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HomeMy WebLinkAboutOV129307 TC 14.rti OF 01 VATI',E Y AS SURiii,NCES, EXHIBITS . CC!41-RS CHECKLIST _ t p CV CkS Et NO:I-2 - /. PROJECT' NAME: c e__;) //...e , ? - DATE SUBMITTKL ACCEPTED: 3 42/ /ri CO CIL DATE:_7/..2/ CHECK IN (ADMINISTRATIVE ASSISTANT) 1-iiii FOLLOWING ARE REQUIRED: I ASSURANCE AGREEMENT ORIGINAL: AND ONE COPY: — 1 EXHIBIT A: LEGAL DESCRIPTION (TWO COPIES) : — EXHIBIT B: TRUST AGREEMENT (TWO COPIES) : OR ONE COPY TRUST AGREEMENT: AND ONE COPY OF DECLARATION OF TRUST & ASSIGN. BENEFICIARY: EXHIBIT C: IMPROVEMENT REQUIREMENTS (TWO COPIES) : — CC&WI S (TWO COPIES) : L-- FORWARD TO ASSURANCES COORDINATOR: COKKEXT: _ k - 1--.. ASSURANCES COORDINATOR RECEIVED: 02 //17 ,3 REVIEWED: (----- FWD TO ZONING ADMINISTRATOR: 6,4e,, • -f RETURNED TO DEVE LOPER:c7Le e ee-, i( .1 F7/43/ff.?- --e-t e-et-fie--s,_ -0---f-k-,-- A. , ,ft.- SIGN.ATURE: •____12:4& II . ZONING ADMINISTRATOR RECEIVED: tiSC; q _. REVIEWED: 4'(_ __j13 t t FWD TO TOWN ENGINEER: .7 RETURNED TO ASSURANCES COORDINATOR:. b fif,/ 95 cc.ThuiENT: ciZ5 A 6XC- WO ..tfiria,QA,ALL. 40 Z--- 441- 44SrAeiti, 415erft--. SIGNATURE: --72 • - --T- III III. TOWN ENGINE ir RECEIVED: 71'3M3 ?/13/5.3 REVIEWED. FWD TO ASSURANCES COORDINATOR COMMENT: CoI/W2J gea f /VO/"~ 4-) 4c5,4e 41‘W'flopoi.i. CA/Ad. gh.J 14-44 ? u 'j J j 1U,1 E Net) idoveezi,4 of l r3 ef6/4Ag.0 Lor IgroKeoloxiopF SIGNATURE: IV. ASSURANCES COORDINATOR RECEIVED: COMMENTS REVIEWED: CORRECTIONS MADE: Ot--eye FWD TO TOWN ATTY: RECOMMENDATIONS: SIGNATURE: z', f V. TOWN ATTORNEY RECEIVED: REVIEWED: FWD TO ZONING ADMINISTRATOR: DENIED: COMMENT: S IGNATURE: VI. ZONING ADMINISTRATOR FOR COUNCIL COMMUNICATIONS: VI I. TOWN CLERK RECEIVED: REVIEWED: COMMENT: DOCUMENTS RECORDED ASSURANCES: NO: CC&RS: RESTORATION BOND: NO: SIGNATURE: 08/16/95 Minutes, Council Regular Session 4 Model Numbers 1578-3; 1578-4; and 1905. MOTION carried 3 - 1 with Councilmember Roszak opposed. 4. OV12-93-7 FAZIO (EL CONQUISTADOR PATIO HOMES) REVISED LANDSCAPE PLAN (CONSIDERATION AND/OR POSSIBLE ACTION) Don Chatfield, Planning Director stated this item was continued from the June 15th Council meeting to address additional issues. He mentioned 2 letters have been submitted this evening from Mr. Preston Newton, President, Shadows of the Ridge at El Conquistador HOA, attached to his letter is Mr. Newton's landscape plan. The second letter is from Perry Rivkind stating that 9 out of the 14 homeowners are opposed to any reconstruction of the wall and prefer to see additional trees placed at the back of the wall. Mr. Chatfield addressed the six issues raised by the property owners: 1. Wall cuts with tree planters inserted and planted. (DRB and staff's Condition number 1 addresses this request. Condition number 1 states "A 4 foot section be removed and an alcove be created a minimum of every twenty feet for the entire length of the wall. This alcove would then have a minimum 24-inch box or 24-inch spaded size tree planted within the alcove area and be provided with the appropriate automatic irrigation provided.") 2. Plant with hotel approval a tree line on hotel property adjacent to the wall. (Staff found that this request could not be appropriately addressed through the revised landspace plan. This request places the Council in the position to try and require off-site improvements that have no relationship to this project.) 3. Revised drainage on the east side of homes to the existing wash. (Mr. Chatfield stated the existing development plan has an approved drainage plan which was constructed based on engineering standards and site inspections by our public works department. A revised drainage plan may be required to change any approved drainage for the development. The application for a revised landscape plan would not be the appropriate time to address the drainage issue. Staff is requesting that the homeowners work with the public works department to address any drainage issues in a separate agenda item.) 4. Planting groundcover on graded areas. (Mr. Chatfield stated the approved final landscape plan identifies hydroseed as a stabilizing material to be used on these graded areas. He stated we possess a $5,000 performance bond that Mr. Fazio posted. This would be used to revegetate the graded areas if upon staffs determination, the hydroseed did not take or in some way was substandard. He stated the Council could choose to require that a revised landscape plan use a different type of groundcover for the graded areas, if the Council so desires.) 5. Install irrigation drip system on common and wall planting with meter. (Mr. Chatfield • 08/16/95 Minutes, Council Regular Session 5 �,x•r construction be `ranted until completion of this plan as approved. (It would be inappropriate to hold up a project which is not specifically related to this project. But, the Council could require an increase in the landscape bond to guarantee that the approved plans will be acted upon. Currently the town has a landscape bond in the amount of S7,000. The Council can require that a cost estimate be provided and that additional bonding be posted.) Mr. Chatfield stated Planning Staff concurs with the DRB's recommended approval for the revised landscape plans, with the stipulation that an irrigation plan be submitted for approval by staff. The DRB approved a motion with staffs recommended conditions. Mr. Chatfield explained the following options: 1. Move ahead as recommended by the DRB and remove the sections of the walls and do r the plantings with enhancements. ?. Proposal from a portion of the homeowners association that Option 1 is unnecessary and that the best treatment would be to plant trees behind the wall. These options are a matter of taste, however, staff stands with the DRB recommendations that we remove portions of the wall and create alcoves with trees, but we would be willing to consider the option of planting trees behind the wall. Preston Newton, President of the Shadows of the Ridge Homeowners Association distributed a landscape plan proposed by the homeowners to the Town Council. He stated that he would be happy to work out a negotiation with the builder and the homeowners. He disputed the letter submitted by Perry Rivkind. John Fazio, 1270 E. El Conquistador Way and owner of Fazio By Design. Mr. Fazio gave history of the issue and his discussion about changes to the plan that was approved by a former engineering employee out in the field about moving the wall and what should be planted in the area. He referred to notes made by the engineering employee and that he as an affadavit to that effect. He stated he did what the engineering employee told him and trusted him. He stated there are only 12 homeowners living on Shadow Ridge. He submitted a plan showing what the homeowners would like to see done. He has talked with Johnny So, General Manager of the Sheraton who has stated that the Sheraton will allow the trees to be planted behind the wall and then the hotel will maintain them. This wall will screen the neighbors from the hotel parking lot. Mr. Chatfield stated we have a violation of what was originally approved, one staff member cannot serve as the DRB or Town Council in changing conditions. He recommended a 2 week continuance for further study. Mr. Fazio asked that the homeowner's decide what they want. He feels the citizens want Plan A, but Plan B proposed by Mr. Newton is so close, either one would be fine. He would like to I , 08/16/95 Minutes, Council Regular Session 6 live in harmony. Mr. Chatfield offered to assist in reaching a settlement of this issue. A MOTION was made by Councilmember Wells and SECONDED by Vice-Mayor Parisi to continue this item to September 6, 1995. 5. OV12-94-1 OB RANCHO VISTOSO,NEIGHBORHOOD 5,PARCEL T REVISED FINA PLAT (CONSIDERATION AND/OR POSSIBLE ACTION) Don Chatfield, Planning Director stated Pulte Homes is requested approval of a revise. nal plat for 120 lot single family detached subdivision located on the east side of Rancho ' oso Blvd., at its intersection with the Woodburne Avenue alignment. The original fin slat and final landscape plans for Parcel T were approved by Council on 11/16/94. Staff re - mends approval of the revised final plat for Rancho Vistoso. Neighborhood 5, Parcel finding it to be in conformance with the approved preliminary plat and finding that the , . configuration of Lots 1. 42, and 43 will help to minimize till slopes in the common a- - (adjacent to Lot 1) and improve the drainage at the north end of the site. A MOTION was made by Vice-Mayor Parisi and SEC• l ED by Councilmember Wells to approve OV 12-94-10B, a revised final plat for Rancho ' toso. Neighborhood 5. Parcel T, with ,: :; the following conditions: Exhibit-A: 1. The areas of encroachment into the corn •n area open space shall be kept to a minimum. The extent of such disturbance mus •e reviewed and approved by the Planning and Zoning Director, in consultation w' the Town Engineer. Exhibit B: 1. All Town Engineer signature .. `cks on page one shall be changed to read "Town of Oro Valley Public Works Depa ent." 2. Landscaping along Ranc • istoso Blvd. and the northeast side of the subdivision shall be resolved to the To , ' ngineer's satisfaction prior to recordation of the final plat. 3. Sight distance (SV '� " easements shall be appropriately shown per the sight distance triangles on the .....roved preliminary plat. 4. Access "stars" •- all be added or readjusted so they correspond with locations shown on the prelimin plat. 5. Section nu ;:.ers shall be added in the proper location at the southeast quarter corner. 