Initiative is an initiative, and there was extra public participation involvement with those specifically, that may weigh a little bit better under the State Special Projects program rather than the Community Development Block Grant program. It is something they would look at and say they are being more targeted and focused. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 5 OF 17 Councilmember Waldron asked if it would jeopardize the second submittal for one project by it being under the other program if they were to pick one project since there are separate deadlines for submittals . Program Coordinator Heather Patel stated it would not jeopardize it. They would have to be clear they are two separate projects and at the end of the Community Development Block Grant one they would have a complete project and at the end of the State Special Projects they would have s complete project. Together they make a bigger, better project. It will not jeopardize anything; they just need to acknowledge they may not get the State Special Project funding. Councilmember Waldron commented he would like to see them go with a recommendation for the Community Development Block Grant money on the Grand- Ocotillo and the State Special Project for the Smythe Homie . Councilmember Rizzi asked if they were going to ask specifically for lighting. Councilmember Waldron asked if they would ask for that in the motion or would they work with internally with staff. Program Coordinator Heather Patel stated it would be nice if they could get it in the motion. Councilmember Serdy commented he is curious for in the future about the sewer hook-ups for businesses . They have a lot of businesses that are not hooked up on the sewer. He asked how that is holding them back and what areas she is talking about, maybe not for this year but for years down the road. Program Coordinator Heather Patel stated the businesses would have to be within one of the two redevelopment areas . The lack of being on the system has to be some sort of violation or the state saying they are violating something by not being on the system. It cannot technically just be because they want to now be on the system. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 6 OF 17 Councilmember Serdy asked if she knew for a fact if there are businesses like this . Program Coordinator Heather Patel stated she does not. Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FY 2015 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") FOR THE GRAND- OCOTILLO NEIGHBORHOOD; AND FY 2015 STATE SPECIAL PROJECT ("SSP") FUNDS FOR THE SMYTHE HOMIE NEIGHBORHOOD FOR LIGHTING, AND CERTIFYING THAT THE APPLICATIONS (1) MEET THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATIONS, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. City Clerk Kathleen Connelly asked if they had included everything they needed about the lighting. Councilmember Waldron commented they did. VOTE : Unanimous . The motion carried. PROPOSED RESOLUTION NO. 14-41, CASE SD-1-14, REQUEST BY HUDD HASSELL ON BEHALF OF IRONWOOD HEIGHTS LLC AND BELA FLOR COMMUNITIES INC. FOR APPROVAL OF A PRELIMINARY PLAT FOR THE PROPOSED BELLA CORONA SUBDIVISION ) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 7 OF 17 ) Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Rizzi asked if the developer was in agreement with lot 1 . Senior Planner Rudy Esquivias stated he sent him an email stating these were the council' s concerns and please be prepared to address them but he has not responded. He does not think he has a problem with it but he will let him answer that question. Mayor Insalaco requested the applicant address the council . Mr. Edmir Dzudza, architect representing the developer in the case, addressed the council . Mayor Insalaco asked if he had any problem with the requests . Mr. Edmir Dzudza asked to be allowed to check the paperwork on the lot. Senior Planner Rudy Esquivias provided the information and plat maps for him. Mr. Edmir Dzudza stated the lot in the corner is marked as being a model type A. They do not have a one story model designed for that particular lot. If it is their request, they can accomplish it. They can make an extra effort and provide design forms for a one story model . This lot is unique . There were homes in the area and those homes were destroyed. The neighbors from the west were the only ones with comments and they put in all the amenities on this side . Mayor Insalaco stated he does not have a problem with it but is wondering if the homes over there do. Councilmember Rizzi commented she remembered the homeowners on the other side did not want a 50' home where they could look down. They wanted to be sure they would have their privacy. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 8 OF 17 Mr. Edmir Dzudza stated if they look at the larger view they will see there is nothing in this particular corner. They are all one story homes across the portion nearby as the neighbors did not want to see two story homes . Mayor Insalaco asked where the complaint came from. Senior Planner Rudy Esquivias spoke from the audience and was unreadable . Councilmember Evans commented the other homes are north/south as well . It is not that their view from the back or the front would be obstructed. The subject home would also be a north/south. Mayor Insalaco stated he liked the idea of bigger lots . Councilmember Evans commented Mr. Hassell has done some nice things and explained he has basically been a horizontal builder. She asked if there is a vertical builder yet and when do they anticipate starting. Mr. Edmir DzuDza stated they will be the vertical builder as well on this project. Councilmember Evans asked if he would be doing the vertical or just the horizontal . Mr. Edmir Dzudza stated he will be doing both. Councilmember Evans asked when he anticipates starting. Mr. Edmir Dzudza stated that would be January 1 . Councilmember Waldron asked if they will be four-sided architecture . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 9 OF 17 Mayor Insalaco asked if they would be building something that does not look like a barn. They beautify the front and the rest looks like something else . There was discussion away from the microphones that was inaudible . Councilmember Evans commented she can see from the plans that there are windows on all four sides . They are not just a flat surface . Councilmember Waldron commented the concern was that although there were windows there were no pop-outs . Mayor Insalaco commented it was just a window and looked like a barn. He complained years ago if there were going to be any pop-outs or any architectural design or features on the windows or is it just a window. Mr. Edmir Dzudza stated as far as architectural features they can add sills . Mayor Insalaco commented just as long as they add something. Mr. Edmir Dzudza stated they could try fake shutters and things like that. Councilmember Waldron commented that is what they will call four-sided architecture . Assistant City Manager Bryant Powell stated a start date of January 1 would be wonderful . The mayor and council have expressed a desire and policy of reducing the development fees in half. They have had two developers come in and say they were going to start and they have not seen Stagecoach or Bel Agave . Mayor Insalaco commented this has been months . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 10 OF 17 Assistant City Manager Bryant Powell stated he is delighted to hear a January 1 start date and that Hudd is the builder. He asked if they would have to put this on the consent agenda for the final plat to get this going. Senior Planner Rudy Esquivias stated that is correct. This is the preliminary plat. The final plat and improvement plans have not been processed. We will not see construction on January 1 but they hopefully will see a final plat submittal on or about January 1 . Mr. Edmir Dzudza stated the design team is working at full speed so this is our target date . Assistant City Manager Bryant Powell asked if there is a requirement for the final plat to be at a public hearing. City Attorney Joel Stern stated it does . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION No. 14-41, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "BELLA CORONA" SUBDIVISION, IN CASE SD-1-14, BY IRONWOOD HEIGHTS LLC, REPRESENTED BY HUDD HASSELL, BE APPROVED WITH A CONDITION OF APPROVAL NUMBER EIGHT, THAT THE HOMES HAVE FOUR-SIDED ARCHITECTURE . Councilmember Evans SECONDED THE MOTION. VOTE : Unanimous . The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 11 OF 17 PROPOSED RESOLUTION NO. 14-42, REQUESTING THE PINAL COUNTY PLANNING AND ZONING COMMISSION RECOMMEND DENIAL TO THE PINAL COUNTY BOARD OF SUPERVISORS OF IUP-002-14 RELATING TO JRC' S PROPOSED SLUDGE TREATMENT FACILITY ) ) Mayor Insalaco announced Cooper has pulled his permit and does not want to do this . This is great. He called for any council discussion. Councilmember Waldron commented Cooper' s has withdrawn based on an agreement they have reached with the sewer district. Their board of directors will meet on Friday and hopefully ratify that agreement. He wanted to thank everybody for the number of letters that came in, like Councilmember Evans mentioned. State Representative Doug Coleman also received a lot of letters in opposition to this project. That helped move this thing along. County Supervisor House came to the council meeting thinking this was an acceptable use for this part of Apache Junction. Even though this property is in the county, it is within the incorporated area of Apache Junction. He implored the county to review the uses in the area and rezone as needed so that this type of use or other obnoxious uses are not allowed. He read from the proposed resolution that "any obnoxious use", not just this one, but with this particular proposed project, and he would say any obnoxious use "is not in harmony with or consistent with the Pinal County Comprehensive General Plan, not the City of Apache Junction' s General Land Use Plan, and any use that is incompatible with that or presents an obnoxious use for neighbors" . He would hope the county would take a look at that prior to going to any hearings . Under the county process, once an industrial use permit is issued, that becomes zoning for the property forever. Actually, some would have to go back to get an industrial use permit to do that. It, in effect, changes the zoning. Hopefully the county will take notice of this . He understands Mr. Cooper' s concern but he thinks the sewer district has addressed that. The board will meet on Friday and hopefully ratify that agreement. Councilmember Wilson asked if it would be advantageous to at least write a letter of concern REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 12 OF 17 on this . He agrees with the idea as it is surrounded by our general plan area. Mayor Insalaco asked the city attorney for his thoughts . City Attorney Joel Stern stated they may direct staff to take such action as they deem appropriate . Mayor Insalaco commented he believes Councilmember Wilson just did that. Councilmember Waldron agreed they should. City Attorney Joel Stern stated if they are going to direct staff they may want to vote on it. Mayor Insalaco called for a motion. Councilmember Wilson asked if it would be the resolution. Mayor Insalaco commented it would not . City Attorney Joel Stern stated he heard bits and pieces from the resolution. He thinks he knows what he is looking for. They are looking at an objection to any type of use in the future of that sort. Councilmember Wilson MOVED THAT RESOLUTION NO. 14-42, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING THE PINAL COUNTY PLANNING AND ZONING COMMISSION BE ADVISED OF OUR CONCERNS FOR THE FUTURE USE OF THIS AREA, AND WE SEND THEM A LETTER STATING SO. Councilmember Waldron SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 13 OF 17 VOTE : 5-1 (Councilmember Rizzi voted in opposition. ) During the vote the following dialogue took place : Councilmember Rizzi commented she is tied on this because she believes competition is good and she believes if they had come up with an appropriate plan and done it in the manner that the sewer district is already doing it, it might not have been a bad thing. There might have been some issues on how they were doing the treatment and there might have been some odor issues, but if they were able to come up with a plan and not have that problem she is not so sure that competition would have been a bad thing. For that reason she will say no. Councilmember Serdy commented they now bring something in there that could be offensive to residents and what we are trying to do. This would have no real teeth, we are just asking them to look at this harder. Assistant City Manager Bryant Powell stated it will not have teeth but be a letter only. City Attorney Joel Stern stated from the motion he heard, it would be a letter to the board of supervisors, they will figure out who should sign it, and it would concern the heavy industrial use in that area. Councilmember Wilson commented and any obnoxious types . Councilmember Serdy commented he has no problem with heavy industrial use, just nice heavy industrial use that does not smell bad. He voted yes . The motion carried. NEW BUSINESS None . DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 14 OF 17 FISCAL YEAR 14-15 HUMAN SERVICES FUNDING RECOMMENDATIONS ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for any discussion. There being no discussion, he called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE FISCAL YEAR 14-15 HUMAN SERVICES FUNDING RECOMMENDATIONS : THAT WE GO WITH THE RECOMMENDATIONS OUTLINED IN THE MEMO OF NOVEMBER 3, 2014 . Councilmember Evans SECONDED THE MOTION. VOTE : Unanimous . The motion carried. REQUEST FROM EAST VALLEY ADULT RESOURCES TO REDIRECT REMAINING FUNDS FROM FISCAL YEAR 2014-15 RIDE CHOICE PROGRAM TO THE SENIOR VAN TRANSPORTATION PROGRAM AND TO DO THE SAME FOR FUTURE BUDGET YEARS) ) City Clerk Kathleen Connelly briefed the council on the item. Councilmember Waldron commented he understands the problem East Valley Adult Resources has run into and the need for the money. He expressed concern last night that the people who are involved in the Ride Choice program now be talked to so they do not lose transportation they need. The other thing he would like to do is take out of the motion, at the end of it, where is says do the same for future budget years . He would like to look at it on an annual basis and see if there are grant opportunities that come in where they can restore the funding to where it belongs . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 15 OF 17 Mayor Insalaco called for any further discussion. There being no discussion, he called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE REQUEST FROM EAST VALLEY ADULT RESOURCES TO REDIRECT REMAINING FUNDS FROM FISCAL YEAR 2014-15 RIDE CHOICE PROGRAM TO THE SENIOR VAN TRANSPORTATION PROGRAM AND THAT STAFF REWORK THE CONTRACT WITH EAST VALLEY ADULT RESOURCES, KEEPING IN MIND THE RIGHTS TO CURRENT RIDE CHOICE PARTICIPANTS, THAT THEY ARE HANDLED AND TAKEN CARE OF. Councilmember Wilson SECONDED THE MOTION. VOTE : Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, DECEMBER 1, 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, DECEMBER 2, 2014, IN THE CITY COUNCIL CHAMBERS . Councilmember Evans SECONDED THE MOTION. VOTE : Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Tim Sicocan, representing the Boys and Girls club, thanked them for their support, raising $1, 382 from the Bellamy Brothers concert, and invited everyone to their Thanksgiving Day Meal . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 16 OF 17 ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 55 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of November 4, 2014 . 3 . Consideration and action on Juvenile Court Hearing Officer appointment. ACCEPTED THIS 2ND DAY OF DECEMBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF DECEMBER, 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 18th day of November, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 24th day of November, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 17 OF 17 CITY COUNCIL REGULAR MEETING NOVEMBER 18, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on November 18, 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 Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson (Vice Mayor Barker was absent. ) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Larry Kirch Assistant to the City Manager Matt Busby REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18 , 2014 PAGE 1 OF 17 Others Present : Senior Planner Rudy Esquivias Program Coordinator Heather Patel Animal Control Officer Tim Shetlar ACCEPTANCE OF CONSENT AGENDA ) ) Councilmember Rizzi MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT MAGISTRATE JUDGE JAMES HAZEL BE AUTHORIZED TO SERVE AS A JUVENILE COURT HEARING OFFICER FOR PINAL COUNTY. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion_ carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco and Public Safety Director Tom Kelly presented Animal Control Officer Tim Shetlar with his 25 Year Service Award. Tomorrow will be his official last day with the city. The police department also presented him his badge and name plate. Mr. Alfredo Dreyfus, Vice President of Board Development for the Boys and Girls Club of the East Valley presented Mayor Insalaco with a Certificate of Emeritus as an emeritus board member. He was joined by Ramon Elias, Chief Executive Officer and President for the Boys and Girls Club of the East Valley and Tim Sicocan, Branch Executive for the Apache Junction club. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he attended the Health and Wellness Expo last weekend and they had a heavy turnout of visitors and vendors . He commended parks and recreation for all the work they did for an event of this size. Councilmember Evans thanked all the residents that sent letters concerning the Cooper Treatment Plant . It was the largest outpouring since she has been on the council, approximately 25 REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 2 OF 17 letters . It was well received and Mr. Cooper has withdrawn his application to build the plant . It is not they do not want businesses and industry in the area; it is they want the correct type of businesses and industry in the area. He agreed and heard what everyone had to say. Councilmember Evans announced they will be having pet pictures with Santa Claus at Paws and Claws this Saturday. They are free but will take donations . She added the dog of the week is a deer Chihuahua . Councilmember Wilson announced the Little Buckaroos Rodeo is this weekend at Prospector Park. Mayor Insalaco announced he, Bryant Powell and Janine Solley attended the Winter Visitors' Association breakfast at Barleen' s . It was a packed house. There is no place in the state that can put on a show like they do. He is glad they are here in Apache Junction. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell thanked Tim Shetlar for his 25 years of dedicated service to animal control. PUBLIC HEARINGS PROPOSED RESOLUTION NO. 14-39, AUTHORIZING THE SUBMISSION OF FISCAL YEAR 2015 COMMUNITY DEVELOPMENT BLOCK GRANT AND FISCAL YEAR 2015 STATE SPECIAL PROJECT GRANT APPLICATIONS ) ) Program Coordinator Heather Patel briefed the council on the item. 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. Program Coordinator Heather Patel stated the leadership team discussed all the projects and REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18 , 2014 PAGE 3 OF 17 made some recommendations. They did not specify which funding source they preferred. They liked the sidewalks in the Grand- Ocotillo-Main neighborhood as well as the sidewalks and lighting in the Smythe Homie neighborhood. The council may choose which one they want . They have some alternatives based upon projects that would be good fits for the funding sources. The resolution will identify which projects they wish to select. Councilmember Waldron asked if they have to identify those by the funding source. Program Coordinator Heather Patel stated they do. Councilmember Waldron asked if the Smythe Homie neighborhood would be the State Special Projects or the Community Development Block Grant . Program Coordinator Heather Patel stated it would be their choice. Councilmember Waldron commented the amount of money involved in both would fund that. Program Coordinator Heather Patel stated it would not . Both of those projects would be one million dollars or more. They would certainly use the money to go towards what they can get done. It would again have to be some sort of phased project. If they choose the Smythe Homie neighborhood for the State Special funding, the $300, 000, then in the engineering process they would decide what the best use would be such as putting sidewalks on one particular road this time. The next phase could be another road. It would be the same thing with Grand-Ocotillo-Main. The engineering process would outline the best process or best way to get everything done with the funding available . They can say they would like the Smythe Homie project to be on both funding sources . Or the Grand-Ocotillo-Main on both. The application process and the deadlines for those are at different times . Within the engineering process they would make sure they would take into consideration both funding sources . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18 , 2014 PAGE 4 OF 17 Councilmember Evans asked because the Smythe Homie is both lighting and sidewalks if they could have the option to do just the lighting first. She dislikes it when they have the sidewalks and then they do not. If they do not have enough to do the entire sidewalks, she asked if they have enough to do the lighting for safety first, rather than take $300, 000 and make improvements on this street or that street. Program Coordinator Heather Patel stated they can definitely choose just lighting. Councilmember Evans commented even on the Pueblo Del Sol where they had the drainage issues and the sidewalks, they would have to address the drainage issues first before they can do the sidewalks . She asked if they could say just that. If they have lighting, that is security for the whole neighborhood. Otherwise, they only get the sidewalks and lighting for one street. Program Coordinator Heather Patel stated with regards to Pueblo Del Sol, they are currently in phase one, which is resolving the drainage issue . They also have some money to do sidewalks. That is being done. Phase two, which was approved by the council, is waiting on some information on the engineer as to how the money will be allocated before they can send in the application. Most likely it will be new paving and sidewalk. Councilmember Rizzi asked if they have a better chance of getting one or the other, or can they go for both of them and do they have a chance of getting both of them. Program Coordinator Heather Patel stated both projects are of high priority to the state. But she can say that because of the Strong, Sustainable Community Initiative is an initiative, and there was extra public participation involvement with those specifically, that may weigh a little bit better under the State Special Projects program rather than the Community Development Block Grant program. It is something they would look at and say they are being more targeted and focused. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 5 OF 17 Councilmember Waldron asked if it would jeopardize the second submittal for one project by it being under the other program if they were to pick one project since there are separate deadlines for submittals . Program Coordinator Heather Patel stated it would not jeopardize it . They would have to be clear they are two separate projects and at the end of the Community Development Block Grant one they would have a complete project and at the end of the State Special Projects they would have s complete project. Together they make a bigger, better project. It will not jeopardize anything; they just need to acknowledge they may not get the State Special Project funding. Councilmember Waldron commented he would like to see them go with a recommendation for the Community Development Block Grant money on the Grand- Ocotillo and the State Special Project for the Smythe Homie . Councilmember Rizzi asked if they were going to ask specifically for lighting. Councilmember Waldron asked if they would ask for that in the motion or would they work with internally with staff. Program Coordinator Heather Patel stated it would be nice if they could get it in the motion. Councilmember Serdy commented he is curious for in the future about the sewer hook-ups for businesses . They have a lot of businesses that are not hooked up on the sewer . He asked how that is holding them back and what areas she is talking about, maybe not for this year but for years down the road. Program Coordinator Heather Patel stated the businesses would have to be within one of the two redevelopment areas . The lack of being on the system has to be some sort of violation or the state saying they are violating something by not being on the system. It cannot technically just be because they want to now be on the system. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 6 OF 17 Councilmember Serdy asked if she knew for a fact if there are businesses like this . Program Coordinator Heather Patel stated she does not . Mayor Insalaco closed the discussion and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 14-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR FY 2015 STATE COMMUNITY DEVELOPMENT BLOCK GRANT REGIONAL ACCOUNT ("CDBG") FOR THE GRAND- OCOTILLO NEIGHBORHOOD; AND FY 2015 STATE SPECIAL PROJECT ("SSP") FUNDS FOR THE SMYTHE HOMIE NEIGHBORHOOD FOR LIGHTING, AND CERTIFYING THAT THE APPLICATIONS (1) MEET THE IDENTIFIED HOUSING AND COMMUNITY DEVELOPMENT NEEDS; AND (2) IS NECESSARY FOR IMPLEMENTATION AND COMPLETION OF THE ACTIVITIES OUTLINED IN THE CDBG AND SSP APPLICATIONS, BE APPROVED. Councilmember Rizzi SECONDED THE MOTION. City Clerk Kathleen Connelly asked if they had included everything they needed about the lighting. Councilmember Waldron commented they did. VOTE: Unanimous . The motion carried. PROPOSED RESOLUTION NO. 14-41, CASE SD-1-14 , REQUEST BY HUDD HASSELL ON BEHALF OF IRONWOOD HEIGHTS LLC AND BELA FLOR COMMUNITIES INC . FOR APPROVAL OF A PRELIMINARY PLAT FOR THE PROPOSED BELLA CORONA SUBDIVISION ) REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18 , 2014 PAGE 7 OF 17 ) Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Rizzi asked if the developer was in agreement with lot 1 . Senior Planner Rudy Esquivias stated he sent him an email stating these were the council' s concerns and please be prepared to address them but he has not responded. He does not think he has a problem with it but he will let him answer that question. Mayor Insalaco requested the applicant address the council . Mr. Edmir Dzudza, architect representing the developer in the case, addressed the council . Mayor Insalaco asked if he had any problem with the requests. Mr. Edmir Dzudza asked to be allowed to check the paperwork on the lot . Senior Planner Rudy Esquivias provided the information and plat maps for him. Mr. Edmir Dzudza stated the lot in the corner is marked as being a model type A. They do not have a one story model designed for that particular lot . If it is their request, they can accomplish it . They can make an extra effort and provide design forms for a one story model . This lot is unique. There were homes in the area and those homes were destroyed. The neighbors from the west were the only ones with comments and they put in all the amenities on this side. Mayor Insalaco stated he does not have a problem with it but is wondering if the homes over there do. Councilmember Rizzi commented she remembered the homeowners on the other side did not want a 50' home where they could look down. They wanted to be sure they would have their privacy. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 8 OF 17 Mr. Edmir Dzudza stated if they look at the larger view they will see there is nothing in this particular corner. They are all one story homes across the portion nearby as the neighbors did not want to see two story homes. Mayor Insalaco asked where the complaint came from. Senior Planner Rudy Esquivias spoke from the audience and was unreadable . Councilmember Evans commented the other homes are north/south as well . It is not that their view from the back or the front would be obstructed. The subject home would also be a north/south. Mayor Insalaco stated he liked the idea of bigger lots. Councilmember Evans commented Mr. Hassell has done some nice things and explained he has basically been a horizontal builder. She asked if there is a vertical builder yet and when do they anticipate starting. Mr. Edmir DzuDza stated they will be the vertical builder as well on this project. Councilmember Evans asked if he would be doing the vertical or just the horizontal. Mr. Edmir Dzudza stated he will be doing both. Councilmember Evans asked when he anticipates starting. Mr. Edmir Dzudza stated that would be January 1 . Councilmember Waldron asked if they will be four-sided architecture . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 9 OF 17 Mayor Insalaco asked if they would be building something that does not look like a barn. They beautify the front and the rest looks like something else. There was discussion away from the microphones that was inaudible. Councilmember Evans commented she can see from the plans that there are windows on all four sides. They are not just a flat surface . Councilmember Waldron commented the concern was that although there were windows there were no pop-outs . Mayor Insalaco commented it was just a window and looked like a barn. He complained _years ago if there were going to be any pop-outs or any architectural design or features on the windows or is it just a window. Mr. Edmir Dzudza stated as far as architectural features they can add sills . Mayor Insalaco commented just as long as they add something. Mr. Edmir Dzudza stated they could try fake shutters and things like that . Councilmember Waldron commented that is what they will call four-sided architecture . Assistant City Manager Bryant Powell stated a start date of January 1 would be wonderful. The mayor and council have expressed a desire and policy of reducing the development fees in half. They have had two developers come in and say they were going to start and they have not seen Stagecoach or Bel Agave. Mayor Insalaco commented this has been months . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 10 OF 17 Assistant City Manager Bryant Powell stated he is delighted to hear a January 1 start date and that Hudd is the builder. He asked if they would have to put this on the consent agenda for the final plat to get this going. Senior Planner Rudy Esquivias stated that is correct. This is the preliminary plat . The final plat and improvement plans have not been processed. We will not see construction on January 1 but they hopefully will see a final plat submittal on or about January 1 . Mr. Edmir Dzudza stated the design team is working at full speed so this is our target date. Assistant City Manager Bryant Powell asked if there is a requirement for the final plat to be at a public hearing. City Attorney Joel Stern stated it does . Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and called for council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION No. 14-41, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "BELLA CORONA" SUBDIVISION, IN CASE SD-1-14 , BY IRONWOOD HEIGHTS LLC, REPRESENTED BY HUDD HASSELL, BE APPROVED WITH A CONDITION OF APPROVAL NUMBER EIGHT, THAT THE HOMES HAVE FOUR-SIDED ARCHITECTURE. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 11 OF 17 PROPOSED RESOLUTION NO. 14-42, REQUESTING THE PINAL COUNTY PLANNING AND ZONING COMMISSION RECOMMEND DENIAL TO THE PINAL COUNTY BOARD OF SUPERVISORS OF IUP-002-14 RELATING TO JRC' S PROPOSED SLUDGE TREATMENT FACILITY ) Mayor Insalaco announced Cooper has pulled his permit and does not want to do this . This is great. He called for any council discussion. Councilmember Waldron commented Cooper' s has withdrawn based on an agreement they have reached with the sewer district . Their board of directors will meet on Friday and hopefully ratify that agreement . He wanted to thank everybody for the number of letters that came in, like Councilmember Evans mentioned. State Representative Doug Coleman also received a lot of letters in opposition to this project . That helped move this thing along. County Supervisor House came to the council meeting thinking this was an acceptable use for this part of Apache Junction. Even though this property is in the county, it is within the incorporated area of Apache Junction. He implored the county to review the uses in the area and rezone as needed so that this type of use or other obnoxious uses are not allowed. He read from the proposed resolution that "any obnoxious use", not just this one, but with this particular proposed project, and he would say any obnoxious use "is not in harmony with or consistent with the Pinal County Comprehensive General Plan, not the City of Apache Junction' s General Land Use Plan, and any use that is incompatible with that or presents an obnoxious use for neighbors" . He would hope the county would take a look at that prior to going to any hearings . Under the county process, once an industrial use permit is issued, that becomes zoning for the property forever. Actually, some would have to go back to get an industrial use permit to do that . It, in effect, changes the zoning. Hopefully the county will take notice of this . He understands Mr. Cooper' s concern but he thinks the sewer district has addressed that. The board will meet on Friday and hopefully ratify that agreement . Councilmember Wilson asked if it would be advantageous to at least write a letter of concern REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 12 OF 17 on this . He agrees with the idea as it is surrounded by our general plan area . Mayor Insalaco asked the city attorney for his thoughts . City Attorney Joel Stern stated they may direct staff to take such action as they deem appropriate. Mayor Insalaco commented he believes Councilmember Wilson just did that. Councilmember Waldron agreed they should. City Attorney Joel Stern stated if they are going to direct staff they may want to vote on it. Mayor Insalaco called for a motion. Councilmember Wilson asked if it would be the resolution. Mayor Insalaco commented it would not. City Attorney Joel Stern stated he heard bits and pieces from the resolution. He thinks he knows what he is looking for. They are looking at an objection to any type of use in the future of that sort . Councilmember Wilson MOVED THAT RESOLUTION NO. 14-42, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, REQUESTING THE PINAL COUNTY PLANNING AND ZONING COMMISSION BE ADVISED OF OUR CONCERNS FOR THE FUTURE USE OF THIS AREA, AND WE SEND THEM A LETTER STATING SO. Councilmember Waldron SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 13 OF 17 VOTE: 5-1 (Councilmember Rizzi voted in opposition. ) During the vote the following dialogue took place: Councilmember Rizzi commented she is tied on this because she believes competition is good and she believes if they had come up with an appropriate plan and done it in the manner that the sewer district is already doing it, it might not have been a bad thing. There might have been some issues on how they were doing the treatment and there might have been some odor issues, but if they were able to come up with a plan and not have that problem she is not so sure that competition would have been a bad thing. For that reason she will say no. Councilmember Serdy commented they now bring something in there that could be offensive to residents and what we are trying to do. This would have no real teeth, we are just asking them to look at this harder. Assistant City Manager Bryant Powell stated it will not have teeth but be a letter only. City Attorney Joel Stern stated from the motion he heard, it would be a letter to the board of supervisors, they will figure out who should sign it, and it would concern the heavy industrial use in that area . Councilmember Wilson commented and any obnoxious types . Councilmember Serdy commented he has no problem with heavy industrial use, just nice heavy industrial use that does not smell bad. He voted yes . The motion carried. NEW BUSINESS None. DIRECTION TO STAFF REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18 , 2014 PAGE 14 OF 17 FISCAL YEAR 14-15 HUMAN SERVICES FUNDING RECOMMENDATIONS ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for any discussion. There being no discussion, he called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE FISCAL YEAR 14-15 HUMAN SERVICES FUNDING RECOMMENDATIONS : THAT WE GO WITH THE RECOMMENDATIONS OUTLINED IN THE MEMO OF NOVEMBER 3, 2014 . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REQUEST FROM EAST VALLEY ADULT RESOURCES TO REDIRECT REMAINING FUNDS FROM FISCAL YEAR 2014-15 RIDE CHOICE PROGRAM TO THE SENIOR VAN TRANSPORTATION PROGRAM AND TO DO THE SAME FOR FUTURE BUDGET YEARS) ) City Clerk Kathleen Connelly briefed the council on the item. Councilmember Waldron commented he understands the problem East Valley Adult Resources has run into and the need for the money. He expressed concern last night that the people who are involved in the Ride Choice program now be talked to so they do not lose transportation they need. The other thing he would like to do is take out of the motion, at the end of it, where is says do the same for future budget years . He would like to look at it on an annual basis and see if there are grant opportunities that come in where they can restore the funding to where it belongs . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 15 OF 17 Mayor Insalaco called for any further discussion. There being no discussion, he called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE REQUEST FROM EAST VALLEY ADULT RESOURCES TO REDIRECT REMAINING FUNDS FROM FISCAL YEAR 2014-15 RIDE CHOICE PROGRAM TO THE SENIOR VAN TRANSPORTATION PROGRAM AND THAT STAFF REWORK THE CONTRACT WITH EAST VALLEY ADULT RESOURCES, KEEPING IN MIND THE RIGHTS TO CURRENT RIDE CHOICE PARTICIPANTS, THAT THEY ARE HANDLED AND TAKEN CARE OF. Councilmember Wilson SECONDED THE MOTION . VOTE: Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Councilmember Waldron MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, DECEMBER 1, 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, DECEMBER 2, 2014 , IN THE CITY COUNCIL CHAMBERS . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Tim Sicocan, representing the Boys and Girls club, thanked them for their support, raising $1, 382 from the Bellamy Brothers concert, and invited everyone to their Thanksgiving Day Meal . REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18 , 2014 PAGE 16 OF 17 ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 55 p.m. Consent Agenda Items are as follows : l. Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of November 4, 2014 . 3. Consideration and action on Juvenile Court Hearing Officer appointment . ACCEPTED THIS 2ND DAY OF DECEMBER, 2014 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 2ND DAY OF DECEMBER, 2014 . OHN S . ' NSALACO 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 18th day of November, 2014 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 24th day of November, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 18, 2014 PAGE 17 OF 17 NOVEMBER 3, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: AGENDA ITEM FOR NOVEMBER 17 WORK SESSION AND NOVEMBER 18 REGULAR MEETING (FY 2014-2015 HUMAN SERVICES FUNDING RECOMMENDATIONS) The Health & Human Services Commission, as required by City Code, met recently to discuss and review FY 2014-2015 human services funding requests, to interview qualified applicants and to formulate their recommendations to the City Council. The commission opted to interview all of the agencies. The city received applications from a total of four agencies in the following amounts: 1. Apache Junction Reach Out, Inc.(Food Bank) $30,000 2. Boys & Girls Club (Apache Junction Branch) 25,000 3. Community Alliance Against Family Abuse 18,000 4. East Valley Adult Resources (congregate meals) 15,000 (home-delivered meals) 15,000 5. East Valley Adult Resources (van transportation) 40,000 Total $143,000 With the understanding that$100,000 had been allocated in the current fiscal year budget for human services funding, and based upon agency compliance with the requirements of City Code Article 2-14, their related human service agreements and their demonstrated ability to provide direct services to city residents, the commission members voted unanimously to make the following recommendations for FY 2014-2015: 1 . Apache Junction Reach Out Food Bank-$32,000, with the stipulation that the funds be used to provide emergency food to city residents only and for utility costs to maintain the food and freezers at the food bank facility. Quarterly reports must meet city requirements. When filing their funding request in January 2014, the food bank asked for $30,000. During their presentation to the commission on October 29th, food bank representatives mentioned that they are no longer receiving free food through St. Mary's Food Bank. This has caused a decrease of 18,000 pounds of food per month. They can still purchase food through St. Mary's Food Bank. This has created an unexpected burden on their resources which was not known in January. The commission took this into consideration and recommended that the food bank be funded at $32,000 for FY 2014-15. 2. Boys & Girls Club (Apache Junction Branch) - $20,000, with the stipulation that the funds be used for Project Learn, an educational enhancement program and for after school and intersession programs. The funds must be spent on city residents only and quarterly reports must meet city requirements. 3. Community Alliance Against Family Abuse - $18,000, with the stipulation that the funds be used for an intervention program for families affected by domestic abuse, to include empowerment sessions, legal advocacy services and general advocacy services. The funds must be spent on city residents only and quarterly reports must meet city requirements. 4. East Valley Adult Resources- $15,000 for congregate meals for city residents at the senior center, transportation services to and from the center, and $15,000 for home- delivered meals to city residents. All funds must be used for city residents only. Quarterly reports must meet city requirements. Total of recommendations - $100,000. Provisions of standard human services contracts will remain in place to include the requirements that each agency designate a primary and secondary contact person and that their names/telephone numbers be provided to the city clerk; that all reports and other records submitted to the city be typed or prepared via word processor and be submitted in person or by first class mail; that handwritten records and reports are unacceptable; that the person assigned to completing and filing the quarterly reports be familiarwith the terms and requirements of the agreement in order to avoid processing errors and delays; and that each agency be advised that the original purpose of the human services funding was to provide "start up" monies for human services agencies for programs and not to provide annual funding for an indefinite period of time. Continual requests make it difficult for new agencies to also obtain funding. Should any agency default in their contract, the unused funds may be distributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. These contracts also contain a provision regarding restrictions on political activities as is now included in all city agreements with nonprofit entities. Members of the Health and Human Services Commission will be present at the November 17 work session to answer your questions on these recommendations. Direction to staff will be requested at the November 18 meeting. If so directed, the contracts will be placed on the December 2 consent agenda items at which time you can approve them or opt to continue them to a later date. Attachments: City Code Article 2-14 Funding Comparison Table Sample contract Sample invitation letter of October 23, 2014 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 3. Piz File ID: 14-534 Sponsor: Kathy Connelly Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Consideration of legal advertising agreement with the Arizona Republic for the one year period commending January 1, 2015 through December 31, 2015. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 OCTOBER 30, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER FROM: KATHLEEN CONNELLY, CITY CLERK SUBJECT: LEGAL ADVERTISING AGREEMENT (CONSENT AGENDA ITEM FOR DECEMBER 2, 2014) State law requires that we publish certain legal notices such as election matters, public hearings, bids, etc. (A.R.S. § 39-204). The law further defines "newspaper" and prohibits the use of publications that are designed primarily for advertising, free circulation or circulation at nominal rates or do not have a bona fide list of paying subscribers (A.R.S. § 39-201). This statute prohibits the use of our two weekly papers. The Mesa Tribune no longer has paid subscribers or paid delivery within the city. The Arizona Republic does meet statutory requirements. The rates are the same as they have been for the last three years. Mesa Republic - to $0.33 per line per day. Arizona Republic - to $0.80 per line per day. Attached is a copy of the legal advertising agreement and pertinent sections of state law. Please let me know if you have any questions. Legal Advertising Agreement Phoenix Newspapers, Inc., publisher of The Arizona Republic and Arizona Business Gazette, agree to extend the below listed terms to the City of Apache Junction for publication of their legal advertising for the period of 1-year commencing on January 1, 2015 — December 31, 2015 Publication zone# Pub Days Agreement Rate Wednesdays Mesa Republic $ 0.33 / 11/15 Fridays per Line A section of the / Arizona Repubp per Zone c --- -- - -- -- on Wed,Fri,Sat. Saturdays Arizona Thursdays $ 0.25 / Business per Line Gazette Sunday Monday Arizona Republic Full Run Tuesday Classifieds $0.80 per line/per day Wednesday Thursday Friday Saturday Pricing includes online postings to these public notice web listings (publicnotices.azcentral.com, PublicNoticeAds.com and ananews.com). All legal notice advertising will be typeset in 5.5 point type at 14 lines per inch. Invoicing statements for the account will be at the end of each month based on ad expiration dates. Retail ROP position ad rates (open rates) and deadlines, please call for info. Retail ROP positions are those that appear in any section outside of the Classified section as a display ad. Notices appearing in the Mesa Republic Community Classified section will be under the heading of"Public Notices". Two affidavits of publication will be supplied for each notice published. All publication requests should be E-mailed to: lel;al.advertising(ii)enixom Please reference account# 169202 Contact person(s) for ad placement: • Manny Vargas, Legal Advertising Rep., 602-444-4279 • Legal advertising open line 602-444-7315 City of Apache Junction: Phoenix Ne a ers nc.: Signed: Signed: - - Printed Name: Printed Name: Tabitha Weaver Title: Title: Supervisor, Arizona Business Gazette Date: Date: 10/27/2014 i i A City of Apache Junction Deadline Schedule: Publication Pub Days Ad Submission Deadlines Ad Submission Deadlines Classified Liner Ads Classified Display Ads Mesa Wednesdays = prior Thurs. at Noon = prior Wednesday at 3:00pm Republic Zone 11 Fridays = Monday at Noon = prior Friday at 3:00pm Saturdays = Tuesday at 10am =Tuesday at 10am Sunday =Wednesday at Noon =Tuesday at 3:00pm Monday =Wednesday at Noon =prior Wednesday at Noon Arizona _ --.. .... Republic Full Run Tuesday =Friday at Noon =prior Thursday at Noon Classifieds Wednesday =Monday at Noon =prior Thursday at Noon Thursday =Tuesday at Noon =prior Friday at Noon Friday =Wednesday at Noon =Monday at Noon Saturday =Thursday at Noon =Tuesday at Noon i *Holiday and advanced deadlines will me e-mailed. **Annual Budget documents(including Ordinances with Budget information)and Truth in Taxation deadlines will be e-mailed in April 2015 as those deadlines differ from our regular deadlines i 6 Phoenix Metropolitan Area Community Republic Zones 85342 85262 85331 85266 85361 Zone 2 85387 60 85383 85263 Zone 3 ..85310;. Zone 1 Zone 20 6-050 R 86064 85255 Zone V 8537 8538 11`.. 85308 .R Zone,7 8 78 5374 `Zone 18 85306 5032 85254 5388 85351 85264 85379 8533 85381 260 85268 ^:65304 3 3 85259 853 85302 5028 85355 303 51 85255 85253 5309 Zone 9 U 4 96,3� 85303 85 85250 a534o 85396 85033 85031 85018 B525 1 0 1 85215 5037 85256 85395 85392 85035 500 85008 2 02 85257 ' Zone�� 85043 8500° 5281 85213 8$207 5034 85323 85353 85205 85338 85201 85203 85120 &5040 5208 85119 85326 b5282 5202 85210 85204 85206 6s�4, 60 Z o n e 5 85042 852 85234 i352�3 85118 85233 85339 Zone 10 112P4 85296 85212 t3'1`.ac 85048 8;__> 85224 85225 85295 NZ o n e 6 85255 85297 E ` 65249 85298 Zone 12 85140 w 85142 852a5 S85143 REPUBLIC '.' REPUBLIC :: Format Document Page 1 of 1 ARS TITLE PAGE NEXT DOCUMENT PRE'WOUS DOCUMENT 39-201. Definitions A. In this c— aptunless the context otherwise requires, "newspaper" means a publication regularly issued for dissemination of news of a general and public character at stated short intervals of time. Such publication shall be from a known office of publication and shall bear dates of issue and be numbered consecutively. It shall not be designed primarily for advertising, free circulation or circulation at nominal rates, but shall have a bona fide list of paying subscribers. B. "Newspaper" shall not include a publication which has not been admitted under federal law as second-class matter in the United States mails for at least one year. http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/39/00201.htm&Title=39&... 10/30/2014 Format Document Page 1 of 1 ARS TITLE PAGE NEXT DOCUMENT PREVIOUS DOCUMENT 39-204. Publication of notice• time place A. When publication ot a notice in a newspaper is directed or authorized by law, it shall be in a newspaper of general circulation printed in English. B. If the number of times the notice is to be published is not specified, publication shall be: 1. If in a weekly newspaper, once each week for two consecutive weeks. 2. If in a daily newspaper, four consecutive times. C. If the place of publication of the notice is not specified, publication shall be: 1. If by a state officer, board, or commission, in a newspaper printed and published within the county where the state capital is located. 2. If by a county officer, board, or commission, or by any person in a county, in a newspaper printed and published within such county. If no such newspaper is printed and published within the county, publication may be made in a newspaper of general circulation in the county which is printed in an adjoining county. 3. If by a district, city or town officer, board or commission, or by any person in a district city or town, in a newspaper printed and published within the territorial limits thereR. If no such newspaper is printed and published within the limits thereof, publication may be made in a newspaper printed and published in the county in which the district, city or town is located. http://www.azleg.state.az.us/FonnatDocument.asp?inDoc=/ars/39/00204.htm&Title=39&... 10/30/2014 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. Piz File ID: 14-575 Sponsor: Kathy Connelly Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Consideration of Fiscal Year 2014-15 health and human services funding agreements. At the regular meeting of November 18, 2014, council unanimously voted to accept the recommendations of the health and human services commission. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND APACHE JUNCTION REACH OUT, INC. FOR HEALTH AND HUMAN SERVICES THIS AGREEMENT is made and entered into this day of , 2014, by and between the CITY OF APACHE JUNCTION,ARIZONA, an Arizona municipal corporation ("City") and APACHE JUNCTION REACH OUT, INC., a health and human services provider ("Services Provider") for the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code("A.J.C.C."),Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance,the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2014-2015. C. The Commission has submitted its recommendations to the City Council. D. On June 16, 2014 the City Council passed and adopted the 2014-2015 Fiscal Year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C. Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. AGREEMENT NOW,THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1 . SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following services in connection with the Program: A. Provide for the emergency needs of City of Apache Junction residents through the provision of emergency food. 1 B. Provide emergency food assistance to residents of the City of Apache Junction and only as documented by Services Provider. C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill,showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction;for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of A.J.C.C. Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2015-16 to City on or before January 31 , 2015. E. File with the City all documentation for the previous quarter with City no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meetthe reporting requirements of this section; advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sentvia first class mail. Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of A.J.C.C. Article 2-14 Requests for Financial Assistance 2 or this agreement shall be reimbursed to City. F. File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2015-16. Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five(5) working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Services Provider's failure to fully meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance orthe terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$32,000 for Fiscal Year 2014-2015 for services identified in Section 1, "Services Provider's Duties" for those services provided under Section 1, Subsection A; and for utility costs directly related to the operation of the Apache Junction Reach Out Inc. facility located at 575 N. Idaho Road #702, Apache Junction, Arizona. B. Compensation shall be in equal quarterly payments of $8,000.00 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. 3 C. Early release of program funding may be requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on Services Provider's letterhead,and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of the City and subject to Services Provider's compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2014-15 funding be unable to meet the requirements of A.J.C.C. Article 2-14 or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2014 through June 30, 2015, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: 4 If to City: Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider Apache Junction Reach Out, Inc. Gerry Hundt, Board President 575 North Idaho Road, #701 Apache Junction, AZ 85119 8. TERMINATION: This Agreement maybe terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall,within ten(10)calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 12. FORCE MAJEURE: Neither City nor Services Provider,as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, 5 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 subconsultants 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, blockage, 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 Project. 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 consultants,subconsultants, vendors or investors desired by Services Provider in connection with the Project. Services Provider agrees that Services Provider 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 rightto 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. 13. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, 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 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 Services Provider, its agents, employees, or any tier of the Services Provider's subcontractors in the performance of this Agreement. Services Provider's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, 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 a Services Provider's acts, errors, mistakes, omissions,work or services in the performance of this Agreement including any employee of Services Provider, any tier of Services Provider's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Services Provider may be legally liable. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained 6 herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Service Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state orfederal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. APPLICABLE LAW AND VENUE: 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. 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. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. BUSINESS AND PRIVILEGE LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Services Provider also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same business and privilege license regulations on any subconsultants, and Services Provider ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Services Provider and any subconsultants through the City Clerk's Office. 7 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Services Provider 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, or city code), 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. 22. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 23. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer 8 shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear thatthey are doing so in their personal and private capacity,and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature,while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A). Services Provider further warrants that after hiring an employee,Services Provider will verify the employment eligibility of the employee through the E-Verify program. If Services Provider 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 Agreementthat is subjectto penalties up to and including termination of this Agreement. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B 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 inspect the papers of any Services Provider or subcontractor employee who works under this Agreement to ensure that the Services Provider 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 Agreementto be signed by their duly authorized representative as of the day and year first above written. 9 SERVICES PROVIDER: APACHE JUNCTION REACH OUT, INC. By: Title: Board President CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND BOYS & GIRLS CLUB OF THE EAST VALLEY- APACHE JUNCTION BRANCH FOR HEALTH AND HUMAN SERVICES THIS AGREEMENT is made and entered into this day of , 2014 by and between the CITY OF APACHE JUNCTION,ARIZONA, an Arizona municipal corporation ("City"), and BOYS & GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH, a health and human services provider("Services Provider"), for the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code, ("A.J.C.C.") Volume I, Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2014-2015. C. The Commission has submitted its recommendations to the City Council. D. On June 16, 2014, the City Council passed and adopted the 2014-2015 Fiscal Year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C. Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. AGREEMENT NOW,THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following services in connection with the Program: A. Provide the Project Learn program to city residents as a means of educational enhancement. B. Provide such programs and activities to only residents of the City of Apache Junction and only as documented by Services Provider. C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill, showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction; for use or acceptance of any other form of identification, obtain approval in advance by the City of Apache Junction City Clerk. D. Comply with all provisions of A.J.C.C. Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2015-16 to City on or before January 31, 2015. E. File with City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified with complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended. Post office box addresses shall not meet the reporting requirements of this section. Advise City in its report of the identification utilized (driver's license, utility bill, etc.); submitto City typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing, with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be reimbursed to City. Any funds 2 disbursed by Services Provider in violation of A.J.C.C. Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File the quarterly report and required documentation by the deadline setforth in Section E or risk disqualification for health and human services funding for Fiscal Year 2015-16. Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five (5) working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Service Provider's failure to meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time shall result in the termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$20,000 for Fiscal Year 2014-2015 for services identified in Section 1, "Services Provider's Duties". B. Compensation shall be in equal quarterly payments of $5,000.00 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of program funding may be requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on 3 Services Provider's letterhead,and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of City and subjectto Services Provider's compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2014-15 human services funding be unable to meetthe requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2014 through June 30, 2015, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Kathleen Connelly City Clerk 4 City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider: Boys & Girls Club of the East Valley Apache Junction Branch 1405 E. Guadalupe Road, Suite 4 Tempe, AZ 85283 8. TERMINATION: This Agreement may be terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Providers shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall, within ten (10) days after the execution of this Agreement and before awarding any subcontract,furnish City with a list of proposed subcontractors, if any,and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreementshall create any contractual relations between any subcontractor and City. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Services Provider. 12. FORCE MAJEURE: Neither City nor Services Provider, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence orfailureto comply with Applicable 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 subconsultants or materialmen due to such causes, acts of a public 5 enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockage, 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 ortemporary) by any public entity directly affecting the Project. 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 consultants, subconsultants,vendors or investors desired by Services Provider in connection with the Project. Services Provider agrees that Services Provider 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. 13. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, 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 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 Services Provider, its agents, employees, or any tier of the Services Provider's subcontractors in the performance of this Agreement. Services Provider's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, 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 a Services Provider's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Services Provider, any tier of Services Provider's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Services Provider may be legally liable. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 6 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state orfederal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Services Provider. 16. APPLICABLE LAW AND VENUE: 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. In the event either Party shall bring suitto 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. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. BUSINESS AND PRIVILEGE LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Services Provider also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same business and privilege license regulations on any subconsultants, and Services Provider ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Services Provider and any subconsultants through the City Clerk's Office. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or 7 in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Services Provider 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, or city code), 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. 22. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 23. POLITICAL ACTIVITIES: Asa community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a 8 board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature,while attending or participating in Services Provider function or event. This includesthe circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Actof 1989 tothe services performed underthis Agreement. As required by A.R.S. § 41-4401, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. If Services Provider uses any subcontractors in performance of services, subcontractors shall warranttheir compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A), and subcontractors shall further warrantthat 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 Agreementthat is subjectto penalties up to and including termination of this Agreement. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E- Verify requirements contained in A.R.S. § 23-214(A). City retains the legal rightto inspectthe papers of any Services Provider or subcontractor employee who works under this Agreement to ensure that the Services Provider 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 Agreementto be signed by their duly authorized representative as of the day and year first above written. 9 SERVICES PROVIDER: EAST VALLEY BOYS & GIRLS CLUB - APACHE JUNCTION BRANCH By: Title: Chairperson/President By: Title: Local Board President By: Title: Local Branch Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND COMMUNITY ALLIANCE AGAINST FAMILY ABUSE FOR HEALTH AND HUMAN SERVICES THIS AGREEMENT is made and entered into this day of , 2014, by and between the CITY OF APACHE JUNCTION,ARIZONA, an Arizona municipal corporation("City") and COMMUNITY ALLIANCE AGAINST FAMILY ABUSE,a health and human services provider ("Services Provider") for the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code("A.J.C.C."),Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance, the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2014-2015. C. The Commission has submitted its recommendations to the City Council. D. On June 16, 2014, the City Council passed and adopted the 2014-2015 Fiscal Year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C. Article 2-14 Requests for Financial Assistance, Section 1 (3), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. AGREEMENT NOW,THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions set forth below: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following services in connection with the Program: A. Provide intervention services in the amount of $18,000 for individuals and families affected by domestic abuse to include empowerment sessions, legal advocacy services and general advocacy services. B. Assistance shall be provided to residents of the City of Apache Junction and only as documented by Services Provider. C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification; current utility bill,showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction. Use or acceptance of any other form of identification must be approved in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of A.J.C.C. Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit B, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2015-16 to City on or before January 31 , 2015. E. File with the City all documentation for the previous quarter with City no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall notmeetthe reporting requirements of this section; advise City in its report of the identification utilized (driver's license, utility bill, etc.); submit typed or word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary personas Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk; provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and returned to Services Provider for revision. Any funds not disbursed by Services Provider shall be 2 reimbursed to City. Any funds disbursed by Services Provider in violation of A.J.C.C. Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File quarterly report and required documentation by the deadline set forth in Section E or risk disqualification for health and human services funding for Fiscal Year 2015-16. Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five (5) working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Services Provider's failure to fully meet the requirements of A.J.C.C. Article 2-14 Requestsfor Financial Assistance orthe terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$18,000 for Fiscal Year 2014-2015 for services identified in Section 1, "Services Provider's Duties". B. Compensation shall be in equal quarterly payments of $4,500.00 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of program funding maybe requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on 3 Services Provider's letterhead,and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of City and subjectto Services Provider's compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2014-15 funding be unable to meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately among the remaining agencies or, at the discretion of the city manager, retained in the general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2014 through June 30, 2015, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Kathleen Connelly City Clerk City of Apache Junction 4 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider Community Alliance Against Family Abuse P.O. Box 3778 Apache Junction, AZ 85117 8. TERMINATION: This Agreement maybe terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall,within ten(10)calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 12. FORCE MAJEURE: Neither City nor Services Provider,as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes,and unusually severe weather orthe delays of subconsultants 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 5 eco-terrorism), nuclear radiation, blockage, 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 Project. 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 consultants, subconsultants,vendors or investors desired by Services Provider in connection with the Project. Services Provider agrees that Services Provider 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. 13. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, 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 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 Services Provider, its agents, employees, or any tier of the Services Provider's subcontractors in the performance of this Agreement. Services Provider's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, 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 a Services Provider's acts, errors, mistakes, omissions,work or services in the performance of this Agreement including any employee of Services Provider, any tier of Services Provider's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Services Provider may be legally liable. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 6 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Service Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. APPLICABLE LAW AND VENUE: 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. 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. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. BUSINESS AND PRIVILEGE LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Services Provider also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will invoke the same business and privilege license regulations on any subconsultants, and Services Provider ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Services Provider and any subconsultants through the City Clerk's Office. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or 7 in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Services Provider 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, or city code), 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. 22. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 23. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a 8 board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature,while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. If Services Provider 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 subjectto penalties up to and including termination of this Agreement. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E- Verify requirements contained in A.R.S. § 23-214(A). City retains the legal rightto inspect the papers of any Services Provider or subcontractor employee who works under this Agreement to ensure that the Services Provider 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 representative as of the day and year first above written. 9 SERVICES PROVIDER: COMMUNITY ALLIANCE AGAINST FAMILY ABUSE By: Title: Chairperson/Board President By: Title: Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND EAST VALLEY ADULT RESOURCES FOR HEALTH AND HUMAN SERVICES THIS AGREEMENT is made and entered into this day of , 2014, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, a health and human services provider ("Services Provider") for the City's human services program, collectively referred to as the "Parties" or individually as a "Party". RECITALS A. Pursuant to Apache Junction City Code("A.J.C.C."),Volume I,Article 2-11 Health and Human Services Commission, and Article 2-14 Requests for Financial Assistance,the City may provide financial assistance to non-profit agencies which provide human services and care for the elderly, handicapped, developmentally disabled and provide other public health needs. B. The Health and Human Services Commission ("the Commission") has reviewed requests for city funding as submitted by health and human services providers for Fiscal Year 2014-2015. C. The Commission has submitted its recommendations to the City Council. D. On June 16, 2014, the City Council passed and adopted the 2014-2015 Fiscal Year budget, which included funding for health and human services for specific health and human services providers. E. Pursuant to A.J.C.C. Article 2-14 Requests for Financial Assistance, Section (C)(1), all city funds allocated or granted to any non-profit agency shall be by means of a written contract based on the services to be provided to or work to be performed on behalf of the City of Apache Junction and its residents in compliance with the provisions of state law relating to the use of public funds. AGREEMENT NOW,THEREFORE, in consideration of payment of public funds in exchange for health and human services to city residents, both parties agree to the terms and conditions setforth below: 1. SERVICES PROVIDER'S DUTIES: Services Provider agrees to perform the following services in connection with the Program: A. Provide services for City of Apache Junction senior citizen residents to include congregate meals at the Apache Junction 1 Senior Center and home-delivered meals for those senior citizen residents confined at home or who are physically disabled. B. Provide congregate or home-delivered meals to senior citizen residents of the City of Apache Junction and only as documented by Services Provider. C. Require documentation of city residency in the form of a valid State of Arizona driver's license or valid State of Arizona non-operator identification;current utility bill,showing an in-city address; current rent receipt showing an in-city address; State of Arizona valid voter registration or valid military identification which establish proof of residency within the City of Apache Junction;for use or acceptance of any other form of identification obtain approval in advance from the City of Apache Junction City Clerk. D. Comply with all provisions of A.J.C.C. Article 2-14 Requests for Financial Assistance, attached hereto as Exhibit A, and all other applicable City Ordinances; submit contract proposal for Fiscal Year 2015-16 to City on or before January 31, 2015. E. File with the City all documentation for the previous quarter no later than ten (10) working days following the end of the quarter. City funded services to individuals shall be identified by complete city street addresses which shall be verified by comparing the addresses with the city street naming map as currently adopted or as may be amended; post office box addresses shall not meet the reporting requirements of this section; advise City in its report of the identification utilized(driver's license, utility bill, etc.);submitto City typed or prepared word processor quality reports; maintain a separate list of city residents assisted by the program to include their name and address; designate one primary and one secondary person as Coordinators for the record keeping and disbursement of funds; assign one primary and one secondary person who shall monitor compliance, review reports and verify city residency. Such persons shall be responsible for submitting accurate reports to the City Clerk. Provide the City Clerk, in writing with the names, addresses and telephone numbers of the primary and secondary contact persons immediately upon the signing of this agreement. All reports shall be delivered in person or sent via first class mail. Reports sent by fax, email or other electronic means shall not be accepted. The City Clerk will prescribe the format in which such reports shall be prepared and submitted. Any reports not prepared in accordance with this section shall be deemed unacceptable and 2 returned to Services Providerfor revision. Anyfunds not disbursed by Services Provider shall be reimbursed to City. Any funds disbursed by Services Provider in violation of A.J.C.C. Article 2-14 Requests for Financial Assistance or this agreement shall be reimbursed to City. F. File the quarterly report and required documentation by the deadline setforth in Section E or risk disqualification for health and human services funding for Fiscal Year 2015-16. Any extensions or exceptions to the filing deadline must be granted by the City Clerk. Any such extensions or exceptions must be requested in writing and granted in writing prior to the filing deadline. The maximum allowable extension will be five (5) working days. Failure to file the quarterly report and required documentation by the deadlines set forth in Section E above shall result in the immediate termination of this agreement. G. Maintain a listing with the Community Information and Referral Service that services Pinal County and the Apache Junction area during the term of this agreement. H. Services Provider's failure to fully meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of this agreement at any time during the term of this agreement shall result in termination of this Agreement. I. Any service provider staff responsible for the preparation of the required reports or requests for reimbursement shall be familiar with the terms and requirements of this agreement in order to avoid processing errors. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Services Provider for its services as follows: A. A total of$30,000 for Fiscal Year 2014-2015 for services identified in Section 1, "Services Provider's Duties", $15,000 for congregate meals atthe Apache Junction Senior Center and $15,000 for home- delivered meals all as provided under Section 1, Subsections A and B. B. Compensation shall be in equal quarterly payments of $7,500.00 per quarter. No quarterly payment shall be released until Services Provider has provided all of the required documentation for the 3 previous quarter and has provided satisfactory evidence of compliance with the terms and conditions as set forth in this agreement. C. Early release of programfunding may be requested on a quarter-to- quarter basis. Any such request shall be submitted in writing, on Services Provider's letterhead,and signed by both the local agency director and the president or vice president of the Services Provider's Board of Directors. Early release of funding shall be at the discretion of City and subject to Service Provider's compliance with the terms and conditions as set forth in this agreement. D. The purpose of this compensation is to provide start up monies and is not intended to provide annual funding to Services Provider for an indefinite period of time. E. In accordance with the recommendations of the Health and Human Services Commission and their subsequent acceptance by the Apache Junction City Council, should any of the agencies receiving Fiscal Year 2014-15 funding be unable to meet the requirements of A.J.C.C. Article 2-14 Requests for Financial Assistance or the terms of their respective agreement, any unused funds shall be redistributed proportionately to the remaining agencies or, at the discretion of the city manager, be retained in the city general fund. 3. TERM: This Agreement shall be effective beginning July 1, 2014 through June 30, 2015, and shall remain in full force and effect for one fiscal year. 4. SERVICES PROVIDER BILLING: Services Provider shall bill City in the manner specified in Section 2 above. 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish the Services Provider with all data, information and other supporting services as may be required. 6. SERVICES PROVIDER'S STANDARD OF PERFORMANCE: While performing the services, Services Provider shall exercise the reasonable professional care and skill customarily exercised by reputable members of Services Provider's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Services Provider shall be responsible for all errors and omissions Services Provider commits in the performance of this Agreement. 4 7. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: Kathleen Connelly City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction, AZ 85119 If to Services Provider East Valley Adult Resources, Inc. 45 W. University Drive, Suite A Mesa, AZ 85201-5831 8. TERMINATION: This Agreement maybe terminated by either party for any reason upon fifteen (15) calendar days written notice. If this Agreement is terminated, Services Provider shall be paid for services performed to the date of receipt of such termination notice. In the event of such termination, Services Provider shall deliver to City all work in any state of completion at the date of effective termination. 9. SUBCONTRACTORS: Services Provider shall,within ten (10)calendar days after the execution of this Agreement and before awarding any subcontract, furnish City with a list of proposed subcontractors, if any, and shall not employ any that City may object to for any reason. Services Provider agrees that it is as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Services Provider. Nothing contained in the Agreement shall create any contractual relations between any subcontractor and City. 10. RECORDS: Records of Services Provider's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Services Provider shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 5 12. FORCE MAJEURE: Neither City nor Services Provider,as the case may be,shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable 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 subconsultants 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, blockage, 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 Project. 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 consultants,subconsultants,vendors or investors desired by Services Provider in connection with the Project. Services Provider agrees that Services Provider 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. 13. INDEMNIFICATION: To the fullest extent permitted by law, Services Provider shall defend, indemnify, and hold harmless City, its elected and appointed officers, officials, agents, 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 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 Services Provider, its agents, employees, or any tier of the Services Provider's subcontractors in the performance of this Agreement. Services Provider's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, 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 a Services Provider's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Services Provider, any tier of Services Provider's subcontractor or any other person for whose acts, errors, mistakes, omissions, 6 work or services Services Provider may be legally liable. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Services Provider to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR: Services Provider shall at all times during Services Provider's performance of the services retain Services Provider's status as independent contractor. Services Provider's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state orfederal taxes or provide workers compensation or unemployment insurance for or on behalf of them or Services Provider. 16. APPLICABLE LAW AND VENUE: 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. In the event either Party shall bring suitto 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. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information and data prepared or assembled by Services Provider under this Agreement shall be and remain the property of City and shall be forwarded to City at any time City requires such papers. 