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2002.0221.TCREM.Packet
N NOTICE OF REGULAR AND EXECUTIVE o SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL that is A� Mayor Morgan Councilwoman Hutcheson Vice Mayor Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, FEBRUARY 21, 2002 TIME: 5:30 P.M. (the Council will meet in executive session from 5:30 to 6:30 p.m. at which time the regular session will begin) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B RULES FOR ADDRESSING THE COUNCIL — ADOPTED 1118190 It 4 the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting, please adhere following rules of order if you wish to speak: .) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand, approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT — THREE (3) MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER AND ROLL CALL — Mayor Morgan 1.) Pursuant to A.R.S. §38-431.03.A.3. AND A.R.S. §38-431.03.A.4., VOTE TO GO INTO EXECUTIVE SESSION for discussion or consultation for legal advice with the attorney or attorneys of the public body (specifically regarding the Fire District); AND for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions conducted in order to avoid or resolve litigation (specifically regarding the Fire District); respectively. 2.) RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE TO THE FLAG - Mayor Morgan • INVOCATION - Vice Mayor John Kavanagh • ROLL CALL MAYOR'S REPORT: 1.) Mayor Sharon Morgan will give the state of the Town address 2.) Introduction of the new Acting Town Manager Roy Pederson Town of Fountain Hills Page I of 2 Last printed 02/19/02 4:34 PM Consent Agenda: All items listed with an asterisk (') are considered to be routine, non -controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) Consideration of APPROVING THE MEETING MINUTES of February 7, 11, 12 and 15, 2002. *2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Louis Pasco for Mama's Italian Kitchen located at 16852 E. Parkview Avenue. The application is for a new Series #12 Restaurant liquor license. *3.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Bruno LaBanca for Appian Way located at 17149 Amhurst Drive. The application is for a new Series #12 Restaurant liquor license. *4.) Consideration of an EMPLOYMENT CONTRACT for Acting Town Manager Roy Pederson. 5.) Consideration of APPOINTING A CITIZEN to fill the Council seat vacated by the resignation of John McNeill. 6.) UPDATE by Vice Mayor John Kavanagh regarding the Special Committee for Memorial Activity in connection with the September 11, 2001 events. 7.) Consideration of APPROVING THE ACQUISITION of five pedestal size pieces of sculpture to be placed in the Fountain Hills Museum/Library lobby. 8.) Consideration of the AUTHORIZATION to prepare plans and specifications and to perform construction administration for Fountain Park — Phase II and three alternatives at a cost of $164,182. 9.) Consideration of the REQUEST SUBMITTED BY THE VFW AND THE AMERICAN LEGION to fund the Veterans Memorial in Fountain Park in the amount of $40,000. 10.) REPORT by Councilwoman Fraverd and Interim Community Development Director Jesse Drake on the progress of the Developer Advisory Committee. 11.) Consideration of APPROVING AN EXPENDITURE in the amount of $467,000 for a new fire truck. 12.) Consideration of AUTHORIZING THE TOWN ATTORNEY AND TOWN MANAGER to retain the services of Mariscal Weeks for legal services in pending or contemplated litigation. 13.) CALL TO THE PUBLIC AND ADJOURNMENT. Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future, agenda. DATED this 19f' day of February, 2002 (:dL L1 -- ru Cassie B. Hansen, Director of Administration/Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with -lisabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the �"neeting to request a reasonable accommodation to participate in this meeting or. to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 2 of 2 Last printed 02/19/02 4:34 PM MEMORANDUM TO: THE HONORABLE MAYOR MORGAN AND TOWN COUNCILMEMBERS FROM: ROY PEDERSON, ACTING TOWN MANAGER DATE: FEBRUARY 15, 2002 RE: MANAGER'S REPORT FOR THE FEBRUARY 21st COUNCIL MEETING REMINDERS: An Executive Session is scheduled to immediately precede Thursday's regular meeting at 5:30 p.m. in the Jury Room. Snacks will be available. The Council meeting will immediately follow at 6:30 p.m. in Council Chambers. Town Hall will be closed in observance of the Presidents Day holiday on Monday, February 18`h, and resume normal business hours on February 19tn MAYOR'S REPORT: Immediately following roll call, Mayor Morgan will provide her "State of the Town" address and introduce the new Acting Town Manager. CONSENT AGENDA: There are four items on the consent agenda. Please review each item and contact me should you determine if any should be removed. AGENDA ITEM # 5 — COUNCILMEMBER REPLACEMENT APPOINTMENT: Mayor Morgan will announce the name of the citizen appointed to fill the Council seat vacated by the resignation of John McNeill. This position's term will be in effect from February 21, 2002 to June 3, 2004. AGENDA ITEM # 6 — CONSIDERATION OF EXPENDING $164,182 FOR THE PHASE II IMPROVEMENTS IN FOUNTAIN PARK: Council will consider the expenditure of $164,182 for the preparation of plans, specifications, and construction administration for Fountain Park Phase II improvements. The cost for the preparation of plans and specifications and construction administration for Phase II improvements and the three proposed alternates was estimated and budgeted for in the Parks and Recreation Department's current fiscal year budget. Members of the Parks and Town Manager's Report February 15, 2002 Council Meeting Page 1 of 2 14 Recreation Commission unanimously recommended approval at the February 9`h meeting. Town staff also recommends approval. Mark's report is attached. AGENDA ITEM # 7 — FUNDING REQUEST OF $40,000 FOR VETERANS MEMORIAL IN FOUNTAIN PARK: An expenditure of $40,000, on behalf of the VFW and the American Legion, will be considered to complete the Veterans Memorial in Fountain Park during Phase II improvements. This feature is included in the overall master plan for the park. Please refer to Mark's enclosed memo. AGENDA ITEM # 8 — ACQUISITION OF FIVE PIECES OF SCULPTURE FOR THE LIBRARY/MUSEUM LOBBY: The Fountain Hills Library Association and the Fountain Hills Historical Society are requesting consideration of the acquisition of five pieces of art to be placed in the Fountain Hills Library/Museum lobby. Cassie's memo is attached. AGENDA ITEM # 9 — PROGRESS UPDATE FROM THE DEVELOPER ADVISORY COMMITTEE: Councilmember Leesa Fraverd and Interim Community Development Director will update the council on the progress of the recently formed Developer Advisory Committee. Memos from Councilmember Fraverd/Jesse are attached for your review. AGENDA ITEM # 10 — APPROVAL OF EXPENDITURE FOR A NEW FIRE TRUCK: Council will consider an expenditure of $467,000 for replacement of the fire service pumper/ladder truck. Funding would come from the capital expenditure account established by the former Fountain Hills Fire District. Please see Steve's enclosed memo. AGENDA ITEM # 11— AUTHORIZATION TO RETAIN LEGAL SERVICES FOR PENDING OR CONTEMPLATED LITIGATION: Bill's memo concerning authorization to retain outside counsel for fire district litigation is attached. Please Note" At the end of this packet, please find Randy's memos regarding a public utility easement on Eagle Ridge Drive, installation of a four-way stop at La Montana @ El Lago Blvd., and "No Parking" zones on La Montana Drive. The January 2002 Municipal Court Report, and the January 2002 Activity Report for the Fountain Hills Community Center are also attached. No council consideration is required. This is for informational purposes only. Town Manager's Report February 15, 2002 Council Meeting Page 2 of 2 February 15, 2002 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO Date: 2/15/2002 Re: AGENDA ITEM #2 — MAMA'S ITALIAN KITCHEN LIQUOR LICENSE AGENDA ITEM #3 — APPIAN WAY LIQUOR LICENSE AGENDA ITEM #2 — MAMAS ITALIAN KITCHEN LIQUOR LICENSE Louis Pasco has submitted an application for a new Class 12 Restaurant license for Mama's Italian Kitchen located at 16852 E. Parkview Avenue. Mr. Pasco is the new owner of the existing business formerly known as Mama's Pizza Kitchen. Although the former establishment had a liquor license, Mr. Pasco must apply for a new license. Marshal Gendler has performed his inspection and confirms that the premise satisfies the statutory requirements of a Class 12 license (please see attached memo from Steve). The premise has been posted for the 20-day statutory period and no written arguments have been received at Town Hall. Mr. Pasco has also applied for a Fountain Hills business license. Based on statutory compliance, staff recommends approval. AGENDA ITEM #3 — APPIAN WAY LIQUOR LICENSE Bruno LaBanca has submitted an application for a new Class 12 Restaurant license for Appian Way located at 17149 Amhurst Dr. Mr. LaBanca is the new owner of the existing business formerly known as Gonzo's. Although the former establishment had a liquor license, Mr. LaBanca must apply for a new license. Marshal Gendler has performed his inspection and confirms that the premise satisfies the statutory requirements of a Class 12 license (please see attached memo from Steve). The premise has been posted for the 20-day statutory period and no written arguments have been received at Town Hall. Mr. LaBanca has also applied for a Fountain Hills business license. Based on statutory compliance, staff recommends approval, Agenda Items 2/21/02 Page 1 of 1 Last printed 2/15/2002 1:29 PM 2/15/2002 Town of Fountain Hills Memorandum TO: Cassie Hansen / FROM: Steve Gendler C DATE: January 29, 2002 SUBJECT: Liquor License Application — Mama's Italian Kitchen ------------------------------------------------------------------ The purpose of this memorandum is to provide an endorsement of the attached liquor license application for "Mama's Italian Kitchen", a restaurant located at 16852 Parkview. It is my understanding that the application is scheduled for consideration at the Council session on February 21 st. This application is for a new Class 12 liquor license under the specifications of ARS 4- 205.02. A Class 12 license is for restaurant use only. This will reflect a modification in the name originally submitted as "Mama's Pizza Kitchen" in their application received on January 22°d The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. A site inspection at the facility, which is replacing the "Mama's Pizza Cucina" restaurant at that location, clearly shows that over 60% of the establishment will be devoted to service of food. In addition, the facility previously served as a restaurant under the previous owners who held a class 12 license. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. While the site inspection did show a class 6, two class 7, a class 9, six class 12 and a class 14 liquor licenses in the immediate area, this is typical of a developing downtown area and would have no effect on the license application. The applicant, Louis Pasco, is an Arizona resident under the provisions of ARS Title 28. I have verified that he has no outstanding wants or warrants. Additionally, the owners have applied for and will be issued a Fountain Hills Business License, #4714. Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, and the new owners have secured a Fountain Hills business license, I recommend approval by the council at the February 21s' Council meeting. )ANE DEE HULL GOVERNOR DATE: � m�an•ucuv; `O.._ a STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FACSIMILE TRANSMITTAL STREET TOTAL PAGES: (E ICLUDING =S PAGE) TO: PHONE NO: /,S' FAX NO: FROM: RlIel"IL RECEIVED . JAN 15 2002 FOUNTAIN HILLS TOWN CLERK PHONENO: (p 0 �. (o �% `� FAX N0: (602) 542-5707 HOW&RD ADAMS DIREcrOR k�ededraE•�k*ir�c�a�c�4�r��e�cde:F�c�r$r�e�:�C�rk�r,4�Y•k��e�k'ir�Fk-k�{rx�dcde�r�F��t�r•�4�e9e�1e**dci:�4�e�4tk�Ys�**:�cfci:ick9c�v*�'.:L:4i4•:4 MESSAGE:-�'? (Y- 600 WEST W,ASUINcTON - P17H FLOOR - PHOENIX, AUZONA 85007-2934 - (602) 542.5141 - TDD 542-9069 - FAX (602) 542.5707 WEB SITE. www.azll.com � INDIVIDUALS REQUIRING A.DA ACCOMMODATIONS CALL (602) 542-9051 � ARIZONA, DEPARTMENT OF LIQUOR LICENSES & CONTROL. 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 8 - 9 Tucson AZ 85701-1352 4 (602 (520) 628-6595 LIQUOR LICE]gS 2: 21 nnn9 I 1 IR tR�iT wrm BLACKINK Notice: EffectivTiov . 997, All Owners, Agents. Partners, Stockholders, Officers, or,Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION I This application is for a: SECTION 2 Type of ownership: ❑ INTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section 6 ❑ NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: I. Type of License: 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) % Mr. FOLS %v Cam- O L"15 1. Applicant/Agent's Name: Ms. (Insets one acme ONLY to appear on license) Lest First Middle 2. Corp. /Partnership/L. L.C.: (Exactly as it appears on Articles of Inc, or Auricles of Org.) 53Lness Name: Prt-4 A (Exactly as it appears on the exterior of premises) 4. Business Address: (Uo not use PO Box Number) 5. Business Phone: ( City COUNTY Residence Phone: the business located within the incorporated limits of the above city or town? ❑YES ONO 7. ��iy/l �Q� c -� , , {��� F� ; N h<<l�s Az �5�� iling Address: % Cry State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) Accepted by: DEPARDIENT USE ONLY Date: Lic. # S--aik Fees: Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING AMUCATIONS TAKES ArrRO'UG%,1ATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A [ANGER wArtvvG PERIOD. YOU ARE cACrnoNRD REG.kRZING PLANS FOR A C&AND OPENING, FTC., U-FORE FINAL AFFROVAJ, AND ISSUANCE OF TM L[CENSE. LIc 0100 11/2000 *Disabled individuals requiring special accommodation, please call (602) 542-%27. I A.RIZONA DEP.kR' NW`fT OF LIQUOR LICENSES 4, CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoertis AZ 85007�2934 TUCsd'ir AZ 85701-1352 knit (602) 542.5141 QUESTIONNAIRE (320) 628.6,595 SOCIAL SECURITY AND BIRTHDATE INFORMATION ISMADENTIAL BY LAW AND CANNOT BE DISSEMINATED TO THE PUB C Read Carefully , this instrument is a sworn docungtt .JAN p or in with black ink An extensive investigation of your background will e d False or incomplete answers could result in crimina e d n 1 u nt evocation of a license or permit. TO BE COMPLETED .BY EACH OWNE R. S 0 10 b RE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORIM MUST SU13 " r T W 41CH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE, tom, Y E IN SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE i c here is a $24.00_Processing fee f r 11o'l®rcl nt�a�u Alit t p Liquor LicenseA service fee of$25.00 wtU be charged r checlr, (A.R.S. 446852) Ir the location is currently Ucensed) 1. Check appropriate box— )0 ❑Owner []Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions e.rce t # 14, 14a & 25) Licensee or Ace t must comDlete # 25 for a Manuoer Licensee or Agent must eom lete # 25 2, Namc: IDate of Birth: Last Fiirse Middle (This AW Not Become a Part of Public Records) 3 Social Security Numbcr: Drivers License #: State: (This will Not Become a Part of Public Records) 4 . Place of Birth: Height. Weight: Eyes: Hair: City State Country (not county) Marital Status ❑ Single ❑ Married ❑ Divorced ❑ Widowed Residence (Home) Phone: ( ) 6. Name of Currcru or Most Recent Spouse: Date of Binh: (List all for last 5 years - Use additional sheet if oecessary) Last First Middle Maiden 7. You arc a bona fide resident of what state? If Arizona, date of residency: S. Telephone number to contact you during business hours for any questions regarding this document. 9 f you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. amc of Licensed Premises: jyt /+M /�J- J74,4-C'4 t'n ):�tt44ZrJ - Premises Phone: ( ) 11. Licensed Premises Address: Street Address (Do not use PO Box A) City County Zip 12. List vour ernolovmont or tune of huSinesc rinrina the nsw Fva (5) ,"rc if nnomnlnvori nett[ of rkr r;mn 1;cr rhna.. A,ot— T 1er .,...mot .,o..e.,r let FROM Month/Year TO tvtonthlYear DESCR.I13E .POSITION OR BUSINESS EN12'LOYER'S NAlME OR NAME OF BUSINESS (Give street add(ess, city, stets & Zip) CURRENT ATTACH. ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate Your residence address for the last Five (5) vcar�- FROM MondVYear TO MondVYcar RESIDENCE Sc,"t Address C iry State Zip CURRENT lxtznhlpindivid,nix rrnurrino 4necinl aecernm atinne a aaae c _ ':- ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 APPLICATION FOR LI TYPE OR AN 2 2 Z00 40D--W Congress #150 ucson AZ 85701-1352 ='OUNTAIN HILLS (520) 628-6595 _C TOWN CLERK BLACK INK b Notice: Effective Nov. 1,1997, All Owners, Agents, Partners Stockholders, Officers or Manaeers actively involved in the day to day ooPerations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. n I'b3-0� SECTION 1 This application is for a: SECTION 2 Type of ownershi � per- rNE RIM PERMIT Complete Section 5 W LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16,17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15,16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATEIWILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4,10,13,15,16, 17 LICENSE #: 0 7 Sa 6 z; -- 1. Type of License: 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. i . A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44,6852) SECTION 4 Applicant:: (All applicants must complete this section)/ 1. Applicant/Agent's Name:: hu. ASCO /6c)t`.S M rc�lg6( (Imen one name ONLY to appear on liceme) Last Fust Middle 2. Corp./Partnership/L.L.C.: (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: _ f)" Ats 'l z z 9,4 C-aAl (Exactly as it appears on the exterior of premises) 4. Business Address: &&9.1 5 - ?44viErJ AVE �,uiq.,'ty 110LIs� 14a �Sa?(o 9'(Do not use PO Box Number) City COUNTY zip5. Business Phone: ( ey) W3 7 SyuCo Residence Phone: ( ��U) es? ` VVY0 6. Is the business located within the incorporated limits of the above city oA��O_wn? RYES ❑NO Ac� 7. Mailing Address: /6cS'�Sa L. r�AlzeV?',u V'6 Foun4A, u bilk ff 2 it 9 ❑ J.T.W.R.O.S. Complete Section 6Td t."Yl INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 ❑ CORPORATION Complete Section 7 ❑ LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain SECTION 3 Type of license and fees: Ci.. . _ 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price ty Stage Zip of License ONLY) DEPARTMENT USE ONLY Accepted by: Date: Lic. # / Z"r6 7g, Fees: FQd dd ()_ $OC1 Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXnr4ATELY90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 11/2000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. ECTION 5 Interim Permit: If you intend to operate business.while your application is pending you will need' an Interim Permit pursuant to'A:R.S. 4-203.01. There MUST be a valid license of the same type you are applying for currently issued to the location. Enter the license number currently at the location. /a Q 7z 3 0,3 Is the license currently in use? to S ❑ NO If no, how long has it been out q sg? U� L .TTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATIO)b? THISIAPP�.I, liCATI /R / C O 6?ull a P,J a Ca v M o declare that I am the C iURP= LICENSEE of the stated license and (Pdm full )cation . read applica n and the contents and all statements are true, correct and complete. ,alp p State of The foregoing instrument was acknowledged before me this (Sigrattse) A. SUAREZ day of � +� / 746 Z �—r" NotarlY Public Arizona Day of Month n Month Year -Aancopa County 4y commission expires on. �� :� a , r,�4rnrnission Expires t rr _ aivr. 1, 2005 r ;ECTION 6 Individual or Partnership Owners: (Sigtanue of NOTARY PUBLIC) ACH PERSON LISTED MUST SUBMrr A COMPLETED FORM " LICOID I ", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. Individual: Last Fist Middle % Owned Residence Address Ciry State Z _ iPAscn ZOyiS WcAfFnlAN -4., F-ouxI AW /1l//s, 00- J G6 Partnership Name: (Only the first partner listed will appear on license) 3cneral-limited Last Fast Middle % Owned State ❑ ❑ % ❑. ❑ % ❑ ❑ % ❑ ❑ (ATTACH ADDITIONAL SHEET IF NECESSARY) ?. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES XNO M 2 SECTION 7 Corporation/Limiied Liability Co.: "CH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN-APPUCANT- TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. " ❑ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. ❑ L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of Articles of Org, and Operation Agreement 1. Name of Corporation/L.L.C.: (Exactly as it appears oo Articles of Inc. cr Articles of Org.) 2. Date Incorporated/Orgaaized: 3. AZ Corporation Commission File No.: 4. AZ L.L.C. File No: State where Incorporated/Orgaaized: Date authorized to do business in AZ: Date authorized to do business in AZ: 5. Is Corp./L.L.C: non-profit? ❑ YES ❑NO If yes, give IRS tax exempt number 6. List all directors/officers in Corporation/L.L.C.: uu,c uuc 1(eSraence AM= City State Zip kni 1AUrl PJJU111V1VAL ak=l Ir 1Vtt_taaAKY) 7 T.ist stockholders or controlling members owning 10% or more: Fint tV ;MlP al_ nn,.,.,,, D--:A-- AAA--_ A% /O /0 % tH11PLUI ALL111VIV AL attrr. l 11- NtLtJJARY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0ICI', AN 'APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FORE ACH CARD. 1. Name of Club: (Exactly as it appears on Club Chang) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number. 3. List officer and directors: Last First mcdle Title Date Chartered: Residence Address (Anach a copy of Club Charier) State (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 =CTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: Current Licensee's Name: xacdy as it appears oa license) Last First Assignee's Name: Middle Last First Middle - License Type: License Number: Date of Last Renewal: ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. ECTION 10 Government: (for cities, towns, or counties only) Person to administer this license: Last First Middle Assignee's Name: Last Fast Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PRENTISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED ;ECTION 11 Person to Person Transfer: Zuestions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). . Current Licensee's Name: Exactly as it appears on license) Last First Middle '.. Corporation/L.L.C. Name: (Exactly as it appears m licatse) S. Current Business Name: (Exactly as it appears on license) 1 1. Current Business Address: i. License Type: License Number: i. Current Mailing Address (other than business): Entity: (Irtdiv., Agent, etc.) Last Renewal Date: 19 1. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO S. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 3. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. (, declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print full name) application and the contents and all statements are true, correct and complete. State of County of The foregoing instrument was acknowledged before me this (Signanae cf CURRF.NTLICHNSEE) day of Day of Month moruh Year My commission expires on: ©' (Signawre of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 14- l.� urrent Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Nurp�r. \c Last Renewal Date: 4. What date do you plan to move? SECTION 13 uestions for all in -state applicants: 1. Distance to nearest school: a0 D fL (Regardless of distance) 2. Distance to nearest church: (o 00 o ft. (Regardless of distance) 3. I am the: ❑ LESSEE ❑ SUBLESSEE What date do you plan to open? Name/Address of school: Name/Address of church: �I 1 --4. If -the premises is leased give lessors name and address: fvattfAP`N A1I15 //"Gff SCkoa /(e /a-0 610.5� Fo�,� �,► fl%pis, P ajev7s-g '4,4 Criveck �sas�r 0 0 0 / F, W . ee vd 4, 14 I l iz- ❑ PURCHASER (of premises) s /din &— P 0 '4'W -4a. Monthly rentalflease rate $ What is the remaining length of the lease? yrs. mos. —4b. What is the penalty if the lease is not fulfilled? $ �� or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ ZS� Does any one creditor represent more than 10% of that sum? ❑ YES 9NO 1f yes, list below. Total must equal 100%. Last First Ivt'iddle '7o owed (ATTACH ADDMONAL SI=T IF NECESSARY) ---6. What type of business will this license be used for? (BE SPECIRC) l zrv} el PfiJL4 ROft-9-1LuAol4' --7 ., Was a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? YES KNO if yes, attach explanation. —8. Does any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? ❑YES JV NO -9. Is the premises currently licensed with a liquor license? ❑ NO If yes, give license number and licensee's name: state License # © 7q36.3 (Exactly as it appears on license) Name ENRYC o 6 u tSE p2,E Cuomo ECTIO 1 M Restaurant, or Hotel -Motel Applicants: `Is there a valid restaurant or hotel -motel license at the proposed location? &YES ❑ NO If yes, gixe licensee's name: h1" �' it �irKa �/�12i Co G r'��vo F and license #: `- /--20 % 9,}-®� Ji Last First Middle If the answer to Question I is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. Do you understand that 400/c of your annual gross revenue must be from food sales? AYES/ ❑ NO I ;ECTIOf`a 15) Diagram of Premises: (Blueprints not accepted, diagram must be on this form) Check ALL boxes that apply to your licensed premise LJ Entrances/E;cits Liquor storage areas ❑ Drive-in windows ❑ Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 11. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. The diagram below is the only area where spirituous liquor is to be sold, served, consumed., dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. L-1- DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. U iZ c V1_ DNe to c ci E 36,6 (sQ \ JD Sib2n-e -rZ 0-1tAA��*� I Gdu 4e'A_ I J I Z a 1@ � J ti 6 1 °YYI k tr . d N t_ R YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR Or ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. C. SECTIO 66 eographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. 'ist below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. n. 4. 17101fck 91 10. M. 12. 13. 14. (61w ACH ADDITIONAL SHEET IF NECESSARY A = Your business name and identify cross streets. SECTIO ] ' nature Block: NT PA.s Co (Pnnt natnr of APPLICANVAGENT listed in Section 4 Question 1) declare that 1) I am the APPLICANT (Agent/Club Member/Panner), making this made to defraud or injure any application; I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being P increditor, taxing authority, regulatory authority, or transferor, 4) that no other person, f as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, n, or corporation, except members, officers, directors ckholders listed have been convicted of a felony in the past five (5) years. &66Azy 12n- , ),State of4C County of �dt The foregoing instrument was acknowledged before me this JUANITA ALICIA ESPARZA fy T • Notary Public - State of Arizona / day of 4 4�2__ MARICOPA COUNTY Day cf Month _77— RA- rr....,.., r.,..:.