6. The foll.;:,'ing shall be added under General Notes: On all slopes steeper than 3:1, the develo Ir shall guarantee by covenant a two-year survival rate or replacement of all reve - ation and plantings. And. the areas within the 100-year floodplain lines represent Ian �ea which is subject to flooding from a 100 year frequency flood and all land in this odplain area shall be restricted to uses that are compatible with the applicable Oro :Walley Floodplain Management Code. And, drainage will not be altered, disturbed or • obstructed without approval of Oro Valley Town Council. .;;w ; 7. A revised final plat reflecting the above conditions shall be submitted to the Town 09/06/95 Minutes, Council Regular Session 19 MOTION: Councilmember Wells moved to recommend approval of OV 12-94- 14. Shadows of the Ridge, Lots 1-25, Final Landscape and Recreation Plans, with the stipulation that an irrigation plan shall be included in a revised Final Landscape Plan and the five new saguaros being relocated on site as approved by the Planning Director. Vice Mayor Parisi seconded the motion which carried 4-0. ITEM 12 - OV12-93-7 REQUEST FOR REVISED LANDSCAPE PLAN APPROVAL FOR THE EL CONQUISTADOR RESORT PATIO HOMES (CONTINUED FROM 8/16/95) Planning and Zoning Director Don Chatfield reviewed the Council Communication stating this item was continued from the August 16, 1995 Town Council meeting because the Council directed staff to have a meeting between the homeowners and the developer in an attempt to reach an agreement on the desirable landscape and wall treatment for this project. Mr. Chatfield was asked by a member of the audience to clarify that this is not the original El Conquistador Patio Homes, this is the section behind the Sheraton El Conquistador Resort. He stated that a meeting was coordinated by Kevin Kish, on Monday August 28 and during the meeting many designs were discussed. He stated that the Planning Staff recommends the approval of the revised landscape plan, as outlined above and that the revised plans be submitted for approval by staff. Mayor Skalsky invited Mr. Tucker to speak. Mr. Tucker thanked Mr. Kish for chairing the committee and doing a fine job. He stated that he was concerned about the plans being completed with the next year. Mr. Tucker asked that he should be required to complete that balance of the job, except for the planting of the trees, before moving on to Phase II. Mr. Chatfield stated that a deadline could be imposed. Mr. Fazio said that one year would be a reasonable amount of time. Mayor Skalsky thanked everyone for their fine job in resolving this issue. MOTION: Councilmember Wells moved to approve OV 12-93-7, El Conquistador Resort Patio Homes, Revised Landscape Plan, as agreed upon by the Shadows of the Ridge Homeowners Association and the Developer as discussed in the staff report, with the conditions listed in Exhibit "A" attached and to be completed by the end of the year (1995). Motion seconded by Councilmember Kautenburger which carried 4-0. ITEM 13 - OV12-94-33 RECONSIDERATION OF SUNRIDGE I FINAL PLAT Planning and Zoning Director Don Chatfield reviewed the Council Communication stated that the TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETLNG DATE: September 6, 1995 TO: HONORABLE MAYOR & COUNCIL FROM: Kevin Kish, Planner II SUBJECT: OV 12-93-7 Request for Revised Landscape Plan Approval for the El Conquistador Resort Patio Homes SUMMARY: This item was continued from the August 16th Town Council meeting to allow Town Staff the opportunity to help the homeowners and developer reach a agreement on the desirable landscape and wall treatment regarding this project. The Town Staff coordinated a meeting between the property owners and the Developer. This meeting was held on Monday August 28th in the Town's Council Chambers. During the meeting several designs were discussed and alternatives proposed. The following is the consensus of what was agreed upon at this meeting. 1. The Wall shall be provided with a brick/block cap, similar to the treatment found on other walls in the El Conquistador patio home complex. 2. Plant, with hotel approval, a tree line on hotel property adjacent to the wall. The developer stated that he is working with the hotel to achieve this requirement. The trees (Chilean Mesquite) may be clustered with the locations being advised by the existing homeowners. The developer desires to not offend existing homeowners which may have desirable views from their front porches. These trees are looked upon as providing the visual barrier between the homes and the hotel (parking lot). 3. The developer will also provide an extension to the existing wall to provide an area which could identify this project. This extension will be located at the north end of the existing wall. 4. Pre-cast concrete appliques will be placed on the front of the wall. This will provide some aesthetic relief for the homeowners. These appliques shall be a minimum of two feet in height and width and be of a design acceptable to the Homeowners Associations. They will be located at a minimum in front of each building cluster (minimum 6 appliques). TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: September 6, 1995 RECOMMENDATION: Planning Staff recommends approval of the revised landscape plans, as outlined above and that revised plans be submitted for approval by Staff. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve OV 12-93-7, El Conquistador Resort Patio Homes, Revised Landscape Plans, as agreed upon by the Shadow of the Ridge Homeowners Association and the Developer as discussed in this staff report, with the conditions listed in Exhibit "A" attached. OR I move to approve OV12-93-7, El Conquistador Resort Patio Homes, Revised Landscape Plans, as forwarded by the DRB, with the conditions listed in Exhibit "A" attached and the following added conditions: OR I move to deny OV 12-93-7, El Conquistador Resort Patio Homes, Revised Landscape Plan finding that: 1. Exhibit "A" - Conditions 2. Minutes from the August 16th Town Council meeting • dr • me H-.'. Town Manager 12-93-7\Ipplan2.tcc 01-10-95 DEVELOPMENT REVIEW BOARD MEETING MINUTES 19 Chairman Moutafis said the board wants to give the applicant "the bottom line." Chairman Moutafis then entertained a motion. Bill Adler said it is the board's policy to state reasons for what ever action is they take and he suggested that there was no evidence of facts submitted this evening addressing conditions of continuance that the DRB attached with the motion to continue in December. Mr. Adler said, we have nothing before us to clarify and the conditions that were attached to the motion attempted to give you that bottom line, attempted to identify where we needed to go in order to make a reasonable decision. Bill Adler MOVED TO CONTINUE/POSTPONE INDEFINITELY OV12-94-29 RANCHO VISTOSO, NEIGHBORHOOD 13, PARCEL A, PRELIMINARY PLAT until such time, not only the preliminary plat dispute resolved but also the conditions of continuance that were given in December, specifically asked that staff and the applicant address the issues and that has not been done. Therefore, there is no way the board can act at this time. Shirley Lee SECONDED THE MOTION. MOTION CARRIED 4-0. Joanne Homer of the Public Works Department stated that the PWD did not discover, until this evening, that this item was back on the agenda. She informed the board that because the department did not have a report, did not mean that they do not have an opinion on certain items. They are still working with WLB to have results for the plat and as a condition of approval at the last meeting was to address a list of issues that was submitted to the consultant on December 14, 1994. Chairman Moutafis said the question here is whether or not all of the issues can be resolved and come up with a plan that meets and addresses all of the needs and all of the answers that we need to have to make sure that we have protected this canyon and that we still leave enough land and enough proper environment for the developer to build a great project. He said he respects what the developer does and know the quality of the work that they do and know that what is done is done very well. Honey Bee Canyon is a jewel of Oro Valley and we need to protect it. We need to have the right answers, all the answers, there can't be anything that is untied. We need to have it all packaged and sealed. 