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HomeMy WebLinkAboutOV120614Al 4V N RODRIGUEZ, RECORDER Q� 7 2Q�7 'RECEIPT OF RECORDING F. ANN RODRIGUEZ, RECORDER DOCKET: 13159 RECORDED BY: DG PAGE: 132 DEPUTY RECORDER yZy NO. OF PAGES: 3 9999 PE1 �� ��0 SEQUENCE: 20071980025 SOROV w +x 10/12/2007 TOWN OF ORO VALLEY i�i' t MSUBD 09:11 11000 N LA CANADA `9l2IZO�Q` ORO VALLEY AZ 85737 PICKUP CONTACT: DEBBIE MORAN AMOUNT PAID $ 34.00 DEVELOPMENT SVCS BLDG MAPS NOT PICKED UP IN 45 DAYS WILL BE RECYCLED F RANCHO VISTOSO NEIGHBORHOOD 3 L 1-37 CONVERSION FEE $ 4.00 T MAP D 63 P 16 3 PAGES $ 30 00 SUBDIVISION MAP 0 AFFIDAVITS 2.00 EACH $ 0.00 0 COPIES 1.00 EACH $ 0.00 0 POSTAGE 1.00 EACH $ 0.00 TOTAL $ 34.00 CASH $ 34.00 AMOUNT DUE $ 0.00 AMOUNT OVER $ 0.00 NOTE: MAPS LEFT WITH US ARE RECYCLED 45 DAYS AFTER RECORDING DATE Pima County Recorder, P.O. Box 3145, Tucson, AZ 85702-3145, (520) 740-4350 Final Plat Fees For RV Neigh. 3 — Innovation Corporate Center Block 1, Lots 1-37 Final Plat Base Fee (up to 10 Lots) Plus $20 for Lots 11-37 Addressing Fee Total Check should be payable to Wastewater Review Fees Base Fee Plus $50/Sht @2 Shts Total $ 1,000.00 $ 270.00 35.00 $ 1,305.00 THE TOWN OF ORO VALLEY $ 166.00 100.00 $ 266.00 Check should be payable to PIMA COUNTY TREASURER O�O�PL�EY A�?0 TOWN OF ORO VALLEY, PLANNING AND ZONING 11000 N. LA CANADA DRIVE, ORO VALLEY AZ 85737 PHONE: (520) 229-4800 FAX (520) 742-1022 www.townoforovalley.com APPLICATION FORM OV Case # (Office Use Only): Application Type: 1P �1C1 ? l Qi A Project Manager/Developer �.uy ► �c nor, State: {�, Zip: R0 Q Telephone: 50 , --1 �4a - q Qcl Fax: 5,1a 1 aa-- I X Lp Ln Email: B. Property Owner (s), if more than one owner, attach list Telephone: 5aQ - —12.2L - q -aq a Fax: 5 QQ -1 C. Subject Property Parcel/Tax Code: Legal Description/Property Address Area of property: LO • `-i q A Lv- f -, Existing Zoning: C-1 Connmtr c',cc Proposed Zoning: ,i i A Is Proposed Zoning in conformance with General Plan designation? [ ]'N/A D4 Yes (] No General Plan Designation: Existing Land Use: �Sf o-c c rC Proposed Land Use: D. Previous Applications Relating To This Property OV8- OV11- E. Reason For Request OV9- OV10- OV12- C5l o - 1 L\ OV13- E 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 :Mdmin PNORMSIShannon Project Subdivision Development HandoutlApprication General.doc Signature JAN-24-08 02:09PM FROM- T-928 P.001 F-434 ':• r j i / I01 N. Wilmoi Rood, Sto. 100 6 Tucson, AZ 85711 520.820.H679 C01 520.917.8016 Office i 520.750.8112 Fax manannc.bourd=u@azta.com \1Y Marianne Bourdeau Production Manager TOWN OF ORO 'VALLEY , ASSURANCE AGR1EEbUNT - FOR COWLETION OF SUBDIMON A"RO'VEMENTS THIS AGREEMENT is made and entered into ibis of ftah , 2007 , by and berveen INNOVATION CORPORATE CENTER, LLC an Arizona 11 Ited 110111 rorrwany as Beneficiary under Trust Na, 8217 1 (referred to 1n this Agreement as "Subdivider'); FIRST AWRICAN TITLE INIBURANCE COMPANY u(n) Calrfvtnia Corporation, os Trustee under Trust N '. 0217 1. (referred to in this Agreement as "'IYustee"); and the Tpwn of Oro Valley, a tvi�ni `p j- orporation (reined to in this Agreement as "Town"), and the parties agree as follows: • I. RECITALS 1.01 Assurances may be provided by the placement of the title to the property in trust with a third party escrow agency or trust company authorized and Iicorised to do business in the State ofArizone. :1.02 Pursuant to the Declaration of Trust and Affidavit described in Exhibit "B", Trustee holds in trust certain parcels of land located in the Town of Oro Valloy, Pima County, Arizona as described in Exhibit "A" attached hereto by reference, 1.03 This Agreement defines specific torms, conditions and guidelines for eampliancv with the provisions of AA.S. Section 9A63.01(C)(8) and Chapter 26, Section 26.6 of the Oro Valley Zoning Code Revised, 1.04 In consideration of the Town approving a final plat for the property described in Exhibit "A", commonly referred to as Subdivision Rancho VlBtoso Nolghborhood 331`vation Corporate Center -Enat . Lots .,`j through 6 and Common Arca(s) ,A _ Oro Valley Case No, _ . the Trustee and Subdivider specifically agree to all the conditions and requirements set forth herein, • V,.s+a...w,,,, h�wwr+Cw�. "wry M�.�.�wrrr. h�.r ��rou�. p arr�r 1 JAN-24-08 02:09PM FROM- T-928 P.002/016 F-434 0 AG1R>EEMEn 2.01 RZORWY DOSS ' : The property is described in Exhibit "A" attached hereto and as recorded at the Office of the pima County Recorder, in Book of Maps and Plats at page _ an the day of 20_ . . and made a part of this Agreement, 2,02 Assurances, Pursuant to the requirements of A,R.S. Section 9463.01(C)(8), this Agreement is an assurance for the completion of subdivision improvements including meets, sewer, water, telephone, gas and electric utilities, drainage and flood =trol improvements and monuments and property corners as described in Exhibit "C" Attached hereto by reference. These subdivision improvements are required by the Town of Oro Valley, the improvement Standards of tho Director of Water, Pima County Wastewater Management Department; gas and electric utilities and state and federal statutes and regulations, which requirements are In effect on the daie of execution of this Agreement. The parties shall comply with all applicable federal, state, and local laws, ordinances and regulations, 2.03 Limitation on Transfer of Title. The trustee shall not convey title to any property under this Agreoment as described in Exhibit "A" without a Release of Assurance signed by [he. Town Planning & Zoning Admirdstrator or her designee. The Trustee MAY act in full faith and reliance upon the Release of Assurance which shall be provided the Trustee by the Town only upon satisfactory completion and formal acceptance by the Town of the required improvements. ...04 Contracts for Salk. The Trustee may enter into contracts for sale of the property described in Exhibit "A", provided such contracts ch;arly state that the conveyance of title to the property is subject to a Release of Assurance signed by the Town Planning & Zoning Administrator or her designee upon satisfactory completion and formal acceptance by the Town of the required Improvements prior to conveyance, subject to the limitations provided in this Agreement. The Trustee shall provide the Town with a copy of the form of ovntraet containing the disclosure regarding Iimitation on the power to convey. 2.05 g% Sales. The Trustee may sell and convey all of the property described in Exhibit "A" in one transaction to it single purchaser, provided that the purchaser shall have submitted to the Town satisfactory assurances for the required improvements prior to conveyance, subject to the limitations provided in this Agreement. 2.06 CoDygyance QutPf Trust f�PurvP of Encurabionce. The Trustee may convey all or part of the property described in Exhibit "fill to the Subdivider or Beneficiary of the Trust solely for the purpose of ericutnbering' the property by the P.°Rt—AF--AWt—AJWM"AMWMW.-A—..w.wwpWanew2 JAN-24-08 02:09PM FROM- T-928 P.003/016 F-434 recording of mortgages or deads of trust, subject to the limitations of this Agreement, provided the property is Immediately iv -conveyed into the Trust. 2.07 CoMVIgtion of ftmprovemtnts.. The required improvements shall be completed within two (2) years ofthe date that the Town Council approved the final plat. This period for completion of improvements may be extoded subject to Town Council approval and applicable Town ordinances where Subdivider is prevented from completing the improvements by act of God, strike or similar event or circumstances beyond its control or if such extension is determined to be reasonable and prudant by the Town Council. Any extension granted shall not exceed one (1) year. 2.08 Subsiftutigu of Assuranaea. The Subdivider or Trustee, subjeot to the limitations of this Agreement for the completion of improvements (or, if such time completion of the required improvements bag been extended by subsequent agreement of the panics, at any time on or before such extended data for the completion of improvements), may offPar Substitute Assurances. Stroh assurances 5hall be in a form and amount acceptable to the Town planning do zoning Administrator or her designee and shall not be subject to review and approval by the Town Council. 2.09 Ins a and Acceptance of Im mvements. The Town may inspect tho required improvements to assure satisfactory completion, The Town will not accept dedication of the improvements, release, In whole or in part, of any property subject to the Agreement until the improvements have been satisfactorily completed and accepted by the Town Planning & Zoning Administrator or her designee. 2.10 Partial Release of Assurances. The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision plat attached as Exhibit "A", provided that all of the improvements requirod in connection with such lots havu been satisfactorily completed and accepted by the Town Planning & Zoning Administrator or her designee and provided such improvements can be used and maintained separate from the Improvements required for the balance of the subdivision plat. 2.11 Failure to Cam fete ImDrovements. In the event Subdivider fails to complete required improvements within the specified two (2) years unless an extension is granted by the Town, subject to the limitations of this Agreement, the parties agree that the Town may initiate a process to to -plat that portion or portions of the properly described in Exhibit "A" for which the improvements have not been satisfactorily completed. The purpose of such plat initiated by the Town is to return the property to approximately the same boundary configurations of record existing before recording of the subdivision plat described in 1=41bit "A", Prior to rc-platting any portion of the property for which improvements have not been completed, the Town shall provide the Trustoa and Subdivider thirty (30) days written notice of thn Town's intent to ro-plat. The notificatlon shall be sent by first rnrrl��.wM1 1r.w A.Wr /yw..M..o�.. ♦,.