The URL can be used to link to this page

Home My WebLink AboutOV121009o�Ovp,LLEY qR/ZO29 7A LADED Development and Infrastructure Services Department November 10, 2011 , Kevin M. Hall, P.E. Cypress Civil Development 2102 N. Country Club Road, Suite #9 Tucson, Arizona 85716 RE: IP1210-09, Improvement Plan Acceptance Letter for O'Rielly Auto Parts, Entrada Del Oro Dear Kevin, The Town of Oro Valley's Development and Infrastructure Services Department Permitting Division has completed the review of the O'Reilly Auto Parts Improvement Plans. The proposed improvements have been accepted and the Town Engineer has signed the Mylar cover sheet. In accordance with the ORO VALLEY ZONING CODE (OVZC): SEC. 26.3, the technical accuracy and conformance to the current minimum design standards and requirements of the TOWN OF ORO VALLEY, and other applicable standards are the responsibility of the design engineer. A Type 2 grading permit and pre -construction meeting are required for this project. A Type 2 Grading Permit application and checklist are attached for your use. The checklist identifies all items required for the pre -construction meeting. This project requires that assurances be posted in the form of Construction / Restoration and Landscape Bonds. Please ensure that the assurances can be submitted no later than the scheduled pre -construction meeting. A Type 2 Grading Permit cannot be issued until all required assurances have been posted. Any proposed revision or modification to this accepted plan shall be submitted to the Town for review and approval prior to such revision/modification being made in the field. As -built record maps of final site construction shall be submitted to the Development and Infrastructure Services Department for review and acceptance prior to the request for final site inspection and full release of any bonds/assurances. Please provide Oro Valley with five complete bond sets of the finalized approved plans. If you have any questions, please call Marvin Miller at (520) 229-4823. Sincerely, > W&D V, 04 e2j Marvin Miller - Engineering Design Reviewer Attachments: Signed Mylar cc: Karen Berchtold, TOV Senior Planner Larry Click, Architect Bruce Wright, Owner/Developer Planning Permitting inspection & Compliance Engineering Operations Transit (520) 229-4832 (520) 229-4815 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990 Caring for our heritage, our community, our future. 11000 N. La Canada Drive • Oro Valley, Arizona 85737 fax: (520) 742-1022 • www.orovalleyaz.gov POVP&LEY gq�0 0 9 Development and Infrastructure Services Department Permitting Division 11000 N La Canada Drive, Oro Valley, Arizona 85737 • 520-229-4815 • 520-742-1022 (Fax) UNDED "916' TYPE 2 GRADING PERMIT CHECKLIST All items listed below must be completed prior to scheduling a pre -grading conference. Items with lines through them are completed. Open items are to be submitted by the applicant or agent. OWNER/DEVELOPER: WRIGHT-PANTANO LLC GRADING PERMIT #: PROJECT NAME: O'RIELLY AUTO PARTS — ENTRADA DEL ORO OV #: IP1210-09 ENGINEER/AGENT: KEVIN M. HALL — CYPRESS CIVU, DEVELOPMENT PHONE: 991-5213 DATE: 11/10/2011 ❑ Proof of review fee payment, date paid: Final Payment: $200.00 (11 /08/1 l )• Am't Due = WOO ❑ Approved Improvement Plans: 5 (subdivision) or 7 (commercial) blueline sets of civil plans including SWPPP sheets and a Mylar set of the plans ❑ Completed Grading Permit Application ❑ Construction(Restoration Bond* ❑ Landscape Bond * * Note: Bond Estimates shall be submitted & approved by OV Staff prior to bond submission ❑ Grading Permit fee: Amount to equal '/2% of site construction cost or $500, whichever is greater. Submit contractor's bid information on letterhead or sealed estimates from the Civil Engineer. BUILDING SAFETY DIVISION PROJECT ROUTING Date: August 16, 2011 PROJECT Name: Address: 7861 N ORACLE RD OV Plan Review/Permit #: C1100051 Contact #: 520-327-6670 Building Permit Application Approval \ejt -�_Wi Q_x_'J - A Building Permit Application has been submitted to the Town Building Safety Division for the aforementioned project. If you have concerns, comments, requirements, or suggestions that would affect the issuance of a building permit, please notify the Building Safety Division as soon as possible. Please return this packet to the Building Safety Division as soon as you have completed your review or if you have access to the Permits Plus system, place your approval and comments in the appropriate location within the system. Separate comment sheets may be used, if necessary. Thank you. Planning and Zoning Review: Approved: Denied: Initial/Date: Grading/Engineering Review: Approved: Water Utility: Improvement Plans Approved: Fire Flow Available?: ONE S Fire Marshal: Approved: Denied: Police: ONE SET FOR FILE Economic Development: ONE SET FOR F Denied: ✓ Initial/Date: ogv-r'lil �1�•- 7��r;� U.ut�, Tim Denied: Initial/Date: Initial/Date: BUILDING SAFETY DIVISION PROJECT ROUTING Date: August 16, 2011 PROJECT Name: Address: 7861 N ORACLE RD OV Plan Review/Permit #' C1100051 Contact #: 520-327-6670 Building Permit Application Approval \�-Jt Tx�i P-uj - A Building Permit Application has been submitted to the Town Building Safety Division for the aforementioned project. If you have concerns, comments, requirements, or suggestions that would affect the issuance of a building permit, please notify the Building Safety Division as soon as possible. Please return this packet to the Building Safety Division as soon as you have completed your review or if you have access to the Permits Plus system, place your approval and comments in the appropriate location within the system. Separate comment sheets may be used, if necessary. Thank you. Planning and Zoning Review: Approved: Denied: Initial/Date: Grading/Engineering Review: Approved: Denied Water Utility: Improvement Plans Approved: Fire Flow Available?: ONE SET PLANS Fire Marshal: Approved: Denied: Police: ONE SET FOR FILE Economic Development: ONE SET FOR FILE Denied: Initial/Date: Initial/Date: Initial/Date: Development and Infrastructure Services October 30, 2012 Kevin M. Hall, P.E. Cypress Civil Development 2102 N. County Club Rd. #9 Tucson, AZ 85716 SUBJECT: Bond Release for O'Reilly Auto Parts, OV1210-09/IP1210-09 To Whom It May Concern: Development and Infrastructure Services staff has reviewed the site and found it to be in substantial compliance with the plans and specifications for OV1210-09, therefore the Town has no objection to the release of the construction bond in the amount of $1752.00. Regards, huck King, Inspection & Compliance Division Manager/ Building Official Town of Oro Valley cc: Wright-Pantano, LLC Archerland, LLC File Planning Permitting Inspection & Compliance Engineering Operations Transit (520) 229-4821 (520) 229-4815 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990 Caring for our heritage, our community, our future. 11000 N. La CaMada Drive - Oro Valley, Arizona 85737 fax (520) 742-1022 -www.orovalleyaz.gov WEINGARTEN REALTY 4440 N. 36th street, Suite zoo Phoenix, Arzona 85018 800.600.0886 602.263.8852 Fax www.woingarten.c:om June 16, 2009 Mr. Bruce Wright Wright Pantano, L.L.C. 7739 E. Broadway #417 Tucson, AZ 85710 DEC 2 7 Re: Checkers Building Entrada de Oro Shopping Center Tucson, AZ Dear Bruce, Please be advised that Weingarten Realty approves the architectural plans that were submitted for remodeling of your building at Entrada de Oro Shopping Center. Included in our approval are the proposed changes to the parking and landscaping configurations at the end of the building. Your contractors are granted access to the property for construction purposes. We ask that the drive lanes are not blocked and that the construction dumpster is placed at the rear of the building. Please let us know when a commencement date for the construction has been determined. We look forward to your remodel. Thank you. WEINGARTEN NOSTAT, INC., a Texas corporation Deborah E. Brennand, CPM, CSM Regional Property Manager cc: CF/RF 0570-120 People -to -People. Coast -to -Coast. BUILDING SAFETY DIVISION PROJECT ROUTIN Date: October 14, 2011 kpawt& Building Permit Application Approval PROJECT Name: OREILLY AUTO PARTS REMODEL Address: 7861 N ORACLE RD OV Plan Review/Permit #: C1100051 Contact #: 520-327-6670 A Building Permit Application has been submitted to the Town Building Safety Division for the aforementioned project. If you have concerns, comments, requirements, or suggestions that would affect the issuance of a building permit, please notify the Building Safety Division as soon as possible. Please return this packet to the Building Safety Division as soon as you have completed your review or if you have access to the Permits Plus system, place your approval and comments in the appropriate location within the system. Separate comment sheets may be used, if necessary. Thank you. Planning and Zoning Review: Approved: Denied: Initial/Date: Grading/Engineering Review: Approved:_ ?aV"I Water Utility: Improvement Plans Approved: Fire Flow Available?: ONE SET PLANS Denied: Initial/Date: Denied: _ Initial/Date: Fire Marshal: Approved: Denied: Initial/Date: rc»r��arr� 2 1' P v tea = (lVWzuw We.2u 5r'ra5 -AV so V-F-ho') 1cjA10% A 2��u r�utri�' Police: ONE SET FO Economic Development: ONE SET FOR TOWN OF ORO VALLEY - BUILDING PERMIT APPLICATION APPLICANT TO FILL OUT TOP PORTION OF PERMIT APPLICATION (PLEASE PRINT) 16, rmd R AI SO PI FA.SF C`O/YIPI FTF GRADING AND CONTRACTOR INFORA9ATION ON INSIDE. 