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EY q�i/Z C, u t FEB 11 2008 �o�N°�19�� TOWN OF ORO VALLEY, PLANNING AND ZONING :! 11000 N. LA CANADA DRIVE - ORO VALLEY AZ 85737 L PHONE: (520) 229-4800 FAX: (520) 742-1022 www.townoforovalley.com APPLICATION FORM Oil Case # (Office Use Only): Application Type:�ei A. Project anager/©eveloper Name: Firm: 'ad Address: -e P-9 City:dt.) l%a Ileu State: W-z— Zip: 3 Telephone: ) V9. 3 Fax:_297 -Email; S. Property Owner (s) if more than one owner, attach list Dame:_ K 'o V e 1 Firm: Address: �oX City: �j2_11 StatenTelephone:—'740U Fax: 570 Ag/-73.3! � Zip:— Email: C. Subject Property Parcel/Tax Code: Z IF( - 25'(� 3 Legal Description/Property Address: Lam{- 4 yn<x6as, d, e-1 Q c Area of property: -2.� 6Lc,re� Existing Zoning: G-Z Proposed Zoning: Is Proposed Zoning in conformance with General Plan designation? [ ] NIA [des [ ] No General Plan Designation: Existing Land Use: Proposed Land Use: D. Previous Applications Relating To This Property OV8_ OVg- OV10- OV11- OV12- OV13- E, Reason For Request c i>1 �r ° .I(� z This application is true and correct to the best of my Knowledge. I am the owner of the above described property or have been authorized by the owner to make this application. Date Signa re- FAAdmin HTORMS1Shannon Project Subdivision Development HandoutUtpplication General.doc ORO VALLEY HOSPITALITY L.L.C. P.O. Box 4163 - Rio Rico - Arizona - 85648 - Phone: February 8, 2008 Mr. David Ronquillo Senior Planner Town of Oro Valley Dear Mr. Ronquillo, DL2 i 7b00 Fax 520-281-7"6DA L Town of Oro Val"ey We are requesting an alternative compliance ratio for the parking associated with our proposed hotel development on Lot 4 of Mercado del Rio. The members of Oro Valley Hospitality L.L.C. have developed, and currently own and operate eight hotels in southern Arizona and others outside of the United States. We currently have others under development in Arizona and can speak from experience that we do not require all the spaces prescribed by the Town's code. The current code requires one space per room and one for each employee. It is only during the evening/overnight hours that the parking is an issue since daytime use is very light. We will have 92 rooms and one evening employee, thus the code would require 93 spaces. Our development plan contains 84 spaces or 90% of the required spaces by code. The approved master development plan and CC&R's for Mercado del Rio allow for a cross parking of 20% for each development. With most of the other uses in Mercado del Rio being daytime only, many more than 20% will be available on a nightly basis. We believe that the cross parking allowed will easily meet the code requirements for an additional 9 spaces. In addition, to further support our request, please consider that the industry standard for occupancy is 80%, or in our case 74 rooms, with an additional space for our employee, we believe 75 spaces would be adequate for this project although we are providing 84 spaces. It is rare that all rooms are available for occupancy at any given time because of repairs, cleaning, or refitting that is continually part of our ongoing process to keep our rooms updated and in first class service condition, meeting with both our internal standards and those of Marriott International. Our experience has taught us this is a very accurate estimate of our true needs for parking. When all rooms are occupied (a very rare occurrence), we find that often multiple rooms are reserved by a party using a single vehicle. We are confident that the parking shown on our plan is more than sufficient to meet the needs of our Marriott SpringHill Suites Hotel. Thanks for your consideration of this request. for KEK Trust, Authorized Member NOTICE In addition to the Town of Oro Valley (the "Town"), there may be other jurisdictions affecting development of this property. If a property developer waits until late in the development process to contact other pertinent governmental agencies or bodies, additional expense and time in coordination, redesign and development may be a result. Examples of other governmental agencies and/or bodies that may have overlapping jurisdiction over this property include but are not limited to the following: Federal: ♦ The United States Department of the Interior, Fish and Wildlife Service is responsible for Endangered Species Act compliance, etc. Please note, habitat has been designated within the Town. U.S. Fish and Wildlife Field Divisions 2321 West Royal Palm Road, Suite 103�i" Phoenix, Arizona 850214951 Phone (602) 640-2720 Fax (602) 620-2730 +� lid FER 1 ♦ The United States Corps of Engineers: This agency is responsible for management of jurisdictional -waters,_ etc. Section 404 consultations may be required on properties that contain washes. - U.S. Army Corps of Engineers 5205 E. Comanche Davis Monthan AFB Tucson, AZ 85707 Phone (520) 584-4486 Fax (520) 584-4497 State: ♦ Arizona Department of Environmental Quality directly for further information. This agency has multiple responsibilities. Please contact ADEQ 1110 W. Washington Street Phoenix, AZ 85007 (602) 771-2300 County: ♦ Pima County Department of Environmental Quality: This agency has multiple responsibilities. Please contact directly for further information. PDEQ 201 N. Stone Avenue, 2nd Floor Tucson, AZ 85701 (520) 740-6520 Please be advised, issuance of a permit DOES NOT, nor should it be construed, to imply compliance with Federal, State or County regulations. If you have any questions concerning your responsibilities under federal law, please contact the applicable agency. APPLICANT NAME: C4��[a (.4,t 1 &a CONTACT PHONE AND ADDRESS: U 1 SITE LOCATION: kl e- e" U C e id PROPOSED USE: ftiY .-IL 11 a/1 /ex Ap cpl ant Signature Date Case/File Number PLAZA \ 6 SITE PLAN - SCALE, V = 20'-0" \ HYDRANTO NORTH 201io REVISIONS MARRIOTT SMIN5HILL %ITE5 AT THE MERGADO DEL`RIO ORO VALLEY, AZ sm PLAN 2.0 flrojmt No. 6026 Os wt OI B N ,A 11 0 H I T E C T$ 2102 It COUNTRY CLUB RA B9 TUCMN, AZ SWIS awo 629-9M FAX = 798-3M O JP�LEY Ay/ > OVNDED �g� REQUES PROJECT DESCRIPTION: Planning and Zoning Division 11000 N. La Canada Drive, Oro Valley AZ 85737 Phone: (520) 229-4800 Fax: (520) 742-1022 Web Site Address: www.townoforovalley.com T FOR PREAPPLICATION CONFE LOCATION: iS� (%`.�lay I TYPE OF REQUEST: APPLICANT NAME/FIRM: ADDRESS: TELEPHONE NO PROPERTY OW SIGNATURE: 430 FAX N0.:227 _EMAIL: rD r DATE: /k/ % O(, PREAPPLICATION CONFERENCE DATE REQUESTED: )�—/—d � (Office use only) ❑ SUBMITTALS MUST BE RECEIVED BY THE PLANNING DEPARTMENT AT LEAST TEN (10) WORKING DAYS IN ADVANCE OF THE DESIRED PREAPPLICATION CONFERENCE DATE. ❑ SUBMITTAL REQUIREMENTS "ALL PLANS MUST BE FOLDED PER -PIMA COUNTY FOLD." o TWENTY (20) COPIES (24X36) OF THE PROJECT CONCEPT PLAN, WITH LOCATION MAP. August 10, 2006 Bayer Vella Senior Planner Town of Oro Valley Hand Delivered Dear Bayer, This is the site plan on Lot 4 we would like to submit for DRC consideration. An application for Lots 6-10 has already been submitted. Would it be possible to be on the same agenda? However, we don't want to hold up the other lots for Lot 4. Thank you, Bayer. We appreciate your help and guidance. Sincerely, I_i�_ Paula Donley Copy: David Ronquillo AU6 .1 's gj0b 1980 East Palisades Road, Oro Valley, Arizona 85737 Phone: (520) 742-4303 • Fax: (520) 797-2541 • E-mail: Donleycommercial@aol.com b 6 AUG 10 2006 ra O vr4Ae 1 Ili= 4a` 11'7 /Pi4 Pry! /V4,qRVOTT FAtARt-1-2 1/4/-J e sUff;5,V AT O O O G Kin HIJRTOO 1 A R C H I T E C T S 2102 W. Country Club Road. #9 Tucson, Arizona 85716 (520) 629-9752, Fax (520) 798-3341 • MARK(a-r rAIAMAV tfi+i + lUlTll It-7 14. ZP� OP ft F mw%.. t, s • PUc�o, 41441000101M��..... Rug 02 06 11:38a Kit nley 520-- -2541 P•2 JP�LEY aRil O�O p2� AUG 0 OVMOED Ag1 Planning and Zoning Division 11000 N. La Canada Drive, Oro Valley AZ 85737 Phone: (520) 229-4800 Fax: (520) 742-1022 Web Site Address: www.lownoforavalley.eom REQUEST FOR PREAPPLICATION CONFERENCE PROJECT DESCRIPTION: LOCATIO ���r=�-� ►��� ��IILltt�. i./I�l�j•J�///'Sr�I�:�i%�ni��rl/il�ii�: �� � I • • /. /III 11 I UM . R[I> = 9Z APPLICANT NAME/FIRM: ADDRESS: TELEPHONE NO.: PROPERTY OWNER: SIGNATURE: AX NO.: r27 •q? l-I EMAIL: QYd 14G4 I�YI521' 11� .0 '1 PREAPPLICATION CONFERENCE DATE REQU S ' r CI - D: Pp-1-cG (Office use only) o SUBMITTALS MUST BE RECEIVED BY THE PLANNING DEPARTMENT AT LEAST TEN (10) WORKING DAYS IN ADVANCE OF THE DESIRED PREAPPLICATION CONFERENCE DATE. o SUBMITTAL REQUIREMENTS "ALL PLANS MUST BE FOLDED PER PIMA COUNTY FOLD." o TWENTY (20) COPIES (24X36) OF THE PROJECT CONCEPT PLAN, WITH LOCATION MAP. 03/03/2008 12:04 5201QF70 PIMA COUNTY (JJRESSG PAGE 01/01 201 N. STONE AV., 1ST FL TUCSON, AZ 85701-1207 "Y MARKS ADDRESSING OFFICIAL PH: 740-6480 FAX #: 740.6370 TO: TOWN OF ORO VALLEY PLANNING RT .ENT PROIVZ; -Y-DM R S, ADDRESSING OFFIC SUBJECT• .,6VI206-21 Z,ARR.IOTT SPRJNGEII U E RCADO DES. RIO LOT /DEVELOPMENT PLAN DATE: March 3, 2008 The above referenced project has been reviewed by this Division for all matters pertaining to street naming/addressing, and we hereby approve this project. NOTE: I. Submit a 24 x 36 Reverse Reading Double Matte Photo War of approved Development Plan to the Town of Oro Valley Planning Department. ***PLVIA COUNTY ADDRESSING MUST RECEIVE THE SIGNED AND DATED MYLAR PRIOR TO THE ASSIGNWNT OF ANY ADDRESSES. PLEASE COORDINATE THE DELIVERY OF THE MYLAR WITH THE TOWN OF ORO VALLEY PLANNING DEPARTMENT.*** 2. All addresses will need to be displayed per Pima County Address Standards at the time of final inspection. Jg No Tucson sectric Pouter Company 4350 E. Irvington Road, Tucson, AZ 85714 Post Office Box 711, Tucson, AZ 85702 WR#193968 March 7, 2008 Donley Commercial. Attn: Paula Donley 1980 E Pakisades Rd Tucson, Arizona 85737 Dear Ms. Donley: SUBJECT: Marriott Springhill Suites Mercado del Rio Lot 4 OV1206-21 Tucson Electric Power Company (TEP) has reviewed the plan submitted February 13, 2008. TEP is unable to approve the plan at this time. There are existing electrical facilities within the boundaries of this project. In order for TEP to approve the plan the facilities and easements must be depicted on the plans. Legend and graphics do not correspond. Possible conflict with existing 3 Phs. Underground primary, it appears the line will be running under building. TEP would like to see the line/or existing easement identified on the development plan to verify. Enclosed is a copy of a TEP facility map showing the approximate location of the existing facilities. All costs associated with the relocation of the facilities in conflict will be billable to the developer. Please resubmit two revised bluelines to Town of Oro Valley for TEP's review. You may contact the area Designer, Lisa Romero, at 918-8707 should you have any questions. Sincerely, Elizabeth Miranda Office Specialist Im Enclosure cc: S. Gay, Oro Valley L. Romero, Tucson Electric Power TOWN OF ORO VALLEY PLANNING AND ZONING DEPARTMENT 11000 N. La Canada Drive, Oro Valley, AZ 85737 (520) 229-4800 Fax (520) 742-1022 March 4, 2008 Kit and Paul Donley Donley Commercial 1980 E. Palisades Road Oro Valley, AZ 85737 Fax: 797-2541 Re: OV12-06-21, Development plan and landscape plan for Marriott Springhill Suites to be located on lot 4 of Mercado Del Rio commercial subdivision, Parcel 224- 28-2560. Dear Kit and Paula: The Town of Oro Valley staff has reviewed the plans for the proposed hotel within Mercado Del Rio. Based on your submittal of February 11, the project has been certified as complete. A development review committee meeting will be scheduled on Friday March 14 to discuss all staff and agency comments. We look forward to working with you on this project. Please let me know at 520-229- 4817 if you have any questions. Sincerely, David Ronquillo Senior Planner cc: Shirley Gay Kory Engineering, 520-287-3411 www.townoforovalley.com ow—MUNITED SRITES POSTAL SERVICE Tucson AZ 85726-9998 February 14, 2008 Shirley Gay Development Coordinator Town of Oro Valley Planning & Zoning Division 11000 N La Canada Drive Oro Valley AZ 85737-7016 D c UV/ �i Town of .)ro 'r alley SUBJECT: Construction Projects and Recommendations for Delivery of Mail RE: OV 1206-21 Parcel #224282560 Marriott Springhill Suites Mercado Del Rio Lot 4 Please contact the Postal Service before purchasing or installing mail receptacles. The Postal Service is not responsible for costs incurred to move or replace mail receptacles installed prior to obtaining proper authorization. Mail receptacles must be located on the delivery line of travel established by the Postal Service. To obtain approvals necessary to initiate mail delivery, please contact the USPS at least 90 days prior to the first move in. Your Postal Service contact for this project is: Station Manager: ORO VALLEY BRANCH Phone Number: 520.229.0320 &tions Robert A. SCustomer rdinator RAS:mdr cc: Station Manager: 85737 w/encl: "Project Checklist" $*R SOUTHWEST GAS [ORPORfIT1011 February 19, 2008 ^ytl-('y� f� r 0 I: i 4 4c t� FI Town of Oro Valley Planning & Zoning Department 11000 N.La Canada Dr. Oro Valley, Arizona 85737 OV1206-21 MARRIOTT SPRINGHILL SUITES MERCADO DEL RIO LOT 4 Southwest Gas Corporation has no objection to the platting of the above mentioned project. However, existing natural gas facilities are located in adjacent right-of-way which may be affected by construction of this project. Blue Stake should be notified 48 hours prior to construction. Further information regarding natural gas facilities on or near this project may be acquired by contacting me at 794-6049. e —1 -,7,,C4 RICK BARON/ENGINEERING TECHNICIAN 3401 East Gas Road / Tucson, Arizona 85714-1994 P.O. Box 26500 / Tucson, Arizona 85726-6500 / (520) 889-1888 / 1-800-428-7324 www.swgas.com TM Group Inc. May 9, 2007 Engineering • Planning Surveying • Urban Design Landscape Architecture Sarah S. More, FAICP MAY 1 1 2007 Planning & Zoning Director Town of Oro Valley 11000 North La Canada Drive Oro Valley, Arizona 85737 Subject: Vistoso Resort & Spa Alternative Parking Analysis— Preliminary Review WLB No. 185050-F-H02 Dear Ms. More: Per our conversation on May 1st, I have enclosed a copy of our draft alternative parking analysis request for your informal review and comment. I have also enclosed a copy of the current site plan. Please review and let me know if you have any additional questions, comments or concerns about this request. I appreciate your offer to provide this informal review at this time so that we can identify any concerns promptly before expending additional effort on site and building plan generation. As we discussed, my goal is to polish this analysis now so that when we submit the development plan / preliminary plat it is already acceptable to staff and hopefully DRB. I thank you for your attention to this matter, and I look forward to continuing this dialogue. Sincerely, THE WLB GROUP, INC. ustav Pau Oland Project Manager & GIS Administrator Copy. Frank Thomson, Frank Thomson & Assoc. Eric Fletcher, SBBL Bill Walker, WLB Group Steve Oliverio, WLB Group rl!CY.P:,�. J`VGTO�D P��. & P. AP.t, 7_..: P, RE _ - Engineering • Planning • Surveying • Urban Design • Landscape Architecture Offices located in Tucson, Phoenix, Las Vegas • E-mail: tucson@wlbgroup.com 4444 East Broadway • Tucson, Arizona 85711 • (520) 881-7480 • FAX (520) 881-7492 r T�eB �roup MEMORANDUM To: File From: Paul Oland Date: 2007.05.08 Subject: Vistoso Resort & Spa Alternative Parking Analysis The Vistoso Resort & Spa is proposed as a luxury condo -hotel resort development featuring 184 suites, a restaurant, meeting rooms, spa and a banquet hall. A condo -hotel is a development concept that has functioned well in the hospitality industry as an alternative to more traditional time-share condominiums. In this format, individual units are offered for fee ownership, which includes membership in a master HOA. That HOA is in turn responsible for maintenance and operation of the main resort facility and associated commons. Although this ownership structure is tried and true, it does require consideration in order to provide a suitable parking allotment per Town Code while limiting the extensiveness of the project's parking fields. The project developer, Fairfield, is partnering with an international resort group to develop and manage the project. Although the specific branding of the resort is yet to be determined, all companies being considered as potential partners in this development have developed many high -quality, very successful resorts throughout the world, and are thus extremely familiar with the particular requirements and dynamics needed to create a functional and attractive condo -hotel facility. In order for this design consideration to function, a reduction in the total number of parking spaces provided on -site is being requested. For the purposes of this alternative parking analysis, it is important to understand that each of the 184 suites will feature a 'lock -out' door that allows the unit to be split into two separate rooms if dictated by occupancy rates and room type preferences of guests. Thus, a total of 368 individual units will be considered in this analysis. The following are responses to the specific review criteria set forth in OVZCR Section 27.7.C.2 regarding alternative parking compliance. A summary table is provided at the end of this memo. The number of employees occupying the building or land use and the number of expected customers or clients. . The resort facility, including restaurant and banquet hall is expected to require approximately 150 employees. This number may fluctuate between peak season and off-season, but will function for the purposes of this parking analysis. Standard, non -condo hotel facilities of this caliber typically employ more service individuals than this project is expected to employ. A condo - hotel is able to operate with fewer employees primarily due to the fact that unit L:\185050\Neighl0\Par J\Vistoso Resort & Spa Alt Parking Analysis.doc i owners tend to occupy their units during a portion of the peak season. Owners in turn do not require as much wait and service staff as resort guests, thus reducing the number of employees and number of employee parking spaces needed during the peak season. As described below, operational data from other similar condo -hotel facilities indicates that employees typically rely heavily on carpooling and mass transit. It is also important to note that the OVZCR's parking requirement for restaurant uses makes provision for employees as well as customers, whereas the 150 expected employees of the entire resort facility includes employees of the restaurant. Thus, following the OVZCR requirement would create some overlap in parking requirements in this regard. ii. The availability of nearby parking (if any). • Not applicable. iii. Purchased or leased parking spaces in a municipal or private parking lot meeting the requirements of the Town trip reduction programs (if any). An overflow parking agreement is in the process of being formalized between Fairfield and Vistoso Partners regarding the availability of overflow parking areas within the Golf Club at Vistoso parking lot. The Golf Club site includes 184 spaces, a portion of which are available for use by the Vistoso Resort & Spa for special events and other times of peak parking need. This off -site parking opportunity exceeds the potential on -site parking maximum deficiency. Valet parking service will utilize off -site parking as necessary, thus reducing on -site parking congestion. iv. Any other factors that may be unique to the applicant's development request. • Average occupancy rates for this caliber of resort in this region typically range from 65 to 85 percent. Additionally, it is expected that a 65 percent overlap in parking requirements will exist between the resort guests and the patrons of the restaurant/bar, spa and banquet hall. In order to calculate a realistic parking need, we utilized the higher typical occupancy rate and factored in the overlap of resort/restaurant patrons, resulting in a typical daily parking need of 498 spaces. The total number of 603 spaces required by Town of Oro Valley standard parking guidelines would hypothetically only be required if every suite were split into two separate rooms, and every room were occupied, and the banquet hall were fully occupied. As such, we do not anticipate this amount of parking to be necessary during the vast majority of the time in order to maintain efficient service. The site plan provides for 456 parking spaces to be provided on -site. • The banquet hall conference center within this resort facility is designed to allow one major event or several minor events to occur simultaneously. As such, even when a conference is taking place, it is likely that the entire conference facility will not be utilized. This reduces the need for parking provision. L:\185050\Neighl0\Par J\Vistoso Resort & Spa Alt Parking Analysis.doc 01 "Group" conference accommodations are becoming more popular with the various conference circuits and the resorts typically serving their needs. "Group" accommodations simplify the conference experience for attendees and guests