—,,,•WWW1WtMA44&r JAN-24-08 02:09PM FROM- T-928 P.004/016 F-434 class mail, shall be deemed received upon mailing and shall be sent to the following addresses, - TRUSTEE -FirstlasuLpnw _cornpany 1880 E. Rlvar Road,_Suits 120 Tucson, Arizona 85718 SU111DIVIDER -Innontion ro[W(91m Cenjer, LLC 6007 E. Grant Road Tucson, Aftane 85712-Mia The Trustee and Subdivider, as record owner and subdivider, respectively, agree that they will execute such plat returning relevant portions of the propctty to approximately the same boundary configuration of record existing before recording of the plat described in Exhibit "A". TIUS AGREEMENT SHALL BE VALID UPON EXECUTION By ALL PART(':IFS. TRTJS,rEE: Flrat kylattc an Title Inaurancs Company a(n) California Corporation as Trustee under Trust 9217 only and not In izs Corporate capacity BY: Name AS: Title STATE OF ARIZONA ) ss COYJAI'rY OF PIMA ) DEVELOPERJSUHDIVMRR: Innavanon Corporate Center, LLC $(n) Arizona amltod Ilablllty corn any BY: %elwi,nwl� , AS: NsimrlgeJw4 Title On this day of �, 20 07 . bcfare me personally appeared Rachel L. Tumlpsead , Who aclmowledgcd him/herselfTo be the Trust Officer of First -American Title Insurance Comaanv a(n) California Corporation 95 Trustee uridat Trust 921____7 only and not otherwise, and that he/she as such ofccr being authQrized so to do, executed the foregaing instrument for the purposes therein contained by signing the name of the corporation by himself/harself as such officer. IN WITNESS WHEREOF, I have hereunto svt my hand and official stal, My Commission Expires: Notary Public VAF-11" w u A w ug Cr m �.....w M�rrrAww� wee wwr.an�. a.Glw. Jw d JAN-24-08 02:09PM FROM- T-928 P.005A16 F-434 STATE OF AA)<ZONA ) ) Ss COUNTY OF PIMA ) This inimmmont was acknowledged before me this ItP*w day of202 . by .NaR_ft]gn,. P_residenr of VW Nold =-Inc.. , aS Safe Member Ventura Went O eragone Of - LG, Maneaar el Innovatlan Ca=rat6 anaxer, 1 1 C- an. r on Iw lnptwd li bl� company IN WITNESS WHEREOF, I have hereunto sot my hand and o"o seal. My Commission Expires: Notaublicru ANN E. HICKOX OWN OF ORO VALLEY '0ARY Pu" - AAIZ09A Municipal Corporation PIMA COUNTY Ur Clm'm upbgl Alf.2A 2009 Paul H. Loomis, Mayor Date: ATTEST: Kathryn Cuvelier As Towa Clerk and not personally APPAG VED AS TO FORM. Melinda Garrahan, Town Attorney Date: JAN-24-08 02:09PM FROM- T-928 P.006/016 F-434 EBYT "A" Lets R1 through 6 Imd Common Area(s) A of Rancho Metwo Nola oad 3 InnEgdon Ca rate Center - East of according to the, plat records in the Office of the County Reorder of Pima County Arizona, racordad in Book of Maps, Page l:o� ...wa.�.. 6 JAN-24-08 ROOM FR0W T-928 P.007/016 F-434 EXH]IHIT DECLARATION OP TRUST AND AFF DAVIT First American Title Insurance Company a(n) C211fomla Corporation, was employed to act in a Trustoe capacity under its Trust No. .Bz17 . and hereby declares that it hers acquired title to various parvel9 or property in the name of Trust No. 9217 The beneficiary (beneficiaries) of said Trust No. 9217 ere: NAME ADD-R—ESS Lots 1 through 6 and Common Mit(9) A of RANCHO VISTQSQ NEIGH130RHOOD 9 INNOVATION CORPQ TE CENTER - EAST of aoeording to the plat for record in the Office of the County Recorder of Pima Courity, Arizona, r000rdcd in Book---_ of Maps, Page , First American This lnaumnce Company X(n) Caldomin Corporation, as Trustee under Ttu5t No. 92i? and not in its corporate capacity. BY: AS: STATE OF ARIZONA ) ) ss COUNTY OF PIMA ) TRUST OFFICER On this day of . 20-___ j boforc me personally appcarcd Rachel L. Tum_ipsaed , who acknowledged hitn/hersclf to be the Trust OR9cer of _First Mocan Thle Insurance a(n) Cellfom>4 Corporation as Trustee under Trust 9217 only and not otherwise, and that he/she as such officer being authorized so to do, executed the fofe$ein:g instrumont for the purposes therein contained by signing the. name of the corporation by lvmsc1'f1hcrse1f as such officer, IN WiiMSS WHEREOF, I have hereunto sot my hand and official seal. - My Commission Expires: Notary Nbl9c Y YPMriwwI N-PIC—A-0 AW--;AW�A&MOn * *W 011.A J. PMa.MH JAN-24-08 02:10PM FR0M- T-928 P.008/016 F-434 lIr?X> MIT "C" Subdivision: Rancho Visloso Neighborhood 3 Innovation Corporate Car& Lots ? through ` 5 and Common Areas) A OV Case No.: Trust No.: 9217 The following improvements and conditions are made a pan of the attached Assurance Agreement: - 1. paving, grading and drainage improvements included in 2. A public water system satisfactory to the Oro Valley Water Company. 3. A sanitary sewer satisfactory to Pirna County Wastewater Management, 4. A. telephone distribution system satisfactory to US WOst coatmunlcations, >. An electric distribution system satisfactory to Tucson Electric Power Company, f�• Fire hydrants and other fire appurtenances satisfactory to the Golder Dire Department. 7. A natural gas distributions system satisfactory to Southwest Gas Corporation (if gas is being utilized is the subdivision). I. Utility trenches and civil appurtenances satisfactory to the using facilities. 9. installation of all street signs and striping. 10. The Professional Engineer of Record shall certify, in wrltirtg, that all improvements, whether private or public, have been constructed, placed, installed, etc. in substantial oonformanec with the approved plans for this development. Certifications, in writing, are tQ be received by the Town planning & Zonitrg Administrator of the Town of Oro Valley and the Oro Valley Water Utility. Departrnent. 11. The Soils Engineer of record or other Rogistered ProfessionaI Civil Engineer with expertise in the areas of soils engineering shall certify, In writing, that all materials ormance with the accepted plans and utilized an this development are In conf Yy'�m.Ns'!W 4uawwrGy.w, hw..v A�.a.-..nn.u.or hM1,nn W W� O���o, N I WMAw 8 JAN-24-08 02:10PM FROM- T-928 P-009/016 F-434 specifications for this development, Certifications, in writing, arc to be received by the Town Planning & Zoning Administrator of the Town of Oro Valley prior to the request for building permits and/or final inspection and the release ofassurances, 12, The Soils Engineer of Record or other Registered Professional Civil Engineer with expertise in the area of Soil Engineering shall certify in writing that ail soils operations for this development were performed In accordance with the reeommendationa as set forth in the and any amendments tharato by Job No. dated Certification in writing, is to be reccived by the Town Planning & Zoning Administrator of tltia Town of Oro Valley prior to the request of any building permits and/or final inspection and the release of assurances. 13. AS-bullt drawings shall be provided to the Town of Oro Valley Public Works Department prior to full rcloase of assurances. As -build drawings shall be provided to the Town of Oro Valley Water Utility Department prior tti the roloAse of any water meters, f Vr+V111yrYf M�K�wA� hwYw wti �� �� O�IA F SIN/�IM 9 JAN-24-08 02:10PM FROM- T-928 P-010/016 F-434 FIRSTAMERI Post-Ir Fax Note 7871 oala a�aas� To From Ca.1DepL Co, Ph= 9 Phone # F&X I F" # TRUST AGRmZMEVT TRUST NO , 921.7 r 't>iXS AGS(E&MENT, made and entered into this day of 2007 by and between FIRST AMERICAN TITLE INSU ANCE COMPANY, a California corporation, herein called PTruaceelf and the following "Beneficiary": INNOVATION CORPORATE CENTER, LLC, an Arizona limited liability company, the beneficial interest to be vented as vet forth above, w z T N E s a E T$ WHEREAS, there is being conveyed to Trustee, without payment of consideration by Trustee, title to the real property, described in that certain Commitment for Title insurar%ee (or Special Aeport), a copy of which is attached hereto, said property being subject to the matters shown thereon; which is to be held in Trust by Trustee under the terms of this agreement; and WHEREAS, Trustee has agreed to accept title to said property, and to hold same XX TRUST for the uses ana purposes and upon the terms, conditions and covenants herein. WHEREAS, the Beneficiary (and their respective aucceaaors in interest) may hereinafter be referred to jointly as "the Bcaeficiariesll and thin Trust Agreement and the Trust hereby established as "this Trust:" or "Trust No (9217) of the First American Title Insurance company, NOW, THEREFORE, in consideration of the mutual Covenants and agreements herein, the parties agree: SECTION I PURPOSE OF TRUSS' 1, This Trust is for the purpose or providing a Convenient means of holding legal title to, conserving, selling and conveying the Trust property and the distr:Ebution of the proceeds therefrom in due course to and for the benefit Of the beneficiary, Title to the Trust property shall be held by the Truatao for the sole benefit of the Beneficiary; provided, h9Wever, that by acCepting title to property under the terms of this Trust the Trustee does not assume any personal liability in connection with prior encumbrancea of any nature and has no duty to procure the discharge thereof. • TR--R 1(REVFM 1-1-05).DM 1 JAN-24-08 02:10PM FROM- T-928 P-011/016 F-434 2. Beneficiary may coney, deposit or cause to be conveyed to Trustee additional property to be held by Trustee as a part of the Trust Estate upon approva% and acceptance of any such conveyance by Trustee, such, additional prcpertry sha l be deemed to be part of the corpus of this Trua4 and shall be subj eCted to . all of the terms and provisions hereof. 03=Ox Ix TRUST NOTATE The "Trust Estate,, shall consist of legal title to the Truot property described in the Commitment for Title Insurance (or Speolal Report), any additional property conveyed to Trustee, all funds received by Trustee from the leave or sale of said property or any interest in, said property (including but not limited to funds received for the granting of licenses, easements or rights, and all rents, in to or upon said property)., hnd all contracts and receivables for the sale of all or any portion of said property, SECTION III TNTERR9T OF MUSTEE AM BWEFICT2LTLX During the entire term of thi8 Trust, legal title to the real property constitU%ing the Trust Estate shall be vested in the Trustee. The interest of senef J,ciary in this Trust and in the Trust t~atate is personal property only, consi.4ting of the right to enforce the due execution of this Trust, and may be assigned as such. Beneficiary shall not have, at any time, any right, title or interest in or to any oX the property comprising the Trust Estate as such, but may only by written direction, instruct Trustee as to the subdividing, selling, leasing and handling thereof. Trustee shall have no personal responsibility or liability and assumes no obligation with respect to the conditim of the title of the Trust property in connection with any conveyance or encumbrance thereof or any part hereof, which Trustee may make upon direction of Beneficiary, save and except any liability or responsibility it may assume by reason of the issuance of title insurance policies by it in its capacity as a title insurer. Whisnever it is provided that the Trustee shall do an act upon the request or instruction of tha Beneficiary, such request or instruction shall be in writing and in a form with content satiagaetory to Trustee in its sole dimoretion. All documents executed by Trustee shall be subjeCt to approval by Trustee nad