6�CCC)b t* NOTICE TO PERMIT HOLDER - It is the applicant/ owner's responsibility to ensure all private rules and regulations of the subdivision are adhered to. Contact your HOA or properly management to deten-nine applicable requirements. ,ROJECT ADDRESS SUBDIVISION NAME 0 6 -7 t N , oy SECTIO ROVVNbHIPIRANGE ASSESSORS PARCELa BOOK/PAGE/SHEET O�E Nu �� 1 ZONING LOTa LICANT MAILING ADDRESS CI ISTATEIZIP _ JHO NE _AX -1 o E-MAIL 14 ✓d c l I ck- Aw- - 'ROPERTY OWNER MAILING ADDRESS J y� CITY/STATE/ZIP 'HONE E-MAIL =AX :l G+ CONTRACTOR MAILING ADDRESS CITY/STATE/ZIP PHONE E-MAIL F AJX CONTRACTOR'S ORO STATE TRANSACTION PRIVILEDGE REGISTERED WITH ORO CONTRACTOR'S LIC.a VALLEY BUSINESS (SALES)TAXa VALLEY FOR TOWN SALES LICENSE a TAX? YES_ NO AR ECT, ENGINEER OR DESIGNER (CIRCLE ONE) MAILING ADDRESS CITVISTATE/ZIP G � PHONE E-MAIL FAX DESC IBE WORK (v' ORO 1ALLEY neODELN AND NAME/B AME IF COMMERCIAL PROJECT STA ��►w; LIST MODEL OPTIONS IIIApplicable) DAT A I N `PLI ]] <+ AUu 1 b 2011 R,1`- iA[ i qS NOTICE: §R 105.1. IRC or §105.1, IBC Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or aI;I I��o�r�l y',¢I it In oI structure. or to elect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any uch work to be done, shall first make application to the building official and obtain the required permit, pppication for which no permit is issued within 180 days following the date of application shall expire by limitation regardless I?I the status of the application, and plans and other data submitted or review may thereafter be returned to the applicant or destroyed by the building official. An extension may be requested in writing prior to expiration. permit becomes null and void if work of construclion authorized is not commenced within 180 days or if construction or work is suspended or abandoned for a period of 180 days at any time her work is commenced. An extension may be requested in writing prior to expiration. I hereby certify that I have read and examined this application and know the same to be true and correct. I am the owner of the property of the owner's authorized representative, and it not the caner. I have obtained t wner's permission to perform staled work. All provisions of laws and ordinances governing this type of work wrl be complied with whether specified herein of not. The ranting of a permit es I presume to give rity to violate or cancel the provisions of any other state or local law regulating construction of the performance of construction. APPLICANT'S SI NATU PRINT NAME (DO NOT WRITE BELOW THIS LINE) IPTION N49KVALUATION TABLE SOUARE FEET OCCUPANCY GROUPS DEPOSIT INFO1RMATIO AMUUNI 1 l J `' IUSE 10 TYPE OFCONSTRUC CONSTRUCTION CASH CHECK CHECK II TRUST ACCOUNT q OF STORIES #OF UNITS ADD PLUMBING FIXTURES? Y N TAKEN BY FIRE SPRINKLERS? Y N PLAN LOC N: WATER METER SIZE (if applies): September 7, 2012 Town of Oro Valley Department of Public Works 11000 North La Canada Drive Oro Valley, AZ 85737 Attn: Mr. Chuck King RE: Entrada del Oro -Checker Auto (a.k.a. O'Reilly Auto Parts Store) 7861 North Oracle Road Oro Valley, Arizona SS704 IP1210-09 Dear Chuck: At the request of the Town of Oro Valley (hereinafter "Town") and in conformance with the requirements of the Type 2 Grading Permit, Cypress Civil Development respectfully submits this letter as the "Letter of Certification" for the Entrada del Oro — Checker Auto (a.k.a. O'Reilly Auto Parts Store) project. 1, Kevin M. Hall, a Professional Engineer registered in the State of Arizona, provide this letter as certification that the construction of the aforementioned project was completed, to the best of my knowledge, in substantial conformance with the Town of Oro Valley's Accepted Construction Documents or with allowed changes as reflected on the as -built plans. This certification applies only to the site civil improvements as designed and shown on CYPRESS's "Private Paving, Grading and Drainage Plan for Entrada del Oro — Checker Auto" and as covered by the Type If Grading Permit, permit #G,1200003, issued by the Town of Oro Valley to the project's general contractor. It is noted that per Arizona Revised Statutes 32-151, the use of the word "certify" or "certification" by a person or firm that is registered or certified by the board is an expression of professional opinion regarding facts or findings that are the subject of the certification and does not constitute an express or implied warranty or guarantee. If there are any questions regarding this letter and the information contained herein, please contact the undersigned to discuss. A ,/ . / A Sincerely, Cypress Civil Development eevinHall, PE Principal ENGINEER -OF -RECORD MONTHLY REPORT for MONTH OF AUGUST, 2012 O'REILLY AUTO PARTS STORE TYPE II GRADING PERMIT #G1200003 Oro Valley, Arizona 7 September 2012 OWNER/PROJECT ADMINISTRATION Wright-Pantano LLC 9121 East Tanque Verde Road Suite #10 Tucson, Arizona 85749 PREPARED BY C Y RA E S S CIVIL DEVELOPMENT ,li�111-WallAil 2102 north country club road #9 tucson, arizona 85716 520.991.5213 CYPRESS # 12.001 Project Summary The O'Reilly Auto Parts Store at Entrada del Oro project site is located approximately 800' south of the intersection of Oracle Road and Magee Road, on the west side of Oracle Road, at 7861, in Oro Valley, Arizona. Also known as Parcel #225-50-0030, the Parcel is located in the southeast % of the northwest % of Section 36, Township 12 South, Range 13 East, G&SRM. The project area occupies approximately 4,750 SF and is currently developed with a paved area that is part of the local retail center PAAL. The project area is just west of the Oracle Road right-of-way and just east of the existing retail center. The proposed project consists of the re -development of an existing paved driveway area with a new parking area and associated landscape and drainage improvements. Work Completed This Month Site construction work relative to the Type II Grading Permit continued and was completed during the month of August. Material Testing The only materials testing conducted for the project was a compaction test conducted in April at the location of one of the building columns which showed results of 102.4% compaction. As such, and due to the relative small size of the project area, no further test results were deemed necessary. The stated test result is included in Appendix A. Surveillance Reports On August 6 CYPRESS visited in the AM and performed surveillance. Work relative to the Type II Grading permit had continued with rebar having been set for the concrete paving (see Appendix 8 for Engineer -of -Record Daily Report). On August 12 CYPRESS visited in the AM and performed surveillance. The concrete paving had been completed (see Appendix 8 for Engineer -of -Record Daily Report). On August 21 CYPRESS visited in the AM and performed surveillance. The landscaping had been installed (see Appendix 8 for Engineer -of -Record Daily Report). On August 31 CYPRESS visited in the AM and performed surveillance. The site work had been completed with placement of the signage and striping in the paved parking area (see Appendix 8 for Engineer -of -Record Daily Report). Miscellaneous Issues Two minor issues were discussed with the owner/contractor throughout the month of August. One was in regards to the interface between the paved parking area and the adjacent sidewalk. It was agreed to alter the paved area so that there was a flush curb along the interface. This in turn pushed the drainage flowline out into the paved parking area but did not have any adverse affects. This change is shown on the as -built plans. The second item discussed was the elimination of the "speed hump" at the entrance to the paved parking area from the adjacent PAAL. This hump was designed for drainage diversion but it was determined that it was not necessary due to only a minimal amount of runoff flowing into the new paved area from the adjacent PAAL. Placement of the hump would only serve as a distraction and physical impedance to vehicular traffic. Progress Photos Overall site progress t Rebar placed for concrete paving .Y Site looking from south following concrete pavement placement Site looking from north following concrete paving Overall site following landscaping Overall site at completion ,t ftwm".. i CJ Overall site at completion Conclusion During the month of August the project continued and was completed by the end of the month. As the site work has been completed this will be the final Monthly FOR Report issued for the project. SOUTHERN ARIZONA TESTING LABORATORY P.O. BOX 2508 TUCSON, AZ 85702-2508 Ph: (520) 623-3331— Fax: (520) 623-3214 satl.tucson@gmail.com April 19, 2012 ARCHERLAND, LLC P.O. BOX 86748 Project: Entrada Del Oro Shopping Center — O'Reilly Auto Site Improvements TUCSON, AZ 85754 7861 & 7871 North Oracle Road — Oro Valley, Arizona 85704 ATTN: BRUCE WRIGHT Oro Valley Permit #C1100051 Parcel No. 225-50-0030 Sampled by: S.A.T.L. — Malcolm Vick Location: New Column Foundation Excavation — Base Compaction Sampling Date: 4/12/2012 —11:00 AM REPORT OF LABORATORY AND FIELD DENSITY TESTS Proctor No. 1 Native Soil (ASTM D 698 Method'C') Source: New North Side Column Foundation Excavation Base Soil Maximum Dry Density, pcf 119.7 Optimum Moisture, % 11.5 ASTM Test Method D 1556 Field Density No. 1 Percent Moisture Dry Density Percent Compaction New North side Column Foundation Excavation Base (West of the Entrance to O'Reilly Auto Parts) Located in the Existing Native Soil at 18" Below the Existing Sidewalk Grade (After Moistening & Tamping the Foundation Base) 9.90 122.59 102.4 Proctor No. 1 NOTE — The new column foundation excavation base compaction complies with the approved project plans structural notes by ASW Engineering, PLLC (Plan Sheet SO.1— Structural Note #7 — Footings to bear on firm undisturbed native soil compacted to 95% minimum in accordance to ASTM D 698). Respectfully submitted, Southern Arizona Testing Laboratory Page 1 of 2 W.K. Walker, P.E. SOUTHERN ARIZONA TESTING LABORATORY P.O. BOX 2508 TUCSON, AZ 85702-2508 Ph: (520) 623-3331- Fax: (520) 623-3214 satl.tucson@gmail.com April 19, 2012 For: ARCHERLAND, LLC P.O. BOX 86748 TUCSON, AZ 85754 Received: 4/12/2012 - AM Lab No. 25741 Submitted by: SATL/M.L.Vick Marked: Existing Native Soil - Sample #1 REPORT OF LABORATORY TESTS Project: Entrada Del Oro Shopping Center - O'Reilly Auto Site Improvements 7861 & 7871 North Oracle Road - Oro Valley, Arizona Oro Valley Permit #C1100051 Parcel No. 225-50-0030 Source: New North Side Column Foundation Excavation Base Soil Mechanical Analysis - ASTM D 2487 Standard Practice for Classification of Soils for Engineering Purposes ASTM Test Methods C136, D1140, D2216 & D4318 Sieve % Retained % Passing Size (IIndiv.) (CUmul.) 4" Liquid Limit % 3" Plastic Limit % 2 1/L" Plasticity Index Nonplastic % 2" Soil Classification (SW-SM) light brown well -graded sand with silt 1 1/2 " 0.0 100.0 1" 2.0 98.0 3/4' 1.0 97.0 Bitumen Content % 1/2" 1.6 95.4 Specific Gravity 3/8" 1.5 93.9 Moisture 9.00 % 1/a' 3.2 90.7 Absorption % #4 3.7 87.0 Weight/Cu. Ft. Rodded lbs., Loose #8 6.6 80.4 Fineness Modulus 10 3.1 77.3 Organic Impurities 16 10.7 66.6 30 18.0 48.6 Abrasion (L.A.) % wear 100 rev. % 40 9.5 39.1 % wear 500 rev. % 50 8.3 30.8 Soundness (Sodium Sulphate) 5 cycles 100 13.5 17.3 (Magnesium Sulphate) 5 cycles 200 7.3 10.0 Potential Reactivity -200 10.0 Respectfully submitted, Southern Arizona Testing Laboratory Page 2 of 2 M.L.Vick - Lab Manager CYPRESS CIVIL DEVELOPMENT _. ENGINEER OF RECORD VISIT REPORT Report p021 JDote 08/06/12 Work Complete95% cYPREssFleidnepresentotive Kevin Hall Project Name O'Reilly Auto Parking contractor Bruce Wright ItocationlJurisdiction Town of Oro Valle WEATHER CONDITIONS WINDY RUNNY OVERCAST RAIN HCLOUDY 0SNOW SLEET LIGHTNING 11HAIL TEMP.