18. BUSINESS AND PRIVILEGE LICENSE: Services Provider represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Services Provider understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Services Provider agrees to obtain a business license pursuant to Article 8-2 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Services Provider also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subconsultants within the corporate city limits will 7 invoke the same business and privilege license regulations on any subconsultants, and Services Provider ensures its subconsultants will obtain any required licenses. If there are taxable activities, a business license shall be converted to a privilege license by the Services Provider and any subconsultants through the City Clerk's Office. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Services Provider. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Services Provider shall not assign any monies due to or become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Services Provider and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 21. SEVERABILITY: City and Services Provider 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, or city code), 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. 22. CONFLICTS OF INTEREST: This Agreement is subject to, and maybe terminated by City in accordance with, the provisions of A.R.S. § 38-511. 8 23. POLITICAL ACTIVITIES: As a community service-based organization, Services Provider is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Services Provider shall solicit any contribution in cash or services from any Services Provider employee to support any candidate for public office. No board member or officer shall use the name of Services Provider, or use their affiliation with Services Provider, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities, they shall make it clear that they are doing so in their personal and private capacity,and are not associated with Services Provider in any way, while engaging in said activity. The functions and activities of Services Provider are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Services Provider function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 24. COMPLIANCE WITH FEDERAL AND STATE LAWS: Services Provider 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, Services Provider hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A). Services Provider further warrants that after hiring an employee, Services Provider will verify the employment eligibility of the employee through the E-Verify program. If Services Provider uses any subcontractors in performance of services, subcontractors shall warranttheir compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. §23-214(A), and subcontractors shall further warrantthat 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 Agreementthat is subjectto penalties up to and including termination of this Agreement. Services Provider 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. Services Provider shall not be deemed in material breach of this Agreement if the Services Provider and/or subcontractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E- Verify requirements contained in A.R.S. § 23-214(A). City retains the legal rightto 9 inspect the papers of any Services Provider or subcontractor employee who works under this Agreement to ensure that the Services Provider 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 Agreementto be signed by their duly authorized representative as of the day and year first above written. SERVICES PROVIDER: EAST VALLEY ADULT RESOURCES, INC. By: Title: Chairperson/President By: Title: Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation John S. Insalaco Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 10 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. Piz File ID: 14-428 Sponsor: Bryant Powell Agenda Date: 12/2/2014 Index: In Control: City Council Meeting City manager's report. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.6. Piz File ID: 14-568 Sponsor: Bryant Powell Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Presentation by and discussion with Larry Johnson, Executive Director of the Apache Junction Chamber of Commerce, on the 2014 Festival of the Superstitions. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 7. Piz File ID: 14-577 Sponsor: Kathy Connelly Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Application for acquisition of control for the liquor license for Food City#115 located at 1477 W. Apache Trail. The next step in the procedure is for the city council to hold a public hearing and make a recommendation for approval or denial to the Arizona Department of Liquor Licenses and Control. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 NOVEMBER 24, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: SUZANNE HENINGER, SENIOR CLERK SUBJECT: AGENDA ITEM FOR DECEMBER 2, 2014: APPLICATION FOR ACQUISITION OF CONTROL FOR LIQUOR LICENSE FOR FOOD CITY An application for Acquisition of Control for a Liquor License has been submitted by Michael Joseph Basha for Food City #115 located at 1477 W. Apache Trail in Apache Junction. Correspondence has been received from the planning department, building division, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. 0 ARVONA CDEPARTMENT or- uQu R L oiwsES& CONTROL ' 8.001N.Washin d -bth Floor +f �i tip= t�c_ c Ph 'ik:AZ ,ww�-2934- 7l}�, ' y AMENDMENT 'ttvww:aziiquor; 542 141 APPLICATION 50R'A ENI t-H'A IL.JA 3 UII WNTROL=RESTRUCTURE tiecic: Ap"ProprA& ' Agent Cb�e: o sfruotufle: coinp€ete Seetitians.t:Z;A& r` 1 4 _ '. . (See Nate 1 on hack). - Note 2 on back) , EGi7t?t�t 1 (COMPLETE.THIS ACTION FOR AGENT CHA€1GF,ACQUISITION OF CONTROL OR'RESTR€JCTURE). tSiarrl(3(lNE3rVIt�I1f1t OR E3(IST3Nt,Ar�'a�e r /� ?t °� CONTftULLIIVGFf4BER} MAT aas14 ;IVIICHAl cis ft ,-APM�L . Lasi gust Middle. Liquor License# 2:Q.Corpora cin EI L L.C: D WA > Corp,t=ile#? (�xai�Iy as ft appears ari Attiaie~x dl'�or ESctisles of Org•) . a Businass Name,_ fl Tim. ..'BusirieSSAti Less: a �— ( �: oAA;7- (Do.not use.P.O.Bay,Number) city COUNTY a Zip 5. Is the business loeated,within the i'ncarporatecl limits of the dbove citjr or#b"? Des Oka s Mairng Address: Cif :. T. I3trs4*ssAhone: -- R6 de6ce t'&5n6;•( 8. Does"k tral)Sacum.iriVpty�t)TG'sale of a»y per'-c� Corpora s o E� Q: ufa a coilit ed coW of n'tithes_ 9. Has&ere beet any ONO t___t+Wa. If yes,�.itbrnitacerded_'COpy of iniiiiAes. 'SECTION 2 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE:) Each person listed irc Sbctiori ICmttst sutimtt 8 personal tluestlisnnaire{Form L(ef}f 09)and a Oepaitmt'tT approved fingerprint card which may�obtained at the Dept..A perswr appearing'in both lists:need only subiTTit one questionrtaire 4r1d fingerprint card, I.. list iric{iv)dual owner or"partners or.all.directors;'OftimM in corp.,Me{tib rs in LLC'. Last First diddle,- Idle i jiieTwe Address G Shane ZI i I 2 !is#.sfarcr controtling,.me(ntteis.owning. wormomOicoroklL* Last' First' ftlCe.AddresS: State 4 , 1 . _ 1 (ATTACHADDIT€ONAL SHEET(S)IF NECESSARY) 11712,013 asanled 1n&gdw1s Mq WM speCW a.WW1rriaalVd0M Please call the Depar w* Date ReceiveAdA A�' � s _ ARIZONA DEPARTMENT OF LIQUOR LICENSES &CONTROL 80(J:1t r #?!ashirlg#O Sth 1 lOt -14 P 9 09r.Lic.P-t 9145 • :�� AZ�" uor ggy AMENDMENT ry www a liq APPUCATiON i=M AGENT-CHANGE`A` .CQUiSit-109-OF•GONTRQL-RESTRUCTURE Mock AV*BOX 6 opriate AgeRt change.; Ix fslbgP Ofi:Cofttroi Rl?sfructttt CggpWW Sections 1.2.3.4.6I. i cwnOefaSedf_ons I: (3,4 i['C{tiae9in9JLger��� ' �Sections 1A(3.4 W 0 i*4 A8 (See Note i on tiacic) -(See Note 2 on SECTION 1 MMPLEM THS SBCTION FOR AGENT 0 90F,.AG(61SMON OF.CONTROL OR RESTRUCTURE) 1. Name(INDNIDUAL OR EXISTING Ar-E NT(gno ager>f di**e)OR NEVV AGENT OR CORPORATE OFFICER M L Lc.coamot-t wa uEMBER)- BA_SNA WHA£L BA%M. J'?1104 2- Last F st Mae . Liquor License# PASHAS'INC d344605-4 z.C. t.�JL.LQ tj hljj gym.Mile (Ex IL*asj appeamoh ArDclesof Inc of A4469 of Oro.) Business Name. . (exr.�tyas#�ppears'.oRUo#�se) . A Business Address: ... - .. . (Po n9t tilw FP 0.Bqk.N=i?W Ctty cJ7urifiY Zp 8, fs the bush»"tocafed,uvrWin the incorporat0d iiimits of the.abovei-*.or.toWn? IN06 t IM, 6_ Mailing-Address: Cal' stata Au 7. Business Phone; (F-1} ,ReSidence Ptto. fi ) 8. Drzes.€his .'.Rsaee#tion irrao- a -..sae ..anyporirdn a cotpoTa e s oc c t YES-'�NO�P77�tfyes�.su a i e60,ed copy.of.minutes. 9. Has there bo66 any change of officers?EX YEa[]NG,[]WA•!f yes;sWrnit a-certifiedcopy of minutes. S!_G'nON 2 (COMPLETE THIS SWPON FOR AGENT GHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) Each person listed In Seddon fl rrif.tst•iubi nk a personal 4desborinaire(Form L1CQ101)and a Department approved fingerprint card which may be obtained atthe Depk A person appearing in both lists need only submit one questionnaire and fingeirprart cwd. .1. List hx%idual 6vner or partners oval{difectois.bfficets in'b*p..riiembers in C L Last First -Mi k9e,' TUe iZes}denceAddress C' State Ti r i (ATTACH AMITlOrJAI&iEET(S)Irf*M&% Y)• 2 1 st stockhoddars orcot3tF ring iriem6ers.oming 10%or more ofClarpUQ Last Rst ? Nlidfe %mod ffiesfifenceAddress C' srati= (ATTACHADDITIOK&SHEETS)IF NECESSARY) 1/7/20 93 oisablea to N*RWs mq-iV sPacW-ax-odatkm plea-CW 00 DepaMnerd oaoe Readuad ARIZONA DEPARTMENT A?f LIQUOR LICENSES & CONTROL '1-4 S' V 09r, W AM9ALW a9 4f0-h,&h Floor Pholmx'l:AZ"8�007-293�� c��` 4 ow. Dept €��-i}04 niryv�rr azllgl logo APPLICATION FOR AGENT 6GE .ION (3F ONTROL - RESTRUCTURE Check Appropriate = A } Box Agent Change I Afogws�#ion oorrol� ''� . Restructure Complete Sections 1,2,3,4,E lef�;SectoraS 1�2 (3,4f chartiguu7 Agers6; �mplete Sections 1,2,(3,4 if changing Agent),5,6 (See Note 1 on back) — 111 (See Note 2 on back) SECTION 1 (COMPLETE THIS SECTION FOR AGENT CHAR["ENT OF CONTROL OR RESTRUCTURE) 1. Name(INDIVIDUAL OR EXISTING AGENT(if no agent change)OR NEW AGENT OR CORPORATE OFFICER OR L.L.C.CONTROLLING MEMBER) .13 1Yl t C A L �05� O`311coz;:, Last First MiddIJ Liquor License# 2.`gCorporation ❑ L.L.C. ❑ N/A: &5 }A5 _—r fj(�_ Corp. File (Exactly as it appears on Articles of Inc.or Articles of Org.) 3. Business Name: ���" n4v4-115- Q R apprs on Vcen 4. Business Address: (Do not use P.O.Box Number) City T COUNTY Zip 5_ Is the business located within the incorporated limits of the above city or town? KEs ONO 6. Mailing Address: 7Q 1S9 C U aZ� City State Zip 7. Business Phone: Residence Phone: 8. Does this transaction involve the sale of any portion of the corporate stock? ❑YES D;�NO ❑ NIA If yes, submit a certified copy of minutes. 9. Has-there been any change of officers?❑YES�6NO ❑N/A If yes,submit a certified copy of minutes. SECTION 2 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) R Each person listed in Section it must submit a personal questionnaire(Form LIC0101)and a Department approved fingerprint card which may be obtained at the Dept. A person appearing in both lists need only submit one questionnaire and fingerprint card.` s 1. List individual owner or partners or all directors, officers in corp., members in LLC: Last First Middle Title Residence Address City State Zip i (ATTACH ADDITIONAL SHEET(S)IF NECESSARY) 2. List stockholders or controlling members owning 10%or more of Corp/LLC: Last First Middle %Owned Residence Address city State zip (ATTACH ADDITIONAL SHEET(S)IF NECESSARY) 1/7/2013 Disabled individuals requiring special accommodations please call the Departr%rTt pate Received t CS R � Jtl:IIUN .5 tl+UiYn'L.c1e lrUaJCS.i,vn r— e 1. If the corporation/L.L.C.is owned by another entity,ATTACH AN OWNERSHIP AND DIRECTOR 1 OFFICER 1 MEMBER DISCLOSURE for the parent entity. Attach additional sheets as necessary in order to disclose real people. As an Agent,will you be physically present and operating the licensed premises? ❑YES ❑ NO If you answered YES,you must provide proof of attendance of a Department approved Liquor Law Training Course within the last five years before your application for Aclent can be submitted. If"no"a manager with approved training must be submitted. SECTION 4 (COMPLETE THIS SECTION FOR AGENT CHANGE) To be completed by the INDIVIDUAL OR EXISTING AGENT OR CORPORATE OFFICER OR L.L.C.CONTROLLING MEMBER: 1. License Number: Date of last renewal: 2. Current Licensee or Agent (Exactly as t appears on license) Last First Middle I, hereby consent to the agent appointment named herein and (Print full name) agree to immediately assign a new agent in the event of the death, resignation,or discharge of this agent I also understand that if the background report shows that I, the corporation,or any officer,director, member,or stockholder have been convicted of a felony in the past five(5)years, I will immediately surrender the license to the Arizona Department of Liquor Licenses and Control and hereby waive all rights to appeal such action. State of County of X The foregoing instrument was acknowledged before me this (Signature of INDIVIDUAL/CORPORATE/CLUB OFFICER/MEMBER) day of Day Month Year My commission expires on: (Signature of NOTARY PUBLIC) SECTION 5 (COMPLETE THIS SECTION FOR RESTRUCTURE) Is there more than one licensed premises involved? ❑YES ❑ NO If yes, SEPARATE APPLICATIONS must be filed and fees paid for each lice nsellocation. Type of current ownership: Type of new ownership: ❑ J.T.W.R.O.S. ❑ J.T.W.R_O.S. ❑ INDIVIDU AL ❑ INDIVIDUAL STATE OF AR17pMA ❑ PARTNERSHIP ❑ PARTNERSHIP ,A,,,,'P.c« ❑ CORPORATION ❑ CORPORATION fA,,uyn ChmPvnAn ,sy cav +O^ t !t"Is ❑ LIMITED LIABILITY CO. ❑ LIMITED LIABILJTY ❑ TRUST ❑ TRUST ❑OTHER Explain ❑ OTHER Explain SECTION 6 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) To be completed by INDIVIDUAL OR EXISTING AGENT(if no agent change) OR NEW AGENT OR CORPORATE OFFICER OR L.LC.CONTROLLING MEMBER as listed in Question 1 Section 1: e L 0 , hereby declare that I am the APPLICANT filing this application. (Print full n have read the application and the contents and all statements are true, correct and complete. State of � 1^� County oAackntotwl �- X The foregoing ins rument wasd bef6refne this (Signature of INDIVIDUAL OR AGENT) day of Da Year My commission expires on (Sig of NO PU ) NOTE 1: The fee for an agent change MUST be submitted with this application. 100.00 for the first application and$50.00 for each additional application, not to exceed$1,000.00. (A.R.S.4-209.H) NOTE 2: The $100.00 fee for restructurelacquisition of control MUST be submitted with this application. (A.R.S.4-209.A) BASHAS' INC. OFFICERS TITLE NAME I ADDRESS CITY-STATE-ZIP PRESIDENT EDWARD N.BASRA III I 2618 E.Virgo Place CHANDLER,AZ 85249 CHIEF OPERATING OFFICER VICE PRESIDENT 16213S.29E Drive PHOENIX,AZ 85045 WAREHOUSINGIDISTRMUTION NIICHAEL J.BASRA STOCKHOLDERS STOCKHOLDERS ADDRESS CITY/STATE/ZIP % OF OWNERSHIP EDWARD N BASHA JR-ESTATE 15 BULLMOOSE DEVE--F CHANDLER AZ 85224 16.49 KAREN RISHWAIN 2350 MOREING ROAD I STOCKTON CA 95204 10.31 CONSTANCE VITALE 6658 E.INDIAN BEND ROAD PARADISE VALLEY AZ 85253 12.37 ED WARD N. BA HA JR -- ESTATE EDWARD N.BASHA,JR-ESTATE NADINE K.MATHIS-TRUSTEE CLEPK c--, L3 J DEP CERTIFIED COPY r� FILED 13 nrtY -3 'M 10: 50 ! IRIGUE7.LAw P.A. 1702 East Highland Ave.,Suite 202 2 Phoenix,Arizona 85016 Telephone(502)265-6016 3 Guadalupe Ihiguez,SBA 4004217 4 Anthony R. fbiguez, SBA-9017283 Attorneys:for Persottal Representative SUPERIOR COURT OF ARIZONA, MARICOPA COUNTY G In the Matter of the Estate o f } }`to F n L C 13 004 3 0 7 7 ) LDAVARDN, BAS14AJR, ) LETTERS OF PERSONAL S ) REPRESENTATIVE 9 Deceased. ) 14 I NADII E 1{AY MATHIS is hereby appointed its Personal Representative of this Estate without restriction except as follows: 12 13�t 'A'TTNESS• `AAY 0-3 2013 20 R (�•.0 r� „�Cc 14 - A.P.1 I-AE K.jEANES.C!v'i 15 w�tpF�R(Zp�if�tj�1 Clerk of the Sup Ror C in-t OF 16 17 G i b zputy Clerk 19 1�n'rr3s 20 21 T) w 7ha sor_�ui ;mun►ment is a Iu!!,iruc and correct COW 7� of�fr,en¢'nai i:n lri,in v s sflire. rther cc tdv'St me r` tStzir".-rA a,--;,c:�NRQ titer per _ f _ ort dlGh3(t ichdeiaSrC')A S1scut . ielters ca!'t nc k: i�ltE���__� j itlCti�f L . Jfil. s ,Fedor^o(at o tha Ctb!s of Arti na,0it 2t(vtariccp2 26 - 1 - RECORD r OEPARTMEWrO.FHP-AlL !SERil10E9-OFFICE OFYMAL•RECORDS 'a ' CfRTtF1CATE OF DEATH State,'FIEs Flo: tOz.z #s 013 r s." s 1.DEMORSIM LEGn WIE(FlRSr.WODLF--IAS,' T.a 2AKA-S VA Y) 3 GATE OFDEl1TH - IA+ARO NAJEEI3 aAsHAJig MARCH 26 2013 7. ry$OpAlST (lRIiY._ 4DATE OF8(RTf UNDER i YFM UNDER 1DAY' aMDNTMS Q.DAYS • - 10.►IOURS 1LAAKrM _S - 1z P1 AC1!CP bEA11i;HtlSPITAL . a.'• }.. 13 OFOEATH- HOSPR"AL. ®n kliEior Q�.i burJ'�T ` •.'EA.ONgRll.- pNGHOMFOR-LOMTER4�R prrosP�FiCft=0a m 1C FACtlRYNMtta(OA 9TFiEEY'ADDRE"IF.NDUA PACtCRY): J MYMVAZW CODE OR LOCAIVROF06ATtt "1S COUNYDF MOW MARiCOPA 17 H CB(¢ AND STATEORf;M M RY) ALSiiNt AT OF 1B.NlkMEOFStAWIVA'GSPOUSi(MAMEN MAE&W:E). faE ARIZO - ' btARRIE NADINE KAY.MATiiIS 20:Dl:CEOEh'[5U5�lAl E IDEAICES_TRW AODR595:• Yi.CDY AND - 2Z$TA7E 2i.bP COOS'24 EV9t RIiHE ARIdED... RORCES ss N BULLMOOSE'IR• ,. CHAr�o Ilamwok AM aazxIc NO 2S-WAS-DECEDENT OF!1!9?,ANIC ORr#N7 2¢.DECEQMQS RACEMI: 2Y•F� /d3,T ORALASYA tGarvE .L8.-NO.NO75PANIStL►iiSPAWCOR!-ATM :. WHTTE ..::. p'p'FfjER.A$TiM. J p�rinteL i'RRtA/�.OR 6p1ollEl f:1-YE$-NF•YICAN fi4kxlC ^MEi!CyNi>rWCAW ? 13 M ACK ARi�At1.AId9yICAN .. •t' •• . 1]NATMPAWA2A!( D YFS.piidtl Q RICAN KDM- L7L771iER PAC{AC (SPC�FY} ACWJtow tit gYes cx+a w c•a ctie Clii6 iSPEGIF�} OF r '. : .13 -.s� OR a DRtETi h Af7 t[pHALTRIBE l7alNKNCNN ' O•� z '' a... A: n.• zA.OLYX1pATiCgt { 0YlET}VAN}ESE, - z 13 MMOAN Ad01T1lpFt.�TRBFc. , btECUTV1 { 'a.+w+sfcANaihta':9.atiAi:.s�uN�Tnr� a, _ =>, c 29 FAT�S?S NA►.tEQFJR�MtDOW LAST) { „;y 30.ANITHERS NAI1�(FglST At1DDt♦x,BLAST NAME PRIOR TO FIRST AIARRUIGQ -- E!)1YARt)Nf1JEE9 KASHA S)2 t v ESM(I.ABRAiiAM... S1;JNFORh(ANI"S NAME i. 521iH71710N5111P 1NFQASIANT'9, .ES�'• _ WAtSU NfA if t �_ ' SPOUSE 4b N BULLTyT SE CIR.:CHANot-ER.MIZONA 85724 ' a%t4Ati�ANO AODREBS.QFFt7NEiL1ti FA41kJTY: : 45 F1lNERAIL. - 3s UCEN8E - --. BIJEFER. OkEFMtORTUARY74WES.TFNt�DRIVE GHAN© CON3(NitE`�Q. ETNEFF.FU�SEftAt - N C �R. OIRECTOft'F F1085 37 aAE71iW(S1flFgtSPOS1TIOI�L 'S�.NAMeANDLMATtOKOF M [t10NFACIL[TY 90 �hNO�O�ATSO�fOf>:ndWSP06RiflN'FAC81iY: :, ;P-nRADISi ktaORIAL61EA gRY,INQ WOTL&nflfl ,go- CRidii r�:, aRlzo t 7. .} :;, 'eta ,M: .�'i'i('.ik :•i^Y' D[�'CK 'f �'.� %aY•�r:=Vat• ;K e: t:YN.."'i,1w+•l e:!;-j -S6P y j PAMEDI`T 1 ' +,Sr" t'` ! i1.AFPR9XIMATEIATERVAL .... "�, {, .0 I EI?}G SlibCf4' -• '.`.. UNKNOWN. (7(/ETO MA5r4 §aYnB r•::;:? °r t_z sz:' A?PROXIMAT21N1ERYAL CONSEOLiEtiOEOEa,-.?:! t•_: � i �.• �`�... ' : .. '� .. . .. GO An1ED PERFOLtA APPENOIC(Ta AND POSSIBL12iACTEREMIA AN13 PENAL FALL(JRE tMNOWN AS _c 444q �. `'•. 45.APPROX"ATEWMWAL• r8 �S'EVERE X+ULIAONARY,HYPERTENSION CiiRON1C HEAfFC:FAItiuRL .:UN1CNamDOE TO 0 t t L`CIi'.iSlA' A'CF,$. •�D •: ' ' 47. XlMATE lRERYAL .y. •;,+R•++w.,;az• 2,,F _<CPI.ryx,+^` !Z P• : EO o a'ARiD' 'ra[H :4H. J• hS` ?},'- t.,iS�'_tr.+s^:a• ; 49;•OTHFTt$IGy1ftGAN7.. -NDI CONMMUriNGTQPEATHBUTfDTRE8t1LTx•� 4B.INJINiYt SD,kWRYAT •Y.51.MNJFIER DEATTi52:7W �0€J1TFl _YITIPyQNOr�iPING Xgpy� NO NAiURAI.DEATH 512 r i - _ A.Y�SANNff�SY '• S4tl'816lUitarALFlAt4+�.E7G `' K •C119'1J=1E`t}�CAV96iFLrATX1� { C}iR NIGRl1Bt3`.H#•ARTFAIwR SLEEP>APNEA,RTTilALF1BRItiAlION . ArEs. 'ES w Cp WR Ae0011Fwbr/Plry. i rot-bad'a$my S5:NAMEOFP OOM%FTWG1ChU9�OFDElF7Hx •• 'S6.RATEC£RTIFlEO;.'. �` ndDe�due tOtl»eauFb(d sad aAuwtea at?�9d-- - �F 1AEatoal rr Atdbvr7y �+6bea15aterantlnadoci. II;:tutdkaLatak>p 9i- d�owfaaa4 �4 data.imJ _ .dUe tptba arroer s>>iteaL ? } pt.w.aaw jut ZE1 b. ' 44l08C1013 'yi:O1�EFtS DqE 5&NAb1EOFt TRAIL %.DATEREQt$TEi wort= STE oz ix�azesoo62665 ICHELEt:AS At+lEOA 0061/zai3 . pAT'E($SUEU•'iM�2l2O13 ,w a -v _ .Yhls,ia'trueeetPfl4llenp(the•tactsonfiewllhtltlOFFCt t�FVf7AT.itEC.Uk[35, "PA71tt=ADAMS- t �iSRIiOt>AOEPART'A+{ETITbFFffill7f{SERYICB.fHOSall4ARAZONA. 1 1'AtT'�"SYAT9JIMMAR F#T_- �rA,��sed46i4Df0 1 CbPynptw+(IdJ #piepxedonafurmdfiplt�ylngtm--b*Se3Famimpmm;edwhh(Itea>wWlafJheisaoingagency ti AREZONI{DEPAkh"T-i C(QUOR LI£'1 NSES&CONTROL 600"W Washington 5th FIDOr Phoenix AZ7 85007 2934 002)542-5111.1:.� i�11f l E �, � AtteLAY otion all Local'Goverhigg 8ndles_ 'Social-Securi V-. n is Confidential. This information may be given toCotes iki4 enforcement agenciesfor the purpose o e be blocked to be unreadable ptlor,to posting -Read carCfuflY ,TftisAns :' t' a pe.oc print with BLACK INK Aa extensive'investigattort of you c q _t False or Incomplete answers `could result in criminaf"proseauW0 d. FS k ent revocation of a license or permlt • -en . _: . t'G 8> AtdfyCETEi7 BY IaaCll CONT RCLCWG t�istarf AGE r}. ON COMPLETING THIS FORMMUST SUBMETAN 'APPL1CANT'TYPE.FINGERPRINT CARD AVAILABLE AT TH APAROVeb CARDS ARE ACCEPTED FRom LAW. . DAMRCB ENT AGENCIES,BONA.FLOE FINGERPRINTS t� LIQUOR THE DEPARTMENT CHARGfrS A St3 FED=. in addltronto&fter fib g*. print fees,a$22 ASPS baclr lollmccj theck -be charged for each U Uor Lidei nsel fin print card.' q T ie"f w,q-a!W}�rei3lttirtA l�S $ SB; v+n llsechamed for at-01Pitored checks (tr the location Is cwmndy licensed) 1,Check : '(]ContmIltrig l mKm Aq&# CJ Manager(Drily) . abproprtate (Complete Questions 1-19) (Complete All Questions 92kM#14,14a$21) .box----] Cotiirolling Person or Agent must complete#21 fvr a Manager Contiolftttg Person or Agent must complete#,21 2 Nautcai1A Date of Bath Last, Fnt. . Middle QT a/P�ubtic Record) 3_Soda)Ser utiiy Number ■ Drivers License State: jj (NOa a.pub reto -y �'r [� (ROl a ppbtic Ord) 4'.Place of f3itih _1 L1� Hei hf r 4Veiglit Eyes: ']f H % City We '+Coup (not cod*) 6L Name of4;Off6nt or-Mod Recent Spouse° Date of Birth:�I (Us(an for fast o you m-Us*--additional sheet if ne ryI Last FusC Middle Maiden NOT a p brie record) i_ You area bona fide resident of.what•state?. .7. 0liztma,date of to'siideency: TAeP6ne number to contact Vou during business hours for ar rL Z�tylfor c i o ,.if yore have been an Ariiona res�t for less than ttweo(3)months,subrjt a copy ofyour Arizona drivees license ur.voter cegisfaVioncard, [a- N to a of Licensed P.remtses: Premises Phone: Location of Licensed Premises Address: I1.Phi Luca oeP , - Street Address '(00 not use PO Boa City County $ Llst i- or b` of ttsli less durmg ttie *0 if Lit w— of the :` W those dates:-List Most recent 1st FROM - 10 JEWILOYEirS NAME;OR NAME OF BUSINESS Iblorri(ttYear , MwWYear Ok puslNl ss (street address.a'ty,state b zip) ;< _- '�'- az. AT. C H ADORIONAL SHEET IF NC-PESSARY FOR EI7 HER SECTiON+. rrK%ICete VOWresidence address for the last five eam -FROM' M - Rent or RESIOENnALfteetAddress _ 1{AortCtlYeaF INat Wear• Own If rentetf afta*adddional sheet wilt naR�e address ffird number of tarirLorif. City to to F v � \J 6. `✓ (� U ,I 10.2012 Disabled in&viduals requiring special accommodations,please call the Departmertt,(602)$42-3027 '14 IP 1? Ligr. ANUMkNA DEPARTMENT OF LIQUOR LICEN,S C i�E O } fi .34 54 800 W Washington 5th Floor s Phoenix AZ 85007-2934 _:(602)542-514A, Attention all Local Governing Bodies: Social Security n is Confidential. This information may be given to local law enforcement agencies for the purpose be blocked to be unreadable prior to posting r - Read carefully. This ins tru is a *Type or Fnnt with BLACK INK An extensive investigation of you cIt cQ ucfea. Fa se or incomplete answers could result in criminal prosecutio ' ' " ent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGE QN COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPL FINGERPRINT CARD AVAILABLE AT BI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SE LIQUOR. THE DEPARTMENT CHARGES A$13 FEE. In addition to other fingerprint fees,a$22 DPS background check be charged for each License # fingerprint card. Liquor'`��The fees allowed by A.R.S.4 44-6852 will be charged for all dishonored checks. ©q [ Qol _ (if the location Is currently licensed) 1.Check ❑Controlling Person Agent ❑ Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions excep #14, 14a&21) box --11P Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2.Name: A�H 11 M C C H A E L S F- Ph Date of Birth: Last Fast Middle a/}P�ublic Record) 3.Social Security Number rI. Drivers License# State: Z (NQT a public reco ) (NOI a p}rblic record) 4.Place of Birth: fyy� Height:�_�c Weight:1� Eyes:&AHair: - -City tate- -- C�une u try (not-couflt — -- 5. Marital Status ❑ Single❑Married XDivorced Widowed 6. Name of Current or Most Recent Spouse: Date of Birth: (List all for last 5.years-Use additional sheet if nec ry) Last First Middle Maiden NOT a public record) 7. You are a bona fide resident of what state? )9 Z If Arizona,date of residency: q �, 8 Telephone number to contact you during business hours for any questions regarding this document. -{q(2`a ? 9. If you have been an Arizona resident for less than three(3)months,/submit a copy of your Arizona dnvei's liicerise brvoter registration card. 10. Name of Licensed Premises: f Premises Phone. —7 11.Physical Location of Licensed Premises Address: Street Address (Do dot use Pb Box#T 13ity Countya5aa---Xp 12.List your employment or tV ae of business during the past fire years.If unemployed part of the time,Est those dates. List most recent 1 st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 7 CURRENT ao s as ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence address for the last five f ears: FROM To Rent or RES[DENTIAL Street Address Mondi/Year Month/Year Own If rented attach additional sheet with name address and phone number of landlord State z' =IN �. ` CURRENT `a �� t1 c IQlit 115 -P-12 1pn1 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? DYES N10 If you answered YES,how many hrslday? ,and answer#14ilbelow. If NO,skip to#15. 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Bust provide proo# OES ❑NO 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 ci ed. arrested, indicted or summoned into court for violation of ANY law or ordinance, ❑YES�IVNO 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 XNO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints. 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager ES ❑NO EVER had a business, professional or liquor application or license reiected, denied, revoked. suspended �" or fined in this or any other state? 18. Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or ❑YES �(NO misrepresentation? 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, > 'ES LINO 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 statement Give complete details including dates, agencies involved, and dispositions. .SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. 1, fa Sa— Is h �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. X State of County of {Signature of Applicant) The foregoing instru t was ackno I dged before-me this NOTARY^RlZ<:C , SPATE OF AR1�=0NA _.�`�_day of M_J..J_cewKr Marilyn Chaprt►a Mort Year My Cm-,-ion F,ww+ r w,mm.r 1 ay Ninth Year S� na re ofNOTAR PU ) 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 beat least 21 years of age. State of County bf The foregoing Instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year Print Name (Signature of NOTARY PUSUC) My commission expires on, Day Month Year '14 t_P T _ x f, ;3 6 j AMENDMENT t i f t Arizorn$l aTtitt'etrt pf Ugrtbr"Lice tse d Cbirtrol. . 800 W.1VihinptDrt-.Slh.:Floor Pboeaix,,A&W9.85W-f Dear t;,iceiisd Technicim-. Ila!;cori lmuaic4da ism apswe a to Qgatibnnaire 1 j for each Offieet 4vas6se Cee: Lisa btleity me-violations Bashas!basreeo[ved for thtIgtiwo years at various locations, Violations prioctoI9g3m*on file at-Bashas'Distriburicn Ccuter.,200 S a6'h Street,Chandler,AZ 8522& DATE STORE LOC477ON (/701,4 ION Prbrieary a,T947. 09070029 Bashes'#5 Sale to Minor 3131 E.Indian Schobi kd, oenbl-AZ December IQ,1998 09ti9w BhArW 44 Sakto Minor . 3fl11N.1'ioitYicc,. Casa Grande,AZ December 17,I948_ 09120003• Meraadoa#60 Sale to Minor 450 Grand Court P1iira Dr. No ales,AZ December 17,f 999 09MI0i3• Uashas'#43 Sale to Minor ! Fountain I•lills,AZ, Decem*21.1999• 09070759 13asbas'#47 Sale to Minor- Fountain t lilfs,AZ Augost2,Z000 f 09D70254 I3aslras'.#84 Sale to Minor' s bilbcrL AZ i -cif Bashas' Adaachfict].Basha i Agent e k i t s t y r '14 SEP 22ti' ',tit,i t11 7 Arizona Department of Liquor License and Control 800 W.Washingtbn-5th Floor Phoenix,Arizona 85007 Dear License Technician This communication is in answer to Questionnaire#18 for each Officer of Bashas'Inc. Listed below are violations Bashas'has received for the last two years at various locations. Violations prior to 1998 are on file at Bashas'Distribution Center,200 S.50 Street,Chandler,AZ 85226. DATE LICENSE# STORELOCATION VIOLATION February 5, 1997 09070029 Bashas'#5 Sale to Minor 3131 E.Indian School Rd, Phoenix,AZ December 10,1998 091I0004 Bashas'#4 Sale to Minor ON-Flor-ence Can Grande AZ December 17,1998 09120003 Mercado#60 Sale to Minor 450 Grand Court Plaza Dr. NogLaIS AZ December 17,1999 09071013 Bashas'#43 Sale to Minor Fountain Hills,AZ December 21, 1999 09070759 Bashas'#47 Sale to Minor Fountain Hills,AZ August 2,2000 09070254 Bashas'#84 Sale to Minor Gilbert,AZ For Bashas' Michael I Basha Agent i 4-1 9 6ASHAS'LIQUdR LICENSES e11 v2p14 117 20050 N.67th Avenue Glendale AZ 85305 190790188 7070287 MARICOPA Dec 2014/Feb 2015 118 1503 E.Thom son Peak Parkway, Scottsdale 85260 9079017S MARICOPA Dec 2014 120 7586 W. Thunderbird Rd. Peoria AZ 85381 9070030 MARICOPA Dec 2014 121 150 N. Main Street Ea gar,AZ 85925 9010024 APACHE Ma 2015 122 2805 E. Skyline Dr. Tucson AZ 85718 09109002S 7103001 PIMA Sep, 2014/Oct, 2014 123 822 S.Alma School Rd.,Mesa AZ 85210 9070656 MARICOPA Dec 2014 124 2600 W. 16th St.,Yuma AZ 85364 9140004 YUMA July, 2015 127 23413 S. Main St., San Luis AZ 85349 9140046 YUMA July, 2015 128 13940 W. Meeker Blvd., Sun GijZ West,AZ 85378 9070060 MARICOPA Dec,2014 130 15115 N, D sart Rd., Litchfield Park,AZ 85340 ( 9070374 MARICOPA Dec, 2014 132 2709 W.Van Buren St.,Phoentx,AZ 85009 10075024 MARICOPA Dec, 2014 M 133 3030 E.22nd. St.,Tucson AZ 85713 9100225 PIMA Oct 2014 136 5114 W. McDowell Phoenix AZ 85035 9070119 MARICOPA Dec 2014 136 1225 W. St.Ma 's Rd. Tucson.AZ 85745 9100233 PIMA Oct 2014 PJ 137 15367 W.Waddell Rd., Su rise,AZ 85379 9070239 MARICOPA Dec,2014 139 11740 W.A JoWay,Tucson AZ 85713 9100021 PIMA Oct 2014 140 16544 W.Thomas Rd. Phoenix AZ 85031 9070372 MARICOPA Dec 2014 142 6020 N. 59th Ave. Glendale AZ 85301 9070404 MARICOPA Dec 2014 143 4430 E. McDowell Rd. Phoenix 85008 9070616 MARICOPA Dec 2014 148 3205 E. McDowell Rd.