by providing transportation to and from the airport, and shuttles to various locations during the day as necessary. As a result, a modest number of resort guests attending conferences do not require parking provision since they do not arrive with a personal vehicle. It is expected that this trend will only become more popular. V. Continuity and convenient proximity for pedestrians between or among existing or future uses in the vicinity. Rancho Vistoso Boulevard and Vistoso Highlands Drive both feature sidewalks along the project's south and east boundaries. Given the lack of nearby retail and service opportunities, these sidewalks primarily provide a recreational opportunity rather than access to destinations beyond the project boundary. However, the project is designed to be self-contained, providing restaurant, exercise and spa facilities on -site. This will serve to further reduce the number of trips generated to and from this project. vi. Visual and aesthetic impact along the public street by placing parking lots to the rear or along side of buildings, to the maximum extent feasible. Visual and aesthetic impact of the surrounding neighborhood. Visual impacts to adjacent areas have been carefully considered during the design of this site. Building architecture will be attractive and aesthetically appropriate for the vicinity. Parking areas within the site have been located centrally, between the buildings containing the individual units and the main resort building. Due to heightened sensitivity in the area to new development, the parking areas within the development have been designed to be almost completely screened from areas beyond the property. As such, although the parking areas will be thoroughly landscaped, the visual impacts of the parking areas are minimized. vii. Impact on any facilities serving alternative modes of transportation. Bicycles will be available for rent to resort guests, allowing them to take advantage of bicycle paths along Rancho Vistoso Boulevard and beyond. Bike racks will be placed throughout the project. Additionally, the project is within the service area of the Coyote Run bus service. Passenger loading areas within the project will be available for users of the Coyote Run service, taxis, and other non -personal means of transportation. As described below, the resort will be providing shuttles for its employees. These same shuttles will also be available to serve groups staying at the resort that need to be transported to specific destinations throughout the Tucson area. Although the specific branding of the Vistoso Resort & Spa is to be determined, all potential resort companies being considered currently exhibit relatively high levels of employee use of carpooling, bus service and shuttles. The Sun Tran bus service provides park -and -ride lots at Oracle and Ina, as well as at their main transfer station at the Tucson Mall. We anticipate resort employees will continue to make use of alternate forms of transportation such L:\185050\Neighl0\Par J\Vistoso Resort & Spa Alt Parking Analysis.doc as the bus system. In order for employees to make efficient use of mass transit, the resort operator will provide shuttle service for employees on a regular schedule throughout the day to and from these transit centers. Beyond mass transit opportunities, this resort facility will likely provide employee shuttles to and from key mass transit stations such as those mentioned above. viii. Impact on natural areas or features. • By reducing the required number of parking spaces, overall development intensity is decreased. ix. Maintenance of mobility -impaired parking ratios. • All Town of Oro Valley mobility -impaired parking provision ratios have been met. In summary, we believe the 456 parking spaces provided on -site will adequately serve the day-to-day parking needs of the condo -hotel resort facility without creating large parking fields. In addition, we believe that the provision of ample off -site parking at the Rancho Vistoso Golf Club will be sufficient to accommodate the parking needs during periods of peak usage and during special events. Total Area of Lodging Uses.......................................................................368 units Total Area of Restaurant Uses............................................................. 6,000 sq. ft. Total Area of Banquet Hall Uses ........................................................ 10,000 sq. ft. OVZCR Parking Req'd. for Lodging Use (1 space per unit + 1 per 2 employees).................................................443 spaces OVZCR Parking Req'd. for Restaurant Use (10 spaces per 1,000 sq. ft.)...................................................................60 spaces OVZCR Parking Req'd. for Banquet Hall Use (1 per 4 seats + 2 per 3 employees).....................................................100 spaces OVZCR Total Parking Required for All Uses.........................................603 spaces Total Parking Provided On -Site for All Uses ................................... 456 spaces Total Proposed Parking Reduction*............................................................24% * Off -site parking availability at the Golf Club at Vistoso further reduces this proposed parking reduction percentage. L:U 85050\Neighl0\Par 1\Vistoso Resort & Spa Alt Parking Analysis.doc 64.05 �1703 65?0.\\ \ �2 I RIMIRIMP 1 \ 1 T N:\I85050\NEIGHIO\PAR!\RESOURCE\FROM SBBI\2007-05-0B\0615101 SKBA�g iiiiiiiii Jill 111111 111 � i i � / i ■ i i i / I 1 'E4 M � T 1 ump 1 1_1 iqw / / / r / / / PROJECT DATA TOTAL # OF BUILDINGS = 10 TOTAL # OF UNITS = 184 TOTAL # OF KEYS = 368 TOTAL # OF PARKING SPACES = 456 N 60, 0' 60' 120' SCALE: i INCH = 60 FEET PARKING CALCULATIONS / UNITS: 184(2 PER UNIT) = 368 PARKS BALLROOOMS: 10000/25 (SF PER PERSON) = 100 PARKS 4 (1 PER 4 SEATS) / RESTAURANT/BAR: 6000/100 = 60 PARKS EMPLOYEES: 150/2 = 75 PARKS TOTAL PARKS REQUIRED = 603 605(25% REDUCTION) = 452 < 456 PROVIDED NOTE: OFF —SITE PARKING TO BE USED FOR OVERFLOW G� SBBL Architecture + Planning 1001 North Arvemon wry # 105, Ti Arizona 85711 t 520.620.0255 t 520.620.0535 a: sbblpsbbl.biz U F— t N� > N o0 LU LLI = � U z v) < ry Dole: 4.16.07 Pla.#: ,..— SK8 REQUEST FOR RECORDS DEVELOPMENT SERVICES TOWN OF ORO VALLEY, ARIZONA Phone (520) 229-4800 Fax (520) 742-1022 Name:Date: Business//�/�%�/filC��/TG��/7�lll Telephone: Address: _5 al �i�Q�tc�l SC— �/<'L`� = S« ��• ��? ���5�` Item(s) requested: �r� - �� - r�•-U���t O�J ��- -�( a s), if known: NOTE: Copy charge is $.15 per 8 112" x 11 "page. Large copies are $1.00 per page. nature PLEASE COMPLETE IF COPIES ARE TO BE USED FOR A COMMERCIAL PURPOSE. [ ] These reproductions of public records will be used for the following commercial purpose: Signature 'Commercial purpose means the use of a public record for the purpose of sale or resale or for the purpose of producing a document containing all or part of the copy, printout or photograph for sale or the obtaining of names and addresses from such public records for the purpose of solicitation or the sale of such names and addresses to another for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of such public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in a judicial or quasi-judicial body of this state or a political subdivision of this state. (Arizona Revised Statute 39-121-03.D) (NOTE: There is a 50 cents charged per page for documents used for commercial purposes.) *TO BE COMPLETED BY TOWN OF ORO VALLEY STAFF* DATE/TIME REQUEST RECEIVED: IL-() 2 D ;S0(AM PW STAFF: DATE/TIME REQUEST COMPLETED JS -0 ,a ,' -SG (AM / PM) COPY COSTS: �C� • � act NjAftirr o*"mtu, terms tbw, j • • 1 44- 31 1 •��. at SI Q , t Ilz �TTI11E h t�Zt-J41� .74t��"{ Aww BiIR�'�O1v A N C H I T 6 0 T 8 2102 K C—" Club RO•d. a (� 82&9752, F�exM(52p 7179&33H sk 5206415.7/11825.001 EXHIBIT A DEPICTION OF COMMON USE AREAS Pg: 30 of i 4 F. ANN RODRIGUEZ, RECORDER ' RECORDED BY: RJL DEPUTY RECORDER 9544 PE2 SOROV TOWN OF ORO VALLEY 11000 N LA CANADA ORO VALLEY AZ 85737 ep h� P G G DOCKET: 12474 PAGE: 318 NO. OF PAGES: 30 SEQUENCE: 20050150127 01/24/2005 REST 09:27 PICKUP AMOUNT PAID $ 19.50 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MERCADO DEL RIO THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MERCADO DEL RIO (this "Declaration") is made and executed as of hMtMr4L Zs , 2004, by Lawyers Title Agency of Arizona, Trust No. 18080-T, which is Declarant - ARTICLE 1 RECITALS 1.1 Declarant is the owner of the Property. Declarant intends to develop the Property into an integrated community of commercial buildings. As part of the development of the Property, Declarant intends, without obligation, that Lots comprising the Property will be sold or otherwise conveyed to Owners for the construction, use and occupancy of commercial buildings thereon. 1.2 Declarant has formed the Association, which will (i) own, operate, manage and maintain Common Use Areas included within or comprising the Property, (ii) establish, levy, and collect the Assessments and other charges imposed hereunder, and (iii) be the agent and representative of the Members of the Association and of the Owners to administer and enforce this Declaration and enforce the provisions hereof. 1.3 Declarant intends that the Covenants of this Declaration shall run with the land as to the Property and shall be binding upon the Property and all Lots and other portions thereof, and on all Owners, and their successors and assigns, from and after the date of the Recording of this Declaration, and that all conveyances of the Property shall be subject to the Covenants hereof. ARTICLE 2 DEFINITIONS 2.1 The following words, phrases or terms used in this Declaration shall have the following meanings: 5206415.7/ 11825.001 FEB 1 2 4 7 4 0 0 3 i 8 30 Pg: 1 of 3 ) "Annual Assessment" means the Assessments imposed for annual expenses pursuant to ARTICLE 9 hereof. "Applicable Law" means any and all constitutions, laws, statutes, ordinances, rules, regulations, judgments, decrees, orders, writs, injunctions and other directives of any federal, state, county, regional or municipal governmental body, official, agency, authority, judge, tribunal or other instrumentality applicable to or having jurisdiction over the Property, after taldng into account the application of any validly granted, adopted or obtained variance, exception or special use right or permit. "Articles" means the Articles of Incorporation of the Association as the same may from time to time be amended or supplemented. "Assessable Property" means all Lots within the Property. "Assessment" means charges levied and assessed against each Membership pursuant to ARTICLE 9 hereof. "Assessment Lien" means the lien created and imposed by ARTICLE 9 hereof. "Association" means Mercado Del Rio Property Owners Association, an Arizona nonprofit corporation. "Association Documents" means this Declaration, the Articles, the Bylaws, the Design Guidelines and any Rules. "Board" means the Board of Directors of the Association. "Bylaws" means the Bylaws of the Association as the same may from time to time be amended or supplemented. "Capital Improvements" shall mean those items owned, repaired or maintained by the Association which individually have a life expectancy of three (3) years or longer and exceed $1,000.00 in value. Items of a like nature which are of a value less than $1,000.00 Individually shall, when all such items aggregate more than $1,00000, be considered a Capital Improvement. "Commercial Unit" means any building, structure or portion thereof situated upon a Lot which is designed and intended for use and/or occupancy for commercial purposes. 4 "Common Expenses" means the expenses of operating the Association and performing the Association's duties and obligations. 1 9 "Common Use Areas" means Block A of the Property and all other portions of the Property upon which are located Infrastructure Improvements which have been or are to be 2 5206415.7111823.001 Pg: 2 of 30-- constructed and installed by Declarant; the Common Use Areas are depicted on Exhibit attached hereto, which is by this reference incorporated herein. "Covenants" means all of the covenants, conditions, restrictions, privisions, assessments, charges, servitudes, liens, reservations and easements set forth herein. "Declarant" means Mercado Del Rio, LLC, an Arizona limited liability company, and/or any Person or Persons to whom all or a portion of the rights, power and privileges reserved to Declarant under this Declaration are assigned in a Recorded instrument expressly assigning such rights. "Declaration" means this Declaration of Covenants, Conditions and Restrictions, as amended or supplemented from time to time. "Deed" means a deed, conveyance or other instrument conveying fee title to any portion of the Property. "Design Guidelines" means the Mercado del Rio Master Architectural Concept Plan approved by the Town and any additional and/or supplemental architectural or design guidelines established by the Board pursuant to the provisions of ARTICLE 6 below. "First Mortgage" means a Recorded deed of trust or mortgage encumbering a Lot which has priority over all other deeds of trust or mortgages encumbering the same Lot. "Infrastructure Improvements" means all improvements and installations which have been or are to be constructed and installed upon the Property by Declarant which are to be maintained by the Association pursuant to this Declaration, which shall include roadways, driveways, parking spaces on Block A, sidewalks, and adjacent landscaping and external lighting, utilities service limes and installations, and drainage facilities, but excluding catch basins installed on each of the Lots, the construction of which shall be the responsibility of the Owners. "Improvements" means all Commercial Units, Infrastructure Improvements and other buildings, structures and other improvements which are constructed or installed on the Property. "Lot" means any part of the Property designated as a numbered lot on the Plat; Block A designated on the Plat is not a Lot. "Member" means any Person holding a Membership in the Association pursuant 4 to this Declaration. 0 "Membership" means a membership in the Association and the rights granted to the Owners pursuant to ARTICLE 8 hereof to participate in the Association. 52MI5.7f1 t su ao, Pg: 3 of "Occupant" means each Person who is legally occupying or doing business in a Commercial Unit as the an employee, agent, tenant, licensee or independent contractor oly or otherwise with the permission of, the Owner of such Lot. "Owner" means (when so capitalized) the record holder of fee title to any portion of the Property other than those who hold such title merely as security for the performance of an obligation mooddgd, however. that if legal title to any portion of the Property is vested of record in (i) a vendor under a valid and outstanding "contract" as defined in AJLS § 33-741, the patty who is the "purchaser" (as defined in said statute) of such portion of the Property shall be the "Owner" thereof for purposes of this Declaration, and (it) a "trustee" as defined in A.R.S § 33- 801, the party who is the "trustor" (as defined in said statute) of such portion of the Property shall be the "Owner" thereof for purposes of this Declaration. If legal title to any portion of the Property is held in joint ownership by two or more Persons, all such Persons shall be the "Owner" of such Lot. "Person" means a natural person, corporation, partnership, limited liability company, trust or any other legal entity. "Plat" means that Final Plat of Mercado del Rio Lots 1-16 & Block A Recorded in Booof Maps, Page, Official Records of Pima County, Arizona, together with any amendment, modification or supplement thereof or thereto. "Property" means Lots 1 through 16 and Block A of Mercado del Rio, as established by the Plat. "Recording" or "Recordation" means placing an instrument of public record in the office of the County Recorder of Pima County, Arizona, and "Recorded" means having been so placed of public record. "Reserve Fund" means a fund established pursuant to Section 9.3 hereof. "Rules" means those rules and regulations applicable to the Property and Improvements adopted by the Board from time to time pursuant to the provisions of Section 7.4 hereof. "Special Assessment" means any Assessment levied and assessed pursuant to Section 9.9 hereof. "Town" means the Town of Oro Valley, Arizona, within which the Property is located. "Town" 1 5206415.7n1su.001 Pg: 4 of ARTICLE 3 PLAN OF DEVELOPMENT 3.1 General Declaration. Declarant intends that the Property be developed, used and enjoyed in accordance with and pursuant to the Plat and this Declaration, which establishes a general plan for development and use of the Property. All Lots and other portions of the Property shall be held, conveyed, hypothecated, encumbered, occupied, improved and transferred subject to this Declaration, as amended or modified from time to time, provided, however. that any portions of the Property which are dedicated to the public or a governmental entity for public purposes shall not be subject to this Declaration or the Covenants herein contained while owned by the public or the governmental entity. This Declaration is declared and agreed to be in furtherance of a general plan for the subdivision, development, improvement, sale, occupancy and use of the Property, and is established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and every part thereof. All Covenants contained in this Declaration shall run with the land as to all of the Property for all purposes and shall be binding upon and inure to the benefit of Declarant, the Association, all Owners and Occupants and their successors in interest. By acceptance of a Deed or by acquiring any interest in any portion of the Property, each Person, for himself his heirs, personal representatives, successors, transferees and assigns, binds himself; his heirs, personal representatives, successors, transferees and assigns, to all of the Covenants now or hereafter imposed by this Declaration and any amendments thereof In addition, each such Person by so doing thereby acknowledges that this Declaration sets forth a general plan for the development, improvement, We, occupancy and use of the Property and hereby evidences his agreement that all Covenants contained in this Declaration shall nun with the land and be binding upon all subsequent and future Owners, grantees, purchasers, assignees, tenants and transferees thereof Each such Person fully understands and acknowledges that this Declaration shall be mutually beneficial, prohibitive and enforceable by the Association and all Owners. Declarant, its successors, assigns and grantees, covenant and agree that the Lots, Memberships in the Association and the other rights appurtenant to such Lots shall not be separated or separately conveyed, and each shall be deemed to be conveyed or encumbered with the respective Lots to which they pertain even though the description in the instrument of conveyance or encumbrance may refer only to the Lot 3.2 Association and. This Declaration and the Covenants set forth herein shall be binding upon and shall benefit the Association. 3.3 Disclaimer of Representations. Notwithstanding anything to the contrary herein, Declarant wakes no warranty or representation whatsoever that if the Property is once used for a particular use, such use will continue in effect. While Declarant has no reason to believe that any of the Covenants contained in this Declaration are or maybe invalid or unenforceable, Declarant makes no warranty or representation as to the present or future validity or enforceability of such 0 Covenants. Any Owner acquiring a Lot in reliance on one or more of such Covenants shall 03 assume all risks of the validity and enforceability thereof and by accepting a Deed to a Lot agrees 2 that Declarant shall not have any liability with. respect thereto. Pg: 5 of 30----� ARTICLE 4 EASEMENTS AND RIGHTS OF ENJOYMENT IN COMMON USE AREAS 4.1 Easements of Use and Eniovment. Declarant and every Owner and Occupant of the Property shall have a right and easement of use and enjoyment in and to the Common Use Areas which shall be appurtenant to, and shall pass with, the title to every Lot subject to the following provisions: 4.1.1 The right of the Association, in compliance with Arizona law, to suspend a Member's voting rights and any other rights incidental to membership for violations of this Declaration. 4.1.2 The right of the Association to regulate the use of the Common Use Areas through the Rules and to prohibit or limit access to certain Common Use Areas, such as specified landscaped areas. The Rules shall be intended to maintain and preserve the Common Use Areas for the benefit, safety and convenience of the users thereof, and otherwise shall serve to promote the best interests of the Owners and Occupants. 4.1.3 The right of the Association to make minor adjustments in the size, shape or location of Common Use Areas, so long as, in each case, either (i) the Board determines that no Member is materially or adversely affected, or (ii) Members holding at least two-thirds (V3) of the voting power of the Association have executed an instrument agreeing to such change in size, shape or location, exchange, abandonment or transfer. 