® fCheckoil thatapply.) KMH GROUND CONDITIONS ❑X DRYFROZEN SNOW MUD WATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: Continuation of the building work. Reber set for concrete paving. sting Witnessed: None. Discussions w/Contractor: None. ork Anticipated Within Next Week: Continuation of building work. Completion of paving work. us: — � - //Y. W/ EC sslgnature NOTE: The above report data Is for Informational purpose only. The above report is to prolvde observations of the work In progress print Form and is by no means a measure of the construction contract In auondry, auollty. MICE. or aerformonce. CYP'" RESS CIVIL DEVELOPMENT _ _ ENGINEER OF RECORD VISIT REPORT Report M 022 JDarte 08/12/12 134 work Complete 98% CYPRESS Field Representative Kevin Hall Project Name O'Reilly Auto Parking contractor Bruce Wright Location/Jurisdiction Town of Oro Valle WEATHER CONDITIONS []WINDY RCLOUDY OVERCAST BRAIN []SLEET LIGHTNING TEMP.©(Check all that apply) SUNNY SNOW HAIL KMH GROUND CONDITIONS rx�ORYFROZEN ❑SNOW MUD WATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: Continuation of the building work. Concrete paving has been completed. sting Witnessed: None. scussions w/Contractor: None. ork Anticipated Within Next Week: Continuation of building work. Striping of paved area and project completion. 7' ---% f' W L"J- 604ofsIgnoture NOTE. • The above report data is for Informational purpose only. The above report Is to proivde observations of the work In progress Print Form and is by no means a measure of the construction contract in auantIM auolity. price. or performance. C Y P-',,R-'E S S CIVIL DEVELOPMENT _ ENGINEER OF RECORD VISIT REPORT a 023 [Date 08121 /12 1 % work complete 98% Project Nome O'Reilly Auto Parking 1contractor Bruce Wright ILocationlJurisdiction Town of Oro Valle WEATHER CONDITIONS BSUNNY WINDY RXCLOUDY OVERCAST BRAIN BSLEET LIGHTNING TEMP. %6(Check all that apply.) SNOW HAIL KMH GROUND CONDITIONS BX DRY FROZEN SNOW BMUD WATER CYPR£SSlnitiol EOR'S COMMENTS Work Witnessed: Continuation of the building work. Landscaping has been completed. sting Witnessed: None. Discussions w/Contractor. Discussed ADA accessibility to the south of the building. Although not a part of the CYPRESS plans we offered opinion on what may need to be done at this location. ork Anticipated Within Next Week: Continuation of building work. Striping of paved area and project completion. r £OR a signature NOTE. The above report data is for informational purpose only. The above report is to prolvde observations of the workin progress print Form and is by no means a measure of the construction contract in quantity, quality, price, or performance. ENGINEER -OF -RECORD MONTHLY REPORT for MONTH OF JULY, 2012 O'REILLY AUTO PARTS STORE TYPE II GRADING PERMIT #G1200003 Oro Valley, Arizona 13 August 2012 OWNER/PROJECT ADMINISTRATION Wright-Pantano LLC 9121 East Tanque Verde Road Suite #10 Tucson, Arizona 85749 PREPARED BY CYPRESS CIVIL DEVELOPMENT 2102 north country club road #9 tucson, arizona 85716 520.991.5213 CYPRESS # 12.001 Project Summary The O'Reilly Auto Parts Store at Entrada del Oro project site is located approximately 800' south of the intersection of Oracle Road and Magee Road, on the west side of Oracle Road, at 7861, in Oro Valley, Arizona. Also known as Parcel #225-50-0030, the Parcel is located in the southeast % of the northwest % of Section 36, Township 12 South, Range 13 East, G&SRM. The project area occupies approximately 4,750 SF and is currently developed with a paved area that is part of the local retail center PAAL. The project area is just west of the Oracle Road right-of-way and just east of the existing retail center. The proposed project consists of the re -development of an existing paved driveway area with a new parking area and associated landscape and drainage improvements. Work Completed This Month Site construction work relative to the Type II Grading Permit commenced during the month of June while work regarding the building continued. Material Testing There was no materials testing conducted for the project during the month of June. Surveillance Reports On July 11 CYPRESS visited in the AM and performed surveillance. Work relative to the Type II Grading permit has commenced with surveying of the project area. It was anticipated that sawcutting would begin today (see Appendix A for Engineer -of -Record Daily Report). On July 15 CYPRESS visited in the AM and performed surveillance. Work relative to the Type II Grading Permit continued with the site demolition work underway (see Appendix A for Engineer -of -Record Daily Report). On July 25 CYPRESS visited in the AM and performed surveillance. The site demolition work has been completed and the grading work is underway. The north curbing is formed and being poured today (see Appendix Afar Engineer -of -Record Daily Report). On July 31 CYPRESS visited in the AM and performed surveillance. The curb work has been completed. The grading and paving is yet to be done (see Appendix for Engineer - of -Record Daily Report). Miscellaneous Issues There were no miscellaneous issues of note during the month of June. Progress Photos Building work Site being readied for grading/curbing work North area curbing formed and ready for pour J North area curbing South area curbing completed lit: '-- . - North area curbing completed Conclusion During the month of July the project continued and with a majority of the site work being completed. It is anticipated that the site work will be completed in July following grading and paving of the new parking area and striping placement to complete the project. ENGINEER -OF -RECORD MONTHLY REPORT for MONTH OF MARCH, 2012 O' R E I L LY AUTO PARTS STORE TYPE II GRADING PERMIT #G1200003 Oro Valley, Arizona 28 March 2012 OWNER/PROJECT ADMINISTRATION Wright-Pantano LLC 9121 East Tanque Verde Road Suite #10 Tucson, Arizona 85749 PREPARED BY CYPRESS CIVIL DEVELOPMENT 2102 north country club road #9 tucson, arizona 85716 520.991.5213 CYPRESS # 12.001 Project Summary The O'Reilly Auto Parts Store at Entrada del Oro project site is located approximately 800' south of the intersection of Oracle Road and Magee Road, on the west side of Oracle Road, at 7861, in Oro Valley, Arizona. Also known as Parcel #225-50-0030, the Parcel is located in the southeast % of the northwest % of Section 36, Township 12 South, Range 13 East, G&SRM. The project area occupies approximately 4,750 SF and is currently developed with a paved area that is part of the local retail center PAAL. The project area is just west of the Oracle Road right-of-way and just east of the existing retail center. The proposed project consists of the re -development of existing paved driveway area with a new parking area and associated landscape and drainage improvements. Work Completed This Month Site construction work relative to the Type II Grading Permit commenced during the month of March with some demolition of the existing asphalt occurring. All other work during the month focused on the re -development of the adjacent building. Material Testing There was no materials testing conducted for the project during the month of March. Surveillance Reports On February 23 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had commenced. Tucson Water forces were on site conducting the water line relocation for this project (see Appendix A for Engineer -of - Record Daily Report). On March 1 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had commenced. Tucson Water forces had completed the water line relocation for this project (see Appendix A for Engineer -of -Record Daily Report). On March 8 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had commenced (see Appendix A for Engineer -of -Record Daily Report). On March 16 CYPRESS visited in the AM and performed surveillance. The site demo work had commenced as did the demo work on the existing building (see Appendix A for Engineer -of -Record Daily Report). On March 23 CYPRESS visited in the AM and performed surveillance. Work primarily focused on the building. No further site work had taken place (see Appendix A for Engineer -of -Record Daily Report). On March 28 CYPRESS visited in the AM and performed surveillance. Work primarily focused on the building. No further site work had taken place (see Appendix A for Engineer -of -Record Daily Report). Miscellaneous Issues There were no miscellaneous issues of note during the month of March. Progress Photos Tucson Water line relocation work Site demo work Site demo work Building column work Continuation of building work F Conclusion During the month of March the project commenced with some of the site demolition work being completed. Work on the project also included work on the building. CYPRESS CIVIL DEVELOPMENT Nro��:�t��,�r^ors=frtl,p= ENGINEER OF RECORD VISIT REPORT a001 JDate 02/23/12 I% Work Complete 0% 1 CYPRESS Field Representative Kevin Hall Project Nome O'Reilly Auto Parking lContractor Bruce Wright Location/Jurisdiction Town of Oro Valle ER (CheckHallthatapply.JNS BX NDY B RAIN RSNOW EILIGHTNING TEMKMHP SUINNY OOVEUCYST HAIL GROUND CONDITIONS ❑X DRY FROZEN SNOW BMUD BWATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: Work on relocating water line has commenced by Tucson Water. No work on subject Grading Permit has commenced as of yet. sting Witnessed: None. w/Contractor: None. ork Anticipated Within Next Week: Continuation of water line relocation. Miscellaneous: EOR's signature NOTE: The above report data is for informational purpose only. The above report is to proivde observations of the work in progress Print 1 0rn1: and is by no means a measure of the construction contract in quantity, quality, price, or performance. CYPRESS CIVIL DEVELOPMENT ENGINEER OF RECORD VISIT REPORT Report # 002 Date 03/01/12 — TX Complete 0% CYPRESS Field Representative Kevin Hall Project Name O'Reilly Auto Parking Contractor Bruce Wright LocationIJurisdinron Town of Oro Valle WINDY BOVERCAST RAIN SLEET LIGHTNING TEMP.