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04-257Council File # Q �i�� c��n sh�c # 3 6 I��� RESOLUTION CITY OF SAINT PAUL, MINNESOTA 2{ Presented By Refened To Committee: Date 1 WHEREAS, A.M. Investors, Inc. d/b/a Pickles holds On-sale intoxicating liquor and 2 Sunday On-Sale liquor licenses (License ID# 0040713) for the premises located at 1082 Arcade 3 Street in Saint Paul; and 4 5 WHEREAS, Saint Paul I.egislative Code §409.11(c)(2) and (3) require that the 6 officers of a corporation holding a license issued under chapter 409 are to notify the city council 7 of any proposed sale or transfer of any stock in such corporation, and of any changes made in the 8 officers of any such coiporation; and 9 10 WHEREAS, the Office of LIEP has received notice that Gerald E. Neuspickle is ll deceased and that one hundred percent of the shares in A.M. Investors, Inc., which were owned 12 by Gerald E. Neuspickle, have been distributed to Steven Schultz, the personal representative of 13 the decedenYs estate; and 14 15 WHEREAS, the officers of said corporation have been changed and are now as follows: 16 Steven Schultz, President and CEO and Gene L.ee Neuspickle, Secretary-Treasurer and CFO; 17 now, therefore be it 18 19 RESOLVED, that the transfer of shazes in the corporation is hereby consented to by the 20 city council. l �.ka.�wc� �' �?ti,L� � Green Sheet Green Sheet oy- �s� Green Sheet Green Sheet Green Sheet Green Sheet � Departrnentloffice/council: Date initiated: LP — LicenWlnspectio�/EnvironProt 2¢FE� Green Sheet NO: 3012295 CoMact Person & Phone: ���M Sent 7o Person �/�[ Vrginia Palmer � 0 "ce ns 'o nviro Pro .Llf 7 2 Assign 1 'mnsellns 'oNLnviro Ro De entDirector �«'1�f2�Z� Must Be on Counail Agenda by (Date): Number Z i Attorue �.� C �� S� T' For Routing 3 or•s ce Ma odAssistant Ordef 4 ounal 5 i Clerk GS CI rk Total # of Signature P�qes _(Clip All Locations for Signature) Action Requested: Council approvai of a corporate transfer of shazes for A.M. Investors, Inc. d/b/a Pickles (Licetzse ID 0040713) for the premises located at 1082 Arcade Street. Recommendations: Approve (A) or Rejed (R): Personal Service CoMrecls Must Answerthe Following Questions: Planning Commission 1. Has this perso�rm ever worked under a contrect for this departmenf? CIB Committee Yes No Civil Service Commission 2. Has this personlfirtn ever been a ciry employee? Yes No , 3. Does this pereoNfirtn possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to,green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Whyj: Saint Paul legislative Code 409.11 requres that the officers of a corporation holding a license issued under Chapter 409 aze to no6fy ihe city council of any proposed sale or transfer of any stock in that corporarion. Advanqges If Approved: DisadvantaSles If Approved: DisadvaMages If Not Approved: 7otal Amoun[ of CasURevenue Budgetedc ' Transaction: Funding Source: ActiviN Number. Financial Information: (Explain) p�f o�s R g ' , � E' . .. J i�' %� 6c� � �.s� � `,Y, � ia� Scot� & Oswald, LLP Law Office January 16, 2C04 Virginia Palmer a0o C��yHall 15 West Kellogg $oulevard St. Pau VL�T 55102 In re: Gerald E. Neuspickle Estate Bear i�ls. Palmer. JAN ? v Z�J4 �� � � ������� I represent the estate and tnuc of JerryNeuspickle. In his trust, the decedent left his home and two bars zo his sons, Gene Neusp:ckle and JenyN�uspickle. I've enclosed copies of �hose trust pa�es fox � Betweei� chemsel�res, the sons de��ded that ihe bar known as "Pickles," :oca*_ed az 1C82 Arcade Street, wili be distributed ta Gere Neuso;ckle. 