need not be executed by trustee ae trustee except on the conditions herein Set fortn. Trustee shall have no obligation to take any acts pertaining to the Trust; Estate it any monies are owing to Truotee from Beneficiary. SECTION Iv ENVIRON=NTAL aenQficiary has rio khowledgQ of any violation of any ertVironment:al protection, pollution or land use laws, rules, regulations, orders, or requi.rtsments, including solid waste, as defined by the v.s. Environleeental PiQtOctiem Agency regulations at 40 C. F.R. , Part 261, or the disposal or existence: in or on the Property, of any hazardous subat4n0a au defined by the Comprehensive Znvironmental Response Compenaation and Liability Act of 1980, as -M-,%oR I (R&MM 1-1-".Doc 2 JAN-24-08 02:10PM FROM- T-928 P.012/016 F-434 amended, and the Arizona Environmental Quality Act Title 49, M:LZoaa Revi.aed Statutes, by any other environmental law, or by any regulations promulgated chereundmz . SRczloN V FOSGESSION A= 0VZDIVTV1QX xn the event the aeta,efitLary exercises any rights or obligations under the terms and condiciona of this Trust to develop and sell the real property as un- subdivide.d land or unimproved lots or parcels as defined in A.R.S. 32-2101, the 8en6ficia.ry shall fully comply wit$ the provisions of A.R.S. 32-219s.04 or 32- 218S.01, and if applicable, alga shall file for exemption or qualification with all Federal Acts including, but not limited to the Interstate Land sales Full Diaclosuxe Act of the Department of Housing and Urban Development, provided, however, Trustee shall have no liability or responsibility to determine whether ox not the Beneficiary complies with.said provisions or act. aeCOUNTING REcoxms The accounting records of the Trustee siaall at all reasonable times be open to Cie inspection by Beneficiary, and the Beneficiary shall be entitled to monthly statements from Trustee showing all receipts, disbursements and charges mach ip connoction with the Trust provided that any such statement shall supplement, but not duplicate the contents of any preceding statement. All monies coming into the hands of the Trustee hereunder shall be accounted for and paid by the Trustee in the following order to -wit: A, To reimburse the Trustee for any funds advanaad by it for lrha protection Or preservation of the Trust satata, together with interest thereon at the highest legal rate from the date of such advances until repayment by Beneficiary, or out of the Trust Estate;.pxovi.ded, however, that T;uatee shall have no obligation to make advances of its own funds, but it may at its election do so, if in its opinion such advances are necessary to preserve and protect the Trust Estate and the interest of the Beneficiary hereunder; B. To the payment of the Trustee's compensation and expenses hereunder; C. To the payment of any chargem, axponses or other expenditures authorized by the Beneficiary; D. The balance remaining in Trustees hands, after making the foregoing payments oball be paid by the Trustee to the Beneficiary or Beneficiaries in accordance with each aenefiaiaryis percentage interest. No purchaser from the Trustee 6119L11 be roguired to see to the application of any funds pai13 by the Trustee hereunder, and all properties of the Trust ESCar-e sold and conveyed by the Trustee shall be free o$ the Truce, TR•ACR I (JIVYlsau 1•145).OW 3 JAN-24-08 02:1OPM FROM- T-928 P.013/016 F-434 SECTloN vzx TRUSTEE'S WARRANTY OF TITLE Trustee shall, noc be obligated to warrant title to any property sold or conveyed by it except as against the acts of the Trustee only. Trustee shall convey title pursuant to the provisions of this Txuet in the manner sad form required by Seer -ion 33-404-B of the Arizona Revised Statutes, as amended, specific«lly Providing the full disclosure of the name and address of Beneficiary. SUCTION Vill TITLE INSMLZ-XCE OF TRUST VXOX--URTY An applicable policy Of title insurance of First American Titlo Insurance Comparly, in the regular form then in use shall be issued in connection with each transaction involving trust property, if the nature of the transaction creates an inaural3le intereet, or =14,ss such issuance is specifically waived by Truatee. SECTION IX TRUSTE)�•9 RIGHTS AND LIABILIT14S A. The Trustee shall not be liable for any error of judgment in the execution of this Trust so long an it acts in good faith. It is expressly understood and agreed by the Beneficiary that the Tzuatee shall have no duties except those which are expressly set forth in this instrument, and that the duties of Trustee hereunder are limited to holding legal title CD the property conveyed into the Trust, tL.e conveyance of such title as directed by the Beneficiary, and the accounting of the proceeds of Sales made on the direction, Qf the Beneficiary. B. It is specifically understood and agreed that the Trustee shall not be required to pay or attend to the payment of any claim, lien or encumbrance including but not limited to tax hens or special assee$Ments against the Trust property. The beneficiary shall notify the Couriay Assessor to direct all tax notices and bills applicable to the Trust property C/o the Beneficiary at the Ben*ficiaxy's address. The Trustee is nor. to receive any tax notices and bills' or assessments as to the Trust Property. Beneficiary may, at Beneficiary's sale cost and expense, procure independent of the Trust a tax service contract or other sim,lar service to keep the Beneficiary appraised of the status of the, real property :axes and assessments. C. It is specifically understood and agreed by the Beneficiary that the Trustee altall have no responsibility or liability to aomply with Arizona Revised Statute section 45-632(0) relating to any filing requirements pertaining to Arizona GroundWsaer Rights and/or Usage thereof, .if applicable. D. Trustee shall not be required, in dealing with the Trust property or in Otherwise acting hereunder to; (1) Enter into Any contract Cr other obligation in its proprietary corporate capacity, nor to (2) make itself individually liable to pay or incur the payment of any damages, attorneys,fees, fines, penalties, forfeitures, Goats, charges or ether sump Of money whatsoever. Trustee shall have no individual liability or obligation whatsoever Axisiny from its ownership, as Trustee hereunder, of Che r%6+C1 i (RMSM i-JA.ow 4 JAN-24-08 02:10PM FROM- T-928 P-014/016 F-434 legal title to the Trust property, or with respect to any act done or contract entered into or indebtedness incurred in relation to the Trust property or in OtherWise acting here=der. Trustee reserves the right to incorporate the above limitations of its liability in any instrument or document executed in connection with this Trust. xf Trustee shall pay or incur any liability to pay any money on account of the Trust or incur any liability to pay any money on account of any litigation as a result of holding title to the Trust property or otherwise in connection with this Trust, whether because of breach of concraet, injury to person cr property, fines or penalties under any law or otherwise, Beneficiary shall pay on demaMd to Trustee, with interest thereon at the highest legal rate until paid, all such payments made by Trustee and shall hold Trustee harmless of and from any and all liabilities incurred by it for any reason whatsoever in connection with this Trust. Trustee shall have a lien on Trust property to secure performance of the obligations of the Beneficiary to Trustee under this Trust, which lien shall be senior to the interest of the Beneficiary. Trustee shall not be required to advance or pay any money or to appear in, prosecute, or defend away legal proceedings on account of or iWolving this Trust or any property or interest hereunder or involving any transaction relating to the Trust. In the event Trustee is instructed or requested to do any act (or refrain from dol,ng any act) performance of which (or nonperformance of which), in Tvustee's sole Opinion, would subject Trustee to unreasonable risk of liability, expense or litigation, Trustee shall have no obligation to perform such act (or refrain .From performing such act) except upon being furnished instructions and/or indemnity adequate, in Trustee's Sole, absolute and uncontrolled discretion, to protect 'rrustea against such risk of liability, expense of litigation, or except in accordance with an adjudication by a court of competent jurisdiction (and the determination of all appeals and expiration of all applicable appeal periods) in any appropriate legal or equitable proceeding including, without limieing'the Qeneralii_y of the foregoing, are action for an accounting or to secure approval of an aocounnting, a suit gor a declaratpxy judgment, an interpleader action, or a suit for instructions to Trustee, zn any such action, the Trustee skull be entitled to a judgment against the Beneficiary for any experioe or costs, including reasonable attorneys, fees incurred in such action, to the extent that the court may determine. E. Trustee shall have no Ii.abilicy to any Beneficiary or his successors or assigns on account of electing to act in accordance with any provision hereof, as reasonably construed by Trustee, regardless of whether or not such provision may subsequently be refoshied or declared invalid or unenforceable or otherwise construed in any litigation or proceeding. SECTION X INSU ANer 12. if the Beneficiary includes the property held hereunder in a Comprebesisive General Liability Insurance Policy carried by Beneficiary. Beneficiary shall, during the term o4 this Trust Agreement, Continue to maintain at 'its cxpenze, iusurarxce shoWing the Trustee AS an additional insured thereunder. A Copy of said policy or certificate reflecting said coverage shall be delivered to the Trustee only when requested by Trustee. Tk-ALA i (Rxvism,1-l-os),00c 5 JAN-24-08 02:10PM FROM- T-928 P.015/016 F-434 88CTION xz TRUSTEE'S SE=xw -PoR PayxmiT of FEES 13. As compensation for its services under this Trust, the Trustee shall be entitled to receive its usual and customary Trust fees and charges in conformity with the fee schedule of the Truotee then in effect and as may be amended from time to time, without notice. Trustee shall be entitled to receive and retain such compensation from any monies coming ,into its hands under the Trust Or, if it does not have sufficient money in its Ilanda from under the Txuat, then the same shall be paid by the senefioiary. NOTE: 7, reasonable chaxge will be made for extraordinary services rendered. D$FINITION OF TRUSTEE "T�7UStee" Means First American Title Insurance Company, a California Corpoxatiaa, only in its capacity as Truat:ee of this Trust and not in its propriet<<ry