5. OV12-93-7 EL CONQUISTADOR PATIO HOMES -REVISED LANDSCAPE PLAN The staff report was read by Kevin Kish. Jeff Brown, Superintendent for Fazio by Design was present. He said he had no problem with removing the wall every 20 feet; 4 foot sections. However, he represents the majority of the homeowners and submitted petitions from ten of the fourteen homeowners. Two homeowners have not yet closed. They are opposed to putting the wholes in the walls because of: 1) security (flow of traffic from the club into their street); maintenance (35-45 trees); and, they are also opposed to having to look at a parking lot full of cars. 01-10-95 DEVELOPMENT REVIEW BOARD MEETING MINUTES 20 Mr. Brown proposed 40 foot section breaks, within those 40 foot sections we would like to put three planters in which we can put cacti or green foliage. In between the 40 foot sections there would be 20 foot sections that would have wrought iron designs, i.e., coyotes, quail, etc. What this will do is artistically decorate the wall and preserve the wall from people walking through (Mr. Brown submitted photo of planters). He also noted that one homeowner who was involved with the immigration was concerned with security. Bill Adler asked at what intervals will the pots be placed. Mr. Brown said, three within every 40 foot section(1 every 13 feet). Bill Adler said at the site tour the use of these planters was discussed and that it seemed like an alternative to him. He said security did not occur to him at that time, he was more concerned with the abruptness break in the wall and a tree may look unappealing. Kevin said there are no exhibits showing the break in the wall. Staff is recommending the 24 inch box or spaded trees. These trees are of mature size and will fill in that area to where passing through is not done easily and it would not be done by a person just walking by and trying to take a short cut; the access is limited. Also the conditions talk about a minimum of 40 feet to have the breaks, these breaks could be adjusted per across the street property owner if they find that it is offensive to be located directly across the garage; it may be adjusted. Walt Wind said the wall is plain and is an eyesore in the neighborhood. He said at this point in time you can only salvage the wall. He asked if the baskets will have to be watered by hand. Mr. Brown proposed cactus gardens in which case it would be low maintenance. If the homeowners choose to use foliage, i.e., flowers, it would have to be changed out every 6 months and watered. He said a drip system could be installed behind the wall to water these plants. This would require maintenance. Walt Wind suggested having trees and baskets. Kevin Kish pointed out that previously the approved set of plans showed the trees at 18 feet on center, so the maintenance of the trees has gone down since we are putting them 20 feet on center. This would be similar to what was originally approved by the DRB and the Council on the original landscape plan. We are not really increasing vegetation that was already approved. We are merely trying to come up with a center ground to achieve this. Shirley Lee asked how large baskets are. Mr. Brown said 2 foot in diameter. Shirley Lee said, in her opinion these are lost on this wall. She said you need something more to fill in this space, i.e., trees, larger pots. Mr. Brown said there will be a problem if they plant mesquite trees. They would have to be maintained in order not to interfere with the drivers in the road. If they plant trees thick enough so that the homeowners don't look at the cars in the parking lot,then they would have to be maintained continuously on the roadside of the tree. 01-10-95 DEVELOPMENT REVIEW BOARD MEETING MINUTES 21 Shirley Lee said, as far as the security, she could not see the difference because someone can go over that wall just as quickly as they could walk through the trees. Chairman Moutafis asked the petitioner if there is a problem in cutting the wall and placing trees. Mr. Brown said he was there to represent John Fazio who is president of the homeowners association who will do this if this is what is required. However, he is president and represents the homeowners and ten of the fourteen homeowners who say no, they do not want this to happen. He said three of the four homeowners who are for this plan will not be affected, the parking lot does not exist until the 5th house on the street. Chairman Moutafis said when you have a plan that is approved by the DRB and the Council and you build whatever you want to build, the only thing we, as a board do is to try to get to a resemblance of what the intent was to begin with. Aesthetically this is not pleasing. Mr. Brown agreed but felt by putting the pots and the wrought iron artistic decoration on the wall that is what they are trying to accomplish. If there is another way he would like to here it. Chairman Moutafis said the recommendation of the staff is to put trees in. Bill Adler asked if both could be done. If the concern is that the wall is barren and needs decoration and staff is recommending trees, then he would personally support this approach because he believes that the homeowners can do some other plantings in this narrow area, i.e., vines, bougainvillea, something that clings to the wall. Bill Adler asked Mr. Brown if he is prepared to do some combination of both of these avenues. Mr. Brown said, as for the combination of the two, he was not in the position to make an agreement. Kevin Kish clarified, what he received and his report, he acknowledged nine current homeowners that signed the petition, and Mr. Brown said he has ten homeowners behind him. Kevin wanted to clarify the numbers: Mr. Rubin's letter has six signatures, there is one petition that's been signed by a duplicate person that has a note on there that reads: in-lieu of the petition signed on (1-9-95) that now apparently wants to go with what the applicant is representing. So, that leaves five signatures on his petition for Mr. Rubin and five for the applicant with an additional three being one of the builders who has retained ownership. Chairman Moutafis invited Mr. Rubin to speak. Ned Rubin said the plan from the Planning Department represents a number of other issues: 1)none of the plantings in front of his house are built to the plan that was submitted (needs to be reinspected); 2) here we have a builder who submits a plan and does whatever the hell he wants to do (puts the wall where he wants to, gives all kinds of excuses, phantom signatures, etc.). Mr. Rubin said he has a problem with the way the builder is behaving. 01-10-95 DEVELOPMENT REVIEW BOARD MEETING MINUTES 22 Mr. Rubin said others are intimidated by the builder, he will not be intimidated and he did not like the idea of pots hanging on walls. He consulted a landscape architect and he said the security issue is bogus because the type of plant that they will come up and meet at the top but they will provide screening from the hotel. He asked the board to support the homeowners that have petitioned your own Planning Department The Chairman entertained a motion. Walt Wind MOVED TO APPROVE OV 12-93-7 EL CONQUISTADOR PATIO HOMES - REVISED LANDSCAPE PLAN subject to staff recommendations, as follows: 1. A four foot section be removed and an alcove be created a minimum of every twenty feet for the entire length of the wall. This alcove would then have a minimum 24-inch box or 24-inch spaded size tree planted in the alcove area and be provided with the appropriate automatic irrigation provided. 2. Decomposed granite shall be installed to a minimum depth of two inches (2") in this project. 3. The zoning inspector shall make a final landscape inspection, to assure compliance with the approved landscape and irrigation plans. Shirley Lee SECONDED. THE MOTION CARRIED 4-0. 6. OV 12-94-31 DESERT VISTA, LOTS 1-207, PRELIMINARY PLAT The staff report was read by Kevin Kish. Joanne Homer of the Public Works Department reported the engineering comments. Bill Adler questioned number 8 of the P&Z report as compared to the original comment. Kevin said that due to further research at the request of the applicant he found that typically they are going with the 10,000 square feet in this area comparable to other developments and staff felt that it was not fair to restrict them to a smaller pad area when in fact the neighboring developments are, or have the ability to have the 10,000 square feet. Kevin said there was an error on the previous report and he is trying to bring it into consistency. Bill Adler asked about the use of the word 'policy" is this actually a policy that the board should bear in mind. Kevin said it is a policy to bear in mind. Currently the policy from the Director is if the 10,000 square foot limitation is acceptable for these types of lots for the perceived homes that will going on them and also amenities. Bill Adler said if these are 13,000 square feet are authorizing mass graded of 10,000 square feet. Kevin believed these lots are half acre lots. 4 DOI 1: 9614 RECORDED BY: G,TIL. R PAGE: 1440 ? DEPUTY RECORDER T- ,, :11111.y NO. OF RAGES:1951 RD 1 U $iz SEQUENCE: 93144069 SOROV 08/26/93 TOWN OF ORO VALLEY ASSAG 14:44:0( 11000 N LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 6. 00 TOWN OF ORO VALLEY EY ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS BY THIS AGREEMENT made and entered into the 14th day of JUNE , 19 93 , between JOHN C. FAZIO Atk as Spokesman eorporationicxax Beneficiary under Trust Po. T 12 4 8 (refe ed to 11'� this Agreement as "Subdivider") ; TITLE GUARANTY AGENCY OF, RIZONA, INC. , an Arizona corporation, as Trustee under Trust No. T-1248 (referred to in this Agreement as "Trustee") ; and the TOWN OF ORO VALLEY EY a municipal corporation, (referred to in this Agreement as "Town" ,and agree as follows: ) , hereby confirm 1.01 'Trustee, pursuant to the land trust agreement described in Exhibit "13" is the owner of a certain parcel of land described in Exhibit "A", which is located in the Town of Oro Valley, Pima Count Arizona. 1.02 The parties to this Agreement wish to establish specific terns, conditions and guidelines for compliance with theprovisions ARS Section 9-4 63.01(C) (8) and Chapter 4, Article 4-9 of of Zoning Code Revised. AGREEMENT the Oro Valley II 1.03. In consideration of the Town approving a final plat for the property described in Exhibit "A"fi commonly referred to as Subdivision Name EL CONQUISTADOR RESORT PATIO, LUCS 232 through 245 , and Common Areas A thru E Oro Valley Case No. 12-93-7 the Trustee and Subdivider specifically agree to all those conditions and requirements set forth herein. 