(Check WEATHER CONDITIONS USU all that apply.) NNY CLOUDY SNOW HAIL KMH GROUND CONDITIONS ❑X DRY FROZEN SNOW El MUD WATER CYPRE55Initial EOR'S COMMENTS Work Witnessed: Work on relocating water line has been completed by Tucson Water. No work on subject Grading Permit has commenced as of yet. Testing Witnessed: None. Discussions w/Contractor: None. Work Anticipated Within Next Week: Possible commencement of site work. Miscellaneous: EOR's signature NOTE: The above report data is for informational purpose only. The above report is to proivde observations of the work in progress and is by no means a measure of the construction contract in quantity, quality, price or performance. Print Forrn CYPRESS CIVIL DEVELOPMENT ENGINEER OF RECORD VISIT REPORT Report N003 Date 03/08/12 1 %Work Complete 0% CYPRESS Field Representative Kevin Hall Project Name O'Reilly Auto Parking Contractor Bruce Wright tocationIJurisdiction Town of Oro Valle WEATHER FJSU INNY NDY B RCAST RAIN HSNOW HHAILT LIGHTNING TEMKMHP kallthatapply.)NS OEUDY GROUND CONDITIONS EDRY FROZEN F-15NOW MUD ❑WATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: No work on subject Grading Permit has commenced as of yet. sting Witnessed: None. (Discussions w/Contractor: None. ork Anticipated Within Next Week: Possible commencement of site work. IMiscellaneous: EOR's signature NOTE. The above report data is for informational purpose only. The above report is to proivde observations of the work In progress Print Farm and is by no means a measure of the construction contract in quantity, quality, price, or performance. CYPRESS CIVIL DEVELOPMENT ENGINEER OF RECORD VISIT REPORT a004 jDate 03/16/12 196Work Complete 10% ICYPRESSField Representative Kevin Hall Project Name O'Reilly Auto Parking lContractor Bruce Wright iLocationIJurisdiction Town of Oro Valle WEATHER CONDITIONS BWINDY OCLOUDY OVERCAST BRAIN BSLEET LIGHTNING TEMP.(Check all thatapply.) X SUNNY SNOW HAIL KMH GROUND CONDITIONS �X DRY FROZEN SNOW MUD WATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: Site demo work has commenced with some asphalt removal and work on building demo had commenced as well. sting Witnessed: None. Discussions w/Contractor: None. ork Anticipated Within Next Week: Continuation of site work. Miscellaneous: (NOTE: The above report data is for informational purpose only. The above report is to prolvde observations of the work in progress P71nt Fprtn and is by no means a measure of the construction contract in quantity, quality, price, or performance. CYPRESS CIVIL DEVELOPMENT Aim- ENGINEER OF RECORD VISIT REPORT a 005 jDate 03/23/12 1% work complete 15% 1 CYPRESS Field Representative Jeff Hunt Project Name O'Reilly Auto Parking 1contractor Bruce Wright cocation/jurisdiction Town of Oro Valle WEATHER (Checkall that apply.JNS RUNNYI OCLOUDOEYST WNDYVRCAHSNOW BAILT RAIN SLEELIGHTNING KMH GROUND CONDITIONS BX DRY FROZEN SNOW MUD WATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: Demo of the site and commencement of the architectural columns as of this site visit sting Witnessed: None. scussions w/Contractor: None. ork Anticipated Within Next Week: continuation of columns and start of concrete curbing. laneous: EOR's signature NOTE: The above report data is for informational purpose only. The above report is to proivde observations of the work in progress "; Print, Form and is by no means a measure of the construction contract in quantity, quality, price, or performance. CYPRESS CIVIL DEVELOPMENT ENGINEER OF RECORD VISIT REPORT u006 joate 03/28/12 %Work Complete 15% 1 CYPRESS Field Representative Kevin Hall Project Name O'Reilly Auto Parking lContractor Bruce Wright itocationIJurisdiction Town of Oro Valle 1-1TEM.FO (Che kalllthatapply.)NS RXSuINNY ECLOUDYO WNDYVERCAST RSNOW 11HAILT RAIN SLEELIGHTNING KMHP GROUND CONDITIONS ElDRY FROZEN SNOW r—IMUD WATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: Partial demo of the site. Continuation of the building work sting Witnessed: None. Discussions w/Contractor: None. ork Anticipated Within Next Week: Continuation of building work. Possible more demo of existing improvements. k�,� Kk"- 'Y' 0 £OR's signature NOTE: The above report data is for Informational purpose only. The above report is to proivde observations of the work in progress - Print Form and is by no means o measure of the construction contract in quantity, quality, price, or performance. ENGINEER -OF -RECORD MONTHLY REPORT for MONTH OF APRIL, 2012 O'REILLY AUTO PARTS STORE TYPE II GRADING PERMIT #G1200003 Oro Valley, Arizona 21 May 2012 OWNER/PROJECT ADMINISTRATION Wright-Pantano LLC 9121 East Tanque Verde Road Suite #10 Tucson, Arizona 85749 PREPARED BY CYPRESS CIVIL DEVELOPMENT 2102 north country club road #9 tucson, arizona 85716 520.991.5213 CYPRESS # 12.001 Project Summary The O'Reilly Auto Parts Store at Entrada del Oro project site is located approximately 800' south of the intersection of Oracle Road and Magee Road, on the west side of Oracle Road, at 7861, in Oro Valley, Arizona. Also known as Parcel #225-50-0030, the Parcel is located in the southeast % of the northwest % of Section 36, Township 12 South, Range 13 East, G&SRM. The project area occupies approximately 4,750 SF and is currently developed with a paved area that is part of the local retail center PAAL. The project area is just west of the Oracle Road right-of-way and just east of the existing retail center. The proposed project consists of the re -development of existing paved driveway area with a new parking area and associated landscape and drainage improvements. Work Completed This Month Site construction work relative to the Type II Grading Permit was stagnant during the month of April with all work focused on the building. Material Testing There was no materials testing conducted for the project during the month of April. Surveillance Reports On April 4 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). On April 13 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). On April 18 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). Miscellaneous Issues There were no miscellaneous issues of note during the month of April. I I �I ti APR 4 2012 fill tt work 4s !AOPP• �s APR 13 2012 Building work Conclusion During the month of April the project continued but was limited to building work and nothing relative to the Type II Grading Permit portion. C Y PR E S S CIVIL DEVELOPMENT ENGINEER OF RECORD VISIT REPORT Report # 007 jDate 04/04/12 % work complete 20% CYPRESS Field Representative Kevin Hall Project Name O'Reilly Auto Parking Contractor Bruce Wright location/Jurisdiction Town of Oro Valle WEATHER CONDITIONS WINDY OVERCAST RCLOUDY AIN BNOW SLEET LIGHTNING TEMP.55 (Check all that apply.) USUNNY HAIL KMH GROUND CONDITIONS EX DRY BFR02EN SNOW BMUD WATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: Continuation of the building work. sting Witnessed: None. scussions w/Contractor: None. ork Anticipated Within Next Week: Continuation of building work. Possible more demo of existing improvements. EO signature NOTE: The above report data is for informationot purpose only. The above report is to proivde observations of the work in progress Print Form and is by no means a measure of the construction contract in quantity, quality, price, or performance. C Y Re- E S S CIVIL DEVELOPMENT >��_ . , =` + 1'4 14, l ENGINEER OF RECORD VISIT REPORT Report#008 Date 04/13/12 9Gwork complete25% CYPRESS neld Representative Kevin Hall Project Name O'Reilly Auto Parking Contractor Bruce Wright Location/Jurisdiction Town of Oro Valle RAIN SLEELIGHTNING VERCAST HSNOW WEAjCheckHolllthatapply NS WNDY RuIBCLOUDYORHAILT KMHP® NNY GROUND CONDITIONS �X DRY FROZEN SNOW BMUD WATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: Continuation of the building work. Testing Witnessed: None. Discussions w/Contractor: None. Work Anticipated Within Next Week: Continuation of building work. Miscellaneous: EOR's ' nature NOTE The above report data Is for informotionot purpose only. The above report is to proivde observations of the work In progress Print Form and is by no means a measure of the construction contract in quantity, quolity, price, or performance. ti C Y R�j\$~E S S CIVIL DEVELOPMENT �`�, I}9; .Ila- ENGINEER OF RECORD VISIT REPORT Report a 009 loote 04/18/12 1 % work Complete 35% CYPRESS Reld Representative Kevin Hall Project Name O'Reilly Auto Parking contractor Bruce Wright Location/Jurisdiction Town of Oro Valle WEATHER CONDITIONS RXWINDY BOVERCAST BRAIN BSLEET BUGHTNING TEMP.65(Check oil that apply.) SUNNY CLOUDY SNOW HAIL KMH GROUND CONDITIONS BX DRY BFR02EN SNOW BMUD WATER CYPRESSinitiol EOR'S COMMENTS Work Witnessed: Continuation of the building work. sting Witnessed: None. Discussions w/Contractor: None. ork Anticipated Within Next Week: Continuation of building work. Miscellaneous: EOR'ssTgnature NOTE: The above report data Is for informational purpose only. The above report is to proivde observations of the work in progress print Form and is by no means a measure of the construction contract in quantity, quality, price, or performance. ENGINEER -OF -RECORD MONTHLY REPORT for MONTH OF MAY, 2012 O'REILLY AUTO PARTS STORE TYPE II GRADING PERMIT #G1200003 Oro Valley, Arizona 18 June 2012 OWNER/PROJECT ADMINISTRATION Wright-Pantano LLC 9121 East Tanque Verde Road Suite #10 Tucson, Arizona 85749 PREPARED BY CYPRESS CIVIL DEVEELOPMENymT� 2102 north country club road #9 tucson, arizona 85716 520.991.5213 CYPRESS # 12.001 Project Summary The O'Reilly Auto Parts Store at Entrada del Oro project site is located approximately 800' south of the intersection of Oracle Road and Magee Road, on the west side of Oracle Road, at 7861, in Oro Valley, Arizona. Also known as Parcel #225-50-0030, the Parcel is located in the southeast % of the northwest % of Section 36, Township 12 South, Range 13 East, G&SRM. The project area occupies approximately 4,750 SF and is currently developed with a paved area that is part of the local retail center PAAL. The project area is just west of the Oracle Road right-of-way and just east of the existing retail center. The proposed project consists of the re -development of an existing paved driveway area with a new parking area and associated landscape and drainage improvements. Work Completed This Month Site construction work relative to the Type II Grading Permit was stagnant during the month of May with all work focused on the building. Material Testing There was no materials testing conducted for the project during the month of May. Surveillance Reports On May 3 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). On May 11 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). On May 23 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). Miscellaneous Issues There were no miscellaneous issues of note during the month of May. Progress Photos Building work Building work Building work Conclusion During the month of May the project continued but was limited to building work and nothing relative to the Type II Grading Permit portion. C Y PRE S S CIVIL DEVELOPMENT ENGINEER OF RECORD VISIT REPORT Report a 012 Date 05/23/12 %Work Complete 60% CYPRESS Field Representative Kevin Hall Projectivame O'Reilly Auto Parkin Contractor Bruce Wright ILocation1jurisdiction Town of Oro Valle WEATHER CONDITIONS RX WINDY BOVERCAST RAIN eSLEET LIGHTNING TEMP.