corporate capacity nor as Trustee of any other Trust. sRCTZON XXII a M=ICz=0 This Trust Agreement may be amended only by a written amesidmear. hereto delivered to Trustee and accepted in writing by Trustee, and no purported amendment hereto not complying herewith ,ariall be effective for any purpose as regards the obligation o£ Trustee. No assignment or transfer, either absolute or as security, of any interest of any Beneficiary shall be effective (nor Shall it confer upon the purported assignee or transferee any rights against Trustee or any other party, or create any interest in this Trust or in the Trust Estate), except aai assignment or transfer aCoomplished by a proper amendment hereto. Trustee Shall be entitled to treat any written instrument purporting to constitute an assignment or transiar of any interest of any Beneficiary as such a proper amendment. Amendments to this Truct Agreement not affecting any provision hereof except the identity of the persons having Fi.ghta with respect to beneficial interest hereunder shall not require the concurrence of parties (other than Trustee), whose rights and obligationa are not thereby affected. Trustee shall aci.ept any Duch amendment presented to it with proof satisfactory to Trustee of its genuineness, unless it shall purport to create obligations or risk of ].iabili,ty on Trustee which Trustee is not willing to assume; and upon such endorsement the amendment shall become a part 09 the Trust Agreement for all purposes to the flame effect as though set forth in full herein. SECTION z1v No advertiatus ahall indicate the Trustee is the author thereon, and the Trustee shall not be liable for any statement or representation made therein, TR-naR t Qthyucc 6 JAN-24-08 02:11PU FROM- T-928 P.016/016 F-434 SECTION Xv NOTICE In the event two or more Baxiefxciaxiea hold the beneficial interest, one Benefioiary shall be designated, bX separate instructions to receive all notices and billings, SECTION XVI ASSZ4alad8MS The Beneficiary may aaaign their beneficial interest upon written notification to and acceptance by the Trustee along with the payment to the Trustee of all assignment fees and other fees due the Trustee from the intereaz being assigned, No such assignment shall relieve the Assignor of the obligation created in this Trust Agreement, SACTXON RVIX TRUSTEE'S AZPZGNATZON 15. The trustee may resign upon 30 days written notice to Beneficiary. Within 10 days after receipt of ouch notice from the Trustee, Beneficiary shall appoint a Successor Trustee. If the Beneficiary has not appointed such Successor Trustee within said 10 days the Trustee may commence an action in a court of competent jurisdiction £or the appointmenr of a Successor Trustee or, at TrustSels option, Trustee may deliver the Trust Estate to Beneficiary when its resignation becomes effective as hereinbefore provided. The Beneficiary may cause the Trust Estate to be transferred to a Successor Trustee upon 30 days written notice t4 crrie Trustee. Upon the receipt of proper notification from Me Beneficiary, the Trustee shall prepare the necessary instruments and within a reasona.rle time aball transfer all Trust Assets to a Successor Trustee, "CTXON xvzxx TERMINATION of TAUST This Trust shall terminate upon conveyanos of all of the property by Trustee in accordance with the provisions hereof, and the distribution of all of the funds in the hands of the Trustee to the person or persons entitled thereto in accordance with the Germs hereof. But in no event shall this Trust continue for more than 21 years past the date hereof, unless requested by Beneficiary and consented to by Trustee. SMICTXON xzx FROVISZONS aX=ZNG succEBsoars The provisions of this instrument and the terms and conditions hereof and of this Trust shall be binding upon and inure to the benefit of the executors, administrators, legatees, devisees, heirs, successors and assigns of: the parties heroug. 7 7'w-�c:n l (&uvnusa l-I-us�.00c ,z-O(".IVA Bond #2167156 LANDSCAPE DWROVElME1V'rS PERFORMANCE BOND KNOW ALL NEN BY THESE PRESENTS: Insurance Company of That we, Innovation Corporate Center, LLC , as principal, and the West a corporation, duly licensed to conduct a general surety business in the State of Arizona, as Surety, are held and firmly bound unto the TOWN OF ORO VALLEY, as Obligee, in the penal sum of Three .Hundred Thirty Thousand One Hundred` Dollars, for which, payment, .well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 'Sixty Four and 00/100 ($330,164.00) WHEREAS, Principal and Obligee have entered 'nto � Assurance Agreement for Completion of Improvements (the Agreement), dated oZ! ig , whereby Principal has agreed to install and complete certain landscape improvements,.as a condition to approval of OW , which Agreement is hereby referred to and made a part hereof, and WHEREAS, Principal is required under the terms of the Agreement to furnish a guaranty for the faithful performance of specified landscape improvements described as follows: Rancho Vistoso NH3, RV Neiahborhnnd 3; Jnb No. 185050-VW-02 XTr�ti? 7'L 1DT7FAct?U :i'vr:n.•:»et to 9t ita dymm rrvq itimd exp P_ase, at or within the time a. .., ..............., ....wv.j,... ., �..... required under the Agreement, faithfully install and complete the landscape improvements in substantial compliance with the plans and specifications for such 'improvements, then this obligation shall be void, otherwise to remain in full force and effect; subject to the following conditions: 1. The Town may initiate forfeiture, proceedings upon the occurrence of any of the following: a. Abandonment of the project. The project will be presumed abandoned when there has been no development activity for one year or when the condition of the property may be harmful to the health, safety, and welfare of the community and/or adjacent property owners. b. Failure of the owner to cure a violation within 30 days of issuance bf a violation notice. c. "The developer fails to meet Town requirements and fails to correct the situation within 30 days of notice by the Town. 2. if the Town. determines that forfeiture. is required, the. Surety shall complete the necessary improvements within the time allowed by the Agreement, or any extension thereof as may be granted by the Obligee -and deliver them to the Obligee for approval. However, at the election of Obligee, Surety may tender to Obligee the amount necessary, not to exceed the penal sum hereof, based'upon estimates provided by the Obligee, to carry spcci— L-As-pe Improvement Bond s art completion of the improvements. It.being further understood that upon completion of the improvements, any unexpended funds shall be returned to Surety. 3. This bond shall remain in full force and effect until (a) the improvements have been installed and accepted. by Obligee, or (b) the release and surrender of this bond by Obligee, whichever shall first occur. 4. It is further understood that ten percent (100%) of the face amount of this bond shall remain in effect and' continue'after completion and acceptance of the improvements by the Obligee for a period of one year from the date of acceptance to guaranty the improvements against any defective work or labor done, or defective materials furnished,. in the performance of the improvements. 5. - Surety hereby stipulates and agrees that no change, extension of time, alteration or addition 'to . the terms of the Agreement, the work to be performed hereunder or to the specifications relating to the improvements shall, in any way, effect its obligation of this bond.. Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, the work or to the specifications. 6. As part of the obligation secured hereby and in addition to the penal sum specified hereunder, there shall- be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 7. No.right of action shall accrue hereunder to or for the use of any persons, firm or corporation, other than Obligee, *The rights and obligations under this bond are for the exclusive benefit of Obligee and may not be assigned, hypothecated or transferred for any purpose, unless consented to in writing by Obligee and executed by Principal and Surety. 8_ Surety waives any defense related to the impossibility, illegality, incapacity, bankruptcy or receivership of Principal in connection with the obligation of Principal hereunder and Surety further expressly waives any defense to the extent that it may require the creditor to proceed against the Principal as a condition precedent to any claim or demand heron. Witness my hand and seal this 20th PRINCIPAL:. Innovation orate Center, LLC By: �—dx- Ak — specin= r an&"Pe rmpvVewcut Bond day of March 2007 SURETY: Insurance co pony of the West By. Attorney -in -Fact. Tina Nierenberg 2 CORPORATE ACKNOWLEDGEMENTS) STATE OF ARIZONA ) ) ss: COUNTY OF PIMA On this �) t—f day of 20 0.7 before me personally appeared to me known, who, being by me duly sworn, did depose and say that he/she reside(s) in Pima County, . Arizona and that he/she is the Principal Of the the corporation which executed the Restoration Performance Borid; that he/she knows the seal of the corporation; that the seal affixed to the instrument is the corporate seal; that istwas so affixed by order of the Board of Directors of the corporation, and that he/she signed histher name to the instrument by like order. 