#28 Phoenix 85008 9070632 MARICOPA Dec, 2014 149 6025 N. 27th Avenue#13 Phoenix 85017 9070631 MARICOPA Dec 2014 151 719 E. Ft. Lowell Tucson 85719 1 9100025 PIMA Oct 2014 152 14727 E.Southern Phoenix 85040 9070643 MARICOPA Dec 2014 154 9020 W. Thomas Rd., Phoenix 85037 9070647 MARICOPA Dec 2014 155 9925 E. Baseline, Mesa 85208 907 7705 1 MARICOPA Dec, 2014 156 1221 W. Irvin ton Rd. Tucson 85714 9100032 PIMA Oct 2014 157 725 W. Baseline Rd. Temps 85283 9070132 MARICOPA Dec 2014 158 5621 N.7th Street Phoenix 85014 9070660 MARICOPA Dec 2014 159 4430 E.Camelback Rd.,Phoenix,AZ 85018 0970659S MARICOPA Dec 2014 160 2000 W. Rlver Road Tucson AZ 85704 9100088 PIMA Oct 2014 161 4040 S. Gilbert Rd Chandler AZ 85249 9070459S MARICOPA Dec 2014 162 845 W. Southern Avenue Phoenix AZ 85041 9070618 MARICOPA Dec 2014 165 428 W.Valencia Tucson AZ 85706 119100242 PIMA Oct 2014 171 2000 E. Irivington,Tucson,AZ 85706 9100035 PIMA Oct 2014 172 99 S. Higley Rd., Gilbert,AZ 85296 9070015 MARICOPA Dec 2014 173 18271 N. Pima Rd.,Scottsdale AZ 85255 9070035 8 MARICOPA Dec, 2014 i BASHAS'LIDU R LICENSES 9/1112 14 2 339 E. Brown Road Mesa AZ .85201 9070044 MARICOPA Dec 2014 3 3320 N.7th Ave. Phoenix AZ 85013 9070117 MARICOPA Dec 2014 4 300 N. Florence Case Grande AZ 85222 E 9110051 PINAL Aug,2014 7 8035 E. Indian School Rd., Scottsdale AZ 85251 09070033S MARICOPA Dec 2014 10 1342 E. Main St. Mesa AZ 85201 9070032 MARICOPA Dec 2014 j 11 4855 E.Wamer Rd., Phoenix,AZ 85044 9070039S MARICOPA Dec 2014 12 2124 E. McDowell Rd.,Phoenix AZ 86006 9070034 MARICOPA Dec 2014 14 1954 E. McKelli s Rd. Mesa AZ 85203 9070083 MARICOPA Dec 2014 15 10631 N. 32nd St., Phoenix AZ 85028 109070741S MARICOPA Dec 2014 16 8423 E. McDonald Dr.,Scottsdale AZ 85250 9070027 MARICOPA Dec 2014 18 2700 S.Woodlands Villa a Blvd, Flagstaff,AZ 86001 9030045 COCONINO May, 2015 21 1162 E. Florence Blvd. Casa Grande,AZ 85222 9110023 PINAL Au 2014 22 10715 E.Apache Trail Apache Junction AZ 85220 9070038 MARICOPA Dec 2014 24 1010 E. Broadway, Needles CA 92363 237400 Oct 2014 i 25 450 E. Southern Ave. Mesa AZ 85204 1 9070045 MARICOPA Dec 2014 T' 26 1005 N.Arizona Ave, Chandler AZ 85225 ! 9070048 MARICOPA Dec 2014 28 160 Coffee Pot Dr.,Sedona AZ 86336 ; 9130003S YAVAPAI Au 2014 30 3360 Andy Devine Kln man AZ 86401 9080004 MOHAVE Jul 2015 37 1051 E. Highway 279 Cottonwood AZ 88326 9130004 YAVAPAI Aucl, 2014 40 2323 W. H . 70 Thatcher AZ 85552 9050015 GRAHAM June 2015 41 1845 N. Scottsdale Rd. Tempe,AZ 85281 9070652 MARICOPA Dec 2014 43 10325 E. Riggs Rd. Sun Lakes AZ 85248 9070591 MARICOPA Dec 2014 46 23760 S. Power Rd. Queen Creek 85242 9070121S MARICOPA Dec 2014 ; 47 16605 E. Palisades Fountain Hills,AZ 85268 9070759S MARICOPA Dec 2014 I 48 1761 E.Warner Rd. Tempe,AZ 85284 9070052 MARICOPA Dec 2014 49 850 W. Finne Flat Rd.Camp Verde AZ 86322 i 9130005 YAVAPAI Aug,-2014 51 1122 N. Higley,Mesa AZ 85205 1 9070054 MARICOPA Dec 2014 52 115310 N. Oracle Rd Tucson AZ 85739 9100144S PIMA Oct 2014 53 650 N. Main Taylor,AZ 85939 9090005 NAVAJO May, 2015 54 Nec Highway 260&87 Pa on AZ 85541 9040033 GILA June 2015 55 275 N.Te ner St Wickenbwg,AZ 85358 9070260 MARICOPA Dec 2014 56 21064 W.Main Street Buckeye,AZ 85328 1 9070666 MARICOPA Dec 2014 60 450 N. Grand Court Plaza Nogales,AZ 85621 9120003 SANTA CRUZ June 2015 61 11836 S.Val Vista Dr., Mesa AZ 85204 9070031 7070774 MARICOPA Dec 2014/Feb 2015 63 7141 E. Lincoln Dr. Scottsdale AZ 85253 9070258 7070156 MARICOPA Dec 2014/Feb 2015 j 64 5017 N. Central Ave. Phoenix AZ 85012 09070253S MARICOPA Dec 2014 i 65 1020 Arizona Ave. Parker AZ 85344 9150005 LA PAZ July, 2015 66 16889 Tom Darlinaton. Carefree.AZ 85377 1 09070271S MARICOPA Dec.2014 i BASHAS'LIQUOR LICENSES 9/11r2014 67 1000 N. Humphreys Blvd.#112 Flagstaff,AZ 86001 9030017 COCONINO May, 2015 69 3923 N. Flowing Wells Tucson AZ 85705 9100231 PIMA Oct 2014 70 10105 E.Via Linda#10 Scottsdale AZ 85258 19070261 S MARICOPA Dec 2014 71 6900 E. Sunrise Tucson AZ 85750 1 9100028S PIMA Oct 2014 73 2864 N. Power Rd. Mesa AZ 85215 1 9070042S MARICOPA Dec 2014 75 r23251 N. Pima Rd. Scottsdale AZ 85255-4315 9070354 MARICOPA Dec 2014 T, 77 2950 S.6th Ave Tucson AZ 85713 19100215 PINAL Oct 2014 79 8360 N.Thom dale Rd. Tucson AZ 85741 Tq1000.3o PIMA Oct,2014 82 5311 S Su erst€tion Mtn.Dr. Gold Canyon,AZ 85219 9110 556S PINAL Aug,2014 W' 83 325 E. Main St. Avondale,AZ 85323 9074000 MARICOPA Dec,2014 J 85 1920 W.Chandler Blvd.,Chandler AZ 85224 9070478S MARICOPA Dec 2014 87 7131 W Ray Rd.Chandler,AZ 85226 9070387S MARICOPA Dec 2014 p, 88 11763 E.White Mountain Blvd, Pinetop,AZ 85935 9090037 NAVAJO May,2015 �s5 89 112321 W. Grand Ave., El Mirage,AZ 85335 9070259 MARICOPA Dec,2014 90 31311 N. Scottsdale Rd.,Scottsdale AZ 85262 9070342 7070095 MARICOPA Dec 2014/Feb 2015 91 105 Main Street Bagdad,AZ 86321 9130018 YAVAPAi Aug,2014 92 1172 Plaza Morencl AZ 85540 9060012 GREENLEE June 2015 93 11450 N. Dysart Rd. Avondale AZ 85323 9070700 MARICOPA Dec 2014 94 3442 W.Van Buren St. Phoenix AZ 65009 9070W MARICOPA Dec 2014 95 1040 W. Indian School Rd., Phoenix,AZ 85015 T 9070415 MARICOPA Dec 2014 96 1338-40 E.Apache Boulevard Tempe,AZ 85281 9070112 MARICOPA Dec 2014 97 20745 N.Scottsdale Rd.,Scottsdale AZ 85255 190701288 MARICOPA Dec 2014 99 10111 E. Bell Rd Scottsdale AZ 85260 19070003S MARICOPA Dec 2014 100 13276 N.Swan Rd. Tucson AZ 85712 9100131 PIMA Oct 2014 102 120351 N. Lake Pleasant Rd., Peoria AZ 86382 f 9070395 MARICOPA Dec, 2014 103 14239 W.McDowell Rd.#10 Phoenix AZ 85009 9070651 MARICOPA Dec 2014 104 13202 E. Greenway Rd, Phoenix AZ 85032 9070737 MARICOPA Dec 2014 105 13514 W.Glendale Ave. Phoenix AZ 85051 9070265 MARICOPA Dec 2014 107 7227 S. Central Ave. Phoenix AZ 85042 9070269 MARICCPA Dec,2014 108 1831 Kiowa Ave. Lake Havasu Ci AZ 86403 9080019 MOHAVE July,2015 109 21044 N. John Wayne Parkway, Marlco a AZ 85239 91 10004S PINAL Aug, 2014 110 1133 N. Ellsworth Rd Mesa AZ 85207 9070473S MARICOPA Dec, 2014 111 85 S. Hi hwa 92 Sierra Vista AZ 85635 9020056 COCHISE June 2015 112 11300 San Antonio Ave. Douglas,AZ 85607 9020032 COCHISE June 2015 113 731 E. Union Hills Drive Phoenlx AZ 85024 I 9C70037 MARICOPA Dec 2014 114 1240 W. 8th St.,Yuma AZ 85364 1 9140C38 YUMA July, 2014 115 1477 E.Apache Trail Apache Junction 85222 1 9110062 PINAL Au 2014 1i6 3269Mar1cooaAv#120 bi gnAnnngS I I MnHAN/F I i,ov )nv; � � 14 fit; S T f. AMENDMENT ARIZONA'srATEMENI`-dP CITIZENSHIP OR ALIEN STATUS*FO$STATE PUBLIC BENEFITS Title IV of the federal Personal Re_sponsibiliity,a`nd,Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U.S.C. § 1621, r"ovides that;.wit- i�certain- exceptions, only United States citizens, United States non-citizen nationals,.nori=exempt.: "qualified afens" (and sometimes only particular categories of qualified`;:aliens}`;,.nonimmigrant ,cSnd certain aliens paroled into the United States are eligible to receive state; qr Ioccil:public benefits. With certain exceptions, a professional license and commdreiaL license-,issoed;-'by, a State agency is a State public benefit. Arizona Revised Statutes § 41-1080 requires;-in general, that a person applying for a license must submit documentation to the license agency that satisfactorily demonstrates the applicant's presence in the United States is authorized under federal law. Directions: All applicants must complete Sections 1,. II, and IV. Applicants who are not U.S. citizens or nationals must also complete Section III_ Submit this completed form and a copy of one or more documents) from the attached "Evidence of U.S. Citizenship, U.S. National Status, or Alien Status" with your application for license or renewal. If the document you submit does not contain a photograph, you must also provide a government issued document that contains your photograph. You must submit supporting legal documentation (i.e. marriage certificate) if the name on your evidence is not e same as your current legal name. SECTION I-APPLICANT INFORMATION APPLICANT'S NAME (Print or type) MICHAEL JOSEPH BASHA TYPE OF APPLICATION (Check one) 8 INITIAL APPLICATION ❑ RENEWAL SECTION 11-CITIZENSHIP OR NATIONAL STATUS DECLARATION Are you a citizen or national of the United States? ® Yes ❑ No If Yes, indicate place of birth: city PHOENIX State (or equivalent) Country or TerritoryMARICOPA if you answered Yes, 1) Attach a legible copy of a document from the attached list. Name of document: PASSPORT 2) Go to Section IV. If you answered No, you must complete Section III and IV. 1 of 3 AP112014 ARMONA.STATEMENT OF-,01IZENSHIP kALIEN ST€ ATUS FPR.S1:ATE PUBLIC BENEFITS -titfe.lll=of the federesl Pe rid kosponsibil fy.ancl,:ft Opportunity Recari0d ion Act of t�6 {the"Act"r,8 U.S.C. . 1& t', provides that,:inrith certain;excepf ions, only-United States citizens, Un ecf :States r D-ra�tizett nationals, r�ot�=exempt: "qualified aliens" :Jgnd `ometin -ontr, .pa�tculdr cgtegories. of quarfied.aliens); nonimmig ant and certain Miens. poroled fnta th U:nifi'ed States_cte' 'e4r9bloto receive-sta'to or local public benefits:. With certain oxceptioris, -prvfessfogpI license: grid Cdii mercial license issued by a State,agency is a State: 'pubiiei beneflt, w . -Arizdna-Ku Statutes 4k1060.tequires, iri generai,,that Q porson applying fnr�a licaens must` submit d5wmenfatioo to the license.agency ttidt satisfactorily demonstrates the '00p9cont's presence 1rithe United States.is authorized under federal law. c Direatiions: All applicc(irtt must carFtplefe Sections I" 1I, and;IV_ Applicants who are not b-S. ciiti ens or oattonals must also.complete Secf on III. Sulsrriit MR completed forts- .and ci Fgpy .of one or-more:_documenf(s) from'the at!dched '&idence of U.S. ;Citizenship, U.S..National Status, or A#&n. Status' with your application for license or rertei Or , If'-tho:document'you submit does riot.contain d photograph, you must also. provide a gov'e'rnriierit ts5ued document. !hdt contains. your, photograph. You .must s:ubrrrit supporfing, legal docomehfdtion (i.e: riirarriage= certificate) if"the name on your —�v3�enceas-r�af�h�.saw-:as�refl#-Iegc-tl-:n. . . 17 SECTION I-APPLICANT INFORMATION APPLICANT'S NAME (Print X-type) MICHAEL JOSEPH :KASHA T1.Pi-OF APPLICATI£3k (check onol '0 INIfIAL APPUCATION C7 REt4 AL SECTION it-CITIZENSHIP.Ott NATIONAL STATUS DECLARATION Are yore a citizon or.rit:"#ionot of the United Sfiafes? Yos No If Yes,indicate place Of birth: PHOENIX MARIcoPA .City oC.egtnirdle its Country orTerhtory If you.-atlsweted,Yet 1.1 Atc�ch .a legible spy cif d documerif from:�K__ the o f(iched N,Qrne of dc(tument* 2) Grp toSOGW rt IV, if you answered No, rinusf complete Secf on ill chd Ill,. Z•s�f3 • . . . Aprt'��014. $�EPYtON 01 STATUS DECLARATION . To be.comp(efed by pj:�plicants who are-not citizens &.nafionals of the United Stufies:. Please 'lndtcat,,-,a$en status by checking tho appropriate box. At•tach.a legible copy of a' document from—the.oftached at or dth r'documeni as evidence.of your status, Ngrt of-document-provicier Quctlffled Seri".Status (8 L1.5 C.§q.: 1,627(a)(t),-1.641(bland{c)) 1.. Ail.alien lavrfully-adrxiitted for peimpnrjt"resi' ence":trader.the Irrmigrttiot ands I otionarity-Acf(INA) Q 2- An c1lion:who"is.granted asyrlurn under Septioh.208.of the INA. • M. 03. A tefugde-adinifted#o.the United States under Section 207 of the INA. � ro 0, 4, An alien paibled into tfie United Sfafies'for ff•ieasf brie year under Section 21'2(d)(5) of the:INA, Q 5, .An alien whose deportation is being wifhhe' ld under Section 243(h) of fhe-INA.. 0. 6. An alien grcinted poridffonal ehtry under Section 203(a)'(7) of the. INA 't t3n,effect prior to Apal 1.,:19ft. M, • .a ian w a>is a Cuban .Haitian 0trdnf, CI Q. An.gtien who tlasy or whose ehflcl ar c4l(d's parent is a "battered_mien`'.or❑n o ien :.subject�extreme crtaielfY in,ttie:�lniteci Stafies. ":. I Nonim o6rant Status (811.S.Q. §- 1621(a)(2)) 0 9. A-n©nirnrrligraht under the Immigratibn.and Nbftbnality Act (8 U S.0 Nonimrrfgrarrits orb persons whiy.have.:terriporary,status for a specific purpose. See 8 U:,S.C- $ ,1101(a)(15)_ Alien Paroli�jl.intQ the United States tor-Lpe s Thpo-One Year(8 11.S.C'.§ 1621(a)(3)) P 1:%Att :gli0h paroied into the Unitod:Sfiato for less Phan one veer under Section 212(dj(5) -of-the IN Otter Persons(8 U S:C. . 11-A.nonimmigrant w66 vi§0 for(�htfy is re1gfe70.i4 employment in the United States, or Z1 12.r citizen of a freely-assopic ed.s"tatpoi€s�ctidh 14f of the ctppliGable compact of f red-assoclafion approvedin Public Law 99-239 or 99-658 (or q successor.provision)_ Is ih c ffect[Freeiy A=ciated States include fhe Republic.of the Marshall Islands, Repvt)Hc:6f Paldu an'd the Federate.States of Micronesia, 48 U.S.C_§ 1901 et seq.j; 013.A foreign national not physically preserd ih-the Vnited States, Otherwise Lawfully Present Q T4.A psr�dn.Oot de&criaed.in cafego s 1-13 wile is other�A45e fdw'FU1y presen#in the United Suites: PLEASE;NOTE: 'ffie feiWol Personal Re$p-orisibility and Work Opportunl y.lte�;ni�ilfafion A•G€may.make persons who fail into this category ineligible for llctrltl e'.ee$Uj$s,C. §:1621(a)._ S1 T1biq IV F:bECLARATION- All applicants must complete this secA6n. i declare ender.penalty of perjury under the laws of the staW'of- Arizona-that the ansWer.s arid'evidenee I have given.arQ true and.coired-to the best.of my kno--ledge_ MICHAEL JOSEPHBASHA 10-3.-14 Applicant's printed name Today's.date Applicant's signature c'i • r EVII)EkCE OF T!_S, CITIZENSHIP, U.S. NATIONAL STAWS, OR ALIEN STATUS ---�orr rt�vs#-svbmi#suppo�ng teg�zLdee�rtr�enta#ior�-(ise.-marriage•;Gertiffcu€e-)-'rf-#h�rtam u evidence Is not the spme as your current iegal name. ca Evidence-sho +rirtg.authorfzed prt� ence-lttfhd-Unit_4d-Sfptehicludes•fhe.foIlowing: I., An,Arizona driver license issued after,1996 or`ph Ardon(i rtion-operating identification license. 2. A driver I'tcerise issued by�state tit verifies Lawful presence.in.the United.States. 33. A birth certificate or defayed birth certificate showing birth in one of the 50 states, the District o€.Columbia, Puerto Rica icon or:offer January.13,.1941),`Guorn;:the U-S.*.Virgin lslands ion or after January 17, 1911), Amdficbri Soreioq; or the Northern Mariana Islands (oh or after Noveinber4,-1178kNdtti&rriA4ariand,Wands local time 4. A Unife i,S' fotes eedificate of-i irth,obtoad. 5: A United,States passer d. ***Eas6port ri�t�st be sighed***- 6. A foretgrf passport with a united-SfdtL-5vita. 7. Arf I-M form-with a photogrpph. $. A united States.citizenship and.lrrfrMg a#on services employment 'authorizatiori document or refu5ee travel do.umebt. 9; A.Onited States.,certificote of ria#urq#izc do , TQ..A United States.it:�effCdfe.0f'dfkensNp. 11.A tribal certificate of Indian blogid. 12.A tribal or bureau of I60dn afffd6 aAdmt t of 610h. T3 Any ether license that R issued by fhb•fstleral government, any other state government, dri agency of this if die.& a pNitical subdlvision of this state that,requires proof of t 1fiertsNp or lawful alien status before issuing tha license. 1` lei• "• -,a: "tr='}7 -! ��W- 'r�. _ i� Ln 4�xx - n• rQ . Ayi J T' P;c -CiF�VLRM,UW AME D(�%t .k4�Plr'fF?ap LTFl.7YIVfJI? PTiS5PASA E4(i�rz�,� S mob tftt*oj. 47, ZIUCHML:,IQJ�K�< bi7m•STA U pRgMERtGi Zak W, Mrs&m�oyt, _ s , lmcac%r` xr »C' Ss1i$aa m' Y E 3' Assdredef�eae�h�aa�lE sc r5cai q�dam E ClAm au VMutin Sg�Svon4a31c mo,smc Ltep� eh2 of "' 57 559398iSASbf� tk4� 2i9�5 �7 �Cbt19#3E► DEPARTMENT OF LIQUOR LICENSES&CDN'Cl70L ? AMEN IN21 Ell, 800 W Washington 5th Floor Phoenix AZ 85007-2934 fi (02)542-51'4,1 E Attention all Local Governing Bodies: Social Security n is Confidential. This information may be given to local law enforcement agencies for the purpose ''' be blocked to be unreadable prior to posting or. Read carefully. This instru _ Nit' a� a ype or print with BLACK INK. An extensive investigation of you c Vgitl co cted. False or incomplete answers could result in criminal prosecumdo t 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 BI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT LIQUOR. THE DEPARTMENT CHARGES A$13 FEE. In addition to other fingerprint fees,a$22 DPS background check be charged for each fingerprint card. Liquor License # The fees all wed bX��R.S.§44-6852 will be charged for all dishonored checks. nq f,02 5 a (If the location is currently licensed) 1.Check ✓Controlling Person Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions exce #14,14a&21) box —op. Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2. Name: MATHIS NADINE KAY Date of Birth: I I Last First Middle (NOT a Public Record) 3.Social Security Number. Drivers License#: State: (NOTa public record) (hMa public record) 4. Place of Birth: Height: Weight ^ Eyes: Hair. City State Country (not county) 5. Marital Status Single Married Divorced Widowed 6. Name of Current or Most Recent Spouse: Date of Birth:_I_I (List all for last 5 years-Use additional sheet If necessary) Last First Middle Maiden (N-QT a public record) 7. You are a bona fide resident of what state? If Arizona,date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document 9. if you have been an Arizona resij��"jthee months,submit a copy of your Arizona driver's license or voter registration-catd. *10. Name of Licensed Premise Premises Phone: 7 11_Physical Location of Licensed Premises Address—A SVeetAddr+ess {Dp use Box#) City County 12 ist your employment or a 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 MonthlYear OR BUSINESS (street address,city,state&zip) /0 CURRENT jai1 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTIO. 13. Indicate ur residence address for the last five 5 ears: y FROM TO Rentor RESIDENTIAL Street Address MordhlYear Mon[Wear Own If rented attach additional sheet with name,address and phone number of landbrd a1v State CURRENT April 16,2012 Disabled Individuals requiring special accommodations,please call the Department(602)642-9027 Y ENT - j n the front of this form skr P to#15 If you checked the�llafl E�o'z o 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES NO 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 wihin the past 5 years? (Must provide proof) YES NO if*-te 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,arrester,#.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 ANC,any traffic tickets and complaints that are alcohol or drug-related. 16.Are there AyY 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? I nclude only criminal traffic tickets and complaints. J. Have you or any entity in which you have held ownership,been an officer, member,director or manager YES NO EVER had a business,professional or Iiauor application or license erected, denied. reYoked.suspended or fined in this or any other state? 18. Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES NO misrepresentation? C9. re you NOW or have you EVER held ownership, been a controlling person, been an officer, member, YESCr) 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 statement. Give complete details including dates,agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. I, , hereby declare that 1 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. X State of County of (Signature of Applicant) The foregoing instrument was acknowledged before me this day of Month Year My commission expires on: Day Month Year (Signature ofNOTARYPUBUC) 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 fthlxnert was admoweckjed before me this X day of SignaWre of Controlling Person or Agent(circle one) Month Year Print Name (Signature of NOTARY PUBLIC) My commission expires on: Day Month Year NA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th MWEP 4 L_q"• Phoenix AZ 85007-2934 (4602)542-5141 ii Q��STNNIRE Attention all Local Governing Bodies: Social Securit remit``' atf on is Confidential. This information may be given to local law enforcement agencies for the purpose ot< i � be blocked to be unreadable prior to posting Read carefully. This ins tru t is,`at� e r ea.' yype or print with BLACK INK. An extensive investigation of you cK aQ `a co�tided. False or incomplete answers could result in criminal prosecutio }` "y ikent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AG R i1 A ` ' . 31 N COMPLETING THIS FORM MUST SUBMIT AN APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT BI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SE 6 LIQUOR THE DEPARTMENT CHARGES A$13 FEE. In addition to other fingerprint fees,a$22 DPS background checkg, be charged for each fingerpriht card. �� Liquor License # The fees allowed by A.R.S.§44- 85 will be charged for all dishonored checks. Oq it on (If the location is currently licensed) 1.Check Controlling Person ❑Agent ❑ Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions exc6p #14,14a&21) box -----*. Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2.Name: fA AEC w NAUt,10 H Date of Birth: Last First Middle (No a Public Record) 3.Social Security Number. Drivers License#: � State: A-n— (NOT a public record) (NQI a public record) 4 . Place of Birth,pp KpT11c ��Height: " Weight: 5D Eyes: �L Hair: City State Coun (not county) 5. Marital Status ❑Single❑Married❑Divorced Widowed 6: Name of Current or Most Recent Spouse: Date of Birth: / / (List all for last 5 years-Use additional sheet if necessary ) Last First Middle Maiden (No a public record) 7. You are a bona fide resident of what state? A—Z If Arizona,date of residency: �I' qi 8 Telephone number to contact you during business hours for any questions regarding this document. '� `ry W. �a 41 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: � Premises Phone: 3-7(SS 11_Physical Location of licensed Premises Address: Street Address (Do no use PO Box#) i County 12.List your employment or ty De of business during the past fiveyears.If unemployed part of the time,list those dates. List most recent 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR UAME OF fUSINESS MonthlYear Month/Year OR BUSINESS (street address,city,state&zip) CURRENT ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence address for the last five ears: FROM TO Rent or RESIDENTIAL Street Address Mon#VYear ,Month/Year Own If rented attach additional sheet with name address and phone number of landlord city State Zip i, (q�g CURRENT D Y� C�,-7—LE 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? OYES NO If you answered YES, how many hrs/day? and answer#14a below. If N0,skip to#15. 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) ❑YES ❑NO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on 1 an existing license. 15. Have you been cited, arrested, indicted or summoned into court for violation of ANY law or ordinance, ❑YESIxNO 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 WNO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal / traffic tickets and complaints. 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager XES ❑NO EVER had a business, professional or liquor application or license rejected, denied, revoked.suspended or fined in this or any other state? 18_ Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or ❑YES>a'NO misrepresentation? /_ 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, ) S []No director or manage 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 statement_ Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. I, 0AI-A-G Krs j� ! , hereby declare that i am the APPLICANT/REPRESENTATIVE (print ful name of Applicant) filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete. X _ 1 i"'' — State of County of Ot-- (Signature of Applicant) The foregoing instrum t was acknowledged before me this iQ ,,_day of Q7� ,4 nth Year NOTARY PUBLIC My � TE OF AR N 11Ra►ifYn CPmai9 y Mon it Year a ure of NOTARYpU C) rMr CswtWbp E@bs.Nrle 2I,loll PLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby au the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at 1 years of age. State of County of The foregoing instrument was acknowledged before me this X of Signature of Controlling Person or Agent(circle one) Month Year Print Name (Signature of NOTARY PUB My commission expires on: Day Month Year Page 1 0£3 OF AR>�lNA. � � ��IIIlljA ' �'� 'ON t'�I , � Ali u�nui' CORPORATION ANNUAL REKW 03595107 A rcERrINCATE F OIJE�111 Wk BEDR6 QB1AWt l FM8 FEE RAW RMNl YMOMM M rm#aN--,ird Im Oe�a�ll�dlra��tbAale�n�R�vls�d11111Yb11&'[N�10�7rtCoUulwlod'sad,r�ioPnaa�Ir+wrli�ep�Isr4�plm �IWI�'!�p$ a'f�q�� �sr�e�tieutrT®QN�0l�IIM1.F�11. fihf.dtalp*�or� nraw.�. ldtlbsa�pkabodi n�f Wipgewrla�Eosddrsaapaa� t. l BA�IiAs j C° ,AZ$5244 atom of Ovmfaie ARIZaFK Type of CorpoMMM:PROW MAJ-y Agal* A DREW A9EiAKW AmboxyAW 8tMw Phyrrra A4*W e,M QVhmiR Makes f,bsw MWH9MV=MM0PA Phylk"aftoc 7G2E0M0RWRbt= m swa z pb 9bft ZW PHOMM Az aSM4 IYCCINEUI�.1� � �-r( F.. ,era�vawaY A4rlt/d'�,7eEl�tllTculf�[�r �Y�►�7��9k�MG/�tif�It�I�ofSfJf�l1011ANlBfl1P1�11�� Parma i RIA+�+iHlA�xl�►�r1+trN�s4s�f1bh1�'aaaps�►haroP�+a�rr�,►a6a+aw�'�{penC ilk P�tM�d R�ee nF�a�/ L SmmodalyAddA ¢otMpn" IM-1�-s Mu I A. C.M*lr one aetepoWbaloh WIft btai es ft CI WWZTER C7F f3t16NEs9 d`Yoar=pmftn. E.:.:I.Ate!A&mdMm a 3a#I�r 9 t.�aftows i fnH�okama. Q a aAmMwo.w =at era.* a a Na Q X M2L fantCri�� 7 �1 sar„r�WN cst.ft awr�aq LCM LCadadw 3miLauk+adma" c:r,a.&.er mnh W&�Alddc ja it-So.rba e�91--mp.i- a.r. i1. o�.Ntmmmw r _ cl w I - A20.7ieY�de�(3e.M.�r14 4.� Qw tt wk 7ILHN�MW XMIL 1b...'�iro. � 7& IYMMwrrd+- �yyham cxlL czv_1 s.��Wli�riloislC.n 17 �rRYaMMiirr.a..e�ar.em g 191E Ld amftm EEa4 p.r =��► tp://images.azcc.gov/scripts/cgi/dwispart2.pl?CON RAND-4&SESSIONID=2gwWHV4sU7gOJOZWVBD... 9/5/2014 Page 2 of 3 HArEIAlli INC. _ P4W 2 j &trxn1�N: �a�o�raeatmo ais..a eu�fnp(sruedlndiadofhoa�JnAberofiraaalle t.aldtrylpu�baaae�nat,oi�#rben411CMII�a#in�'�+�et . PLMW PRNT OR TYPE CLEN&Y. � r& { mtr*wft o ft lial P d*eaflnaorpo wkmfferf mn"udar -s ftwhad. Numberof 8harmWOvffiftWolivtdmftW Chm 011IN WIft Clers orwo r rs...■ 3b. 1A&w aM axpmalm am to deWftw lffhs wOmW mrnbae of sham hm dwoav . E ma laa Im m p a i eft 's dam=brlwe m mbxxafadmM bUN L "mbWat al�bell" bloat sodnvvm Ow"poll* too i. ; Fa*P►alltCotvot�c�tsaadH�anow7tu�erstoaompi�f+lssa�On.� Llet*bondmidara l IN n m tm 20%of wg dam of nhww hm ad by fhs en pmdak ar haft axn Im a 2D%beoefiaW Were fa t1r enMragae. Maw�.�x�Jbs 9iiea NONE 13 - 7.ammu PLEASE TYPE OR PRIM`CLEMLY.YOU MAST UST AT LEAST ONE Nmw- EPWAM N BASHA III Nam,; CARL ANDERSEN Adsm Pa BOX 488 Addrew PO BOX488 CHAtNMf ,AZ 135244 C HANDLEI=i,AZ 05244 omstmMm arose: 4MrAQd Detr%Wng atllce: 4 i=09 Nanaac Numm Tmw _ TIW Addrawa: Addfm& cIWO hd oidcat Dmis buv nlioo: a BHV;G= KFASE TYPE OR PRINT OLFARLY.YOU MIDST LIST AT LEAST C NE. Names EDWARD N BA iA dR Nawc Alms PO BOX 4W CHANDLER.AZ 852" Dda falang afe=: 91t Od5 Data t" Name: N -. Add+W Dow tstdnp dtidr pgMotalclr�Mps: ttp:Himages.azec.gov/scripts/egi/dwispart2.pl?COMMAND=4&SESSIONID=2gwWHV4sU7gOJOZWN"BD... 9/5/2014 Page 3 of 3 Plsasa Enter Qmpalatm Ness: - Ra I> atm P"6 3 IWO bWrm*s � IsbiUs}. 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OMYNCIRMFIrCONFORMIMNUff s&MKIMMOA&WINKAW This cap xkion DOW 13 OM MOTLtim MM60M Ja WJL&a wm=ft taaaatft a+ate A Fla.myp■maa whata crrslr*an DjWK dtsCbo4 arttftq iR aFarpraEcoprpatagan�rdralaa hoRis rrrarrstkan ttfliaftbsissuedsnrtardlllydrda■aerae,iratmar4�4afartffailerpapllll ,b@mMdarmwrbmftb d1M!Niflaealpalrlf�t bmC 7_ LYYMI��ddeIn�rflNotlhQitrilsadThhOClaallaLltlla�ldorlll�dMtm�d��frl�idlYYiEhflUreilEM�OeIYlar p.doe�ifinndlWlrpneoe+3'iyil+eaxou�on cF9�iiaoarrlC�eerr Con,lc�■d d alidaigr,tlltMlenldebUlenlsrdwhieh abndrtrd dined daneproaerd+iar��ldt�J�■p�anaese�ra�traintaftMOt atataaprip Le aay alafn ar1lldlal�ariarlaEss trri l ifsrt aewrttyisr[r patial dtlnedal Otseeclt s�seaticrr of 11tis ser�eafdJ 3. 