__ ...__ .,, .... I/— — Month SAMPLE GEOGRAPHICAL DATA z the area adjacent to the map provided below indicates your proposed location ad the exact names of all churches, schools, and alcoholic beverage outlets ithin a 1/2 mile radius of your proposed location. See example below) ' = Applicant Series 12 ' 1 Pink Elephants Series 06 1 2 Mama's Rest. Series 12 J 3 Corner Liquors Series 09 4 Joe's Groceries Series 10 1 5 Lions Club J 6 Burqers R Us 1-7 Pizza Perfect 1 1 8 Bi l lv Bobs Bar )9 St. Anthonys Church .0 St. Anthonys School _1 Burbank Middle School Series 14 Series 07 Series 07 Series 06 Mi. _2 First United Baptist Church ell L5 k.R.S. Section 4-207.A reads as follows: Mi. Mi. N Mi. �. No retailers license shall be issued for any premises which are. at the time :he license application is received by the Director, within three hundred(300) -iorizontal feet of a church,"within three hundred(300) horizontal feet of a Dublic or private school building with kindergarten programs or any of grades one(1) through twelve(12). or within three hundred(300) horizontal Eeet of a fenced recreational area adjacent to such school building. 19 IS ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington Sth FloorG0 W Congress #150 Phoenix AZ 85007-2934 Co.,�� 51 Tucson AZ 85701-1352 (602) 542-5141 w, P (520) 628-6595 HOTEL -MOTEL AND RESTA -{LICENSES RECORDS REQUIRED FORA"R OP #11 & #12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you willbe asked to provide to the department any documents necessary_. to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Joumals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records \r A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 0511999 12. 'Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. 4-119) C. Employee time cards (actual document usgn in and out each work day) D. Payroll records for all employees shQ fAtn jpNob k Rorg-Aa h week and hourly wages The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. 205.02.G. For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40 %) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, (print Licensee/Agent's Name): Isco ko co t-s M r c, Last First - Middle have read and fully understand all aspects of this statement. L of State of �,��z�, w County The foregoing instrument was acknowledged before me this 12T`7 day of cvH v�,,2`i'`-, of Licensee/Agent) Day of Month Month Year OFFICIAL SEAL JUANITA ALICIA ESPARZA Notary Public - State of Arizona MARICCPA COUNTY f s D ip Y) c. Day of Month Month Year (Signature of NOTARY PUBLIC OF THIS DOCUMENT AND KJUP IT WITH Y 1. P ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 (11 I RESTAURANTWA&"0N PU d 7X T ;of 1hw A41rn A Tnrlal nnri (nnnrr;tv of vrnlr Grill /f M Qj"�t4 ��- Oven Freezer �3 t�re- TQuE E2 /-10 4a, / 7- 7&7. s- C' � Refrigerator -�uu,,k/ �7C-/ J a -a D�L TREE iAgl�s �r7t so 10� Pi;?zq T4/H a b,?- Sink /t t3� �yrxaY'� Dish Washing Facilities &40/"q- L 'D)r t 'mI% - Aif;F'( Fgen fir, N mi Food Preparation •A ' x a' z Ica c, A4-�'x �� = /cc u/4--Ll /o ox 9 Counter (Dimensions) � -S'x �/ `. / cou w� , b x ,5`. s-= Other Ala L Iz/�5 Z160i2-,,94L'1 A'� Print the name of your restaurant: M (+M 1 .S f i z z,4 KNcJ E -0 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). — 4. List the seating capacity for: a. Restaurant area of your premises [ %oo 010 b. Bar area of your premises [ + Q�' - C. Total area of your premises [ 10 f>ta.roa 5. What ty e of dinnerware and utensils are utilized within your restaurant? Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). ❑ Yes % X No What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) �d yD *Disabled individuals requiring special accommodations, please call the Department. Lic0114 05/1999 8. Does your restaurant Contain any games or television? ❑ YesXNo (If yes, what types and how many? Pool tables, Video Games, Darts, etc.) 5 J% 9. Do you have live entertainment or dancing? ❑ Yes No (If yes, what type and how often?) 10. Use space below or attach a list of employee positions and their duties to fully staff your business. hereby declare that I am the APPLICANT filing this application. I have - (Print full name) read theis application and the contents and all statements true, correct and complete. State of County of The foregoing instrument was acknowledged before me this (Signature of APPLICANT) Y day of Day of Month Month year My commission expires on:: tll�l�� SEAL JUANITA ALICIA ESPARZA Notary Public - State of Arizona MARICOPA COUNTY My Comm. Expires June 3, 2002 1 BEVERAGES Coke, Diet Coke, Sprite, Mr. Pibb, Iced Tea, Tropical Tea, Pink LimpnaAe', Goffee, bottled Water' 1.35 Oi San Pellegrino sparkling water �ac,t • — j 2.00 Italian Sodas - DreamSicle, Hurricane Cherry -Vanilla, Roaibecr andvPaach Cream coda 1.75 STARTERS 71111 Garlic Cheese Bread - 6 pieces of garlic %ki Pizza Bread - 2 large pieces of Pizza bread: Bruerhetta - garlic toast w/ fresh tomato, KIDS STUFF Pizza Slice or Pe SALADS w/garlic bread or PIADINA_":5I blisto - cheese, mushrooms, tomato, olive,-1 Antipasto - A large micto with Salami morf Chicken Caesar - Lettuce, chicken breast; crr Chopped Salad - Lettuce, basil, chicken;,rpep BBQ Chopped Salad - Lettuce, BBQ chicken; Bistecca Salad - 5teak, onions, peppers, mu zarella - marinara on the Side cheese anal pizza topping id -fold and eat) & italian dressing Ila & Italian dressing my caccar dressing 2eroncini & Italian dre55ing nato & ranch dre55ing ettuce & ranch dressing 5ANDWICHE510" Italian roll served HOT with a 5idc of pasta salad Antipasto - Italian meats & cheeses, lettuce, tomato, pepperoncini, Italian dressing 5.99 Meatball - Marinara, meatball, mozzarella, romano - bell pepper & onion on rcotuest 5.99 Chicken Parma - Breaded chicken breast, mar narai mozzarella. & romano cheese 5.99 Eggplant Parma - Breaded eggplant, marinara, mozzarella & romano cheese ' 5.99 sof sauce Bistecca - 5teak, onion, bell pepper, mushroom, mozzarella& pcpperoncf Is tu! a side 5.99 5alsicca - Spicy sausage, marinara, onion, bell pe 5.99 PASTA Choice of 5paghett1nl, Penne, Rigatoni or Fettuccirif 5e ved with garlic breacl Pomodoro - Garlic, basil and marinara sauce Meatballs - Mama'S homemade meatballs and marinarats o. Italian Sausage - Mama's Spicy Italian sau5agey sauced in ara sauce Bolognese - Homemade meat sauce tom; Chicken Pesto - Garlic, peoto cream, sundri 'Za Maio Ushhr or+ab r h o Puttanesca - Garlic, marinara, capers, kalamata olive &�hedo+ato�s;f , Creamy Garlic Chicken - Garlic, cream, 5undried tomato, mus hrooms' Broccoli 5undried Tomato - Garlic, 5undried tomato, fresh tomato & broccoli (add chicken 2.00) PIZZA - NEW YOKK STYLE 5tart5 with frcoh hand to55od Medium 12" (5 slices) 7.50 - each topping 1.25 Large' ma's Sauce and Mozzarella 19.50 - each topping 1.7E MAMA'S FRESH TOPPINGS: w Pepperoni, salami, meatball, sausage, 5piceY sausage, chicken, steak, mortadella, ham, fresh mushroom, tomato, 5undried tomato, broccoli, artichoke, bell pepper, red onion, yellow onion, Spinach, basil, eggplant, jalapeno, black olive, kalarrata olive (grcek) ,roasted ganc�t pmeapple anchovy capers CALZONES x MAMA'S 10" THIN AND CRISPY. Fresco - Sauce, mozzarella cheese, toma' Mediterranean - 5auce, mozzarella choe= Vegetarian - Same aS Mediterranean but Mama's special - BBQ 5auce, mozzarella_ Palermo - Sauce, mozzarella cheese, 5pic Quattro Formaggl - Mozzarella, romano, r MAMAS SPECIALS 5erved with p Chicken Parmagianna - Melted mOzzarellt Ravioll Grandlsimo - A 10" ravioll Stuffed Chicken Limone - Lemon, artichokes, buts Meat or Veggie Lasagna - Ricotta & mOz. Eggplant Parmagianna - Marinara 5auce, DESSERTS ,; - chicken & red onion ge, bell pepper & onion' tomato & basil -.no sauce lad ana garlic bread 5paghettinl w/marinara sauce r of your favorite ingredients ;er5 with 5paghettini iee5e and marinara,', Tiramisu - Ladyfingers Soaked in espres5o'&'mar5ala, layered w/marscapone cheese Spumoni Ice Cream - Trl-flavored Italian ice cream Pizzookie - Baked chocolate chip cookie dough"W/vanilla ice cream and chocolate Syrup Zeppell - Fried dough balls topped with honey, cinnamon, vanilla ice cream and whipping cream " _q N 7Dl�q m / 2 / 2 k 2 e 4.5 s E E . c Q) ® o = 7? ° L. 3 0 )% 2 4-1e q 4-1 v§ �\2>) # _ m % E uL. .Sl s # 2 m U u 2 /ƒ4a _ § ) / 2 / � / / » ° $ k n= 2 0 @ o w e= 2 0 0 2 Z 2 E/±» f? 2 4 2 e° e ® — ■ 7 2 e 4-1 / Z / k k k 4- n o ooeo 0 g9g9 9 cz=c z rer& a \ G / � ® - S S --- < tZ LO S 2 \ , Beer Draft Bud Light - U.5.A 2.75 American f il5ner that i5 light in calories. Samuel Adams Boston Lager - U.5.A 3.25 Floral hop aroma and character with a malty body. Sierra Nevada Pale Ale - U.S.A 3.25 Assertive hop character leads into a rich body and a beautiful floral off dry finish. Dome.otic. Bottie5 Budweiser - U.5.A 2.75 Light and oweeti5h with a touch of apple -like fruitine55. Coors Light - U.5.A 2.75 Clean tasting American brew. Fat Tire - U.5.A 3.25 Soft, malty, fruity amber ale. Import Bottler, Corona - Mexico 3.25 Light and thirst quenching. Heineken - Holland 3.25 Touch of gra55ine5s and smooth firm body with a light hop character. Moretti Amber - Italy 3.25 Rich and malty with deep red color and a big body. Peroni - Italy 3.25 Well balanced Filoner in the light Italian style. E DLLC JAN 1 u P 12: 51 '1111.361 r4 J j:K i 1{ 'lacido Chardonnay, MALY � Refreshing, well- balanced,and fresh with characteristic notes of frail Zobert Mondavi `Coastal" :hardonnay, CALIFORNIA This Chardonnay emphasizeofruit with citrus, melon, and tropical fruit wfth"floral character taking central stage. Flacido Pinot Grigio, rrALY Kefreohing, well-balanced, dry, crisp and fruity with an intense bouquet. Robert Mondavi White Zinfandel, CALIFORNIA Refreshing delicate rose-hudd wine with vibrant ripe red apple and strawberry aromas. Glaos 50ttle 4.00 15.00 5.50 21.00 4.25 16.00 3.50 Hogue Gel laroCabernet/Merlot, WASHINGTON 4.50 Nicely focused cherry and plum flavors that are complemented by hints of vanilla, anise and spice. Robert Mondavi "Coastal" Cabernet Sauvignon, CALIFORNIA Velvety flavors, full of blackberries, currants and warm spice. Pladclo Chianti, rrALY 4.25 Delightfully charming, with a hint of violets in the nose and a dry, harmonious taste.` 17.00 15.00 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 0 Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 628-6595 JCIAL SECURITY AND BIRTHDATE INFORMATION FFyy��NFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED TO THE=LIC Read Carefully , this instrument is a sworgYDct�krn�e tL' �'Type or print with black ink An extensive investigation of your background will be conducted. rals�or�n�omplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. �WOEAeC14TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. AP RSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Z�f !�� zb There is a $24.00 processing fee for each fingerprint card submitted. Liquor License # � ✓__ A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) If the location is currently licensed) Check appropriate box-0_ [Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) Licensee or A ent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: PAs(o lou"S M ,,et;4F_-L- Date of Birth: Go-balf-l% Last First Middle (This Will Not Become7 a Part of Public Records) 3 . Social Security Number: 6,6 ? - a/c, - 94/02 I Drivers License #: i3 13S 6 (99c/7 State: A 2- (This Will Not Become a Part of Public Records) 4. lace of Birth: 60EF Nr;VV a2(,L OS4 Height: S" 6 Weight: 170!� Eyes: &lZ Hair: Lnt State Country(not county) 5. Marital Statusried ❑Divorced ❑Widowed Residence (Home) Phone: (�/�d) ?37me of Current orpouse: hASc c cyca .i Ac�u,�h'NtY C141m &Date of Birth: of (List all for last 5 years - Use additional sheet if necessary) Last Pirst Middle Maiden t _ 7. You are a bona fide resident of what state? A2�Zars ,If Arizona, date of residency: Q u� y ICI 9S 8 Telephone number to contact you during business hours for any questions regarding this document. ('/Su ) A 03 - 0767 C Fi/ 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: 14 �'l l}.3 tom- %z z c kcj4 Premises Phone: ( yJK©) P37 - 1,;* 11. Licensed Premises Address: 6 • PA21<VI izi w 6V • E0 U 1,1 /,+,',t/ A181 S4 $ Z Street Address (Do not use PO Box l) City County Zip 11 r ;cr nr tvnP of hmine— dnrino the nast five (5) vears if unemnloved nart of the time, list those dates. List most recent 1st. r FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address, city, state & zip) l/ Q 1 CURRENT SALES �EP �ry+!'c/tL J SIaL,'�-'/Utit,J�yziF1 l310 SEg6a9ad TNdwf%%AFC gCud�.ufi;` CAA 3o3/d' u� oo /o o/ SRLeS P /iv T�� 2� ^ ' / S-d&-j Ow N fI Br2oCJ�t1 C /><�Y2oCfif /qs- s4 MG-.-f4 4-z WTa.ol d 9 q y l,� sAt s i2� f} u t d � -I Vg/J,f C�{EVYoLE� as s- £ . FIZ,4m< L.ikw,z/ Lud ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 23' `� u �IiI v�N �� 13 TnrliratP vnnr recirienre arlrlrese fnr the last five (5) years: i 14 . #XZe,,,, Ll FROM Month/Year TO Month/Year RESIDENCE Street Address Ci State Zip C �S CURRENT / /Z u n N CCT Fo a,..t IL0,' -' 11,` IIS I R Z F00144A%N 11" //I LIC 0101 12/2000 Disabled individuals requiring special accommuuattmu pleaae — i) 1-11 If you checked the Manager box on the front of this form skip to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating YES LINO the licensed premises? If you answered YES, how many hrs/day?�, answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES XN 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 EVER been detained cited arrested indicted or sum a i90 court for violation of ANY law or El YES ANO ordinance (regardless of the disposition even if dismissed or expun For traffic yiQlations, clude onl those that were alcohol and/or drug related P 12 u 16. Have you EVER been convicted, fcned, posted bond, been rmt deposit bail imprisoned had sentence ❑YES ('NO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES *NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES *NO had a business, professional or liquor APPLICATION OR LICENSE r iected denied revoked suspended or fined in this or any other state? 19. Has anyone EVER_filed suit or obtained a judgment against you in a civil action, the subject of which ❑ YES �NO involved fraud or misrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other liquor license in this or any other state? ❑ YES VNO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates agencies involved and dispositions If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑IvD If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES kNO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating ❑ YES to operation or management of this business? NO If "yes", attach a copy of such agreement 24. I, o U i .s Nl . 'PAS C U , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. 1 State of —�RJZ n Q 4 County of f' i4ZICOPA �= "-•--The foregoing instrument was acknowledged before me this NOTARY PUB a of Applicant) STATE OF ARIZONA 14 day of Uq�-ll Lt l'u 3tICOpB County Mond, 1 yam, ' M ALataL ay of Month th Year (Signature of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, Print Licensee/Agent's Name) - Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X day of (Signature of LICENSEE/AGENT) Day of Month Month Yew My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) M. r�As�Q To ®LLC 0e/197J 2� 0 /// (-//0 �L NOTARY PUBLIC UyN STATE OF ARIZONA ManRI R County LO LORI OLLINS vMy Commission Expires 05/19/04 Town of Fountain Hills Memorandum TO: Cassie Hansen FROM: Steve Gendler L DATE: January 31, 2002 SUBJECT: Liquor License Application — Appian Way Restaurant The purpose of this memorandum is to provide an endorsement of the attached liquor license application for "Appian Way", a restaurant located at 17149 Amhurst Drive. It is my understanding that the application is scheduled for consideration at the Council session on February 21st. This application is for a new Class 12 liquor license under the specifications of ARS 4- 205.02. A Class 12 license is for restaurant use only. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. A site inspection at the facility, which is replacing "Gonzo's Cantina" at that location, clearly shows that over 60% of the establishment will be devoted to service of food. In addition, the facility served as a restaurant under the previous owners who held a class 12 license. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. While the site inspection did show three churches and a school within a one- half mile radius, this would have no effect on the license application. The applicant, Bruno LaBanca, is an Arizona resident under the provisions of ARS Title 28. I have verified that he has no outstanding wants or warrants. Additionally, the applicant has applied for and will be issued a Fountain Hills Business License, #4698. Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, and the applicant has secured a Fountain Hills business license; I recommend approval by the council at the February 21S` Council meeting. Business License verification To: Public Safety Director Steve Gendler From: Bev Bender, Executive Assistant to the Town Clerk Date: Applicant: Applicant's address: Business License: Business License effective period: Z20 -31 o� cu j{ tt,, ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL j'YY1 u r lL �2 h� \ RECEIVED 800 W Washington 5th Floor JAN 2 Q 20 400 W Congress #150 Phoenix AZ 85007-2934 �ucson AZ 85701-1352 (602) 542-5141 FOUNTAN HILLS (520) 628-6595 _ DLL�`"' CtERK APPLICATION FOR TYPE OR PRINT LI'�W T, # (7 q BLACK INK Notice: Effective Nov. 1,1997, All Owners, Agents, Partners, Stockholders Officers or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. 5 t I SECTION 1 This application is for a: SECTION 2 Type of ownership:-D r, -1 i - O PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section 6 Lou ftRIM LICENSE Complete Sections 2, 3, 4,13,14,15,16,17 INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16,17 ❑ CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ CLUB Complete Section 8 ❑ PROBATFJWILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9,13, 15,17 (fee not required) 0 TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4,10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: ` LICENSE #: 1. Type of License: �Z�cS� l Ia 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of w25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) 1. Applicant/Agent's N ® L A�ArJ C.la. 'Q N c (Insect one name ONLY to appear on license) Last First Midde 2. Corp./Partnership/L.L.C.: (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: W dEx1cdy as it appears on the, 4. Business Address: of) a (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: (7? 31 qSvc Residence Phone: (* 0) 6 (.Y— Is the business located within the incorporated limits of the above city or town? ❑YES `%NO 7 Mailing Address: I'-1 I �� `� A►��sr �R , e�,,,s,r I(I s A z SSa g , 8. Enter the amount paid for a 06, 07, or 09 license: $ �Y state zip (Price of License ONLY) Accepted by: Im t0 Fees: /00— l DO Application Interim Permit DEPARTMENT USE JONLY Date: Agent Change Club Lic.# F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CTRCUMSTANCEs OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF TIE LICENSE. LIC 0100 07/2000 *Disabled individuals requiring special accommodation, please call the Department. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you gkring for currently issued to the location. 3. Enter the license number currently at the location. 106 6 4. Is the license currently in use? 0 YES Nf AR 'l ow A lon has 'g h s � it been out of use? tom Z ATTACH THE-ICENSE CURRENTLY ISSUED ATPn1EOC TI N TO Ti4 APPLICATION.— I, declare that I am the CURRENT LICENSEE of the stated license and (Print full name) location. I have read this application a contents and all -statements are true, correct and complete. !� . State of County of X l The foregoing instrument was acknowledged before me this (Sigttature) /,,� day of Day of Month Month Year My commission e, ires on: / (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Individual: Last First Middle % Owned Residence Address City State Zip 14��, �cZ,,t�a �% �/� . P k�s� C.�zCaty� �Z Partnership Name: (Only the first partner listed will appear on license) (itv Ctate Tin Ueoeral-L1n ttml ❑ ❑ Last % ---- ❑ ❑ % ❑ ❑ % ❑ ❑ 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES XNO 0 1''`DLLC January 11, 2002 2001 JA 23 A II: 4u a To Whom It May Concern: I, Dale Zingg, am the current owner of 17149 Amhurst, Fountain Hills, formally known as Gonzo's. Thru the process of a deed in lieu of foreclosure, Art Gonzales relinquished all rights to the stated real estate, restaurant, and all equipment pertaining to this location. This deed in lieu of foreclosure was done with the cooperation of the Art Gonzales and Security Title acting as third party. Thank you for your time and consideration. Sincerely, Dal Zingg January 11, 2002 ti002 ,Aq�.:23 A IIu f To Whom It May Concern: ? I, Dale Zingg, am the current owner of`17149 Amhurst, Fountain Hills, formally known as Gonzo's. Thru the process of a deed in lieu of foreclosure, Art Gonzales relinquished all rights to the stated real estate, restaurant, and all equipment pertaining to this location. This deed in lieu of foreclosure was done with the cooperation of the Art Gonzales and Security Title acting as third party. Thank you for your time and consideration. Sincerely, Dal Zin99 COMMERCIAL REAL ESTATE PURCHASE CONTRACT AND RECEIPT FOR DEPOSIT REALTOR* o:vo.ru::v v THE PRINTED PORTION OF THIS CONTRACT HAS BEEN APPROVED BY THE ARIZONA ASSOCIATION OF REALTORS*. THIS IS INTENDED TO BE A BINDING CONTRACT. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY, ADEQUACY OF ANY PROVISION OR THE TAX CONSEQUENCES THEREOF. IF YOU DESIRE LEGAL, TAX OR OTHER PROFESSIONAL ADVICE, CONSULT YOUR ATTORNEY, TAX ADVISOR OR PROFESSIONAL CONSULTANT. 1. Received From: nJ��/�/`� v 115AAIG 2. 1 Agency Confirmation: Selling Company/Salesperson named on lines 16 and 17 is thefont of (check one): 3. ❑ the Buyer exclusively; or ❑ the Seller exclusively; or Xoth the Buyer and Seller 4. Title: The manner of takii 5. Buyer will take title as: 6. ("Buyer )g DQe nave slgnmcant legal ana tax consequences. I neretore, please consist your legal or tax auvisor It you nave any questions. Determined before Close of Escrow ❑ Community Property ❑ Joint Tenants with Right of Survivorship ❑ Sole and Separate Property ❑ Tenants in Common ❑ Other. 7. Earnest Money: Earnest money shall be held by Broker until offer is accepted. Upon acceptance, Broker is authorized to deposit the earnest money with 8. any Escrow Company to which the check is payable. If the check is payable to Broker, Broker may deposit the check in Broker's trust account or endorse 9. the check without recourse and deposit it with a duly licensed Escrow Company. Buyer agrees that, if Buyer breaches this Contract, any earnest money is 10. subject to forfeiture. All earnest money is subject to collection. In the event any check for earnest money is uncollectible, at Seller's option, Seller shall be 11. immediately released from all obligations under this Contract notwithstanding any provisions contained herein. Unless otherwise provided herein, all earnest 12. money is considered to be part of the purchase price for the Premises described below. At Buyer's election and expense, said Escrow Company shall place 13. earnest deposit in an interest bearing account to the benefiJ of the Buyer. 14. a. Amount of Earnest yob. I Form of Check c.EDep�osded ❑ Broker's Trust Account n , 15. Deposit $ � tEarnest Deposit: ith: Escrow Company: 16. Received By: Z) Oil t//41 �© a �- I (SALESPERSON'S SIGNATURE) MO/DAIYR 17. ��� �h " V/G- /V /(-• (PRINT NAME OF SELLING COMPANY) 18. Property Description and Offer: Buyer agrees to purchase the real property which includes, at no additional cost to Buyer, the permanent improvements 19. thereon, as well as the following items, if any, owned by Seller and presently located in the Property: electrical distribution systems ( power panels, buss 90. ducting, conduits, disconnects, lighting fixtures), telephone distribution systems (lines, jacks nd connections), s ce heaters, air conditioning equipment, 1. air lines, carpets, window coverings, wall coverings, security systems/alarms and, 22. 23. 24. plus personal property described herein or in attached addendum ( collectively the "Property"). Improvements and personal property shall be free of liens 25. unless otherwise specified. 26. 27. 28. 29. 30, 31. 32. 33. Property ApreSJ§. l . Zoning: City: >' �/ ! . /5- County: n P C-0 P 40 AZ, Zip Code: Assessors# O - O Legal description: Additional Existing Personal Property Included: Fixtures and Leased Equipment NOT included: 34. Addenda Incorporated:_ ❑ AAR Addendum ❑ Schedule of personal property ❑ Other 35. $ w3 01 000 Full purchase price, payable as follows: 36. $ O 000 Earnest deposit as indicated above. 37. $_ _ 38. $ 41 39. -' 40. 41. 42. 43. Closing Date: Seller and Buyer will comply with all terms and conditions of this Contract and close escrow on Any other closing date kiwr4. requires mutual agreement of Seller and Buyer. Seller and Buyer hereby agree that the close of escrow shall be defined as recordation of the documents. If 45. escrow does not close by such date, this Contract is subject to cancellation as provided in LINES 298-305. 46. Possession And Keys: Possession and occupancy shall be delivered to Buyer ❑ on date of recordation, or ❑ 47. subject to the rights of tenants under existing leases. Seller shall provide Buyer keys and/or means to operate all locks, security system/alarms and 48. 49. Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 1 of 8 pages. Initials: = BUYER BUYER SELLER SEL -R PAGE 1 COMMERCIAL REAL ESTATE PURCHASE CONTRACT LJ REALTOR' AND RECEIPT FOR DEPOSIT THE PRINTED PORTION OF THIS CONTRACT HAS BEEN APPROVED BY THE ARIZONA ASSOCIATION OF REALTORS*. THIS IS INTENDED TO BE A BINDING CONTRACT. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY, ADEQUACY OF ANY PROVISION OR THE TAX CONSEQUENCES THEREOF. IF YOU DESIRE LEGAL, TAX OR OTHER PROFESSIONAL ADVICE, CONSULT YOUR ATTORNEY, TAX ADVISOR OR PROFESSIONAL CONSULTANT. 1. Received From: --� kll t/ � A WC- - ©w J-4- 0)h?v 2. 