7 NOTARY PUBLIC My Commission Expires: , � `j STATE OF ARIZONA ) COUNTY OF PIMA ) o�icu� sou. ANN E. HICKOX NOWY NAW. Muom PIMA. COUNTY. "Ur C- lxlkft Apr. 21, 2MV On this 20th day.of March 20p7 before me personally appeared Tina Nierenberg . . known to me to be the person whose name is subsc nbed to this instrument as the Attorney -in -Fact of Insurance Company" of San Diego, CA and acknowledged to me that helshe subscribed the name of Insurance Company" as Surety, and his/her own name as Attorney -in -Fact- ""of The West I 41NIZAR1,15 - I .0NOTARYPUBLIC Amy D. • . My Commission Expires. June 30, 2009 sp- mm ripe UV-v-cat Bond No. 0001985 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of Califomia, Explorer insurance Company; a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organised under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint TINA NiERENBERG, JOSEPH G DHUEY, JAREN A. MARX, CINDY RAMIREZ, AMY GIBSON PRISCILLA L niru, FRANCES FARNSWORTH their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof; the Companies have caused these presents to be executed by its duly authorized officers this 1 st day of November, 2005. oor�"Mru 5u�wy o►ssr Avo wa°oV�ur•O -A �� 4 t INSURANCE COMPANY OF THE WEST tt O n S EAL J o j� r EXPLORER INSURANCE COMPANY INDEPEri 3ENCE CASUALTY AND SURETY COMPANY Vn► Jef cy D. Sweeney, Assistant Secretary John L- Hannum, Executive Vice President State of California l County of San Diego J ss. . On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signadaes on the instrument, the entity upon behalf of which the persons acted, executed the instrument Witness my hand and official seal. MWC my%Ax°� awe Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adapted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and "effect as ff manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typin& or phmcOpytng." CERTIFICATE i, the undersigned, Assistant Secretary of Laurance Company of the West, Explorer Insurance Company, and Indepexndence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not beri revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. �/� ,, I,� IN WITNESS WHEREOF, I have set my hand this _� y day of 1 ' �L1�f iN _ fto Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. f RESTORATIdN Bond No. 2167155 PERF0R;ti1ANCB BOND KNOW ALL ?vIEN ZY T 111-M PRESENTS; Insurance Company of the That wen Innovation Corporate Center, LLC as Prioaoip;,L and West a corpordon, duly- lic-eased to conduct z general surety business in the .State of Arizona, as Surety, are held and firmly bound undo the TOvw OF 0R0 VALLEY, as Obligee, in the penai :tutu of Forty Four Thousand Seven Hundred' Dollars, for which, pavmerit, well and h-uly to be made, we brad ourselves, our heirs, successors, executorc, and ad- dUkttatars, jointly and severally, Firmly by theft presorts. 'Eighty Four and 00/100. ($44,784.00) WHMAS, Principal and Obligee love entered into sz1 Assumcp Agmmcm for Coua-010tivn Rcsnvcatica of the property (the Agarwmcat), dated 81 07 . whereby Principal has agreed to instill and complete improvGmeuts, as a condition to approval of 0V# which Asamemeat is hereby referred to =d mad* a part bwcqf, and "Rancho Vistoso NH3, RV Neighborhood 3; Job No. 185050-VW-02 WHEREAS, the Principal is required under the:- -arts of the Agrroerneat to furnish a Ouaranry for the faithful restoration o;fthe land to its marina] condition is the event the project is abandoned; therm is a failure to cure a violation or to meet Town requirements. NOW, 7MMORE, in the event the projwt is abandoned, Principal shag ai its owa cost and expense, restore thi3 land to its natural oorifiihon as specified in Aiticle 4-9 of the TO" Of Oro Valley Zoaiug Code Revised, then this obligation ehail be void, otherwise to remain to full f=6 and effect, subject to tha following conditions: 1, The Town may initiate forNture proceedings upon the occm=ce of any of the f011owirag: a. Abandonment of the piojecL The project will be presumed abandoned when there has been no developtumea: activity for Otte year and the pmpenyhas not beea restored to its natural oon4tion or when the eoadition of the property may be hj=ful to tea health, safety, and welfare: o£the cor uauairy iai&or adj acent,proparty owne", b. Fog= of the easier to cure a violation whhin 30 days of issuance of a vio]atiart notice, c. The developer fans tc Meet To' zt requirements and fails to correct tlzc simadon within 30 days ofnotice by due T'otln 2. If the Town de=miaes that fbrfeimre is requited, the Surety &IU resters tiie land and deliver it zo the Obligee for arpprov al or, at the oicction of Obligee, Surety shall teAder to Obligee the amount tlmcessaty, not to exceed the penal stun hereoA based upon astimwmi pzovided by the Obligee, to carry out restoration of the land, it being further understood that upon comglrtion .of tits unprvveracaU, any +unexpended funds, shall be returned to Surety, Spedruv Plat Rutandoa Pecf =act Bond 3. -This bond shall remain in full force and effect uaril (a) the =Provements have beau installed and accepted by Obligee, or (b) the release and surrender of this bond by Qbligee, whichever shall fast occur. 4. Surety hereby stlpulstea aaa agoW than ne change, aKtcnsivu of time, alteration or addition to the terms of &e A8ncru0)2k the work to be perfomacd hereunder or to the 3pccification3, elating to the improvements Mall, in any way. affect its abligadnn on this bond, and- Surety does hereby waive notice of any such change, .extension" of time, altmtion or addition W the rcims of the Agn= ent, tha work or the specification. S. As pare of the obligation secured hereby and in addition to the penal sum specified hermwder, then shall. be included costs, reasonable expenses find fear, including reasonable attorneys' fees, inau =d by Obligee in saccessfully alforcing such obligation, all to be taxed as costs and included in eny judgmeut rendered. b. No right of action shall acertte hereunder to or for the use of any persons, firm or eotporation. other than OMagee. The rights zed oblig4onc cmdcr tbda bond are fur the exclusive bmefit of Obligee sad may not bo assi2nrA hypothecated or t=sferxed far any purpose, unless coaseate4 to in vvt t7ppg by Obligee and executadby Principal aad.Surety. 7: Surety waives any' defense related to the imposszbility, illegality, iacagacit}-, baraknmuey or receivership of Pribuinal in con:=60n %4 h the obli+Sacion of Pr ucipri hallii der and Surety fimther expressly waives any defense to tits extent that it may Mquire the r_,rrlrnr TO prmeed 24nst tic Prlwi„=t as o on c a.._ ft to �_. rw w :�ri�iltttvaa �iIL'n.vaauaa au isi�y Lia?71 or dwuamd hereon. Witamcs my hand and veal this 20th day of March 2007 , P,R1NCPAL: SMETY. Insurance Company of the West ar•�, s �Uorney.iu-Fact, Nierenberg _ 3aeelmm Plat Reakmuoa Yaiamm=amd 2 CORPORATE ACKNOWLEDGENENT(S) STATE OF ARMONA ) ss: . COUNTY OF PD4A Oa this .� ��. d"ay of�' ill`" 20�r' bcPoreme petso�ajly . appeared to me trnoa'o, who, axing byme duly sworn, did dcPoso and say that hslshe residc(s) i a rime Oouaty, Arizona and Ow he/sho is ele F.r:uci jd ofrhe the corporation which exmted the Restoration P 'oananct Fond; thathcJsbc bows the seed of the corporation; that the seal affixed to the u tr>mtCnt is tho corporate seal: that WwA.s so affixed by order of the Board of D4=wrs o- tfie MPoraticu, and that he/she signed his/her tine to the ins. eitt by like order. NOTAPY PUBI-IC MY Comutission Exp1m; STATE OF ARSON 4 1-0 OFFKXU SM ANN E. HICKOX WTM Y PUBIC - ARMM ) 30, PINTA COUNTY COUNTY OF PIMA ) ►h Comm. Eqr.o Apr. 21. 2888 On this t, h day of March 20n before me pamonally apyearod Tina Nierenberg k uow n to ale to be tba parson whose �A ie �+,'b 'bed to d6 hw1ru neat aA ttte AUomey-'-Fa>«t of —insurance Company' of San Diego, CA =d a*Wal0dged to m: then kt 5bz subscribed the name of Insurance Company' � as Sum►, and his/her owa namo as Attorn6mr-r"L ***of the West OFAt SEAL AMY Q. GISSON NOTARY PLOLIC - STATE OF ARIZONA e-- i'iM COUNTY Q7'AKY f'UBi,IC My Comm. Expires June 30, 2009 Amy D. Gibson My Commission Expires: June 30, 2009 8pee1m- -llA I:a'u"0oa Pert G== Bond ASSURMCES F. The assurarces may be utilized by the Town to complete the improvements which are not completed by the subdivider or developer or which have been abandoned by the developer. G- The assurances shall be released upon satisfactory performance and acceptance of the work by the Town Eag;near. Sc-- 4-902 ran for Reaura( A. To assuro that the property can be restored to a natural state in the event that the development or subdivision Is abandoned, the subdivider or developer shall deposit with the Town Clerk one or more approved forms of monetary assurances in an amount equal to 120% of the costs estimated by the subdivider or developer, or his improvement contractor, and approved by the Town Erginrser, to restore the property to a natural state. B. The assurances shall be given to the Town prior to the Issuance of a building or grading permit, whidiever event occurs first, but in no case can a permit for construction or removal of existing contours and vegetation be granted prior to approval and acceptance of the restoration assurances. C. The assurances shall be released upon satisfactory performance and acceptance of the work by the Town Engineer. Sec 4903 Form of ,ass_ urancq A. The placement of the tide to the subdivided property in trust with a third party escrow agency or trtni company authorized and licensed to do -Business In the State of Arizona along with an agreement between the trustyl and the Town of Oro V4ey that tide to any lot or parcel within the subdivision will not be transfarred until all improvements required by these regulations have been installed and accepted by the Town of Oro Valley with a written approval for mlerse to the escrow agency or trust Company holding the property in trust and with special conditions of the agreement providing for authorization of the Town of pro Valley to abandon and resubdivide the property should the required rmprovements fail to be installed in compliance with the Town of Oro Valley's standard specifications. r''owever, the designated escrow agency or trust company holding the property in trust nay sell and convey all of the subject property to be subdivided in one transaction to a single pwchaser DrOvided that such purchaser shall be bound by the terms of the agreement between the Town of Oro Valley, the subdivider and the designated escrow agency or trust company holding the property In oust, The assurances and deeds required pursuant to this section shall be recorded In the office of the Plma County Recorder. The form of assurance as allowed in this subparagraph A shall not be acceptable for restoration assurance. B• C.Uh or certified check. 4 - 52 .