(Check all that apply.) SUNNY CLOUDY SNOW HAIL KMH GROUND CONDITIONS EX DRY E]rROZEN SNOW MUD WATER CYPRESS Initial EOR'S COMMENTS Work Witnessed: Continuation of the building work. Testing Witnessed: None. Discussions w/Contractor: None. Work Anticipated Within Next Week: Continuation of building work. Miscellaneous: EOR's signature NOTE: The above report data Is for informational purpose only. The above report is to proivde observations of the work in progress ' Print FOr e71 and Is by no means a measure of the construction contract in quantity, quality, price, or performance. ENGINEER -OF -RECORD MONTHLY REPORT for MONTH OFJUNE,2012 O'REILLY AUTO PARTS STORE TYPE II GRADING PERMIT #G1200003 Oro Valley, Arizona 11 July 2012 OWNER/PROJECT ADMINISTRATION Wright-Pantano LLC 9121 East Tanque Verde Road Suite #10 Tucson, Arizona 85749 PREPARED BY C Y P-A+ S S CIVIL DEVELOPMENT a'gji1Q IU/ii a I..' :l,�E9Y.iiiiY�YiY�� 2102 north country club road #9 tucson, arizona 85716 520.991.5213 CYPRESS # 12.001 Project Summary The O'Reilly Auto Parts Store at Entrada del Oro project site is located approximately 800' south of the intersection of Oracle Road and Magee Road, on the west side of Oracle Road, at 7861, in Oro Valley, Arizona. Also known as Parcel #225-50-0030, the Parcel is located in the southeast % of the northwest % of Section 36, Township 12 South, Range 13 East, G&SRM. The project area occupies approximately 4,750 SF and is currently developed with a paved area that is part of the local retail center PAAL. The project area is just west of the Oracle Road right-of-way and just east of the existing retail center. The proposed project consists of the re -development of an existing paved driveway area with a new parking area and associated landscape and drainage improvements. Work Completed This Month Site construction work relative to the Type II Grading Permit was stagnant during the month of June with all work focused on the building. Material Testing There was no materials testing conducted for the project during the month of June. Surveillance Reports On June 6 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). On June 14 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). On June 21 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). On June 28 CYPRESS visited in the AM and performed surveillance. No work relative to the Type II Grading permit had continued (see Appendix A for Engineer -of -Record Daily Report). Miscellaneous Issues There were no miscellaneous issues of note during the month of June. Progress Photos Building work Building work lilt JUN 21 2012 Conclusion During the month of June the project continued but was limited to building work and nothing relative to the Type II Grading Permit portion. PRELIMINARY MEMORANDUM REPORT FOR THE USE OF STEWART TITLE & TRUST OF TUCSON 3939 E. BROADWAY, (520) 327-7373 • Fax (520) 795-9646 ORDER NO: 10008970 Search made to: December 03, 2010 at 7:59 a.m. Examiner: Annie McNair THIS IS A MEMORANDUM REPORT ONLY, NOT A TITLE INSURANCE POLICY. CONDITION OF TITLE The above named has examined for Stewart Title & Trust of Tucson, the title to the land described herein, the results of which are set forth in Schedule A and B hereof. This is a Condition of Title Report only. This report does not represent nor commit any type of title insurance. The liability incurred, if any, is limited to twice the amount of the fees paid for this report. (All recording data refer to records in the office of the County Recorder of the county in which the land is situated.) SCHEDULE A ORDER NO.: 10008970 1. The estate or interest in the land described in this report is: Fee as to Parcel I; Easement as to Parcel II 2. The estate or interest referred to herein is at the date hereof vested in: Wright-Pantano, LLC, an limited liability company 3. The land referred to in this report is situated in the State of Arizona, County of Pima, and is described as follows: See Exhibit A attached hereto and made a part hereof. ORDER NO.:10008970 Exhibit A Parcel I: All that portion of the Northwest Quarter of the Northwest Quarter of Section 36, Township 12 South, Range 13 East, Gila and Salt River Base and Meridian, Pinal County, Arizona, lying West of U.S. Highway 80-89, more particularly described as follows: Commencing at the Northwest corner of said Section 36; Thence North 89 degrees, 59 minutes, 29 seconds East along the North line thereof 270.66 feet; Thence South 00 degrees, 00 minutes, 47 seconds West and parallel with the West line of said Section 36, 795.97 feet; Thence North 89 degrees, 59 minutes, 54 seconds East 337.82 feet to the Southeast corner of a single story block building and the True Point of Beginning; Thence North 00 degrees, 00 minutes, 06 seconds West along the East line of said building 80.00 feet to the Northeast corner thereof; Thence North 89 degrees, 59 minutes, 54 seconds East 128.00 feet; Thence South 00 degrees, 00 minutes, 06 seconds East 112.00 feet; Thence South 89 degrees, 59 minutes, 54 seconds West 128.00 feet; Thence North 00 degrees, 00 minutes, 06 seconds West 32.00 feet to the True Point of Beginning. Parcel II: That certain easement granted in Section 3.4 of Declaration of Establishment of Covenants, Conditions and Restrictions and Grants of Easement dated September 12, 1979 and recorded September 14, 1979 in Docket 6113 at pages 1086 through 1107, in the Pima County Recorder's Office in Pima County, Arizona. SCHEDULE B ORDER NO.: 10008970 Subject to the usual printed conditions, stipulations and exceptions contained in the regular form of a policy, or by a rider attached thereto, and also subject to the following specific encumbrances, reservations and exceptions: 1. Any action by the County Assessor and/or Treasurer, altering the current or prior tax assessment, subsequent to the date of the Policy of Title Insurance. 2. Reservations or exceptions in Patents or in Acts authorizing the issuance thereof. 3. Water rights, claims or title to water, and agreements, covenants, conditions or rights incident thereto, whether or not shown by the public records. This exception is not limited by reason of the disclosure of any matter relating to Water Rights as may be set forth elsewhere in Schedule B. 4. Matters shown on survey recorded in Book 28 of Survey Maps, page 50. 5. Restrictions, Conditions, Covenants, Reservations, including but not limited to any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from the above, any restrictions based on race, color, religion, sex, handicap, familial status or national origin contained in instrument recorded in Docket 5999 at page 867. 6. Restrictions, Conditions, Covenants, Reservations, including but not limited to any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from the above, any restrictions based on race, color, religion, sex, handicap, familial status or national origin contained in instrument recorded in Docket 5999 at page 870. Restrictions, Conditions, Covenants, Reservations, including but not limited to any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from the above, any restrictions based on race, color, religion, sex, handicap, familial status or national origin contained in instrument recorded in Docket 6071 at page 1040. Restrictions, Conditions, Covenants, Reservations, including but not limited to any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from the above, any restrictions based on race, color, religion, sex, handicap, familial status or national origin contained in instrument recorded in Docket 6071 at page 1044. 9. Easement for electric transmission facilities and rights incident thereto, as set forth in instrument recorded in Docket 6115 at page 1015. 10. Easement to the City of Tucson and rights incident thereto, as set forth in instrument recorded in Docket 6145 at pages 980 and 983.. SCHEDULE B (CONTINUED) ORDER NO.: 10008970 11. Restrictions, Conditions, Covenants, Reservations, including but not limited to any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from the above, any restrictions based on race, color, religion, sex, handicap, familial status or national origin contained in instrument recorded in Docket 6113 at page 1086, amended in Docket 12958 at page 2181. 12. Restrictions, Conditions, Covenants, Reservations, including but not limited to any recitals creating easements, liabilities, obligations or party walls, omitting, if any, from the above, any restrictions based on race, color, religion, sex, handicap, familial status or national origin contained in instrument recorded in Docket 6205 at page 706, re -recorded in Docket 6510 at page 992. 13. Unrecorded lease under the terms and conditions contained therein made by Gilbert Goldstein and Alan A. Armour, Lessor and Yellow Front Stores, an Arizona Corporation, Lessee, dated September 1, 1983, for a term of 15, as disclosed by Memorandum of Lease, recorded September 2, 1983, in Docket 7109 at page 655. Said Lease contains renewal provisions Assignment of Lease and Agreement dated June 26, 1990 between Yellow Front Stores, Inc., an Arizona corporation, Assignor, and Northern Automotive Corporation, an Arizona corporation, formerly known as Checker Auto Parts, Inc., an Arizona corporation, Assignee, recorded November 8, 1990 in Docket 8912 at page 550. Assignment of Lessor's Interest in Lease dated November 29, 2003, Northern Automotive Corporation, an Arizona corporation, formerly known as Checker Auto Parts, Inc., an Arizona corporation, as Assignor, and Wright-Pantano, LLC, a limited liability company, Assignee, recorded April 2, 2003, in Docket 12020, Page 4162. TAX NOTE: Year : 1010 Parcel No.: 225-50-0030 Total Amount $13,349.98 First half: Paid Second half: $Paid SCHEDULE B (CONTINUED) ORDER NO.: 10008970 VESTING NOTE: Warranty Deed by and between Gilbert Goldstien, a married man, as his sole and separate property, as to an undivided i/2 interest and Lola F. Armour, a married woman, as her sole and separate property, as to an undivided '/z interest (Grantor) and Wright-Pantano, LLC, a limited liability company (Grantee), dated July 15, 2002, recorded December 2, 2002 in Docket 11937 at page 6145. Note: Said deed needs to re-record to show the domiciliary jurisdiction of the Grantee. THERE ARE NO FURTIIER MATTERS OF RECORD AS OF THE EFFECTIVE DATE OF THIS REPORT 1 2 3 4 5 6 7 A 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54, 55 When recorded etur to'� Guat, Rosenfel , D velbess ; Henderson Attn: Michael Bate 3300 Valley Ban Center 201 North Cent al Avenue Phoenix, Arizona 5073 MEMORANDUM OF LEASE MHB:lr 6/28/83 (1) THIS INDENTURE, nade and entered into September 1 , 1983, by and between GILBERT GOLDSTEIN and ALAN A. ARMOUR, both of Denver., Colorado, owners of the herein described premises, and hereinafter designated as "Landlord" and YELLOW FRONT STORES, an Arizona corporation, hereinafter designated as "Tenant", W I T N E S S E T 11 : Landlord has leased, demised and let unto Tenant, :and Tenant has leased and taken from Landlord, that certain real property situate .in the City of Tucson, County of Pima, State of Arizona, more particularly described in Exhibit A attached hereto and made a part hereof. The lease is made upon all the terms and condi- tions set forth in that certain lease of even date herewith between Landlord and Tenant relating to said property, all of which terms and conditions are made a part hereof. A copy of the lease is on file at the offices of Tenant located At 3443 North Central Avenue, 16th Floor, Phoenix, Arizona 85012. The term of the lease is fifteen (15) years commencing at 12:01 a.m. onnic+mhar 1. 