1 Agency Confirmation: Selling Company/Salesperson named on lines 16 and 17 is the Wnt of (check one): 3. ❑ the Buyer exclusively; or ❑ the Seller exclusively; or Xoth the Buyer and Seller 4. Title: The manner of takii 5. Buyer will take title as: 6. ("Buyer") )g tme nave slgnmcant legal ana tax consequences. I nererore, please consul( your legal or Lax duvlsor II yvu nave ally yuesuul ls. Determined before Close of Escrow ❑ Community Property ❑ Joint Tenants with Right of Survivorship ❑ Sole and Separate Property ❑ Tenants in Common ❑ Other. 7. Earnest Money: Earnest money shall be held by Broker until offer is accepted. Upon acceptance, Broker is authorized to deposit the earnest money with 8. any Escrow Company to which the check is payable. If the check is payable to Broker, Broker may deposit the check in Broker's trust account or endorse 9. the check without recourse and deposit it with a duly licensed Escrow Company. Buyer agrees that, if Buyer breaches this Contract, any earnest money is 10. subject to forfeiture. All earnest money is subject to collection. In the event any check for earnest money is uncollectible, at Seller's option, Seller shall be 11. immediately released from all obligations under this Contract notwithstanding any provisions contained herein. Unless otherwise provided herein, all earnest 12. money is considered to be part of the purchase price for the Premises described below. At Buyer's election and expense, said Escrow Company shall place 13. earnest deposit in an interest bearing account to the benef ii of the Buyer. 14. a. Amount of Earnest mob. FOnn of Check c. To Be ❑ Brokers Trust Account 15. Deposit $ aC7 Eamest Deposit: Deposited With: Escrow Company: 16. Received By: ef�)( I1114, / (PRINT SALESP (SALESPERSON'S SIGNATURE) MO/DA/YR 17. (PRINT NAME OF SELLING COMPANY) • 18. Property Description and Offer: Buyer agrees to purchase the real property which includes, at no additional cost to Buyer, the permanent improvements 19. thereon, as well as the following items, if any, owned by Seller and presently located in the Property: electrical distribution systems ( power panels, buss ?0. ducting, conduits, disconnects, lighting fixtures), telephone distribution systems (lines, jacks end connections), s ce heaters, air conditioning equipment, I. air lines, carpets, window coverings, wall coverings, security systems/alarms and, 22. 23. 24. plus personal property described herein or in attached addendum ( collectively the "Property"). Improvements and personal property shall be free of liens 25. unless otherwise specified. 26. 27. 28. 29. 30. 31. 32. 33. Property A5, lY/Y 1-z"-MYe Zoning: City: %� �/ ! 5 County: 7117 A 'p- 1 C-V 0 x-1 AZ, Zip Code: `j Assessors# Legal description: Additional Existing Personal Property Included: Fixtures and Leased Equipment NOT included: 34. Addenda Incorporated:, ElAAR Addendum ❑ Schedule of personal property ❑ Other 35. $ el/30! 000 Full purchase price, payable as follows: 36. $ r7 0 O O Earnest deposit as indicated above. 37. $ _ 38. $ 39. 40. 41. 42. 43. Closing Date: Seller and Buyer will comply with all terms and conditions of this Contract and close escrow on I L -. ` - ' I Any other closing date MO/DA/YR 4. requires mutual agreement of Seller and Buyer. Seller and Buyer hereby agree that the close of escrow shall be defined as recordation of the documents. If 45. escrow does not close by such date, this Contract is subject to cancellation as provided in LINES 298-305. 46. Possession And Keys: Possession and occupancy shall be delivered to Buyer ❑ on date of recordation, or ❑ 47. subject to the rights of tenants under existing leases. Seller shall provide Buyer keys and/or means to operate all locks, security system/alarms and 48. 49. Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 1 of 8 pages. Initials: `�'==`-/ n- � - LJ � BUYER BUYER SELLER PAGE 3!Y 9 ,s �.-r�� ;NEW F RST tiOAN 50. This sale is contingent upon Buyer obtaining a commitment and funding for a new first loan. 31. Loan Amount: $ 52. Type Of Loan I ❑ Conventional Fixed Rate ❑ Conventional Adjustable Rate ❑ 53. Interest Rate: Interest rate shall not exceed % as an annual rate for a fixed rate loan or an initial rate fora djustable rate loan. 54. Buyer agrees to establish ("lock -in") the interest rate and "points" by separate Contract with the lender at the time of the loan applic ion. 55. Loan Term/Amortization: 56. The loan shall be amortized over a period of not less than years and all due in not less th years. 57. Type Of Financing Instrument. Buyer shall execute ❑ a promissory note and deed of trust or ❑ 58. and record the curity instrument against the property. 59. Loan Application: Buyer agrees to file a substantially complete loan application within five business day after the acceptance of this Contract and to 60. promptly supply all documentation required by the lender. Buyer agrees to pay such fees as required by tPk lender. Buyer authorizes the lender to provide 61. loan status updates to Brokers. If Buyer shall fail to notify its Broker, Escrow Holder and Seller, in wri g within days following the Date of 62. Agreement, that the New Loan has not been obtained, it shall be conclusively presumed that Bu r has either obtained said New Loan or has waived this 63. New Loan contingency. 64. If, after due diligence, Buyer shall notify the Broker, Escrow Holder and Seller, in writing, ithin the time specified in Line 61 hereof, that Buyer has not 65. obtained said New Loan, this Agreement shall be terminated, and Buyer shall be enti d to the prompt return of Buyer's Deposit and any other funds 66. deposited by or for Buyer with Escrow Holder or Seller, plus any interest earned there , less only Escrow Holder and Title Company cancellation fees and 67. costs, which Buyer shall pay. 68. Discount points shall not exceed: 69. Loan Origination fee not to exceed 70. 71. 72. '3. I,.4. 75. Any additional costs not otherwise agreed upon by 2shalli PAID BY: Buyer Seller ntPoints.............................................................. ................... ❑ ............❑ OriginationFee.......................................................................❑ ............❑ .A. Lender Title Insurance Policy ............................................❑ ............❑ itReport...................................................................................❑ ............❑aisal Fee...................................................................................❑ ............❑ Buyer. 76. Appraisal: This sale I ❑ is ❑ is not /tingent upon an appraisal of the Property by an appraiser acceptable to the lender for 77. 1 ❑ the sales price ❑ an amount necessary to obtain the loan. 78. Buyer and Seller acknowledge that the appraisal is an opinion of value for lending purposes only, and may be different from the full purchase price. 79. Buyer agrees to assume the existing first loan and pay all payments subsequent to Close of Escrow. 80. Assumption: This sale I ❑ is ❑ is not contingent upon the Buyer qualifying for assumption of the existing first loan. 81. Release of Seller's Liability: This sale El is El is not contingent upon Seller being released from liability for to being assumed. If Seller is not 82. released from liability, Seller acknowledges that there may be continuing liability in the event of a Buyer default 83. Loan Balance: $ Loan Due Date: 84. The balance of any encumbrance being assumed is approximate. Any difference shall be reflected in the: 85. 1 ❑ Cash Down Payment ❑ Seller Carryback ❑ Other: 86. Type Of Loan: ❑ Fixed Rate ❑ Adjustable Rate ❑ 87. Current Interest Rate: = Current Payment Amount: ❑ PITI ❑ PI ❑ 88. Impounds: Buyer shall ❑ reimburse Seller for any impounds transf ed to Buyer or ❑ 39. Loan Transfer and Assumption Fees: I To be paid byZBuyer ❑ Seller ❑ I [All other lender charges shall be paid by Buyer.] 90. Lender Requirements. Buyer agrees to cooperate y with lender and supply the necessary documentation to complete the assumption. Buyer agrees to 91. assume the existing lien and pay all payments s sequent to close of escrow. 92. 1❑ If more than one loan is being assume see other terms and conditions (lines 146-170) or ❑ addendum for assumption details. Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 2 of 8 pages. Initials: ? ' '= '~ = / 1-2, BUYER BUYER SELLER S LLL�ft PAGE 2 FINANCING OPTIONS IKOT'110 50. This sale is contingent upon Buyer obtaining a commitment and funding for a new first loan. ,1. Loan Amount: l $ 52. Type Of Loan ❑ Conventional Fixed Rate ❑ Conventional Adjustable Rate ❑ 53. Interest Rate: Interest rate shall not exceed % as an annual rate for a fixed rate loan or an initial rate fora djustable rate loan. 54. Buyer agrees to establish ("lock in") the interest rate and "points" by separate Contract with the lender at the time of the loan applic ion. 55. Loan Term/Amortization: 56. The loan shall be amortized over a period of not less than years and all due in not less th years. 57. Type Of Financing Instrument. Buyer shall execute ❑ a promissory note and deed of trust or ❑ 58. and record the curity instrument against the property. 59. Loan Application: Buyer agrees to file a substantially complete loan application within five business day after the acceptance of this Contract and to 60. promptly supply all documentation required by the lender. Buyer agrees to pay such fees as required by t lender. Buyer authorizes the lender to provide 61. loan status updates to Brokers. If Buyer shall fail to notify its Broker, Escrow Holder and Seller, in wri ' g within days following the Date of 62. Agreement, that the New Loan has not been obtained, it shalt be conclusively presumed that Bu r has either obtained said New Loan or has waived this 63. New Loan contingency. 64. If, after due diligence, Buyer shall notify the Broker, Escrow Holder and Seller, in writing, 'thin the time specified in Line 61 hereof, that Buyer has not 65. obtained said New Loan, this Agreement shall be terminated, and Buyer shall be enti d to the prompt return of Buyer's Deposit and any other funds 66. deposited by or for Buyer with Escrow Holder or Seller, plus any interest earned there , less only Escrow Holder and Title Company cancellation fees and 67. costs, which Buyer shall pay. 68. Discount points shall not exceed: total point(s). PAID BY: 69. Loan Origination fee not to exceed point(s). Buyer Seller 70. Di int Points.................................................................................❑ ............❑ 71. an Origination Fee.......................................................................❑ ............❑ 72. A.L.T.A. Lender Title Insurance Policy ............................................❑ ............❑ IL'3. Credit Report ...................................................................................❑ ............❑ 4. Appraisal Fee...................................................................................❑ ............❑ 75. Any additional costs not otherwise agreed upon by Iler shall be paid by Buyer. 76. Appraisal: This sale I ❑ is ❑ is not /ntingent upon an appraisal of the Property by an appraiser acceptable to the lender for 7-7.1 ❑ the sales price ❑ an amount necessary to obtain the loan. 78. Buyer and Seller acknowledge that the appraisal is an opinion of value for lending purposes only, and may be different from the full purchase price. ASSUMPTION OF O. 79. Buyer agrees to assume the existing first loan and pay all payments subsequent to Close of Escrow. 80. Assumption: This sale 1 ❑ is ❑ is not contingent upon the Buyer qualifying for assumption of the existinXloan. 81. Release of Seller'sLiability: This sale ❑ is ❑ is not contingent upon Seller being released from liabilitssumed. If Seller is not 82. released from liability, Seller acknowledges that there may be continuing liability in the event of a Buyer default. 83. Loan Balance: I $ Loan Due Date: 84. The balance of any encumbrance being assumed is approximate. Any difference shall be reflected in the: 85. 1 ❑ Cash Down Payment ❑ Seller Carryback ❑ Other. 86. Type Of Loan: ❑ Fixed Rate ❑ Adjustable Rate ❑ 87. Current Interest Rate: % Current Payment Amount: ❑ PITI ❑ PI ❑ 88. 1 Impounds: Buyer shall ❑ reimburse Seller for any impounds transf ed to Buyer or ❑ 46.,19. Loan Transfer and Assumption Fees: To be paid by Buyer ❑ Seller ❑ (All other lender charges shall be paid by Buyer.] 90. Lender Requirements. Buyer agrees to cooperate y with lender and supply the necessary documentation to complete the assumption. Buyer agrees to 91. assume the existing lien and pay all payments s sequent to close of escrow. 92. 1 ❑ If more than one loan is being assumegle6 see other terms and conditions (lines 146-170) or ❑ addendum for assumption details. Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 2 of 8 pages. Initials: I ^ BUYER BU IEFI SELLEF 5 LL PAGE 2 93. A portion of the purchase price shall be paid by the Buyer„and financed by the Seller as follows: 94. Loan Amount: 1 $ as adjusted pursuant to this Contract 1#4W15. Priority Of Loan: I ❑ First ❑ Second ❑ 96. I Type Of Financing Instrument. Buyer shall execute ❑ a promissory note and deed of trust in favor of Seller or ❑ 97. and record the security instrument ainst the property. 98. Interest Rate: The unpaid balance shall bear interest at the rate of % per year, beginning at the close/escrow. 99. Payment Intervals. ❑ Monthly ❑ Quarterly ❑ Semi-annual ❑ Annual ❑ Other ❑ 100. Payment Amount. $ ❑ , or more, including the above stated interest. 101. Loan Term: I ❑ Amortizing over years ❑ If balloon payment, principal balance due on or 102. ❑ Interest only oavments, with principal balance due on or before 103. If an adjustment in the loan amount is necessary pursuant of this Contract, parties agree to adjust the.// Payment amount ❑ Term ❑ 104. Late Payments: If late, Buyer shall pay late fees: 1 ❑ Yes ❑ No I If, "Yes", payments w/h are at least days past due 105. shall be subject to a Late Fee of I / 106. Default Rate: If payment(s) are at least 30 days past due, then the principal balance shall be interest at a default rate of % over the interest 107. rate of the carryback as stated herein. Said default rate shall begin on the 31st day folio ng the due date of the payment(s) until payment(s) are brought 108. current. Payments are first applied to accrued interest and penalties, then to principal. 109. Credit Evaluation: This sale ❑ is ❑ is not contingent upon Seller's approv f Buyer's credit. If this sale is contingent upon Seller's approval of 110. Buyers credit then Seller's obligation to create such a lien shall be contingent on Seller's approving Buyer's creditworthiness. Buyer shall provide to 111. Seller a current credit report from a credit reporting agency and a completed I n application and/or financial statement satisfactory to Seller within five (5) 112. calendar days after acceptance of this Contract. After receipt by Seller of Buy rs required documentation, Seller shall have five (5) calendar days to provide 113. written notice to escrow agent of Sellers disapproval. Sellers failure to notVV escrow agent in writing shall conclusively be considered approval. 4. Due On Sale: Lien created ❑ is ❑ is not due on sale of the Pr erty. If lien created herein is due on sale of the Property, and in the event that the 5. property is sold, transferred or conveyed in any manner, the/ents note and security instrument used shall provide that the promissory note and secu- 116. rity instrument become immediately due and payable. 117. Payments Through Servicing Agent. Payments on this lorior encumbrances shall be made concurrently through a single servicing account to 118. be maintained by a duly licensed account servicing agent. n this loan shall be made at least 10 days prior to the due date of any periodic pay- 119. ment due on any prior encumbrance. The parties hereby insng agent not to accept any payment without all other concurrent payments. 120. Collection account to be handled by 121. Collection Fees: Collection set up fees and servic' g costs shall be paid by ❑ Buyer [ISeller ❑ 122. Property Taxes: In the absence of an impo 91,11d account, buyer shall ❑ provide the Seller proof of payment within days of due date for 123. property taxes or ❑ Buyer shall provid nd pay for a tax service contract over the life of this loan which will provide a delinquency notice to Seller of 124. 1 any unpaid taxes. 125. Insurance: Buyer shall provide, intain and deliver to Seller with Seller named as an additional insured, an extended coverage insurance policy insur- 126. ing against loss from such exte ed coverage risks in an amount ❑ equal to at least 100% of the full replacement cost of the improvements 127. including all furniture, fixtur and equipment, or ❑ $ an amount acceptable to Buyer and Seller. Buyer shall have in force a policy of 128. public liability insurance h a single limit of not less than $ naming Seller as an additional insured. Insurance policies shall be of 129. such form, substance nd amount written by a company acceptable to Seller. 130. These provisions f taxes and insurance shall be made part of the security instrument which shall be the Title Company standard form, as modified by 131. this Contract. 132. Buyer's Liab' y: The Buyer acknowledges that, unless otherwise agreed, Buyer shall have personal liability in case of default on any Seller Carryback 133. financing. er shall furnish to Seller, at Buyers expense, a Standard Loan Policy in the full amount of any loan carried back by Seller and secured by the 134. real prop described in Lines 26-30 of this Contract. Such Standard Loan Policy shall show that Seller's lien has the priority agreed to by the parties. 135. Release Of Broker. Any financing described in this Contract will be independently investigated and evaluated by Seller and/or Buyer, who hereby acknowl- 136. edge that any decision to enter into any financing arrangements with any person or entity will be based solely upon such independent investigation and 137. evaluation. Buyer and Seller further hold harmless and release Broker and acknowledge that Broker is not responsible for Buyers or Sellers decisions con- 138. cerning the desirability or acceptability of any financing or any terms thereof. 9. Changes. Buyer shall not make any changes to financing terms described in this Contract without the prior written consent of Seller unless such changes . do not adversely affect Buyer's ability to qualify for the financing, increase Sellers closing costs or delay the closing date. 141. Return Of Earnest Deposit. Unless otherwise provided herein, Buyer is entitled to a return of the earnest deposit, if after a diligent and good faith effort, Buyer 142. does not qualify for the financing described in this Contract. Buyer acknowledges that prepaid items paid separately from earnest money are not refundable. 143. RESPA: The Real Estate Settlement Procedures Act (RESPA) requires that no Seller of property that will be purchased with the assistance of a federally 144. related mortgage loan shall require, directly or indirectly, as a condition of selling the property, that title insurance covering the property be purchased by the 145. Buyer from any particular title company. Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 3 of 8 pages. Initials:srr/' PAGE 3 93. A portion of the purchase price shall be paid by the Buyer, and financed by the Seller as follows: 94. Loan Amount: 1$ I as adjusted pursuant to this Contract 15. Priority Of Loan: I ❑ First ❑ Second ❑ 96. Type Of Financing Instrument. Buyer shall execute ❑ a promissory note and deed of trust in favor of Seller or ❑ 97. and record the security instrument aairist the property. 98. Interest Rate: The unpaid balance shall bear interest at the rate of % per year, beginning at the close/escrow. 99. Payment Intervals. ❑ Monthly ❑ Quarterly ❑ Semi-annual ❑ Annual ❑ Other ❑ Com encing 100. Payment Amount. ❑ , or more, including the above stated interest. 101. Loan Term: ❑ Amortizing over years ❑ If balloon payment, principal balance due on or bef e 102. ❑ Interest only payments, with principal balance due on or before 103. If an adjustment in the loan amount is necessary pursuant of this Contract, parties agree to adjust the: ❑ Payment amount ❑ Term ❑ 104. Late Payments: If late, Buyer shall pay late fees: ❑ Yes ❑ No If, "Yes", payments w ch are at least days past due 105. shall be subject to a Late Fee of 106. Default Rate: If payment(s) are at least 30 days past due, then the principal balance shal/beirnterest at a default rate of % over the interest 107. rate of the carryback as stated herein. Said default rate shall begin on the 31 st day folloe due date of the payment(s) until payment(s) are brought 108. current. Payments are first applied to accrued interest and p/ea s, then to principal. 109. Credit Evaluation: This sale ❑ is ❑ is not contingen Seller's approva f Buyer's credit. If this sale is contingent upon Seller's approval of 110. Buyers credit then Seller's obligation to create such a lienl be contingent Pon Sellers approving Buyers creditworthiness. Buyer shall provide to 111. Seller a current credit report from a credit reporting agency completed I n application and/or financial statement satisfactory to Seller within five (5) 112. calendar days after acceptance of this Contract. After receipeller of Buy is required documentation, Seller shall have five (5) calendar days to provide 113. written notice to escrow agent of Seller's disapproval. Selleure to not' escrow agent in writing shall conclusively be considered approval. C4. Due On Sale: Lien created ❑ is ❑ is not due on sthe Pr erty. If lien created herein is due on sale of the Property, and in the event that the 5. property is sold, transferred or conveyed in any manner, theiss note and security instrument used shall provide that the promissory note and secu- 116. rity instrument become immediately due and payable. 117. Payments Through Servicing Agent. Payments on this loall prior encumbrances shall be made concurrently through a single servicing account to 118. be maintained by a duly licensed account servicing agent. nts on this loan shall be made at least 10 days prior to the due date of any periodic pay- 119. ment due on any prior encumbrance. The parties hereby inservicing agent not to accept any payment without all other concurrent payments. 120. Collection account to be handled by 121. Collection Fees: Collection set up fees and servic' g costs shall be paid by ❑ Buyer ❑ Seller ❑ 122. Property Taxes: In the absence of an/id account, buyer shall ❑provide the Seller proof of payment within days of due date for 123. property taxes or [IBuyer shall propay for a tax service contract over the life of this loan which will provide a delinquency notice to Seller of 124. any unpaid taxes. 125. Insurance: Buyer shall provide, intain and deliver to Seller with Seller named as an additional insured, an extended coverage insurance policy insur- 11 126. ing against loss from such exte ed coverage risks in an amount ❑ equal to at least 100% of the full replacement cost of the improvements 127. including all furniture, fixtur and equipment, or ❑ $ an amount acceptable to Buyer and Seller. Buyer shall have in force a policy of 128. public liability insurance h a single limit of not less than $ naming Seller as an additional insured. Insurance policies shall be of 129. such form, substance nd amount written by a company acceptable to Seller. 130. These provisions f taxes and insurance shall be made part of the security instrument which shall be the Title Company standard form, as modified by 131. this Contract. 132. Buyer's Liab' y: The Buyer acknowledges that, unless otherwise agreed, Buyer shall have personal liability in case of default on any Seller Carryback 133. financing. er shall furnish to Seller, at Buyer's expense, a Standard Loan Policy in the full amount of any loan carried back by Seller and secured by the 134. real prop described in Lines 26-30 of this Contract. Such Standard Loan Policy shall show that Seller's lien has the priority agreed to by the parties. 135. Release Of Broker. Any financing described in this Contract will be independently investigated and evaluated by Seller and/or Buyer, who hereby acknowl- 136. edge that any decision to enter into any financing arrangements with any person or entity will be based solely upon such independent investigation and 137. evaluation. Buyer and Seller further hold harmless and release Broker and acknowledge that Broker is not responsible for Buyer's or Seller's decisions con- 138. ceming the desirability or acceptability of any financing or any terms thereof. 9. Changes. Buyer shall not make any changes to financing terms described in this Contract without the prior written consent of Seller unless such changes do not adversely affect Buyer's ability to qualify for the financing, increase Seller's closing costs or delay the closing date. 141. Return Of Earnest Deposit. Unless otherwise provided herein, Buyer is entitled to a return of the earnest deposit, if after a diligent and good faith effort, Buyer 142. does not quality for the financing described in this Contract. Buyer acknowledges that prepaid items paid separately from earnest money are not refundable. 143. RESPA: The Real Estate Settlement Procedures Act (RESPA) requires that no Seller of property that will be purchased with the assistance of a federally 144. related mortgage loan shall require, directly or indirectly, as a condition of selling the property, that title insurance covering the property be purchased by the 145. Buyer from any particular title company. Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 3 of 8 pages. Initials: g° f t_- PAGE 3 ADDITIONAL TERMS AND CONDITIONS 146. Other Terms: 7. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. Escrow Instructions: IAThis Contract will be used as escrow instructions ❑ Separate escrow instructions will be executed Contract will be used as escrow instructions ❑ Separate escrow instructions will be executed 172. (a) If Seller and Buyer elect to execute escrow instructions to fulfill the terms hereof, they shall deliver the same to escrow company within 15 days of the 173. acceptance of this Contract. (b) All documents necessary to close this transaction shall be executed promptly by Seller and Buyer in the standard form used 174. by escrow company. Escrow Company is hereby instructed to modify such documents to the extent necessary to be consistent with the Contract. (c) If any 75. conflict exists between thi Contract and any escrow instructi ns executed pursuant hereto, the provisions of this Contract shall be controlling. (d) Escrow 176. fees shall be paid by I gVeller Buyer c2 sC, All closing and escrow costs, unless otherwise stated herein, shall be allocated 177. between Seller and Buyer in accordance with local cust and applicable laws and regulations. (e) Escrow company is hereby instructed to send to 178.. Brokers copies of all notices and communications directed to Seller or Buyer. Escrow company shall provide to such Brokers access to escrowed materials 179. and information regarding the escrow. (f) Any documents necessary to close the escrow may be signed in counterparts, each of which shall be effective as 180. an original upon execution, and all of which together shall constitute one and the same instrument. _ 1--1 Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 4 of 8 pages. Initials: /BUYER BUYER B YER SELLER SELLER PAGE 4 ADDITIONAL TERMS AND CONDITIONS 146. Other Terms: L7. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. 158. 159. (4to. - 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. Escrow Instructions: JAThis Contract will be used as escrow instructions ❑ Separate escrow instructions will be executed 172. (a) If Seller and Buyer elect to execute escrow instructions to fulfill the terms hereof, they shall deliver the same to escrow company within 15 days of the 173. acceptance of this Contract. (b) All documents necessary to close this transaction shall be executed promptly by Seller and Buyer in the standard form used 74. by escrow company. Escrow Company is hereby instructed to modify such documents to the extent necessary to be consistent with the Contract. (c) If any 15. conflict exists between this/Contract and any escrow instructs ns executed pursuant hereto, the provisions of this Contract shall be controlling. (d) Escrow 176. fees shall be paid by I WSeller Buyer 50 All closing and escrow costs, unless otherwise stated herein, shall be allocated 177, between Seller and Buyer in accordance with local cust and applicable laws and regulations. (e) Escrow company is hereby instructed to send to 178. Brokers copies of all notices and communications directed to Seller or Buyer. Escrow company shall provide to such Brokers access to escrowed materials 179. and information regarding the escrow. (f) Any documents necessary to close the escrow may be signed in counterparts, each of which shall be effective as 180. an original upon execution, and all of which together shall constitute one and the same instrument. iZ Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 4 of 8 pages. Initials: / 2- BUYER BUYER SELLER SELLER PAGE 4 181. Title And Vesting: Escrow Company is hereby instructed to obtain and distribute to Buyer a Commitment for Title Insurance together with complete and 182. legible copies of all documents which will remain as exceptions to Buyer's policy of title insurance unless same are disposed of to the satisfaction of the 183. Title Company. Buyer is allowed calendar days after receipt of the Commitment for Title Insurance to provide written notice to 184. Seller of any of the preceding items disapproved. READ LINES 323-331 FOR IMPORTANT TERMS. Seller shall convey title by deed. Buyer shall be provided at Seller's expense a standard owner's policy showing the title 186. vested in Buyer as above. Buyer Aay acquire extended coverage at Buyer's expense. 187. 188. 189. 190. 191. 192. ❑ not required to be paid by ❑ Seller ❑ Buyer or ❑ 193. I This Contract ❑ is ❑ is not contingent upon Buyers acceptance of this survey within days of receipt. READ LINES 323-331 FOR IMPORTANT TERMS. 194. Prorations, Expenses and Adjustments: Taxes Real property taxes payable by the owner of the Property shall be prorated through Escrow as of the date of 195. the closing, based upon the latest tax bill available. Insurance, If Buyer elects to take an assignment of the existing casualty and/or liability insurance that is main• 196. tained by Seller, the current premium shall be prorated through Escrow as of the date of Closing. Rents Interest and EWenses Collected rents, interest on 197. Existing Notes, utilities, and operating expenses shall be prorated as of the date of Closing. The Parties agree to promptly adjust between themselves outside of 198. Escrow any rents received after the Closing. Deposits* All deposits held by Seller pursuant to rent/lease agreement(s) shall be given to Buyer by a credit to the 199. cash required of Buyer at the closing. Post Closing Matters Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjust- 200. ed by the Parties by appropriate cash payment outside of the Escrow when the amount due is determined. Escrow Company and Broker are relieved of any 201. responsibilities for said adjustments. 202. Assessments: The amount of any assessment which is a lien as of the close of escrow shall be Paid in Full by Seller ❑ Prorated and 203. Any assessment that becomes a lien after close of escrow is the Buyer's responsibility. Assumed by Buyer 204. Wood Infestation Report: Wood Infestation Report ❑ is ❑ is not required. If required ❑ Seller ❑ Buyer will, at his expense, place in 205. escrow a wood infestation report by a qualified licensed pest control operator, which when considered in its entirety, indicates that all buildings are free from 206. evidence of current infestation and damage from wood destroying pests or organisms. Seller agrees to pay up to ❑ one percent of the Purchase Price; or 207. ❑ $ for the treatment and repair of the damage caused by infestation and correct any conditions conducive to infestation. If such �8. costs exceed the amount mentioned above: (1) Buyer may elect to cancel this Contract. Or (2) Seller may elect to cancel this Contract unless Buyer agrees 9. in writing to either accept the Property or to pay such costs , in excess of the amount the Seller has agreed to pay. 210. 211. 212. 213. 214. 215. 216. Seller Property Disclosure Statement (SPDS): (a) ❑ Buyer has received, read, and approved the SPDS. (b)XBuyer waives review and approval of the SPDS. (c) ❑ Seller shall deliver the SPDS within five (5) calendar days after acceptance of the Contract, after which Buyer shall have five (5) calendar days after receipt by Buyer to immediately terminate this Contract notwithstanding any other provisions contained herein by delivering written notice of termination to either the Seller or to the Escrow Company, and in such event, Buyer is entitled to a return of the earnest deposit without further consent of the Seller. (AAR FORM 1417, OR EQUIVALENT, SHALL SATISFY THIS REQUIREMENT.) 217. Seller's Notice of Violations: Seller has no knowledge of any notice of violations of City, County, State, or Federal building, zoning, fire, or health laws, 218. codes, statutes, ordinances, regulations, or rules filed or issued against the Property. If Seller receives notice of violations prior to Close of Escrow, Seller 219. shall immediately notify Buyer in writing. Buyer is allowed five (5) calendar days after receipt of notice to provide written notice to Seller of any items dis- 220. approved. READ LINES 323-331 FOR IMPORTANT TERMS. 221. 222. 223. 224. 225. 226. 227. 228. 229. 230. Seller shall provide to Buyer in writing within days the following items: (1) any known pending special assessments, association fees, claims, or litigation, and (2) copies of covenants, conditions, and restrictions, articles of incorporation, by-laws, other governing documents, any other documents required by law, (3) any rent rolls, deposit rolls, personal property lists, copies of all leases, service contracts and any other agreements relating to the property, and NO r enant banKrupicy vroceecmgs. 5eiier nas no notice or Knowieoge that any tenant of the Nroperty is the subject of a bankruptcy or insolvency proceeding. No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. V itation and Waste Disposal Systems: Buyer is aware and Seller warrants that the Premises is on a: sewer system; ❑ septic system. ❑ 231. Obligations Regarding Waste Disposal Systems: At I ❑ Sellers ❑ Buyers expense, any septic tank on the Premises shall be pumped and 232. certifed by an inspector an/or contractor recognized by the applicable governmental authority. Certification and/or documentation required shall be delivered 233. to the Escrow Company. The Seller warrants that the system is being operated in compliance with the established standards of the applicable governmental 234. authority. 95. Seller's Obligations Regarding Wells: If any well is located on the Premises, Seller shall deliver to Escrow Company, before Close of Escrow, a copy of the Arizona Department of Water Resources (ADWR) "Registration of Existing Wells". Escrow Company is hereby instructed to send to the ADWR a '237. "Change of Well Information". (ARS 45-593) 238. Property with Pools: Buyer and Seller acknowledge that, if the Property contains an above or below ground swimming pool or contained body of water 239. intended for swimming, there will be compliance with any applicable state, county and municipal pool barrier and notice requirements prior to possession by 240. the Buyer. Buyer and Seller expressly relieve and indemnify brokers from any and all liability and responsibility for such compliance. r=12 Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 5 of 8 pages. Initials: ` SAVER BUYER SELLER SELL R PAGE 5 181. Title And Vesting: Escrow Company is hereby instructed to obtain and distribute to Buyer a Commitment for Title Insurance together with complete and 182. legible copies of all documents which will remain as exceptions to Buyer's policy of title insurance unless same are disposed of to the satisfaction of the 183. Title Company. Buyer is allowed calendar days after receipt of the Commitment for Title Insurance to provide written notice to 184. Seller of any of the preceding items disapproved. READ LINES 323-331 FOR IMPORTANT TERMS. Seller shall convey title 35• by �deed. Buyer shall be provided at Seller's expense a standard owner's policy showing the title 186. vested in Buyer as above. Buyer Aay acquire extended coverage at Buyer's expense. 187. 188. 189. 190. 191. 192. 193. 1 This Contract ❑ is ❑ is not contingent upon Buyer's acceptance of this survey within days of receipt. READ LINES 323-331 FOR IMPORTANT TERMS. 194. Prorations, Expenses and Adjustments: Taxes Real property taxes payable by the owner of the Property shall be prorated through Escrow as of the date of 195. the closing, based upon the latest tax bill available. Insurance: If Buyer elects to take an assignment of the existing casualty and/or liability insurance that is main- 196. tained by Seller, the current premium shall be prorated through Escrow as of the date of Closing. Rents. Interest and Expenses Collected rents, interest on 197. Existing Notes, utilities, and operating expenses shall be prorated as of the date of Closing. The Parties agree to promptly adjust between themselves outside of 198. Escrow any rents received after the Closing. Quits. All deposits held by Seller pursuant to rent/lease agreement(s) shall be given to Buyer by a credit to the 199. cash required of Buyer at the closing. Post Closing Matters Any item to be prorated that is not determined or determinable at the Closing shall be promptly adjust- 200. ed by the Parties by appropriate cash payment outside of the Escrow when the amount due is determined. Escrow Company and Brokers are relieved of any 201. responsibilities for said adjustments. 202. Assessments: The amount of any assessment which is a lien as of the close of escrow shall be Paid in Full by Seller ❑ Prorated and 203. Any assessment that becomes a lien after close of escrow is the Buyer's responsibility. Assumed by Buyer 204. Wood Infestation Report: Wood Infestation Report ❑ is ❑ is not required. If required ❑ Seller ❑Buyer will, at his expense, place in 205. escrow a wood infestation report by a qualified licensed pest control operator, which when considered in its entirety, indicates that all buildings are free from 206. evidence of current infestation and damage from wood destroying pests or organisms. Seller agrees to pay up to ❑ one percent of the Purchase Price; or 207. LEI $ for the treatment and repair of the damage caused by infestation and correct any conditions conducive to infestation. If such I8. costs exceed the amount mentioned above: (1) Buyer may elect to cancel this Contract. Or (2) Seller may elect to cancel this Contract unless Buyer agrees in writing to either accept the Property or to pay such costs , in excess of the amount the Seller has agreed to pay. 210. 211. 212. 213. 214. 215. 216. Seller Property Disclosure Statement (SPDS): (a) ❑ Buyer has received, read, and approved the SPDS. (b)XBuyer waives review and approval of the SPDS. (c) ❑ Seller shall deliver the SPDS within five (5) calendar days after acceptance of the Contract, after which Buyer shall have five (5) calendar days after receipt by Buyer to immediately terminate this Contract notwithstanding any other provisions contained herein by delivering written notice of termination to either the Seller or to the Escrow Company, and in such event, Buyer is entitled to a return of the earnest deposit without further consent of the Seller. (AAR FORM 1417, OR EQUIVALENT, SHALL SATISFY THIS REQUIREMENT.) 217. Seller's Notice of Violations: Seller has no knowledge of any notice of violations of City, County, State, or Federal building, zoning, fire, or health laws, 218. codes, statutes, ordinances, regulations, or rules filed or issued against the Property. If Seller receives notice of violations prior to Close of Escrow, Seller 219. shall immediately notify Buyer in writing. Buyer is allowed five (5) calendar days after receipt of notice to provide written notice to Seller of any items dis- 220. approved. READ LINES 323-331 FOR IMPORTANT TERMS. 221. 222. 223. 224. 225. 226. 227. 228. 229. 230. Seller shall provide to Buyer in writing within days the following items: (1) any known pending special assessments, association fees, claims, or litigation, and (2) copies of covenants, conditions, and restrictions, articles of incorporation, by-laws, other governing documents, any other documents required by law, (3) any rent rolls, deposit rolls, personal property lists, copies of all leases, service contracts and any other agreements relating to the property, and has no notice or knowledge that anv tenant of the Prnnerty is tha suhiRrt of n hnnkn intro nr incnlvonry nrnroariinn No Seller Bankruptcy Proceedings. Seller is not the subject of a bankruptcy, insolvency or probate proceeding. Sa itation and Waste Disposal Systems: Buyer is aware and Seller warrants that the Premises is on a: sewer system; ❑ septic system. ❑ 231. Obligations Regarding Waste Disposal Systems: At I ❑ Sellers ❑ Buyers expense, any septic tank on the Premises shall be pumped and 232. certifed by an inspector an/or contractor recognized by the applicable governmental authority. Certification and/or documentation required shall be delivered 233. to the Escrow Company. The Seller warrants that the system is being operated in compliance with the established standards of the applicable governmental 234. authority. 15. Seller's Obligations Regarding Wells: If any well is located on the Premises, Seller shall deliver to Escrow Company, before Close of Escrow, a copy of 36. the Arizona Department of Water Resources (ADWR) "Registration of Existing Wells". Escrow Company is hereby instructed to send to the ADWR a 37. "Change of Well Information". (ARS 45-593) 238. Property with Pools: Buyer and Seller acknowledge that, if the Property contains an above or below ground swimming pool or contained body of water 239. intended for swimming, there will be compliance with any applicable state, county and municipal pool barrier and notice requirements prior to possession by 240. the Buyer. Buyer and Seller expressly relieve and indemnify brokers from any and all liability and responsibility for such compliance. r Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 5 of 8 pages. Initials: -BUYER BUYER SELLER SELL R PAGE 5 241. Flood Hazard Disclosure: If the Property is situated in an area identified as having any special flood hazards by any governmental entity, including but not limited to, 242. being designated as a special flood hazard area by the Federal Emergency Management Agency (FEMA), Seller shall, I within calendar days after 1 43. acceptance of the offer, disclose this fact in writing to the Buyer. Flood insurance may be required by lender. Buyer is I allowed calendar days from 44. receipt of the disclosure to make further inquiries at appropriate governmental agencies, lenders, insurance agents, or other appropriate entities. Buyer shall provide 24 notice to Seller of any items disapproved within this latter time period. READ LINES 323-331 FOR IMPORTANT TERMS. 246. Physical d Environmental Inspection: Buyer shall have the right, at Buyers expense Seller s expense, f�� �� ��d� 2 e ect an inspector(s), to make "Inspections" (including tests, surveys, and other studies) of the Property, including but not limited to structural, plumbing, 248. sewer/septic, well, heating, air conditioning, electrical, and mechanical systems, built-in appliances, roof, soil, cathodic protection, foundation, pool/spa and 249. related equipment, possible environmental hazards (such as asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, haz- 250. ardous waste, and other substances, materials or products), geologic conditions, location of property lines, sign usage, zoning regulations, water/utility and 251. use restrictions. Seller shall make the Property available for all inspections. It is understood that this inspection requires that the utilities be on and the Seller 252. is responsible for providing same at his expense. Buyer shall keep the Property free and clear of liens, shall indemnify and hold Seller harmless from all lia- 253. bility, claims, demands, damages, and costs, and shall repair all damages arising from the inspections. Buyer shall provide Seller and Brokers, at no cost, 254. c pi of all reports concerning the Property obtained by Buyer. Buyer shall provide written notice to Seller of any items reasonably disapproved, within 255. 1 Men (10) calendar days or ❑ calendar days I after acceptance of the Contract. REFER TO LINES 323-331 FOR IMPORTANT TERMS. 256. Physical Inspection Waiver: The Buyer has been advised of the benefits of an independent physical inspection of the entire property in order to determine 257. the condition thereof. The Buyer hereby waives the inspection and agrees not to make any claims against the Seller, Brokers or Agents regarding the condition 258. of the property. This waiver does not release the Seller from warranties or disclosure requirements that may be expressed elsewhere in this contract. 259. BUYER BUYER SELLER SELLER 260. Environmental Waiver: The Buyer has been advised of the benefits of an independent environmental inspection of the entire property in order to determine 261. the condition thereof. The Buyer hereby waives the inspection and agrees not to make any claims against the Seller, Brokers or Agents regarding the condi- 262. tion of the property. This waiver does not release the Seller from warranties or disclosure requirements that may be expressed elsewhere in this Contract. 263. BUYER BUYER SELLER SELLER 264. SQUARE FOOTAGE: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE PREMISES IS APPROXIMATE. IF SQUARE 265. FOOTAGE IS A MATERIAL MATTER TO THE BUYER, IT MUST BE VERIFIED BY BUYER PRIOR TO CLOSE OF ESCROW. 266. Warranties: The Seller grants Buyer or Buyers representative reasonable access to enter and walk through the Premises for the purpose of satisfying ')67. Buyer that any items warranted by Seller are in working condition, and except as otherwise provided in this Contract, Seller has maintained the Property in 1 8. substantially the same condition as on the effective date of this Contract. At the earlier of possession or Close of Escrow, Buyer acknowledges that all war- 9. ranties concerning the Property have been satisfied or extinguished. Any personal property included herein shall be transferred in AS IS CONDITION and 270. SELLER MAKES NO WARRANTY of any kind, express or implied (including, without limitation, ANY WARRANTY OF MERCHANTABILITY). Brokers are 271. hereby relieved of any and all liability and responsibility for everything stated in this paragraph and the following paragraph. 272. Warranties that Survive Closing: Prior to the Close of Escrow, Seller warrants that payment in full will have been made for all rental and/or privilege 273. taxes, labor, professional services, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the Close of Escrow in con- 274. nection with the construction, alteration or repair of any structure on or improvement to the Property. Seller warrants that the information in the current listing 275. agreement, if any, regarding connection to a public sewer system, septic tank or other sanitation system is correct to the best of his knowledge. Seller war- 276. rants that he has disclosed to Buyer and Brokers all material latent defects concerning the Property that are known to Seller. Seller further warrants that he 277. has disclosed to all parties any information, excluding opinions of value, that he possesses which materially and adversely affects the consideration to be 278. paid by Buyer. 279. Representations and Releases: By signing this contract, Buyer represents that he has or will have prior to close of escrow, conducted all desired indepen- 280. dent investigations of any and all matters concerning this purchase and by closing escrow accepts the Property. Seller and Buyer hereby expressly release, 281. hold harmless and indemnify all brokers in this transaction from any and all liability and responsibility regarding the condition, square footage, lot lines or 282. boundaries, value, rent rolls, environmental problems, sanitation systems, roof, wood infestation and wood infestation report, compliance with building 283. codes or other governmental regulations, or any other material matters relating to the Property. Neither Seller, Buyer nor any broker shall be bound by any 284. understanding, agreement, promise or representation, express or implied, written or verbal, not specified herein. 285. Default And Remedies: If either party defaults in any respect on any material obligations under this Contract, the non -defaulting party may elect to be released 286. from all obligations under this Contract by cancelling this Contract as provided in Lines 298-305 below. The non -defaulting party may thereafter proceed against 287. the parry in default upon any claim or remedy which the non -defaulting party may have in law or equity. In the case of the Seller, because it would be difficult to fix 288. actual damages in the event of Buyers default, the amount of the earnest money may be deemed a reasonable estimate of the damages; and Seller may at 289. Sellers option retain the earnest money deposit, subject to any compensation to Brokers, as Sellers sole right to damages. In the event that the non -defaulting 290. party elects not to cancel this Contract, the non -defaulting party may proceed against the parry in default for specific performance of this Contract or any of its 291. terms, in addition to any claim or remedy which the non -defaulting party may have in law or equity. In the event that either party pursues specific performance of 292. this Contract, that party does not waive the right to cancel this Contract pursuant to Lines 298-305 below at any time, and proceed against the defaulting party as 293. otherwise provided herein, or in law or equity. If Buyer or Seller files suit against the other to enforce any provision of this Contract or for damages sustained by 294. reason of its breach, all parties prevailing in such action, on trial and appeal, shall receive their reasonable attorneys' fees and costs as awarded by the court. In 295. addition, both Seller and Buyer agree to indemnify and hold harmless all Brokers against all costs and expenses, which any Broker may incur or sustain in corn 296. nection with any lawsuit arising from this Contract and will pay the same on demand unless the court shall grant judgment in such action against the party to be 297. indemnified. Costs shall include, but not be limited to, attomeys' fees, expert witness fees, fees paid to investigators and court costs. 298. Cancellation: Any party who wishes to cancel this Contract because of any breach by another party, or because escrow fails to close by the agreed date, and 299. who is not himself in breach of this Contract, except as occasioned by a breach by the other party, may cancel this Contract by delivering a notice to either the �00. breaching party or to the escrow company stating the nature of the breach and that this Contract shall be cancelled unless the breach is cured within 13 days fok 01. lowing the delivery of the notice. If this notice is delivered to the escrow company, it shall contain the address of the party in breach. Any notice delivered to any 302. party must be delivered to the Brokers and the escrow company. Within three days after receipt of such notice, the escrow company shall send the notice by 303. United States Mail to the party in breach at the address contained in the notice. No further notice shall be required. In the event that the breach is not cured within 304. 13 days following the delivery of the notice to the party in breach or to the escrow company, this Contract shall be cancelled; and the non -breaching parry shall 305. have all rights and remedies available at law or equity for the breach of this Contract by the breaching party, as provided in Lines 285-297 above. �L Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 6 of 8 pages. Initials: -a- eTUYER SELLER PAGE 6 241. Flood Hazard Disclosure: If the Property is situated in an area identified as having any special flood hazards by any governmental entity, including but not limited to, 242. being designated as a special flood hazard area by the Federal Emergency Management Agency (FEMA), Seller shall, within calendar days after 43. acceptance of the offer, disclose this fact in writing to the Buyer. Flood insurance may be required by lender. Buyer is allowed calendar days from 44. receipt of the disclosure to make further inquiries at appropriate governmental agencies, lenders, insurance agents, or other appropriate entities. Buyer shall provide 24 notice to Seller of any items disapproved within this latter time period. READ LINES 323-331 FOR IMPORTANT TERMS. 