4.2 Access Easements to Facilitate Develoument. 4.2.1 Declarant and each Owner shall have a blanket access easement over the Common Use Areas in order to construct Improvements thereon and in connection with the construction of Commercial Units on Lots within the Property. 4.2.2 Neither Declarant nor any Owner shall exercise any of the rights or easements reserved by or granted pursuant to this Section 4.2 in such a manner as to unreasonably interfere with the construction, development or occupancy of any part of the Property owned by other Owners. 4.2.3 The rights and easements reserved by or granted pursuant to this Section 4.2 shall continue during the team of this Declaration. Each Owner may make limited temporary assignments of its casement rights under this Declaration to any Person performing construction, installation or maintenance of Improvements on any portion of the Property. 4.3 Utilities Easements. Nonexclusive, perpetual blanket easements for utilities services is hereby created over and through the Common Use Areas, and a limited, specific easement over and through those portions of the Property shown as public utility easement areas on any Plat is hereby created, for the purpose of: 5206415.7/11825.001 Pg: 6 of 4.3.1 Installing, constructing, operating, maintaining, repairing or replacing equipment used to provide to any portion of the Property any utilities, including, without limitation, water, sewer, drainage, gas, electricity, telephone, cable and television service, whether public or private; 4.3.2 Ingress and egress to install, construct, operate, maintain, repair and replace such equipment; and 43.3 Exercising the rights under the easement. Such easements are hereby granted to any Person providing such utilities or installing, constructing, maintaining, repairing or replacing equipment related thereto. Any pipes, conduits, cables, lines, wires, transformers and any other apparatus necessary for the provision or metering of any utility may be installed or relocated only where permitted by Declarant or any Owner, where designated on the Plat, or where approved by the Board. Equipment used to provide or meter such utilities or services may be installed aboveground during periods of construction if approved by Declarant and the Board. The Person providing or installing a utility or service pursuant to this easement shall install, construct, maintain, repair or replace the equipment used to provide or meter utilities as promptly and expeditiously as possible, and shall restore the surface of the Property and the Improvements situated thereon to their original condition as soon as possible. 4A Easement for Maintenance. The Association shall have an casement upon and over the Common Use Areas and the lots for the purpose of maintaining the roadways, driveways, pavement, parking spaces, sidewalks, landscaping, utilities service lines and installations, external lighting, and drainageways and drainage areas, Improvements and facilities located on or within the Property. This easement shall terminate with respect to any Common Use Area on the date the Association's responsibilities with respect to maintaining such roadways, driveways, pavement, parking spaces, sidewalks, landscaping, utilities service lines and installations, external lighting, and drainageways and drainage arras, Improvements and facilities terminates. 4.5 Easements for Enereachments. If any Improvement constructed by or for Declarant or any Owner on any Lot now or hereafter encroaches on any other Lot or subdivided Portion of the Property by an amount of deviation within customary construction tolerances, a perpetual easement is hereby granted to the extant of any such encroachment, and the Owner of the encroaching Improvement shall also have an easement for the limited purpose of the maintenance and repair of the encroaching Improvement. 4.6 Delegation of Use. Any Owner may, in accordance with this Declaration and the Rules, delegate his right of use and enjoyment of the Common Use Areas and the Improvements thereon to the Occupants of such Owner's Lot and the guests, invitees and customers of the Owner and such Occupants. 4 4.7 Drainage Easements. Certain portions of the Property, including certain specified Lots, shall be subject to drainage facilities which benefit other Lots. Each Lot on which 7 5206415.7/11825.001 Pg: 7 of 30_ are located drainage facilities benefiting another Lot or Lots shall be subject to an easement for the use and benefit of such other Lot or Lots and each Owner of a Lot subject to such easement shall be responsible for maintaining such drainage facilities in good condition and repair, and without obstruction, and permit the Association to enter onto such Lot as appropriate to maintain the drainage facilities. 4.8 Parkin . Each Owner shall have the right to reserve up to seventy-five percent (75%) of the parking spaces on the Lot it owns for the exclusive use of the Owner, its Occupants and the guests, invitees and customers of the Owner andlor its Occupants. The reserved parking spaces for each Lot shall be designated on the specific development plan for that Lot or on a plan filed by the Lot Owner with the Association. Changes to the reserved parking spaces for each Lot shall be designated on a modified plan filed by the Lot Owner with the Association. The Association, other Owners and Occupants, all the Members and their respective guests, invitees and customers and the general public shall have an easement for parking in the remaining spaces on the Lots. As long as Declarant owns a Lot, Declarant may, in its sole and absolute discretion, increase the amount of reserved parking spaces permitted on each Lot to more than seventy-five percent (75%) of the total number of such spaces provided, however that the same percentage shall at all times apply to all Lots. 4.9 Landscape Easement. The Association shall have a perpetual easement for the Association to enter onto any part of the Property for the purposes of maintaining or replacing the landscaping on any portion of the Common Use Areas. This easement shall include the right of the Association to enter to maintain or replace any irrigation facilities, and for any other purpose relating to. any landscaping on the Property. 4.10 ail ea . There is a trailhcad located on or near Block A of the Property as shown on the Plat. The general public shall have an easement over the Common Use Areas consisting of driveways, parking areas and sidewalks to obtain access to the trailhead. To further facilitate such access, the general public shall also have an easement for parking in not less than ten (10) parking spaces located on Block A of the Property designated by Declarant. 4.11 Easement for Vehicular Traffic. The general public shall have an easement for vehicular ftafi'ic on the roadways and parking area access lanes throughout the Property subject to reasonable rules and regulations enacted by the Board, and except for purposes of parking, which purpose is specifically otherwise provided for in this Declaration, specific development plans for the Lots and the Rules. The Association shall defend, indemnify and hold harmless all the Owners from any and all claims made against the Owners by those persons other than Owners, tenants, employees and Occupants related to the maintenance and use of the parking spaces and paved areas contained within a Lot 4.12 Other Easements. Declarant and each other Owner shall be entitled to grant easements upon and over the Lots owned by them for the use and benefit of other Lots and the Owners of such other Lots provided, however, that such easements comply with, and do not violate, Applicable Law. 520641 s.7n r=5.00l Pg: 8 of ARTICLE 5 PERMITTED USES AND RESTRICTIONS 5.1 Commercial Purposes. All Lots and Commercial Units within the Property shall be used only for commercial or business purposes permitted under Applicable Law. The initial commercial use or uses to be conducted on each Lot shall be approved in writing by Declarant and, except as otherwise agreed or consented to by Declarant (Declarant being under no duty or obligation to so agree or consent), such approved use or uses shall be actively conducted for a period of not less than two (2) years, and no use not so approved shall be conducted on any Lot during the first two (2) years following the date on which actual conduct of an approved use commences thereon. The purpose of the foregoing requirements and restrictions as to the uses conducted on Lots is to assure an appropriate and beneficial mix of uses will be conducted on the Property for the mutual benefit and advantage of all Lots and the Owners and Occupants thereof. Declarant's authority to approve the uses to be conducted on Lots may be exercised in DeclaranCs sole and exclusive discretion. Declarant may prepare and cause to be Recorded a document stating the permitted use or uses which may be conducted on any Lot, which document shall be binding on all Owners and Occupants of such Lot. The Board shall have authority to enact Rules to implement this ARTICLE 5. 5.2 Automobile Services Uses. Automobile services uses shall be limited to Lots 11 through 15. All automobile service and repair activities on those Lots shall be screened from view such that the automobile service and repair activities are visible neither from Pusch View Lane nor from any other non -automobile service use Lots within the Mercado del Rio development. 5.3 Animals. No animal, bird, poultry or livestock shall be maintained on any Lot_ The Board may enact reasonable Rules permitting exceptions to this prohibition for compelling business purposes. 5.4 Temporary Occupancy and Temporary Building. No trailer, incomplete structure, tent, shack, garage or barn, and no temporary buildings or structures of any kind, shall be placed on the Property at any time other than temporary buildings or structures used during and in connection with the construction of Improvements, which shall be removed immediately after the completion of such construction. 5.5 Diseases and Insects. No Owner shall permit any thing or condition to exist upon the Property or any Lot which shall or might permit, induce, breed or harbor infectious plant diseases or noxious insects. 5.6 Antennas. Subject to Applicable Law, no antenna, tower, aerial, satellite dish or other device for the transmission or reception of television, telephone or radio (including amateur or ham radio) signals of any kind (collectively referred to herein as "antennas") will be allowed ! outside any Commercial Unit, except those antennas whose installation and use has been approved in writing by the Board, which approval will be granted only if: 52Q64M7/11825.001 Pg: 9 of 30 5.6.1 The antenna is designed to assure the minimal visual intrusion possible (i.e., is located in a manner that minimizes visibility from other Lots); and 5.6.2 The antenna complies to the maximum extent feasible with the Design Guidelines within the confines of applicable federal regulations. Any transmission cable for a receiver to a Building must be underground. The restrictions in this Section 5.6 shall be subject to any limitations imposed by Applicable Law. The Board is hereby vested with discretion to enact Rules to implement this Article to conform to Applicable Law. The Board may enact Rules that are more restrictive than this Section 5.6, if permissible by Applicable Law. 5.7 Mineral Exploration. No Lot nor Block A shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance of any kind. 5.8 Trash Containers and Collection. No garbage or trash shall be placed or kept on any Lot or Block A, except in bins designated by the Board All trash receptacle enclosure areas shall have gates with self -closing latches. The Board may adopt such reasonable Rules as it deems necessary regarding bins and collection of trash, including Rules to be in force on a temporary basis during any period of construction of Improvements on any Lot or Block A. All rubbish, trash or garbage shall be promptly removed from all Lots and shall not be allowed to accumulate thereon. No outdoor incinerators shall be kept or maintained on any Lot or Block A. 5.9 Sinele Vendors. The Board shall have the right to enter into exclusive contracts for services shared by the Owners, such as trash collection, security, street sweeping, cable and telecommunications. In the discretion of the Board, the Owners may enter into separate contracts with a designated provider. If the Board elects to enter into a contract to serve all the Owners through the Association, the Board may assess the cost of the service to the Owners directly, in the approximate percentage of the benefit to each Owner, as determined in the sole and absolute discretion of the Board. 5.10 Window Coverings. In no event shall the interior or exterior of any windows be covered with reflective material, such as foil, or with paper, bed sheets or other temporary coverings. The Board shall have the broadest authority to enact Rules relating to window coverings. 5.11 Heating, Ventilating and Air Conditioning Units. No heating, air conditioning 1 or evaporative cooling units or egmpment shall be placed, constructed or maintained upon the 2 Property in any places other than as permitted under the Design Guidelines. 4 5.12 Solar Collection Panels or Devices. Subject to prior approval of the plans therefor by the Board, such approval to be subject to the restrictions of Applicable Law, solar collecting panels and devices may be placed, constructed or maintained upon any Lot, so Iong as either (a) such solar collecting panels and devices arc placed, constructed and maintained so as not to be visible from other Lots, or (b) such solar collecting panels and devices are placed, constructed and maintained in such location(s) and with such means of screening or concealment to 5206415.7111825.001 P8:10 of as the Board may reasonably deem appropriate to limit, to the extent possible, the visual impact of such solar collecting panels and devices. The restrictions in this Section 5.12 shall be subject to any limitations imposed by Applicable Law. 5.13 Vehicles. No vehicles may be stored on the Property overnight other than vehicles directly used in the active conduct of uses or businesses being conducted on the Property, and such vehicles may only be stored on the Lot on which such use or business is being conducted. All vehicles parked on the Property must fit into a single designated parking space. The Board shall have the authority to enact reasonable Rules relating to vehicles and traffic on the Property. 5.14 Lighting. The Board may enact Rules relating to internal and external lighting on all portions of the Property. The rules may be all encompassing, including regulating wattage, direction, times when lighting is permitted and any other rule relating to lighting. 5.15 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate upon any portion of the Property for any unreasonable time, and no odors shall be permitted to arise therefrom, so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to any other portion of the Property in the vicinity thereof or to its Owners or Occupants. No loud, noxious or offensive activity shall be carried on or permitted on any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to Persons or property in the vicinity of such Lot, or which shall interfere with the quiet enjoyment of each of the Owners and Occupants provided, however, that the activities of, and consequences stemming from, uses and business conducted on the Property in accordance with Applicable Law and, if required, approved by Declarant, shall be deemed to be not in violation of this provision. The Board shall have the right to determine, in its sole discretion, whether the provisions of this Section 5.15 have been violated. Any decision rendered by the Board shall be enforceable and be binding in the same manner as other restrictions in this Declaration. 5.16 Drainage. No Owner or Occupant or other Person shall interfere with the drainage established for any portion of the Property by Declarant. No Owner or Occupant or other Person shall obstruct, divert, alter or interfere in any way with the drainage of ground and surface water upon, across or over any portion of the Lots, Common Use Areas or other portions of the Property, including, but not limited to, construction or installation of any type of structure or vegetation. 5.17 Leasing: Obligations of Tenants and Other Occupants. In the event an Owner rents or leases all or part of a Lot or Commercial Unit, such Owner must famish the Board with a completed tenant information form (provided by the Board) certifying that the tenant has agreed to be bound by the Association Documents, and that the Owner accepts responsibility for the 0 tenant's violation of the Association Documents. The Association shall be a third party beneficiary of any such lease solely for the purpose of enforcing the Association Documents, and shall have the right to establish and charge fines against any Owner failing to enforce the provisions of the Association Documents against his tenant The Association's third party rights shall include the right to evict any tenant for violations of the Association Documents. All tI $206415.7111825.001 Pg: 11 of 30 tenants must execute a crime -free lease addendum on a form provided by the Board The Board may enact Rules requiring additional disclosures. All tenants shall be subject to the terms and conditions of the Association Documents. Each Owner shall cause his tenants or other Occupants to comply with the Association Documents and, to the extent permitted by Applicable Law, shall be responsible and liable for all violations and losses caused by such tenants or other Occupants, notwithstanding the fact that such tenants or other Occupants are also fully liable for such violations. The Board shall have authority to enact Rules relating to rentals. 5.19 Environmental Protections. No Lot nor Block A, nor any Improvements on any Lot or Block A, shall be used to generate, manufacture, refine, transport, treat, store, handle, dispose of; transfer, produce or process Hazardous Substances or solid waste, except in compliance with all applicable federal, state, and local laws or regulations. For purposes of this Section, "Hazardous Substances" shall be deemed to include pollutants or substances defined as "hazardous waste," "hazardous substances," "hazardous materials" or "toxic, substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1990 ("CERCIX) as amended by the Supmfund Amendments and Reauthorization Act of 1986 (PL 99-499); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et sea.; the Toxic Substance Control Act, 15 U S.C. Section 2601, et sea.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Section 6901 et se .; the Arizona Environmental Quality Act, Laws 1986, Chap. 368; and in the rules or regulations adopted and guidelines promulgated pursuant to said laws. 5.19 Property Restrictions. No further covenants, conditions, restrictions or easements shall be Recorded by any Owner, Occupant or other Person against any Lot without the provisions thereof having been first approved in writing by the Board, and any such instrument which is Recorded without such approval being evidenced thereon shall be null and void; provided. however. that without prior approval of the Board, Declarant shall have the right to record additional covenants, conditions, restrictions or easements against any Lot or other portion of the Property owned by Declarant either prior to or simultaneously with the conveyance of any such Lot or other portion of the Property to an Owner. Notwithstanding the foregoing or anything else in this Declaration to the contrary, no such instrument Recorded by an Owner shall operate to modify or amend this Declaration but, in the event that such covenants, conditions and restrictions impose restrictions on the use or occupancy of the real property subject to such instrument which are more restrictive than the restrictions set forth in this Declaration, the more restrictive provisions shall prevail. No application for rezoning, variances or use permits pertaining to any Lot or other portion of the Property shall be filed with any governmental authority by any Person unless (i) the application has first been approved by Declarant, so long as Declarant owns any portion of the Property, and thereafter by the Board, and (ii) the proposed use otherwise complies with this Declaration. Notwithstanding anything contained in this Declaration to the contrary, none of the restrictions contained in this Declaration shall be construed or deemed to limit or prohibit any act of Declarant, its employees, agents and subcontractors, or parties designated by it (i) in connection with the sale or disposition of Lots, or (ii) during the course of construction of Infiastructure Improvements on any portion of the Property. 