�...R« N r No. 0001985 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the Is" of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint TINA NIERENBERG, JOSEPH C. DHUEY, JAREN A. MARX, CINDY RAMIRE7., AMY GIBSON PRISCiLLA L ITULE, FRANCES FARNSW'ORTH their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. in witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November, 2005. $`r w0noWro s it ' to 4 cY 4 ��, INSURANCE COMPANY OF THE WEST o, o SEAT. 2 sa ji r { EXPLORER INSURANCE COMPANY a INDEPENDENCE CASUALTY AND SURETY COMPANY Jeffrey D. Sweeney, Assistant Secretary John L. Hannum, Executive Vice President State of California } ss. County of San Diego On June 5, 2006 before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and Jeffrey D. Sweeney, personally known to me to be the persons whose names are subscribed to the within intrumant, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. -- MAW COPAW 4" r Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: *RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fat to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying.' CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this day of r�� ?IDOL' d it:; � e t., � � 4"'� Jeffrey D. Sweeney, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. foww SOUTHWEST GAS [ORPORIIi1011 April 10, 2007 Town of Oro Valley Dlwu: ing & Lowing Dep-artment 11000 N.La Canada Dr. Oro Valley, Arizona 85737 PR 13 2CQ7 OV1206-14A FP INNOVATION CORPORATE CENTER 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 co acting me at 794-6049. V-4.1 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 MINUTES ORO VALLEY TOWN COUNCIL REGULAR MEETING August 1, 2007 ORO VALLEY COUNCIL CHAMBERS 11000 N. LA CANADA DRIVE REGULAR SESSION AT OR AFTER 7:00 PM CALL TO ORDER 7:00 p.m. ROLL CALL PRESENT: Paul Loomis, Mayor Helen Dankwerth, Vice Mayor Kenneth Carter Council, Member Al Kunisch, Council Member Paula Abbott, Council Member Barry Gillaspie, Council Member EXCUSED: Terry Parish, Council Member PLEDGE OF ALLEGIANCE UPCOMING MEETING ANNOUNCEMENTS - TOWN MANAGER Town Manager David Andrews reviewed upcoming Town meetings and events. He noted that the Study Session for August 8, 2007 had been postponed to August 22, 2007. COUNCIL REPORTS - No reports DEPARTMENT REPORTS Mr. Saletta announced that the bids for the Reclaimed Water Project Phase II would be out next week. Additionally, the Water Utility will close on a loan for this project on August 17, 2007 with the Water Infrastructure Financing Authority of Arizona (WIFA). TOWN MANAGER'S REPORT - No report Mayor Loomis welcomed the Town's new Communications Director Mary Davis. ORDER OF BUSINESS: MAYOR WILL REVIEW THE ORDER OF THE MEETING 08/01/07 Minutes, Council Regular Session 2 CALL TO AUDIENCE — No speakers. MIT A. Minutes - July 11, 2007 B. Police Report - June 2007 C. Resolution No. (R)07- 87 Vacating portions of a 10-foot equestrian trail pursuant to the Settlement Agreement between Stephen and Kay Fake and the Town of Oro Valley regarding the acquisition of the Logan's Crossing Multi -Use Trail D. Resolution No. (R)07- 88 Declaring as a public record that certain document entitled "The revised Town of Oro Valley Animal Control Code" Chapter, 18 of the Oro Valley Town Code (This revision brings the current Code into compliance with the Pima County Animal Control Code) E. Resolution No. (R)07- 89 Declaring as a public record that certain document filed with the Town Clerk and entitled Article 12-17, "Cable Franchise" of the Oro Valley Town Code F. Resolution No. (R)07- 90 Authorizing and Approving the Contract with TischlerBise, Inc. in the amount of $9,700.00 to study the feasibility of enacting new Development Impact Fees in the Town (PULLED FOR DISCUSSION) G. OV12-06-14A, Approval of a Final Plat for Lots 1-37, Block 1 of Innovation Corporate Center, located on the northeast corner of Tangerine Road and Innovation Park Drive, 223-02-021 B H. OV12-06-14B Approval of a Final Plat for Blocks 1 - 6, Innovation Corporate Center, located on the northeast corner of Tangerine Road and Innovation Park Drive, Parcel #223-02-021 B OV5-07-06 Approval of public art for the Oracle and Hardy Office Building located at 8950 N. Oracle Road (PULLED FOR DISCUSSION) J. Report on Emergency Repairs to 16-inch E-Zone Water Main located on 1st Avenue, approximately 200 feet north of Naranja Drive K. Appointment of Mary Caswell and Ray Shelton with terms to expire June 30, 2008 and Mike Schoppach with term to expire June 30, 2009 to the Development Review Board L. Appointment of Marilyn Cook to the Historic Preservation Commission with 08/01/07 Minutes, Council Regular Session term to expire June 30, 2009 Council Member Abbott requested to pull items F and I for discussion. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Carter approve the Consent Agenda with the exceptions of items F and I. MOTION carried, 6-0. Mayor Loomis welcomed Ray Shelton and recognized his appointment and commitment to the Development Review Board. Item F (PULLED FOR DISCUSSION) Discussion ensued regarding: Content and assumptions made in the report. .The necessity for another study session for this item. Methodology used. Feasibility analysis. Implementing development impact fees for future development such as the possible annexation of state land to the north. Town Manager David Andrews stated that the $9,700 fee would cover Phase I. He noted that many other municipalities have development impact fees. Town Attorney Melinda Garrahan explained that conducting a smaller study to determine whether impact fees were strategic and sensible, was a good use of Town funds. Council Member Abbott noted that she believed that TischlerBise displayed bias in their reports and therefore could not approve this item. MOTION: A motion was made by Council Member Kunisch and seconded by Council Member Carter to approve Resolution 107-90 authorizing the contract with TischlerBise, Inc. in the amount of $9,700.00 to study the feasibility of enacting new Development Impact Fees in the Town. MOTION carried, 4-2 with Council Member Abbott and Council Member Gillaspie opposed. Item I (PULLED FOR DISCUSSION) In response to a question by Council Member Abbott, Planning and Zoning Director Sarah More noted that in the packet there was an artist's rendering that depicted an eagle in flight and that a real boulder would be used in the project. 08/01/07 Minutes, Council Regular Session 4 MOTION: A motion was made by Council Member Carter and seconded by Council Member Abbott to approve OV5-07-06 public art for the Oracle and Hardy Office Building located at 8950 N. Oracle Road. MOTION carried, 6-0. 2. CONTINUED PUBLIC HEARING - RESOLUTION NO. (R)07-59 APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR THE ADDITION OF NEW POWER POLES AND ELECTRIC UTILITY WIRES, LOCATED ALONG THE SOUTH SIDE OF TANGERINE ROAD BETWEEN LA CHOLLA BOULEVARD AND LA CANADA DRIVE - Explanation: This public hearing was continued from the May 16, 2007 and the June 20, 2007 Town Council meetings. Larry Lucero representing Tucson Electric Power (TEP) stated that discussions have taken place with Council and Staff. He noted that the application had been presented and approved by the Planning & Zoning Commission for a Conditional Use Permit (CUP). TEP's proposal entailed smaller and shorter distribution poles along a 1 mile stretch of Tangerine Road. This project would seek to reinforce the grid for residents north of Tangerine Road which currently has difficulty meeting demand. This would be a temporary solution until this area on Tangerine Road has been widened; at which time the idea to underground the lines would be entertained. Mr. Lucero stated that TEP would be open to sharing the cost of the installation of overhead poles; however TEP would not pay undergrounding costs. He noted that TEP was agreeable to continue discussions with Staff. In response to Council Member Kunisch's inquiry as to the need to increase the number of poles from 11 to 22, Mr. Lucero stated that there would need to be sufficient separation between distribution circuits and transmission circuits. Secondly, he stated the need to protect the environment and health and safety concerns. Therefore, the distance between poles had to be shortened so that the lines would not sag too low. Council Member Kunisch noted that citizens would have to decide whether to pay for undergrounding the lines. Mayor Loomis stated that this would be addressed at a Study session in September. Ms. More presented the Staff report noting that the Planning & Zoning Commission recommended approval of the CUP. She stated that this was an issue of balancing aesthetics with the desire to provide quality service to Town residents. Ms. More clarified that Council could approve the CUP and supersede the Town law that requires all new lines under a certain voltage must be below ground. 08/01/07 Minutes, Council Regular Session Discussion followed regarding prior projects TEP conducted with the Town noting joint efforts and cost sharing. Mr. Lucero stated that TEP would want to begin the project after the storm season during the "off peak" period from November to May at the latest. He noted that TEP would like to have the system ready for summer 2008. In response to Vice Mayor Dankwerth's question, Mr. Lucero stated that waiting another year to proceed would not be recommended. He noted that this was a top priority project and needed to be addressed as soon as possible. MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Gillaspie to continue Resolution No. (R)07-59, OV8-06-05 to allow for further discussion regarding the approach toward solving the power pole problem. The item continued to the October 3, 2007 Regular Session. Council Member Abbott stated that action is needed due to the system's vulnerability to black outs. She noted that she was in favor of undergrounding the lines for the reasons of health, safety and aesthetics. In response to Council Member Abbott's question, Ms. More clarified that all property owners within 600 feet of the poles and lines had been notified. MOTION carried, 6-0. g�R*11--girgm MOTION: A motion was made by Vice Mayor Dankwerth and seconded by Council Member Kunisch to approve the current Council liaison assignments effective through June 2008. MOTION carried, 6-0. 4. DISCUSSION AND POSSIBLE ACTION REGARDING ADOPTING A RECRUITMENT PROCESS TO FILL THE TOWN ATTORNEY POSITION Human Resources Director Sandra Abbey began her presentation by acknowledging Town Attorney Melinda Garrahan's retirement effective October 7, 2007. She presented the following recruitment methods for consideration: • Limit recruitment to current Staff ■ Least expensive ■ Least time consuming • Headhunters 08/01/07 Minutes, Council Regular Session 6 ■ Cost between $50-$60,000 Open recruitment ■ Advertising internally and externally ■ Utilizing Town's Human Resources department ■ Cost between $5-10,000 • Advertising • Travel for out -of -area applicants • Moving applicants Ms. Abbey mentioned that the Council could appoint a committee to oversee the selection process. Council Member Carter urged that all of Council should be involved in selecting a new Town Attorney. Discussion ensued regarding: • Subcommittees ■ Who should be involved ■ How many applications should be screened by Council • Advertising ■ Specific circulars Ms. Garrahan emphasized that attorneys outside the state must pass the state bar before they could practice law, which takes time. She noted that if the position were advertised in the Arizona State Bar Journal, it would reach all lawyers licensed to practice in Arizona including those that are out of state. Discussion followed regarding: • Open recruitment. • Cost of a nationwide search versus ads in periodicals whose readers are attorneys. • Experts outside of Staff that could review the applications. • Identifying Staff that should be part of the subcommittee. • How many applications the subcommittee should forward to Council for consideration. • The process utilized for the last recruitment. • Statewide search. • Approximately 40 applications were received. MOTION: A motion was made by Council Member Gillaspie and seconded by Council Member Abbott to use the following criteria for the Town Attorney recruitment: • Create a selection committee consisting of the: 08/01/07 Minutes, Council Regular Session 7 ■ Town Manager ■ Assistant Town Manager ■ Human Resources Director ■ Another Town Attorney ■ Private Land Use Attorney ■ Private business attorney • Develop an advertisement to be reviewed by Council prior to publishing. • Review all applications • Recommend to Council a list between 3-10 candidates o Council will narrow down the list of candidates for interviews Advertise that candidates must be bar certified in Arizona Utilize Town resources Publish ad in the publications used during the last recruitment to include: ■ Town website ■ Arizona Daily Star ■ The Arizona Republic ■ Arizona Attorneys Magazine ■ Arizona State Bar Association ■ Pima County Bar Association ■ Arizona Cities and Towns website ■ ICAA website ■ National League MOTION carried, 6-0. 