246. Physical d Environmental Inspection: Buyer shall have the right, at Buyer's expense Seller's expense, 2 e ect an inspectors), to make "Inspections" (including tests, surveys, and other studies) of the Property, including but not limited to structural, plumbing, 248. sewer/septic, well, heating, air conditioning, electrical, and mechanical systems, built-in appliances, roof, soil, cathodic protection, foundation, pool/spa and 249. related equipment, possible environmental hazards (such as asbestos, formaldehyde, radon gas, lead -based paint, fuel or chemical storage tanks, haz- 250. ardous waste, and other substances, materials or products), geologic conditions, location of property lines, sign usage, zoning regulations, water/utility and 251. use restrictions. Seller shall make the Property available for all inspections. It is understood that this inspection requires that the utilities be on and the Seller 252. is responsible for providing same at his expense. Buyer shall keep the Property free and clear of liens, shall indemnify and hold Seller harmless from all lia- 253. bility, claims, demands, damages, and costs, and shall repair all damages arising from the inspections. Buyer shall provide Seller and Brokers, at no cost, 254. c pi of all reports concerning the Property obtained by Buyer. Buyer shall provide written notice to Seller of any items reasonably disapproved, within 255. Wen (10) calendar days or ❑ calendar days I after acceptance of the Contract. REFER TO LINES 323-331 FOR IMPORTANT TERMS. 256. Physical Inspection Waiver: The Buyer has been advised of the benefits of an independent physical inspection of the entire property in order to determine 257. the condition thereof. The Buyer hereby waives the inspection and agrees not to make any claims against the Seller, Brokers or Agents regarding the condition 258. of the property. This waiver does not release the Seller from warranties or disclosure requirements that may be expressed elsewhere in this contract. 259. BUYER BUYER SELLER SELLER 260. Environmental Waiver: The Buyer has been advised of the benefits of an independent environmental inspection of the entire property in order to determine 261. the condition thereof. The Buyer hereby waives the inspection and agrees not to make any claims against the Seller, Brokers or Agents regarding the condi- 262. tion of the property. This waiver does not release the Seller from warranties or disclosure requirements that may be expressed elsewhere in this Contract. BUYER BUYER SELLER SELLER 264. SQUARE FOOTAGE: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE PREMISES IS APPROXIMATE. IF SQUARE 265. FOOTAGE IS A MATERIAL MATTER TO THE BUYER, IT MUST BE VERIFIED BY BUYER PRIOR TO CLOSE OF ESCROW. 266. Warranties: The Seller grants Buyer or Buyer's representative reasonable access to enter and walk through the Premises for the purpose of satisfying '167. Buyer that any items warranted by Seller are in working condition, and except as otherwise provided in this Contract, Seller has maintained the Property in �8. substantially the same condition as on the effective date of this Contract. At the earlier of possession or Close of Escrow, Buyer acknowledges that all war- 9. ranties concerning the Property have been satisfied or extinguished. Any personal property included herein shall be transferred in AS IS CONDITION and 270. SELLER MAKES NO WARRANTY of any kind, express or implied (including, without limitation, ANY WARRANTY OF MERCHANTABILITY). Brokers are 271. hereby relieved of any and all liability and responsibility for everything stated in this paragraph and the following paragraph. 272. Warranties that Survive Closing: Prior to the Close of Escrow, Seller warrants that payment in full will have been made for all rental and/or privilege 273. taxes, labor, professional services, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the Close of Escrow in con- 274. nection with the construction, alteration or repair of any structure on or improvement to the Property. Seller warrants that the information in the current listing 275. agreement, if any, regarding connection to a public sewer system, septic tank or other sanitation system is correct to the best of his knowledge. Seller war- 276. rants that he has disclosed to Buyer and Brokers all material latent defects concerning the Property that are known to Seller. Seller further warrants that he 277. has disclosed to all parties any information, excluding opinions of value, that he possesses which materially and adversely affects the consideration to be 278. paid by Buyer. 279. Representations and Releases: By signing this contract, Buyer represents that he has or will have prior to close of escrow, conducted all desired indepen- 280. dent investigations of any and all matters concerning this purchase and by closing escrow accepts the Property. Seller and Buyer hereby expressly release, 281. hold harmless and indemnify all brokers in this transaction from any and all liability and responsibility regarding the condition, square footage, lot lines or 282. boundaries, value, rent rolls, environmental problems, sanitation systems, roof, wood infestation and wood infestation report, compliance with building 283. codes or other governmental regulations, or any other material matters relating to the Property. Neither Seller, Buyer nor any broker shall be bound by any 284. understanding, agreement, promise or representation, express or implied, written or verbal, not specified herein. 285. Default And Remedies: If either party defaults in any respect on any material obligations under this Contract, the non -defaulting party may elect to be released 286. from all obligations under this Contract by cancelling this Contract as provided in Lines 298-305 below. The non -defaulting party may thereafter proceed against 287. the party in default upon any claim or remedy which the non -defaulting party may have in law or equity. In the case of the Seller, because it would be difficult to fix 288. actual damages in the event of Buyers default, the amount of the earnest money may be deemed a reasonable estimate of the damages; and Seller may at 289. Sellers option retain the earnest money deposit, subject to any compensation to Brokers, as Sellers sole right to damages. In the event that the non -defaulting 290. party elects not to cancel this Contract, the non -defaulting party may proceed against the party in default for specific performance of this Contract or any of its 291. terms, in addition to any claim or remedy which the non -defaulting party may have in law or equity. In the event that either party pursues specific performance of 292. this Contract, that party does not waive the right to cancel this Contract pursuant to Lines 298-305 below at any time, and proceed against the defaulting party as 293. otherwise provided herein, or in law or equity. If Buyer or Seller files suit against the other to enforce any provision of this Contract or for damages sustained by 294. reason of its breach, all parties prevailing in such action, on trial and appeal, shall receive their reasonable attorneys' fees and costs as awarded by the court. In 295. addition, both Seller and Buyer agree to indemnify and hold harmless all Brokers against all costs and expenses, which any Broker may incur or sustain in con• 296. nection with any lawsuit arising from this Contract and will pay the same on demand unless the court shall grant judgment in such action against the party to be 297. indemnified. Costs shall include, but not be limited to, attorneys' fees, expert witness fees, fees paid to investigators and court costs. 298. Cancellation: Any party who wishes to cancel this Contract because of any breach by another parry, or because escrow fails to close by the agreed date, and 299. who is not himself in breach of this Contract, except as occasioned by a breach by the other party, may cancel this Contract by delivering a notice to either the '00. breaching party or to the escrow company stating the nature of the breach and that this Contract shall be cancelled unless the breach is cured within 13 days fol- lowing the delivery of the notice. If this notice is delivered to the escrow company, it shall contain the address of the party in breach. Any notice delivered to any 302. party must be delivered to the Brokers and the escrow company. Within three days after receipt of such notice, the escrow company shall send the notice by 303. United States Mail to the parry in breach at the address contained in the notice. No further notice shall be required. In the event that the breach is not cured within 304. 13 days following the delivery of the notice to the party in breach or to the escrow company, this Contract shall be cancelled; and the non -breaching party shall 305. have all rights and remedies available at law or equity for the breach of this Contract by the breaching party, as provided in Lines 285-297 above. ,--'L- LBuyer and Seller acknowledge receipt of a copy of this page, which constitutes page 6 of 8 pages. Initials: ,'l-d; 1 //_y "l ` / =-� BUYEREFUYER SELLER PAGE 6 306. Release of Deposits Based On Contingency Or Condition: a) If this Contract is contingent upon or conditioned upon the occurrence of some future event 307. (such as financing) and that event fails to occur thereby rendering this Contract unenforceable, the Contract will be terminated immediately and a thirteen (13) day 306. cancellation notice will not be required to terminate the obligation of all parties under this Contract as a result of the failed contingency or condition, provided that 309. this Contract shall remain enforceable if the party for whose benefit the contingency or condition existed waives such contingency or condition. Notice of the 310. failed contingency shall be delivered to escrow holder by benefiting party and this contract shall be deemed immediately cancelled without further written 311. consent required by other party. In such event, Buyer's deposit shall be returned to Buyer without further written consent of Seller and without regard for the 12. cancellation provisions in Lines 298-305. 3. Recommendations: If any Broker recommends a builder, contractor, inspector, or any other person or entity to Seller or Buyer for any purpose, such recommen- 314. dation will be independently investigated and evaluated by Seller or Buyer, who hereby acknowledge that any decision to enter into any contractual arrangements 315. with any such person or entity recommended by any Broker will be based solely upon such independent investigation and evaluation. Seller and Buyer under- 316. stand that said contractual arrangement may result in a commission or fee to Broker, which shall be disclosed in writing to the Seller and Buyer. 317. Risk Of Loss: If there is any loss or damage to the Property between the date hereof and the close of escrow, by reason of fire, vandalism, flood, earthquake or 318. act of God, the risk of loss shall be on the Seller, provided, however, that if the cost of repairing such loss or damage would exceed ten percent (10%) of the pur- 319. chase price, either Seller or Buyer may elect to cancel the Contract. 320. Broker's Rights: If any Broker hires an attorney to enforce the collection of the commission payable pursuant to this Contract, and is successful in collecting 321. some or all of such commission, responsible party agrees to pay such Broker's costs including, but not limited to: attorneys' fees, expert witness fees, fees paid to 322. investigators, and court costs. The Seller and the Buyer acknowledge that the Brokers are third -party beneficiaries of this Contract. 323. Buyer Disapproval: If Buyer gives written notice of disapproval of items as provided herein, Seller shall respond in writing within five (5) calendar days after 324. receipt of such notice. If Seller is unwilling or unable to correct items reasonably disapproved by Buyer, including making any repairs in a workmanlike man- 325. ner, then Buyer may cancel this Contract by giving written notice of cancellation to Seller within five (5) calendar days after receipt of Seller's response, or 326. after expiration of the time for Seller's response, whichever occurs first, in which case Buyer's deposit shall be returned to Buyer, without further written con- 327. sent of Seller, and without regard for the cancellation provisions in Lines 298-305 above. Notwithstanding the foregoing, if the items reasonably disapproved 328. by the Buyer exceed ten percent (10%) of the purchase price, the Buyer shall be entitled to cancel this Contract. BUYER'S FAILURE TO GIVE WRITTEN 329. NOTICE OF DISAPPROVAL OF ITEMS OR CANCELLATION OF THIS CONTRACT WITHIN THE SPECIFIED TIME PERIODS SHALL CONCLUSIVELY 330. BE DEEMED BUYER'S ELECTION TO PROCEED WITH THE TRANSACTION WITHOUT CORRECTION OF ANY DISAPPROVED ITEMS WHICH 331. SELLER HAS NOT AGREED TO CORRECT. 332. FIRPTA: If applicable, Seller agrees to complete, sign and deliver to escrow company a certificate indicating whether Seller is a foreign person or a non-resident 333. alien pursuant to the Foreign Investment in Real Property Tax Act (FIRPTA). 334. Permission: Buyer and Seller grant Brokers permission to advise the public of the sale upon execution of this Contract, and Brokers may disclose price and 335. terms herein after close of escrow. 336. Attorney's Fees: In any action, proceeding or arbitration arising out of this agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 337. Mediation: Any dispute or claim arising out of or relating to this Contract, any alleged breach of this Contract or services provided in relation to this Contract shall 338. be submitted to mediation in accordance with the NATIONAL ASSOCIATION OF REALTORS" Rules and Procedures of the Dispute Resolution System or, if not 339. available, another mediation provider. Disputes shall include representations made by the Buyer, Seller or any Broker or other person or entity in connection with 340. the sale, purchase, financing, condition or other aspect of the Premises to which this Contract pertains, including without limitation allegations of concealment, 341. misrepresentation, negligence and/or fraud. Any agreement signed by the parties pursuant to the mediation conference shall be binding. The following matters 342. are excluded from mediation hereunder: (a) judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or land Contract; ''13. (b) an unlawful detainer action; (c) the filing or enforcement of a mechanic's lien; or (d) any matter which is within the jurisdiction of a probate court. The filing of a 4. judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not consti- 5. tute a waiver of the obligation to mediate under this provision, nor shall it constitute a breach of the duty to mediate. 346. Entire Agreement: This Contract, any attached exhibits and any addenda or supplements signed by the parties, shall constitute the entire agreement 347. between Seller and Buyer, and shall supersede any other written or oral agreement between Seller and Buyer. This contract can be modified only by a writ- 348. ing signed by Seller and Buyer. A fully executed facsimile copy in total or in counterpart of the entire agreement shall be treated as an original Contract. 349. Arizona Law: This Contract shall be governed by Arizona law. Any legal action will take place in the county in which property is located. 350. Brokers/Fee: Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, firm, broker or finder in connec- 351. tion with the negotiation of this Agreement and/or the consummation of the purchase and sale contemplated herein, other than the Broker(s) named herein, 352. and no Broker or other person, firm or entity, other than said Broker(s) is/are entitled to any commission or finders fee in connection with this transaction as 353. the result of any dealings or acts of such party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and 354. against any costs, expenses or liability for compensation, commission or charges which may be claimed by any broker, finder or other similar party, other 355. than said named Broker(s) by reason of any dealings or act of the indemnifying Party. 356. Compensation: Seller and Buyer acknowledge that Brokers shall be compensated for services rendered as previously agreed by separate written agree- 357. ment(s). Any separate written agreement(s) shall be delivered to escrow company for payment at close of escrow, if not previously paid. COMMISSIONS 358. PAYABLE FOR THE SALE, LEASING OR MANAGEMENT OF PROPERTY ARE NOT SET BY ANY BOARD OR ASSOCIATION OF REALTORS®, OR 359. ANY LISTING SERVICE, OR IN ANY MANNER OTHER THAN BETWEEN THE BROKER AND CLIENT. 360. 361. 362. 363. 364. C. Additional Compensation: RESPA prohibits the paying or receiving of any fee, kickback, or thing of value for the referral of any business related to set- tlement or closing of a federally regulated mortgage loan, including but not limited to, any services related to the origination, processing, or funding of a federally regulated mortgage loan, and includes such settlement related business as termite inspections and home warranties. RESPA does not prohibit fees, salaries, compensation or other payments for services actually performed. If any Broker performs any such services for a fee, Seller and Buyer con- sent to the payment of this additional compensation for such services actually performed as follows: 367. Broker's Notice to Buyer and Seller: BUYER AND SELLER HEREBY ACKNOWLEDGE THAT THEY HAVE BEEN AND ARE NOW ADVISED BY THE 368. BROKER(S) TO CONSULT AND RETAIN THEIR OWN EXPERTS TO ADVISE AND REPRESENT THEM CONCERNING THE LEGAL AND INCOME TAX 369. EFFECTS OF THIS AGREEMENT, AS WELL AS THE CONDITION AND/OR LEGALITY OF THE PROPERTY, THE IMPROVEMENTS AND EQUIPMENT 370. THEREIN, THE SOIL THEREOF, THE CONDITION OF TITLE THERETO, THE SURVEY THEREOF, THE ENVIRONMENTAL ASPECTS THEREOF, THE 371. INTENDED AND/OR PERMITTED USAGE THEREOF, THE EXISTENCE AND NATURE OF TENANCIES THEREIN, THE OUTSTANDING OTHER 372. AGREEMENTS, IF ANY, WITH RESPECT THERETO, AND THE EXISTING OR CONTEMPLATED FINANCING THEREOF, AND THAT THE BROKER(S) 373. IS/ARE NOT TO BE RESPONSIBLE FOR PURSUING THE INVESTIGATION OF ANY SUCH MATTERS UNLESS EXPRESSLY OTHERWISE AGREED L74. TO IN WRITING BY BROKER(S) AND BUYER OR SELLER. 75. Time For Acceptance: This is an offer to purchase the Property. Unless acce tance is signed by $ I r an a signed copy delivered in person, by mail, or 376. facsimile, and personally received by Buyer or by Selling Broker, by i t AM/,Mountain Standard Time, or unless this offer 377. has been previously withdrawn by Buyer, this offer shall be deemed revoked and the deposit shall be returned. Buyer has read and acknowledges receipt of 378. a copy of this offer. Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 7 of 8 pages. Initials: BUYER BUYER SELLER ER PAGE 7 306. Release of Deposits Based On Contingency Or Condition: a) If this Contract is contingent upon or conditioned upon the occurrence of some future event 307. (such as financing) and that event fails to occur thereby rendering this Contract unenforceable, the Contract will be terminated immediately and a thirteen (13) day 308. cancellation notice will not be required to terminate the obligation of all parties under this Contract as a result of the failed contingency or condition, provided that 309. this Contract shall remain enforceable if the party for whose benefit the contingency or condition existed waives such contingency or condition. Notice of the 310. failed contingency shall be delivered to escrow holder by benefiting party and this contract shall be deemed immediately cancelled without further written 311. consent required by other party. In such event, Buyer's deposit shall be returned to Buyer without further written consent of Seller and without regard for the 12. cancellation provisions in Lines 298-305. 13. Recommendations: If any Broker recommends a builder, contractor, inspector, or any other person or entity to Seller or Buyer for any purpose, such recommen- 314. dation will be independently investigated and evaluated by Seller or Buyer, who hereby acknowledge that any decision to enter into any contractual arrangements 315. with any such person or entity recommended by any Broker will be based solely upon such independent investigation and evaluation. Seller and Buyer under- 316. stand that said contractual arrangement may result in a commission or fee to Broker, which shall be disclosed in writing to the Seller and Buyer. 317. Risk Of Loss: If there is any loss or damage to the Property between the date hereof and the close of escrow, by reason of fire, vandalism,'flood, earthquake or 318. act of God, the risk of loss shall be on the Seller, provided, however, that if the cost of repairing such loss or damage would exceed ten percent (10%) of the pur- 319. chase price, either Seller or Buyer may elect to cancel the Contract. 320. Broker's Rights: If any Broker hires an attorney to enforce the collection of the commission payable pursuant to this Contract, and is successful in collecting 321. some or all of such commission, responsible party agrees to pay such Broker's costs including, but not limited to: attorneys' fees, expert witness fees, fees paid to 322. investigators, and court costs. The Seller and the Buyer acknowledge that the Brokers are third -party beneficiaries of this Contract. 323. Buyer Disapproval: If Buyer gives written notice of disapproval of items as provided herein, Seller shall respond in writing within five (5) calendar days after 324. receipt of such notice. If Seller is unwilling or unable to correct items reasonably disapproved by Buyer, including making any repairs in a workmanlike man- 325. ner, then Buyer may cancel this Contract by giving written notice of cancellation to Seller within five (5) calendar days after receipt of Seller's response, or 326. after expiration of the time for Seller's response, whichever occurs first, in which case Buyer's deposit shall be returned to Buyer, without further written con- 327. sent of Seller, and without regard for the cancellation provisions in Lines 298-305 above. Notwithstanding the foregoing, if the items reasonably disapproved 328. by the Buyer exceed ten percent (10%) of the purchase price, the Buyer shall be entitled to cancel this Contract. BUYER'S FAILURE TO GIVE WRITTEN 329. NOTICE OF DISAPPROVAL OF ITEMS OR CANCELLATION OF THIS CONTRACT WITHIN THE SPECIFIED TIME PERIODS SHALL CONCLUSIVELY 330. BE DEEMED BUYER'S ELECTION TO PROCEED WITH THE TRANSACTION WITHOUT CORRECTION OF ANY DISAPPROVED ITEMS WHICH 331. SELLER HAS NOT AGREED TO CORRECT. 332. FIRPTA: If applicable, Seller agrees to complete, sign and deliver to escrow company a certificate indicating whether Seller is a foreign person or a non-resident 333. alien pursuant to the Foreign Investment in Real Property Tax Act (FIRPTA). 334. Permission: Buyer and Seller grant Brokers permission to advise the public of the sale upon execution of this Contract, and Brokers may disclose price and 335. terms herein after close of escrow. 336. Attorney's Fees: In any action, proceeding or arbitration arising out of this agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs. 337. Mediation: Any dispute or claim arising out of or relating to this Contract, any alleged breach of this Contract or services provided in relation to this Contract shall 338. be submitted to mediation in accordance with the NATIONAL ASSOCIATION OF REALTORS* Rules and Procedures of the Dispute Resolution System or, if not 339. available, another mediation provider. Disputes shall include representations made by the Buyer, Seller or any Broker or other person or entity in connection with 340. the sale, purchase, financing, condition or other aspect of the Premises to which this Contract pertains, including without limitation allegations of concealment, 341. misrepresentation, negligence and/or fraud. Any agreement signed by the parties pursuant to the mediation conference shall be binding. The following matters 342. are excluded from mediation hereunder: (a) judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or land Contract; '43. (b) an unlawful detainer action; (c) the filing or enforcement of a mechanic's lien; or (d) any matter which is within the jurisdiction of a probate court. The filing of a A. judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not consti- . tute a waiver of the obligation to mediate under this provision, nor shall it constitute a breach of the duty to mediate. 346. Entire Agreement: This Contract, any attached exhibits and any addenda or supplements signed by the parties, shall constitute the entire agreement 347. between Seller and Buyer, and shall supersede any other written or oral agreement between Seller and Buyer. This contract can be modified only by a writ- 348. ing signed by Seller and Buyer. A fully executed facsimile copy in total or in counterpart of the entire agreement shall be treated as an original Contract. 349. Arizona Law: This Contract shall be governed by Arizona law. Any legal action will take place in the county in which property is located. 350. Brokers/Fee: Buyer and Seller each represent and warrant to the other that he/she/it has had no dealings with any person, firm, broker or finder in connec- 351. tion with the negotiation of this Agreement and/or the consummation of the purchase and sale contemplated herein, other than the Broker(s) named herein, 352. and no Broker or other person, firm or entity, other than said Broker(s) is/are entitled to any commission or finder's fee in connection with this transaction as 353. the result of any dealings or acts of such party. Buyer and Seller do each hereby agree to indemnify, defend, protect and hold the other harmless from and 354. against any costs, expenses or liability for compensation, commission or charges which may be claimed by any broker, finder or other similar party, other 355. than said named Broker(s) by reason of any dealings or act of the indemnifying Party. 356. Compensation: Seller and Buyer acknowledge that Brokers shall be compensated for services rendered as previously agreed by separate written agree- 357. ment(s). Any separate written agreement(s) shall be delivered to escrow company for payment at close of escrow, if not previously paid. COMMISSIONS 358. PAYABLE FOR THE SALE, LEASING OR MANAGEMENT OF PROPERTY ARE NOT SET BY ANY BOARD OR ASSOCIATION OF REALTORS®, OR 359. ANY LISTING SERVICE, OR IN ANY MANNER OTHER THAN BETWEEN THE BROKER AND CLIENT. 