951-698-4266 Bear Creek Master Assoc. 05:07:08 p,m.

03-02-2011 2/6

1 BEUS GILBERT rt•c

2 4800 NORTH SCOTTSDALE ROAD

S• 6•0
3 SC•B•, •ONA S•251
•PHO• (480) 429-30•
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Paul E. Gilbert/AZ Bar No. 002946
5 Franklyn D. Jeans/AZ BarNo. 004657
6
Cory L. Broadbent/AZ Bar No. 024049
pgilbert@•beus_•ilbert, corn
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tjeans•beusgilbert, cgm
cbro adbent•beusgilbert.com
8 Attorneys for Pla•nffffs
9 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
10 IN AND FOR THE COUNTY oF MOHAVE
11 BRIAN THIENES, an individual, JOHN BALL Case No.: CV2010-1563
and MONICA BALL, husband and wife; THE
12 THOMPSON FAMILY TRUST; JUAN •AVIT OF BRIAN THIENES
BRACAMONTE and SACQUELINE
13 BRACAMONTE, husband and wife,
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Plaintiffs,
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VS.
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CITY CENTER EXECUTIVE PLAZA, LLC,
17 an Arizona liability company; JERRY
ALDRIDGE and CYNTHIA ALDRIDGE,
18 husband and wife, BLACK COMPANIES 1-
19 100, WHITE PARTNERSHIPS 1-100, GREEN
LIMITED LIABILITY COMPANIES 1-100,
20 JOHN and JANE DOES 1-100,

21 Defendants.
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1 State of Arizona )
2 County of Mohave )
3 being first duly deposes
Brian Thienes, sworn upon his oath• and states:
1. I am over the age of 18 and am competent to make this affidavit.
2. I am a captioned Brian Thienes, et al. v. City Center Executive
Plaintiffin the action
6 Plaza, LLC, et al., CV2010-1563, County of Mohave, State of Arizona.
7 3. As part of my decision to purchase my lot in The Refuge, I was provided marketing
8 materials regarding the Subdivision.
9 4. These marketing materials advertised that Arnold Palmer was designing the golf
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gour$c.
11 5. The marketing n•atcrials also indicated that the Arnold Palmer designed golf course
12 was the central feature of the subdivision and the amenity around which the entire
13 community was developed,
14 6. The marketing materials repeatedly reference the golf course and indicated to me
15 that the golf course was the central feature of the subdivision and that it would
16 remain so.
17 7. A• part of my e•aluation of property at The Refuge, I was also provided maps of the
18 development. These maps showed the lots within the subdivision, roads, and the
19 golf course.
20 8. The map of the community indicated to me that the golf •oursc was the central
21 feature of The Refuge and the amenity around which the community w• developed.
22 9. This wasimportant to me because I wanted to purChase property in a "golf Course"
23 ¢oramunity because, among other reasons, view• of a golf course, the accessibility
24 of golf, and the increased value of property in a golf course community.
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1 10. In deciding to purchase my lot at The Refuge, I also reviewed the Public Report for
2 the subdivision. Report discloses that the development' was limited to
The Public
3 3(50 lots and had s private golf course, No where in the Public Report is it
4 mentioned that the golf course could be removed or that an RV park could be
5 constructed in The Refuge.
6 11. If the Public Report had indicated that the developer, or its succe.•sor• could remove
7 the golf vourse and place an RV park on the Arnold Palmer golf course, I would not
$ have purchased my property in The Refuge.
9 12. In sum, I purchased my lot in The Refuge based on the existence of the Arnold
10 Pal•er Golf Course and in the belief that the Golf Course would b0 maintained as

11 an A_mold Palmer golf course. I based my belief on market•g materials

the for The
12 Kefuge, the maps of the community, the Public Report for the subdivision,
and the
13 understan&ng the Mohave County and Fish and Wtldl•e had restricted the use of
14 the subdivision to single family homes and a golf course.
15 13. I would not have purchased my lot in The Refuge if I bad been told that the
16 developer or its successors could remove acreage from the golf course, change the
17 golf course from an Arnold Palmer designed golf course, or construct an RV park
on golf course prope•y.

19 14. I collected or reviewed the materials attached as Exhibits 1 through 16 to Plaintiff's'

20 Complaint, and attached hereto, and believe them t• be authentic and accurate,
21 Those materials include:
22 A. Marketing materials for The Refuge at Lake Havasu ("The Refuge").
23 B. Correspondence dated September 28, 2000 from Mohave County Plarmin 8
and Zoning to A-N West Inc.

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1 C, Correspondence dated February 15, 2001 from Mohave County Planning

2 and Zoning to A-N West, Inc.
3 D. Correspondence dated March 2, 2001 from RLS Development and
4 Consulting to Mohave County Planning and Zomng.
5 E. Correspondence dated March 9, 2001 from RLS Development and
Consulting to Mohave County Planning and Zoning.
7 F. Correspondence dated May 24, 2001 from Peter Loyd to NIohavc County
8 Plaxming and Zoning.
9 G. Correspondence dated June l, 2001 from the United States:Department of
10 the Interior, Fish and Wildlife Service, to Mohavc Counv Planning and
I1 Zoning.
12 H. Mohavc County Resolution No. 2001-40g.
13 I. Correspondence dated January 24, 2002 from RLS Development and
14 Consulting to Mohave County Plmming and Zoning.
15 J. Mohave County Resolution No, 2002-98.
16 K. Mohave County Resolution No. 2002-28 I.
17 L. Final Plat for The Refuge at Lake Havasu.
18 M. Mohave County Resolution No. 2007-084.
19 N. Correspondenoe dated April 12, 2010 from ARQ Engineering, LLC to

20 Mohave County Planning and Zoning.

21 Subdivision Public Report for The Refuge at Lake Havasu.
22 P. Materials from the websitc maintained by Defendants.
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v•v•/•v •o.• •vv•/vv•

I FURTHER AFFIANT SAYETH NAUGHT.

2 Exeguted this d" day of Mare,h, 2011. / / \
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Subscribed •nd sworn to b•for• m•
Ithls • day of lvl•h, 2,01
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$
My Commission Expires:
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10 OFFICIAL SEAL
SHERRY LYNN MOUNT
11 Notary Public State of Arizana
PINAL COUNTY
My Comm. Exph'e• June 10, 2011
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