2.01. Property Description: The property which is the subject matter of the Agreement is all that property described in Exhibit " which is annexed to and made a part of this Agreement A , Agreement. 2.02. Assurances. Pursuant to the requirements of ARS Section 9- 463.01(C) (8) , this Agreement is submitted as an assurance for the 1 9slt1 n 411/ completion of subdivision improvements including streets, sewer, water, telephone, gas and electric utilities, drainage and flood control improvements and monuments and property corners as more fully described in Exhibit "C" attached hereto and as required pursuant to applicable Federal, State, County and Town ordinances and regulations. These subdivision improvements are required by the Town of Oro Valley, the improvement standards of the Director of Water, Pima County Wastewater Management Department, the gas and electric utilities and State Statutes and regulations, which requirements are in effect on the date of execution of this Agreement. 2.03. Limitation on Transfer of Title. The Trustee shall not convey title to any of the property described in Exhibit "A" without obtaining prior written approval from the Town in the form of a Release of Assurance signed by the Town Engineer. The Trustee may act in full faith and reliance upon the Release of Assurance. A Release of Assurance shall only be provided the Trustee by the Town upon satisfactory completion and formal acceptance by the Town of the required improvements. The Trustee's only duty under this Agreement is not to convey without first obtaining a Release of Assurances. 2.04. Contracts for Sale. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may enter into contracts for sale of the property described in Exhibit "A", provided such contracts clearly state that the conveyance of title to the property is subject to the limitations contained in this Agreement. The Trustee shall, prior to entering into such contracts for sale, provide the Town with a copy of the form of contract containing the disclosure of limitation on the power to convey. 2.05. Bulk Sales. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee may sell and convey all of the property described in Exhibit "A" in one transaction to a single purchaser, provided that the purchaser shall, prior to conveyance, have submitted to the Town satisfactory assurances for the completion of the required improvements. 2.06. Conveyance Out of Trust for the Purpose of Encumbrance. The limitation on the conveyance of title contained in paragraph 2.03 notwithstanding, the Trustee nay convey all or part of the property described in Exhibit "A" to the Subdivider or Beneficiary of the Trust solely for the purpose of encumbering the property by the recording of mortgages or deeds of trust, provided the property is thereafter immediately reconveyed into the Trust. 2.07. Completion of Improvements. The required improvements shall be completed within two (2) years of the date that the Town Council approved the final plat. This period for completion of improvements may be extended 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 when such extension is determined to be reasonable 2 9 6 I 11 111111 40 and prudent by the Town Council. Any such extension grants 1 sival1 not excel one (1) year. 2.08. 1;; Y r11i.i 1 qt;.1 on of A:; ,111:ciflCE--. AL i.Any tine during the period d s• rim above in' paragraph 2.07 for the completion of improvements (or, if such tine for completion of the required imp oven nts has been c xt-ended by r_;ubli guerit agree_ nt of the p tti.,s, at any time on or before such (:,,xter'.k::x.t date i'or the completion of unproven'' rit ) , Subdivider or Trustee may offr substitute ii.suranc es. Such assurances aha.11 be in a form and all-cunt pt able to the 'lawn and shall be sub j ~t to review and approval by the Oro Valley Yawn Council. 2.09. Tt., ;t i on_and Acx.--eptwic;.e of Tmpnovoii nt-s. The Town may provide for the impection of the required improvc:m nt:4; to insure satisfactory c,cymrii c-t i on. The Tccm will not ac;ct pt cii x•i i c~,1t i on of the 1.1:x juir ed ixnprov.ii tints, nor relt'.:t:iA,, In whole or in part, any property ub j e:ct to tht. kirecinc2nt until 1 the improvements have been satisfactorily c.mpleted and accepted by the Town Eng iric:er. �, �c r-. _ . The 'rum nay provide the 2.10. Part i��1. Release t_t--�:� ��'�. -� Y Trustee with a rlc:.a; :: of Assurance for a portion of the lots c:reatod by the subdivision plat attached as Exhibit "A", provided that all of the improven'cnts required in connection with such lots have been satisfactorily ccaii'plet.cx and accepted by the T wn and provided further that such improvements can be used arxi maintained separately of the improvements ri_ rui_r,,: for the entire subdivision plat.. For example, tcrporary cut.--d.c ace should be provided for incomplet.o streets; water, sewer, gas, telephone and electric facilities should be capable of independent o and adequate access for public safety vehicles should be provide. ±z n-o to Complete_Improvements. In the event that Subdivider i a.i 1 to c:c iirpl.ete the required improvements within the period provided in paragraph 2.07 ck ,eve, the agree that the Town may initidt-e .1 p ••ss to re-plat that portion or portions of the property described in `• l ib it. "A„ for which the inprCNettic?fnts have not Y. en satisfactorily completed. The purpose of such plat initiated by the Town will be to return the p..)ruj er.ty to approximately the sti r boundary con i(ju at.iolr of record betore recording of the subdivision plat: de., .�r.'ird in E}thi bit "A". Prior to initiating any action to re--plat t e portion of property for which is; rovcriients have not been completed, the Town shall provide the Trustee and Subdivider with thirty (30) days written notice of the Town's intent. to re-plat. The notification SI1�..'.11 be s nt by firt:it class /r4 i 1, sal l be dc. imal received upon rca i l ing and shall be sent to the follo4 ng addresses: TITLE GUARANTY AGENCY AGENCY OF ARIZONA, INC. , TRUSTEE TRUST T-1248 Trustee DEBRA T. D R, Subdivider JOHN C. FAZ 0,SPOKESMAN ASSISTANT ICE PRESIDENT 3 t. t. 0 . 1111 The Trustee and Subdivider, as record owner and subdivider, respectively, agree that they will execute such plat returning relevant portions of the property to approximately the Sdine boundary configuration of record existing before recording of the plat described in Eht.ibit "A.". The parties hereto have executed this Agreement this 4 th _ day of liigust , 19 9 3 . TOWN OF Okla 'VALLEY a municipal corporation „/ // ems-• -� __ �� YOR IG'ED: As Town C,rk and not personally 7-60 APIWVED AS To R) this day of - , 19/(3 / • Gary D. Kidd, Town Atto -y DF.VFIDPER/St)BDTVIDER: BY: <J_QT N__--G _FAZIQ—- —As: SPOKESMAN STATE OF ARI ZONA) ss COUNTY OF PIA ) lAdt-1 This instrument was acknowledged before. itme this 17 day of JUNE , 19 93 by JOHN C. FAZ I O _ ds SPOKESMAN FOR BENEFIICARIFc ///////////////////////////////////.//// - - - - - - - - - - A, 4 .4., .CAPOL A. CASTRO na ( &,,i2L''T -l pg COuN1Y My Commission ExpireSl1lKY PUBLIC F�:hruary 14, 1996 My commission -xvir 4 I Li. 1443 "EXHIBIT A" • LEGAL DESCRIPTION RE: 152419 CS That portion of the Northeast Quarter of the Southwest Quarter of Section 18, Township 12 South, Range 14 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: COMMENCING at the Southeast corner of the said Northeast Quarter; THENCE North 89°51 ' 14" West, along the South line of the said Northeast Quarter, a distance of 640.34 feet; THENCE North 00°00'00" East, 118.58 feet; THENCE North 18°10'02" East, 40.00 feet to a point on the arc of a non-tangent curve, concave to the Northeast, a radial line of said curve through said point having a bearing of South 18°10'02" West, said point being on the Easterly right-of-way line of that Easement recorded in Docket 7522, at Page 137; THENCE Northwesterly, along the said right-of-way line, along the arc of said curve, to the right, having a radius of 80.00 feet and a central angle of 56°55' 19" for an arc distance of 79.48 feet to a point of tangency; THENCE North 14°54 '39" West, along the said right-of-way line, a distance of 40.00 feet to a point of curvature of a tangent curve, concave to the East; THENCE Northerly, along the said right-of-way line, along the arc of said curve, to the right , having a radius of 150.00 feet and a central angle of 03°13' 12" for an arc distance of 8.43 feet to the POINT OF BEGINNING; THENCE Northerly, along the said right-of-way line, along the arc of said curve, to the right, having a radius of 150..00 feet and a central angle of 34°12'02" for an arc distance of 89.54 feet to a point of tangency; - CONTINUED - i. i ! i::t: "EXHTB7T A" LEGAL DESCRIPTION Re: 152419 CS PAGE 2 THENCE North 22°30'35" East, along the said right-of-way line, a distance of 243.34 feet to a point of curvature of a tangent curve, concave to the West; THENCE Northerly, along the said right-of-way line, along the arc of said curve, to the left, having a radius of 620.00 feet and a central angle of 45°53'42" for an arc distance of 496.63 feet to a point of tangency; THENCE North 23°23'07" West, along the said right-of-way line, a distance of 49.24 feet; THENCE South 79°32'34" East, 114.62 feet; THENCE South 21°05'02" East, 88.96 feet; THENCE South 62°18'42" East, 114.06 