198a The lease also grants to Tenant the option to extend the term thereof for two (2) consecutive terms of five (5) years each, upon notice from Tenant to Landlord as therein provided. IN WITNESS WHEREOF, upon the day and year first hereinabove written, the respective parties hereto have executed these preaents personally, or by officers or agents thereunto duly authorized. q�lQ0.1al- G ert G%off ste n C Alan A. A mour [Landlord) YELLOW FRONT STORES, an Arizona corporation 71991VII 6% Page 1 of 4 11r15l2010 1120 AM ;Mate of Colorado city and County of Denver The foregoing instrument was acknowledged before me this 24th day of August , 1983, by Gilbert Goldstein. In witness whereof, I hereunto set my hand and official seal. No ry Pu 1 i c 1234 , Denver, CD 80204 My commission expires: 17 February 1987 State of Colorado City and County of Denver The foregoing instrument was acknowledged before me this 24th day of __ August 1983, by Alan A. Armour. In witness whereof, official .raeal . ` ( A .. �� S tbiy ccu°ts4oi expires: 1' .ti'r. 17'',F iruaay 1967 State of Arizona County of Maricopa I hereunto set my nand and NoLlary Public 1234 ock, Denver, CD 80204 this The forego g instrument was acknowl d d efore me (� y r 1983 by� , the of Yellow Front Stores, an Arizona corpo at on, on behal of the corporation. In witness whereof, I hereunto set my hand and official seal. Notary Public My commission expires: ..'�,• p � J vYCOMMISS10f1 Expires Oct. 1. ly J Page 2 of 4 11I15/2010 11:20 AM Page 3 of 4 111151201011:20 AM Exhibit A All that portion of the Northwest quarter of the Northwest quarter of Section 36, Township 12 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying West of u.s. Highway 80-89, more particularly described as follows: Beginning at the Northwest corner of said Section 36; thence North 89059125" East along the North line thereof 270.66 feet; thence South 00°00'47" West and parallel with the West line of said Section 36 795.97 feet; thence North 89059154" East 337.82 feet to the Southeast corner of a single story block building and the TRUE POINT OF BEGINNING; thence North 00° 00106" West along the East line of said building 80.00 feet to the Northeast corner thereof; thence North 89*59154" East 128.00 feet; thence South 00'00'06" East 112.00 feet; thence South 89*59154" West 128.00 feet; thence North 00°00'06" West 32.00 feet to the True Point of Beginning, containing 14,336 square feet more or less. 99819 M s� INO[i[O CO�1(a /+LOTTED $tale d Rn:au (gt County d Pimi 1 Acreby certify That the Morn• mant was Mad ar racmJ as ra(uaat 01 _ Da Q 00 Page iJ Wltn.•u my hand and Ofrtdol $al day and yea above wman NICHA80 1. KENNEOY, County Brcordw L/ BY— Do" 7109W'W, Page 4 of 4 11/15/2010 11:20 AM NIKE BOYD, RECORDER PIMA COUNTY, ARIZINA CERTIFICATE OF RECOF DINS w NORTHERN RUTOP13TIVE CORP PO SOX 6C►30 PHOENIX AZ 95Cv5 NO. OF PAGES: 006 SEQUENCE: 9013659z' DOCKET: 08912 PA31E: 05W RECORDIf#3 TYPE: ASi3T LEASES BRANTORt VEt1_13W FR3NT STORES INC* GRANTEEc NORTHERN AUTOMOTIVE CORP* JEA DEPUTY RECORDER 11/04/90 0OZ53:00 6 PAGE: AT t 5.00 CONVERSION FEE 3.00 0 AFFIDAVIT AT 2..J0 EACH .00 t' CEP I ES AT L . CIO EACH .00 . :�tJ3TAEE= AT 1.00 EACH 1.00 v-FARCHES AT 10.00 EACH . ;o To—, AL 9.00 AMOUNT PPID f 9.00 2012 RD16 ANCUNT DLE $ .00 THE ABOVE SPACE FOR RECORDERS USE ONLY TO RE PECORDED AS PART OF DOCUMENT 00 NOT DETACH CERTWICA' FROM DOCUMENT 891 a ti 550 MAIL aae 111151201011:20 AM When recorded, return to: Northern AutrAnotive Corparatior P.O. BOX 600 Phoenix. AZ 85005 1 ~ ! OAT-E: June z6, 1990 PARTIES: YELLOW FRONT STORES, INC. an Arizona corporation, formerly known as Yellow Front Stores ("Yellow Front") NORTHERN AUT@OTIYE CORPORATION, an Arizona corporation, formerly known as Checker Auto Parts, Inc., an Arizona corporation (*Northern Automotive") RECITALS: Yellow Front is the tenant under that certain lease agreement mare particularly described on Exhibit A hereto (the "Lease''). The Lease demises certain real property and improvements thereon in Tucson, Pima County. Arizona, more particularly described on Exhibit 8 hereto (the "Premises"). The Lease is evidenced by a memorandum thereof recorded on September 2, 1983 in the official records of Pima County, in Book 7109. page 665. Northern Automotive is the subtenant of a portion of the Premises pursuant to a sublease, as amended, by and between Yellow Front. as Landlord and Northern Automotive as Tenant (the "Sublease"). "ellow Front desires to assign all its right, title and interest as tenant under the Lease to Northern Automotive. Northern Automotive desires to accept such assignment and to perforn all of the obiigations of the tenant under the Lease. Now, therefore, for mutual consideration the receipt of which is 1r_reby acknowledged, the parties agree as follows: AGREEW31TS 1. Assiorrxnt. Yellow Front 1wreby assigns, conveys, transfers and sets over onto Northern Automotive, "AS IS" and without representation or warranty whatsoever, all of the right, title, interest and estate of Yellow Front as tenant under the Lease. Such assignment shall be subfect and subordinate to ail of the terms and provisions of the Lease. The termination or cancellation of the Lease shall constitute a termination or cancellation of this assignment of Lease. miscagmt/71-90 � -1- 6/21/ ggt2 �SSi Page 2 of 6 1111512010 11:20 AM 2. Acceptance. Coc+aencing on the date hereof, Northern Automotive hereby accepts the foregoing assignment and agrees to perform each and all of the obligations of Yellew Front as tenant under tte Lease_ 3. Sublease. Yellow Front and Northern Automotive hereby agree that the .Sublease is terminated as of the date hereof, Yellow Front and Northern Automotive are released from liability cinder the Sublease, and neither Yellow Front nor Northern Automotive shaiT ha.e any further obligations pursuant to the Sublease_ 4. Binding Effect. This assignment shall Inure to Lire Nenerit of and shall be binding upon the parties hereto, their successors, transreezt- and assigns. In witness whereof, the parties hereto have executed this assignment on the date first above •ritten. YELLOW FRONT STORES, IKC., an Arizona corporation By Its BY Its NORTHERN AUTOMOTIVE CORPCRATION, an Arizona corporation By Its Sen r Vice President d;� 9y - -- It list n S tary miscagmt/71-1149 -2- 6/21/90 8912 ,552 Page 3 of 6 11/15/2010 11:20 AM STATE OF AR.IZONA ) ) ss. cOCNTY OF KARICOPA 11 On this 2lst day 3f June, 1990, personally appeared before me, Terry Walsh and Lori A. Bradley, to me known to ba 'he Senior Vice President and Assistant Secretary of NORTHERN AUTOMOTIVE CORPORATION, the corporation that executed the within and foregoing instrument, and acknowledged *ne said Instrument to be the free and vctuntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that they are au:.`orized to execute said instrument. IN LiTNESS WHEREOF, I have hereunto set my hand ,and affixed my official seal the day and year first above written. I/ OFFICIAL SELL Ae7Ei.M 9- KMe.orsr . "m,e - ti»K Fnnc pa: C"tkns in 1A.0 pe C601ty /t easirm Ec , U6r Si. I!i STATE OF Zi7tffi�'r OFF LDv,� � s s . Notary Public in anti( for Ahe State of Arizona, resitting in Na copa County. Ou this =" day of 1990, personally appeared before we. � and to me known to be the gZt- and of YELLOW FRONT STORES, INC_, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for 6--he uses and purposes therein mentioned and on oa:.n stated that they are authorized to execute said instrument. i*.iITNESS WHEREOF, I sqJ� the day and year first p!,.acr ZILIwa rsi scagmtM-1149 have hereunto set my hand and affixed my official above written. public in and for thq State of IiTi 4d�>', residing atc_S . -3- 89t2 553 6/21; 90 Page 4 of 6 1111512010 11:20 AM 11/1512010 11:20 AM c r Exhibit wBw All that portion of the Northwest quarter of the Northwest quarter of Section 36, Township 12 South, Range _3 East, Gila and Salt River Base and mericiian, Pima County, Arizona, :yiug West of U.S. Highway 80-09, =ore particula_ly described as Follows: Beginning at the Northwest cornea of said Sectioa 36; thence North e9'59'29w East along the North line the:eo= 270.66 feet; thence South 00'001470 Nest and parallel with the West Line of said Section 36 795.97 feet; thence North 890591540 Sast 337.82 feet to the Southeast corner of a single story bloc: building and the TRUE POINT OF BEGINNINC; thence North 000 00'06" West along the East line of said building 80-CO feet to the Northeast corner thereof; thence North 89,"59'54" East 128.00 feet; thence South 00000*06" East 112.00 feet; thence South 89w59'54" West 128.00 feet; thence North OCw00'06" West 32.00 feet to the True Point of Beginning, conta=ping 14,336 square feet more or less. 8912 11115a010 11:20 AM F. ANN RODRIGUEZ. RECORDER RECORDED BY: PSG DEPUTY RECORDER 9394 ES5 TFNTI WRIGHT PANTANO LLC 7739 B BROADWAY 417 TUCSON AZ-- 85710 r/�3'�. vrpvWvi*Y a�+i i Tucson, AZ 85710 DOCKET. 