'i'he ±rastee and personal representauve of the estate, Steven Schultz, has become the sole shareholder of A.M. Investors, Inc, the corporarion that neld and xan "Pickles: '_� copy of his �ction of Shareholders is also encl�sed. In that document, he named Gene Neuspickle secretary/ treasurer of the corporation, and Gene has succeeded to the corporate checl�ng account. Iater this year, when the aecountant has completed his w�rk, Gene will become the sole shareho?der. �'1v�,i: iiiS iiS3; 1�iai.iGis :S :3Si,�Ui t0 yOii i;i iSSili:1� 2;i:�li�.^.. ;i�ci_St L`J CrE: c' Ne�Sspickte. if you have anyquestions, please feel free to direce them� to me. 'Z1��nk you for your help. �--�_-. Jeffrey P.Scott 7homas C. Oswald 2356 Unmersity Ave West Suite 404A Saint Paul MN 55114 651/647-9533te1 651/647-9544fax enclosures cc. Gene Neuspickle Steve �chultz o�f - as Section 3. Distribution of Real Estate to GENE LEE NEUSPICKLE Upon my death, my Trustee shall distribute to GENE LEE NEUSPICKLE the following described real estate: A one-half undivided interest in the real properiy commonly known as: 2715 Midvale Place Maplewood, Minnesota 55119 L.egal Description: The East 125 ft of the West 250 ft of L.ot 29, Block 1, Midvale Acres, and the East 110 ft of the West 235 ft o: I,ot 28, Block 1, all in Midvale Acres, Ramsey County, Minnesota. If GENE LEE NEUSPICKLE should predecease me or die before the complete distribution of his specific gift, my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. ff GENE LEE NEUSPICKI.E has no then living descendants, my Trustee shall distribute the balance of the property to JERRY ALLEN NEUSPICKLE, per stirpes. Section 4. Distrilbution of Real Estate to JERRY AI.LEN NEUSPICKLE Upon my death, my Trustee shall distribute to JERRY ALLEN NEUSPICKLE the following described real estate: A one-hal_f undivide� interes± in the rea? prc�erty commonly knowr. as: 1082 Arcade Street St. Paul, Minnesota 55105 Legal Description: Property ID number 28.29.22.22A178 If JERRY ALLEN NEUSPICKLE should predecease me or die before the complete distribution of his specific gift, my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. 75-2 o�f� as� If JERRY ALLEN NEUSPICKLE has no then living descendants, my Trustee shall distribute the balance of the property to GENE LEE NEUSPICKLE, per stirpes. Section 5. Distribution of Real Estate to GENE LEE NEUSPICKLE Upon my death, my Trustee shall distribute to GENE LEE NEUSPICKLE the following described real estate: A one-half undivided interest in the real propeny commonly known as: 1082 Arcade Street St. Paul, Minnesota 55105 r ��� E l� �-= � Legal Description: Property ID number 28.29.22.22.0178 If GENE LEE NEUSPICKLE should predecease me or die before the complete distribution of his specific gift, my Trustee shall distribute the balance of the trust property to his then living descendants, per stirpes. If GENE LEE NEUSPICKLE has no then living descendants, my Trustee shall distribute the balance of the properry to JERRY ALLEN NEUSPICKLE, per stirpes. Secti�n 6. Distribution of Real Estate to 3ERRY ALLEN NEUSPICKLE Upon my death, my Trustee shall distribute to JERRY ALLEN NEL3SPICKLE the following described reai estate: A one-half undivided interest ln the real property commonly known as: 230 Front Avenue St. Paul, Minnesota 55102 Legal Description: L,ots 1 and 2, Block 15, L,ewis Second Addition to St. Paul 75-3 oy-as� ACTION OF SHAREHOLDERS WITHOUT A MEETING BY PERSONAL REPRESENTATIVE The undersigned, being the Personal Representative of the sole Shareholder of A.M. Iavestoss, Iac. a Minnesota corporation, herby consents to the taking of the following actions without the forxnality of a meeting, pursuant to Minnesofa Statutes, Section 302A.239, and hereby waives any notice whatsoever required to be given in connection therewith. WHEREAS, Crerald E. Neuspickle died on September 