12 5206415.7/11W.001 --- - Pg: 12 of 30 5.20 Repair of Building. No Commercial Unit on any Lot shall be permitted to fall into disrepair and each such Commercial Unit shall at all times be kept in good condition and repair and adequately painted or otherwise finished. In the event any Commercial Unit is damaged or destroyed, then, subject to the approvals required by ARTICLE 6 below, such Commercial Unit shall be immediately repaired or rebuilt or shall be demolished. 5.21 Signs. No signs whatsoever (including, but not limited to, commercial, political and similar signs) shall be erected or maintained on any Lot except signs that Comply with the Mercado del Rio Sign Criteria, copies of which shall, on request, be provided to all Owners and Occupants by Declarant or the Board 5.22 Utility Service. No lines, wires, or other devices for the communication or transmission of electric current or power, including telephone, television, and radio signals, shall be erected, placed or maintained anywhere in or upon any Lot or Block A unless the same shall be contained in conduits or cables installed and maintained underground except as otherwise approved by the Board in writing. This Section 5.22 shall not apply (i) to the extent (if any) such underground or concealed placement may be prohibited by Applicable Law, and (ii) to any above -ground structures and/or media for transmission as may be originally constructed by Declarant or are otherwise approved by the Board in writing. No provision hereof shall be deemed to forbid the erection of temporary power or telephone structures incident to the construction of Commercial Units. 5.23 RJ&bt of Entry. During reasonable hours and upon reasonable prior notice to the Owner or other Occupant(s) of a Lot, any member of the Board or the Board, or any authorized representative thereof shall have the right to enter upon and inspect such Lot, and the Improvements thereon, for the purpose of ascertaining whether or not the provisions of this Declaration have been, or are being, complied with, and such Persons shall not be deemed guilty of trespass by reason of such entry. 5.24 Dedarant's Exemption. Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant, or its duly authorized agents, of Improvements or signs necessary or convenient to the development or sale of Lots ' and, in connection therewith, Declarant shall have the right and authority to permit and authorize the construction and installation of temporary signage which is necessary or convenient to the development and sale of any Lots. 5.25 Crime and Drub; Free. The Board shall have the right and power to enact Rules prohibiting criminal and drug activity on the Property, including the right to assess fines and evict, dispossess and/or oust tenants or Occupants who engage in such activity. The Association shall have the right and power to require Occupants and Owners to sign reasonable contracts and 4 documents to assure there is no criminal and drug related activity on the Property. 5.26 Subdivision and Combination. No Owner may subdivide a Lot without the prior written approval of the Board, which approval may be withheld by the Board in its sole discretion for any reason whatsoever or for no reason at all. No Owner or Owners may combine two (2) or more Lots except in compliance with Applicable Law. In the event of a subdivision or 13 5206415.711105.001 Pa:13 of combination of Lots, Declarant reserves the right to amend this Declaration, without the consent of any mortgagees, to reflect the terms and conditions thereof. ARTICLE 6 ARCHITECTURAL CONTROL 6.1 Supplemental Design Guidelines. Subject to obtaining any required approval from the Town, the Board may adopt additional and/or supplemental architectural guidelines, standards and procedures which shall, upon their adoption constitute part of the Design Guidelines. 6.2 Approval ftl1 red. No Improvement shall be constructed or installed on any Lot, nor shall any addition, alteration, repair, change or replacement which in any way alters the exterior appearance of any Improvement be made or done, without the prior written approval of the Board that the construction, installation, addition, alteration, repair, change or other work of, to or on such Improvement complies with the Design Guidelines. Any Owner desiring approval of the Board for the construction, installation, addition, alteration, repair, change or replacement of any Improvement shall submit to the Board a written request for approval specifying in detail the nature and extent of such construction, installation, addition, alteration, repair, change, replacement or other work which the Owner desires to perform. Any Owner requesting the approval of the Board shall also submit to the Board any additional information, plans and specifications which the Board may reasonably request. If the Board fails to approve or disapprove an application for approval within forty-five (45) days after an application meeting all of the requirements of this Declaration and of the Design Guidelines and additional information, plans and specifications requested by the Board have been submitted to the Board, the application will be deemed to have been approved. The approval by the Board of any construction, installation, addition, alteration, repair, change or other work shall not be deemed a waiver of the Board's right to withhold approval of any similar construction, installation, addition, alteration, repair, change or other work subsequently submitted for approval. 63 Review Standards. The Board shall have the authority to charge a reasonable fee for the review process outlined in this ARTICLE 6. In reviewing plans and specifications for any construction, installation, addition, alteration, repair, change, replacement or other work which must be approved by the Board, the Board, among other things, may consider the quality of workmanship and design, harmony of external design with existing structures and location in relation to surrounding structures, topography and finish -grade elevation. The Board may disapprove plans and specifications for any construction, installation, addition, alteration, repair, change or other work which must be approved by the Board pursuant to this .ARTICLE 6 if the Board reasonably determines that the proposed construction, installation, addition, alteration, 4 repair, change, replacement or other work (i) would violate any provision of this Declaration, (ii) does not comply with any Design Guideline, (iii) is not in harmony with existing Improvements in the Property or with Improvements previously approved by the Board but not yet constructed, (iv) is not aesthetically acceptable, or (v) would be detrimental to or adversely affect the appearance of the Property, (vi) is not in accord with the general plan of development for the Property. 5206415.71110&001 14 I .I� Pg: 14 of 30 1 6A Effect of Approval. The approval required by the Board pursuant to this ARTICLE 6 shall be in addition to, and not in lieu of, any approvals or permits which may be required under Applicable Law. The approval by the Board of any construction, installation, addition, alteration, repair, change or other work pursuant to this ARTICLE 6 shall not be deemed a warranty or representation by the Board as to the quality of such construction, installation, addition, alteration, repair, change or other work or that such construction, installation, addition, alteration, repair, change or other work conforms to Applicable Law. 6.5 Exemptions. The provisions of this ARTICLE 6 shall not apply to, and approval of the Board shall not be required for: 65.1 The construction, erection, installation, addition, alteration, repair, change or replacement of any Improvements made by or on behalf of Declarant; 6.5.2 The construction, erection or installation of any Commercial Units which are constructed in accordance with plans and specifications therefor which have previously been approved by Declarant in writing; or 6.5.3 The repair, replacement or reconstruction of damaged or destroyed Improvements to substantially the same condition and appearance previously approved or exempt from approval, in accordance with the provisions of this ARTICLE 6. ARTICLE 7 ORGANIZATION OF ASSOCIATION 7.1 Formation of Association. The Association is a nonprofit Arizona corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 7.2 Board and Officers; Management. The affairs of the Association shall be conducted by the Board elected in accordance with this Declaration and the Articles and Bylaws, and such officers as the Board may elect or appoint in accordance with the Articles and the Bylaws as the same may be amended from time to time. The Board shall be composed of at least three (3) members. The Declarant, in its sole discretion, shall appoint the initial members of the Board and shall appoint all replacement or additional members of the Board until the earlier of (i) the date Declarant ceases to be an Owner of an undeveloped Lot or ceases active efforts to sell any undeveloped Lot or Lots it owns, and (ii) December 31, 2010. Within fifteen (15) days after the date on which Declarant's right to appoint the members of the Board ends, the Board shall 4 schedule a meeting of the Members to be held not later than thirty (30) days after the date on which Declarant's right to appoint the members of the Board ends, at which meeting the Members shall elect an entire new Board. The Board may also appoint various committees and may appoint a manager who shall, subject to the direction of the Board, be responsible for the 2 day -today operation of the Association. The Board shall determine the compensation to be paid to any manager or any other employee of the Association. Notwithstanding anything contained 15 5206415.7111825.001 Pg:16 of 30 in the foregoing or elsewhere in this Declaration to the contrary, Declarant shall have the right to designate and to determine the compensation to be paid to the initial manager for the Association. The Board shall have the authority to expand the definition of Common Use Areas. 73 Role of Association. The Association's primary responsibilities will be the maintenance of all Common Use Areas and the administration and enforcement of this Declaration. 7.4 Association Rules. The Board may, from time to time and subject to the provisions of this Declaration, adopt, amend and repeal Rules to be ]mown as the Mercado del Rio Property Owners Association Rules, which shall apply to, restrict and govern the use of the Property and the Lots. The Rules shall not be inconsistent with this Declaration, or the Articles or Bylaws of the Association. Upon adoption, the Rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. 7.5 Personal Llsbility. None of Declarant, the Board Members, Association committee members or officers, nor any manager or other employee of the Association shall be personally liable to any Member, or to any other Person, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, the manager, any representative or employee of the Association or any committee, committee member or officer of the Association. ARTICLE 8 MEMBERSHIPS AND VOTING 8.1 Owners of Lots. Each Owner of a Lot originally established by the Plat shall automatically be a Member of the Association. Each such Membership shall be appurtenant to and may not be separated from ownership of the Lot to which the Membership is attributable, and joint ownership or ownership of undivided interests in any Lot which establishes a Membership shall not cause there to be more Memberships than the number established for purposes of this Section 8.1. Each Owner shall have one (1) Membership for each Lot owned by such Owner within the Property as shown on any Plat. If any W originally established by the Plat is further subdivided, the Membership attributed thereto shall be allocated to the subdivided portions thereof as provided in the applicable recorded resubdivision plat, record of survey or other document effecting the subdivision of such Lot. If two (2) or more Lots originally established by the Plat are combined, the Memberships attributed thereto shall be allocated to the resulting combination of Lots. 8.2 Right to Vote: DeclaranVs Retention of Class B Voting Rights. No change in 7 the ownership of a Membership shall be effective for voting purposes unless and until the Board is given actual written notice of such change and is provided with satisfactory proof thereo£ The vote for each such Membership must be cast as a unit and fractional votes shall not be allowed. If a Membership is owned by more than one Person or entity and such Owners are unable to agree amongst themselves as to how their vote or votes shall be cast, they shall lose the right to vote on the matter in question. If any Member casts a vote representing a certain Membership, it 16 5206415.7/11825.001 Pg:16 of will thereafter be conclusively presumed for all purposes that such Member was acting with the authority and consent of all other owners of the same Membership unless objection thereto is made at the time the vote is cast. in the event more than one vote is cast for a particular Membership, none of said votes shall be counted and all said votes shall be deemed void. The Association shall have two (2) classes of voting Members, as follows: 8.2.1 Class A. Class A Members shall be all Owners except Declarant. A Class A Member shall have the voting rights per Lot as reflected on the table contained in Section 9.11 below. 8.2.2 Class B. The Class B Member shall be Declarant. The Class B Member shall have SO votes as long as Declarant owns an undeveloped Lot. The Class B Membership shall automatically cease and be converted to a Class A Membership upon the happening of the first of the following events: 8.2.Z.1 The date that is one hundred twenty (120) days after the date on which Declarant ceases to be an Owner as to at least one undeveloped Lot; 8.2.2.2 December 31, 2010; or 8.2.23 The date on which Declarant in writing relinquishes its Class B Membership and/or its right to vote all Class B Memberships. 8.3 Membership Rights Each Member shall have the rights, duties and obligations set forth in this Declaration and such other rights, duties and obligations as are set forth in the Articles and the Bylaws, as the same may be amended from time to time. 8.4 Transfer of Membership. The rights and obligations of the Owner as a Member of the Association shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon transfer of ownership to an Owner's Lot and then only to the transferee of ownership of the Lot. A transferor of a Lot must notify the Board of the transfer in writing, and shall remain liable for all obligations hereunder until the transferor so notifies the Board. A transfer of ownership of a Lot may be effectuated by deed, intestate succession, testamentary disposition, foreclosure of a mortgage or deed of trust of record or such other legal process as is now in existence or as may hereafter be established under or pursuant to Applicable Law. Any transfer of the ownership of the Lot shall operate to transfer the Membership appurtenant to said Lot to the new Owner thereof. ARTICLE 944 . 7 COVENANT FOR ASSESSMENTS AND CREATION OF LIEN 4 9.1 Creation of Assessment Right; Covenants to Pay. In order to provide funds to enable the Association to pay its obligations, there is hereby created a right of assessment exercisable on behalf of the Association by the Board. Assessments shall be for Common Expenses and reserves and shall be allocated among the Lots in accordance with the Assessment Allocation Chart set forth in Section 9.11 below. All increases in Assessments, and all Special 17 5206415.7111823A01 Pg: 17 of 30-- Assessments, shall be allocated to the Lots pro-rata according to the Assessment Allocation Chart. Each Owner, by acceptance of his deed to a Lot, is deemed to covenant and agree to pay the Assessments with respect to such Owner's Lot. Each Owner failing to pay an Assessment within fifteen (15) days of the date the Assessment is due shall also pay a late charge as set by the Board from time to time. The initial late charge shall be the greater of Fifteen Dollars ($15.00) per month or ten percent (10%) of the unpaid Assessment. Late charges shall be subject to any limitations imposed by Applicable Law, The Owner shall also pay all costs and attorneys' fees incurred by the Association in seeking to collect such Assessments and other amounts. The Assessments with respect to each Lot, together with interest, costs and attorneys' fees as provided in this Section 8.1, shall also be the personal obligation of each Person who was an Owner of such Lot at the time such Assessments were levied with respect to such Lot. No Owner shall be relieved of the obligation to pay any of the Assessments by abandoning or not using his Lot or the Common Use Areas, or by leasing or otherwise transferring occupancy rights with respect to his Lot. However, upon transfer by an Owner of fee title to such Owner's Lot and with written notice to the Board, such transferring Owner shalt not be liable for any Assessments thereafter levied with respect to such Lot. The obligation to pay Assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of Assessments or set-off shall be claimed or allowed by reason of the alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or Board under this Declaration, the Articles or the Bylaws. 9.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively to promote and protect the rights and interests of the Owners and Occupants in the Property and in the Association, for the improvement and maintenance of the Common Use Areas, and for all purposes set forth in the Articles, including but not limited to, management fees, insurance premiums unless otherwise provided for, expenses for maintenance, repairs and replacements of Common Use Areas, and charges for water and other utilities for the Common Use Areas. 9.3 Reserve Fund. A portion of the Assessments levied by the Association may used to establish and maintain a Reserve Fund under control of the Board to be used of unexpected ! maintenance, repair or replacement of Improvements which the Association is obligated to i maintain, repair or replace or for the performance of other duties of the Association. The Reserve Fund shall be held and accounted for separately from other funds of or held by the i Association. 9.4 Lien for Assessments; Foreclosure. There is hereby created and established a lien in favor of the Association against each Lot which shall secure payment of all present and future Assessments assessed or levied against such Lot or the Owner thereof, together with any 4 other amounts levied against such Lot or the Owner thereof pursuant to the Association ; Documents. Such lien shall be prior and superior to all other liens affecting the Lot in question, except: (a) taxes, bonds, assessments and other levies which, by law, are superior thereto; and ; (b) the Iien or charge of any First Mortgage made in good faith and for value, whether before or after assessment or levy of such Assessment. Such liens may be foreclosed in the manner provided by law for the foreclosure of mortgages. The sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of the 18 5206415.7tt I eu.001 Pg:18 of 30 Assessments as to payments which became due prior to such sale or transfer, but shall not relieve such Lot from liability for any Assessments becoming due after such sale or transfer, or from the lien thereof. The Association shall have the power to bid for any Lot at any sale to foreclose the Association's lien on the Lot, and to acquire and hold, lease, mortgage and convey the same. During the period the Lot is owned by the Association, no right to vote shall be exercised with respect to that Lot and no Assessment shall be assessed or levied on or with respect to that Lot; provided, howcye that the Association's acquisition and ownership of a Lot under such circumstances shall not be deemed to convert the same into so-called "common areas." Recording of this Declaration constitutes record notice and perfection of the liens established hereby, and further Recordation of any claim of a lien for Assessments or other amounts hereunder shall not be required, whether to establish or perfect such lien or to fix the priority thereof, or otherwise (although the Board shall have the option to cause Recording of written notices of claims of lien in such circumstances as the Board may deem appropriate). 