feet; THENCE South 15°59' 11 ' West, 192.44 feet; THENCE South 20°05'14" West, 320.01 feet; THENCE South 37°15'00" West, 241 .21 feet; THENCE North 82°38'51" West , 12.05 feet to the POINT ON BEGINNING, EXCEPT all coal and other minerals as reserved in the Patent from the United States of America. (JV arb 89) • A 1 El LLti.5 EXHIBIT "B" DECLARATION OF TRUST Pursuant to Section 33-404, ARS, DEBRA T. DYER as Assistant Vice President of TITLE GUARANTY AGENCY OF ARIZONA, INC. , an Arizona corporation, and not personally, being duly sworn and upon oath declares: That TITLE GUARANTY AGENCY OF ARIZONA, INC. , an Arizona corporation, as Trustee and not personally, under its Trust No. T-1248 holds title to the following described property under that certain Deed dated May 21, 1993 , recorded May 24, 1993 , in Docket 9548 , Page 62 , records of Pima County, Arizona: *For this particular Assurance Agreement, the legal description is: Lots 232 thru 245 and Common Areas A thru E, EL CONQUISTADOR RESORT PATIO HOMES, per map recorded in Book .;+, Page 2. in the office of the Pima County Recorder, Pima County, Arizona. EXCEPT those portions, if any, heretofore conveyed by Trustee. That it holds title to said property under the terms of a Trust Agreement dated May 24, 1993 , being Trust No. T-1248 in the records of said Trustee. That the names and addresses of the Beneficiaries of said Trust as shown by the records of the Trustee as of this date are as follows: JOHN C. FAZIO & DONNA J. FAZIO JACK BRAINARD & DRUE A. BURELSON 1270 E. El Conquistador Way 1280 E. El Conquistador Way Tucson, AZ 85737 Tucson, AZ 85737 Dated this 21st day of JULY , 19 93 . TITLE GUARANTY AGENCY OF ARIZONA, INC. an A izona corporat •o BY: AS: Assistant Vice Presid t STATE OF ARIZONA COUNTY OF PIMA )ss. This instrument was subscribed, sworn to and acknowledged before me, the undersigned Notary Public, this 21st day of JULY , 19 93 , by DEBRA T. DYER as ASSISTANT VICE PRESIDENT of Title Guaranty Agency of Aizona, Inc. , an Arizona corporation MY COMMISSION EXPIRES: Sr 41e, CAROL A. C:e6TWY IPUBLIC Li 1 Notary Public-Arizona � -•�.. � PIMA COUN1Y Commission Fxp{r©s ;ti February 14. 1996• 1Y), :�� . 96k 14 4 6 111/ EXHIBIT "C" Subdivision Name : EL CONQUISTADOR RESORT PATIO HOMES OV Case No. 12-93-7 Trust No. : TITLE GUARANTY AGENCY OF ARIZONA, INC. , T-1248 The following improvements and conditions are made a part of the attached Assurance Agreement: 1. Paving of the streets included in EL CONQUISTADOR RESORT PATIO HOMES. 2. A public water system satisfactory to the Canada Hi 11 sWater Company. 3. A sanitary sewer system satisfactory to Pima County Wastewater Management. 4. A telephone distribution system satisfactory to US West Communications. 5. An electric distribution system satisfactory to Tucson Electric Power Company. 6. Fire Hydrants and other fire appurtenances satisfactory to the Rural Metro Fire Department 7. A natural gas distribution system satisfactory to Southwest Gas Corporation (if gas is being utilized in the subdivision) . 8. Utility trenches and civil appurtenances satisfactory to the using utilities. 9. Perimeter landscaping in accordance with the approved landscaping plans. 10. Installation of all street signs and street striping. 11. The Professional Engineer of Record shall certify, in writing, that all improvements, whether private or public, have been constructed, placed, installed, etc. in substantial conformance with the approved plans for this development. Said Engineer will further certify, in writing, that all materials utilized on this development are in conformance with the approved 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 final inspection and the release of assurances. 5 961Li I1447 110 L2. The Soils Engineer of Rci d or other . Reg hb red Professional Engineerwith expe�tise in the area of Soils shall cez�t 11�r, ui writing,�g that allarea of Engineering soils operations for this developerimt were perform in accordance with the r ' tion..., as `.mot forth in the Soil Engineering Report and any amendments rents by David Nie.se , Job No. , dat .ail 19 t( 9.3 --- 1�----�. Certification, in writing, is to be receivod by thy. '.Itwn of the Town of oro Va11�yprior to theEngineer z� rEquc�G for any building permits and/or final inspection and the release of ass 6 9 � 11L L4 L 8 Arizona: BONDSi 2201 East Camelback Road Suite 505B Phoenix,AZ 85016 (602)956-6000 (800)866-CBIC National INSURANCE (602)956-6700 FAX (800)284-2770 FAX Toll Free e t piirt August s t 2 9 19 9 6 09301996g ......, Town of Oro Valley 11000 N. La Canada Drive Oro Valley AZ 85737 Re : Fazio By Design Bond #AA2192 and A A219 6 Dear Mr. Chatfield: Please be advised that CBIC will not be renewing the above captioned bonds for Mr. John Fazio. The bonds will remain in cancellation status unless payment is received. Olerely, LN - resa Smith Underwriter CC: Vanderkolk Ins . Lynell 1443 W. Prince Rd Suite A Tucson AZ 85705 vvi•;- - 9 - 7 BONDS Arizona 2201 E.Camelback Rd. Suite 505-B INSURANCE Phoenix,AZ 85016 (602)956-6000 CANCELLATION NOTICE (800)866-CBIC (602)956-6700 FAX ,`4 TO : TOWN OF ORO VALLEY,ARIZONA S ` . 11000 N.LA CANADA ORO VALLEY,AZ 85737 , /99? f Or OBLIGEE CERTIFIED PRINCIPAL CERTIFIED MAIL NO: MAIL NO: OBLIGEE : LICENSEE/PRINCIPAL TOWN OF ORO VALLEY,ARIZONA JOHN FAZIO dba:FAZIO BY DESIGN L.L.C. 11000 N.LA CANADA 1270 E EL CONQUISTADOR WY ORO VALLEY,AZ 85737 TUCSON,AZ 85737 AGENT : OWNERS/PARTNERS/OFFICERS : VANDERKOLK INSURANCE AGENCY INC. JOHN FAZIO 1443 W PRINCE RD SUITE A TUCSON,AZ 85705 BOND NUMBER: AA2196 OBLIGEE REFERENCE NO.: DATE OF BOND: 23-AUG-93 DESCRIPTION: MISCELLANEOUS INDEMNITY BONDS NOT OTHERWISE RATED PENAL SUM: $7,000.00 Contractors Bonding and Insurance Company hereby cancels the above referenced bond, cancellation to be effective 06-OCT-97 or if such effective date does not provide for a sufficient number of days notice, as required, then upon the earliest date permitted. The issuance of this Cancellation Notice shall not, however, extend the effective date of cancellation if such bond has been cancelled upon an earlier date under the provisions of governing law or of said bond. The reason(s)for the cancellation is/are : Request of Agent Dated :05-SEP-97 FOR OBLIGEE USE ONLY Contractors Bondingand Insurance Company---' oNolr,G CANCELLATION ACKNOWLEDGMENTe % Please sign duplicate of this Notice and return to °:��APOR,;.;•. Surety) ;� �- . SEAL. ; ; By: Date: By : /s/ 1979.-4 IN = LAURA OLIVA NotLMCN.02-ZB042591 o:\mis\create\BF000061 05.02.95 r / _ _ ''/ C ; IC Arizon : 4001 North Third St.,Suite 480 CON��'RACTORS BONDING Po. Qox 16s97 Phoenix,AZ 85011-6597 AND INSURANCE COMPANY (602)279-9900, (800)832-2277 (602)277-0005 FAX LICENSE OR PERMIT BOND MISCELLEANOUS INDEMNITY Bond Number AA2192 Premium $7 50.00 3 years KNOW ALL MEN BY THESE PRESENTS,That we FAZIO BY DESIGN of 1270 E. El Conquistador Way, Tucson, Arizona , hereinafter referred to as the Principal, and Contractors Bonding and insurance Company, a corporation organized under the laws of the Sta te of \'ashington and authorized to do business in the State of Arizona , as Surety, are held and firmlybound TUWN OF ORO VALLEY, ARIZONA unto , hereinafter referred to as Obligee, in the sum of Five Thousand and no/100 5,000.00 ($ _ ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas, the Principal has made application for a license or Obligee for permit to the the purpose of restoring land to its natural state in Shadows of the Ridge at El Conquistador AKA El Conquistador Resort Patio Homes if revegi tati ng with Hydro-Seeding of the graded areas is NOW,THEREFOrigtif the Fir nctpaTshall faithfullyall comply P Y with ordinances,rules and regulations which have been or may here- after be in force concerning said License or Permit,and shall save and keep harmless the Obligee from all loss or damag e which it may sustain or for which it may become liable on account of the issuance of said License or Permit to the Principal,then this obligation shall be void, otherwise, to remain in full force and effect. THIS BOND IS OF INDEFINITE TERM — EFFECTIVE X THIS BOND IS OF DEFINITE TERM — BEGINNING August ust 23, 1993 AND ENDING August 23, 1996 but may be continued by continuation certificate signed by the Surety.The Surety may at any time terminate its liabilitybygivingthirty (30) days written notice to the Obligee, and the Surety shall not be liable for any default after such thirty(30)days notice period,Y pe od, except for defaults occurring prior thereto. SIGNED, SEALED AND DATED this 20th day of August 93 19 FAZIO BY DESI CONTR ORS, ONDINC, AND I SURANCE COMPANY (PRIN BY: BY: on a wner rty Johnson,) Attorney-in-Fact Home Office: • cBic Limited 1213 Valley Street CONTRACTORS BONDING Power of AttorneyP.O. Box 9271 INSURANCE Seattle,WA 98109-0271 AN D COMPANY (206)622-7053 • KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY,a corporation duty organized and existing under the laws of the State of Washington and having its principal office in Seattle,King County,Washington,does by these presents make,constitute and appoint ARTYCE JOHNSON,of Phoenix,Anzona its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver(1)SBA guaranteed performance and payment bonds not exceeding the penal sum of$75,000;(2)bid bonds for jobs where, d the contract is awarded,the SBA guaranteed performance and/or payment bond(s)will not exceed$75,000;(3)all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity,Forgery and Surety Bonds(including future amendments thereto)as Judicial,Contract(excluding bid bonds),Miscellaneous,License and Permit,and Federal not exceeding the penal sum of$75,000; (4)bid bonds for jobs wntten pursuant to the authority in clause(3)above where,if the contract is awarded,the performance and/or payment bond(s)will not exceed$75,000;and(5)all other bonds not exceeding the penal sum of$75,000.Provided,however,that ARTYCE JOHNSON is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any letter of credit,or similar security,received as collateral security by the Company as an inducement to issue the bond;and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duty attested by its Secretary;hereby ratifying and confirming all that the said attorney-in-fact may do in the premises.Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CONTRACTORS BONDING AND INSURANCE COMPANY on January 1,1993: RESOLVED that the President is authorized to appoint as attorney-in-fact of the Company ARTYCE JOHNSON with power and authority to sign on behalf of the Com-pany:(1)SBAguaranteed performance and payment bonds not exceeding the penal sum of$75,000;(2)bid bonds for jobs where,if the contract is awarded,the SBA guaranteed performance and/or payment bond(s) will not exceed$75,000;(3)all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity,Forgery and Surety Bonds(including future amendments thereto)as Judicial,Contract(excluding bid bonds),Miscellaneous,License and Permit,and Federal not exceeding the penal sum of$75,000;(4)bid bonds for jobs written pursuant to the authority in clause(3)above where,if the contract is awarded,the performance and/or payment bond(s)will not exceed$75,000;and(5)all other bonds not exceeding the penal sum of $75,000. RESOLVED FURTHER that ARTYCE JOHNSON is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit,or similar security,received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attorney is hereby delegated to the following persons,the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company:Charles J.Falskow,J.D.Minto.Charlotte A.Garrow,Theresa Smith,Janet K.Lorraine,Donald Sirfun and Steven A.Gaines. RESOLVED FURTHER that the signatures(including certification that the Power of Attorney is still in force and effect)of the President,Notary Public and person certifying authenticity and effectiveness,and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions as well as the Limited Power of Attorney itself and its transmission,may be by facsimile;and such Limited Power of Attorney shall be deemed an original in all aspects. RESOLVED FURTHER that all resolutions adopted pnor to today appointing the above named as attorney-in-fact for CONTRACTORS BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF,CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 1st day of January, 1993. CONTRACTORS BONDING AND INSURANCE Ci• Y .,,,Np1 M.\\�� = 5 ys __ SEAL _ I, y:- Steven A.Gaines,President 'i,� . S OF WASHINGTON—COUNTY OF KING ,��hr,+ly,�•'19�9''•O� ..-- STATE On this 1st day of January,1993,personally appeared STEVEN A.GAINES,to me known to be the Presiaata11)a corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said Limited Power of Attorney. . ........K'ry�''• IN WITNESS W E , have hereunto set my hand and aft ed my official seal the day and year first above written. .•'�.�� • ;�,�% 1. •a • ' •c / _ � • Ii" kelt 41... i/ s 1? ...4, ' Nota blic in and f - . Washi •on,residingat Se. " ' •' . N • s - q,,��GTON���. The undersigned,acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE COMPANY,hereby certifies.as or in lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY,that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company,and does hereby further certify that the said Power of Attorney is still in force and eff t. GIVE der my hand a"--)h 2- ,this Z day of At..5 CS ,19 9-.. PoaAJ01.12-US010193 • BONDS Claims Department ?fiL C 1213 Valley Street P.O. Box 9271 Seattle,WA 98109-0271 (206)628-7200 -2242 INSURANCE June 1, 1998 (425)�62-5607 FAX Tobin Sidles Town Attorney Town Of Oro Valley --- 11000 N. La Canada Drive Oro Valley, Arizona 85737 Shirley Gay Assurance Clerk Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Re: Company: CBIC Bond No.: AA2196 Principal: Fazio by Design L.L.C. Claimant: Town of Oro Valley Dear Mr. Sidles and Ms. Gay: I am in receipt of additional documentation provided by Mr. Sidles on May 8, 1998 pertaining to the claim filed against the above-referenced bond. I have reviewed both your claim and the defenses to your claim supplied to us by our principal. In order that your records are complete, I am enclosing a copy of the legal description of the roadway in question, as supplied to us by our principal. It is CBIC's understanding that the area in question is along the west side of the access road that serves the subdivision and is not a part of the platted property. It is CBIC's understanding that a good faith dispute exists. The resolution of said dispute appears to turn on questions of fact. Please be advised that the surety is not in a position to sit as a trier of fact. At this juncture, CBIC has no choice but to deny the claim. If you have any questions regarding our denial or our position with regard to this matter, please contact me. The surety is always willing to review claims in light of new information. Please understand that in undertaking a review of your claim, the surety does so under a complete reservation of all rights and defenses available to it, all of which continue to be expressly reserved. Yours very truly, Patty St. Geo e Claims Repr entative Enclosures cc: John Fazio miContractors Bonding and Insurance Companym • MEMO May 15, 1998 TO: --Patty St. George CBC A FR: John Fazio MAY 2 C 1998 RE: Oro Valley claim against bond CLAiMS DEPT. Dear Patty, This is the legal description of the roadway. As you can see it is sole and separate from the legal description that CBIC bonded ( i .e. Shadows of the Ridge, lots 232-245) . Additionally, it may be of some importance to you to know that Title Guaranty Trust T-1248 did not even become owner of the roadway until May of 1995. It was at that time that the title insurance company purchased the roadway from the entities that were trying to extort money from the insurance carrier. Upon the title to the roadway being given to us, we immediately granted an easement over the roadway to all the landowners in Phase I of the Shadows of the Ridge subdivision as well as Phase II . Since the bond in question for Phase I was initiated in 1994, I 'm certain that you can see that a bond could not possibly exist for property that was not even owned by those bonded until mid 1995 . Oro Valley' s claim is invalid and therefor we ask that you deny the claim. Sincerely, , -r John Fazio Fazio By Design LLC Spokesperson Trust T-1248 Developer, Shadows of the Ridge, lots 232-245 I 1 . F. ANN RODR I\• ,_..= , RECORDER ,``f DOC�:ET: 10057 -' 44) RECORDED BY: CML • PAGE: 952 DEPUTY RECORDER `:R. '.'j NO. OF PAGES: 6 .L 19.E 1 RD34 _�.,���i SEQUENCE: 95080406 TT I GA .�� p 0 /05/95 kJ TITLE GUARANTY 4tI '°�, EASMNT 14: 3C): 00 101 N W I L.MOT ��� PICKUP TUCSON • AZ 85711 AMOUNT PAID $ 10. 00 - - -1 -41 Trust No. T-12 GRANT OF EASEMENT . . TITLE GUARANTY AGENCY OF ARIZONA, INC. , an Arizona corporation, as Trustee under Trust No. T-1248, (hereinafter referred to as "Grantor") hereby grants to • ;ice' � u 7-1- .o i OWNERS •OF. RECORD (hereinafter, referred to. as.!.'Gracitee") • . . • 'I 2 Et c N C�i an easement for ingress , egress and utilities over the property described as follows: Zt: SEE ATTACHED EXHIBIT "A" - ''^ `° o Q U 8 Said easement shall be appurtenant to and for the benefit of the following described r property: F- SEE ATTACHED EXHIBIT "B" '�. "=' 1: n``") P'-i'J� 'a Lo-J t Said easement shall be binding upon and inure to the benefit of any heirs, executors , administrators, permitees, licensees, agents or assigns of Grantee and the successors and assigns of the Grantee. IN WITNESS WHEREOF, the Grantor has executed these presents this 22nd day of MAY , 1995. TITLE G ARAN A NCY OF ARIZONA, INC. , an Arizona cor orat'onv us e STATE OF ARIZONA ) By: E;. • ) ss. COUNTY OF PIMA ) It ' s: PRESIDENT The foregoing instrument was acknowledged before me this 22nd day of MAY , 1995, by REX CALDWELL as PRESIDENT of TITLE GUARANTY AGENCY OF ARIZONA, INC. , an Arizona corporation, as Trustee under Trust No. T-1248. -- • • A ` �,,";'• 04ANE la. D ii-zueL 44 -d_ '.- 1+ Notary Public-Arizc. Notary Public .. MIA GouNiv ICI mIu,4on mbar 15.E1�xpfr97c COURTESY RECORDING - ... _ - _ - . - - • • _ • • . . _ _ NO TITLE LIABILITY (D 10057 9 5 2 • • EXHIBIT "A" A parcel of land being a portion of Government Lots 2 and 3 of Section 18, Township 12 South, Range 14 East, Gila and Salt River Base and Meridian, Pima County, Arizona, being more particularly described as follows, to-wit: A parcel of land being 20 feet on each side of the following described centerline: BEGINNING at the West Quarter corner of said Section 18; THENCE North 00°06'03" East, a distance of 106.44 feet along the West line of said Section 18, to a point; THENCE continuing along the West line of said Section 18, North 00°06'03" East, a distance of 65.00 feet to a point; THENCE North 89°54 '36" East, a distance of 249.88 feet to a point of curvature; THENCE Northeasterly along the arc of a circular curve concave to the Northwest having a radius of 467.50 feet and an interior angle of 34°49'35" , a distance of 284. 