12020 .e PAGE: 4162 �+ NO. OF PAGES: 4 SEQUENCE: 20030631037 04/02/2003 �$r 0��: AS 16:22 MAIL AMOUNT PAID $ 10.00 NOTE: This Assignment should be kept with the Lease ASSIGNMENT OF LESSOR'S INTEREST IN LEASE FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to Wright-Pantana, LLC, a Limited Liability Company, all of Lessor's interest under that certain Lease Agreement dated June 26, 1990 executed by Yellow Front Stores, Inc, an Arizona Corporation, and thereafter lessee's interest under said Lease was assigned by assignment dated November g, 1990, in Docket 8912, at page 550 to Northern Automotive Corporation, an Arizona Corporation, formerly known as Checker Auto Parts, Inc., an Arizona corporation, Lessee, as set forth in said MEMORANDUM OF LEASE recorded September 2, 1983 in book 7109 , page 665 , of Official Records in the County Recorder's office of Pima County, Arizona, affecting the property legally described as follows: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: November 29, 2002 STATE OF CITY AND OUNTY OF DEN'E r This instrument was acknowledged before me this 2nd day of December ,2002 by Gilbert Goldstein Signature Gi r`tt (Goldstein Alan A. Armour (see attached for additional notary acknowledgement) Notary Public My Commission Expires: y 10 2 0. FNTA (Rev 6196) ASSIGNMENT OF DEED OF TRUST A 1 3 2 Page 1 of�4 11115/2010 11:20 AM When Recorded Mail To: Wright-Pantano LLC 7739 E. Broadway #417 Tucson, AZ 85710 row NOTE: This Assignment should be kept with the Lease ASSIGNMENT OF LESSOR'S INTEREST IN LEASE FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to Wright-Pantano, LLC, a Limited Liability Company, all of Lessor's interest under that certain Lease Agreement dated June 26, 1990 executed by Yellow Front Stores, Inc, an Arizona Corporation, and thereafter lessee's interest under said Lease was assigned by assignment dated November 9, 1990, in Docket 8912, at page 550 to Northern Automotive Corporation, an Arizona Corporation, formerly known as Checker Auto Parts, Inc., an Arizona corporation, Lessee, as set forth in said MEMORANDUM OF LEASE recorded September 2, 1983 in book 7109 , page 665 , of Official Records in the County Recorder's office of Pima County, Arizona, affecting the property legally described as follows: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: November 29, 2002 STATE OF COLORADO CITY AND OUNTY OF ❑ENVER Gilbert Goldstein This instrument was acknowledged before me this 2nd day of December _ _ ,2002 by Gilbert Goldstein Alan A. Armour t� Signature Gl-Ll Notary Public My Commission Expires: o p�Y A� > MAUPi11 FNTA (Rev 8/96) (see attached for additional notary acknowledgement) ASSIGNMENT OF OCED OF TRUST 1 2 �1 Page 2 of 4 11/1512010 11:20 AM State of Arizona) )SS. County of Pima ) This instrument was acknowledged before me this _d�q day of 4002 By, Alan A. Armour OF'FIGIAL SFAL 1 SAND RA M. LEVVISZ rr� HaJTAftYpUBLIC- ARIZOHA� � � �• y y PIMA COUNTY otary Public } A9g 20 200q. My commission will expirc: August 20, 2003 a Page 3 of 4 111151201011:20 AM Es -row Na' 10023580-SL- Ti11e Order No. 10023560 EXHIBIT ONE PARCEL 1 All that portion of the Northwest quarter of the Northwest quarter of Section 36 Township 12 South flange 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying west of U.S. Highway 80-89, more particularly described as follows: Beginning at the northwest corner of said Section 36; Thence North 89059'29" East along the north line thereof 270.66 feet; Thence South 00°00'47" West and parallel with the west line of said Section 36, 796.97 feet; Thence North 89059'54" East 337.82 feet to the southeast corner of a single story block building and the True Point of Beginning; Thence North 00"00'06" West along the east line of said building 80.00 feet to the northeast corner thereof; Thence North 89159'54" East 128.00 feet; Thence South 00°00'06" East 112.00 feet; Thence South 89°59'54" West 128.00 feet; Thence North 00000'06" West 32.00 feet to the True Point of Beginning. PARCEL 2 That certain easement granted in Section 3.4 of Declaration of Establishment of Covenants, Conditions and Restrictions and Grants of Easement dated September 12, 1979 and recorded September 14, 1970 in Docket 6113 at pages 1086 through 1107, Docket Records, Pima County, Arizona. i 2 r} 411 Page 4 of 4 11I1512010 11:20 AM = m I E A S T S I D E F. ANN RODRIGUEZ, RECORDER RECORDED BY: CKS DEPUTY RECORDER 8046 PE3 TLATI DEBORAH OSERAN 3915 E BROADWAY STE 301 TUCSON AZ 85711 DOCKET: 12958 y1�4 O O PAGE : NO. OF PAGES: SEQUENCE: 2181 5 20062470374 ARSTRT 12/26/2006 16:02 MAIL AMOUNT PAID $ 10.00 J When recorded return to: Deborah Oseran MENDELSOHN & OSERAN, PLC 3915 E. Broadway, Suite 301 Tucson, AZ 85711 AMENDMENT TO DECLARATION AND ESTABLISHMENT OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENT This Amendment to Declaration and Establishment of Covenants, Conditions and, Restrictions and Grants of Easement (the "Amendment") is entered into effective as of the day of December, 2006 (the `Effective Date") by and between Wright Pantano, LLC, an Arizona limited liability company ("Wright") and New Placita del Rio, L.L.C., an Arizona limited liability company and DEB Entrada, L.L.C., an Arizona limited liability company (collectively, "Owner"}. RECITALS The parties acknowledge that the following recitals are true and correct and constitute an integral part of this Amendment. A. Owner, by mesne conveyances, is the successor -in -interest to the "Owner" so designated in that certain Declaration and Establishment of Covenants, Conditions and Restrictions and Grants of Easement as recorded on September 14, 1979 in Book 6113 at page 1086 in the Pima County Recorder's Office, Arizona (the "Declaration') and Wright, by mesne conveyances, is the successor under such Declaration to "VDC." i B. The Declaration pertains to and encumbers certain real property situated in the 2 Town of Oro Valley, Arizona, commonly known as the Entrada de Oro Shopping Center (the 5 "Shopping Center'). The in -line space in the Shopping Center is owned by Owner (the "Owner's Building"). Wright is the owner of a pad within the Shopping Center identified in the 0 Declaration as the "VDC Parcel" improved with a building (defined in the Declaration as the 8 "VDC Building'. 1 C. The parties desire to amend the Declaration in certain respects as hereinafter more fully set forth. C:\Documents and Settings\I- MLocal Settings\Temporary Intemct Fi1es\0LKE\AmendDecECRs03.doc December 22, 2006 Page 1 0(5 NOW THEREFORE, in consideration of the mutual covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Pursuant to Section 2 of the Declaration, the VDC Building must be architecturally and aesthetically compatible with the other buildings in the Shopping Center. As of the Effective Date, Owner has completed a renovation of the Owner's Building. Wright agrees to modify the exterior of the VDC Building so that the color, materials and texture of such materials of the VDC Building are consistent with the renovation of the Owner's Building, taking into consideration the twenty-two foot (22') height limitation imposed by the Declaration on the VDC Building. Wright shall apply for all Permits (as defined in Paragraph 4 below) within ten (10) days after (a) execution of a lease for any portion of the VDC Building and (b) receipt of the Owner's approval in accordance with paragraph 4 below, and shall thereafter diligently pursue such Permits and work to completion. Additionally, at such time or any earlier time as Wright may elect, Wright may install, at its expense, a walkway along the east side of the VDC Building, of a width to match the sidewalk existing as of the Effective Date on the north side of the VDC Building, which shall be not wider than five feet (5') in order that the parking spaces on the east side of the VDC Building shall remain at least 20 feet (20') in depth so as to allow the continued use thereof for the purpose of parking cars therein, provided that Wright obtains at its sole cost and expense all Permits. Pursuant to Section 2.6 of the Declaration, the VDC Building, and all entrances thereto is to "front" or "face" Magee Road. Owner hereby consents to the modification of the VDC Building (at Wright's sole cost and expense and provided that Wright obtains all necessary Permits) in order that not more than five thousand (5,000) square feet of the VDC Building, occupied in accordance with and for uses permitted by the Declaration and all applicable governmental restrictions, requirements and zoning, could be oriented to, and with entrances facing, Oracle Road. One of such tenant premises not to exceed 1,300 gross rentable square feet may be utilized for a quick service format restaurant without table service and without a drive-thru, If the VDC Building is redemised to accommodate more than two (2) separate tenants as provided in paragraph 2 above, then in such case, and notwithstanding the provisions of Section 2.2 of the Declaration to the contrary, Owner shall approve an exterior sign for each such tenant, rather than two (2) exterior signs as permitted by the Declaration, on the VDC Building, provided that the overall size of such signs in the aggregate does not exceed that which would have been permitted by two (2) such signs and that such signs, 2 including the content, size and location, shall be in compliance with the Declaration and 9 all applicable laws and that Wright obtains, at its sole cost and expense, all necessary 5 Permits. The parties acknowledge that Owner's Building and the VDC Building each 8 shall be entitled to the signage permitted by applicable code and neither shall be entitled 0 to utilize or "borrow" against any signage to which the other party's building is entitled 8 per applicable code. 2 4. Wright shall submit to Owner plans prepared by a licensed engineer or architect, as applicable, at least thirty (30) days in advance of undertaking any work required or 2 CADocument5 and Setdngs\HCZ\Local SettingsUemporary Internet Fi1es\0LKE\AmendDecECRs03.doc December 22, 2006 Page 2 of 5 _.___ 11/151201011:13 AM permitted under this Amendment and, with respect to any building improvements, elevations, for Owner's prior review and approval, which approval shall not be unreasonably withheld. If Owner disapproves such plans, Owner shall set forth the reasons for its disapproval in written notice to Wright with reasonable specificity and Wright shall resubmit such plans to Owner for approval, which approval shall not be unreasonably withheld, at least fifteen (15) days prior to undertaking any such work. Any work undertaken pursuant hereto shall be accomplished in accordance with the approved plans and elevations, and all recorded documents, including without limitation, the Declaration, only after Wright has obtained, at its sole cost and expense, any approvals and consents as may be required under the Declaration and this Amendment and such governmental approvals, consents and permits required therefor (collectively, the 'Ten -nits"). 