9.5 Other Sanctions for Non -Payment. The Board may invoke any or all of the sanctions provided for in this Declaration, or any other reasonable sanction, to compel payment of any Assessment or installment thereof which is not paid when due (a "Delinquent Amount"). Such sanctions include, but are not limited to, the following: 9.5.1 Interest and Late Fees. The Board may impose late fees for payment of any assessment or installment thereof that is not made within fifteen (15) days of the due date, and interest in such amounts as it determines are appropriate from time to time, subject to any limitations stated herein or imposed by law which such amounts shall be secured by the aforementioned liens; 9.5.2 Susuension of Rights. The Board may suspend for the entire period during which a Delinquent Amount remains unpaid the obligated Owner's voting rights and any and all other rights (except that any voting rights which are retained by Declarant as provided herein shall not be subject to suspension by the Board regardless of whether any Delinquent Amount remains unpaid with respect to the Lot or Lots subject to such voting rights) and rights to use and enjoy the Common Areas, in accordance with the procedures that conform to Applicable Law; 9.5.3 Collection of Delinquent Amount. The Board may institute an action at law for a money judgment or any other proceeding to recover the Delinquent Amount; 9.5.4 Recording of Notice. The Board may record a notice of lien covering the Delinquent Amount plus interest, late fees and accrued collection costs as provided in this Declaration. The Board may establish a fixed fee to reimburse the Association or its representative for the cost of recording the notice, processing the delinquency and recording a notice of satisfaction of the lien, and 95.5 Foreclosure of Lien. The Board may foreclose the Recorded lien against the Lot in accordance with Applicable Law relating to the foreclosure of realty mortgages (including the right to recover any deficiency). 19 5206415.711IC5.001 Pg:19 of 30. 9.6 Computation of Annual Assessments; Annual Budget. The Board shall adopt a budget for each fiscal year of the Association, which budget shall serve as the basis for determining the Annual Assessments for the applicable fiscal year. The annual budget shall include contributions to the Reserve Fund described in Section 9.3 above. Within a reasonable period following the meeting of the Board at which it adopts the budget for the year in question, the Board shall deliver or mail to each Owner a copy of the budget and a statement of the amount of Annual Assessments to be levied against each Lot for that year. In the event the Board fails to adopt a budget for any fiscal year prior to commencement of such fiscal year, then until and unless such budget is adopted, the budget (and the amount of the assessments provided for therein) for the year immediately preceding shall remain in effect. Except as provided in Section 9.8, neither the budget nor any Annual Assessment levied pursuant thereto shall be required to be approved by the Owners. 9.7 Due Dates. Assessments for each fiscal year shall be due and payable as determined by the Board. Assessments shall be deemed paid when actually received by the Association or by its designated manager or agent (but if any Assessments are paid by check and the bank or other institution upon which such check is drawn thereafter dishonors and refuses to pay such check, those Assessments shall be deemed not paid and shall remain due and payable with interest accruing from the date such Assessments were originally due). If the Board collects assessments on any basis other than annually, there shall be a late fee on each installment not paid within fifteen (IS) days of its due date. 9.8 Marimum Annual Assessment. The Assessments provided for under Section 9.6 shall not at any time exceed the "Maximum Annual Assessment," as determined in accordance with this Section 9.8. For the fiscal year aiding December 31, 2005, the Maximum Annual Assessment for each Lot shall be determined by the Board. Thereafter, except as provided below, unless a greater increase is approved by a vote of more than fifty percent (50'/0) of the votes of the Members represented in Person or by proxy at a meeting of Members called for such purpose at which a quorum is present, the Maximum Annual Assessment for any fiscal year shall be equal to the Maximum Annual Assessment for the immediately preceding fiscal year automatically increased by an amount not exceeding ten percent (100%) of the previous Annual Assessment. Further, notwithstanding the foregoing, the Board may, without the approval of the Members, increase the Maximum Annual Assessmeut for any fiscal year by an amount sufficient to permit the Board to meet any increases over the preceding fiscal year in: (i) premiums for any insurance coverage required by this Declaration to be maintained by the Association; and (u7 charges for utility services necessary to the Association's performance of its obligations under this Declaration, notwithstanding the fact that the resulting increase in the Maximum Annual Assessment is greater than otherwise permitted under the third sentence of 2 this Section 9.8. Increases in Annual Assessments shall be subject to any limitations imposed by Applicable Law. 9.9 Special Assessments. In addition to the Annual Assessments under Section 9.6, the Association may levy a Special Assessment but only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital 7 Improvement owned by the Association or for defraying other extraordinary expenses. Special Assessments shall be assessed uniformly among the Owners. 20 5206415.7nin5mi Pp: 20 of 9.10 Transfer Fee. To ensure that the Association will have adequate funds to meet its expenses or to purchase necessary equipment or services, each Person who purchases a Lot shall, immediately upon acquiring title to such Lot, shall pay into the Association an operating expense fee of $500.00 or such greater amount as is from time to time determined by the Board. Funds paid to the Association pursuant to this Section 9.10 may be used by the Association for payment of operating expenses or any other purpose permitted under this Declaration. Payments made pursuant to this Section 9.10 shall be nonrefundable and shall not be onset or credited against or considered as advance payment of the Annual Assessment or any other Assessments levied by the Association pursuant to this Declaration. Payments made pursuant to this Section 9.10 shall not be used in calculating the Maximum Annual Assessment pursuant to Section 9.8 hereof. 9.11 Votes and Allocation of Assessments. One (1) vote is attributable to each Lot. The allocation of the assessments among the Lots and Lot Owners is as follows: LOT ASSESSMENT PERCENTAGE 1 9.3 2 6.1 3 5.3 4 14.3 5 3.9 6 4.8 7 4.5 8 6.3 9 7.1 10 63 11 7.3 12 5.0 13 4.7 14 3.9 15 39 2 16 7.3 4 0 TOTAL 100% 21 5206415.7I11M.001 Pg: 21 of ARTICLE 10 USE OF FUNDS; BORROWING POWER 10.1 Puraoses for which Association's buds May Be Used. The Association shall apply all funds and property collected and received by it (including the Annual Assessments, Special Assessments, fees, loan proceeds, surplus funds and all finds and property received by it from any other source) for the common good and benefit of the Property and the Members and Occupants by devoting said fiords and property to, among other things, the acquisition, construction, alteration, maintenance, provision and operation, by any manner or method whatsoever, of any and all land, properties, improvements, facilities, services, projects, programs, studies and systems, within or without the Property, which may be necessary, desirable or beneficial to the general common interests of the Property, the Members and the Occupants. The following are some, but not all, of the areas in which the Association may seek to aid, promote and provide for such common benefit: maintenance of landscaping on the Property and public right-of-way and drainage areas serving the Property, maintaining the Common Use Areas as provided in this Declaration, obtaining of liability insurance, supplying of utilities and other public services, providing for communication and transportation within and dissemination of information concerning the Property, obtaining legal and accounting services for the Association, indemnification of officers and directors of the Association and generally protecting the health and safety of the Members and the Occupants. The Association may also expend its funds for any purposes which any municipality may expend its funds under Applicable Law. 10.2 Borrowing Power. The Association may borrow money in such amounts, at such rates, upon such terns and security, and for such period of time as is necessary or appropriate; provided, however. that no Lot or other portion of the Property shall be subjected to a Mortgaged or be otherwise encumbered without the approval of at the Owner thereof. 10.3 Association's Rights in Spending Funds From Year to Year. The Association shall not be obligated to spend in any year all the sums received by it in such year (whether by way of Annual Assessments, Special Assessments, fees or otherwise), and may carry forward as surplus any balances remaining. The Association shall not be obligated to reduce the amount of the Annual Assessment in the succeeding year if a surphis exists from a prior year and the Association may carry forward from year to year such surplus as the Board in its discretion may determine to be desirable for the greater financial security of the Association and the accomplishment of its purposes. 10.4 Insurance. The Association may maintain (i) insurance against liability incurred as a result of death or injury to Persons or damage to property on the Common Use Areas, (ii) directors and officers liability insurance, and/or (iii) such other insurance as the Board determines 4 appropriate with the amount and type of coverage to be determined by the Board. pp 33 9 22 520"15.7/11MMI Pg: 22 of ARTICLE 11 MAINTENANCE 11.1 Common Use Areas and Public Rights -of -War. The Association, or its duly delegated representative, shall, in the exercise of its discretion, maintain and otherwise manage, all Common Use Areas. The Association shall also maintain and replace (i) all parking spaces and pavement areas located on portions of the Property other than the Common Use Areas (ii) all landscaping installed on the Property by Declarant, and all utilities related to the landscaping. The Association may also maintain any other Improvements on Lots which are within the exterior boundaries of the Property and which are intended for the general benefit of the Owners and Occupants of the Property, except the Association shall not maintain areas which (a) Pima County or another governmental entity is maintaining, or (b) are required to be maintained by the Owners of Lots. The Association shall, in the discretion of the Board: 11.1.1 Reconstruct, repair, replace or rcfinish any Improvement or portion thereof upon Common Use Areas; 11.1.2 Replace injured and diseased trees and other vegetation on any Common Use Areas and plant trees, shrubs and ground cover to the extent that the Board deems necessary for the conservation of water and soil and for aesthetic purposes, 11.1.3 Trim all shrubs on the Property so as to maintain an eighteen (19) inch height where appropriate or necessary for visibility and/or crime prevention purposes; 11.1A Place and maintain upon any Common Use Areas such signs as the Board may deem appropriate for the proper identification, use and regulation thereof; and 11.1.5 Do all such other and further acts which the Board deems necessary to preserve and protect the Common Use Areas and the beauty thereof in accordance with the general purposes specified in this Declaration. The Board shall be the sole judge as to the appropriate maintenance of all Common Use Areas and other properties maintained by the Association. Any cooperative action necessary or appropriate to the proper maintenance and upkeep of said properties shall be taken by the Board or by its duly delegated representative. 11.2 Delegation of Maintenance Resnonsibllity. In the event any of the Association Documents permit the Board to determine whether Owners of certain Lots will be responsible for maintenance of certain Common Use Areas or public right-of-way areas, the Board shall have the sole discretion to determine whether it would be in the best interest of the Owners and/or Occupants of the Property for the Association or an individual Owner to be responsible for such maintenance, considering cost, uniformity of appearance, location and other factors deemed relevant by the Board. The Board may cause the Association to contract with others for the performance of the maintenance and other obligations of the Association under this ARTICLE 11 23 52oe415.7111625.001 Pg: 23 of and, in order to promote uniformity and harmony of appearance, the Board may also cause the Association to contract to provide maintenance services to Owners of Lots having such responsibilities in exchange for the payment of such fees as the Association and Owner may agree upon. 11.3 Streetliebts. The Association, or its duly delegated representative, shall operate, maintain and replace any and all streetlights within the Property that are installed by Declarant as part of the Infrastructure Improvements, and the costs thereof shall be included in the Assessments. In its sole and absolute discretion, the Board may add additional lighting on the Lots or the Property, which the Association shall operate, maintain and replace. 11A Assessment of Certain Costs of Maintenance and Repair of Common Use Areas and Public Areas. In the event that the need for maintenance or repair of Common Use Areas and other areas maintained by the Association is caused through the act of any Member, his Occupants, customers, guests, tenants or invitees, or the guests, customers or employees of the tenants, the cost of such maintenance or repairs shall be due within thirty (30) days of notice and shall be added to, and become a part of, the Assessment to which such Member and the Member's Lot is subject, and shall be secured by the Assessment Lien. Prior to submitting a bill for such costs, the Board shall cause a notice to be sent to Owner specifying the maintenance or repairs and Owner small have the right to object to his responsibility. Following the Board's consideration of such objection, the Board may absolve the Owner or demand that Owner pay the bill within the thirty (30) day period provided above. The decision of the Board shall be final and binding. Any charges or fees to be, paid by the Owner of a Lot in connection with a contract entered into by the Association with an Owner for the performance of an Owner's maintenance responsibilities shall also become a part of such Assessment and shall be secured by the Assessment Lien. 11.5 Improper Maintenance and Use of Lots. The Owners of the Lots shall be responsible for maintenance of the Lots (excluding the Common Use Areas), including, but not limited to, the parking spaces, all paved surfaces within a Lot, the Buildings and improvements on a Lot, any and all lighting on a Lot and all utilities on a Lot. In the event any portion of any Lot is so maintained as to present a public or private nuisance, or as to substantially detract from the appearance or quality of the surrounding Lots, or in the event any portion of a Lot is being used in a manner which violates this Declaration, or in the event the Owner of any Lot is failing to perform any of its obligations under this Declaration or the other Association Documents, the Board may by resolution make a finding to such effect, specifying the particular condition or conditions which exist, and pursuant thereto give notice thereof to the offending Owner that unless corrective action is taken within fourteen (14) days, the Board may cause such action to be taken at said Owner's cost. If at the expiration of said fourteen (14) day period of time the requisite corrective action has not been taken, the Board shall be authorized and empowered to 4 cause such action to be taken (either by undertaking such corrective actions or bringing suit to compel the offending Owner to undertake such corrective action) and the cost thereo4 together with any attorney's fees expended by the Association in connection therewith, shall be added to, and become a part of, the Assessment to which the offending Owner and the Owner's Lot is subject, if any, and shall be secured by the Assessment Lien. 24 520ua15.7n1825.00r Pg: 24 of 30 11.6 Conveyance of Infrastructure Improvements. Upon completion of construction of the Infrastructure Improvements, Declarant shall execute and deliver a quit -claim deed of Block A to the Association and a quit -claim assignment of the Infrastructure Improvements to the Association. Upon the delivery of such deed and such assignment, the Association shall be deemed to have assumed all responsibility for Block A and the ongoing maintenance, repair and restoration of the Infrastructure Improvements. After conveyance of Block A to the Association, the Association shall not further convey Block A without the consent of Members entitled to at least two-thirds (213) of the votes of all Members in the Association. ARTICLE 12 RIGHTS AND POWERS OF ASSOCIATION 12.1 Association's Rights and Powers as Set Forth in Articles and Bylaws. In addition to the rights and powers of the Association set forth in this Declaration, the Association shall have such rights and powers as are set forth in the other Association Documents. Such rights and powers, subject to the approval thereof by any agencies or institutions deemed necessary by Declarant, may encompass any and all things which a Person could do or which now or hereafter may be authorized by Applicable Law, provided. however that such other Association Documents are not inconsistent with the provisions of this Declaration and are necessary, desirable or convenient for effectuating the purposcs set forth in this Declaration. Copies of the Articles, the Bylaws and any Rules of the Association shall be available for inspection at the office of the Association during reasonable business hours. 12.2 Rights of Enforcement of Provisions of This and Other Instruments. The Declarant, for so long as it owns any portion of the Property within the Plat and/or controls voting rights of a Class B Member as set forth in Section 8.2 above, and the Association, as the agent and representative of the Members, shall each have the right to enforce the provisions of this Declaration. However, if Declarant or the Association shall fail or refuse to enforce this Declaration or any provision hereof for an unreasonable period of time after written request to do so, then any Member may enforce them on behalf of the Association, by any appropriate action, whether in law or in equity, but not at the expense of the Association, unless the Board, in its business judgment, has affirmatively determined that it would be inappropriate under the circumstances to seek or permit such enforcement, in which latter case enforcement shall not be permitted by any Member and no Member may bring an action against the Board or Declarant for failure to so enforce or permit the enforcement of the Association Documents. 12.3 Contracts with Others for Performance of Association's Duties. Subject to the restrictions and limitations contained herein, the Association may enter into contracts and transactions with others, including Declarant and its affiliated companies, and such contracts or transactions shall not. be invalidated or in any way affected by the fact that one (1) or more directors or officers of the Association, or members of any committee, is employed by, or otherwise affiliated or connected with, Declarant or its affiliates, provided, however, that the fact 4 of such interest shall be disclosed or known to the other directors acting upon such contract or 2 transaction, and provided further, that the transaction or contract is fair and reasonable. Any such director, officer or committee member may be counted in determining the existence of a quorum 25 5206415.7111825.001 Pg: 25 of at any meeting of the Board or committee of which he is a member which shall authorize any contract or transaction described above or grant or deny any approval sought by Declarant or its affiliated companies or any competitor thereof and may vote thereat to authorize any such contract, transaction or approval with like force and effect as if he were not so interested. 