8oblacltaark�tOLMftJa, aearesar>aerl:rttrleatrrdel oteapstdsmladYra!ue�at■rlawdwid�draathnyaarpaAc�drr[a�b�r pr9wA' WaafoaofIftowilkamMmauchk9xm&e,JwJgmwA ft Pi,apetmmtattcedarkm*A%ditmVdmaond I*ki■oa a nr�s6aa prorYorat�ta>raars�ss hMhar'�atJulNdalelr.a (h ats anromar�atld Y�AI alVat¢afldfC101i,or { ittpatd�atarrsotialKtltadshurtalthatptidC9aa4 Ois box mia be YES 13 NO 9 �"'�'�ilsrtdra,rl�i�tdarnlal>aa arc� �rhlaraprettaa aadr petsonaabjsetlp atlrr ar nmtar#tHrs aftm dodo ftm 71fttOtlllh 8 al*w, 1, FkilM MM& 66 Daf s Ind horlcn of bw 2 Ftllprar■sfnerra and prior rxa umd BL Tire nant and dssc%-," of mo ramMam orluddal S. Pcwn9 hams drtfQMW I. Um data aril kmvS&C Im cime srA pubic trpstW A. Al pdar adtkwwes lbr knraadsbdy prrrmdny T yw mWIhslla orcQumnambwafihacam pad. & Flee amy pmam wha In aumss9y an aafoar,dmicFar,fuvbmt,Inoogw mr,or%fio,In aFD�pmff mTarmbn,wnhokat h"Deer M%of fh•ha+ndsrraapbrlsrxisgr�orrsaunsham%t427rar any trl wpmpdMmy,bsnaflobdormsrrbd>ip'-'-FeatiatiaaDlpalekmmyod h arty audr CspmW or hdd a 2C*kaNsa;In m w athw corpor■Han an Hm barkmpWy rs rammeFdw OMurtaiAer aorpadcnT One bm must as mall ode YES C# NO M H"VEW In 4 to faiarshrp lelansxbm mug be ubailed M as suftmeatto IM sport hrr each osrpars*m ia>>)arCR U tl� (f)Non rttd WMM of daM Cot Mft and do PtMWA kM WtL M> h wWh It O was kmmrpcatad and {IQ tsnsacled 6uekessa {c}Dstes a�oorPOrl�Or aptr�an. 11.STATrJWM OF BANKRUPTCY OR MMMP(kRM.JI1 M&104%23) A, Nasthsy Swap*MeoimbenlauMaroppoktledarmeame; p�6RW=Wbmmwrkcd: YMQ IOM �"Ywl'to A.11+■lblfarlrr➢In}armslion ws as adadMtl�A�e�r�� 1. AlaaooKdkaomra4huAsmmdmajiwatodtho amarVwootpaomyAhin one lsxofir2tm, Mm arbmd(su"arms eppoklCnerdor•r»celvar:r s tailor eCaCtitrlidsr it■earparrrisn,i}ra stalraeerd and id be anrerd preddw*,r�rironerr aHfe ham ofdY+eeteraaadn%*r Ckholdwsatua#toogroi(silatlD�dialder.'Mfig(Orsmdd�d+rr'n+ssns■�po■swgrepor aaalraiwrpt tswnby par raerrt ottho isoued erla arrtemrdrg chars.or tsrs�r Per aerae d any prepAat�ty,hrrlsiiein of ttlemberall�a viewed In"varpapalvn. 2. Wh*ftrmy mAoh pmatm hs■bean sn aMw,dfmc0or,(rrlstes rx o1�jDfrIi0CIdlDldefof sr5►affier mporaicn>Atgdn ens rarrdt mr bsdsupfr�ar raatiaersirip otSNa aaxr a�ntaitlap.r aa<1trf e>�t e�1r aaparsroa� !q Nee raid mWm d aach carpmAm; fib}91dea h%+k6 k Q wra bvDarpadad alyd �}mrnaaiad bolbteea i igt�wd�repele■ott tit:ems' /4mI l lacdba abrad anddobd ft Insdgm dukaulbabodDt' W OrSm 91I Ieiplae;wndlspseryrndpadur�ttut■ilmrpo.a�haoer�r>,Is®smq■h�adb�i�s�offllallrtaoaR�/1rMid irawksen f11ed wbh tits Arhtolpt depsrbpmt or RwAmi s.I fu dbw declom ab der parwlttt ad A�MF that 1 btr+ts eoostniited tltts ryroltarrd irs IrwduitQange�alohal.er�aced b t>s■6aat of e>;r Qoufl bsanrAadpt and hawfr�ens ltrrs,eorrsrd and eetppwIL Now Darirludtaesn 71W/Ml Itlaos - ��IeL �INIIns rrl�� '�y■mrlrr T� �r�dlf�AID ?file p•geaocpr}rouectba rufiortisdawpnafta-M i f—a tiMdfess�ttosrTo#%knporfj ttp:/Iimages.azec.gov/scripts/cgi/dwispart2.pl?CO - SESSIONII3=2gwWHV4sll7gOJOZWVBD... 9/5/2014 i + Page 1 of 3 STATE OF ARMOtA AZ ffi c ammisslan IIIIIIIII CORPORU ,Rom?' 03979075 &CERIMA►1'E OF E t�.OMM P�.6�I�IiJW.1O11�siei�si�ls�rr�[�islisllRit�li+l�lii0.41�1yr�e�pe�e�s . �pllaOWIM MWAWdUmh0^TwrA io 7aCmmk t ---top r11�o a thb embA.R$*t"m , '�fO�tAiBRsIiIlL�lrl��i�li71�10itl�W.E1 Mei�11�1� aet�alf�ueo�, t��� ��tirtr�taitt�aE�.ae�aia�. a�warraa+rt�JIt�RL�l1F/lilAN�lMI +�rA�B�s.�arAaa+a�+Ada...�.o� 7�E41��lOd �8tr4� CIgA.Stw,�c pF1e�1A7�1rZ ledf4 CHANDLER AZ SUM I's MC�I�L�lit[.Y Ago v � t Arlt'aiMa�tr �0►A� .A�J�T���4raf — held► 3It w t ari $ AMMbM 1w61 NiJirn�w' +�oK - - �rAMWN*b owotie�YU+ +�"nr,�+wi Npair�lndd#�c-- Emote it site w arw +•n�b+� �. l�+a+o��►1�uw� to eoOUditiane1.. . i Ak ahmfcvw ww w,bt u.�l�rcrb�.iha t�illRAiGT of oir�orpara�on r.+-A.r.rw 9a�..�a.in trc�.�tyw GLZMN VL,Lpa OW LZme r4w�.r 1104111 V IL�54� a M s: � a gjvMOmdMbfix4w 0ML SAmm4lmmmxk 14 +s IJILatuMc. 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Apache Trail, Apache Junction, Arizona, was posted on the 4th day of November, 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, December 2, 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. November 4, 2014 Mr. Michael Joseph Basha Food City#115 P.O. Box 488 Chandler, AZ 85244 Dear Mr. Basha: Please be advised that the application for Acquisition of Control for the Liquor License for Food City located at 1477 E. Apache Trail, Apache Junction, Arizona, was posted on November 4, 2014, in accordance with state law. The Apache Junction City Council will hold a public hearing on December 2, 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 Wednesday, November 19, 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 NOVEMBER 3,2014 MEMORANDUM TO:DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH:KATHY CONNELLY,CITY CLERK FROM:SUZANNE HENINGER,SENIOR CLERK SUBJECT:APPLICATION FOR ACQUISITION OF CONTROL FOR FOOD CITY LIQUOR LICENSE Mr.Michael Basha has submitted an application for Acquisition of Control for Liquor License for the Food City Liquor License located at 1477 E.Apache Trail,Apache Junction. Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday,November 19,2014,in order for this item to be on the agenda for the City Council meeting of December 2,2014. Suzanne Heninger From: Dennis Dixon Sent: Wednesday, November 05, 2014 7:02 AM To: Suzanne Heninger Subject: RE: Food City... No issues From: Suzanne Heninger� Sent: Tuesday, November 04, 2014 4:07 PM To: Jeff Robinson; Rudy Esquivias; Dennis Dixon; 'john.suniga@sfmd.az.gov' Subject: FW: Food City... Attached is the application for Acquisition of Control submitted by Mr. Michael Basha for the Liquor License for Food City#115 located at 1477 E. Apache Trail,Apache Junction,AZ . Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, November 19, 2014, in order for this item to be on the agenda for the City Council meeting of December 2, 2014. Superstition Fire & Medical District ROM 3700 E. 161"Avenue, Apache Junction, AZ 85119 Phone (480) 982-1299, Fax(480) 982-3268 www.sfmd.az.gov MEMORANDUM TO: Suzanne Heninger, Senior Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Jct., AZ. 85219 FROM: John Suniga, Deputy Fire -c DATE: November 5, 2014 SUBJECT: Application for Acquisition of Control for Liquor License at 1477 W. Apache Trail,Apache Jct.,AZ The Superstition Fire/Medical District has reviewed the application as noted above, regarding the facilities at 1477 West Apache Trail, (Food City). 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- 1299. Thank You. JOS ATTN: Application Suzanne Heninger From: Rudy Esquivias Sent: Thursday, November 13, 2014 6:12 PM To: Suzanne Heninger,Jeff Robinson; Dennis Dixon; 'john.suniga@sfmd.az.gov' Cc: Larry Kirch; Kevin Koelbel Subject: RE: Food City... Suzanne: The Planning Division has no objections to the application specified below for the Food City store at 1477 West Apache Trail (note address correction). The property is zoned 13-2/13D, which is appropriate for a grocery store with liquor sales. cu4,,Eqaivia.6 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resqui,,ias@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, November 04, 2014 4:07 PM To: Jeff Robinson; Rudy Esquivias; Dennis Dixon; 'john.suniga@sfmd.az.gov' Subject: FW: Food City... Attached is the application for Acquisition of Control submitted by Mr. Michael Basha for the Liquor License for Food City#115 located at 1477 E.Apache Trail,Apache Junction, AZ . Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, November 19, 2014, in order for this item to be on the agenda for the City Council meeting of December 2, 2014. 1 Suzanne Heninger From: Jeff Robinson Sent: Monday, November 17, 2014 8:07 AM To: Suzanne Heninger Cc: Thomas Kelly;Troy Mullender Subject: RE: Food City... The Apache Junction Police Department has no objects to the Application for Acquisition of Control For Food City liquor license located at 1477 West Apache Trail. From: Suzanne Heninger Sent: Tuesday, November 04, 2014 4:07 PM To: Jeff Robinson; Rudy Esquivias; Dennis Dixon; 'john.suniga@sfmd.az.gov' Subject: FW: Food City... Attached is the application for Acquisition of Control submitted by Mr. Michael Basha for the Liquor License for Food City#115 located at 1477 E. Apache Trail, Apache Junction, AZ. Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, November 19, 2014, in order for this item to be on the agenda for the City Council meeting of December 2, 2014. City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.8. '+PizoN* File ID: 14-573 Sponsor: Rudy Esquivias Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Presentation, discussion and action on proposed Ordinance No. 1410, case PZ-5-14, a request by Hector and Yvonne Martinez, and Robert and Jeanette Power, represented by Hector Martinez, for approval of a rezoning for their 0.68-acre property located at 1407 S. Meridian Drive, from Medium/High Density Single-family Detached Residential, Conventional or Manufactured Home (RS-7M), to General Commercial District by Planned Development (B-1/PD). Presentation, discussion and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 �ApACHf�G City of Apache Junction APIZ OF.P' Development Services Department Planning & Zoning— Building & Safety— Revenue Development Date : November 19, 2014 To: Honorable Mayor and City Council Members Through: Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject: December 2, 2014, City Council Public Hearing Item: PZ-5-14 (Ordinance #1410) Hector and Yvonne Martinez, and Robert and Jeanette Power, Rezoning Request Background The property owners, represented by Hector Martinez, are proposing to rezone their 0 . 68-acre property at 1407 S . Meridian Drive from RS-7M (Medium/High Density Single-family Detached Residential, Conventional or Manufactured Home) to B-1/PD (General Commercial District by Planned Development) . The rezoning proposal seeks to properly zone to commercial, a long existing auto repair business which has operated as a noncon- forming use . The applicants had approached Council about a corrective rezoning during the adoption of the city' s new zoning ordinance and zoning maps . Council directed staff to work with the applicants on a City-initiated rezoning which would improve the property and the neighborhood in general . Planning and Zoning Commission Recommendation On October 28, 2014, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the rezoning by a vote of 6 to 0, subject to all of Staff' s recommended conditions . There was no public comment on the rezoning request. City Council Work Session At their work session on November 17, staff presented the zoning case and the Planning and Zoning Commission recommendation to the City Council . Councilmembers seemed pleased with the proposed site plan and the recommended conditions of approval . Attached Ordinance No. 1410 reflects the Commission and staff recommendation for the Council' s consideration. No public comment has been received on this request. 300 E. Superstition Boulevard •Apache Junction,AZ 85119 • Ph: (480)474-5083 • Fax(480) 982-7010 ORDINANCE NO. 1410 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-5-14, A REQUEST BY HECTOR AND YVONNE M. MARTINEZ, AND ROBERT L. AND JEANETTE G. POWER, REPRESENTED BY HECTOR MARTINEZ, FROM MEDIUM/HIGH DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR MANUFACTURED HOME PERMITTED (RS-7M) TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (B-1/PD) ; REPEALING ANY CONFLICT- ING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property is a non-conforming property which has been used as an auto repair business since prior to the City adopting its March 1985 Zoning Ordinance, pursuant to Ordinance No. 350; and WHEREAS, during the public hearings conducted in 2014, in which the City was considering the adoption of a new zoning ordinance and zoning district maps, the property owners requested that the City Council correct the zoning on their property to commercial as part of the process; and WHEREAS, the property owners requested the zoning correc- tion so that the auto repair business would have proper zoning, which would then allow them to make certain improvements to their property (such as new signage and possible future building expansions) , which they could not do as long as the property was nonconforming; and WHEREAS, it has been the property owners' desire to continue operating the auto repair business and make improve- ments to the property for the benefit of said business; and WHEREAS, on May 5, 2014, the Apache Junction City Council adopted said new zoning ordinance and zoning district maps, and directed staff to work with the property owners on a city- initiated planned development rezoning of their property; and ORDINANCE NO. 1410 PAGE 1 OF 4 WHEREAS, under the proposed B-1/PD (General Commercial District by Planned Development) zoning, the property owners are agreeable to making landscaping, screening, paving and other improvements to the property right away, as well as a zoning condition which will require a new public hearing process if another type of business or deviations from standard zoning requirements are proposed for the property in the future; and WHEREAS, on October 28, 2014, the Planning and Zoning Commission voted to recommend approval of rezoning case PZ-5-14 by a vote of 6-0, subject to the conditions recommended by Planning Staff; and WHEREAS, the City Council hereby determines that the proposed rezoning conforms to all of the general criteria as specified in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-5-3, B- 1 Non-Residential Use Regulations, and Section 1-4-3, Planned Development ("PD") District, including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as : The North 90 feet of the North half of the West half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (also known as Pinal County Assessor parcel 102-34-031D) ; be and hereby is amended from RS-7M (Medium/High Density Single- family Detached Residential, Conventional or Manufactured Home ORDINANCE NO. 1410 PAGE 2 OF 4 Permitted) to B-1/PD (General Commercial District by Planned Development) , subject to the following conditions of approval : 1) Upon rezoning of the property, the site shall be developed in accordance with the submitted site plan within one year of rezoning approval, or the zoning may be subject to reversion by legislative action of the City Council . 2) All signage on the property shall comply with the City' s Sign Code, including the removal and/or relocation of the existing sign in the city' s right-of-way, onto the property. 3) All construction proposed on the property, including the installation of new signs, shall be subject to proper permits and inspections . 4) All future construction on the property is subject to compliance with all other adopted City codes and ordinances, including but not necessarily limited to, the city' s Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines . 5) The property owners shall dedicate to the City any additional right-of-way as may be required by the City Engineer. 6) Any request for deviation from the city' s development standards, or for future uses other than auto repair, shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by ORDINANCE NO. 1410 PAGE 3 OF 4 reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF , 2014 . JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1410 PAGE 4 OF 4 City of Apache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: October 28 , 2014 CASE NUMBER: PZ-5-14 APPLICANTS/OWNERS: Hector and Yvonne M. Martinez (1/2 interest) and Robert L. and Jeanette G. Power (1/2 interest) . REPRESENTATIVE: Hector Martinez REQUEST: An application requesting rezoning for an existing auto repair business from RS-7M (Detached Single-family Residence Zone, Conventional or Manufactured Home Per- mitted) to B-1/PD (General Commercial District by Planned Development) . LOCATION: The property is located at 1407 S . Meridian Drive; the name of the business is Apache Junction Auto Care . GENERAL PLAN DESIGNATION: Medium Density Residential at 1 to 6 dwelling units per acre . SURROUNDING USES/ ZONING: North: Ginnan' s RV Park (zoned RVP) ; South: Single-family residence (zoned RS-7M) ; East : Daum' s Residential Subdivision (zoned RS-7M) ; West : Manufactured Home Park (Maricopa County) . PZ-5-14 (Martinez/Power/AJ Auto Care) PAGE 2 OF 5 BACKGROUND The subject property is located in one of the older parts of town. The neighborhoods in this part of town, north of 16th Avenue, west of Delaware, developed over the years with a mix of residential subdivisions and land split properties . The subject site resulted through a series of TH land splits many years ago. The old TH zoning in this area predates the incorporation of the City. The recently adopted new city zoning ordinance and zoning maps changed the old zoning from TH to RS-7M. The buildings and business on the lot were established prior to the city adopting its original zoning ordinance in March of 1985 . There are long existing legal nonconforming use and setback issues on this property. The nonconforming issues have constrained the owners from making certain property improve- ments, such as installing a new modern sign and being able to expand their business . During the recent public hearings for the new zoning ordinance adoption, Mr. and Mrs . Martinez requested the City Council to correct the zoning on their property as part of the city wide changes . Council did not change the zoning on the property, but did direct staff to work with the owners within the context of a PD rezoning which would result in improvements to the property and neighborhood in general . If we could arrive at fair trade- offs for the improvement of the property, the Council also directed that this be a city-initiated rezoning. PROPOSAL After several meetings and many e-mail exchanges, Planning Staff and the property owners formulated the attached site plan for the improvement of the property. Basically, as part of the city rezoning of the property from RS-7M to B-1/PD, the owners will : remove their existing sign from out of the right-of-way and install a new sign within their property boundaries; create landscape strips and install plants along the west and southwesterly sides of the property, between their building and the street; install an asphalt driveway and designated parking spaces, including an accessible space; provide screened fencing all the way around their yard area. staff and the owners believe these are fair improvements which will benefit both the curb appeal of the business and the neighborhood in general . PZ-5-14 (Martinez/Power/AJ Auto Care) PAGE 3 OF 5 Once these improvements are complete and if they so desire, at a future date, the owners will be able to make expansions to their business as needed (in compliance with B-1 zone standards) ; which they could not do before, because of the nonconforming issues . Planning Staff Analysis and Findings Relationship to General Plan: The subject site and the properties to the north, east and south are all designated "medium density residential" , which is appropriate to the pattern of development of the neighborhood, which is mostly residential . Because the size (0 . 68 acres) of the subject site is less than 10 acres, this commercial rezoning request is considered a minor amendment to the General Plan. Although the area is medium density residential, staff notes that S . Meridian Drive is dotted with several grandfathered business properties . Zoning/Site Context: Neither the previous nor current zoning of the property allows an auto repair business . The RV park north of the site and the mobile home park to the west of the site are also higher intensity uses, but for the most part it is a quiet residential neighborhood. The proposed B-1/PD zoning seeks to legitimize a use that is already there and for all intent and purposes, is already part of the fabric of the neighborhood. Planned Development Zoning: Any future proposals to expand the business will be done in compliance with all health and safety codes, proper setback allowances and other development standards that may relate to an expanding business use . The PD zoning will also need to incorporate safeguards for possible other future uses , should the auto repair business go away. If deviations from standard requirements or more intense uses are proposed, then the owners may need to process another PD amendment for their specific development plan. Infrastructure Improvements: The site is already served by utilities and no additional infrastructure improvements are being requested as part of this rezoning. However, once again, depending on the nature and intensity of future improvements, if any, other on--site and off- PZ-5-14 (Martinez/Power/AJ Auto Care) PAGE 4 OF 5 site development requirements may apply. Such things would be determined at such time as an expansion proposal was made . Public Input: Staff will present a summary of public input comments, if any, at the Commission' s public hearing on October 28 . Thus far, staff has not received any input or comments from neighbors . PLANNING AND ZONING COMMISSION WORK SESSION At their work session on October 14 , the Commissioners seemed receptive to the rezoning concept and liked the improvements that were being proposed for the property. Questions centered around streetscape and on-site improvements, screening and protecting the neighborhood from more obtrusive uses that could be allowed under the B-1 base zone, should the auto repair business go away. Because of the relatively small size of the property and the low intensity residential nature of the surrounding neighborhood, Staff sensed support for requiring a PD amendment or rezoning for anything other than an auto repair business being conducted on this property. PLANNING DIVISION RECOMMENDATION Planning Staff offers the following Recommended Motion, along with the following recommended conditions of approval, should the Commission wish to forward a recommendation of approval to the City Council . RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of rezoning case PZ-5-14 , a request by Hector and Yvonne M. Martinez, and Robert L. and Jeanette G. Power, represented by Hector Martinez, for a rezoning of their property, located at 1407 S . Meridian Drive, from RS-7M (Detached Single-family Residence Zone, Conventional or Manufactured Home Permitted) to B-1/PD (General Commercial by Planned Development) , subject to the following conditions of approval : 1) Upon rezoning of the property, the site shall be developed in accordance with the submitted site plan within one year of rezoning approval, or the zoning may PZ-5-14 (Martinez/Power/AJ Auto Care) PAGE 5 OF 5 be subject to reversion by legislative action of the City Council . 2) All signage on the property shall comply with the City' s Sign Code, including the removal and/or relocation of the existing sign in the city' s right-of-way, onto the property. 3) All construction proposed on the property, including the installation of new signs , shall be subject to proper permits and inspections . 4) All future construction on the property is subject to compliance with all other adopted City codes and ordinances, including but not necessarily limited to, the city' s Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines . 5) The property owners shall dedicate to the City any additional right-of-way as may be required by the City Engineer. 6) Any request for deviation from the city' s development standards, or for future uses other than auto repair, shall require a separate planned development amendment, re oning, landscape code appeal or conditional use permit cess firs , as may be appropriate . Prepar d y R y squivias Senior P er/Zo t ing Administrator Attachments: Exhibit #1 - PZ-5-14 Application Exhibit #2 - Neighborhood outreach letter Exhibit #3 - vicinity and Zoning Map Exhibit #4 - Aerial image of property Exhibit 95 - Proposed site plan CITY OF APACHE JUNCTION PLANNED DEVELOPMENT AMENDMENTS/TIME EXTENSION/PRELIMINARY PLANNED DEVELOPMENT PLAN REVIEW APPLICATION VWe hereby request for my/our Pfm=d -Development zoned property. The request is as follows: M The case number of the original Planned Development zoning was: l VA Please check appropriate Ietter: I have submitted site plans an/or elevations ❑ 1 have submitted a new development schedule for a Time Extension request. Legal Description of Property (found on County Tax Bill Notices): S&G P�i�P► �b County Assessor's Tax Parcel Number: () �c�N1 N Describe the reason for the i for the property: �c5 R 12 I h1 G ?-O N S stiZq l�e-IJAM CC Q 11W cJ ,(— U �L 1MI> V�— FOR OFFICE USE ONLY Case No: Date Filed: Receipt No: Proposed Ordinance No. Application Received By: Fee Amount: $ I/We certify that: I/We are the owner(s) of the property described in this r =;��� Amendm application and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application and understand that the City has the option of either approval or denial of this request following conduct of a Public Hearing. I/ e, eing the o er"' of the property in this application, have appointed i c as my/our representative agent. I/We have authorized him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her. PLE SE PRINT vthne Pro rty Owner Name Signa re 7 6- �vbo Are �- Street Address City, State, Zip Telephone 4f-L{ L ob lz- Prope Owner Name Signature 7` Street Address City, State, Zip Telephone Agent Name Signature Street Address City, State, Zip Telephone STATE OF ARIZONA ) The foregoing instrument was acknowledged before SS me this --21 day of , 20 COUNTY OF PINAL ) �A DONNA R. BORCHERDING Notary Public Maricopa County, Arizona My Comm. Expires February/21/2018 Notary Public My Commission Expires: bo/0 P&M Development LLC 2235 N. Gentry Mesa, AZ 85213 480-898-9116 We, Robert L. Power and Jeanette G. Power, '/z owners of the property located at 1407 S. Meridian, Apache Junction, AZ 85120, do hereby make, constitute and appoint Hector M. Martinez and/or Yvonne M. Power-Martinez, %z owners, as lawful Attorney in Fact, to handle all aspects of the rezoning process of the afore mentioned property, granting the Attorney in fact the authority to sign any and all documentation that may be required to complete the rezoning process of the afore mentioned property. Dated this �7 day of Le D�� Owner Signature: Owner Signatur . WITNESS my hand and official seal on this : ? day of c;6 /1L NOTARY PUBLIC My commission expires: DONNA R. BORCNERUIIVG Notary Public Maricopa County, Arizona My Comm, Expires February/21/201it Nov Apache Junction Auto Care Dear Neighbor, We, at Apache Junction Auto Care are sending this letter to our surrounding neighbor's in an attempt to notify you of our plans to begin the process of rezoning. Because of grandfathering laws attached to the land, the property at 1407 S. Meridian, Apache Junction, AZ 85120 is currently zoned as a residential property, with a commercial use clause. As many of you are aware of, this property has been the home of Apache Junction Auto Care for many years and has been run as an auto repair facility for an unprecedented number of years. In an attempt to maintain the appearances of the property we have come to the realization that we must pursue the possibility of rezoning this land. The current grandfather laws prevent us from making certain improvements and needed repairs to the building, the property and business itself. The city's new zoning ordinance shows the property zoned as RS-7M (Single-family residential, 7,000-square-foot lots, conventional or manufactured homes allowed). Our intention is to rezone the property to B-1/PD (general commercial with a Planned Development overlay). A B-1 commercial property code is the basic zoning we need to make the types of improvements we believe will benefit the business as well as the neighborhood. As your concerned neighbor we would like to ask you for any thoughts or comments you may have for us. Enclosed you will find a self-addressed stamped envelope for your convenience. Thank you for taking the time to respond to us in advance. Sincerely, Hector M. Martinez Owner Apache Junction Auto Care Phone:480-983-1071 1 fax: 480-982-04831 1407 S Meridian, Apache Junction, AZ 85120 1 www.apachejunctionautocare.can Pz- 5 - 14 REZONIWG F.EQUF_57r VROM RS •7M CSWGL15 - FAMILY KESIDEKMML) TO 8-1 /9D (GyEM ,9At_ $USIMESS 9Y PLANWD vevELoFMeWr)j 8Y MARTIMV Z- AMD POWgR_ W. 12TH AVENUE OCO 12.200 2.199 OCO 1112-201 14.fj, 70 70, 47 25, 26 75e NI 750 1750 O BB m O m o'^ �B IC la IS.L'ce 975 93.5 Ba L5 74.5, 271 - 2B - SLW\AIRE MOBILE 12C Ila m IB i2B O" ' 2A c o- o- , - 22 V 28 f e HOME PARK IL IS N 6 n G 1� N 727.25 P3 .0 17D N N LE 77 76 LC 21 c GINNAR'S 24 4 O9 N O a 18a s CO 29J.25 IBB 4 L 74' lb 4 yy N ,l PWlARK O _ O R.V.hVP 25 z0a SE 5F 5c Sc S s MD7�/ SUPERSTIT ON MOUNTAIN Y SW 1w .c - 32 -�25 /ai bA L 55Q11 z, 88, 0 SIC � SL � 5n� `" 78A o' 7Ba o 79 �N' 80 c 62 a3s 64s 65 '3.' N e A L a � W. i'H AVENUE o�_ K Q n.. � � 81 a eZ q BS a 66 7 67 � 68 � 56 45 N C J N >7 1] 2F 106 L W O Q O N Oa f`►A" 7 /PR L` , 560 56c 56o g 69 70e O - �'1 Lam`1 V 71 38 DI 06' 130, 0 4 L' 3p� u 4 I o 5$ c 59 c 60 f2 72 a 73 � 74 0 , 7 1j SPwO I873.745 1869 S 30' ROW 100* OCO 1502 510 to W. 16TH AVENUE SUBJECT SITE - ALL Fl EFCTIES &SOVE ARE ZONED R5--7M UNLESS GT+I-BFWISE IND+CPTED. • I� '�- _ _mod._ ,[� � l�---�r, �- � _ f. o r � •fi _�.-_`� r `rY •'. 1-f�A ram.r,�.� ^_ -7^ 'r"1��'1 f�irfS IL -fry 4z_, 4 m ryCfv. yy a f] tT v ✓r: i _ � n '� -n ` .Y„ Yf 1 •r-(f _fir ��"c'�i '�.3'Rf- - �• t. rrf m co 00 -, � ■ 1F V rl � I U C d U � r. C v1 I i .._ - - Agr d a � u c c a � c c v w m m u ✓1 _0 Cl) _ O d X �n 00 N 0 w P lz] cu qr U 4 Z =° u O °' � m LL O �- O aLD O S }� (V a N !K N x U p x j N ao0Q � m c U c c Q ^0CL LL n L s U m .