16 feet to a point THENCE South 34°55'05" East, a distance of 2.50 feet to a point; THENCE North 55°05'00" East, a distance of 215.66 feet to a point of curvature; THENCE Northeasterly along the arc.of circular curve concave to the Southeast having a radius of 430.00 feet and an interior angle of 40°30'00" , a distance of 303.95 feet to a point; THENCE South 84°25'00" East, a distance of 538.97 feet to a point of curvature; THENCE Southeasterly along the arc of a circular curve concave to the Southwest having a radius of 574.73 feet and an interior angle of 20°48'17", a distance of 208.69 feet to 'a point; THENCE South 63°36'43" East, a distance of 393.28 feet to a point, THENCE South 26°23'17" West, a distance of 60.00 feet to a point; THENCE North 63°36'43" West, a distance of 45.00 feet to the TRUE POINT OF BEGINNING; THENCE South 26°23'24" West, a distance of 145.00 feet to a point; THENCE Southerly along the arc of a circular curve concave to the East having a radius of 140.00 feet and interior angle of 49°46'24" , a distance of 121.62 feet to a point; THENCE South 23°23 '07" East, a distance of 171.00 feet to a point; - CONTINUED - 1n057 953 • • - .- PAGE 2 . THENCE Southerly along the arc of a circular curve concave to the West having a radius of 600.00 feet and interior angle of 45°53'42" . a distance of 480.61 feet to a point; • THENCE South 22°30'35" West, a distance of 238.71 feet to a point of curvature; THENCE Southerly along the arc of said circular curve to the East having a radius of 170.00 feet, a central angle of 37°25'14" , and arc length of. 111.03 feet; THENCE South 14°54'39" East, a distance of 40.00 feet to a point of curvature; THENCE Southeasterly along the arc of said circular curve concave to the Northeast having a radius of 100.00 feet, a central angle of 56°55' 19" , an arc length of 99.35 feet to a point, said point being the POINT OF TERMINUS. • EXHIBIT "B" PARCEL 1 : • Lots 232 through5 24 and Common Areas A through E, of EL CONQUISTADOR RESORT PATIO HOMES , per map recorded in Book 45, Page 24 of Maps and Plats , in the office of the Pima County Recorder, Pima County, Arizona. Parcel 2: That portion of the Northeast Quarter of the southwest Quarter of section 18, Township 12 South, Range 14 East, Gila and salt River Base and Meridian, Pima County, Arizona, described as follows: From the southeast corner of said Northeast Quarter of the Southwest Quarter; Thence North 89 degrees 51'14" West, along the South line of the Northeast Quarter of the Southwest Quarter, 75.00 feet to the POINT OF BEGINNING; Thence continue North 89 degrees 51'14" West, along said south line, 565.34 feet; Thence North 00 degrees 00'00" East, 118.58 feet; Thence North 18 degrees 10'02" East, 40.00 feet; Thence South 71 degrees 49'58" East, 50.00 feet to a point of curvature; Thence Easterly along the arc of a curve concave to the North having a radius of 130.00 feet, a central angle of 39 degrees 58'59", a distance of 90.72 feet to a non-tangent line; Thence North 33 degrees 51'09" East, 359.56 feet to a point of curvature; Thence Northeasterly along the arc of a curve concave to the Northwest having a radius of 113.42 feet, a central angle of 29 degrees 3.7'57", a distance of 58.66 feet to a non-tangent line; Thence North 88 degrees 14'33" East, 276.16 feet to a point on the East line of the Northeast Quarter of the Southwest Quarter; Thence South 00 degrees 25'17" West, along said East line, 392.38 feet; Thence North 89 degrees 51'14" West, 75.00 feet; Thence South 00 degrees 25'17" West, 115.00 feet to the POINT OF BEGINNING. Continued. . . • tü057 955 EXCEPT that portion described as follows: • commencing at the southeast corner . of said Northeast Quarter of the Southwest Quarter; Thence along the East line of said Northeast Quarter of the Southwest Quarter, North 00 degrees 25'17" East, 507.38 feet; Thence south 88 degrees 14'33" West, 72.40 feet to the TRUE POINT OF BEGINNING; Thence South 33 degrees 43'46" East, 7.26 feet; Thence south 04 degrees 20'41" West, 10.09 feet; Thence south 10 degrees 48'13" West, 10.22 feet; Thence south 42 degrees 14'43" West, 9 .95 feet; Thence south 42 degrees 00'43" West, 30.72 feet; Thence South 77 degrees 40'26" West, 10.07 feet; Thence South 81 degrees 42'40" West, 10. 02 feet; Thence South 84 degrees 40'24" West, 10.19 feet; Thence North 85 degrees 44'02" West, 20.26 feet; Thence North 85 degrees 59'10" West, 40.31 feet; Thence North 23 degrees 05'10" West, 20.47 feet; Thence North 22 degrees 20'02" West, 10.03 feet; Thence North 24 degrees 53'39" west, 10.20 feet; Thence North 20 degrees 32'20" West, 9.79 feet; Continued. . . ` 00 5 ? 9 5 6 Thence North 40 degrees 09 '57" West, 7.47 feet; Thence North 88 degrees 14'33" East, 140.6T feet to the TRUE POINT OF BEGINNING. • ► n n 95 7 JP�LEY ,q� •i/ "'`'" �►o-,e 'Sy TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ORO VALLEY,ARIZONA 85737 A �1 41 A Administrative Offices(520)297-2591 Fax(520)297-0428 www.ci.oro-valley.az.us POVN D EO — August 5, 1999 Fazio by Design 1270 E El Conquistador Way Oro Valley, AZ 85737 RE: El Conquistador Resort Patio Homes Landscape Bond Bond#AA2196 in the amount of$7,000.00 Dear Mr. Fazio: Please be advised that the Town of Oro Valley requests the extension of the above referenced performance bond. Sincerely, Shirley Gay Assurance Clerk V DO FAZIO BY DESIGN LLC 7348 N CAMINO SIN VACAS TUCSON, ARIZONA 85718 (520) 575-8466 520 575-8493 FAX August 20, 1999 Shirley Gay Town of Oro Valley 11000 N La Canada Oro Valley, Arizona 85737 RE: El Conquistador Landscape Bond Bond#AA2196 in the amount of$7,000 Dear Shirley, I am in receipt of the Towns letter requesting that I renew the above referenced bond. The landscape that this bond covered was complete several years ago. On March 13, 1998, Tobin Sidles had you attempt to collect on this bond based on the landscape along the western side of the roadway not being"complete". The bonding company(CBIC)investigated the Towns request and on June 1, 1998 denied the claim. The basis for the denial was that the area the Town is purporting is incomplete is outside of the platted subdivision for which the bond was issued. Their ruling was factually and legally correct. Furthermore, I provided documentation to the Town that the landscape and wall design was under the direction of the HOA for Shadows of the Ridge and thus compliance with the Towns direction to landscape the wall was complete. In as much as this is a continuation of a previously discussed and concluded issue,the bond will not be renewed. If you or anyone at the Town would like to contact me or look again at my files on this issue, please do not hesitate to contact me. Sincerely, 3o ro 4 PA-LEY6 q�� QO O y TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ORO VALLEY,ARIZONA 85737 * A Administrative Offices(520)297-2591 Fax(520)297-0428 A www.ci.oro-valley.az.us UN DED 1 August 5, 1999 Fazio by Design 1270 E El Conquistador Way Oro Valley, AZ 85737 RE: El Conquistador Resort Patio Homes Landscape Bond Bond#AA2196 in the amount of$7,000.00 Dear Mr. Fazio: Please be advised that the Town of Oro Valley requests the extension of the above referenced performance bond. Sincerely, `• Shirley Gay Assurance Clerk ... 7 ,r ,- ocbr.. aotCs II VV `` w Arizona c lc 2201 E.Camelback Rd. Suite 505-B INSURANCE Phoenix,AZ 85016 (602)956-6000 (800)866-CBIC CONTINUATION CERTIFICATE (602)956-6700 FAX TO : TOWN OF ORO VALLEY,ARIZONA 11000 N.LA CANADA ORO VALLEY,AZ 85737 FAZIO BY DESIGN L.L.C. as Principal, and Contractors Bonding and Insurance Company, a Washington corporation, as Surety,hereby notify: TOWN OF ORO VALLEY, ARIZONA as Obligee, that the above named Principal's bond number AA2196 in the amount of $7,000 shall be continued in force effective 23-AUG-98 and shall remain in full force and effect until the soonest of (1) 23-AUG-99 , (2) it is cancelled by the surety, or(3) it is otherwise terminated. The aggregate liability of the surety shall not exceed the amount of this certificate. The liability of the surety shall not cumulate by reason of this certificate, any future continuation certificate, any change rider, endorsement, modification,new bond, reinstatement, reissue, renewal, replacement, substitution or any other extension of suretyship. IF THIS BOND IS REQUIRED TO BE FILED WITH ANY AGENCY, THIS CERTIFICATE SHALL BE VOID IF THE PRINCIPAL DOES NOT FILE THIS CERTIFICATE WITH THE REQUIRED AGENCY WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THIS CERTIFICATE --- IN WITNESS OF THIS CONTRACT, the Principal and the Surety have affixed their hands and seals this 31ST day of JULY 1998 Principal: FAZIO BY DESIGN L.L.C. By: 1---{* _-0pN0ING s/4, 1. ;4%'''ili'.6.4.