5. FUTURE AGENDA ITEMS (The Council may bring forth general topics for future meeting agendas. Council may not discuss, deliberate or take any action on the topics presented pursuant to ARS 38-431.02H) Council Member Abbott requested that Staff contact David Malin of Vestar Development to present an update on the Oro Valley Marketplace project during a Council meeting in October or mid- September. CALL TO AUDIENCE - No speakers. ADJOURNMENT MOTION: A motion was made by Council Member Carter and seconded by Council Member Kunisch adjourn at 8:31 p.m. MOTION carried, 6-0. TOWN OF ORO VALLEY COUNCIL COMMUNICATION TO: HONORABLE MAYOR & COUNCIL FROM: Matt Michels, Senior Planner 10 MEETING DATE: August 1, 2007 SUBJECT: OV12-06-14A, The WLB Group, representing Venture West, requests approval of a final plat for Lots 1-37 in Block 1 of Innovation Corporate Center, located on the northeast corner of Tangerine Rd and Innovation Park Dr. BACKGROUND: • Town Council approved the original Development Plan/Landscape Plan/Preliminary Plat for Innovation Corporate Center on December 20, 2006. • The first submittal of the final plat was received on May 17, 2007. • To date, a portion of the property (Block 1 and Common Area "A") has been graded. • The final plat entails application of property lines to legally subdivide the property. This application does not impact any design components approved as part of the development plan for Block 1. • The development of Lots 2-6 will require Development Review Board (DRB) and Council approval for each block. SUMMARY: All design issues were addressed as part of the development plan reviews. The final plat is in substantial compliance with all applicable zoning codes. The conditions in Exhibit "A" represent minor "clean-up" items. Engineering Comments: This plat generally conforms to the applicable sections of the Town of Oro Valley Subdivision Street Standards and Oro Valley Drainage Criteria manual with respect to minimum platting requirements. The attached conditions of approval represent items of correction and/or addition to complete the plat documents for adherence to minimum survey standards. GENERAL PLAN CONFORMANCE: All General Plan compliance and associated design issues were addressed as part of the development plan reviews. PUBLIC COMMENT: This application has been posted in accord with Town Policies. To date, no public comment has been received. TOWN OF ORO VALLEY SUMMARY OF FINDINGS: Findings For: 1. The proposal meets all applicable zoning codes. 2. All design issues for the lot layout, open space alignment, and road alignment were addressed as part the preliminary plat review by Town Council. Findings Against: 1. None SUGGESTED MOTIONS: I move to [approve, approve with conditions, OR deny] OV12-06-14A, final plat for Lots 1-37 in Block 1, Innovation Corporate Center, located on the NEC of Tangerine Rd and Innovation Park Drive. Staff recommends that any motion to approve be subject to the conditions specified in Exhibit "A". Attachments: 1. Exhibit "A" 2. Final Plat Cc: David Little The WLB Group, Fax 881-5313 Fred Steiniger Venture West, Fax 722.1166 F:\OV\OV12\2003\OV12-03-14A\TC.RPT Final Plat.doc Sa S. More Tanning nd Zoning Director X. AL^1 Craig Ci Ter, Town Engineer Jq�e Watson, Assistant Towri Manager It David Andrews, Town Manager TOWN OF ORO VALLEY COUNCIL COMMUNICATION TO: HONORABLE MAYOR & COUNCIL MEETING DATE: August 1, 2007 FROM: Matt Michels, Senior Planner SUBJECT: OV12-06-14A, The WLB Group, representing Venture West, requests approval of a final plat for Lots 1-37 in Block 1 of Innovation Corporate Center, located on the northeast corner of Tangerine Rd and Innovation Park Dr. BACKGROUND: • Town Council approved the original Development Plan/Landscape Plan/Preliminary Plat for Innovation Corporate Center on December 20, 2006. • The first submittal of the final plat was received on May 17, 2007. • To date, a portion of the property (Block 1 and Common Area "A") has been graded. • The final plat entails application of property lines to legally subdivide the property. This application does not impact any design components approved as part of the development plan for Block 1. • The development of Lots 2-6 will require Development Review Board (DRB) and Council approval for each block. SUMMARY: All design issues were addressed as part of the development plan reviews. The final plat is in substantial compliance with all applicable zoning codes. The conditions in Exhibit "A" represent minor "clean-up" items. Engineering Comments: This plat generally conforms to the applicable sections of the Town of Oro Valley Subdivision Street Standards and Oro Valley Drainage Criteria manual with respect to minimum platting requirements. The attached conditions of approval represent items of correction and/or addition to complete the plat documents for adherence to minimum survey standards. GENERAL PLAN CONFORMANCE: All General Plan compliance and associated design issues were addressed as part of the development plan reviews. PUBLIC COMMENT: This application has been posted in accord with Town Policies. To date, no public comment has been received. TOWN OF ORO VALLEY CIL C SUMMARY OF FINDINGS: r� Findings For: 1. The proposal meets all applicable zoning codes. 2. All design issues for the lot layout, open space alignment, and road alignment were addressed as part the preliminary plat review by Town Council. Findin ssAAgainst: 1. None SUGGESTED MOTIONS: I move to [approve, approve with conditions, OR deny] OV12-06-14A, final plat for Lots 1-37 in Block 1, Innovation Corporate Center, located on the NEC of Tangerine Rd and Innovation Park Drive. Staff recommends that any motion to approve be subject to the conditions specified in Exhibit "A". Attachments: 1. Exhibit "A" 2. Final Plat ' Sa S. More/�Planning,nd Zoning Director r- Cc: David Little The WLB Group, Fax 881-5313 Fred Steiniger Venture West, Fax 722.1166 FAMOV 12\2003\OV 12-03-14A\TC.RPT Final Plat.doc ig_Ci,�prer, Town Engineer Jer e Watson, Assistant Town Manager David Andrews, Town Manager Exhibit A Conditions of Approval for OV12-06-14A, Lots 1-37 in Block 1, Innovation Corporate Center General 1. Address all redline comments. Sheet 2 2. Correct the given length of the north east boundary line for Lot 8. The distance on the plan does not match the boundary closure information. 3. Correct the given length of Common Area "A" near Lots 7 and 8 as redlined on the plan. The distance on the plan does not match the boundary closure information. 4. Add a one foot no -access easement along Innovation Park Drive per the redlines. 5. Correct the OV number on this sheet to "OV 12-06-14A". Sheet 3 6. Correct the square footage called out for Common Area "A". The square footage for Common Area "A" does not match what is shown on Sheet 2. s m Im m- o r_ f- CLERK OF THE TOWN OF ORO VALLEY, HEREBY R11FY THAT THIS PLAT WAS APPROVED BY THEM YOR AND COUNCIL OF THE TOWN OF ORO VALLEY ON THE _� DAY OF 20-!R4. DATE o9-19-07 DATE �olo,�oT DATE GENERAL NINES 1. GROSS AREA OF SUBDIVISION IS 10.79 ACRES. 2. TOTAL NUMBER OF LOTS IS 37. 3. TOTAL AREA OF COMMON AREA "A" (PRIVATE DRIVES, PARKING, PUBLIC AND PRIVATE UTILITIES, OPEN SPACE AND LANDSCAPING) 4.41 ACRES 4. TOTAL MILES OF NEW PUBLIC STREET IS 0 MILES. 5. MINIMUM LOT SIZE IS 2,318 SQUARE FEET. 6. AVERAGE LOT SIZE IS 7,497 SQUARE FEET. 7. MAXIMUM BUILDING HEIGHT IS THREE (3) STORIES, THIRTY FOUR (34) FEET IN C-1 ZONING. 8. BUILDING SETBACKS ARE TWENTY (20) FEET FRONT AND SIDE, AND TWENTY FIVE (25) FEET REAR. 9. BLOCK 1 TOTAL REQUIRED PARKING IS 450 SPACES (NINE (9) SPACES WILL BE HANDICAPPED NTH 2 SPACES BEING VAN ACCEDE) WITH 455 PROVIDED. TOTAL REQUIRED AND PROVIDED BIKE SPACES IS FIFTY (50) - 5 SHALL BE CLASS I AND 45 SHALL BE CLASS II. 10. BLOCK 1 IS ZONED C-1 COMMERCIAL. 11. NO FURTHER SUBtVASIONI OF ANY LOT OR PARCEL SHOWN WILL BE DONE WITHOUT hiE WRITTEN APPROVAL OF THE ORO VALLEY TOWN COUNCIL. 12. THE BASIS OF BEARING FOR THIS PFtO.�CT IS THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 12 SOUTH, RANGE 14 EAST, GILA AND SALT RIVER BASE do MERKMAN, TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA. BEARING BEING N00*00'29"W. 13. BASIS OF ELEVA110N: ELEVATIONS ARE BASED ON NGVD 1929 BEING THE TOP OF A BRASS DISK IN CONCRETE, HIGHWAY RIGHT-OF-WAY MARKER STATION 769+90.44, NORTH SIDE OF TANGERINE ROAD, 99 FEET NORTH OF PAVEMENT CENTERLINE, 430 FEET EAST OF BRIDGE OVER BIG WASH. ELEVATION = 2687.29 (NGVD 29) 14. THE PROFESSIONAL ENGINEER OF RECORD SHALL CERTIFY AS TO THE FORM, LINE ,AND FUNCTION OF ALL PUBLIC .AND PRIVATE ROADWAYS AND DRAINAGE STRUCTURES BEFORE THE RELEASE OF ASSURANCES. 15. DEVELOPER WALL COVENANT TO HOLD THE TOWN OF ORO VALLEY, ITS SUCCESSORS, AND ASSIGNS, HARMLESS IN THE EVENT OF FLOODING. 16. DRAINAGE WALL NOT BE ALTERED, DISTURBED OR OBSTRUCTED WITHOUT THE APPROVAL OF THE ORO VALLEY TOWN COUNCIL. 17. THE PROPOSED DRAINAGE WAYS WILL BE CONSTRUCTED ACCORDING TO APPROVED PLANS PRIOR TO THE ISSUANCE OF ANY PERMITS FROM THE TOWN ENGINEER AND/ OR BUILDING OFFICIAL. 18. ANY RELOCATION, MODIFICATION, ETC. OF EXISTING UTILITIES AND/OR PUBLIC IMPROVEMENTS NECESSITATED BY THE PROPOSED DEVELOPMENT WILL BE AT NO EXPENSE TO THE PUBLIC. 19. THIS PROJECT WILL BE SERVED BY ORO VALLEY WATER UTILITY WHICH HAS BEEN DESIGNATED AS FiAVING AN ASSURED 100 YEAR WATER SUPPLY BY THE DIRECTOR OF WATER RESOURCES. 