360. 361. 362. 363. 364. 365. 366: 367. 368. 369. 370. 371. 372. 373. 74. Additional Compensation: RESPA prohibits the paying or receiving of any fee, kickback, or thing of value for the referral of any business related to set- tlement or closing of a federally regulated mortgage loan, including but not limited to, any services related to the origination, processing, or funding of a federally regulated mortgage loan, and includes such settlement related business as termite inspections and home warranties. RESPA does not prohibit fees, salaries, compensation or other payments for services actually performed. If any Broker performs any such services for a fee, Seller and Buyer con- sent to the payment of this additional compensation for such services actually performed as follows: Broker's Notice to Buyer and Seller: BUYER AND SELLER HEREBY ACKNOWLEDGE THAT THEY HAVE BEEN AND ARE NOW ADVISED BY THE BROKER(S) TO CONSULT AND RETAIN THEIR OWN EXPERTS TO ADVISE AND REPRESENT THEM CONCERNING THE LEGAL AND INCOME TAX EFFECTS OF THIS AGREEMENT, AS WELL AS THE CONDITION AND/OR LEGALITY OF THE PROPERTY, THE IMPROVEMENTS AND EQUIPMENT THEREIN, THE SOIL THEREOF, THE CONDITION OF TITLE THERETO, THE SURVEY THEREOF, THE ENVIRONMENTAL ASPECTS THEREOF, THE INTENDED AND/OR PERMITTED USAGE THEREOF, THE EXISTENCE AND NATURE OF TENANCIES THEREIN, THE OUTSTANDING OTHER AGREEMENTS, IF ANY, WITH RESPECT THERETO, AND THE EXISTING OR CONTEMPLATED FINANCING THEREOF, AND THAT THE BROKER(S) IS/ARE NOT TO BE RESPONSIBLE FOR PURSUING THE INVESTIGATION OF ANY SUCH MATTERS UNLESS EXPRESSLY OTHERWISE AGREED TO IN WRITING BY BROKER(S) AND BUYER OR SELLER. 75. Time For Acceptance: This is an offer to purchase the Property. Unless acce tance is signed by $ I r an a signed copy delivered in person, by mail, or 376. facsimile, and personally received by Buyer or by Selling Broker, by � j6N t AM/,Mountain Standard Time, or unless this offer 377. has been previously withdrawn by Buyer, this offer shall be deemed revoked and the deposit shall be returned. Buyer has read and acknowledges receipt of 378. a copy of this offer. c& �5�e�e PAGE 7 379. The undersigned agree to purchase the Property on the terms and conditions herein stated and acknowledge receipt of a copy hereof. 380. Dated this day of C 0)Q24t jL5am/§- Dated this day of 19_at _am1pm MST MST 381.,`l�'�'/� -� BUYER 2. _. BUYER 383. ADDRESS 384. CITY. STATE. ZIP 385. TELEPHONE/FAX BUYER ADDRESS CITY, STATE. ZIP TELEPHONEIFAX ® ACCEPTANCE 386. i ::a 389. 390. 391. 392. 393. 394. 395. 397. 398. 399. Agency Confirmation: The following agency relationship(s) are hereby confirmed for this transaction: A Listing Company/Salesperson: b_ TV -!It 010 D 'G A �. �� -�-q E1 �JII � � ' (� j t/ A (PRINT FIRM NAME AND SALESPERSON'S NAME) � O no s Is the agent of (check one): ❑ the Seller exclusively; or oth the Buyer and Seller Vv buosequent vrters: Seller releases the woker from the obligation to submit any subsequent offers to purchase the Premises until after cancellation of this Contract. Seller Receipt of Copy: The undersigned acknowledge receipt of a. copy hereof and grant permission to Broker named on lines 16 and 17 to deliver a copy to Buyer. ❑ Counter Offer is attached, which is incorporated herein by reference. If there is a conflict between this Contract and the Counter Offer, the provi- sions of the Counter Offer shall be controlling. (NOTE: If this box is checked, Seller should sign both the Contract and the Counter Offer.) Dated this T day of _ - am/pm Dated this day of 19_ at —am/pm MST MST S LLER SELLER MO/DA/YR SELLER MO/DA/YR MO/DA/YR SELLER MO/DA/YR ADDRESS ADDRESS CITY, STATE. ZIP CITY, STATE. ZIP TELEPHONE/FAX TELEPHONEIFAX - For Broker Use Only Brokerage File/Log No. Manager's Initials Broker's Initials Date MO/DA/YR This form is available for use by the entire real estate industry. The use of this form is not intended to identify the user as a REALTOR•. REALTOR• is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS• and who subscribe to its Code of Ethics. ®Arizona Association of REALTORS• April 1994 This Form Available Through Your Local Board of REALTORS• Form No. 1535-830 Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 8 of 8 pages. Initials: / / BUYER BUYER SELLER SELLER PAGE 8 379. The undersigned agree to purchase the Property on the terms and conditions herein stated and acknowledge receipt of a copy hereof. 380. Dated this 7 day of 10024t 5-Y am/64 Dated this day of 19_ at _ am/pm MST MST 381. ����UG� � l�vt- G'�L- .BUVER"^' BUYER .i82. BUYER 383. ADDRESS 384. CITY, STATE, ZIP 385. TELEPHONE/FAX 386. 387. 388. 389. 390. 391. BUYER ADDRESS CITY, STATE. ZIP TELEPHONE/FAX ACCEPTANCE Agency Confirmation: The following agency relationship(s) are hereby confirmed for this transaction: A Listing Company/Salesperson: Yr f l 0 r� �� A� -�-q �C� ec'i ll t`KLl � (PRINT FIRM NAME AND SALESPERSON'S NAME) Q Vim+ Is the agent of (check one): ❑ the Seller exclusively; or oth the Buyer and Seller Suosequent utters: Seller releases the Broker from the obligation to submit any subsequent offers to purchase the Premises until after cancellation of this Contract. Seller Receipt of Copy: The undersigned acknowledge receipt of a copy hereof and grant permission to Broker named on lines 16 and 17 to deliver a copy to Buyer. 392.1 ❑ Counter Offer is attached, which is incorporated herein by reference. If there is a conflict between this Contract and the Counter Offer, the provi- 393. sions of the Counter Offer shall be controlling. (NOTE::/II'ff� this box is checked, Seller should sign both the Contract and the Counter Offer.) T n4� ���t' 394. Dated this day of ,z_ am/pm Dated this day of 19_ at _am/pm MST MST 395. S LLER MO/DA/YR SELLER MO/DA/YR SELLER MO/DA/YR SELLER MO/DA/YR 397. ADDRESS ADDRESS 398. CITY, STATE, ZIP CITY, STATE, ZIP 399. TELEPHONE/FAX TELEPHONE/FAX For Broker Use Only Brokerage File/Log No, Manager's Initials Broker's Initials Date MO/DA/YR This form is available for use by the entire real estate industry. The use of this form is not intended to identify the user as a REALTOR'. REALTOR" is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. ©Arizona Association of REALTORS* April 1994 This Form Available Through Your Local Board of REALTORS' Form No. 1535-830 Buyer and Seller acknowledge receipt of a copy of this page, which constitutes page 8 of 8 pages. Initials: / / BUYER BUYER SELLER SELLER PAGE 8 bl/lF7/1bb'L 1'1: b� lJ SECUH1 1 Y l i l l— SECURITY TITLE AGENCY CORPORATE OFFICE • 3620 NORTH 3RD AVE. PHOENIX, ARIZONA B5013 • 266-3298 Date: January 10, 2002 Recelved of8RUN0 LA BANCA For Credit oi?AME Description KARNEST MONEY DEPOSIT Explanation. CASH ---------------------------$ Per Ck. Drawn On55-2 Cash Ck. Drawn On RECEIPT f*****50,000.00 TOTAL f*****50,000.0O ALL CHECKS RECEIVED SUBJECT TO COLLECTION Security Title Agency shall not be responsible for any penalties, or loss of princlpal or interest or any delays in the withdrawal of the funds which may be Imposed by the Depository as a result of the making or redeeming of the investment pursuant to our Instructions, nor shall Security Title Agency be liable for any loss or impairment of funds while those funds are in the course of collection or while those funds are on deposit in a financial institution If such loss or impairment results from the failure, insolvency or suspenslon of financial institution. BRUNO LA BANCA 07188 72 KLINGER ROAD EAST HANOVER, NJ 07236 FIA6E bl/bl Escrow No.: 96-96'-05847-MS ARIZONA REVISED STATUTES SECTION 8-834 Not Icier than three business days attar receipt of any escrow monies, the escrow agent shall provide to each depositing buyer or seller, adequate notice of his right to earn Interest on ell depoaked kinds. such notice shell accuratey set forth the foNowing Information wO --pact to this right I. A brief deacnpdon of the depositor's right to earn Irtareet on asarowed, funds through an Interest bWrg deposit account. 2. The dollar charge which may oe lrnpoaed by ttw escrow agent solely to eat up such interest bearing account. 3. A good Win estimate of the amount of Interest that my be earned Curing the We of tv escrow acoow, of an example of oa typical triumadton caicuiated on a one thousand dollar dtjpostt, using the prwaiG q caul x� account Inlar-t rate for a thlM day period. 4. A brief deecrlption of how ouch an Interest bearing accoum can be setabAahed, Inducirg the name, address, and telephone number of the sacmw agent to be mnta<cted, You have a right to earn Intefeat on escrowed Lunde by requestfng your escrow agent to set up an Interest bearing Account. The charge to sat UP the Interest bearing auburn is S25A0. The amount at imereet you can earn on a deposit of S1,000.00 for a thirty day period at the prwalling wArge account Interest rate of 5% is $4.17. To eaiabiteh an Interest bearing account, ask for a 'Request to Invest Funds', compiets the Win end return a to your escrow officer. ARIZONA REVISED STATUTES Buyer and Seiler hays automatk: dosing protection in uw form provided to ARS 6-841.02(13). Monies da"Ited In an escrow account are not Insumd by the State of Arizona or " United States Govemmam against loss from fraud or T*tt of the E*cmw Agent (ARS 8 9a1.o3). BY, ' N SECURITY TITLE AGENCY 0511 55 ?1212 BRANCH 025" DOLLARS © ="" F�bN, f rr8i Ul11ae /eeG0091 GrQr1K R/T 021200025 ��QV✓ FOR 1:0 2 L 2000 2 S1: 1D40000 26 7 36 Sn• 0 S Lit If Y711.411 bl/lb/2db2 12:ba 17 5tCUK11Y IlILL SECURITY TITLE AGENCY in CORPORATE OFFICE • 3620 NORTH 3RD AVE. a PHOENIX, ARIZONA B5013 • 266-3298 Date: January 10, 2002 Received o�RUNO LA BANCA For Credit o>�AME Descrlption rARNEST MONEY DEPOSIT Explanation. CASH - ------ - ---- $ Per Ck. Drawn On55-2 Cash Ck, Drawn On RECEIPT f*****50,000.00 TOTAL ___________________________ t*****501 000. 00 ALL CHECKS RECEIVED SUBJECT TO COLLECTION Security Title Agency shall not be responsible for any penalties, or loss of principal or interest or any delays in the withdrawal of the funds which may be Imposed by the Depository as a result of the making or redeeming of the investment pursuant to our instructions, nor shall Security Title Agency be liable for any loss or impairment of funds while those funds are in the course of collection or while those funds are on deposit in a ftnancial institution If such loss or impairment results from the failure, Insolvency or suspenelon of financial institution. BRUNO LA BANCA 07/98 72 KLINGER ROAD EAST HANOVER, NJ 07926 Escrow No.: NA(nE ul/bl 96-96-05847-MS ARIZONA REVISED STATUTES SECTION 6-834 Not later than three business days after receipt of any escrow manlea, the escrow agent shall provide to each depoamng buyer or se;lar, adequate netice of his right to earn Interest on all deposited funds. Such notice shall accurately set forth the mowing lnformat(on with n=qQtd to this right: 1. A brief deacdptlon of the depo-vo s right to earn Interest an asarowed.funde through an Interest bearing deposit account. 2. The dotter charge which may be Imposed by ow escrow agent solely to set up such interest bearing account. 3. A good faith estimate of the amount of Inlarev that my be earned suing the we of the brow account, or an example of a typical transaction calculated on a one thousand dollar deposit, using the prwailing savlM accourd IMcrc.-t rate for a thirty day period. 4. A brief description of how such an Intareet bearing accoum can be eetabflaned, Indudng the narne, address, and teteptwna number of the escrow agent to ba contacted, You have a fight to earn Interest on escrowed tunde by requesting your escrow agent to eet up an Interest bearing acocunl. The charge to set up the Interest oesrtng account is 825.00. The amount of interest you can earn on a deposit of 51,000.00 for a thirty day period at the pnsvelling sawrga account Interest rate of 5 % la S4,17. To ealabllen an Interest bearing account, ask for a -Request to Invest Funds', complete the form and return h to your escrow officer. ARIZONA REVISED STATUTES "or and Seiler hay. automatic dosing protection in ir. form provided in AR3 8-841 .02(B). Monies depoaaed In an *-,crow account are not Insured by the State of Arizona or " Undcd States Government against loss from hat d or trait of the Escrow Agent (ARS 8-041.03). BY: ,l / `� ' N SECURITY TITLE AGENCY 0511 DATE ( !/ BRANCH 02591 DOLLARS _w¢ rtl rrm union NARUOn4f dnK P■�i�1�1.1171 �• R/T 021200025 rot? _ 1:0 2 12000 2 Si: LEI t,000❑ 2 6 7 36 Site 0 S L L w>,r... _ ....... _ a 4 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EAC "4RD. ❑ CORPORATION ❑ L.L.C. 1. Name of Corporation/L.L.C.: 2. Date Incorporated/Organized:- Complete questions 1, 2, 3, 5, 6, 7, 8. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of Articles of Org. and Operation Agreement. OLLC (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. AZ Corporation Commission File No.: 4. AZ L.L.C. File No: State where IncRIAd/Crbaniieti: (I 4 5 Date authorized to do business in AZ: Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES ❑NO If yes, give IRS tax exempt number. 6. List all directors/officers in Corporation/L.L.C.: Last t~:mt A41 7Al- T'.1 Anluence .vaaress City State Zip rh1rrvrvtu,3 rr1lt'iNtUtZ:JAKY) 7. List stockholders or controlling members owning 10% or more: -t rM t, car_ -- % a�calucllcc [1utuCJJ (_:1 SLate Zip %a 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number. Date Chartered: (Attach a copy of Club Charter) 3. List officer and directors: Last First Middle Title Residence Address City State (ATTACH ADDITIONAL SKEET IF NECESSARY) — Z SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current licensee's Name: (Exactly as it appears on license) Last First Mddle 2. Assignee's Name: Middle Last First 3. License Type: License Number. Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE =Ri6)BATE DISTRIBUTION INSTRUMENT, OR DIVORCE f1i".11T TT TrT A T 0.T . IMTII AT T v TUQC rD MT 1TT: C 'TT.TF T TnT TnR T JC ITHHEE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or courAws JAW 3 A 11: 4 S 1. Person to administer this license: Tact Fast Middle 2. Assignee's Name: Last Fast Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPUUWOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: (Exactly as it appears cn license) 2. Corporation/L.L.C. Name: 3. Current Business Name: 4. Current Business Address: 5. License Type: Last (Exactly as it appears on license) (Exactly as it appears on license) License Number. 6. Current Mailing Address (other chart business): First Middle Entity. (Indiv., Agent, etc.) Last Renewal Date: 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. I, declare that I am the CURRENT LICENSEE of the stated license. I have read this (Print full name) application and the contents and all statements are true, correct and complete. State of County of v The foregoing instrument was acknowledged before me this (signature of CURRENT LICENSEE) My commission expires on: day of —j Day of Month Month Year (Signawre of NOTARY PUBLIC) 4 SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) `PLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. �. 1. Current Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: License Number. 4. What date do you plan to move? 2002 JAN 23 A H: 45 Last Renewal Date: What date do you plan to open? SECTION 13 Questions for all in -state applicants: L Distance to nearest school: '� Name/Address of school: (Regardless of distance) 2. Distance to nearest church:y fL Name/Address of church: � S C&rca (Regardless of distance) , j-7.)_IU An (%s r1jR �rN ( I ( Az am the: ❑ LESSEE ❑ SUBLESSEE ❑ OWNER PURCHASER (of premises) 4. If the premises is leased give lessors name and address: 4a. Monthly rental/lease rate $ . What is the remaining length of the lease? yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ bGCO. ��— Does any one creditor represent more than 10% of that sum? 19 YES ❑ NO If yes, list below. Total must equal 100% Last First Middle % Residence Address Cii A--115 ,IIPz F1 (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SpEcmc) lZ�s f,'Ilry C7). Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? '7 YES)94NO If yes, attach explanation. oes any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? ❑YESXNO 9%, Is the premises currently licensed with a liquor license?)kYES ❑ NO If yes, give license number and licensee's name: ';1 License # � ��5� (Exactly as it appears on license) Name SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel license at the proposed location? 19 YES ElNO If yes, give licensee's name: \�J and license # Last 6 0,,z�l -� First Al 2 , NEddle 1-207 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending, consult A.R.S. Section 4-203.01; and complete Section 5 of this application. �� ((� 3. All restaurant applicants must complete a Restaurant Operation Plan (> tfl► 0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue Wt � irof_woo4salr?4�IYES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your licensed premises: �!(Entrances/Exits ❑ Liquor storage areas ❑ Drive-in windows Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIE6, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 0 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. `r, t below the exact�naames of all churches, schools, 2. 4. SJ)1 C7U,r-J 5. �� s� 960r7r3— Cl';C�/, 6. Cf .►Y0--� C)ot� G,0-1 7. C�Q� ..�4 cl l� CA7C 5 s. 10. 12. 13. (ATTACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: and spirituous liquq rtt within a one half mile radius of your proposed location. I, '� n � , declare that: (Print name of APPLICANT/AGENT listed in Section 4 Question 1) A = Your business name and identify cross streets. 1) I am the APPLICANT (Agent/Club Member/Partner), making this application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor, 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. OFFICIAL SEAL PEGGIE SIFRIT Notary Public - State of Arizona My commission e Mh�PR- JET Fly Crr m E ..,� J� 10, 2005 State of County of The foregoipng instrument was acknowledged befor�me I�%/ � day of � y of Meth Month Year e (c�NOTARYPUBLIC) z5huvlr Lr, GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed location and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location. (See example below) ®LLC A - Applicant 95n? Series A1- UUL 'J.111 L J • • 11. 4 5 01 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School 12 First United Baptist Church 13 1 15 A.R.S. Section 4-207.A reads as follows: Mi. Y2 Mi . Mi. N 1 Mi. ..rr A. No retailers license shall be issued for any premises which area at the time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twelve(12). or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. n 1 2. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 4.0 ((520) 628-6595 RESTAURANT OPERATION PLAN LICENSE # List by Make. Model and Canarity of vn,,,- Grill - Oven Freezer ��j i 6 75-- c:t- 33 -72 c -- Refrigerator Sink Dish Washing Facilities . 5 p,. C ) Food Preparation Counter (Dirmclisions) I1nZk6 S-1 loss Ski I Other Print the name of your restaurant: 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. Restaurant area of your premises [ / ®o ] y ;Zoo e-'- 1 0 O b. Bar area of your premises [ + y O ] C. Total area of your premises [ a y p ] 5. What type of dinnerware and utensils are utilized within your restaurant? Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). ;E� Yes 1 "l % ❑ No . 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) 'i 3 % *Disabled individuals requiring special accommodations, please call the Department. 11c0l14 05/1999 8. Does your restaurant Contain any games or television? 0 Yes ❑ No (If yes, what types and how many? Pool tables, Video Games, Darts, etc.) OLLC 9. Do you have live entertainment or dancing? ❑ Yes �No (If yes, what type and how often?) Z�Q1 ���� 2 3 A: 4 5 10. Use space below or attach a list of employee positions and their duties to fully staff your business. C N -�- - <,",-z) PR�Ppvt�-Z� . U 3-,p 2-fZC V4 F C S-f (C") 1 :) — . — S t fLV L A��7 * 2 KS ti O�NN C ,hereby declare that I am the APPLICANT filing this application. I have (Print full name) read their application and the contents and all statements true, correct and complete. State of Countyof R - The foregoing instrument was acknowledged before me this Si a0um-of-APPLIC�'!� OFFICIAL �EAL day of � PEGGIE SIFRIT Day of Month Month 1 Year Notary Public - State.of Arizona My co on:.MARICOPA COUNTY ply Com =x it (Signatureo TARY PUBLIC) 2 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 400 W Congress #150 Tucson AZ 85701-1352 (520) 628-6595 HOTEL -MOTEL AND RESTAURANT LICENSES RECORDS REQUIRED FOR & #12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary to determine compliance with A.R.S. 205.02.G. Such documents requested may include however, are not limited to: All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks. of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Joumals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 0511999 12. Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. 4-119) 14) C. Employee time cards (actual document used to sign in and out each work day) DLLC D. Payroll records for all employees showing. hours worked each week and hourly wages 200Z JAN 2 3 A I l: 46 The sophistication of record keeping varies from estab ishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. 205.02.G. For the purpose of this section: "Restaurant" means .an establishment which derives at least forty percent (40%) of its gross revenue from.the sale of food. 2. "Gross revenue" means. the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, (print Licensee/Agent's Name): Lw-�S ,0, CA Wiz. CD Last First Middle have read and fully understand all aspects of this statement. State of (1T_Z r__�A4 County of The foregoing instrument was acknowledged before me 6s X ��Z2, (g� — day o ,� (Signature of Licensee/Agent) Day of Month Month Year OFFICIAL SEAL 4^,\ PEGGIE SIFRIT My commission E ) Nr lary Public - State of Arizona , 1 Ic (Sin of NOTAR UBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS Bruno, 1) I Need To Know 2 Addition Or Subtractions Of Foods 2) Lunch Prices 3) Dinner Prices `T ® 4) Desserts? r1l,�l-I 5) jw 23 A 4b Antipasti Freddi — Cold Appetizers Gulf Shrimp Cocktail ..................................... $ Roasted Peppers Fresh Mozzarella & Tomatoes ...... $ -7. Seafood Salad Shrimp, Clams Mussels And Calamari Garlic, Lemon And Olive Oil dressing ........................................$ Carpacclo Plemontese Sliced Raw Beef Topped With An Arrugula Salad, ' Balsamic Vinaigrette Dressing ....................................... $ Antipasto Caldi — Hot Appetizers Clams Oreganato Clams Baked With Italian Seasoning, Bread Crumbs And Herbs ...................$ Clams Casino Clams Baked With Fresh Vegetable And Herbs Topped With Bacon .............. $ % %� Mozzarella In Carozza Pan -Fried Layers Of Bread, Mozzarella Cheese And Ham ...........................$ U. Fried Calamari Deep Fried Squid Served With A Sweet Or Hot Marinara Sauce ...................$„ Zuppa Di Clams Possilipo Clams In Their Shell Prepared In A Garlic Fresh Tomato And Basil Sauce.....$.�i Zuppa Di Mussels Prepared In A Garlic, White Wine And Olive Oil Sauce ............................$ % Eggplant Rollatini Breaded Eggplant Slices Rolled With Ricotta Cheese In A G) Marinara Sauce Topped With Melted Mozzarella Cheese .........................$ Grilled Portobello Mushroom Served Over A Mesclun Salad With A Balsamic Vinaigrette Dressing ..............$ j• '� Zuppe ,- Soups Pasta e Fagioli Alla Napolitana The Classic Neapolitan Soup Of Haricot Beans And Pasta .............................$ -j Tortellini In Brodo Di Pollo ., Meat Filled Wheel Shape Pasta In Chicken Broth......... L L $ Z89Z JAN 2 3 A 11: 4 b Insalata — Salads Arrugula Salad With Red Onions And Tomatoes In A Balsamic Vinegar Olive Oil Dressing .....$ Caesar Salad Romaine Lettuce With A Traditional Caesar Dressing....................................$� Brianna Salad Arrugula Salad With Prosciutto, Fresh Mozzarella, Tomatoes Q p And Red Onions Tossed In A Balsamic Vinaigrette Dressing $ U f J Side Dishes OF Vegetables Broccoli Rabe Italian Broccoli Sauteed With Olive Oil And Garlic ..................................$ Spinach y ,� Sauteed With Olive Oil And Garlic ....................................................$ Farinacei — Pasta Fettuccini Bolognese q5 Prepared In A Zesty Meat Sauce With A Touch Of Cream ................................$ S. Cheese Ravioli Pasta Pillows Stuffed With Ricotta Cheese In A Blanket Of Tomato Sauce .................$ , Lobster Ravioli Pasta Pillow Stuffed With Lobster And Ricotta Cheese In A Vodka Pink Cream Sauce ...$ , Rigatoni Monte Carlo Rigatoni Pasta Blended With Asparagus Tips, Wild Mushrooms r` And Artichoke Hearts In A White Wine Pink Cream Sauce ..................................$ / J Zltl Slclllano Prepared With Cubed Eggplant In A Tomato, Basil And Garlic Sauce Ziti Vodka C� Prepared In A Vodka Pink Cream Sauce With Peas .......................................... $ Z OLLC 1007 JAN 23 A tl* 4b Pollo — Chicken Chicken Francese Prepared In A White Wine, Lemon And Butter Sauce ........................................$ Chicken Parmigiana Breaded Chicken Cutlet In A Tomato Sauce Topped With Melted Mozzarella Cheese Chicken Gallagher Breaded Chicken Cutlet, Pan -Fried And Topped With Chopped Arrugula, Romaine Lettuce, Tomatoes And Onions In A Balsamic Vinegar And Olive Oil Dressing ........ $ Chicken Giambotta Tenderloins Of Chicken Sauteed With Onions, Mushrooms, Potatoes And Sweet Bell Or Hot Vinegar Peppers ............................................$ • Chicken Paillard Boneless Breast Of Chicken Charcoal Grilled And Served Over Spinach .................$ ?� Grilled Chicken Grilled Breast Of Chicken Served Over A > Mesclun Salad In A Balsamic Vinaigrette Dressing ....................................... $ . Vitello — Veal Veal Parmigiana Breaded Veal Cutlet In A Blanket Of Tomato Sauce Topped With Melted Mozzarella Cheese......................................................... $- Veal Saltimbocca Veal Scaloppini Topped With Prosciutto And Mozzarella Cheese Served 16 Over A Bed Of Spinach And Prepared With Sage, White Wine And Demi—Glace........ $ Veal Francese Veal Scaloppini Prepared In A White Wine, Lemon And Butter Sauce ....................$ �,�'- Veal Marsala Veal Scaloppini Sauteed With Mushrooms G� Prepared With Marsala Wine And Demi—Glace................................................ $ Veal Principessa (`� Veal Scaloppini Layered With Egg , Prosciutto And Fresh Tomato Topped With Melted Mozzarella Cheese In A Mar 1 Sauce With Sweet Peas............ $ 16 j002 A 3 � ���� Pesce — Fish Shrimp Marinara Or Fra Diavolo t Shrimp Prepared In A Sweet Or Spicy Hot Marmara Sauce .................................$ Shrimp Scampi Shrimp Sauteed In Garlic, Lemon, Butter And L' White Wine Sauce Served Over Linguini........................................................$ , Shrimp Fiorentina Shrimp Dipped In Egg, Sauteed In A Butter And Lemon Sauce f /� Served Over Spinach And Topped With Melted Mozzarella Cheese ....................$ ! !s Shrimp Francese Shrimp Dipped In Egg And Prepared In A White Wine, Lemon And Butter Sauce.....$ Chilean Sea Bass Broiled With Garlic, Lemon And Butter.......................................................$ 1� Sole Marechiara : Prepared In A Light Tomato, Basil And Garlic Sauce .......................................$- - / 7Z-aapa De Pesce Lobster Tail, Shrimp, Clams, Mussels And Calamari In A Delicate Tomato, Basil And Garlic Sauce ...............................................$ Broiled Lobster Tails p Served With Drawn Butter....................................................................$ Af . [ - Shrimp Parmigiana Shrimp Breaded Then Fried Prepared In A Tomato Sauce Topped With Melted Mozzarella Cheese Sauce .............................................$ Alla Griglia-N From The Grill Broiled Filet Mignon, Served With RosernaryPotatoes ......... Broiled Sirloin Steak Served With Straw Potatoes ...... ZROZ. .4.b .................................. $ Filet Mignon Alla Brandon Filet Mignon Topped With Roasted Peppers And Fresh Mozzarella Cheese Prepared With White Wine, French Brandy And Denii—Glace ............................. $ E ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 00 Tucson AZ 85701-1352 L VV (602) 542-5141 QUESTIONNAIRE (520) 628-6595 Vt SOCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED TO THE PUBLIC Read Carefully, this instrument is a sworn cf( C' *4 2 3 ", W*nt with black ink An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT' TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES 12 PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fingerprint card submitted A servive Pr of 025% M will he vharno.9 fn, o11 A.chn.—A nhml— A n c AA cQc N 1. Check appropriate box —, Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14,14a & 25) Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: LAy--acr, vems► c� Date of Birth: Last First Middle (This Will Not Become a Part of Public Records) 3. Social Security Number:�S 3 L� 33 9'k Drivers License #: �) cat 9 7 693 State: terzo N (This Will Not Become a Part of Public Records) 4. Place of Birth: :;rTl-r ` Height: t g I 1 Weight: I Eyes: � ty Hair�tA"K City State C erarital Status ❑ Single ❑ Married L�0 Dvorced ❑ Widowed Residence (Home) Phone: ( LA01 6. Name of Current or Most Recent Spouse: Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last Fust Middle Maiden 7. You are a bona fide resident of what state? Azs-z.901"-J 1�h. If Arizona, date of residency: rAN. ► o200a 8 Telephone number to contact you during business hours for any questions regarding this document. (2-7 you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. ame of Licensed Premises: c ` w Premises Phone: ( ) y 11. ensed Premises Address: r I W 4 mkgw- Wiz. 1:4P #-A 949 95�aago/r License # Street Address (Do not use PO Box #) City County Zip (If this location is currently licensed) 12. List your employment or of business durinR the past five (5) years, if unemployed Dart of the time list those dates List most recent Is FROM Mondi/Yeaz TO Year Month/ DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 3 CURRENT W q LIQ0-4 ST. N W /% ► S 1 .. DIZAN G f N- 070 ATTACH ADDITIONAL SHEET IF NECESSARY FOR ETITIER SECTION 13. Indicate our residence address for the last five (5) ears: FROM Month/Year TO Month/Year RESIDENCE Street Address City State Zip o�P CURRENT G l 6 £ . -?i' �c v= ,,�, i Z� G f Cu f c Ic az gs33 19 g 1 a- 1-7 � 1� (gE 2 Z� C. l- ov tJ S C0>743 Cat COUK AZ S3 rr rnr 31 u7l�vvv "Llauiea uviuuam requtnng speclai accommo(iatlons please cau looz),4z-yual If you checked the Mana er box on the front of this form skip to # 15 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will y'ou be physically present and operating 15 YES LINO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES 9 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 EVER been detained cited arrested indic or sgmmoned into court for violation of ANY law or ❑ YES JKNO ordinance (regardless of the disposition even if dismis urged)? For traffic violations, include only those that were alcohol andlor drug related p, 41: ►.fib �� 16. Have you EVER been convicted fined,yosteWhind Ae�Lered to deposit bail, imprisoned. had sentence ❑ YES YNO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include only those that were alcohol andlor drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES KNO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES XNO had a business, professional or liquor APPLICATION OR LICENSE rejected denied, revoked suspended or red in this or any other state? 19. Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which ❑ YES YNO involved fraud or misrepresentation of a business, professional or liquor license? e you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, 6),k �iYES ❑ NO r mangier on any other liquor license in this or any other state? ��fj5f � f 5�.`� If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details._ Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES ❑ NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, ,c-y N U Lc� ,J C� , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. C State of County of The foregoing instrument was acknowledged before me Aiis (Signature of Applicant) � _.- .__.__._......---OFFICIAL SEAL t PEGGIE SIFRIT My commission expir s Notary Public State of Arizona ���•.r�A�`'a'Mt�,4�F�f«�,,pl� Cf�dNTY FILL IN Month, Year LZ;; 1tt Jiul IU, /UUO I Y IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager - 25. I, Print Licensee/Agent's Name): Last Hereby authorize the applicant to act as manager for the named liquor license. (Signature of LICENSEEIAGEN ) My commission expires on: Day of Month Month Year MicUe Fast State of County of The foregoing instrument was acknowledged before me this day of , Day of Mooch Mont+ (Signature of NOTARY PUBLIC) Year 13 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 AFFIDAVIT OF POSTING Date of Posting• 1-30-02 Date of Posting Removal: 2-19-02 Applicant LaBanca Bruno Name: Last First Middle Business 17149 Amhurst Dr. Fountain Hills 85268 Address: Street City zip License #: 12075087 I hereby certify that pursuant to A.R.S. S 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Cassie B. Hansen Dir. of Administration/Town Clerk 480-837-2003 Print Name of City/County Official Tide Telephone # 2-21-02 Ut-10'-.-� Date Signed Signature Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 1.0119 03/1999 Form 104 Revised 1 /84 (APPROVAL) -TOWN OF Fountain Hills COUNTY OF Maricopa , ARIZONA ORDER NO. STATE APPLICATION NO. 12075076 CM -TOWN NO. 090 At a Regular meeting of the Town Council (Regular or (Governing Body) of the C-Town of Fountain Hills held on the 21 day of February 2002 l , the Application of Louis Michael Pasco for a license to sell spirituous liquors, at the premises described in his Application No. 12075076 was considered, as provided by Title 4, A.R.S., as amended. IT IS THEREFORE ORDERED that the Application of Louis Michael Pasco be, and the same is, hereby recommended for approval, a license to sell spirituous liquors of the class, and in the manner, designated in his Application No. 12075076 by Series 12 . IT IS FURTHER ORDERED that a Certified- Copy of this Order be imme- diately transmitted to the Department of Liquor Licenses and Control, Phoenix, Az. L4 DATED AT Fountain Hills, AZ CM -TOWN CLER ' ir. of Administration this 21 day of February , W2002 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 Date of Posting: 1-23-02 Applicant Pasco Last AFFIDAVIT OF POSTING Business 16852 E. Parkview Ave. Address: street License #• 12075076 Date of Posting Removal: 2-12-02 Iouis Michael First Middle Fountain Hills, 85268 City Zip I hereby certify that pursuant to A.R.S. ! 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Cassie B. Hansen Dir. of Administration/Town Clerk 480-837-2003 Print Name of City/County Official Tide Telephone # \ if I 1 2-21-02 Date Signed Signature Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 txous mn999 Et Tel (480) 837-5750 Fax (480) 837-5805 E-mail billfarrell0.owest.net Law Offices of William E. Farrell, P.L.L.C. William E. Farrell MEMORANDUM TO: Mayor and Council Acting Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: February 14, 2002 RE: Personal Services Contract Roy R. Pederson Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 Attached hereto is a very brief personal services contract for the period of February 1't, 2002 through June 6th, 2002 by and between the Town of Fountain Hills and Roy R. Pederson to serve as Acting Town Manager. The agreement calls for gross compensation in the amount of $9,415.00 per month plus necessary expenses and insurance coverage should litigation occur. It is the recommendation that Council authorize the execution of the agreement. Z:\WPDATA\FH\Pederson-EmpMEM.wpd 0 PERSONAL SERVICES CONTRACT THIS CONTRACT made and entered into this Pt day of February, 2002 by and between the Mayor and Common Council of the Town of Fountain Hills, Arizona hereinafter called "Council" and Roy R. Pederson hereinafter called "Manager"; WHEREAS, Council desires to obtain the services of Manager as Acting Town Manager for the Town of Fountain Hills under the following terms and conditions; and, WHEREAS, Manager is willing to accept the duties and responsibilities of the office and the parties do hereby agree as follows: 1. That the Council hereby appoints the Manager and the Manager hereby accepts the designated title as Acting Town Manager for the Town of Fountain Hills, Arizona. 2. That the Manager shall exercise those powers set forth A.R.S. § 9-303 as well as Town Code section 3-1-1 and such other reasonable functions and duties as the Council may direct. 3. The Manager agrees to perform said duties to the best of his professional and personal ability. 4. That this agreement shall commence on February Pt, 2002 and end on the evening of June 6", 2002 at which time the Council and the Manager may wish to renew all or a portion of this agreement. 5. Council agrees to authorized the payment to Manager of the sum of $9,415.00 per month as and for gross compensation. It is the intention of the parties that the relationship be that of an independent contractor and that Manager is not an employee of the Town. 6. Council also agrees to reimburse Manager for necessary expenses occurred in connection with performing the duties and that if and in the event there is litigation of any kind brought against the Manager resulting from any act or omission during the term of this agreement that the Council shall provide defense including the retention and payment of an attorney and indemnification for judgments should litigation occur which names the Personal Services Contract Page 1 of 2 Manager as a defendant. The parties expressly agree that this representation shall survive the contract and shall remain in force and effect for two years following termination of this agreement. 7. The parties agree and understand that either party without cause may terminate this agreement by providing written notice of intent to terminate to the other party and that Council agrees that any sums due in outstanding to the Manager will be paid at the conclusion of the agreement. This agreement is subject to the provisions of Arizona law specifically A.R.S. § 38-511. DONE this day and date first above written. ATTEST: Cassie B. Hansen, Town Clerk APPROVED TO FORM: illiam E. Farrell, Town Attorney Sharon Morgan, Mayor Personal Services Contract Page 2 of 2 February 15, 2002 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL NY" From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: 2/15/2002 Re: AGENDA ITEM #8 — ART FOR THE LIBRARY/MUSEUM LOBBY AGENDA ITEM #8 — ART FOR THE LIBRARY/MUSEUM LOBBY The Fountain Hills Library Association and the Fountain Hills Historical Society are requesting that the Mayor and Council approve the acquisition of five pieces of art for the Library/Museum lobby. All art will be purchased with donated funds and selected by a committee consisting of representatives from the Library Association, the Historical Society and the Arts Council. Jerry Miles, representing the aforementioned organizations, has prepared a memo outlining the roposal and will be at the meeting t present the item. I� 0 Page 1 of 1 Agenda Item #8 2/21/02 Last printed 2/15/2002 1:28 PM 2/15/2002 TO: Fountain Hills Town Council FROM: Fountain Hills Library Association & Fountain Hills Historical Society SUBJECT: Sculpture Art for the Fountain Hills Museum/Library lobby DATE: February 20, 2002 We ask the Town Council of the Town of Fountain Hills to approve the acquisition of five pedestal size pieces of sculpture to be placed in the Fountain Hills Museum/Library lobby. The art work will be selected by a committee composed of (1) the representatives of the Boards of Directors of the Fountain Hills Library Association and the Fountain Hills Historical Society to the Arts Council, (2) one other representative from each of the Fountain Hills Library Association and the Historical Society and (3) the Fountain Hills Public Art Committee. It is expected that each of the pieces of work will be selected by a consensus of those on the committee. If a consensus cannot be reached, selection will require approval of three out of four of the representatives of the Library Association and Historical Society and at least two other members of the Public Arts Committee. In many cases, of course, selection of a work will also require the approval of the donor paying for the acquisition of such work. The first piece will be purchased in honor of Peg Tibbetts. In order to finance this sculpture, the Fountain Hills Arts Council has allocated $1000 of Sunridge Foundation money that was donated to the Arts Council in Peg's honor and $500 out of money that has been donated to the Arts Council to recognize Corinne Miles and Jerry Miles. The remaining funds necessary to complete the acquisition have been contributed or pledged from the Chamber of Commerce and community members. The Boards of Directors of the Fountain Hills Library Association, the Arts Council and the Fountain Hills Historical Society have approved this project. The cost of the remaining four pieces of art work will be covered by individual public subscriptions and, in isolated cases, by donation (in whole or part) by the artist. It is our expectation that these works can be acquired for an average cost of $3000 to $3500 each, including pedestal base and recognition plate. The Fountain Hills Library Association Board of Directors will undertake the effort (but not the binding obligation) of raising the funds for this program. Neither the Fountain Hills Library Association, the Historical Society, the Arts Council or the Town of Fountain Hills will be obligated to bear any of the cost of this project, although any of such organizations or their Directors may elect to participate by sponsoring a piece or by otherwise participating in the cost. The donors and artists of each piece will be recognized by a plate, mounted on the pedestal or the adjacent wall, approximately 8" x 4.5" in size, substantially in the following form: NAME OF PIECE by NAME OF SCULPTOR donated to the Town of Fountain Hills in honor of (through the generosity of) NAME OF DONOR OR HONOREE 2002 n TOWN OF FOUNTAIN HILLS MEMO To: The Honorable Mayor Town Council l Through: Roy Pederson, Acti o n Magager ram.,--�,.� From: Mark C. Mayer, Directo Parks and Recreation Department Date: February 14, 2002 Subj: Preparation of Plans and Specifications and Construction Administration for Fountain Park - Phase II Improvements and Three Additional Alternates ACTION REQUESTED: Authorize the expenditure of $164,182, for the preparation of plans and specifications and construction administration for Fountain Park — Phase II Improvements and three add alternates. BACKGROUND: Late last year the Town received notice that it had been successful in the pursuit of a grant, in the amount of $237,307, for the next phase of improvement to Fountain Park. This would be the second phase of what will be at least three phases of improvements under an approved Master Plan for the park. Fountain Park's Master Plan, the design work and construction administration for Phase I were performed by e group, our consultant for this project. Under the policies for administration of the project through Arizona State Parks, the Town has eighteen (18) months to begin construction and thirty-six (36) months to complete the project. Our project consultant, e group, anticipates that it will take up to twenty (20) weeks to complete the drawings, and several more months to bid and award contracts for the project. It is estimated that construction will take approximately one year to complete, according to e group. This would bring the total time necessary to complete the project to an estimated twenty (20) months, with construction to be concluded by approximately the fall of 2003. A number of items in both Phase I and Phase II of the project were postponed or eliminated for a variety of reasons. During the bidding for Phase I, it became clear that certain elements would need to be postponed to stay within the constraints of available dollars. As a result, a portion of the sidewalks and the performance pad were deleted from Phase I improvements. Under Phase II, the proposed Veterans Memorial had to be eliminated from the grant because this feature was not eligible for funding under the Federal guidelines of the grant. At the request of Councilman John Kavanagh, he, former Parks and Recreation Commissioner, Al Lorenz, and staff met on February 1 with representatives from the VFW and American Legion to review the design of the Veterans Memorial. The VFW and American Legion supported the design concept as proposed and has also indicated a willingness to solicit donations to help offset the cost of the proposed Veterans Memorial. During the budget process for the current fiscal year, additional dollars were set aside to potentially fund the three items as add alternates when bids for Phase II are awarded. A representative from the VFW and e group, the project consultant, will be present at the meeting, the latter to answer questions. PRIMARY ISSUES AND ANALYSIS: Staff has prepared an attachment of the project budget, which details the available funds and the cost of the project, both hard and soft, based on estimates from e group. Staff sought and received from e group, a proposal to prepare the plans and specifications, and for construction administration. These numbers along with project contingencies are also detailed in the attachment prepared by staff. The cost for the preparation of plans and specifications and construction administration for both Phase II improvements and the three proposed add alternates, was estimated and budgeted for in the Department's current fiscal year budget. In addition, these numbers were also included in the most recent estimate, prepared by the Town's Supervisor of Accounting, of expenditures to stay within the State's mandated spending limits. However, it should be noted that the cost of Phase II construction and the three additional alternates at Fountain Park would potentially have a significant impact on the Town's fiscal year 2002 —03 spending projections, when estimates are prepared under those same kw State mandated limits. As estimated, the construction of Phase II improvements and the three add alternates, along with additional soft costs, would exceed the funds that are available for the project. Once the project's bid numbers are received, adjustments may be possible to bring the numbers within budget. The Parks and Recreation Commission reviewed the project scope and budget at its February 9, 2002, meeting and voted unanimously, (5-0) to recommend the improvements, as proposed by staff to the Town Council. CONCLUSIONS AND RECOMMENDATIONS: Staff recommends that the Council award a contract to e group to prepare plans and specifications and for construction administration for Phase II Improvements and the three additional alternates to Fountain Park at a cost of $164,182. Attachment — Project Budget Summary Fountain Park Improvements F-..dse II Construction Available Town Funds $1,000,000 Town $237,307 Grant $1,237,307 Budgeted 2002 Design Fees $110,000 Subtotal: $1,347,307 Estimated Expenses C t; Architectural Design and Construction Administration Phase II Construction $120,638 Performance Pad $ 19,434 Sidewalk $ 19,748 Veteran's Memorial $ 4,362 Total: $164,182 $804,250 onstruc ion $80,425 Contingency (10%) $80,425 Architectural Design (10%) $40,213 Architectural Construction Administration (5%) $23,731 State Administration Fee (LWCF) Grant $1,029,044 Project Budget Available Funds Estimated Expenses Balance: Three Add Alternates Performance Pad (estimate) $129,558 Construction $12,956 Contingency (10%) $12,956 Architectural Design (10%) $6,478 Architectural Construction Administration (5%) $161,948 Sidewalks (north side) (estimate $131,650 Construction $13,165 Contingency (10%) $13,165 Architectural Design (10%) $6,583 Architectural Construction Administration (5%) $164, 563 Veteran's Memorial (estimate $29,077 Construction $2,908 Contingency (10%) $2,908 Architectural Design (10%) $1,454 Architectural Construction Administration (5%) $36,346 $1,347,307 $1,029,044 $318,264 Total Add Alternates (3) Performance Pad $161,948 Sidewalk $164,563 Veteran's Memorial $36,346 Total: $362,856 Balance of available funds (after Phase II): $318,264 Total Add Alternates (3): $362,856 -$44,593 Project BudgetAs 2/14/2002 TOWN OF FOUNTAIN HILLS MEMO To: The Honorable41,r d Town Council Through: Roy Pederson, an�er From: Mark C. Mayer, Director,\ Parks and Recreation Department Date: February 14, 2002 Subj: Request on behalf of the VFW and the American Legion to fund the installation of the Veterans Memorial in Fountain Park, during Phase II Improvements. ACTION REQUESTED: Authorize the expenditure of $40,000 to complete the plans and specifications and construction administration for the Veterans Memorial in Fountain Park during Phase II Improvements. BACKGROUND: At the Town Council meeting of November 18, 1999, representatives .• of the VFW and the American Legion sought and received approval to place a Veterans Memorial in Fountain Park. This feature is included in the overall Master Plan for the park. The Town's consultant for the design, e group, prepared an overall master plan for the park and a colored rendering of many of the features that would be added to the park during the various phases. A copy of the Veterans Memorial, which has been reviewed and approved by representatives of the two groups, is attached. The consultant has estimated that the cost to construct the Veterans Memorial, including design and construction oversight, would be $36,346. The two groups are seeking the Town's financial support to be able to construct this feature as planned. In addition, the group has asked that an area be constructed within the Veterans Memorial upon which a demilitarized howitzer cannon could be placed. This would require that an area in the center of the concrete pad be thickened and reinforced with steel when constructed. This area is also depicted in the attached detail and is already included in the cost to complete the memorial. Under national guidelines the request for the cannon can only be made after the site has been constructed and a photograph taken and forwarded to the appropriate officials before further consideration is given. PRIMARY ISSUES AND ANALYSIS: Currently the cost to design and construct phase II improvements and the three add alternatives, i.e., the north sidewalk, the performance pad and the Veterans Memorial in Fountain Park, are estimated to cost more than is available for funding. The approval of the $40,000 request will bring the project budget, as estimated, close to being balanced prior to bidding the project. Representatives from the VFW and the American Legion have indicated that they will attend the meeting. CONCLUSIONS AND RECOMMENDATIONS: Consider the request of the VFW and the American Legion to fund the preparation of plans and specifications and the construction administration for the Veterans Memorial, during Phase II improvements to Fountain Park, at a cost of $40,000. Fountain Park Vete 0 Memorial ' wide concrete wa ay 1' high by 3' diameter concrete pedestal with flagpole for the American Flag - Prefabricated 6' 24'x8' space needed to place Iowitzer Cannon Rose garden •' / Sawcut in concrete ' fib" concrete head - 35' diameter concrete pad where cannon shall be placed WdW" In N m C• O W"�� Om W-4NN North 0 5 10 2C DAC Council Update.doc 4 �• EST. 190 �tbat is An""� TO: Honorable Mayor and Council Town of FOUNTAIN HILLS Engineering Department MEMORANDUM FROM: Councilwoman Fraverd and Jesse Drake -Ap DATE: February 15, 2002 RE: Developer Advisory Committee Update The Developer Advisory Committee was formed by the Council to be primarily responsible for identifying the areas within the application process and the areas within the text of the zoning ordinance and subdivision ordinance which seem to cause the most bottlenecks in time and confusion in understanding. The committee consists of: ■ Councilwoman Leesa Fraverd ■ Jesse Drake, Interim Director of Community Development ■ Jim Leubner, Senior Civil Engineer ■ Scott LaGreca, Chief Fire Marshal and four members of the Fountain Hills Contractor's Association: ■ Dave Montgomery, Civil Engineer ■ Scott Page, Builder ■ Gordon Pittsenbarger, Builder ■ Ken Kreuter, Builder The initial meeting of the committee was held January 8, 2002, followed by three additional meetings. The Committee has been discussing the Town's planning process and several developer concerns regarding the zoning ordinance. At each meeting a number of issues were discussed, some which met with quick resolution, while others have entailed a continuing discussion for which consensus has not yet been determined. The goals of both the development community and the Town staff are the same: to facilitate efficient, safe and appropriate design and development. The opportunity for the developers and staff to participate in a joint solution that identifies the difficulties and smoothes the process has been valuable to both. The committee anticipates that text amendments and ordinance revisions will follow. Town of Fountain Hills Memorandum DATE: March 21, 2002 TO: The Mayor and Town Council THROUGH: Roy Pederson, Acting Town Manager FROM: Jesse Drake, Interim Director of Community DevelopmentJD SUBJECT: Developer Advisory Committee Report Community Development and Building Safety Departments are refining the plan check process to eliminate the in-house plan review time. We are continuing to work on smoothing the transition of the plans through the various departments, which has been helpful to both staff and the community. We are beginning a more aggressive cross -training program, and this has helped both the customer, with more personnel being available to answer questions, and also staff, because they have a greater variety in their work. In addition, staff is meeting regularly to ensure that Building Safety and Plan Check reviews have consistent results. Minor plan reviews and approvals are encouraged over-the-counter if other department approvals are not needed or contradicted. We are working towards the goal of five days for expedited permit issuance for pools, walls and gas lines. The Engineering Department and the Sanitary District have been notified that we are working toward expedited reviews for these types of submittals. We are working on consolidating forms to reduce the number of forms needed and staff is working on having applications available in a downloadable format on the website. The Community Development Department is tracking residential and commercial plan review times and is coordinating with the Information Technology Administrator to implement a program to have and on-line system for builders to check the status of their plans. O��y'fAIN �\ o � � — 4 'hat is Town of FOUNTAIN HILLS DEVELOPER ADVISORY COMMITTEE Committee Members: Town Councilwoman Leesa Fraverd Dave Montgomery, Civil Engineer Jesse Drake, Interim Community Development Director Scott Pace, Builder Jim Leubner, Senior Civil Engineer Gordon Pittsenbarger, Builder Scott LaGreca, Fountain Hills Fire Chief Ken Kreuter, Builder DEVELOPER ADVISORY COMMITTEE ORDINANCE ISSUES Concern: Calculations of disturbance on lots in newer developments result in insufficient area to meet lot owners needs for home sizes. Possible solution: Recommended by committee The disturbance calculations should not include a driveway allowance of 20' wide times the most direct line length of the driveway or revegetated utility line allowance of 20' times the length of the utility corridor not to exceed a maximum area of 25% of the allowable disturbance. Possible solution: Not recommended by committee Sale or gift of additional disturbance land Other considerations: The Committee also considered steeper driveway slopes, narrower driveways, and waivers for previously disturbed land to gain additional disturbance. 