114 Public Arts. Subject to obtaining any required approval from the Town, all funds to be provided by Owners for use for art in public areas of the Project in accordance with the Town Code of the Town shall be (i) used and expended for and with respect to the Property as a whole, and not for or with respect to particular Lots, and (ii) administered and expended by Declarant, until such time as Declarant ceases to be a Class B Member, and thereafter the Board. ARTICLE 13 TERM; AMENDMENTS; TERN MATION 13.1 Term: Method of Termination. This Declaration shall be effective upon the date of its Recordation and, as amended from time to time, shall continue in full force and effect for a term of twenty (20) years from the date this Declaration is Recorded From and after said date, this Declaration, as amended, shall be automatically extended for successive periods of ten (10) years each, unless there is an affirmative vote to terminate this Declaration by the then Members casting sixty-seven percent (674/o) or more of the total votes cast at a meeting held for such purpose within six (6) months prior to the expiration of the initial effective period hereof or any ten (1O)year extension. This Declaration maybe terminated at anytime if (i) ninety percent (90%) of the votes entitled to be cast by the Members have be= cast in favor of termination at a meeting held for such purpose, and (ii) if Declarant at that time owns a Lot, Declarant has voted in favor of termination. Anything in the foregoing to the contrary notwithstanding, no vote to terminate this Declaration shall be effective unless and until the written consent to such termination has been obtained, within a period from six (6) months prior to such vote to six (6) months after such vote, from the holders of First Mortgages to which the Assessment Lien is subordinate pursuant to Section 9.3 above, on seventy-five percent (75%) of the Lots upon which there are such First Mortgages. if the necessary votes and consents are obtained, the Board shall cause to be Recorded a Certificate of Termination, duly signed by the President or Vice President and attested by the Secretary or Assistant Secretary of the Association, with their signatures acknowledged Upon such Recording, this Declaration and the Covenants set forth herein shall have no further force and effect, and the Association shall be dissolved pursuant to the terms set forth in its Articles. 13.2 Amendments. This Declaration may be amended by a Certificate of Amendment, duly signed and acknowledged. The Certificate of Amendment shall set forth in full the amendment adopted, and, except as provided in Section 13.3 below, shall certify that, at a meeting duly called and held pursuant to the provisions of the Articles and Bylaws, the Owners casting at least seventy-five percent (75%) of the votes then entitled to be cast voted affirmatively for the adoption of the Amendment and by Declarant, if Declarant at that time owns a Lot. 3 13.3 Right of Amendment to Correct Drafting Errors. Declarant reserves the right to amend all or any part of this Declaration to such an extent and with such language as may be 26 5206413.7/l IV5.001 Pg: 26 of appropriate to correct drafting errors. Any such amendment shall be effected by the Recording of a Certificate of Amendment duly signed by or on behalf of Declarant, with its signature acknowledged. ARTICLE 14 BOARD OF DIRECTORS POWER TO ENFORCE 14.1 Board of Directors Power to Enforce. The Board of Directors shall have the authority to enforce all uses and restrictions contained in this Declaration and all decisions of the Board. The Board shall act as the final arbiter of any dispute related to the uses and restrictions contained in ARTICLE 5. ' The Board shall act as the final interpreter of any of the provisions in this Declaration and all Rules and Design Guidelines. The Board shall adopt reasonable Rules for the conduct of any disputes or disagreements as to or involving the provisions of this Declaration, the Rules and the Design Guidelines. ARTICLE 15 GENERAL PROVISIONS 15.1 Interpretation of the Covenants. Except for judicial construction, the Association, by its Board, shall have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association's construction or interpretation of the provisions hereof shall be final, conclusive and binding as to all Persons and property benefited or bound by the Covenants and provisions hereof. 15.2 Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof: 15.3 Perpetuities and Restraints on Alienation. If any of the options, privileges, Covenants or rights created by this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provision shall continue until twenty-one (21) years after the death of the last living survivor of the now living descendants of the President of the United States on the date hereof 15.4 Rules. In addition to the right to adopt Rules pertinent to the matters expressly 1 mentioned elsewhere in this Declaration, the Board shall have the right to adopt Rules with respect to all other aspects of the Property and the Association's rights, activities and duties, 7 provided said rules and regulations are not expressly inconsistent with the provisions of this 4. Declaration. 3 15.5 References to the Covenants in Deeds. Deeds to, and instruments affecting, any 4 Lot or any other part of the Property may contain the Covenants herein set forth by reference to this Declaration, but regardless of whether any such reference is made in any Deed or instrument, each and all of the Covenants shall be binding upon the grantee, Owner or other Person claiming 27 5206415.7111925.001 Pg: 27 of by, through or under such Deed or instrument and each of their heirs, executors, administrators, successors and assigns. 15.6 Gender and Number. Wherever the context of this Declaration so requires, words used in the masculine gender shall include the feminine and neuter genders, words used in the neuter gender shall include the masculine and feminine genders, words in the singular shall include the plural, and words in the plural shall include the singular. 15.7 Captions and Titles. All captions, titles or headings of the Articles and Sections in this Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof 15.8 Notices. If notice of any action or proposed action by the Board or any committee or of any meeting is required by Applicable Law, by this Declaration or by resolution of the Board to be given to any Owner or Occupant then, unless otherwise specified herein or in the resolution of the Board, such notice requirement shall be deemed satisfied if notice of such action or meeting is mailed by fast class mail, postage prepaid, addressed to the intended recipient at the address of any Lot of which such Person is an Owner or Occupant. This Section shall not be construe to require that any notice be given if not otherwise required and shall not prohibit satisfaction of any notice requirement in any other manner. 15.9 Waiver. The waiver of or failure to enforce any breach or violation of this Declaration will not be deemed a waiver or abandonment of any provision of this Declaration or a waiver of the right to enforce any subsequent breach or violation of this Declaration. The foregoing shall apply regardless of whether any Person affected by this Declaration (or having the right to enforce this Declaration) has or had knowledge of the breach or violation. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above written. Lawyers Title Agency of Arizona, an Arizona Limited Liability Company as Trustee under Trust No. 180 tT Trust Offi AA �4 7 4 0 0 3 4 5 28 5206415.7l11825.001 Pg: 28 of t STATE OF ARIZONA ) ) ss. COUNTY OF PIMA ) -147 On this U day of `yC/;LiiL 2004, before me, the undersigned officer, personally appeared, w o acknowledged himself to be, Trust Officer of Trust No.18080-T: whom I know personally; whose identity was proven to me on the oath of . a credible witness by me duly sworn; whose identity I verified on the basis of his and he, in such capacity, being authorized so to do, executed the foregoing instrument for the purposes therein contained on behalf of that entity. IN WITNESS WHEREOF, I he %Ssetrny hand and offi al seal. NOTARYSEAL: -- — - Notary Public *V)orr. OFr'lC1AL SEALDORIS J- CLARKNOTARY PUBLIC-ARIZONAPIMA COUNTY _xP: March 7, 2008 5206415.7/11 M.001 29 Pg: 29 of 4 7 4 GENERAL NOTES: 1. DEVELOPER WILL COVENANT TO HOLD TOWN OF ORO VALLEY, ITS SUCCCESSORS AND ASSIGNS, HARMLESS IN THE EVENT OF FLOODING. 2. DRAINAGE WILL NOT BE ALTERED, DISTURBED OR OBSTRUCTED WITHOUT THE APPROVAL OF THE ORO VALLEY TOWN COUNCIL. 3. ACCESS ACROSS FLOOD PRONE AREAS TO BUILDING SITES WILL BE APPROVED BY THE TOWN ENGINEER AND SHALL BE THE RESPONSIBILITY OF THE DEVELOPER. 4. APPROVED IMPROVEMENT PLANS AND APPROVED ASSURANCES WILL BE REQUIRED PRIOR TO ISSUANCE OF GRADING PERMITS. 5. THE WATER DISTRICT FOR THIS DEVELOPMENT IS THE ORO VALLEY WATER UTILITY COMPANY, WHICH HAS BEEN DESIGNATED AS HAVING AN ASSURED 100 YEAR WATER SUPPLY BY THE DIRECTOR OF WATER RESOURCES. THE PROJECT WILL BE SERVED BY AN EXIST 8" MAIN ON —SITE. 6. ON —SITE SANITARY SEWERS WILL BE PRIVATE AND WILL BE CONSTRUCTED, OPERATED AND MAINTAINED ON THE PRIVATE BASIS. THE LOCATION AND METHOD OF CONNECTION TO AN EXISTING PUBLIC SANITARY SEWER IS SUBJECTED TO REVIEW AND APPROVAL BY THE PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT. AT THE ITEM OF SUBMITTAL OF PLUMBING OR BUILDING PLANS. 7. MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES SHALL BE PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED 30 INCHES AND 72 INCHES ABOVE FINISHED GRADE OF THE ROADWAY SURFACE. 8. ANY WASTEWATER DISCHAEGED INTO THE PUBLIC SANITARY SEWERAGE SYSTEM SHALL MEET THE REQUIREMENTS OF THE INDUSTRIAL WASTE ORDINANCE (PIMA COUNTY ORDINANCE NO. 1991-140, AS AMENDED). 9. A PROJECT CONSTRUCTION PERMIT MUST BE SECURED FROM PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT BEFORE BEGINNING ANY WORK ON THIS PROJECT. 1-0. IF DRAINAGE WAYS ARE TO BE CONSTRUCTED, THEY WILL BE CONSTRUCTED ACCORDING TO APPROVED PLANS PRIOR TO THE ISSUANCE OF BUILDING PERMITS FOR THIS PROJECT. 11. DESIGN SPEED IS 25 M.P.H. DESIGN VEHICLE IS SU-30 12. ANY RELOCATION, MODIFICATION, ETC. OF EXISTING UTILITIES AND/OR PUBLIC IMPROVEMENTS NECESSITATED BY THE PROPOSED DEVELOPMENT WILL BE AT NO EXPENSE TO THE PUBLIC. 13. THE FOLLOWING UTILITIES WILL PROVIDE SERVICE TO THIS DEVELOPMENT: (A) ELECTRIC TUCSON ELECTRIC POWER COMPANY (B) GAS SOUTHWEST GAS COMPANY (C) WATER ORO VALLEY WATER UTILITY COMPANY (D) SEWER PIMA COUNTY WASTE WATER (E) TELEPHONE U.S. WEST COMMUNICATIONS (F) FIRE PROTECTION GOLDER RANCH FIRE DEPARTMENT (G) CABLE TELEVISION JOKES INTER CABLE 14. DRAINAGE WAYS WILL BE CONSTRUCTED ACCORDING TO APPROVED PLANS PRIOR TO THE ISSUANCE OF ANY PERMIT FROM THE TOWN ENGINEER AND/OR BUILDING OFFICIAL FOR LOTS 5 THRU 12. 15- THIS PROJECT HAS PROPOSED AND OR EXISTING WASTEWATER FIXTURE UNIT EQUIVALENT, PER TABLE 13.20.040 (F)(1) IN PIMA COUNTY CODE 13.20.040 (F) 16. MAINTENANCE AND OPERATION OF THE PRIVATE SANITARY SEWER TO ITS POINT OF CONNECTION TO THE PUBLIC SEWER IS THE RESPONSIBILITY OF THE PROPERTY OWNER OR BUSINESS OWNER'S ASSOCIATION. 17. THE PROPERTY OWNER, HIS SUCCESSOR AR ASSIGNS AGREE TO: (1) KEEP ALL REQUIRED LANDSCAPE AREAS MAINTAINED IN A WEED FREE, TRASH FREE (2) REPLACE ANY DEAD PLANT MATERIALS WITHIN 90 DAYS. (3) MAINTAIN THE IRRIGATION SYSTEM IN A PROPER WORKING ORDER. 18. ANY OUTDOOR LIGHTING SHALL MEET THE STANDARDS OF THE OVZCR, CHAPTER 13-105 AND CHAPTER 17 19. BASIS OF ELEVATION: —THE BASIS OF ELEVATION IS PANEL POINT #31 IN CONCRETE DECK OF DRAINAGEWAY PER SAID RS ENGINEERING PLANS. SAID ELEVATION BEING 2533.52 (NAVD88 DATUM). SUBSTRACT 2.1' FROM NAVD88 DATUM AS SHOWN HEREON TO ARRIVE AT FEMA DETUM PER FEMA REFERENCE MARK #347. 20. BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PROJECT IS THE EAST LINE OF SECTION 12, BETWEEN THE SOUTHEAST CORNER AND THE EAST 1/4 CORNER THEREOF PER TOWN OF ORO VALLEY, PUSCH VIWE LANE EXTENSION PLANS BY RS ENGINEERING, JOB 1`40.0204.00 SAID BEARING BEING NORTH 00"50'39" WEST. 21. IF LOTS ARE TO BE SOLD WITHIN A COMMERCIAL SUBDIVISION, "PROPERTY'S ASSICIATION WILL BE FORMED TO ACCEPT REPONSABILITY FOR MAINTENANCE. CONTROL, SAFETY, AND LIABILITY OF PRIVATE DRAINAGE EASMENTS AND COMMON AREAS" 22. NO BUILDING SHALL EXCEED (2) STORIES IN HEGHT AND THE EXTERIOR HEIGHT SHALL NOT EXCEED 30 FEET AND SHALL NOT BE LESS THAN 10 FEET BETWEEN ANY ACCESSORY BUILDING AND MAIN BUILDING AND MINIMUM 20 FEET FROM FRONT YARD. BUILDING SETBACK REQUIREMENTS FOR FRONT ARE 20'-0", REQUIREMENT FOR SIDE 0'-0" AND REQUIREMENT FOR REAR OF BUILDING 0'-0" 23. ALL COMMERCIAL BUILDING SHALL BE LANDSCAPED ON ALL FOUR SIDES OF THE BUILDING. ALL BUILDINGS WITH DRIVE —THROUGH FACILITY SHALL MEET LANDSCAPE REQUIREMENTS OF SECTION 14-205. KORY ENGINEERING, INC. CONSULTING ENGINEERS 590 N. Morley Ave. Nogales, Az. 85621 1( 520-287-241415103 287-3411 Fax Job No. 07-54 Jan 11, 2008 DEVELOPMENT PLAN FOR MERCADO DEL RIO -----__ P USCH VIEW _LAN_E_ -_ _ -- - - - - - -------------- ---- NOTES AND CALCULATIONS Marriott SpringHill Suites at Mercado Del Rio Oro Valley, Arizona Owner: Oro Valley Hospitallity, LLC. Mike Karam (520) 281-7600 Architect: Burton and Associates, Architects 2102 N. Country Club Rd. #9 Tucson, Arizona 85716 (520) 629-9752 Fax (520) 798-3341 Zoning Ordinance: TOWN OF ORO VALLEY Zoning C-2 Site Data: Site Area 106,230 sf Net 2.438 acres Legal: LOT 4 MERCADO DEL RIO Parcel No. 224-82-2560 Marriott Building Hotel area 52,310 sf First Floor & Landscape Area 40,049 sf ( 37.7 %) Occupancy Group RI Type of Construction VB Parking Alternative Parking Proposal See Submitted Letter i Floor SITE i 2 7 Ix- TT`HI SUNSUB - PROJECT AN _BOZO Wa s xSUE UN , -- — i• : - i r s ,.� 7 .'1 ` ! h } UNSJa:Dt DE[) y i 13 18 LOCA110N MAP SECTION 12, T 12 S, F 13 L G & SPY, TCV�N OF ORO VALLY e Pi?MA COUNTY, ARC 7_ONA LA 32" 2352" .ONQTJCE 110" 57'48" PIMA CCUNTY DATUM Material Legend - Aggregate base course Asphaltic concrete Concrete Wood (rough framing) - Wood (Blocking) Finished wood Metal / wood stud wall (see plan) Batt Insulation II- Rigid Insulation - ----- Plywood Gypsum wallboard, stucco or plaster ll I I�I� Sheet metal (elevation) Architectural masonry Standar concrete masonry 1 /� Structural steel - - Ceramic tile DRAWING INDEX Sheet No. Sheet Description DEVELOPMENT PLAN 1 of 3 Cover Sheet 2 of 3 Site Plan for Lot 4 3 of 3 Grading and Drainage Plan For Addressing Use Only DEVELOPMENT PLAN FOR: Marriott SpringHill Suites at Mercado Del Rio a `Qi+' less arta, "' ��tf«ArFa�•¢ Lot 4 -Mercado Del Rio Book 59 Page 28 f^ ALEXANI E OV12-06-211 Portion of the Southeast 1/4 of Section 12, Township 12 South, Range 13 East � Gila and Salt River Base and Meridian, ay,s Town of Oro Valley, PIMA County, Arizona Scale 1" = 100' SHEET 1 OF 4 M , P. KORY ENGINEERING, INC. CONSULTING ENGINEERS 590 N. Morley Ave. Nogales, Az. 85621 520-287-241415103 287-3411 Fax Job No. 0 7-54 Jan 11, 2008 �i v�ofinrt rtn_rnn �r.ltn.](TP Section 12, Township 12 South, Range 13 East Gila and Salt River Base and Meridian, Town of Oro Valley, PIMA County, Arizona Scale 1"= 30' SHEET 2OF4 2 „_�qCsAf 00 S��o 3 rz� Provide Retaining wall 109 foot Max height 3 foot Drainage Rip Rap to be changed to allow for parking and continue to ollect and transport water to drainage fir property. ----See revised Drainage Cal tlations ------------- ,9.73 C 149.68 R /\ FS 41-83 \ FS 41.83 FS 41.63 �o /0 FS 4 � \'%jS 41.63 %' 0 FS 41 41.33 - .75 FS41.83 FS 41-75 F 3 FS 40.0 %' rah FS40.0 \ / to BFS 41.33 Canada Del Oro Wash 5 ow fro irs Flust►� \!1, \ �L. F 37.6 FS-39 2 FS 37.60 i FS 37.70 0 o FS 37.5 o, C First Flush System 1750 galon in 36 X 20 foot length flow rate 1.5 cfs i ADS Model 3620WQA 96) \ 0�' N18025'12"E 15.0 LEGEND 40 Proposed Contour 96 TC 40.81 Top of Curb Elevation FS41.83 Finished Surface Elevation Existing Grades - - ----- --- ---- Storm Water Drain KORY ENGINEERING INC. Job No. CONSULTING ENGINEERS 07-54 590 N. Morley Ave. Nogales, Az. 85621 Jan 03, 2008 520-287-2414 / 5103 287-3411 Fax _N71 °32'39"E 497.85 C N71 °28'06"E 497.72 R 348�M�3� Marriott SpringHill Suites FFE 42.0 S 41 4� FS 41.13 IFS 40.00 O FS 41.0 am 39.25 FS 39. t° toh�a� �I TC FS �8 d FS 41_ FS 40.87 a, jai \J9°000 6 gyp% 41 SAP Spq FS 4014144 FS 40.20 96 L \2968 94f 3R Existing rip -rap drainage (typical) rJ4 FS 41.70 r.: �_4 N N Fnd 1/2;" pin RLS 17479 TC 42.4 F 1 TC 42.4 FS41.9 IV FS41.8 Soa 4201 oFS41.6D i I i 1 r r r I r i ! IoFS41.70 FS--41.83 r ---- --- r -------------------------- ------------------------------------ ' r > I --------w---------- ----- --- W---- ---FS49=&3-,1 N77°21'S4"E ----- 4.60 ---- ----- _ s i N77°15'SS��E----------------------------- i �`, Vuelta 174.23 R---FS41.65 Ca-minata4 Del Rio FS41.65 - --- ------ ------ -- --- �' FFS41.50_ -------------------------- r � , FS41.42 • " .50 FS 41.70 y ' SA r (Z) ; `\ r FS41 r i ` V cri rrr ,r Owner / Developer: Architect: CTJ Oro Valley Hospitality, LLC. Burton and Associates, Architect Mike Karam 2102 N. Country Club Rd. #9 o i (520) 281-7600 Tucson, Arizona $5716 ,,oR, (520) 629-9752 Fax (520) 798-3341 O c ' - 1021 1.50 A1.EXAN E 1 DEVELOPMENT PLAN FOR: / Marriott Sprin Hill Suites at Mercado Del Rio Lot 4 - Merca o Del Rio Book 59 Page 28 OV12-06-21 Nothing found or set Portion of the Southeast 1 /4 of position calculated Section 12, Township 12 South, Range 13 East 39 �-� \�9so C;Bos; Gila and Salt River Base and Meridian, 2R , ;;;\i Town of Oro Valley, PIMA County, Arizona " a s°�84 Scale 1 " - 21 ' SHEET 3 OF 4 6 - I9li ED NOTES: 1) INSTALL A TWO-WAY CLEANOUT 5 FEET FROM BUILDING. 2) FOR CONTINUATION OF SEWER LINE INTO BUILDING, SEE ARCHITECT'S DRAWINGS. TWO WAY CLEANOUT NTS. HYDRODYNAMIC SEPARATOR CYLINDER SHELL (OPEN TUBE TANGEMTIAL INLET (6" SCH 40 PVC EQUIV. l.D.) \ u INLET PIPE INLET FLANGE CONNECTO 48" SELF-LIFTIN LET BAFFLE 1NTING GUIE REINFORCED CONCRETE VESSEL A EZ-LIFT MANHOLE ACCESSS OUTLET PIPE CUTLET BAFFLE INTERNAL BYPAS! INTERNAL ACCESS/ OBSERVATION PORT OVERFLOW BAFFLE ■11l�`■ ■� . Oul ■■■' ■I■i OUTLET THROUGHWAY SUPPORT PLATFORM CIRCULAR SUPPORT FLANGE A NOTES: 1. RECOMMEND FLEXIBLE PIPE CONNECTIONS 2. ACTUAL INSTALLED ELEVATIONS MAY VARY SLIGHTLY Model A B C D DVS-60 72" 60" 15 168" DUAL -VORTEX HYDRODINAMIC SEPARATOR - --- - NTS KORY ENGINEERING, INC, CONSULTING ENGINEERS 590 N. Morley Ave. Nogales, Az. 85621 114 520-287-2414 / 5103 287-3411 Fax Job No. 07=54 Nov 15, 2007 FINISHED GRADE OR ::; 10' 18" 15 TO BE SAME SCILAkE DIAMETER AS SEWER LINE STUB OUT FL -- STANDARD 118 WYE BRANCH IE ELEVATION PER PLAN 12" CAST IRON VALVE BOX FRAME AND COVER. RIM ELEVATION PER PLAN. SECTION OF 12" METALLIC OR PLASTIC PIPE CONCRETE BACK FILL TO TOP OF 118 BEND WITH 1" MAXIMUM AGGREGATE NOTE: IN PAVED AREAS, USE TRAFFIC RATED BOX AND INTERLOCKING RING AND COVER PER DEFTER FOUNDARY INC #1810 OR EQUIVALENT. C CLEAN OUT B NTS. � I PUSCH VIEW LANE Op I r � I MATCH EXIST Q100MAX=63.0 cfs TOP WIDTH=14.6 fT VEL MAX=4.9 FPS DEPTH MAS=1.62 ft 57 5 FB=1.0' MIN {VOTE: THE CONTRACTOR SHALL EXCAVATE AND REMOVE THE SOIL UNDER THE RIP RAP PAD SO THAT THE TOP OF THE RIP RAP PAD WILL MATCH THE FINISHED ELEVATION CALLED OUT ON THE PLAN. PROPOSED 18" SRP FIRST FLUSH SYSTEM 1750 GALLON MIN 36" x 20 FT LENGTH FLOW RATE 1.5 CFS ADS MODEL 3620WQA OR DUAL -VORTEX HYDRODYNAMIC SEPARATOR MODEL DVS-60 RIP RAP SLOPE PROTECTION D50=8" MIN. T=16" MIN OVER .FILTER FABRIC MIRAFI 140 OR EQUIVALENT (TYP) CD 1 TYPICAL DRAINAGE CHANNEL SECTION i ALONG NORTH PROP LINE NTS DEVELOPMENT PLAN FOR: Marriott Springhills Suites at Mercado -Del Rio Lot. 4 - Mercado Del Rio Book 59 Page 28 OV12-06-21 Portion of the Southeast 1 /4 of Section 12, Township 12 South, Range 13 East Gila and Salt River Base and Meridian, Town of Oro Valley, PIMA County, Arizona NTS SHEET 4 OF 4 CONTACT INFORMATION ARCHITECT: I3UkfON & A550CIAS5 At;CHISC5 I ICHAPP t . PUI;TON, PA 2102 NOM COUNTPY CLUB POAP, 5UIt 9 TUC50N AZ 85116 520. 629. 9752 520, -798 , 3341 FAX MARRIOT SPRING I SUITS AT THE M RCADO DEL RIO SCHEMATIC DESIGN DOCUMENTS SYM150L LEGEND 1 - DETAIL NO. 1.1 - SHEET NO. 0- DETAIL NO. 1.1 - SHEET NO. 1 - DETAIL NO. 1.1 -SHEET SHEET NO. LOCATION MAP DRAWING INDEX O,I COVED 5HFFT v I? FFP,�NCF FLOOp PLAN 5f 1`0001;, 51�CONP FI.001; R IA �XtF,101? �L�VATION5 Q } 5 r; THIS PROJECT A15I5REVIATIONS Aff. A30W 1`IN15H1�n FLOOp SECTION TAG N.I.C, NOT IN CONTACT N,T,5, Nof fo 5CAL� T0, TOP Or 13,0, 601'TOM 0r ELEVATION TAG I;.C,p, MI`L�MP OILING FLAN EXTI?101? �L�VATION TAG ADOPTED CODES 1 — DETAIL NO. 1.1 - SHEET N0, SECTION, DETAIL OR ENLARGED PLAN OWINDOW TYPE 0 REVISION O KEYNOTE Poop NUM3F1; 0 WALL TYPE 2006 INTERNATIONAL DUILDING CODE 2006 INTERNATIONAL RESIDENTIAL CODE 2005 NATIONAL ELECTRICAL CODE 2006 INTERNATIONAL ENERGY CONSERVATION CODE 2006 INTERNATIONAL MECHANICAL CODE 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE 2006 INTERNATIONAL WILDLAND-URPAN INTERFACE CODE 2006 OUTDOOR LIGHTING CODE 2006 SUSTAINADLE ENERGY STANDARD 2006 INTERNATIONAL FUEL GAS CODE WITHOUT AMENDMENTS STATE PLUMBING CODE PUBLIC & SEMI-PUBLIC SWIMMING POOLS & SPAS MAPS Off 5FP\%6H1 5u T�5 K THE M�PCAPO P�� P\\10 RO V&L. Y, AZ. COVE , 9-UT Project No, 6028 28 JAN. 08 111114- ice A R C H_ I T E C T S 2102 N, COUNTY Cl W W, #9 (1.1050N, AZ 85116 (920) 629-9952, FAX( 520) 796-3541 f`UOUDL� ID CAE )IQN & qL f7RArTING, LL 14894 5aith Avenida ted loan pad 5ahuarita AZ 85629 920. 419, 3211 doabledde5im triconet,oel 0 94111-4�1; u FIpST FLOOp FOOM5 41 5�CONP FLOOp p00M5; 51 TOTAL FOOM5: 92 MMF\ off 5pp"IN6HU sins Af IK W� XO b F 0 0F0 V&LFY, AZ FIk5T FI.001, U MNCS PLAN SF,COHP FLOOD kTFMNCS PLAN Project No. 6026 2(5 JAN, 06 A P C H- I T E C T S 2102 N. COUNOCI,Ila W. #9 t1,IC5ON, AZ 85116 (520) 629.9M, FAX MO) 798.3Ml f7OUDLE 0 rX:NQN & f7RArT]NG, LL 14894 5aAth Avenida Ved koan f cad 5ahuarita AZ 85629 520.419 , 3211 daibleddeslgn@trlconet,erq A 29'-6" M29_6" _ _ NOP,,TH �L�VATION 5CAX: 1/16' - I'-C'' 29' -6" 2nd FL00� �EII.ING NEIGNr 10' 6" AF.r, — — — r.o._wlNnow _ �— �' O" A.F.F. V95T FLFVA110N 5CAX� 1/ 16" - 1'-0" ( I 1 r m rrUAw rhuhv�, � g'�6 - - — 5CALr: 1 / 8" - 1' -0" 0---2L..LL0_� fl fl fl I! fl ff !! CEIUNC4MCK _ _ — wow (D KEYNOTES 10 -b A.F.F. ro I , 5fUCCO COPIN6 I)MIL - 8" - "�U fT P COLON -TYPICAL Al PAPMT CAP5 -o" Aff. 2, 5TUCCO COFIN6 nML - 4'' - "C;U W' COLOF - TYI'ICAI, Al FAMT BOTTOM 0 --------------- =- PML rop of s�Ar3 3, 5fXCO 5TAIN COLOI; NO. I -TYPICAL Al OTV, PLAT AEA5 4, 5TUCCO 5TAIN COLOp NO, 2 - T\BS V' 5TAIN COLOF - TYPICAL. Af 5M&L PAW 13 TMN CONTROL JOINTS CONTpOL JOINT 6, 5TOW MM - TYPICAL ALL APTA5 WITH 51MILAP. HATCHIN6 1. '' M5SP'' METAL COI:M5 8, 5TANPIN6 MFTAL 1;00F 9. 