20. ON -SITE SANITARY SEWERS EXCEPT PUBLIC SEWER WITHIN PUBILIC SEWER EASEMENTS OR OR RIGHT-OF-WAYS, WILL BE PRIVATE AND WILL BE CONSTRUCTED, OPERATED AND MAINTAINED ON A PRIVATE BASIS. THE LOCATION AND METHOD OF CONNECTION TO AN EXISTING PUBLIC SANITARY SEWER IS SUBJECT TO REVIEW AND APPROVAL BY THE PIMA COUNTY WASTEWATER MANAGEMENT DEPARTMENT AT THE TIME OF SUBMITTAL OF PLUMBING OR BUILDING PLANS. 21. THE SOILS ENGINEER OF RECORD OR OTHER REGISTERED PROFESSIONAL CIVIL ENGINEER WITH EXPERTISE IN THE AREA OF SOILS ENGINEERING SHALL CERTIFY, IN WRITING, THAT ALL SOILS OPERATIONS FOR THIS DEVELOPMENT WERE PERFORMED IN ACCORDANCE WITH THE RECOMMENDATIONS AS SET FORTH IN THE GEOTECHNICAL INVESTIGATION BY SPEEDIE AND AS�;XIATES AND ANY ACCEPTED 'ADDENDA/ AMENDMENTS MADE THERETO. SAID ENGINEER WILL FURTHER CERTIFY, IN WRITING, THAT ALL MATERIALS UTILIZED ON THIS DEVELOPMENT ARE IN CONFORMANCE WITH THE ACCEPTED PLANS AND SPECIFICATIONS. CERTIFICATIONS, IN WRITING, ARE TO BE RECEIVED BY THE TOWN ENGINEER OF THE TOWN OF ORO VALLEY PRIOR TO THE REQUEST FOR ANY BUILDING PERMITS AND/OR INSPECTION AND THE RELEASE OF ASSURANCES. 22. THE PROFESSIONAL ENGINEER OF RECORD SHALL SUBk"IT AS -BUILT RECORD DRAWINGS AND CERTIFY IN WRITING THAT ALL IMPROVEMENTS, WHETHER PRIVATE OR PUBLIC, HAVE BEEN CONSTRUCTED, PI,ACED, INSTALLED, ETC., IN SUBSTANTIAL CONFORMANCE WITH THE ACCEPTED PLANS FOR THIS DEVELOPMENT. CERTIFICATIONS, IN WRITING AND THE AS -BUILT RECORD DRAWINGS ARE TO BE RECEIVED BY THE TOWN OF ORO VALLEY A MINIMUM OF TWO (2) WEEKS PRIOR TO THE REQUEST FOR CERTIFICATES OF OCCUPANCY AND/OR FINAL INSPECTION BY THE DEPARTMENT OF PUBLIC WORKS AND THE RELEASE OF ASSURANCES. IF THE PROJECT IS PHASED THE ABOVE PERTAINS TO EACH PHASE. 23. ALL GENERAL NOTES AND CONDITIONS OF APPROVAL FOR OV 12-06-14 PRELIMINARY PLAT, DEVELOPMENT PLAN, AND MASTER LANDSCAPE PLAN APPLY. 24. THE PROPERTY OWNER, HIS SUCCESSORS, ASSIGNS OR A DESIGNATED MANAGEMENT ASSOCIATION AGREES TO 1) KEEP ALL REQUIRED LANDSCAPED AREAS MAINTAINED IN A WEED/INVASIVE PST FREE CONDITION, 2) REPLACE ANY DEAD PLANT MATERIALS WITHIN 90 DAYS ,AND 3) MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER. 4) MAINTAIN THE PUBLIC ART AND CONDUCT REPAIRS AS NEEDED. 25. ADDITIONAL PARKING WAS GRANTED BY DRB VIA AN ALTERNATIVE PARKING ANALYSIS. 26. ALL TERMS AND CONDITIONS OF THE PRELIMINARY PLAT AND DEVELOPMENT PLAN APPROVAL SHALL APPLY. The Engineering Planning Surveying Landscape Architecture Urban Design WLBVVI[ Offices located in Tucson, Phoenix, LJ Flagstaff, AZ and Las Vegas, NV Group 4444 East Broc3dvvcay Inc, Tucson, Arizona (520) 881-7480 r am" DEDICATION WE, THE UNDERSIGNED, HEREBY WARRANT THAT WE ARE ALL AND THE ONLY PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND SHOWN ON THIS PLAT AND WE CONSENT TO THE SUBDIVISION OF SAID LAND IN THE MANNER SHOWN HEREON. WE DEDICATE TO THE PUBLIC ALL RIGHTS -OF -WAY SHOWN HEREON, INCLUDING ALL STREETS, EASEMENTS (DRAINAGEWAYS, ALLEYS). UTILITY EASEMENTS AS SHOWN HEREON ARE DEDICATED FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE OF UTILITIES AND SEWERS. EXCLUSIVE EASEMENTS FOR TOWN USES AS SHOWN HEREON ARE HEREBY DEDICATED TO THE TOWN OF ORO VALLEY. WE, THE UNDERSIGNED, OUR SUCCESSORS AND ASSIGNS, DO HEREBY SAVE THE TOWN OF ORO VALLEY, ITS SUCCESSORS AND ASSIGNS, THEIR EMPLOYEES, OFFICERS AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES RELATED TO THE USE OF SAID LANDS NOW AND IN THE FUTURE BY REASON OF FLOODING, FLOWAGE, EROSION OR DAMAGE CAUSED BY WATER, WHETHER SURFACE, FLOOD, OR 'RAINFALL. IT IS FURTHER UNDERSTOOD AND AGREED THAT NATURAL DRAINAGE SHALL NOT BE ALTERED, DISTURBED OR OBSTRUCTED WITHOUT APPROVAL OF THE ORO VALLEY TOWN COUNCIL. PRIVATE DRAINAGEWAYS AND COMMON AREAS AS SHOWN HEREON, ARE RESERVED FOR THE PRIVATE USE AND CONVENIENCE OF' ALL OWNERS OF PROPERTY WITHIN THIS SUBDIVISION, THEIR GUESTS AND INVITEES, AND (EXCEPT FOR DRAINAGEWAYS), FOR THE INSTALLATION AND MAINTENANCE OF UNDERGROUND UTILITIES AND PUBLIC SEWERS. T1TLE TO THE LAND OF ALL PRIVATE DRAINAGEWAYS AND COMMON AREAS SHALL BE VESTED IN AN ASSOCIATION OF INDIVIDUAL LOT OWNERS AS ESTABLISHED BY COVENANTS, CONDITIONS, AND RESTRICTIONS IN DOCKET PAGE I IN THE OFFICE OF THE PIMA COUNTY RECORDER. EACH ANO EVERY LOT OILER IVATHIN THE SUBDIVISION SHALL BE A MEMBER OF THE ASSOCIATION, WIHICH WILL ACCEPT ALL � RESPONSOLITY FOR THE CONTROL, MAINTENANCE, SAFETY AND LIABILITY OF TIME PRIVATE DRAINAGEWAYS, PUBLIC SEWERS AND COMMON AREAS WITHIN THIS SUBDIVISION, AS SHOWN HEREON. INNOVATION RATION C TER, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY NOTARY STATE OF ARIZONA COUNTY OF PIMA �SS ON THIS THE I'll DAY OF ��aRM�Yl 2007, BEFORE ME, THE UNDERSIGNED OFFICER, PERSONALLY APPEAREDCL" WHO ACKNOWLEDGED HIMSELF (HERSELF) TO BE THEV� Iftf�fit, , III AlCncar A OF INNOVATION CORPORATION CENTER, L.L.C., N ARIZONA LIMITED LIABILITY COMPANY BEINGI AUTHORIZED SO TO DO, EXECUTED THE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN CONTAINED, BY SIGNING ASUIU_ PL (£L`-N-Jd1c' NOTA PUBLIC MY COMMISSION EXPIRES: HATER ADEQUACY A CERTIFICATION OF ASSURED WATER SUPPLY HAS BEEN RE IVED FROM THE DIRECTOR OF WATER RESOURCES. BY: " !_1 a /0'4 0 WATER UTI ITY DIRECTOR DA I L: �► �b 5 SHEET LAYOUT 0' 150" 300" 450" 6?%mmmm UEET 2 �/ OWN% �� SHEET 3 FOUND STONE 1 /4 COR. 31, 1132 FOUND ACP AT SECTION CORNER FOUND ACP LS 35980 N 2.07', W 0.23' R14E rl- 0 N � pp V) NID UNSUBDED A _ 1 (trTER v ale 7t :i'. ill .\ • 11S 31 1 1C s 8K 51(W), PG 011 B KT. (W), PG.71 3 0 a 3 i ca i a z F_ 0 J J a z i N V U) 0 L Q_ 0 W z i 0 LO 0 Ln a, 3" = 1 MILE CATALN�iA v� LOCATION MAP SATE z A PORTION OF SEC. 31 & 32, T.I I S., R.14 E., G. &S. R. M., TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA LEGEND • FOUND MONUMENT AS NOTED LOTLINE O SET 1 /2" IRON PIN TAGGED LS 12214----------- CENTERLINE o FOUND SURVEY MONUMENT ---------- EASEMENT BRASS CAP SURVEY MONUMENT SECTION LINt BOUNDARY LINE OR LOT LINE TIE LINE �,y PESO ---------- 1' NO ACCESS EASEMENT RECORDING DATA J� 90 (1' NAE) STATE OF ARIZONA) � PIMA COUNTY p NO: 2=196=5 Maps not picked up in 45 days + )SS g9/zoNP FEE: g Ad - °- will be recycled. 2& COUNTY OF PIMA) THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF THE WLB GROUP, INC., ON THIS '� DAY OF t)CAak LK 20_4_, AT 11 A,M.IN BOOK_ OF MAPS AND PLATS AT PAGE THEREOF. F. ANN RODRIGUEZ, PIMA COUNTY RECORDER BY: DEPUTY FOR PIMA COUWV RECORDER ASSURANCES ASSURANCES IN THE FORM OF FROM AS RECORDED IN IN DOCKET PAGE HAS BEEN PROVIDED TO GUARANTEE DRAINAGE AND STREET IMPROVEMENTS (INCLUDING MONUMENTS) AND UTILITY IMPROVEMENTS (ELECTRIC, TELEPHONE, GAS, SEWER, WATER) IN THIS SUBDIVISION. BY: y MAYOR - TOWN OF ORO VALLEY DATE: ASSURANCE "INE FORM OF . FROM IN THE AMOUNT OF S HAVE BEEN PROVIDED TO GUARANTEE THE RESEEDING OF THIS SUBDIVISION IN THE EVENT THE PROJECT IS ABANDONED. CERTIFICATION I HEREBY CERTIFY THAT THE BOUNDARY SURVEY SHOWN ON THI PERFORMED UNDER MY DIRECTION AND THAT ALL EXISTING AND, SURVEY MONUMENTS AND MARKERS SHOWN ARE CORRECTLY FURTHER CERTIFY THAT THIS PLAT WAS PREPARED UNIQF,,,R Y C JACK A. BUCHANAN, R.L.S. NO. 12214 PLAT WAS R PROPOSED RIBED. I ECTION. FINAL PLAT RESUBDI VISION OF BLOCK 1 RANCHO VISTOSO NEIGHBORHOOD 3 INNOVATION CORPORATE CENTER LOTS 1 THRU 37 AND COMMON AREA A (PRIVATE DRIVES, PARKl)W, PUBLIC AND PRIVATE UTILITIES, OPEN SPACE AND LANDSCAP11W) BEING A RESUBDIVISION OF RANCHO YISTOSO NEIGHBORHOOD 3 INNOVATION CORPORATE CENTER, BLOCKS i THRU 6 AS RECORDED IN BOOK _ MAPS & PLATS, PAGE _ , AND BEING PORTIONS OF SECTIONS 31 AND 32, T.11 S., R.14 E., G.&S.R.M., TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA OV#12-06-1" JUNE, 2007 SCALE: AS NOTED WLEI NO. 185050-VWOI -0106 SHEET 1 OF 3 ' � f BOOK PAGE I& l RAMI10 t' I S T0SO NEIGHBORHOOD 3 L0T 5 BK P5 6 ,T1k P, PG. 65 L=27.19 FOUND R=575.00' 2-42934w BCSM / 0 LS12214 DRAINAGE EASEMENT / / / /F o�O ��,�° / 5,085 SF �'� �►� �� jr &0 `� p / 2,726 SF tK s 3 ,•p c�. 00 r / ,726 SF FOUND 4,610 SF 9s3r. s BCSM S12214 11.12' / , 6F,, �h0 s'0�- �, �L5 ss0s- �! N42'45'00" , 5° po 4 '��•' \ 4,818 SF 2,876 SF 3r ;P LP GO * 4,333 SF 0y • , /�. �,COMON AREA "A " L=19.20 IV lk L= 24.86 / R=39.50' \ L-=36'03'59" SLOPE EASEMENT rr�o 6' % BK. 54 M&P, PG. 36 0 / 9J F S F,y9sF �� \ 9 '•.,pp- , , / 20 WATER EASEMENT / s'��F,y \ �� 4,135 SF 1 , DKT. 8065, PG. 993 / rr r G� 5 °,� / / �; �� _ --- COMMON A �L�A �� CO ii�fA(0N AREA A Fti,�� .���° o \� \ �� / ,�� �\ o� 10 �` F�° s_ _ 190,032 SF S50' `� �� 100' ,5�� 2,508 SF � M&P PG, t ��0'S1�h`OhOpo ..''',S•: 00, , , / , / / `/ �`rF�'�yc `,��/ o \ �/ \ ,�o�g1•�F s ���DIAC-C�0\ 2,491 S ° f,3 INNO/rATON CORPORA] I4,005SF FOUND \ ✓ / S`� �" `��c� -r - BCSM , / , / '� -'• w �' 9 3� �'� / \� / �� `'s '� o,�° , �� ts. C�� .,V T T, I \, -- �- ,� �� LS12214 '•! / / r� 6' o, 0 2 46„ SF \ o °� '1�55 12 �• r 5 5 1 �i ��, `� - \ �/ °' c�Fj 4,144 SF, T /� ..• / / F,,;L L=12.41 - ��5 34 moo/ ✓ ��� �O°�°, 'k ` 1, ��, • , / / . 9S�c. o R=23.50' `r�i• 6�� "�c, 2,544 SF �c • '� / F a - 30'15 41 0 o S13 4,417 SF 4, 888 SF N�q 55°'3r do S 7. 62' / Ln S84 59'44ME o S5 o N ^ 41.79 001 � � � '\ 4,596 S 26' DRAINAGE EASEMENT 142,651 SF �-- FOUND ��,b� ,BX. 5�M`PP�3lo ��ti 9'32'12"W(R / ^ �S`��1���� BCSM 0�O b•�► /� � ' w� LS12214 p/y�o •`� / �� �v� J� - o "' 30 31 �Q' 'c�� / l 29 2 336 2,877 32 ��S N \ 3„372 SF SF SF 4,690 SF o °� P4"O' Pj��\ �c� QPt�'P " / / MCP �I►e-� �y. O � rn 3 Cn S p,� � � �� t' / � O cD � • V' / N6 B • • 0 moo.If Z3 o / \ Cw o 00 \ , 0 o� 3.66 N2 00 N ' r- a / �;,� o R / \ o_ O / � 2 \ /� \ \ / 4 • �1 6 L=16.24 N84 33 41 W 6 �8 1. ,�, S O� , / ���0/q� ? N4 , • 0�' / / h1o° " R=24.00' / S.ss 99, �, �°h o� F ,� o ,�� / X < FINAL PLAT a=38'46' 5" / / �•�,, S�8 �''� ,�p��gSF�yl�c / \ RE'UBDIVISION OF BLACK 1 J� � \ / '6 \ RANCHO VISTOSO NEIGHBORHOOD 3 INNOVATION CORPORATE CENTER M N M U U IAA ATCH0 VIS'TOSO �VE,IGIIB0RLI00D L0I` 8 8 e54 AI&P. PG. 3 C' The Engineering Planning Surveying Landscape Architecture Urban Design WILB Offices located in Tucson, Phoenix Flagstaff Arizona, and Las Vegas, Nevada Group -4444 East Broadway Inc, Tucson, Arizona (520) 881-7480 N 3 7 CV 1 a J Q Z O i J Q Z L� N 4) N v rn i w Z 0 O 00 SEE SHEET 3 LOTS 1 THRU 37 AND COMMON AREA A (PRIVATE DRIVES, PARKING, ,F,CATE IR PuBmc AND PRIVATE UTILI?'IES, OPENPING SPACE AND LANDSCAPING)) o' 409 so' 2of ``�,2214* �o LYING WITHIN RANCHO VISTOSO NEIGHBORHOOD 3 INNOVATION CORPORATE CENTER, BLOCKS 1 THRU 6 JACK A. 'D AS RECORDED IN BOOK MAPS & PLATS, PAGE _ , AND BEING PORTIONS OF SECTIONS 31 AND BUCHANAN 32, T.11 S., R.14 E., G.&S.R.M., TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA OV#12-06-14A JUINE, 2007 SCALE: 1" =40' WLe NO. 185050—VW01-0 1 06 SHEET 2 OF 3 BOOK- /A'A -PAGE //-Imwl M BOOK (1.5- PAGE _ J&_ BOOK Ln2 PAGE RaAw 2