5. Except as expressly modified hereby, the Declarations remain in full force and effect and unmodified. Defined terms as used herein as signified by an initial capital letter shall have the same meaning as ascribed to such words in the Declaration, unless otherwise defined herein. IN WITNESS WHEREOF, this Amendment is executed by the parties as of the Effective Date indicated. WRIGHT: Wright Pantano, LLC, an Arizona 'mited liability corn -� By: Name: (A 6AC, �- Its; STATE OF ARIZONA ) )ss: County of F/M/4- The foregoing instrument was acknowledged before me this ZZ day of December, 2006, by i3rum W , as 11 pdVyc,e / of Wright Pantano, LLC, an Arizona limited Wability company, on behalf of said company. OFFICIAL 5EAL OBERTA L. HOLLAND Not Public OTMY PIJMJC - SLtte of Ariaorta i' PIMA COul1rY COM. F ec Oct. 21, P006 [SIGNATURES CONTINUE ON FOLLOWING PAGES] 3 CADocuments and SettingsU MLoca1 SettingsMmporary Internet Fi1es\0LKE\AmendDecECRs03-doc December 22, 2006 1 2 5 8 0 2 1 8 3 Page 3 of SIGNATURE PAGE TO AMENDMENT TO DECLARATION AND ESTABLISHMENT OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENT OWNER: STATE OF ARIZONA } )ss: County of Pima ) NEW PLACITA DEL RIO, L.L.C., a Delaware limited liability company By. Placita del Rio, LLC, an Arizona limited liability company, Member By: BP Entrada, L.L.C., an Arizona limited liability comp y, anager By: evin M. Kiernan, as Co -Trustee of the Kevin and Patricia Kiernan Revocable Trust u/a/d April 20, 1995, Member The foregoing instrument was acknowledged before me this eJ day of December, 2006, by Kevin M. Kiernan, as Co -Trustee of the Kevin and Patricia Kiernan Revocable Trust u/a/d April 20, 1995, Member of BP Entrada, L.L.C., an Arizona limited liability company, as Manager of Placita del Rio, LLC, an Arizona limited liability company, as Member of New Placita del Rio, L.L.C., a Delaware limited liability company, on behalf of said company. OFFIGAL SEAL JANET M. KAYE WTMY PUBLIC • DATE OF ABRMM [ S EAL J PIMA COUNTY rrCtm.UPIMa.2s,tee Notao Public [SIGNATURES CONTINUE ON FOLLOWING PAGE] 1 2 9 5 8 0 2 1 8 4 4 1:1a-e\BOURN'TorifolioSalelEnLradaDeOrdiEDOClosingDocs\KM Ksigs,doc December 13, 2006 Page 4 of 5 __ _ wit ointriaa� SIGNATURE PAGE TO AMENDMENT TO DECLARATION AND ESTABLISHMENT OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENT OWNER: DEB ENTRADA, L.L.C., an Arizona limited liability company By: BP Entrada, L.L.C., an Arizona limited liability cManager orn y, By: j/+-1 L Ke 'n M. Kiernan, as Co -Trustee of the Kevin and Patricia Kiernan Revocable Trust u/a/d April 20, 1995, Member STATE OF ARIZONA } }ss: County of Pima } The foregoing instrument was acknowledged before me tbisag_4_9 day of December, 2006, by Kevin M. Kiernan, as Co -Trustee of the Kevin and Patricia Kiernan Revocable Trust u/a/d April 20, 1995, Member of SP Entrada, L.L.C., an Arizona limited liability company, as Manager of DEB Entrada, L.L.C., an Arizona limited liability company, on behalf of said company. OFFICIAL SEAL (SEAL JANET M.KAYE NOTART NOW -STATE OF AROM PIMA COUNTY rice. Lrp�res do s. Pero dx� d e" I? -- Not y Public 5 f:'a-e1BOURNV PortfolioSaleTntmdaDeOroTDOClosingDoas KMKsigs.doc Dmember 13, 2006 1 2 9 5 8 0 2 1 8 5 Page 5 of 5 TAX SEARCH REPORT Printed: Monday, 15 November 2010 11:11 AM Order: 10008970 Area Code: 1059 Tax Rate: 12.577 Parcel Number: 225-50-00309 Docket Book: 11937 Recorded: 12/02/2002 Situs Address: 7861 N ORACLE RD Page: 6145 Owners Name: WRIGHT-PANTANO LLC Address: 9121 E TANQUE VERDE RD STE 105 PMB 139 Section: 36 Book: 0 TUCSON AZ Township: 12S Page: 0 85749 Range:13E Block: Lot: Legal: E128' W736.48' S112' N827.97' NW4 NW4 .33 AC SEC 36-12-13 2010 TAXES UPDATED THRU 10/15/2010 Value Ratio Land: $86,016.00 21% Improvement: $419,441.00 21% Full Cash Value Exemption Net Assessed Land & Impr: $505,457.00 $0.00 $106,146.00 Personal Prop: $0.00 $0.00 $0.00 Limited: $505,457.00 $0.00 2010 TOTAL TAX = $13, 349.98 FIRST HALF INTEREST SECOND HALF INTEREST $6,674.99 $89.00 $6,674.99 $0.00 NO LIABILITY BACK TAX INFORMATION UPDATED THRU 10/15/2010 ** NO DELINQUENT TAXES FOR THIS PARCEL ** UPDATED THRU DATES: ASSESSMENTS RESOLUTIONS CITY OF TUCSON: 10/01/2010 10/01/2010 ORO VALLEY: 10/01/2010 10/01/2010 PIMA COUNTY: 10/01/2010 10/01/2010 ** NO ASSESSMENTS ** **NO RESOLUTIONS ** ** NO SOLD ASSESSMENTS ** TOTAL DUE $13,438.98 Page 1 of1 — F. ANN RODRIGUEZ, RECORDER DOCKET: _ 11937 Y RECORDED BY: TAM ' PAGE: 6145 DEPUTY RECORDER NO. OF PAGES: 2 1963 R009 $ SEQUENCE: 20022311401 TFNTI 12/02/2002 ➢RIGHT PANTANA S der WTDEED 17.30 7739 8 HROADi4AY 417 AFFIDAVIT TU'CSON AZ 85710 MAIL AMOUNT PAID $ 12.00 -- Tucson, AZ 85710 scrow No. - WARRANTY DEED For the consideration of Ten and 001100 Dollars, and other valuable consideration, I or we, Gilbert Goldstein, a married man as his Sole and Separate Property, as to an undivided one-half interest and Iola F. Armour, a married woman dealing with her Sole and Separate Property, as to an undivided one-half interest the GRANTORS do hereby convey to Wright-Pantano, LLC, a Limited Liability Company the GRANTEES the following described real property situated in Pima County, Arizona: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF SUBJECT TO: Current taxes, assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions and restrictions as may appear of record. And the Grantor(s) do(es) warrant the title against all persons whomsoever, subjectto the matters above set forth. DATED: July 15, 2002 STATE OF COLORADO COUNTY OF _ UgrlVlr—r This instrument was acknowledged before me this fq day of Ly _ ,2002 by Gilbert Goldstein Signature I Not iry P blio My Commission Expires: 'tom filbert Goldstein Iola F Armour STATE OF (206rO� COUNTY OF AMY J. This instrument was acknowledged before me this MALIPIN 104- day of 37,Lw 2002 by Iola F. Armour,,• "• / 4 00 COS -OAP Signature Avw' j" ��Al of ry Public My Commission Expires Nov 5, 2002 My commissio Jr—ee L O FNTA (Rev 6/96) WARRANTY DEED a: •' •:fir Z • AMY J. =� MALIPIN fit` pfi CUQ� My (.arnmissian Expires Nov. 5, �� Page 1 of 2 111151201011: AM Escrow No. 10023580-SL- Tide Order No. 10023580 EXHIBIT ONE PARCEL 1 All that portion of the Northwest quarter of the Northwest quarter of Section 36 Township 12 South Range 13 East, Gila and Salt River Base and Meridianr Pima County, Arizona, lying west of U.S. Highway 80-89, more particularly described as follows, Beginning at the northwest corner of said Section 36; Thence North 89059'29" East along the north line thereof 270.66 feet; Thence South 00°00'47" West and parallel with the west fine of said Section 36, 795.97 feet; Thence North 89e59'54" East 337.82 feet to the southeast corner of a single story block building and the True Point of Beginning; Thence North 001000'06' West along the east line of said building 80.00 feet to the northeast corner thereof; Thence North 89059'54" East 128.00 feet; Thence South 00100'06" East 112.00 feet; Thence South 89059'54" West 126.00 feet; Thence North 00000'06" West 32.00 feet to the True Point of Beginning. PARCEL 2 That certain easement granted in Section 3.4 of Declaration of Establishment of Covenants, Conditions and Restrictions and Grants of Easement dated September 12, 1979 and recorded September 14, 1979 in Docket 6113 at pages 1086 through 1107, Docket Records, Pima County, Arizona. 1 i 3 7 t 4 iu Page 2 of 2 11115120101121 AM i� V 109648 kYf V �t �oPUiD Ae7'URA/ TO . ----- SMb[r�r) - - 0.. 0X o�S///� �{/� Counly of RMi { :. ��t/f'• �6/ 1 JIk-A4/c OII' � s-o C fM1 - -.A....w.1:N` tied Im •�< � .'t•s[ f� 0/R VQ 09xc—, y 11-1"rl'.ISI tnertt was C3U A ofTITLL S CUii 9U / � c•,C.' // two. sae_JOF-. - // o 7 t. • , - carol fad 81Ce .r &4 . ! / — 7 L v d. - , + ,rr.hcve wsiltan 'rod Ilt.• ,6. SMYTH GOWM Recardq.., 72--- DECLARATION Of ESTABLISHMENT OF COVENANTS, a.o6t CONDITIONS AND R'STRI TIOR,T AND GRANTS OF EASEMENT. THIS DECLARATION AND GRANT, hereinafter referred to as "Declaration", .is made and entered into this day of 1979, by and between IMA COMMERCIAL PROPERTIES, a CalifornI corporation, and TUCSON ORO ENTRADA PARTNERSHIP, a California Limited Partner- ship, and ARTHUR and EILEEN THOMAS, Husband and Wife, as Joint Tenants,.all hereinafter collectively referred to a3 "Owner", and VALLEY DISTRIBUTING COMPANY, a Delaware corpor- ation or NOMINEE, hereinafter referred to as "VDC". W I T N E S S E T H z WHEREAS, the parties hereto are, or prior to the recording of this Declaration, will be the owners of that certain real property located in the City of Tucson, County of Pima, State of Arizona, more particularly described in Exhibit "C" attached hereto and by.this reference made a part hereof, which property is hereinafter called the "Shopping Center" and which property is delineated on Exhibit "B" attached hereto and by this reference made a part hereof; and WHEREAS, the Shopping Center is comprised of the "Shopping Center Parcel" (Exhibit "C") and the "VDC parcel" located within the boundaries of the Shopping Center parcel. more particularly described in Exhibit "D", both of which are more particularly delineated on Exhibit "B"; and wHEREAS,.OwNER is ;he Owner in Fee of that portion of the Shopping center designate.; as the "Shopping Center Parcel", and WHEREAS, VDC is, or prior to tile_ recording Of this Declaration, will be, the Owner in pee of that portion of the -Shopping Center which is designated as the "VDC parcel."; and WHEREAS, the part£t_<. ^c des.ire to Sub ject rack rIrtd every portion oi.the Shoppin9 Cnnfer and the "VDC parcel" t:o the covenants, conditions and restrictions hereinafter set forth and to establish the appurtenant easements hereafter described.pursuant to a general plan .of improvement of the Shopping Center, as a shopping center, and for the mutual benefit of owners of any and all portions t•zareof and their respective heirs, successors, assigns, grantees, mortgagees, tenants and subtenants. NOW THEREFORE, the parties oereto do hereby establish the covenants, conditions and restrictions hereafter set forth and grant the easements hereafter described. Section 1. Use and General and Restricticns. 1.1 T'he Shopping Center shall be used only for uses of the 'cane normally found -in shopping centers in the State of Arizona for the construction, operation and maint- enanceof mercantile, retail, business, office and professional establishments and related facilities, including vehicular parking areas, all as more specifically described hereinafter. 1.2 For the purpose of this Declaration, the Shopping Center_is divided into two categories which relate to use, both of which are indicated on -Exhibit hereto and.by this reference made a"8" attached part hereof and are hereafter referred to respectively as "Building Area" and "Common Area,. 1.3. In the event of violation of the restrictions contained in this Section, the parties,'In addition to any, other relief, shall be untitled to injunctive relief. 2