'UST�V' WA, LINTEL - TYPICAL AT ALL WINPOW5 10. CA5T CONC M 12M L -TYPICAL AT Al COLUMN5 11. 13PONZ� HVAC CAP&L� - TYPICAL AT ALL WNPOW5 12, DFAM - "1?U5TW l COLR -TYPICAL Al 5UPP01:T MAM5 13, COLUMN-'TU51W'' COLOV - TYPICAL ALL COLUMN5 14. WPOf,I6HT RON ffNCING - "1?MP" COLR 15, Wp0U6HT IFON FFNCIN6 WITH 6ATE - "I2MP" COL01? � N�ApG� b Wn)A 5C&L : 1/8" - 11-0" MAPp1Of1" SppINGNII.I, 511�5 A1" ff WpCPPO b�L p1O 0P0 VAU. Y, AZ MOIR FI.M110N5 Project No. 6026 28 -M. 08 A R C H- I T E C T S 2102 M. COLINTt Y CUP M # 9 1150N, AZ 85116 MO) 629.9952, FAX C M)198-5541 170UDLE7 D 14694 5wbh Avenida Ped Poan mad D E51 G N & 5ahuarl .a AZ 85629 f7RAFTINQ, LL 520 , 419 , 3211 dcubleddeslon@tr-�conet,a-q Master Development Plan General Notes: A. Gross site area 17.00 acres B. Estimated Graded acres 17.00 acres C. Open space required 1.7 acres D. Open space areas provided 1.8 acres E. Natural open space provided N/A F. Property Zoning C-2 G. Adjacent Zoning - North POS (Wash) East PAD (Commercial) South (Road) West (NA) H. Building Set Back - No New Buildings I. Buffer Yards required - North - Adjacent to River Paris (Open Space) No buffer yard required East - No Buffer Yard required along Commercial South - Development Public ROW 30' Buffer Yard "A" West - NA J. Adjacent Roads - Pusch View Lane K. The property owner is responsible for maintaining the irrigation system as long as necessary In order to transition plants over to natural sources. Any plant materials that die for any reason, shall be replaced in accordance with section 4-211 (Maintenance). L. The property owner shall maintain all plants within the Buffer yards to ensure unobstructed visibility to motorists (Sight Visibility Triangles). All shrubs, accents, and ground covers shall not exceed 2 feet in Height Trees will be maintained to ensure that branches/ canopy foliage is not below a height of 6 feet Master Development Plan Landscape Notes: 1. In the event of abandonment, the proposed graded areas shall be revegetated with a native desert seed mix indigenous to this area. Created slopes shall be stabilized with slope stabilization standards and seeded with native seed mix. 2. All transplant material with a 3" caliper or 6' tall shall equate to a larger than 24" box tree. 3. Desert Seed or 2" deep, 1 /2" Decomposed Granite to be placed in all landscape areas as noted. 4. Additional plants may be deemed salvageable by the zoning inspector, and shall be salvage. 5. Ail proposed building shall be landscaped on all four sides as required per Sec. 14-205.C.4. and Sec. 14-205.C.1. 6. Any outdoor lighting shall meet the standards of the OVZCR Chapter 13-1-5 and Chapter 17. 7. The location of the building pads, parking areas, landscape areas, location of loading area, dumpsters and similar code -required elements within the individual lots are conceptual and may change pursuant to the design needs of the Individual owners. Each developer of individual lots shall submit for approval a Lot -specific development plan, improvement plan, landscape plan, and architecture and shall ensure that all features of the development meet Town Codes as well as the design standards of the subdivision's CC&Rs. 8. Trees shall not be planted under outdoor lighting structure. Landscape plant material shall be arranged In a manner not to obstruct security measures per Sec. 14.205.A 17 of OVZCR. NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION. ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. LANDSCAPE LEGEND Supply and install the folkywing plant material. Landscape archked to field verify location prior to planting. All plant material to meet ANA spedfications and be of sound health and appearance. i DIG (TYP) TREES SIZE QTY Quercus virginiana 'HW I Standard Hertlage Live Oak (Ste 24" Box 11 Velvet Mesquite (Staked) 24"ndaBoxd 13 -Sophora secundiflora Standard Texas Mountain Laurel 36" Box 7 (Staked) Transplant Existing Existing 10 Foothills Paloverde (Staked) Transplant Existing Exisiting 2 Velvet Mesquite (Staked) SHRUBS/ ACCENTS SIZE QTy Pachycereus marginatus 5 Gallon 10 Mexican Fence Senna artemisioides circinata 5 Gallon 10 Autumn -flowering Senna Muhlenbergia Rigens 5 Gallon 13 Deer Grass Muhlenbergia Lindheimeri 'Autumn Glow' 5 Gal. 37 Autumn Glow Muhley Sporobolus wrightii 5 Gallon 5 Giant Sacaton Bouteloua gracilis 1 Gallon 8 Blue Grama Grass Muhlenbergia Emersleyi'EI Toro' 5 Gallon 5 El Toro Bull Grass Stipa neomexicana 5 Gallon 62 New Mexico Feathergrass Muhlenbergia capillarls 5 Gallon 53 Regal Mist Grass Leucophullum langmaniae'Lynn's Legacy 5 Gal. 40 'Lynn's Legacy Sage Opuntia vioiacea'Santa Rita' 3 Pad Min. 26 Purple Prickly Pear 5 Gallon Ruellia peninsularis 5 Gallon 6 Desert Ruellia Salvia clevelandii 5 Gallon 14 Cleveland Sage Feijoa sellowiana 5 Gallon 14 Pineapple Guava Tetraneuris acaulis 1 Gallon 37 Angelita Daisy Ficus pumila 5 Gallon 9 Creeping Fig Nolina microcarpa 5 Gallon 17 Bear Grass Dodonea viscosa 5 Gallon 13 Hopseed Bush Osteospermum fruiticosum 1 Gallon 25 Trailing African Daisy GROUND COVER/HARDSCAPE - All ground areas to be covered by concrete, decomposed granite, desert seed or turf Lantana montevidensis 1 Gallon 153 Trailing Lantana (Yellow and Purple mix) Decomposed Granite - 1/4" minus - Desert Tan or approved equal - 2" in planting areas as noted Boulder 4' x 3' x 2' 23 Boulder 2' x 2' x 1' 40 NOTES: 1. Plant quantities are provided for reference only; contractor shall provide calculations for quantities and install all plant material as shown on the plans. 2. Contractor shall notify architect of any discrepancies found on landscape sand Irrigation plans. 3. Contractor shall provide utility locator services both public and private for the project site. 4. Contractor shall feather Sized Rock edge to native soil/ seeding areas. 5. Blue Grama, Orange Bells, Trailing African Daisy and Angelita Daisy are not Included on the Oro Valley Approved Plant List. However, they are included on the Arizona Department of Water Resources list as approved plants for the Tucson area. LINE LEGEND EASEMENT LINE — — LOT LINE — — — PAVEMENT LINE — PROPERTY LINE — — -- RIGHT OF WAY — — — — — Scale: 1 "= 40' C.I. = C.I. 0 20' 40' 80' 120 ZZ LOCATION MAP ns Site General Notes: 1. Gross area of the site: 116,707 SF 2. Total acres graded: 116,707 SF 3. Total open space required: None 4. Total open space provided: None 5. Total undisturbed natural areas: None Landscape Notes: 1. All plant material to be irrigated by a fully automatic underground irrigation system complete with back flow preventer that meets all local codes. 2. Vegetation within the sight visibility triangle shall not interfere with the visibility plane described by two horizontal lines located 24 inches and 72 inches above finished grade or roadway surface. 3. Inorganic ground cover shall be placed 2" deep In all planting areas and non -paved areas. 4. This Landscape Plan shall be in conformance with the approved Native Plant Preservation Plan and Landscape Plan for OV-12-03-22 and all requirements set forth therein. Maintenance Provisions: 1. All landscape areas will be maintained on a regular basis under the supervision of the property owner. This maintenance is to include pruning, fertilizing, clearing debris and weeds, and removing and replacing dead plants. 2. All landscape areas will be irrigated using an automatic, underground irrigation system. 3. The property owner shall maintain all plants within the buffer yards to ensure unobstructed visibility to motorists. All shrubs, accents, and groundcovers shall not exceed 2 feet in height Trees will be maintained to ensure that branchestcanopy foliage Is not below a height of 6 feet pNDS�� ❑ Design Review �o WICarF E]�-f Design Development w� �F. ❑ Construction Documents i 39813 6 ERIC R. ■ Agency Review C( BARRETT ❑ Build/Prlcing Package 0o� 0 ❑ Construction Issue Si red.% qo._ 4RC STUDIOS Chris winters & associates 1TMNSCOMPANY 820 north 3rd street phoenix arizona 85004 OW E. EJ Dorado Plaza t :: 602 955 8088 suite A220 f :: 602 253 3608 'ucson, AZ 85715 N shone 520 882 9655 d a ax 520 882 4307 ft14 � vww.arcstudiosinc.00m re. urban design . environmental services . irrigation design Marriott I Agency Reference Number. Springhill Suites at The Mercado del Rio Lot 4 of Mercado Del Rio as recorder in Book 59 of Maps and Plats at Page 28 in the office of the Pima County Recorder, Pima County, Arizona Drawing Title: TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT Project No. 01-07022 Date: January 24 ,2008 Drawn by: DJR/MMV Checked by: ERB CAD File: 070M L1 ARC STUDIOS Contact: Lisa Radtke Drawing Number. L 1 1 of 4 dW, LOT LINE — — PAVEMENT LINE PROPERTY LINE — — — RIGHT OF WAY — — — -- — NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION. ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. L kNDSCAPE LEGEND Supply and Install the following plant material. Landscape architect to field ve* lotion prilor to planting. All plant material to most ANA spedflcatbns and be of sound health and aooearance. Scale: 1 "= 20' C.I. = C.I. 0 10' 20' 40' 60' TREES SIZE QTY Quer>cus vIrgInIana'H~ Standard Hertlage Live Oak (Staked) 24" Box 11 Velvet Mpleesquite (Staked) 24" Boxy 13 Sophora secundiflora Standard Texas Mountain Laurel 36" Box 7 (Staked) Transplant Existing Existing 10 Foothills Paloverde (Staked) Transplant Existing Exisiting 2 Velvet Mesquite (Staked) SHRUBS) ACCENTS SIZE Wry Pachycereus marginatus 5 Gallon 10 Mexican Fence Senna artemisioides circinata 5 Gallon 10 Autumn -flowering Senna Muhlenbergia Rigens 5 Gallon 13 Deer Grass Muhlenberrggia Lindheimeri 'Autumn Glow' 5 Gal. 37 Autumn GIow Muhley Sporobolus wrightii 5 Gallon 5 Giant Sacaton Bouteloua gracilis 1 Gallon 8 Blue Grama Grass Muhlenbergla Emersleyl 'EI Toro' 5 Gallon 5 El Toro Bull Grass Stipa neomexicana 5 Gallon 62 New Mexico Feathergrass Muhlenbergla capillaris 5 Gallon 53 Regal Mist Grass Leucophullum langmaniae'Lynn's Legacy' 5 Gal. 40 'Lynn's Legacy Sage Opuntia violacea 'Santa Rita' 3 Pad Min. 26 Purple Prickly Pear 5 Gallon Ruellia peninsularis 5 Gallon 6 Desert Ruellia Salvia clevelandii 5 Gallon 14 Cleveland Sage Feijoa sellowiana 5 Gallon 141 Pineapple Guava Tetraneuris acaulis 1 Gallon 37 Angeiita Daisy Ficus pumila 5 Gallon 9 Creeping Fig Nolina microcarpa 5 Gallon 17, Bear Grass Dodonea viscosa 5 Gallon 1 1I Hopseed Bush Osteospermum fruiticosum 1 Gallon 25 Trailing African Daisy GROUND COVER/HARDSCAPE - All ground areas to be covered by concrete, decomposed granite, desert seed or turf Lantana montevidensis 1 Gallon 1153 Trailing Lantana (Yellow and Purple mix) Decomposed Granite -1/4" minus - Desert Tan or approved equal - 2" in planting areas as noted Boulder 4' x Tx 2' 23 Boulder 2' x 2' x 1' 40 Pt1DSC� _ ❑ Design Review a �FiCArF ❑ Design Development ❑ Construction Documents 39813 CD ERIC R. ■ Agency Review a BARRETT ❑ Build/Pricing Package °of e ❑ Construction Issue S% ned qA._ ARC STUDIOS Chris winters & associates ATMHSCOMPANY 820 north 3rd street 6300 E. 8Dorado Plaza phoenix arizona 85004 Suite A220 t :: 602 955 8088 f :: 602 253 3606 Tucson, AZ 85715 z � phone 520 882 9& fax 520 882 4307 www.arestudiosinc.com ire . urban design . environmental services . irrigation design Marriott Springhill Suites at The Mercado del Rio Lot 4 of Mercado Del Rio as recorder In Book 59 of Maps and Plats at Page 28 in the office of the Pima County Recorder, Pima County, Arizona Drawing Tide: LANDSCAPE PLAN TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT Agency Reference Number: Project No. 01-07022 Date: January 24 ,2008 Drawn by: DJR/MMV Checked by: ERB CAD File: 07022 L2 ARC STUDIOS Contact: Lisa Radtke Drawing Number: L2 2 of 4 NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION. ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. Scale: 1 "= 20' C.I. = C.I. 77mm7mm"7mmoomm� 0 10' 20' 40' 60' N Reduced Pressure Backflow Preventer - Watts 0009 - - - Irrigation Mainline -1' unless otherwise shown. IN Irrigation Controller - Torro - Intelli-Sense TIS-612 - 6 Station Controller Electrical Remote Control Valve and Filter - Valve - Rain Bird PESB Series - Fitter - Rainbirld RBY 100-150MX Irrigation Sleeve - Sch. 40 PVC - 4' unless otherwise shown Emitter Header Class 200 PVC - 314' unless otherwise -SEH- shown Shrub Une - 51W Poly Une Tree/Turf - Class 200 PVC - 3/4' unless otherwise shown Hose End Cap Wilkins #90 - adjustable outlet pressure regulator Muldport Emitters Rain Bird - (6)1gph and 2gph ports - �� Refer to Emitter Chart Single -port Emittes - Install Rain Bird Xerl-Bug VB-10 and *Kh" XB-20 - Refer to Emitter Chart Station Number - See �- Irrigation scheduling Chart Irrigation Notes 1. The irrigation system is designed with static pressure of 50 psi at the source. Contractor shall verify static pressure and notify architect if any discrepancy occur prior to installation of the irrigation system. 2. Sleeving for irrigation shall be under all paved areas including streets and sidewalks and other hardscape elements. Contractor to notify architect of sleeving layout prior to installation. 3. Irrigation lines, valves, and associated equipment are shown schematically. Contractor shall located all lines in unpaved areas. 4. Locate all lines within the property line. 5. Maximum distance for distribution tubing shall not exceed 12' from emitter to plant. 6. Contractor shall provide isolation valves for mainline (equal to line size) at future phase expansion. Irrigation Valve Schedule Valve I Size Type-gpm Valve Size Type-gpm A-1 1" Tree- A-4 Not Used A-2 1" Shrub- A-5 Not Used A-3 Not Used A-6 Not Used PNDS� C - , ❑ Design Review �FICAtF ❑ Design Development ❑ Construction Documents 39813 c� ERIC R. ■ Agency Review BARRETT ❑ Build/Pricing Package 6. e S; ned.-` ❑ Construction Issue qa,�_. ,< ARC STUDIOS Chris winters & associates ATMHSCOMPANY 820 north 3rd street 6300 E. El Dorado Plaza phoenix arizona 8.i004 Suite E. El t :: 602 955 8088 Tucson, AZ 85715 f .: 802 253 3806 phone 520 882 9855,E fax 520 882 4307 . www.arestudlosinc.corn ire. urban design . environmental services. irrigation design Marriott Springhill Suites at The Mercado del Rio Lot 4 of Mercado Del Rio as recorder in Book 59 of Maps and Plats at Page 28 in the office of the Pima County Recorder, Pima County, Arizona Drawing Tile: fl0;1Lc�_'9CC a Ua TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT Agency Reference Number: Project No. 01-07022 Date: January 24 ,2008 Drawn by: DJR Checked by: ERB CAD File: 07022 L3 ARC STUDIOS Contact: Lisa Radtke Drawing Number. L3 3 of 4 Single trunk Multi -trunk Double strand,- • _ twisted ••steel wire 4 ..h. .. .. or dia. I •••: .. depressed gradeFinal Rootball Spam.) r: • r • provide trees120 Refer to landscape legend for :. Tree - Plantina w/ Double Stake Detai- 002 i 0 Irrigation controller wall mounted 1 1/2" pvc conduit and fittings (size as required) Junction box 1" Pvc conduit and fittings to power supply wires to remote Control valves NTS Wall Mounted Irrigation Controller 010 NTS Side View KjdkvA 101 Final grade Plastic valve box with locking lid or approved equal 1" min. clearance between box cut out and pipe Box cut out (modify if necessary) Pipe (typ.) Final grade Pvc ell Pvc nipple -Plastic valve box with locking lid or approved equal See insert for clearance required Poly line Pvc nipple Pressure reducing valve 1 cu. ft 3/4" gravel min. (approx. 12" deep) Support box w/ brick pavers (1 per comer) Pvc - emitter lateral Pvc nipple PVC tee sxsxt Pressure Reducing Valve 014 NTS MIN. 6"-8" Note: Refer to landscape legend for trees required to be staked. 003 Tree trunk - Tree stakes 12 gauge galvanized and annealed wired 1/2" W. rubber hose looped with wire Tree stakes NTS 004 NTS 'Guardshack' enclosure - desert tan Reduced pressure backflow preventer 3/4"x1 1/20x1 1/2" weld top and side Ball valves (1 of 2) 09 Copper male adapter (1 of 2) Copper ell (1 of 4) Copper pipe (length as required) 12" 6" dia. concrete cutout (2) Finish grade 4" 4" concrete slab, III=1 I =1 i I=i 11=Ili.-1 I I-_ slope to drain -Ii1=1i1 ,11-III l I_I I Irrigation mainline pipe Sch 80 toe nipple & sch 40 solvent weld coup to sch 40 pvc mainline Copper female adapter 12"x12"x12" concrete base (2500 psi) From source all Notes: copper construction 1. Install backflow preventer as required by local codes and health department. Verify local requirements prior to installation. 2. Place backflow preventer within security enclosure. (see specifications) 3. Open and dose enclosure without modification. Reduced Pressure Backflow Preventor w/ Encl. 011 NTS 1/4" tubing stake 1/4" vinyl distribution tubing Final grade Single outlet emitter .580 poly tubing Single Outlet Emitter 015 NTS Dust cap 1/4" tubing stake 1/4" vinyl distribution tubing Subterranean emitter box with continuous support lip for lid Final grade 3- I; Multi -port emitter I I 1 I -I -I Pvc nipple (length as required) Pvc pipe - size per plan Pvc tee or all 3" min. depth or 3/4" washed gravel Multi -Port Emitter in Emitter Box 016 i!i !i!� i!:• Backfill Roothall specs.) Planted in accordance with shrub planting detail O Req'd + O spacing 1 gallon ground cover + R'd + spacing Ground Cover Planting_ 005 NTS Minimum depth shown for pipe type Pipe Crossings 2w 18" 1 Final grade Drip line (pvc of poly line) 24" Sprinkler lateral & emitter header (pvc) _ _�, Mainline & sleeve (sch. 40) 2" III - -- with purple #18 insulated tracer wire attached 8' o.c. 12" of wire accessible at pipe termination Control wires (tape & bundled every 10') Compacted sub grade Notes: 1. All mainlines to be installed in accordance w/ manufacturer's specifications. 2. Trench width & depth to vary depending on number & types of pipes contained there in. Irri ation Trenching Detail 012 NTS • , M -port emitter box Tree line (ref. trenching ►°�°i°o°e°i°i°�°i� detail fordepth) eeeeeeee• I ..eeeeeee Rootball Locate distribution tubing from trunk of Section tree: 2 @ .►4-6from trunk •► 6!-8'from trunk eeeeee. ' • • • - Non -disturbed soil i°i°ie% fee ,ee° Multi -port emitter Tree line Plan eee .ee♦ Note: Installr Drip tubing : installationsurface to dear final grade by a min. of 1" and a max. of 2". Detail represen • irrigation legend for mufti-portquantities. Multi-PortDriD • i• - NTS � 017 NTS NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION. ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. Palm Tree Detail 006 2"x4" block nailed to palm (2/palm) 2"x6"x10" redwood (typ.) (3/ palm) Wrapped trunk Final grade III 12w =1 i Rootball Backfill mix (see specs.) Scarify soil to provide drainage 1/2 lb. ammonium sulfate (21,0,0) per palm under ball Compacted subgrade with a brk* !!—I I! 1-1 I Brick 1-1/1"u4" I I III III 1 I! III--1 i I l I; ,' �- III I„ — Duct tape end (typ.) Sleeve 4" typ. Notes: 1. All pvc In igation sleeves to be dam 200 pipe. 2. All joints to be solvent welded and watertight 3. Where there Is more than one sleeve, extend the smaller sleeve to 24" minimum above Nish grade. 4. Medianically tamp to 95% proctor. NTS Sleeving Detail 030 NTS Sidewalk, curb or mow strip Final grade - turf, decomposed granite, 1" or other — I —III III— I I- 1I I_ ' I I 11=II I I I I=1I I —III I I I=1I III —III— I=1 I I—! 11�III—III III=1 I I —I I -1TJT=1 1 1_I I —III —I I_IT=! I — I I —I 1I- I I —_ COmpacted sub grade I=1 008 INTS Hose End Ca Final grade Plastic valve box w/ lid 10" dia. w/ continuous lip for lid hose end flush cap Nipple (.580 poly or 3/4" pvc) 1/2 cu. ft 1/4" pea gravel (approx. 