2. Concern: Automatic stop work order for violation of disturbance boundary. Requirement of landscape architect for revegetation plan of same. Possible solution: Recommended by committee Stop work orders issued by staff for infractions in the judgment of Engineering or Community Development Inspectors. May be appealed to the Town Engineer or the Director of Community Development. List of approved designers to provide reveg plans. Director will allow contractors to submit landscape plans for approval from registered landscape architects and from a pre -approved list of designers. To qualify for inclusion on the list designers must submit a letter of request, their qualifications, and an example of prior work for consideration. 3. Concern: Waiver required for over 10' of cut or fill. Possible solution: Recommended by committee Eliminate requirement for a waiver if cut does not exceed 20' and is totally hidden beneath the footprint of the structure. E:\Developer Advisory Conunittee\DAC Ordinance Changes 2-12.doc ** Fill recommendation still under discussion. 4. Concern: Multiple retaining walls required for down slope and cut side areas in front yard setbacks due to 3.5' height limit. Possible solution: Recommended by committee Allow 6' retaining wall between property line and setback with a maximum 3.5' above street elevation, whichever is less. Safety features such as guardrails and/or handrails may be required behind a sidewalk or adjacent to or on top of a retaining wall or other similar structures. These structures will assure safe containment of both vehicular and pedestrian traffic within the public right-of-way and roadway "clear zone" areas. 5. Concern: 30% coverage amounts for existing R1-10 lots are insufficient for today's home buyers/builders. Possible solution: Under discussion - open for public input Allow 35% coverage for construction of single story residences in R1-10 areas. 23% of the R1-10 lots remain undeveloped. 6. Concern: Restriction of guesthouses to lots having minimun 70,000 sq. ft. and must be located behind front line of primary structure. Special use permit required. Possible solution: Eliminate the square footage requirement. Revise the allowed location for a detached guest house to be not more than one-half of one side of the guest house in front of (W the main structure. Revise the allowed location for an attached guest house to be in front of the main house, but connected by a common wall. Add a notation that the guest house cannot be rented or leased into the Chapter 10, Section 10.02.0 section in addition to the current notation in the Chapter 1, Definitions section of the Zoning Ordinance. May be appealed by Special Use Permit to Town Council. 7. Concern: Large accessory structure guidelines not consistent with guesthouses. No restrictions on small accessory structures. Possible solution: Large accessory buildings not allowed in the rear set back. Small accessory structures limited to 12' in height. No accessory buildings to be allowed with more than 1/2 of one side in front of the main structure. 9. Concern: Provide less restrictive requirements for ADA parking. Possible solution: Federal ADA requirements would allow the use of a shared five-foot aisle between two HC parking spaces. The Town should keep the required stall dimension requirements, but should adopt the Federal requirement for a shared aisle, rather than keep the more restrictive existing requirement of one five-foot aisle on the right for each HC parking space. E:\Developer Advisory Committee\DAC Ordinance Changes 2-12.doc U4tivej - To: The Honorable Mayor and Council From: Steve Gendler blic afety Directo4 Through: Roy Pederson, Town Manager Date: 2/14/2002 Re: Request for approval — Fire Equipment Purchase Executive Summary: The purpose of this memorandum is to request Council approval for replacement of the fire service pumper/ladder truck at a cost of $442,000. This action is consistent with the five-year plan under the Fountain Hills Fire District and represents the only fire vehicle that will need replacement, upgrade or refitting in the next three fiscal years. Funding for the purchase would come from the capital expenditure account established by the Fountain Hills Fire District and be consistent with specifications they set. After reviewing bids from four sources, we have an opportunity to secure an existing demonstrator which meets or exceeds the 39 minimum specifications at significant savings from American LaFrance Sales in Casper Wyoming. Problem: Currently, the Fountain Hills fire service is using a 1990 model 1250 G/pm pumper with a 750-gallon booster tank equipped with compressed air foam. The vehicle, which is now 12 years old, has been in extended service and is beginning to accrue major repair and maintenance costs. In this month alone, the pumper had to be scheduled for extended service including having the motor pulled for repair and will be out of service for at least four weeks. More importantly, the truck lacks the gear ratios and power requirements to efficiently traverse grades that are prevalent in the south and western portions of Fountain Hills. In addition, as the "Town center:" continues to develop, with large multi -family complexes, health care facilities, and commercial structures, the fire service will need an ability to remove occupants or place firefighters and equipment on a higher platform requiring a combination engine and aerial ladder. Planning for the Purchase: I A review of the Fountain Hills Fire District 5-yr timetable shows that planning for this purchase began in 1998, was reaffirmed in 1999, and included as a target for fiscal year 01-02. The fire district had developed a comprehensive list of specifications and had been actively seeking possible demonstrator equipment that had the advantages of low mileage, warranties and no maintenance with the added benefit of reduced cost. These specifications and the completed research were employed in seeking requests for bids to determine the cost. Bid process: In January, requests for bids were sent to three established vendors using thirty-nine minimum specifications. The vendors were Canyon State Emergency Equipment of Phoenix, American LaFrance of Casper Wyoming, and Pierce Fire Apparatus of Appelton Wisconsin represented locally by First In Incorporated of Phoenix. The resulting bids ranged from a high of $518,164 to a low of $442,000. The low bid, by American LaFrance, is the staff recommendation based on a combination of costs and a proven record with the current Fountain Hills truck as well as seven engines and an aerial ladder truck for Scottsdale. Funding: The cost is $442,000, not including tax and is available through outright purchase or a lease -purchase option. According to Julie Ghetti, current funds, including a capital purchase account, collected as part of the fire district's taxing authority, are being held at the County Treasurers Office. Deployment Guidelines: The newly acquired vehicle would be placed in immediate front-line service with the existing truck held as a reserve pumper. The proposed truck, a 75' aerial, would be stationed at the facility south of Shea where it would be within 3 miles of our largest commercial structures as well as all three-story buildings in Fountain Hills Requested Action: The bids are valid for 30 days and would expire by mid -March. Staff is requesting approval to proceed with an outright purchase, rather than a lease -purchase option, and award the contract to the low bidder, American LaFrance of Casper Wyoming, in the amount of $442,000 plus applicable taxes. 9 Page 2 C Tel (480) 837-5750 Fax (480) 837-5805 E-mail bill farrel16i ..gwest.net Law Offices of William E. Farrell, P.L.L.C. William E. Farrell MEMORANDUM TO: Mayor and Council Acting Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: February 14, 2002 RE: Authorization to Retain Outside Counsel for Fire District Litigation Building A. 16838 E. Palisades Blvd. Fountain Hills, AZ 85268 This item appears on your agenda and will most likely be a request to retain the services of Mariscal Weeks and specifically Mr. Gary Birnbaum of that firm in connection with defense of the Town and possible counter -claims and cross claims against other defendants. To date the lawsuit has not been served upon the Town or any of the named defendants. The proposal for legal services may well contain information that should be protected by the attorney - client privilege and therefore the request at the time of the council meeting will only identify the firm and approximate amount of money to be set aside for these legal services. I will be providing you with other information through the confidential attorney -client privileged memorandum. C2)j) Chron r^1p w o _1 7�i i is Town of FOUNTAIN HILLS Engineering Department MEMORANDUM TO: Honorable Mayor and Town C unci FROM: Randy Harrel, Town Engineer I l THROUGH: William E. Farrell, Acting Town Manager DATE: January 30, 2002 RE: Grant of No -Build & Sight Easement EAA01-10 Eagle Ridge Scottsdale Subdivision Lot 65, Lot 1 and Tract D Sierra Homes Tim Burns The property owner, Sierra Homes has granted a 20' wide No -Build Easement on Lot 65 - on the Eagle Ridge Drive street -side; a Sight Distance Easement on Lot 65 (width varies) for traffic stopped on Cloud Crest Trail - looking east onto Eagle Ridge Drive; and a 20' minimum varying width No Build Easement on Lot 1 and Tract D, all within, adjacent, or near the Town of Fountain Hills town limits. In accordance with our previous practice, no Council action is required. This memo is merely to advise the Council that the above public utility easement has been granted and acquired, and will be recorded by staff. lib cc: Tim Burns, Sierra Homes Tom Ward EAA01-10 Staff Memo Grant a No -Build & Sight Easement Eagle Ridge at Fountain Hills Subdivision 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT Sierra Homes grantor, for good and valuable consideration, hereby grants to the Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, a perpetual easement for the following purposes, namely: Within the Eagle Ridge at Fountain Hills Subdivision, a 20' wide No - Build Easement on Lot 65 - on the Eagle Ridge Drive street -side; a Sight Distance Easement on Lot 65 (width varies) for traffic stopped on Cloud Crest Trail - looking east onto Eagle Ridge Drive; and a 20' minimum varying width No Build Easement on Lot 1 and Tract D, all within, adjacent, or near the Town of Fountain Hills town limits. on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit "A" and as depicted in Exhibits "B" and "C", situated in or near the Town of Fountain Hills, State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey it; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this day of, 2002. C� Tim Burns, Sierra Homes STATE OF ARIZONA ) ss. County of Maricopa ) SUBSCRIBED AND SWORN TO BE before me this 24 day of 2002, by My Crr'on Expires: Exhibit A EAGLE RIDGE AT FOUNTAIN HILLS SUBDIVISION LOT 65 - SIGHT DISTANCE EASEMENT: That portion of Lot 65 lying within 20' of the westerly Right-of-way line of Eagle Ridge Drive; as shown in the Eagle Ridge Drive Map of Dedication, Book 465, Page 16 of the Records of Maricopa County, Arizona and situated in the Southeast quarter of Section 17, Township 3 North Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; said parcel being more particulary described as follows: Commencing at the centerline intersection of Eagle Ridge Drive and Cloud Crest Trail: Thence departing said intersection of Eagle Ridge Drive and Cloud Crest Trail, south 10 degrees 56 minutes 36 seconds east, a distance of 76.74 feet, to a point; said point being the most northerly corner of said Lot 65 which also lies on the Right-of-way line 35 feet southwesterly of the centerline of said Eagle Ridge Drive, THE TRUE POINT OF BEGINNING; Thence south 38 degrees 27 minutes 05 seconds east, a distance of 70.13' feet to the beginning of a tangent curve being concave southwesterly and having a radius of 765.00 feet; Thence southeasterly along the arc of said curve through a central angle of 13 degrees 18 minutes 38 seconds, an arc length of 177.72 feet; Thence departing said Right-of-way line, north 36 degrees 37 minutes 15 seconds west, a distance of 257.46 feet; to a point lying on the the boundary of Lot 65 on the Right-of-way diagonal at the intersection of said Eagle Ridge Drive and Cloud Crest Trail; Thence following the Right-of-way diagonal south 86 degrees 30 minutes 36 seconds east, a distance 16.57 feet to the TRUE POINT OF BEGINNING. This parcel contains an area of 2962.23 square feet or 0.068 acres more or less. LOT 1, LOT 65, AND TRACT D - NO -BUILD EASEMENTS: That portion of Lot 1 and Lot 65 lying within 20' of the southwesterly right-of-way line of Eagle Ridge Drive; and that portion of Tract D lying between Lot 65 and the southwesterly right-of-way line of Eagle Ridge Drive; said Eagle Ridge Drive being as shown in the Eagle Ridge Drive Map of Dedication, Book 465, page 16; MCR, and said Eagle Ridge at Fountain Hills subdivision being as shown in Book 569, Page 11, MCR. ff,/ t,-- •< f, 651 Rr1 4 SL. a L Sheet 1 of 3 1/14/2002 N36'37' 15"W 257.46' TOWN OF FOUNTAIN HILLS GRANT OF EASEMENT MAP EXHIBIT B EAGLE RIDGE SUBDIVISION LOT 65 S86'30 36 E 16.57' 0 S10*56'36"E NORTH 76.74' SCALE: 1"=100' TRUE POINT OF BEGINNING S38'27'05"E 70.13' NEW 20' NO BUILD EASEMENT D=13' 18'38" R=765.00' L=177.72' T=89.26' NEW SIGHT DISTANCE EASEMENT (VARIES) �. SIGHT LINE \ ;p LANZ) ICArF SGP� \F 16545 do 0 \ RANDY L. 70 \ HARREL s"9ned \ O \ 9 ?�IavA a . 1• L \ \, SHEET 2 OF 3 DATE: 1-14-2002 U TOWN OF FOUNTAIN HILLS GRANT OF EASEMENT MAP EXHIBIT C EAGLE RIDGE SUBDIVISION TRACT D AND LOT 1 1 NORTH \ SCALE: 1"=100' 1 \ U VARIES \ 20' \ NEW NO BUILD EASEMENT \ VARIES G� O� ELAND O R S6 \� y �\FICAr PL 16545 do Fo RANDY L. HARREL S/9ned r O \ SHEET 3 OF 3 DATE:1-14-2002 oo��Ainl yl�t N t'ST. 1959 •9���hatls Ac�ti°c Town of FOUNTAIN HILLS Community Center MEMORANDUM DATE February 5, 2002 TO: The Honorable Mayor andq�Dtkouncil FROM: James B. Willers, C THROUGH: Roy SUBJECT: January Acti Director anager Report for the Fountain Hills Community Center. For Council's information, please find the attached January Activity Report for the Fountain Hills Community Center. The report details, by date, the different activities, attendance and fees collected for rent, miscellaneous charges, food commissions, and liquor sales. Amounts shown are those charged for the event and may not necessarily have been collected in total by the end of the month. Business increased in January compared to December. The facility continues to run very strong for both usage and requests for upcoming dates. A recent ad in a bridal magazine generated six phone calls and three confirmed bookings within ten days of the ad publication. The completed brochure and revised handout information is expected to be ready in the next two weeks. The recent Cox Communication cable converter exchange has been a blessing to the facility as we were able to negotiate cable connections throughout the building in exchange for certain usages — special thanks to Peter Putterman for his assistance. Fridays, at noon, we now have the "Munch and Music" series for free musical enjoyment in the lobby. The first event brought over 150 attendees. Congratulations to Evelyn Breting and her volunteers. As we begin the new calendar year, the staff and I are looking forward to ever-increasing facility use. As we continue to have groups from out of town, it is really good to hear their comments about the Center, their desire to return for more meetings and wanting to tell others about the fine facility in Fountain Hills. I appreciate and applaud the staff for providing a cordial and very user-friendly environment. January summary is as follows: Activities — 150, YTD 525; attendance — 5,960; YTD 23,990; space rent - $4,460 YTD $18,960; misc. fees - $340, YTD $1,349; food — $588, YTD $2,446; liquor - $4,409 YTD $23,120; total revenues-$9,797, YTD $45,876. 13001 N. La Montana Dr. - Fountain Hills, Arizona 85269 - (480) 816-5200 - FAX: (480) 837-4452 o cT 0 CD :3j d m CD w a �< CA a cfl OD J J rn 1 4 w 1 v m N N N N N N N - to 0 c 0 . p w . cn o cow m o a � o r wwa 0 Cp o Z — c '0 o c v w o O O c O c O c ,.�c>>��0a�3 w o � O c ID. 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V O� D O OD �1 O ONO Cn N� 0 0 r L V A 000000 800 V V O 0 0 0 0 0 0 0 0 0 Fountain Hills Municipal Court Monthly Report January 2002 Civil Traffic Criminal Traffic Misdemeanor OOP/IPH January 2002 MONTH FYTD COURT DPS MCSO FHMD PROS 285 1,677 0 0 42 281 0 0 33 310 5 0 1 61 1 0 361 2,329 6 0 432 3,304 20 2 CASES TERMINATED MONTH FYTD Civil Traffic 234 1,943 Criminal Traffic 36 366 Misdemeanor 50 424 OOP/IPH 1 60 (w, anuary 2002 321 2,793 January 2001 449 3,539 HEARINGS/TRIALS HELD MONTH FYTD 225 60 0 22 14 6 20 5 3 0 0 0 267 79 9 202 207 1 Civil Traffic Hearings 3 55 Traffic / Criminal Trials 0 3 Juvenile Hearings 11 83 PTC/OSC/SR Hearings 49 345 OOP/IPH Hearings 1 11 January 2002 64 497 January 2001 82 608 January 2002 Revenue Received $38,055 01-02 Fiscal Year to Date $ 290,267 January 2001 Revenue Received $ 43,834 00-01 Fiscal Year to Date $ 319,263 1002 Outstanding Balance $373,386 `r.. 2001 Outstanding Balance $428,902 Chron a that is is Town of FOUNTAIN HILLS Engineering Department MEMORANDUM Notification Only TO: Honorable Mayor and Town Council �1 FROM: Randy Harrel, Town En ' eer, THROUGH: Roy Pederson, I e ' n Manager DATE: February 15, 2002 RE: 4-Way Stop, La Montana @ El Lago We have completed a muti-way stop warrant analysis at the intersection of La Montana and El Lago. The intersection meets the warrants for a 4-way stop. We have reviewed the following warrants: Warrant B — Accident Warrant There were 7 collisions during 2001 at this intersection. Of them, 6 were right-angle mid -day collisions, from various directions. The warrant is 5 accidents in a 12-month period susceptible to correction by multi -way stop control — which right angle collisions are. Since the Community Center only opened last September (5 of the 6 accidents have occurred since September 1), at this rate accidents might total 20 per year if uncorrected. (Previous to the Community Center opening, our records indicate there was only 1 accident in 1999; 2 accidents in 2000; and 2 accidents in the first 8 months of 2001.) Warrant met Warrant C — Minimum Volume 1. The 8th highest hour for volume on La Montana is 354 uph in January 2002, sufficient for the major street volume portion of the warrant (300 vph required). Minor street volume and minor street delay have not yet been determined, and are needed to determine whether this warrant is met. Warrant may be met Other Criteria — (These are new items in the 2000 MUTCD) B. Control Vehicle/Pedestrian conflicts at high pedestrian usage areas. We have received a petition on January 18, 2002 signed by 28 nearby residents from the Villa Estates at Town Center stating their concern regarding vehicle/pedestrian conflicts and requesting a 4-way stop. We have also spoken to Jim Willers, Community Center Director, who has no objection to a 4-way stop at this intersection. Criteria probably met 4-Way Stop, LaMontana @ El Lago 1 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Chron �11 C. Sight Obstructions There are significant vegetation sight obstructions on the northwesterly, southwesterly, and southeasterly corners. If a 4-way stop were not installed, staff would direct the removal of this obstruction vegetation by the respective property owners Criteria -met — but correctable D. Intersection of Residential Collectors "An intersection of two residential neighborhood collector streets of similar design and operating characteristics where multi -way stop what would improve traffic operational characteristics." Criteria met Based on the above warrants and other criteria, unless otherwise requested, staff will install 4-way stop control at this intersection next Tuesday (prior to the Fair). If otherwise requested by any Council Member, staff will instead agendize this item to provide direction to staff, at the next Council Meeting. /jb cc: Tom Ward Tony Marchese Jim Willers Laura Gildersleeve 4-Way Stop, LaMontana @ El Lago 2 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Chron O��'TAIN 46 w �� `• �/: 1989 �tkat is Town of FOUNTAIN HILLS Engineering Department MEMORANDUM Notification Only TO: Honorable Mayor and Town Council FROM; Randy Harrel, Town Engin r Ii_ � THROUGH: Roy Pederson, Interi anager DATE: February 15, 2002 RE: "No Parking Zone" on La Montana Drive El Lago Blvd. to Avenue of the Fountains At the request of Town staff, Dan Thumith and Deputy Marshal Ron Lemon (attached), we have reviewed the need for "No Parking" zones on the east side of La Montana Drive, from El Lago Blvd to Avenue of the Fountains (the Community Center frontage). After reviewing the various sightlines, we have determined that any parking allowed on the east side of this roadway will restrict one or more roadway or driveway sightlines, An occasional, single parked car could be seen around, but Community Center events and postal employee parking have generated substantial on -street parking. We have met with Jim Fisher, manager of the Fountain Hills Post Office, and he has directed Post Office employees and contract carriers to not park along the Community Center's La Montana Drive frontage. We had advised him that parking in the angled parking stalls on the south side of Avenue of the Fountain is not anticipated to be a problem for a number of years. Therefore, staff has proposed to designate and sign the east edge lane on La Montana Drive, from El Lago Blvd. to Avenue of the Fountains as "No Parking Bike Lane". We have spoken with Jim Willers, Director of the Community Center, who has no objection to posting "No Parking" on this roadway. If requested by any Council member, staff will agendize this item to provide direction to staff. Otherwise, the Street Department will proceed to sign the east side of La Montana Drive, from El Lago Blvd. to Avenue of the Fountains, as a "No Parking Bike Lane" as soon as signs are ordered and received. lib att. cc: Tom Ward Tony Marchese Don Thumith Jim Willers Laura Gildersleeve No Parking Zone on LaMontana Blvd 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Date; 1/2/02 To: Randy Harrel/Town Engineer From: Don Thumith/Facilities Operations Supervisor Subject: Town Center Good day Randy, I would like to present to you a problem that exists with curbside parking at the new Town Center on La Montana in hopes we can provide a solution before an accident occurs. Specifically the problem is that a vehicle exiting the North West parking lot driveway on to La Montana has a major vision problem to on coming traffic from the South due to daily parking of Post Office employee vehicles. The exiting vehicle must creep out into the North bound lane in order to get a clear view in order to proceed. During our punch list tour of the grounds I pointed this out to Tom Ward who suggested I present this situation to you. It appears that posting that area as indicated on my diagram might be a way to resolve the situation, however I defer to your wisdom and experience to resolve this unsafe condition. I remain available to discuss this further if need be. Than ou. Don Thumith C 7 TOWN OF FOUNTA!N HILLS ENGINEERING OEPANEJIE'V