25, 2003; and WHEREAS, Steven Schultz was appointed Personal Representative of the Estate of Gerald E. Neuspickle by Letters Testamentary dated November 26, 2Q03, a copy of which are attached; and WHEREAS, the decedent was the sole shaxeholder of A.M. Investors, Ync., a Minnesota corporation; and WHEREAS, the decedent's will distributes a one-half interest in the real estate used by the Corporation as its principal place of business, to Jerry Allen Neuspickle; and a one-half interest to Gene Lee Neuspickle; and WHEREAS, the Corporation has received notice from Jerry Allen Neuspickle and Gene Lee 1�3euspickie that, pursuant to a separate agreement, all of Decedent's interest in A.M. Investors, Inc. should be distributed to Gene L.ee A3euspickle. RESOLVED, by the Personal Representative for the Sole Shareholder and Board of Directors of the Corporation, the Decedent: l. New Shareholder. Steven Schultz is hereby the sole shareholder of the Corporation. 2. New Stock Certificate. The Personal Representative is hereby authorized and directed to issue one new certificate representing the only outstanding shares of the Corporation as follows: To Steven Schultz, stock Certificate No. 1, representing 1000 shares ofA.M. Investors, Inc. o�/- �s� This action is intended to correct earlier omissions in the corporate recards as to how the stock ownership is held, since no certificates for shares have been issued prior to this date. A copy of said certificate is attached. 3. Election of Director. Steven Schultz is hereby elected as Director of the Corporation to serve until his successor shall have been duly elected and qualified, or until his death, or unti) he shall resign or shall have been removed from office. 4. Election of Officers. The Director elects each of the following persons to the offiee of the Corporation set forth before his name, to serve - until his successor shail have been duly elected and qualified, or until his death, or until he shall resign or shall have been removed from office. Office President/ CEO Secretary/Treasurer f CFO Name Steven Schultz Gene Lee Neuspickle 5. Ratification of Acts. The acts of the Officers of the Corporation on behalf of the Corporation since the last regular meeting of the Board of Directors are hereby approved, confirmed, adopted, and ratified as the acts af the Corporation. RESOLVED, by the Personal Representative of the Shareholders of the Corporation: Dated:l �'�S -26 f� ���i`�"�� 6' �l �j��SUl�a�',v�e � Steven Schultz, ersonal Representative �_ GENERAL P-070 Content created and owned by Minnesota Corrtinuing Legai Education ���c$ Minn. Siat. 524.3-601 _�� � L+� Mi11er/Davis Co., St. Paul, MN 85�-642-1988 STATE OF MtNNESOTA DISTRICT COURT V'/�o'S ND}f 2 6 20�3 PROBATE pIVISION COUNTY OF RAMSEY SECOND JUDICIAL pISTRICT CAU DMWlSTRATOR ourt Fiie No. t�Co — 03 —� 9/�/ ESTATE OF BY DEPUTYC GFRqi t� F M R N P{ K�aka LETTERS rFRALD E. N PI K � TESTAMENTARY ❑ OF GENERAL ADMINISTRATION DECEDENT 1. The Decedent died on 09/2,�,/9003 has been appointed Personai Representative of pecedent's Estate in � an unsupervised a supervised administration and is now qualified to act as Personal Representative of the Estate and has authority to administer the Estate according to law. STATE OF MINNESOTA RAMSEY COTJNTY Certified to be a true and cozrect copy of the' original on file a�d��i�ca��Y� office. I further certify the Letters are in fu11 force and effect, that no objecrion to appointment has been filed, and/or no formal proceedings have been commenced. ff _ � � _ � pated CQtIRT ADMNISTRATOR B }�'!/1..c1'`-!L' �i` .� Q�'' Depufy � _`�� i��.�l.�- o-v- c�'6 � r � 02.s S�sdgefRegistrar Date Letters ❑ Testament � of General Administration , _ r