� mc� > ( z N co x ^� Y..L X m0N O t Lp e o c T m � L C u W n c o � v ai W a 0 Q o W LrN yLA o a, x c N o z m� z m�y � c �I Z r+ u ta�3 c[ O N ----- 3N1l 21�31NDO Ndlai W ————————— ORDINANCE NO. 1410 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-5-14 , A REQUEST BY HECTOR AND YVONNE M. MARTINEZ, AND ROBERT L. AND JEANETTE G. POWER, REPRESENTED BY HECTOR MARTINEZ, FROM MEDIUM/HIGH DENSITY SINGLE-FAMILY DETACHED RESIDENTIAL, CONVENTIONAL OR MANUFACTURED HOME PERMITTED (RS-7M) TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (B-1/PD) ; REPEALING ANY CONFLICT- ING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the subject property is a non-conforming property which has been used as an auto repair business since prior to the City adopting its March 1985 Zoning Ordinance, pursuant to Ordinance No. 350; and WHEREAS, during the public hearings conducted in 2014 , in which the City was considering the adoption of a new zoning ordinance and zoning district maps, the property owners requested that the City Council correct the zoning on their property to commercial as part of the process; and WHEREAS, the property owners requested the zoning correc- tion so that the auto repair business would have proper zoning, which would then allow them to make certain improvements to their property (such as new signage and possible future building expansions) , which they could not do as long as the property was nonconforming; and WHEREAS, it has been the property owners' desire to continue operating the auto repair business and make improve- ments to the property for the benefit of said business; and WHEREAS, on May 5, 2014 , the Apache Junction City Council adopted said new zoning ordinance and zoning district maps, and directed staff to work with the property owners on a city- initiated planned development rezoning of their property; and ORDINANCE NO. 1410 PAGE 1 OF 4 WHEREAS, under the proposed B-1/PD (General Commercial District by Planned Development) zoning, the property owners are agreeable to making landscaping, screening, paving and other improvements to the property right away, as well as a zoning condition which will require a new public hearing process if another type of business or deviations from standard zoning requirements are proposed for the property in the future; and WHEREAS, on October 28 , 2014 , the Planning and Zoning Commission voted to recommend approval of rezoning case PZ-5-14 by a vote of 6-0, subject to the conditions recommended by Planning Staff; and WHEREAS, the City Council hereby determines that the proposed rezoning conforms to all of the general criteria as specified in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 , Zoning Ordinance, Section 1-5-3 , B- 1 Non-Residential Use Regulations, and Section 1-4-3 , Planned Development ( "PD" ) District, including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommodation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social , built, and natural environments in the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as : The North 90 feet of the North half of the West half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 30, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (also known as Pinal County Assessor parcel 102-34-031D) ; be and hereby is amended from RS-7M (Medium/High Density Single- family Detached Residential, Conventional or Manufactured Home ORDINANCE NO. 1410 PAGE 2 OF 4 Permitted) to B-1/PD (General Commercial District by Planned Development) , subject to the following conditions of approval : 1) Upon rezoning of the property, the site shall be developed in accordance with the submitted site plan within one year of rezoning approval, or the zoning may be subject to reversion by legislative action of the City Council . 2) All signage on the property shall comply with the City' s Sign Code, including the removal and/or relocation of the existing sign in the city' s right-of-way, onto the property. 3) All construction proposed on the property, including the installation of new signs, shall be subject to proper permits and inspections . 4) All future construction on the property is subject to compliance with all other adopted City codes and ordinances, including but not necessarily limited to, the city' s Zoning Ordinance, Engineering Guidelines, Landscape and Screening Requirements, and Commercial Design Guidelines . 5) The property owners shall dedicate to the City any additional right-of-way as may be required by the City Engineer. 6) Any request for deviation from the city' s development standards, or for future uses other than auto repair, shall require a separate planned development amendment, rezoning, landscape code appeal or conditional use permit process first, as may be appropriate . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by ORDINANCE NO. 1410 PAGE 3 OF 4 reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCI OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2014 . r SIGNED AND ATTESTED TO THIS - .� �T DAY OFt :� iilLr 2014 . J�MN INSALACO ayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: '4- //-/ 7.14 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1410 PAGE 4 OF 4 City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.9. '+PizoN* File ID: 14-538 Sponsor: Janine Solley Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Presentation, discussion and action on proposed Land Exchange Agreement for Project No. ED-14-01, an exchange of city-owned land (former Library/WUCFD Building at 112 E. 2nd Ave.) in downtown Apache Junction for private land (two dilapidated apartment complexes located at 180 N. & 184 N. Apache Trail) also located in downtown Apache Junction. Presentation, discussion and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 r _.AA1 1,Le4l Surro DATE: November 19, 2014 MEMORANDUM TO: The Honorable Mayor and City Councilmembers MEMORANDUM THROUGH: Bryant Powell, Assistant City Manager MEMORANDUM FROM: Janine Solley, Principal Economic Dev Specialist SUBJECT: Land Exchange Bid Submittal & Staff Recommendation On October 15, 2014, the City of Apache Junction released a Notice Inviting Bid Proposals, Project No. ED-14-01. The notice invited bids from parties interested in a parcel of city- owned land located at 112 E. 2nd Ave. in downtown Apache Junction. The property consists of approximately 0.10 acres of land and a 1,764 square foot building. The notice specified that the City strongly preferred an exchange for other property located within the Crossroads Redevelopment Area with an approximate equal value, but in no event less than the value of the city-owned parcel. Sealed bids were received in the City Clerk's office until 3:OOpm MST on Wednesday, November 19, 2014. At the bid opening, there was one bid from WGG Partners, LLC, a Delaware limited liability company. The WGG Partners, LLC bid proposes an exchange of the city-owned parcel for Lots 1 through 9, inclusive and Tract A, Trailway Apartments, according to Book 12 of Maps, Page 34, records of Pinal County, Arizona. Staff respectfully recommends Council approve the Exchange Agreement and move forward with the land exchange as outlined in the proposal. GAMMAGE & BURNHAM, PLC ATTORNEYS AT LAW TWO NORTH CENTRAL AVENUE FIFTEENTH FLOOR TELEPHONE (602) 2S6-0666 PHOENIX, ARIZONA SS004-4470 FACSIMILE (602) 256-447S WRITERS DIRECT LINE November 17, 2014 Timothy J. Martens (602)256-4453 hnartens@gbiaw.com LAND EXCHANGE BID Sent Via Hand-Delivery and Overnight Delivery City of Apache Junction, Arizona Attention: City Cleric 300 East Superstition Boulevard Apache Junction, Arizona 85119 Re: Response to Notice Inviting Bid Proposals Project No. ED-14-01 Dear Sirs: This letter constitutes a bid by WGG Partners, LLC , a Delaware limited liability company, in response to the Notice Inviting Bid Proposals identified above with respect to the proposed exchange of property owned by the City of Apache Junction, Arizona identified as Pinal County Assessor's Map Parcel No. 101-21-050 as described in the attached Notice Inviting Bid Proposals. WGG submits its bid and offers to exchange the property described in the attached Exchange Agreement on and subject generally to the terms described in the attached agreement. Please let us know if there is any additional information you require concerning the property offered by WGG Partners, LLC or WGG Partners, LLC. Thank you very much. Very truly yours, GAMMAGE &BURNHAM, P.L.C. y Timotjy J. Martens TM/dj c 1 cc: Herbert S. Madan 7784.2.844614.1 U/17/2014 NOTICE INVITING BID PROPOSALS FOR EXCHANGE OF CITY-OWNED LAND IN DOWNTOWN APACHE JUNCTION, ARIZONA FOR PRIVATE LAND ALSO LOCATED IN DOWNTOWN APACHE JUNCTION, ARIZONA PROJECT NO. ED-14-01 In accordance with Arizona Revised Statutes § 36-1480, the City of Apache Junction, Arizona, is inviting bids from parties interested in a parcel of city-owned land located at 112 E. 2nd Avenue in downtown Apache Junction, AZ. The property, subject to easements, restrictions and encumbrances of record consists of approximately 0.10 acres of land and a 1,764 square foot building. The parcel is shown on the Final County Assessor's Map Book 10, Parcel No. 101-21-050. The parcel is zoned B-3 and is depicted on Exhibit A, attached hereto. Future use of the parcel must comply with all applicable city and state laws and regulations, and be developed in accordance with the redevelopment plan for the Crossroads Redevelopment Area ("CRA") and align with the vision and goals set forth in the City Council-adopted Downtown Redevelopment& Implementation Strateqv ("DRIS"). The City strongly prefers an exchange for other property located within the CRA (boundaries of the CRA can be found in the redevelopment plan). The proposed property to be exchanged must be of approximate equal value, but in no event less than the value of the identified City-owned parcel. Persons wishing to submit a bid are responsible for conducting their own investigation, title examination and all other due diligence concerning the City-owned land. The City assumes no responsibility or liability in connection with the investigation, title review or other due diligence activities of prospective bidders or other persons. Bid forms, redevelopment plans and maps are on file and available Monday through Thursday, 7:00am— 6:00pm at the City Clerk's office at 300 E. Superstition Blvd., Apache Junction, AZ. Each bidder shall provide such information as may be required by the City as evidence that he/she is qualified to successfully execute an exchange of property. The City will not accept any land with delinquent tax or other liabilities owed to Pinal County. Bids must be submitted in the form of a sealed letter with the words "Land Exchange Bid" and addressed to the City Clerk at the above address. Sealed bids will be received in the City Clerk's office until: 3:00 PM, MST, WEDNESDAY, NOVEMBER 19, 2014 at which time and place the bids will be opened and read as a matter of public information. Any bid received after the closing time will be returned unopened. The City of Apache Junction reserves the right to reject any/all bids received, and to waive technicalities and informalities. The City Manager, or his designee, will review all bids received, and will select the exchange proposal that offers the most public benefit and is consistent with the redevelopment plan. The City will finalize the transaction with the successful bidder within a reasonable amount of time from the bid acceptance by the city council unless arranged otherwise by agreement of both parties. Additional information can be obtained from the Principal Economic Development Specialist,Janine Solley at (480) 474-5076. KATHLEEN CONNELLY c'/� ✓`" City Clerk Attachment: X yet Exhibit A—Map of City-owned property EXHIBIT A e� tall w ss � ff dvrl Yas OI A- 0!jn ' Q Y �✓ 1 � i �.: r .:�d?.,�ar,,I V o y l O I Vie- J F a eo;ooTo�oa�aoo$60- 81 n 1 p� r 3 __ ....-.,_� C ,- 111 M . srcw DRAFT 1.0-8-14 PROPERTY EXCHANGE AGREEMENT This Property Exchange Agreement (this "A Bement") is made effective as of December 2014 (the "Effective Date"), by and between WGG PARTNERS, LLC, a Delaware limited liability company ("WGG"), and the CITY OF APACHE JUNCTION, an Arizona municipal corporation("City"), collectively referred to as the"Parties"or individually as a"Party". RECITALS A. WGG owns Lots 1-9 and Tract A of Trailway Apartments in Apache Junction, Pinal County, Arizona, more particularly described in Exhibit A-1 and depicted in Exhibit A-2, both incorporated herein by this reference(the "WGG Property"), B. City owns Lots 50 and 51 of Apache Junction Plaza in Apache Junction, Pinal County, Arizona, more particularly described in Exhibit B-1 and depicted in Exhibit B-2, both incorporated herein by this reference(the "City Property"). C. The WGG Property and the City Property are sometimes referred to collectively in this Agreement as the"Subject Pronert D. WGG and City desire to cause the exchange of the WGG Property and the City Property on the terms and conditions provided for in this Agreement. AGREEMENT 1. Exchange. WGG and City agree to cause the exchange of the WGG Property and the City Property, on the terms set forth in this Agreement. WGG and the City hereby agree that the value of the WGG Property is approximately equal to, but in no event less than, the value of the City Property and the other costs required to be incurred or paid by the City pursuant to this Agreement. 2. Escrow. Upon execution of this Agreement by WGG and City, the parties shall cause an escrow (the "Escrow") to be established with First American Title Insurance Company, National Commercial Services, 2425 E. Camelback Road, Suite 300, Phoenix, Arizona 85016 (Attn: Tom Anzaldua) ("Escrow Agent").As used herein,the term "Opening of Escrow" shall mean the day on which Escrow Agent receives a copy of this Agreement executed by both WGG and City. The parties shall deliver to Escrow Agent an executed copy of this Agreement, which shall constitute instructions to Escrow Agent. If required by Escrow Agent, the parties shall execute the printed form escrow instructions used by Escrow Agent including any mutually acceptable modifications thereto (the"Escrow Instructions"),to which shall be attached an executed copy of this Agreement,and which together shall constitute instructions to Escrow Agent.If any of the provisions of this Agreement conflict with the Escrow Instructions, the provisions of this Agreement shall govern and control.No provision of the Escrow Instructions shall excuse any performance by either party at the times provided in this Agreement,extend the Closing Date provided for herein or provide either party hereto with any grace period not provided in this Agreement, and any such provision in the Escrow Instructions shall be deleted. 3. Closing. Consummation of the exchange provided for herein (the "Closing") shall take place on the Closing Date (as defined herein) through the Escrow at the offices of Escrow Agent, or at such other place as WGG and City mutually agree in writing. For purposes of this Agreement, the "Closing Date" shall mean that day that is thirty (30) days after all necessary approvals have been obtained from the City for the consummation of this transaction. "Ap rp oval" by the City shall mean collectively (i) compliance with all applicable statutes requiring notice, public hearing,public bid or auction, or other actions by the City prior to the disposition of the municipally- owned property to the extent such notice or other action is required in the judgment of the City Attorney; (ii) approval by all municipal departments and agencies that grant a specific approval; (iii) the enactment of a resolution or ordinance by the Apache Junction City Council authorizing this transaction, which Council action may pass or fail in the Council's sole and absolute discretion without regard to other departmental approvals or recommendations; and (iv) the expiration of all applicable appeal and referendum periods without appeal or referendum occurring; provided, however, that in the event the Closing has not occurred for any reason as of Faiqua33%3_l—_, }3 December 3 1; 2014, and the parties have not agreed to extend such date, then either party may terminate this Agreement by written notice to the other party and Escrow Agent. City agrees that it will diligently process all approvals required for the consummation of this transaction. In the event of Approval, at or prior to the Closing, each of the parties shall execute and deliver such documents and perform such acts as are provided for herein, or as are necessary, to consummate the transaction contemplated hereunder. All obligations of the parties to be performed at or prior to Closing are conditions precedent to the Closing as well as covenants. 4. Prorations; Closing Costs. Real estate taxes and assessments shall be prorated by Escrow Agent through Escrow as of the Closing Date based on the latest available information. If such information is changed or newer information is provided after Closing, as a result of tax protests, tax refunds or changes in the tax rates, then the parties shall make such payments, one to the other, outside of Escrow, as is necessary to adjust the proration of taxes and assessments to the actual amounts, At Closing, City shall pay the escrow fee payable to Escrow Agent with respect to the Closing and all other fees, recording costs, charges or expenses incidental to the exchange of the Subject Property. 5. WGG Actions. At Closing, WGG shall deliver to Escrow Agent the following documents, each fully executed, acknowledged and in proper form for recording (as applicable): a. a Special Warranty Deed conveying the WGG Property to City, in the form attached hereto as Exhibit C (the "WGG Property Deed"); b. an Affidavit of Property Value pertaining to the WGG Property, prepared by Escrow Agent and in the form required by Arizona law; C. an Affidavit of Non-Foreign Person pertaining to the WGG Property; d. an Affidavit of Property Value pertaining to the City Property, prepared by Escrow Agent and in the form required by Arizona law; e. a pre-audit settlement statement mutually and reasonably agreed to by the parties, reflecting the terms of this Agreement(the"Settlement Statement"); and 2 £ such other documents as may be reasonably necessary to enable Escrow Agent to issue the title policy to WGG and to otherwise fulfill the covenants and obligations to be performed by WGG pursuant to this Agreement. 6. City Actions. At Closing, City shall deliver to Escrow Agent the following documents, each fully executed,acknowledged and in proper form for recording(as applicable): a. a Special Warranty Deed conveying the City Property, in the form attached hereto as Exhibit D(the"City Property Deed"); b. an Affidavit of Property Value pertaining to the City Property, prepared by Escrow Agent and in the form required by Arizona law; C. an Affidavit of Property Value pertaining to WGG Property, prepared by Escrow Agent and in the form required by Arizona law; d. the Settlement Statement; and e. such other documents as may be reasonably necessary to enable Escrow Agent to issue the title policy to City and to otherwise fulfill the covenants and obligations to be performed by City pursuant to this Agreement. 7. Escrow Agent Actions. After verifying the execution, acknowledgment and delivery of the items set forth in Sections 5 and 6 above, and the satisfaction of all requirements to Escrow Agent's issuance of the title policies,Escrow Agent shall take the following actions: a. record the WGG Property Deed, City Property Deed and this Agreement in the official records of Pinal County,Arizona,with no intervening documents recorded; b. pay prorated items and closing costs in accordance with the Settlement Statement; C. deliver to WGG the original recorded City Property Deed and copies of all other documents deposited with Escrow Agent; d, deliver to City the original recorded WGG Property Deed and copies of all other documents deposited with Escrow Agent; and e. comply with any other instructions given by the parties in connection with the Closing, so long as such instructions are not inconsistent with the terms of this Agreement or the instructions of the other party. 8. Title Reports. As soon as reasonably possible after the Opening of Escrow, Escrow Agent shall issue to both WGG and City a preliminary title report with respect to each of the WGG Property and the City Property incident to the issuance of the title policies referred to in Paragraph 9 below. Such title reports shall include legible copies of all matters shown on Schedule "B" thereto. If any matters indicated as exceptions in such reports (other than the standard printed 3 exclusions or exceptions) are reasonably objected to by either party, the objecting party shall deliver written notice to the other party and Escrow Agent on or before fifteen (15) days after receipt of said report specifying in reasonable detail the matter to which such party objects. With respect to any amended reports the patties shall have until three (3) days after receipt of such amended reports to notify the other party and Escrow Agent in writing of any exceptions or matters not previously disclosed to which either party objects, which notice shall specify in reasonable detail the matter to which such party objects. After receipt of a parry's objections, the other patty may elect (but is not required) to attempt to eliminate the matters to which the objecting party has objected or to cause Escrow Agent to insure over said matters. If such title objections are not cured or insured over to the reasonable satisfaction of the objecting party on or before the Closing,then the objecting party,as its sole remedy with respect to the failure of the other party to cure or insure over such objections, shall have the right to terminate this Agreement and its obligations hereunder by written notice to the other patty and Escrow Agent. In all events, and without any requirement of prior objection, either party may terminate this Agreement if there are any monetary encumbrances or liens affecting title to the applicable Subject Property at Closing other than taxes and assessments not yet due. WGG or City shall remove any liens or monetary encumbrances arising from such patty's acts. 9. Title Condition. At Closing, the Escrow Agent shall furnish to WGG with respect to the City Property, and to City with respect to the WGG Property a standard coverage owner's title insurance policy (or, at either party's option, an extended coverage policy) issued by Escrow Agent, or the unconditional commitment of Escrow Agent to issue such policy in amounts required by the Parties hereto, subject only to the printed exceptions normally contained in such policies, and the matters approved by the respective Party. City shall pay the premium charged for the title policies, including any additional amounts charged for extended coverage and any title policy endorsements. 10. Inspection of Property/Indemnification. WGG, as to the City Property, and City as to the WGG Property, shall be entitled to enter the other party's property at reasonable times after the Opening of Escrow, and for a period of thirty (30) days thereafter (the"Feasibility Period") to conduct such examinations, inspections or tests that such party may deem appropriate the circumstances. If at any time prior to the expiration of the Feasibility Period, City determines, in its sole discretion, that the WGG Property is not suitable for its contemplated purposes, City shall have the right to terminate this Agreement and its obligations hereunder by written notice to the other Party and Escrow Agent. The Parties shall have the right to conduct, and shall be responsible for, such examinations, inspections or tests as the parties deem necessary and appropriate and each Party shall comply with all federal, state and local laws which might in any way relate to such examinations, inspections or tests. The Parties shall promptly restore the property they have inspected after any such entry to its pre-inspection condition. If requested by a Party, the other Party shall provide evidence of public liability insurance(or in the case of the City, an established self or pool insurance program) naming the other as an additional insured, and in such amounts as the requesting party may reasonably require. Each Party shall indemnify,defend,pay and hold harmless ("Indemnify") the other for, from and against any and all obligations, liabilities, claims, damages, costs, expenses and fees (including reasonable attorneys' fees and costs) arising from the entry, examinations, inspections,tests or restoration conducted by such Party.Notwithstanding anything in this Agreement to the contrary, each Party's obligation to restore and Indemnify shall survive the Closing or any termination of this Agreement. 4 11. Covenants of City. As additional consideration for WGG's agreement to consummate this transaction, City hereby covenants as follows: a. Lot 9. City agrees that it will use its reasonable efforts to assist WGG in acquiring fee simple title to Lot 9 of Apache Junction Plaza ("Lot 9"), In no event shall the City be required to exercise its powers of eminent domain, unless such action is determined by the City Council to be appropriate and all requisite statutory, constitutional and common law requirements are deemed satisfied by the City Council in their sole discretion. Lot 9 is more particularly described on Exhibit E-I and depicted in Exhibit E-2 both incorporated herein by this reference.This covenant shall survive the Closing of this Agreement. b. Cooperation. WGG is party to that certain Agreement for Sale and Purchase of Property dated July 1, 2014 between WGG,as Seller, and Barclay Group Venture Capital, L.L.C., d/b/a Barclay Group ("Barclav"), as Purchaser(the "Purchase Agreement"), pursuant to which Barclay is acquiring that certain real property described therein including the property commonly known as Apache Junction Plaza, of which Lot 9 is a part ("Barclay Property"). Subject to all applicable municipal requirements and without limiting the ultimate discretion of the City Council, including but not limited to development compliance with the general plan and redevelopment plan, among others, City hereby agrees that it will reasonably cooperate with and use good faith efforts to process all zoning, permitting, construction or other applications necessary or desirable to Barclay in connection with its acquisition of the Barclay Property and the other properly to be acquired by Barclay under the Purchase Agreement.This covenant shall survive the Closing of this Agreement. 12. Property Condition. Except as expressly set forth in this Agreement, each Party acknowledges agrees that they are acquiring the other Patty's property without any representations and warranties, express or implied from the transferring Party, with respect to any aspect of such property. Each Patty is acquiring the other's property strictly in "AS IS" condition,and each Party accepts and agrees to bear all risks regarding all attributes and conditions, latent or otherwise of such property.Each Party has made or will make prior to the Closing its own inspection and investigation of the property, including, without limitation, its subsurface, soil, engineering and other conditions and requirements. 