12" deep) Tee or ell (.580 poly or 3/4" pvc) Pipe (.580 poly or 3/4" pvc) Note: Refer to plans for pipe material specification 020 INTS Final grade 30" length of wire, coiled Pen-tite connection or approved equal (1 of 2) Jumbo plastic valve box with continuous lip bolt down cover or approved equal. Flush valve Remote control valve Ball valve (reference specs.) Pvc nipple (dose (2) t i l l 3"min Pvc ell (txt) I� Pvc nipple length = as required ° o"OZa Q °° 0,0 ° o °0°��8°00 �8° ! o 2Brick (1 Of 4) Pvc nipple (" length, °oO hidden) and ell Pvc tee or ell Pvc mainline pipe 12" min. depth of 314" washed gravel Pvc 1" to 3/4" bustling Filter - install filter on side or downward 45° angle Pvc male adapter Union - line size Remote Control Valve Assembly Pvc lateral pipe 013 NTS ❑ Design Review PNIDS -\\0CArF ❑ Design Development ���) ❑ Construction Documents cn 39813 s ERIC R. -+ ■ en Review Ag 0 ry BARRETT ❑ Build/Prlcing Package °off �' 3; -- red ' ❑ Construction Issue gR�20NA uS,P- No. REVISIONS/SUBMISSIONS Dab ARC STUDIOS Chris winters & associates ATMHSCOMPANY 820 north 3rd street phoenix arizona 85004 6300 E. EI Dorado Plaza t :: 602 955 8088 Suite A220 f : 602 253 3606 Tucson, AZ 85715 phone 520 882 9655 fax 520 882 4307t � www.arc"iosinc.00m ire. urban design . environmental services. irrigation design Marriott Agency Reference Number: Springhill Suites at Project No. AI /47A AA The Mercado del Rio Lot 4 of Mercado Del Rio as recorder in Book 59 of Maps and Plats at Page 28 in the office of the Pima County Recorder, Pima County, Arizona Drawing Title: DETAILS TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT Date: January 24 ,2008 Drawn by: DJR Checked by: ERB CAD File: 07022 L4 ARC STUDIOS Contact: Lisa Radtke Drawing Number: L4 4 of 4 Master Development Plan General Notes: A. Gross site area 17.00 acres B. Estimated Graded acres 17.00 acres C. Open space required 1.7 acres D. Open space areas provided 1.8 acres E. Natural open space provided WA F. Property Zoning C-2 G. Adjacent Zoning - North POS (Wash) East PAD (Commercial) South (Road) West (NA) H. Building Set Bads - No New Buildings I. Buffer Yards required - North - Adjacent to River Park (Open Space) No buffer yard required East - No Buffer Yard required along Commercial South - Development Public ROW 30' Buffer Yard "A" West - NA J. Adjacent Roads - Pusch View Lane K. The property owner is responsible for maintaining the Irrigation system as long as necessary in order to transition plants over to natural sources. Any plant materials that die for any reason, shall be replaced in accordance with section 4-211 (Maintenance). L. The property owner shall maintain all plants within the Buffer yards to ensure unobstructed visibility to motorists (Sight Visibility Triangles). All shrubs, accents, and ground covers shall not exceed 2 feet in Height Trees will be maintained to ensure that branches/ canopy foliage is not below a height of 6 feet Master Development Plan Landscape Notes: 1. In the event of abandonment, the proposed graded areas shall be revegetated with a native desert seed mix indigenous to this area. Created slopas shall be stabilized with slope stabilization standards and seeded with native seed mix. 2. All transplant material with a 3" caliper or 6' tall shall equate to a larger than 24" box tree. 3. Desert Seed or 2" deep, 1/2" Decomposed Granite to be placed in all landscape areas as noted. 4. Additional plants may be deemed salvageable by the zoning inspector, and shall be salvage. 5. All proposed building shall be landscaped on all four sides as required per Sec. 14-205.C.4. and Sec. 14-205.C.1. 6. Any outdoor lighting shall meet the standards of the OVZCR Chapter 13-1-5 and Chapter 17. 7. The location of the building pads, parking areas, landscape areas, location of loading area, dumpsters and similar code -required elements within the individual lots are conceptual and may change pursuant to the design needs of the Individual owners. Each developer of individual lots shall submit for approval a Lot -specific development plan, Improvement plan, landscape plan, and architecture and shall ensure that all features of the development meet Town Codes as well as the design standards of the subdivision's CC&Rs. 8. Trees shall not be planted under outdoor lighting structure. Landscape plant material shall be arranged In a manner not to obstruct security measures per Sec. 14.205.A 17 of OVZCR. NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION. ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. LANDSCAPE LEGEND Supply and install the following plant mob vial. Landscape ar+chiled to field verify location prior to planting. All plant material to most ANA specifications and be of sound health and appearance. DG (TYP) IS TREES SIZE QTY Quercus virginiana 'H �e Standard Hertlage Live Oak (Staked) 24" Box 11 Vesopis tina Star Mesquiite (Staked) 24"ndaBoxd 1 -Sophora secundiflora Standard Texas Mountain Laurel 36" Box 7 (Staked) Transplant Existing Existing 10 Foothills Paloverde (Staked) Transplant Existing Exisiting 2 Velvet Mesqulbe (Staked) SHRUBS/ACCENTS SIZE QTY Pachycereus marginatus 5 Gallon 10 Mexican Fence Senna artemisioides circinata 5 Gallon 10 Autumn -flowering Senna Muhlenbergia Rigens 5 Gallon 13 Deer Grass Muhlenbergia Lindheimeri 'Autumn Glow' 5 Gal. 37 Autumn Glow Muhley Sporobolus wrightii 5 Gallon 5 Giant Sacaton Bouteloua gracilis 1 Gallon 8 Blue Grama Grass Muhlenbergia Emersleyi 'EI Toro' 5 Gallon 5 El Toro Bull Grass Stipa neomexicana 5 Gallon 62 New Mexico Feathergrass Muhlenbergia capillads 5 Gallon 53 Regal Mist Grass Leucophullum langmaniae'Lynn's Legacy' 5 Gal. 40 'Lynn's Legacy' Sage Opuntia violacea'Santa Rita' 3 Pad Min. 26 Purple Prickly Pear 5 Gallon Ruellia peninsularis 5 Gallon 6 Desert Ruellia Salvia clevelandii 5 Gallon 14 Cleveland Sage Feijoa sellowiana 5 Gallon 14 Pineapple Guava Tetraneuris acaulis 1 Gallon 37 Angelita Daisy Ficus pumila 5 Gallon 9 Creeping Fig Nolina microcarpa 5 Gallon 17 Bear Grass Dodonea viscosa 5 Gallon 13 Hopseed Bush Osteospermum fruiticosum 1 Gallon 25 Trailing African Daisy GROUND COVER/HARDSCAPE - All ground areas to be covered by concrete, decomposed granite, desert seed or turf Lantana montevidensis 1 Gallon 153 Trailing Lantana (Yellow and Purple mix) Decomposed Granite - 1/4" minus - Desert Tan or approved equal - 2" in planting areas as noted Boulder 4' x 3' x 2' 23 Boulder 2' x 2' x 1' 40 LOCATION MAP n s Site General Notes: 1. Gross area of the site: 116,707 SF 2. Total acres graded: 116,707 SF 3. Total open space required: None 4. Total open space provided: None 5. Total undisturbed natural areas: None Landscape Notes: 1. All plant material to be irrigated by a fully automatic underground irrigation system complete with back flow preventer that meets all local codes. 2. Vegetation within the sight visibility triangle shall not interfere with the visibility plane described by two horizontal lines located 24 inches and 72 inches above finished grade or roadway surface. 3. Inorganic ground cover shall be placed 2" deep in all planting areas and non -paved areas. 4. This Landscape Plan shall be In , on;t.-a^w Ath the Appmved -- Native Plant Preservation Plan and Landscape Plan for OV-12-03-22 and all requirements set forth therein. Maintenance Provisions: 1. All landscape areas will be maintained on a regular basis under the supervision of the property owner. This maintenance is to include pruning, fertilizing, clearing debris and weeds, and removing and replacing dead plants. 2. All landscape areas will be irrigated using an automatic, underground Irrigation system. 3. The property owner shall maintain all plants within the buffer yards to ensure unobstructed visibility to motorists. All shrubs, accents, and groundcovers shall not exceed 2 feet in height. Trees will be maintained to ensure that branches/canopy foliage Is not below a height of 6 feet ❑ Design Review ` ` - 11 , "\ ❑ Design Development ���oG�icArf �0 9� ❑ Construction Documents c ; 39813 y ■ en Review Ag 6 ERIC R. -a a y BARRETT ❑ Build/Prtcing Package o E of a ❑ Construction Issue S, nedr--/ qo._ .- b NOTES: _ 1. Plant quantities are provided for reference only; contractor shall provide No. REVISIONS/SUBMISSIONS Date calculations for quantities and install all plant material as shown on the plans. 2. Contractor shall notify architect of any discrepancies found on landscape and irrigation plans. 3. Contractor shall provide utility locator services both public and private for the project site. 4. Contractor shall feather Sized Rode edge to native soil/ seeding areas. ARC STUDIOS Chris winters & associates 5. Blue Grama, Orange Bells, Trailing African Daisy and Angelita Daisy are not ATNIHSCOMPAM' 820 north 3rd street included on the Oro Valley Approved Plant List. However, they are included on Dorado Plaza 63� E. EI sum AM phoenix arizona 85004 t:: 0258088 the Arizona Department of Water Resources list as approved plants for the Tucson, AZ85715 phone 520 882 9655 6 r t.: o22533soe ., Tucson area. fax 520 882 4307 r- www.arestudiosinc.com landsca cture . urban design . environmental services. irrigation design LINE LEGEND EASEMENT LINE LOT LINE PAVEMENT LINE PROPERTY LINE RIGHT OF WAY Scale: 1 "= 40' C.I. = C.I. 770mm"Mm7mm" 0 20' 40' 80' 120 Marriott Springhill Suites at The Mercado del Rio Lot 4 of Mercado Del Rio as recorder in Book 59 of Maps and Plats at Page 28 in the office of the Pima County Recorder, Pima County, Arizona Drawing Title: LANDSCAPE PLAN TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT' ' Agency Reference Number: Project No. 01-07022 Date: January 24 ,2008 Drawn by: DJR/MMV Checked by: ERB CAD File: 07022 L1 ARC STUDIOS Contact: Lisa Radtke Drawing Number: L 1 of 4 FEB r 1 ?��� 'U1 � i; I LOT LINE — — PAVEMENT LINE PROPERTY LINE — — — RIGHT OF WAY — — — -- — NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION. ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. LANDSCAPE LEGEND Supply and Install the following plant material. Landscape architect to field verf locatlon prlor to planting. All plant material to meet AM spe 111%ma ns and be of eound health and appearance. Scale: 1 "= 20' C.I. = C.I. 7W%Mmiiiiiii�l 7 0 10' 20' 40' 60' Oe Quer+cus virginiana'H ' Hertlage Live Oak (Staked) Pmwpls velutina V Mesquite (Staked) -Sophora secundiflora Texas Mountain Laurel (Staked) ant Existi Foothills Paloverdne (Staked) Transplant Existing Velvet Mesquite (Staked) MMMMMLPI�" Standard 24" Box 11 Standard 24" Box 13 Standard 36" Box 7 Existing 10 Exisiting 2 SHRUBS/ACCENTS SIZE QTY Pachycereus marginatus 5 Gallon 10 Mexican Fence Senna artemisioides circinata 5 Gallon 10 Autumn flowering Senna Muhlenbergia Rigens 5 Gallon 13 Deer Grass Muhlenberrggia Lindheimeri 'Autumn Glove' 5 Gal. 37 Autumn Glow Muhley Sporobolus wrightii 5 Gallon 5 Giant Sacaton Bouteloua gracilis 1 Gallon 8 Blue Grama Grass Muhlenbergla Emersleyl'EI Toro' 5 Gallon 5 El Toro Bull Grass Stipa neomexicana 5 Gallon 62 New Mexico Feathergrass Muhlenbergia capillaris 5 Gallon 53 Regal Mist Grass Leucophullum langmaniae 'Lynn's Legacy' 5 Gal. 40 'Lynn's Legacy Sage Opuntia violacea 'Santa Rita' 3 Pad Min. 26 Purple Priddy Pear 5 Gallon Ruellia peninsularis 5 Gallon 6 Desert Ruellia Salvia develandii 5 Gallon 14 Cleveland Sage Feijoa sellowiana 5 Gallon 14 Pineapple Guava Tetraneuris acaulis 1 Gallon 37 Angelita Daisy Ficus pumila 5 Gallon 9 Creeping Fig Nolina microcarpa 5 Gallon 17 Bear Grass Dodonea visc osa 5 Gallon 13 Hopseed Bush Osteospermum fruiticosum 1 Gallon 25 Trailing African Daisy GROUND COVER/HARDSCAPE - All ground areas to be covered by concrete, decomposed granite, desert seed or turf Lantana montevidensis 1 Gallon 153 Trailing Lantana (Yellow and Purple mix) DG (TYP) Decomposed Granite -1/4" minus - Desert Tan or approved equal - 2" in planting areas as noted I Boulder 4' x 3' x 2' o Boulder 2' x 2' x 1' 23 40 ANDS - ❑ Design Review �FicarE ❑ Design Development ❑ Construction Documents cn 39813 c� ERIC R. ■ Agency Review a BARRETT ❑ Build/Pdcing Package Hof e Sl ned-^' ❑ Construction Issue No.1 REVISIONS/SUBMISSIONS I Date ARC STUDIOS Chris winters & associates ATMHSCOMPANY 820 north 3rd street 6300 E. EI Dorado Plaza phoenix adzona 85004 Suits E. EJ t :: 602 955 8088 f 602 253 3606 Tucson, AZ 85715 phone 520 882 9855,. fax 520 882 4307 www.arestudic si nc.corn ire. urban design . environmental services. irrigation design Marriott Springhill Suites at The Mercado del Rio Lot 4 of Mercado Del Rio as recorder in Book 59 of Maps and Plats at Page 28 in the office of the Pima County Recorder, Pima County, Arizona Drawing Title: LANDSCAPE PLAN TWO WORKING DAYS BEFORE YOU DIG. ItCALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT Agency Reference Number. Project No. 01-07022 Date: January 24 ,2008 Drawn by: DJR/MMV Checked by: ERB CAD File: 07022 L2 ARC STUDIOS Contact: Lisa Radtke Drawing Number: L2 2 of 4 NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION. ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. Scale: 1 "= 20' C.I. = C.I. 7%M:0MW70=MMM0� 0 10' 20' 40' 60' IMJ Irrigation Meter -1" Irrigation Metier N Reduced Pressure Badcflow Preventer - Watts 0009 - - - Irrigation Mainline -1" unless otherwise shown. 0 Irrigation Controller - Torro - Intelli-Sense TIS-612 - 6 Station Controller Electrical Remote Control Valve and Filter - Valve - Rain Bird PESB Series - Filter - Rainbird RBY 100-150MX -,y Irrigation Sleeve - Sch. 40 PVC - 4" unless otherwise shown Emitter Header Class 200 PVC - 3/40 unless otherwise -SEH- shown Shrub Line - 5/8" Poly Line Tree/Turf - Class 200 PVC - 3/4" unless otherwise shown m Hose End Cap Wilkins #90 - adjustable outlet pressure regulator Muldport Emitters Rain Bird - (6)1gph and 2gph ports - C' Refer to Emitter Chart wr Single -port Emttees - Install Rain Bird Xerl-Bug VB-10 and 8H0h" XB-20 - Refer to Emitter Chart Station Number - See �—Irrigation scheduling Chart Irrigation Notes 1. The irrigation system is designed with static pressure of 50 psi at the source. Contractor shall verify static pressure and notify architect if any discrepancy occur prior to installation of the irrigation system. 2. Sleeving for irrigation shall be under all paved areas including streets and sidewalks and other hardscape elements. Contractor to notify architect of sleeving layout prior to installation. 3. Irrigation lines, valves, and associated equipment are shown schematically. Contractor shall located all lines in unpaved areas. 4. Locate all lines within the property line. 5. Maximum distance for distribution tubing shall not exceed 12' from emitter to plant. 6. Contractor shall provide isolation valves for mainline (equal to line size) at future phase expansion. Irrigation Valve Schedule Valve I SizeType-gpm Valve Size Type-gpm A-1 1" Tree- A-4 Not Used A-2 1" Shrub- A-5 Not Used A-3 Not Used A-6 Not Used ❑ Design Review ❑ Design Development ❑ Construction Documents ■ Agency Review ❑ Build/Pricing Package ❑ Construction Issue 39813 c� ERIC R. roc BARRETT kRC STUDIOS chris winters & associates �TMHSCOMPANY 820 north 3rd street E. El Dorado Plaza phoenix arizona 85004 t :: 602 955 8088 iuite A220 f :: 802 253 3808 ucson, AZ 85715 shone 520 882 9655 , ax 520 882 4307, Mw.ars wlosim.mm re. urban design . environmental services. irrigation design Marriott Springhill Suites at The Mercado del Rio Lot 4 of Mercado Del Rio as recorder in Book 59 of Maps and Plats at Page 28 in the office of the Pima County Recorder, Pima County, Arizona Drawing Title: IRRIGATION PLAN TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT Agency Reference Nu Project No. 01-07022 Date: January 24 ,2008 Drawn by: DJR Checked by: ERB CAD File: 07022 L3 ARC STUDIOS Contact: Lisa Radtke Drawing Number. L31 3 of 4 Single trunk Multi -trunk 002 Irrigation controller wall mounted 1 1/2" pvc conduit and fittings (size as required) Junction box 1" pvc conduit and fittings to power supply wires to remote Control valves MIN�6"-8" ICI . Note: Refer to landscape legend for trees required to be staked. 003 NTS �'' 004 Wall Mounted Irrigation Controller 010 NTS Side View Final grade Plastic valve box with locking lid or approved equal 1" min. clearance between box cut out and pipe Box cut out (modify if necessary) Pipe (typ.) Final grade Pvc ell Pvc nipple Plastic valve box with locking lid or approved equal See insert for clearance required Poly line Pvc nipple Pressure reducing valve 1 cu. ft 3/4" gravel min. (approx. 12" deep) Support box w/ brick pavers (1 per comer) Pvc - emitter lateral Pvc nipple Pvc tee sxsxt Pressure Reducing Valve 014 NTS Tree trunk - Tree stakes 12 gauge galvanized and annealed wired 112" i.d. rubber hose looped with wire Tree stakes NTS • h. Planted in accordance with shrub planting detail O Req'd + O spacing 1 gallon ground cover + 0 4 Ground Cover Planting NTS 005 'Guardshack' enclosure - desert tan Reduced pressure backflow preventer 3/40x1 1/20x1 1/2" weld top and side Ball valves (1 of 2) Copper male adapter (1 of 2) Copper ell (1 of 4) Copper pipe (length as required) 12" 6" dia. concrete cutout (2) Finish grade 4" a 4" concrete slab, a I -111=III—I i I- slope to drain Inigation mainline pipe Sch 80 toe nipple & sch 40 solvent weld coup to sch 40 pvc mainline Copper female adapter 12"x12"x12" concrete base (2500 psi) From source all Notes: copper construction 1. Install backflow preventer as required by local codes and health department. Verify local requirements prior to Installation. 2. Place backfiow preventer within security enclosure. (see specifications) 3. Open and dose enclosure without modification. Reduced Pressure Bacdow Preventor w/ Encl. 011 NTS 1/4" tubing stake 1/4" vinyl distribution tubing Final grade Single outlet emitter .580 poly tubing Single Outlet Emitter 015 �- Dust cap 1/4" tubing stake 1/4" vinyl distribution tubing Subterranean emitter box with continuous support lip for lid Final grade _l ! Multi -port emitter i Pvc nipple (length as required) Pvc pipe - size per plan c Pvc tee or all S: 3" min. depth or 314" washed gravel Multi -Port Emitter in Emitter Box NTS 016 NTS Minimum depth shown for Pipe type Pipe (orossings 2" 2"1 block nailed to palm (2/palm) 2"x6"x10" redwood (typ.) (3/ palm) Wrapped trunk Final grade -I II 1 II:= -III III—!1 ;I!1= 12" I C I=� I III —III I I I=11I � I=11=III— _ III=1Tii=i i ;=i i =III_ Rootball 18" II I I I Backfill mix (see specs.) I-11I-=- I I-1 I =1 11- I1=1I III= 12" Scarify soil to provide drainage 1/2 lb. ammonium sulfate (21,0,0) per palm under ball Compacted subgrade 5 Palm Tree Detail NTS 006 NTS 18" 1 " Final grade Drip line (pvc of poly line) 24" -- Sprinkler lateral & emitter header (pvc) _=1 Mainline & sleeve (sch. 40) 2" 1-'--_ I__=; __'_I with purple #18 insulated tracer wire attached 8' o.c. 12" of wire accessible at pipe termination Control wires (tappe & bundled every I) Compacted sub grade Notes: 1. All mainlines to be installed in accordance w/ manufacturer's specifications. 2. Trench width & depth to vary depending on number & types of pipes contained there in. � Irri ation Trenching_ Detail 012 NTS "1 24 Trunk �I �•••ee•e �f ,I�Multi-port emitter box � .?eeee0e•O'eee' � •�eeeei • ►�e�e�e�e�e�e�e�ef I detail for • • .�.,.s.�.®.,.,.e�Roothall Locate I distribution tubing from trunk . Section •►2-4'frx)m trunk .► 6'-8from trunk •eeee. ♦eeeee♦ Roothall ee♦ ��ee♦ , Non -disturbed soil ►ieiei ��'ieiei eeeeeeeeee�� Multi -port InstallTree line Plan Multi-Portsurface to dear final grade by a min. of 1" and a max. of 2". Detail represents typ. installation refer to irrigation legend for mufti -port emitter quantities. - -- 017 NTS NOT FOR CONSTRUCTION, NOT FOR BIDDING - FOR AGENCY REVIEW AND APPROVAL ONLY. LANDSCAPE AND IRRIGATION PLANS ARE NOT TO BE USED FOR LANDSCAPE, MASONRY, IRRIGATION, BIDDING OR CONSTRUCTION. ARC STUDIOS, INC. RETAINS ALL RIGHTS TO LANDSCAPE AND IRRIGATION PLANS. LANDSCAPE AND IRRIGATION PLANS MAY NOT BE REPRODUCED WITHOUT PRIOR APPROVAL BY ARC STUDIOS, INC. with 8 bftrchored IrIck 1-112W fat tape end (typ.) sleeve 4" typ. Notes: 1. All pvc irrigation sleeves to be doss 200 pipe. 2. All joints to be solvent welded and watertight. 3. Where there Is more than one sleeve, extend the smaller sleeve to 24" minimum above Nish grade. 4. Medhankally tamp to 96% proctor. Sleeving Detail 030 NTS Sidewalk, curb or mow strip Final grade - turf, decomposed granite, or other -III—III_ �=1II—III=III—III—III—III—II Ell IIII!IIIIIIIIIIIIIIIIIIIIIIII III- -I I Compacted sub grade _I I I=1 11, Final Grade Adjacent to Hardscape 008 NTS Hose End C Final grade Plastic valve box w/ lid 10" dia. w/ continuous lip for lid hose end flush cap Nipple (.580 poly or 3/4" pvc) 1/2 cu. ft 1/4" pea gravel (approx. 12" deep) Tee or ell (.580 poly or 3/4" pvc) Pipe (.580 poly or 3/4" pvc) Note: Refer to plans for pipe material specification 020 NTS Final grade 30" length of wire, coiled Pen tite connection or approved equal (1 of 2) Jumbo plastic valve box with continuous lip bolt down cover or approved equal. Flush valve Remote control valve Ball valve (reference specs.) =I! I=ITi=_; Pvc nipple (dose (2) l 3" min 11 i l 1 l 1l 11- Pvc ell (txt) II it Pvc nipple (length = as required) =1 0000g °°° o0 0° oo� °°8°00 �8°=1 oO°�� ° °o° °° ° °o ° ° Brick (1 of 4) Pvc nipple length, °o° °°° (2" hidden) and ell Pvc tee or ell Pvc mainline pipe 12" min. depth of 3/4" washed gravel Pvc 1" to 3/4" bushing Filter - install filter on side or downward 45° angle Pvc male adapter Union - line size Remote Control Valve Assembl Pvc lateral pipe 2 013 NTS ❑ Design Review �PNDSAl ❑ Design Development ❑ Construction Documents 0 39813 z ■ Agency Review BARRETT ❑ Build/Pricing Package y oofP S% ❑ Construction Issue ned qo._ e. ARC STUDIOS Chris winters & associates ATMHSCOMPANY 820 north 3rd street 8300 E. EI Dorado Plaza phoenix arizona 85004 t : 602 955 8088 Suite A220 f :: 802 253 3606 Tucson, AZ 85715� r phone 520 882 9655 t fax 520 882 4307 M"01 www.arcstudiosim.com landsca ure . urban design . environmental services. irrigation design Marriott Agency Reference Number: Springhill Suites at Project No. 01-07022 The Mercado del Rio Date: January 24 ,2008 Lot 4 of Mercado Del Rio as recorder in Drawn by: Book 59 of Maps and Plats at Page 28 in the DJR office of the Pima County Checked by: ERB Recorder, Pima County, Arizona CAD File: 07022 L4 Drawing Title: DETAILS TWO WORKING DAYS BEFORE YOU DIG. CALL FOR BLUE STAKES 1-800-782-5348 BLUE STAKE CENTER - CALL COLLECT ARC tTUDIoLisa Radtke Drawing Number: L4 4 of 4