13, Miscellaneous. a. Notice. All notices provided for hereunder shall be in writing and shall be deemed given and received: (a) when personally delivered; (b) seventy-two (72) hours after the same are deposited in the United States mail, postage prepaid, certified mail, return receipt requested (provided the return receipt is received indicating the notice was delivered), or (c) when delivered to a reputable overnight courier for next business day delivery, provided sender obtains evidence of such delivery; addressed to the applicable party at the address indicated below for such Party, or as to each Patty, at such other address as shall be designated by such Party in a:written notice to the other Party, Although notices and communications may be sent electronically, any electronic notice shall not be deemed to be a notice that complies with the requirements of this Section 13(a) 5 If to WGG: WGG Partners,LLC Attn: Herb Madan 2269 Chestnut Street,#659 San Francisco, CA 94123 Phone: (415) 699-5965 Email:herb_madan@yahoo.com With a copy to: Gammage&Burnham Attn: Timothy J.Martens Two North Central, 15t°Floor Phoenix,AZ 85004 Phone: (602)256-4453 Email:tmartens@gblaw.com If to City: City of Apache Junction Attn: City Manager Bryant Powell 300 East Superstition Boulevard Apache Junction,Arizona 85219-2899 Phone: (480) 474-5066 Email: bbnowell nwaicitv.not With a required copy to: City of Apache Junction Attn: City Attorney Joel Stern 300 East Superstition Boulevard Apache Junction,Arizona 85219-2899 Phone: (480)474-2604 Email:;stna ciCv.nef Escrow Agent: First American Title Insurance Company Attn: Tom Anzaldua 2425 E. Canrelback Road, Suite 300 Phoenix,AZ 85016 Phone: (602)567-8113 Email:tanzaldua@firstam.com b. Interpretation. The captions of the Sections of this Agreement are for convenience only and shall not govern or influence the interpretation hereof.This Agreement is the result of negotiations between the Parties and,accordingly, shall not be construed for or against either Party regardless of which Party drafted this Agreement or any portion thereof. Time is of the essence of this Agreement. C. Successors and Assigns. All of the provisions hereof shall inure to the benefit of and be. binding upon the personal representatives, heirs, successors and assigns of the parties. Notwithstanding the foregoing, neither party shall assign its rights or interest in this Agreement without the prior written consent of the other Party, which consent may be granted or withheld in such Party's sole and absolute discretion. Any assignment in violation 6 of this Section 13(c) shall be void and not voidable and shall vest no rights in any purported transferee or assignee. d. Entire Agreement. This Agreement constitutes the entire agreement between and reflects the reasonable expectations of the parties pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the Parties,oral or written, are hereby superseded and merged herein.No change or addition is to be made to this Agreement except by a written agreement executed by all of the Parties. e. Further Documents. The Parties shall execute and deliver all such documents and perform all such acts as reasonably requested by the other Party from time to time, prior to and following the Closing,to carry out the matters contemplated by this Agreement. f. Incorporation of Exhibits. All exhibits attached to this Agreement are by this reference incorporated herein. g. Applicable Law and Venue: The terns 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 Patty for the put-pose 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 for 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. h. Date of Performance, If the date of performance of any obligation or the last day of any time period provided for herein should fall on a Saturday,Sunday or legal holiday, then said obligation shall be due and owing, and said time period shall expire, on the first day thereafter which is not a Saturday, Sunday or legal holiday. i. Counterparts. This Agreement may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one Agreement. j. Default. In the event of a default by a Party, the Party claiming the default shall deliver written notice to the Party claimed to be in default specifying the default in reasonable detail. In the event that the Party claimed to be in default does not cure the claimed default within twenty (20) days following receipt of such notice, the Party claiming the default may, in its sole and absolute discretion, elect either: (i) to terminate this Agreement, in which event neither Party shall have any further rights with respect to this Agreement (except for obligations of Indemnity that are expressly stated to survive the termination of this Agreement); (ii) to specifically enforce this contract; or (iii) to seek any other available remedy at law or in equity. 7 k. Third Party Beneficiaries. No person or entity shall be a third party beneficiary to this Agreement, except for permitted transferees, assignees. The Parties expressly state and agree that Barclay, although mentioned in this Agreement, is neither a Party to this Agreement nor a third-party beneficiary to this Agreement. 1. Integration. Except as expressly provided herein, this Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement, understanding, negotiation or representation regarding the subject matter covered by this Agreement. in. Nonliability of City Officials. No City Council member, official, representative, agent, attorney or employee of the City shall be personally liable to WGG or to any successor in interest to WGG, in the event of any default or breach by the City or for any amount which may become due to a party or its successors, or with respect to any obligation of the City under the terms of this Agreement. D. Conflicts of Interest. This Agreement is subject to, and may be terminated by the City, in accordance with, the terms of A.R.S. § 38-511. o. IRS Real Estate Sales Re_portin , The Parties hereby appoint Escrow Agent as, and Escrow Agent agrees to act as, "the person responsible for closing" the transaction which is the subject of this Agreement pursuant to Internal Revenue Code Section 6045(e). Escrow Agent shall prepare and file all informational returns, including without limitation, the applicable IRS Form 1099-5 and shall otherwise comply with the provisions of Internal Revenue Code Section 6045(e). Escrow Agent shall indemnify, protect, hold harmless and defend WGG, City and their respective attorneys for, from and against any and all claims, actions, costs, loss, liability or expense arising out of or in connection with the failure of Escrow Agent to comply with the provisions of this Section 13 0 only to the extent such provision applies to sellers of real property. p. Area Map of all Properties. For contextual purposes Exhbit F depicts the WGG Property,the City Property and Lot 9. [Signatures on Following Page] s [Signature Page to Property Exchange Agreement] IN WITNESS WHEREOF, WGG and City have executed this Agreement as of the date first set forth above. WGG: CITY: WGG PARTNERS, LLC, a Delaware limited CITY OF APACI E JUNCTION, a municipal liability company corporation By: The Herbert S. Madan Revocable Trust Under Agreement Dated April 23, 1997, By: its sole Member Bryant Powell,Assistant City Manager By: Attest: Herb Madan,Trustee City Clerk Approved: City Attorney 9 ACCEPTANCE BY ESCROW AGENT The undersigned Escrow Agent accepts this Agreement and agrees to perform the acts applicable to Escrow Agent in accordance with the terms of this Agreement. Escrow Agent acknowledges it has received a fully executed original (or copy) of this Agreement as of the date set forth underneath its signature below. By: Its: Date: December—,2014 10 List of Exhibits A-1 - Legal Description of WGG Property A-2 - Map of WGG Property B-1 - Legal Description of City Property B-2 - Map of City Property C - Special Warranty Deed for WGG Property D - Special Warranty Deed for City Property E-1 - Legal Description of Lot 9 E-2 - Map of Lot 9 F - Map of all Properties 11 EXMBIT A-1 LEGAL DESCRIPTION OF WGG PROPERTY Lots I through 9, inclusive and Tract A, TRAILWAY APARTMENTS, according to Book 12 of Maps, Page 34,records of Pinal County,Arizona. EXHIBIT A-2 MAP OF WGG PROPERTY (� Q z g cy) w a Q� /\lDO 12� w Q ED Y m N y m d U Z O F U J _Q WWI,DIM B3S L a IDAHO RD. O 11 1 O - 0 1 / c N t 2 � / � a N n/ o w O ri \0a 1 V V� W P O N r r 0 0 OL✓LOL dVW 33S PLAZA OR. co �D/ L SEC 21 W W Z f— oarc Q LLI Zps — y U y Q r aj Z U) n� N V U =d co SEC 19 EXHIBIT B-1 LEGAL.(DESCRIPTION OF CITY PROPERTY Parcel No. 1 Lots 50 and 51, of APACHE JUNCTION PLAZA, according to Book 10 of Maps,page 41, records of Pinal County, Arizona. EXCEPTING all coal, oil, gas and other mineral deposits, as reserved unto the United States of America in the Patent of said land. Parcel No. 2 An undivided 2/57°is interest in tracts "B" and "C" as set forth in declaration recorded in Docket 316, Page 394. EY MSIT B-2 MAP OF CITY PROPERTY I V: l all Z/l lZ—Wl dVA 33S -i 7, OV021 N31S3Ha'VIM pa wj It ,m ,oc ,cc ono ® ® 00000 ® oo � ® oo$ o n N � m g a o R O N Si o W R O OL °' o Faa i z R 4)MI OHM Z Pt—LOt dvA 33S P SW= z � z N sm 2D EXHIBIT C SPECIAL WARRANTY DRRD FOR W GG PROPERTY After Recording Return To: SPECIAL WARRANTY DEED For and in consideration of Ten Dollars, and other valuable consideration, WGG PARTNERS, LLC, a Delaware limited liability company ("Grantor"), hereby conveys to the CYfY OF APACHE JUNCTION, an Arizona municipal corporation, whose address is ("Grantee"), the following real property situated in Pinal County, Arizona, together with all rights and privileges appurtenant thereto: Subject to current taxes and other assessments, reservations in patents and all easements, rights-of-way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, and all matters which an accurate survey or physical inspection of the real property would disclose. Grantor hereby binds itself and its successors to warrant and defend the title, as against all acts of the Grantor herein and no other. No other warranties,express or implied, are given by Grantor by reason of this conveyance. DATED this day of ,2014. [Signatures on Following Page] GRANTOR: WGG PARTNERS, LLC, a Delaware limited liability company By: The Herbert S. Madan Revocable Trust Under Agreement Dated April 23, 1997, its sole Member By: Herb Madan,Trustee STATE OF �) ss. County of ) This instrument was acknowledged before me this of 2014, by the of the Notary Public NOTARY SEAL EXIRMIT D SPECIAL WARRANTY DEED FOR CITY PROPERTY After Recording Return To: SPECIAL WARRANTY DEED For and in consideration of Ten Dollars, and other valuable consideration, the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("Grantor"), hereby conveys to WGG PARTNERS, LLC, a Delaware limited liability company, whose address is 2269 Chestnut Street; 4.659, San Francisco; CA 94123 ("Grantee"), the following real property situated in Pinal County, Arizona, together with all rights and privileges appurtenant thereto: Subject to current taxes and other assessments, reservations in patents and all easements, rights-of-way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, and all matters which an accurate survey or physical inspection of the real property would disclose. Grantor hereby binds itself and its successors to warrant and defend the title,as against all acts of the Grantor herein and no other. No other warranties,express or implied, are given by Grantor by reason of this conveyance. DATED this day of ,2014. [Signatures on Following Page] GRANTOR: CITY OF APACHE JUNCTION, a municipal corporation By: Its: STATE OF ARIZONA ) ss. County of Pinal ) This instrument was acknowledged before me this of 2014, by the ofthe Notary Public NOTARY SEAL EXHIBIT E-1 LEGAL DESCRIPTION OF LOT 9 Lots 9, APACHE JUNCTION PLAZA, according to Book 10 of Maps, page 41, records of Pinal County,Arizona(0009-00-1041); TOGETHER WITH an undivided 1/57th interest in and to Tracts "B"and "C" designated on said plat (TROB-00-1041,TROC-0001041); EXCEPT all coal, oil, gas and other mineral deposits as reserved in Patent from the United States of America;and EXCEPT all uranium, thorium, or any other material which is or may be determined to be peculiarly essential to the production of fissionable materials as reserved in Patent from United States of America. EXCEPTING all coal, oil,gas and other mineral deposits,as reserved unto the United States of America in the Patent of said land. EXHIBIT E-2 MAP OF LOT 9 , § lot ' \ £ 2 � ; 4 m �; _ a ��\} OS3g3333323333aet3 , . : ± ; •S _ \ . / •3 . Ez K-i . e , \ Q . . . , . . . . , 7 R : SSS + SSSS3GSS� / : ■ . _ . , - 2 , � � 3 = _ m . � £ ■ |` & m � GXMBIT F MAP OF ALL PROPERTIES )y '�''�"Y ,,J ,�,� •Y 4 �}� 'x t/vAfirm",kOr t y5 J am,� - / ;a• �kyff S� x}py� ' l P--lk mac IN Y ,��-Rk.,''JT,ruS �.� \� t 1 ._: s 2 S"- .)•l ..emu Jw-{�.., w x ...� _.. ,... _ �Za J � � � 'c jam,ai.�-+,+ �rt...i .f{�.¢' ✓.&s�mgFv pv�3 - -s.✓- ssyyi�'ry ate:. i I `h�^ r'� j Lt Py;� � t� III-a iYll1 CAI � 'I l r ?o I � � � .�+ �'r✓ � � � � 1 J b v 0 99 4� I j � '. e ) rN j" � �J •G`�c � � I j N_ lealam 1 y ` 3 { ot 7 1— I ~ m O Ooi1 fl0 � ' t IJ CI I I I B I I J b . °v 0 N Na _ O � o �7 1'om+noW,a rza p O p? m fD - ead m 'o v w Iy K n>r a O u � ID 6 N City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. Piz File ID: 14-560 Sponsor: Bryant Powell Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Presentation, discussion and action on proposed Ordinance No. 1406, implementing an additional .2% sales tax dedicated to fund roadway maintenance and repairs to sunset in 10 years. Presentation, discussion and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ORDINANCE NO. 1406 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE TRANSACTION PRIVILEGE LICENSE TAX, COMMONLY KNOWN AS THE "SALES TAX"; AMENDING THE TAX CODE OF THE CITY OF APACHE JUNCTION BY INCREASING THE RATE OF TAXATION BY TWO-TENTHS OF ONE PERCENT ( .20) FROM THE EXISTING RATE OF TWO AND TWO-TENTHS PERCENT (2 . 20) TO A TOTAL OF TWO AND FOUR-TENTHS PERCENT (2 . 4%) ; DESIGNATING THE PURPOSE; DESIGNATING AN EFFECTIVE DATE; DESIGNATING A TERMINATION DATE COMMONLY KNOWN AS THE "'SUNSET CLAUSE"; PROVIDING FOR EXISTING CONTRACTS; PROVIDING FOR PENALTIES; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR NOTICE . WHEREAS, Arizona Revised Statutes § 9-240 (B) (26) conveys upon the Mayor and City Council the power to levy taxes including a transaction privilege license tax, commonly known as the "sales tax"; and WHEREAS, the City of Apache Junction relies heavily on state-shared highway user revenue funds ("HURF") to pay for design, repair, construction, replacement and continuing maintenance for city roads; and WHEREAS, since fiscal year 2006-2007, the state has legislatively reduced HURF dollars to cities and towns; and WHEREAS, the condition of many city roadways are poor and are in need of maintenance, repair, design, construction and in some instances, complete replacement; and WHEREAS, the cost to make the maintenance, repairs, design, construction and replacement are escalating at a rapid rate each year that passes; and WHEREAS, having no city property tax, the City of Apache Junction relies primarily upon sales tax revenues to pay for these costs; and WHEREAS, the Mayor and City Council have determined that an increase of two-tenths of one percent ( . 20) transaction privilege license tax, is necessary to sustain the quality of ORDINANCE NO. 1406 Page 1 of 6 the transportation grid system for community residents and visitors and enhance the public health, safety and welfare; and WHEREAS, on October 7, 2014, a majority of the Mayor and City Council directed staff to prepare an ordinance for a . 2% increase of the sales tax for council consideration at a public hearing on December 2, 2014, in compliance with State law and the Model City Tax Code; and WHEREAS, at public meetings on September 2, 2014, September 16, 2014, October 7, 2014, and December 2, 2014, the proposed incremental increase was fully discussed; and WHEREAS, prior public notice of the consideration of the proposed incremental increase was placed on the City' s webpage and published in accordance with A.R. S . Titles 9 and 42; and WHEREAS, changes to the transaction privilege tax rate are affected by amending the Tax Code of the City of Apache Junction, and with post-adoption notification to city taxpayers and to the Arizona Department of Revenue . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL A. The tax rate in each of the following sections of the city tax code is increased from the rate of two and two-tenths percent (2 . 2%) to two and four-tenths percent (2 . 4%) : Section 8A-405 Advertising Section 8A-410 Amusement, exhibitions, and similar Activities Section 8A-415 Construction contracting: construction contractors Section 8A-416 Construction contracting: speculative builders Section 8A-417 Construction contracting: owner- builders who are not speculative builders Section 8A-420 Feed at wholesale Section 8A-425 Job Printing Section 8A-427 Manufactured buildings Section 8A-430 Timbering and other extractions ORDINANCE NO. 1406 Page 2 of 6 Section 8A-435 Publishing and periodicals distribution Section 8A-444 Hotels Section 8A-447 Additional tax upon transient lodging Section 8A-450 Rental, leasing, and licensing for use of tangible personal property Section 8A-455 Restaurants and bars Section 8A-475 Transporting for hire B. The tax rate in the following sections of the city tax code is increased from three and two-tenths percent (3 . 2%) to three and four-tenths percent (3 . 4%) : Section 8A-470 Telecommunications services Section 8A-480 Utility services C. Section 8A-460 of the city tax code is amended to read as follows : Section 8A-460 . Retail Sales : measure of tax; burden of proof; exclusions (a) The tax rate shall be at the amount equal to two and four- tenths percent (2 . 4%) of the gross income from the business activity upon every person engaging or continuing in the business of selling personal property at retail . (b) The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who made the sale . (c) Exclusions . For the purpose of this Chapter, sales of tangible personal property shall not include : (1) sales of stocks, bonds, options, or other similar materials . (2) sales of lottery tickets or shares pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes . (3) sales of platinum, bullion, or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation. (4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which ORDINANCE NO. 1406 Page 3 of 6 another Section of this Article imposes a tax, shall be considered gross income of that business activity, and are not includable as gross income subject to the tax imposed by this Section. (5) sales by professional or personal service occupations where such sales are inconsequential elements of the service provided. (d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds two thousand dollars ($2, 000) , the two and four-tenths (2 . 4%) tax rate shall apply to the first $2, 000 . Above $2, 000, the measure of tax shall be at a rate of one and four-tenths percent (1 . 4%) . (e) When this City and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purpose of this Chapter such city or town has sole and exclusive rights to such tax. (f) The appropriate tax liability for any retail sale where the order is received at a permanent business location of the seller located in this City or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller' s location. (g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunications services, including sales of reauthorization of a prepaid card or authorization number, are subject to tax under this Section. SECTION II DESIGNATING THE PURPOSE For such period of time that the City of Apache Junction, Arizona, levies the tax as described in Section I above, the revenues collected from the incremental increase of two-tenths of one percent ( . 2%) from the existing two and two-tenths percent (2 .2%) rate to the two and four-tenths percent (2 . 4%) rate shall be used for maintenance, repair, design, construction and replacement of public right-of-ways . ORDINANCE NO. 1406 Page 4 of 6 SECTION III DESIGNATING AN EFFECTIVE DATE The provisions of this ordinance shall become effective on March 1, 2015 . SECTION IV DESIGNATING A TERMINATION DATE The provisions of this ordinance shall terminate, or commonly understood to "sunset" on March 1, 2025, at which time the increased tax rate as set forth in Section I of this ordinance shall automatically revert back to two and two-tenths percent (2 . 20) or whatever the effective rate is in place at that time . SECTION V PROVIDING FOR EXISTING CONTRACTS The tax imposed pursuant to this ordinance shall not apply to contracts entered into prior to March 1, 2015 . SECTION VI PROVIDING FOR PENALTIES Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor and shall be prosecuted pursuant to Article 1-8 of the Apache Junction City Code and Section 8A-580 of the Tax Code of the City of Apache Junction. SECTION VII REPEALING ANY CONCLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION VIII PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IX PROVIDING FOR NOTICE Pursuant to A.R. S . § 42-6053 (E) , staff must provide a fully executed copy of this ordinance to the Arizona Municipal Tax ORDINANCE NO. 1406 Page 5 of 6 Code Commission and the Department of Revenue within ten days after the passage date of this ordinance . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1406 Page 6 of 6 ORDINANCE NO. 1406 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, RELATING TO THE TRANSACTION PRIVILEGE LICENSE TAX, COMMONLY KNOWN AS THE "SALES TAX"; AMENDING THE TAX CODE OF THE CITY OF APACHE JUNCTION BY INCREASING THE RATE OF TAXATION BY TWO- TENTHS OF ONE PERCENT ( . 2%) FROM THE EXISTING RATE OF TWO AND TWO-TENTHS PERCENT (2 . 2%) TO A TOTAL OF TWO AND FOUR-TENTHS PERCENT (2 . 4%) ; DESIGNATING THE PURPOSE; DESIGNATING AN EFFECTIVE DATE; DESIGNATING A TERMINATION DATE COMMONLY KNOWN AS THE "SUNSET CLAUSE"; PROVIDING FOR EXISTING CONTRACTS; PROVIDING FOR PENALTIES; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR NOTICE. WHEREAS, Arizona Revised Statutes § 9-240 (B) (26) conveys upon the Mayor and City Council the power to levy taxes including a transaction privilege license tax, commonly known as the "sales tax"; and WHEREAS, the City of Apache Junction relies heavily on state- shared highway user revenue funds ("HURF") to pay for design, repair, construction, replacement and continuing maintenance for city roads; and WHEREAS, since fiscal year 2006-2007, the state has legislatively reduced HURF dollars to cities and towns; and WHEREAS, the condition of many city roadways are poor and are in need of maintenance, repair, design, construction and in some instances, complete replacement; and WHEREAS, the cost to make the maintenance, repairs, design, construction and replacement are escalating at a rapid rate each year that passes; and WHEREAS, having no city property tax, the City of Apache Junction relies primarily upon sales tax revenues to pay for these costs; and WHEREAS, the Mayor and City Council have determined that an increase of two-tenths of one percent ( . 2%) transaction privilege license tax, is necessary to sustain the quality of the ORDINANCE NO. 1406 Page 1 of 6 transportation grid system for community residents and visitors and enhance the public health, safety and welfare; and WHEREAS, on October 7, 2014, a majority of the Mayor and City Council directed staff to prepare an ordinance for a . 2% increase of the sales tax for council consideration at a public hearing on December 2, 2014, in compliance with State law and the Model City Tax Code; and WHEREAS, at public meetings on September 2, 2014, September 16, 2014 , October 7, 2014, and December 2, 2014 , the proposed incremental increase was fully discussed; and WHEREAS, prior public notice of the consideration of the proposed incremental increase was placed on the City' s webpage and published in accordance with A. R. S . Titles 9 and 42 ; and WHEREAS, changes to the transaction privilege tax rate are affected by amending the Tax Code of the City of Apache Junction, and with post-adoption notification to city taxpayers and to the Arizona Department of Revenue. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL A. The tax rate in each of the following sections of the city tax code is increased from the rate of two and two-tenths percent (2 . 2%) to two and four-tenths percent (2 . 4%) : Section 8A-405 Advertising Section 8A-410 Amusement, exhibitions, and similar Activities Section 8A-415 Construction contracting: construction contractors Section 8A-416 Construction contracting: speculative builders Section 8A-417 Construction contracting: owner-builders who are not speculative builders Section 8A-420 Feed at wholesale Section 8A-425 Job Printing Section 8A-427 Manufactured buildings Section 8A-430 Timbering and other extractions Section 8A-435 Publishing and periodicals distribution ORDINANCE NO. 1406 Page 2 of 6 Section 8A-444 Hotels Section 8A-447 Additional tax upon transient lodging Section 8A-450 Rental, leasing, and licensing for use of tangible personal property Section 8A-455 Restaurants and bars Section 8A-475 Transporting for hire B. The tax rate in the following sections of the city tax code is increased from three and two-tenths percent (3 . 2%) to three and four-tenths percent (3. 4%) : Section 8A-470 Telecommunications services Section 8A-480 Utility services C. Section 8A-460 of the city tax code is amended to read as follows: Section 8A-460 . Retail Sales: measure of tax; burden of proof; exclusions (a) The tax rate shall be at the amount equal to two and four- tenths percent (2 . 4%) of the gross income from the business activity upon every person engaging or continuing in the business of selling personal property at retail . (b) The burden of proving that a sale of tangible personal property is not a taxable retail sale shall be upon the person who made the sale . (c) Exclusions . For the purpose of this Chapter, sales of tangible personal property shall not include : (1) sales of stocks, bonds, options, or other similar materials . (2) sales of lottery tickets or shares pursuant to Article 1, Chapter 5, Title 5, Arizona Revised Statutes. (3) sales of platinum, bullion, or monetized bullion, except minted or manufactured coins transferred or acquired primarily for their numismatic value as prescribed by Regulation. (4) gross income derived from the transfer of tangible personal property which is specifically included as the gross income of a business activity upon which another Section of this Article imposes a tax, shall be considered gross income of that business activity, and ORDINANCE NO. 1406 Page 3 of 6 are not includable as gross income subject to the tax imposed by this Section. (5) sales by professional or personal service occupations where such sales are inconsequential elements of the service provided. (d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale of a single item of tangible personal property exceeds two thousand dollars ($2, 000) , the two and four-tenths (2 . 4%) tax rate shall apply to the first $2, 000 . Above $2, 000, the measure of tax shall be at a rate of one and four-tenths percent (1 . 4%) . (e) When this City and another Arizona city or town with an equivalent excise tax could claim nexus for taxing a retail sale, the city or town where the permanent business location of the seller at which the order was received shall be deemed to have precedence, and for the purpose of this Chapter such city or town has sole and exclusive rights to such tax. (f) The appropriate tax liability for any retail sale where the order is received at a permanent business location of the seller located in this City or in an Arizona city or town that levies an equivalent excise tax shall be at the tax rate of the city or town of such seller' s location. (g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunications services, including sales of reauthorization of a prepaid card or authorization number, are subject to tax under this Section. SECTION II DESIGNATING THE PURPOSE For such period of time that the City of Apache Junction, Arizona, levies the tax as described in Section I above, the revenues collected from the incremental increase of two-tenths of one percent ( . 2%) from the existing two and two-tenths percent (2 . 2%) rate to the two and four-tenths percent (2 . 4%) rate shall be used for maintenance, repair, design, construction and replacement of public right-of-ways . SECTION III DESIGNATING AN EFFECTIVE DATE The provisions of this ordinance shall become effective on March 1, 2015. ORDINANCE NO. 1406 Page 4 of 6 SECTION IV DESIGNATING A TERMINATION DATE The provisions of this ordinance shall terminate, or commonly understood to "sunset" on March 1, 2025, at which time the increased tax rate as set forth in Section I of this ordinance shall automatically revert back to two and two-tenths percent (2 . 20) or whatever the effective rate is in place at that time. SECTION V PROVIDING FOR EXISTING CONTRACTS The tax imposed pursuant to this ordinance shall not apply to contracts entered into prior to March 1, 2015 . SECTION VI PROVIDING FOR PENALTIES Any person found guilty of violating any provision of these amendments to the tax code shall be guilty of a class one misdemeanor and shall be prosecuted pursuant to Article 1-8 of the Apache Junction City Code and Section 8A-580 of the Tax Code of the City of Apache Junction. SECTION VII REPEALING ANY CONCLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION VIII PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IX PROVIDING FOR NOTICE Pursuant to A. R. S . § 42-6053 (E) , staff must provide a fully executed copy of this ordinance to the Arizona Municipal Tax Code Commission and the Department of Revenue within ten days after the passage date of this ordinance. PASSED AND ADOPTED BY THE MAYOR AND CITY COQNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 1,.;,;: DAY OF `�C;�, : ;; rs:,.'r' 2014 . ORDINANCE NO. 1406 Page 5 of 6 SIGNED AND ATTESTED TO THIS7,.%' DAY OF ',;- y ;=r" .. 2014 . J S . LACO ,Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: /022. I� RICHARD JOEL STERN City Attorney ORDINANCE NO. 1406 Page 6 of 6 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 11. Piz File ID: 14-440 Sponsor: Bryant Powell Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, December 15, 2014. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 12. Piz File ID: 14-441 Sponsor: Bryant Powell Agenda Date: 12/2/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, December 16, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026