-;*•44's Surety: Contractors Bonding and Insurance Company 14.10° l :9�/;Ri,•SEAL Cit1n• / • i i -..4**********i By: ',,,, ..._-- �stoN�� BndLICC.04-WA082493 o:\mis\create\bf000062 05.02.95 l3GNDS I ; • Arizo ni " A' 2201 E.Camelback Rd. Suite 505-B C I C INSURANCE Phoenix.AZ 85016 (602)956-6000 CANCELLATION NOTICE (800)866-CBIC (602)956-6700 FAX '14k 41 TO : TOWN OF ORO VALLEY,ARIZONA Se t� 11000 N.LA CANADA p , ORO VALLEY,AZ 85737 J'n,,, 1997 f Oro II.,,/ OBLIGEE CERTIFIED PRINCIPAL CERTIFIED MAIL NO: MAIL NO: OBLIGEE : LICENSEE/PRINCIPAL : TOWN OF ORO VALLEY,ARIZONA JOHN FAZIO dba:FAZIO BY DESIGN L.L.C. 11000 N.LA CANADA 1270 E EL CONQUISTADOR WY ORO VALLEY,AZ 85737 TUCSON,AZ 85737 AGENT : OWNERS/PARTNERS/OFFICERS : VANDERKOLK INSURANCE AGENCY INC. JOHN FAZIO 1443 W PRINCE RD SUITE A TUCSON,AZ 85705 BOND NUMBER: AA2196 OBLIGEE REFERENCE NO.: DATE OF BOND: 23-AUG-93 DESCRIPTION: MISCELLANEOUS INDEMNITY BONDS NOT OTHERWISE RATED PENAL SUM: $7,000.00 , Contractors Bonding and Insurance Company hereby cancels the above referenced bond, cancellation to be effective 06-OCT-97 or if such effective date does not provide for a sufficient number of days notice, as required, then upon the earliest date permitted. The issuance of this Cancellation Notice shall not, however, extend the effective date of cancellation if such bond has been cancelled upon an earlier date under the provisions of governing law or of said bond. The reason(s) for the cancellation is/are : Request of Agent Dated :05-SEP-97 FOR OBLIGEE USE ONLY CANCELLATION ACKNOWLEDGMENT Contractors Bonding and Insurance Company SINADING�4;yi,,� sign duplicate of this Notice and return toSurety)(Please ii SEAL :, By: i 197•� • r Date: By : /s/ Ay... ••� O R LAURA OLIVA NotLMCN.02-ZB042591 - o:\mis\create\BF000061 05.02.95 .�� i•1 iL'J: IVUt 111 .1+171I :,111If" 112. C• l 'I tIACTOEIS QONOI'NG t Phoenix.AZ 55011-6597 AND INSURANCE COMPANY (602)2799 0. (P 0)8�2.2277 (GO2)277-(XX):O sio: MISCELLEANOUS INDEMNITY Bond Number AA2196 Premium S 1 ,050. 3 years KNOW ALL MEN BY THESE PRESENTS, That vie FAZ I O BY DESIGN of 1270 E. El Conquistador Way, Tucson , Arizona , hereinafter referred to as the Principal, and Contractors Bonding and Insurance Company, a corporation organized under the laws of the State of Vashington and authorized to do business in the State of Arizona , as Surety, are held and firmly bound unto TOWN OR ORO VALLEY, ARIZONA , hereinafter referred to as Obligee, in the sum of Seven Thousand and no/100 , ($ 7 ,000.00 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas, the Obligee is requesting that the contractor provide a bond to guarantee that a landscape package will be provided to each purchaser of a patio home (14 total ) in Shadows of the Ridge at El Conquistador AKA El Conquistador Resort Patio Homes NOW,THEREFORE, if the principal shall provide the landscape package for each purchaser of the 14 patio homes located at Shadows of the Ridge at El Conquistador AKA El Conquistador Resort Patio Homes (total for the 14 homes $7 ,000. ) ,then this obligation shall be void, otherwise, to remain in full force and effect. THIS BOND IS OF INDEFINITE TERM — EFFECTIVE X THIS BOND IS OF DEFINITE-TER =-BE.GINNING August 23, 1993 AND ENDING August 23, 1996\ but may b-e continued by continuation certificate signed by the Surety.The Surety may at any time terminate its liability by giving thirty (30) days written notice to the Obligee, and the Surety shall not be liable for any default after such thirty (30) days notice period, except for defaults occurring prior thereto. SIGNED, SEALED AND DATED this 23rd day of August 19 93 /T) FAZ I O BY DESIGN CONTR CTQRS ONDI G ND INSURANC E COMPANY PRINCIPAL BY: John Fazio, OwnerArty(1e:it Joh on , A, orney in fact Attorney-In-Fact . cBic Arizona 2201 E.Camelback Rd. CONTRACTORS BONDING Suite 505-B AND INSURANCE COMPANY Phoenix,AZ 85016 (602)956-6000 (800)866-CBIC CONTINUATION CERTIFICATE (602)956-6700 FAX TO : TOWN OF ORO VALLEY,ARIZONA 11000 N.LA CANADA ORO VALLEY,AZ 85737 JOHN FAZIO dba: FAZIO BY DESIGN L.L.C. as Principal, and Contractors Bonding and Insurance Company, a Washington corporation, as Surety, hereby notify: TOWN OF ORO VALLEY,ARIZONA as Obligee,that the above named Principal's bond number AA2196 in the amount of $7,000 shall be continued in force effective 23-AUG-97 and shall remain in full force and effect until the soonest of (1) 23-AUG-98 , (2) it is cancelled by the surety, or (3) it is otherwise terminated. The aggregate liability of the surety shall not exceed the amount of this certificate. The liability of the surety shall not cumulate by reason of this certificate, any future continuation certificate, any change rider, endorsement, modification, new bond, reinstatement, reissue, renewal, replacement, substitution or any other extension of suretyship. IF THIS BOND IS REQUIRED TO BE FILED WITH ANY AGENCY, THIS CERTIFICATE SHALL BE VOID IF THE PRINCIPAL DOES NOT FILE THIS CERTIFICATE WITH THE REQUIRED AGENCY WITHIN THIRTY (30)DAYS OF THE EFFECTIVE DATE OF THIS CERTIFICATE - - - IN WITNESS OF THIS CONTRACT,the Principal and the Surety have affixed their hands and seals this 30TH day of MAY 1997 Principal: JOHN FAZIO dba: FAZIO BY DESIGN L.L.C. Surety: Con s Bo di g . 1 d In 1. s c- ompany 1;"--;:*c° e:,t_ Ci SEAL ,% J • By: ���►,;�s h►W BndLICC.04-WA082493 o:\mis\create\bf000062 05.02.95 CBIC Arizona 2201 E.Camelback Rd. CONTRACTORS BONDING Suite 505-B AND INSURANCE COMPANY Phoenix.AZ 85016 (602)956-6000 (800)866-CBIC CONTINUATION CERTIFICATE (602)956-6700 FAX TO : TOWN OF ORO VALLEY,ARIZONA 11000 N.LA CANADA ORO VALLEY,AZ 85737 FAZIO BY DESIGN L.L.C. as Principal, and Contractors Bonding and Insurance Company, a Washington corporation, as Surety, hereby notify: TOWN OF ORO VALLEY,ARIZONA as Obligee, that the above named Principal's bond number AA2196 in the amount of $7,000 shall be continued in force effective 23-AUG-96 and shall remain in full force and effect until the soonest of (1) 23-AUG-97 , (2) it is cancelled by the surety, or (3) it is otherwise terminated. The aggregate liability of the surety shall not exceed the amount of this certificate.-The liability of the surety shall not cumulate by reason of this certificate, any future continuation certificate, any change rider, endorsement, modification, new bond, reinstatement, reissue, renewal, replacement, substitution or any other extension of suretyship. IF THIS BOND IS REQUIRED TO BE FILED WITH ANY AGENCY, THIS CERTIFICATE SHALL BE VOID IF THE PRINCIPAL DOES NOT FILE THIS CERTIFICATE WITH THE REQUIRED AGENCY WITHIN THIRTY(30)DAYS OF THE EFFECTIVE DATE OF THIS CERTIFICATE - - - IN WITNESS OF THIS CONTRACT, the Principal and the Surety have affixed their hands and seals this 9TH day of SEPTEMBER 1996 Principal: FAZIO BY DESIGN L.L.C. By: . L2i _ ' pHD►NG � i h 111 Surety: Contractors Bonding and Insurance Company I 4 i 4 SEAL :n / O •p i By. " TN BndLICC.04-WA082493 o:\mis\create\bf000062 05.02.95 TOWN OF ORO VALLEY 22 COUNCIL COMMUNICATION MEETING DATE: 8/5/98 TO: HONORABLE MAYOR AND COUNCIL FROM: Tobin Sidles, Town Attorney SUBJECT: Request for authority to sue-landscaping Bond No. AA2196 SUMMARY: This is$7,000 bond from 1993.Certain landscaping has not been completed and the Town sought to forfeit the bond.The bonding company refused the claim due to property ownership questions.Town staff would like to have the authority to file a lawsuit to recover the bond and complete the work if it is found to be legally appropriate. ATTACHMENTS: CBIC denial letter FISCAL IMPACT: The bond is in an amount of$7000. RECOMMENDATIONS: N/A SUGGESTED MOTION: I move that we grant permission for a lawsuit to be filed on Bond number AA2196 should it be determined legally appropriate. or I move that we deny permission for filing a lawsuit on this matter at this time. • Sign re of Depa ent Head Town Manager s Review ... si..........r -- - IC PI; ..ar1213 Valley Street P.O. Box 9271 f Seattle, WA 98109-0271 (206)628-7200 INSURANCE (800)765-2242 National June 1, 1998 (425)462-5607 FAX Tobin Sidles Town Attorney Town Of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Shirley Gay Assurance Clerk Town of Oro Valley 11000 N. La Canada Drive Oro Valley, Arizona 85737 Re: Company: CBIC Bond No.: AA2196 Principal: Fazio by Design L.L.C. Claimant: Town of Oro Valley Dear Mr. Sidles and Ms. Gay: I am in receipt of additional documentation provided by Mr. Sidles on May 8, 1998 pertaining to the claim filed against the above-referenced bond. I have reviewed both your claim and the defenses to your claim supplied to us by our principal. In order that your records are complete, I am enclosing a copy of the legal description of the roadway in question, as supplied to us by our principal. It is CBIC's understanding that the area in question is along the west side of the access road that serves the subdivision and is not a part of the platted property. It is CBIC's understanding that a good faith dispute exists. The resolution of said dispute appears to turn on questions of fact. Please be advised that the surety is not in a position to sit as a trier of fact. At this juncture, CBIC has no choice but to deny the claim. If you have any questions regarding our denial or our position with regard to this matter,please contact me. The surety is always willing to review claims in light of new information. Please understand that in undertaking a review of your claim,the surety does so under a complete reservation of all rights and defenses available to it, all of which continue to be expressly reserved. ours very truly, ` AQt---\ --•L''''"r'-- Patty St. Geo e Claims Repr entative Enclosures cc: John Fazio . / Contractors Bonding and Insurance Company J/6' O kY � 2j . , w •s I:t - v}Z t + jj f +` •AVI .i, �• _ ' 1 " ' „100, 't, •'''''' • ''' ' * .4111k 1 1 'rir I.• i ! ' ti ' • . � �• + t ' - • Y „, k rS ♦. .,,,, i• ! 'a , ,, <. _ `. • l ti.w • 'i�'y• / t �V . .' , A• +. '-..14'1%.• A ' •..;....-•••"..........._ .1 .„ , . , ,'.‘.'''4,-. '.',,j.` ":'' ','• .at 4,,r,,:.., -1..-•': ';i ''s . -....1:11,'- ),;s •• . ,, yi,,,,s.„:%,,, ;`..". '4,-*-°-.. ,..,4'.,,:i .,' ,"i'' '.1. ) '- 44' *- -. - t••••_. 1.110°.1114111111k ,r• t S [ Af :., :,,L. - --, ,,l'•'1--.. --....t4.-4,,,„I, - ' ., -A,-- -,...-s ,..-.5 ', N.,-,,„..7-0.1.0 . i 1,,,..4.-‘,.r—,, ,,,i.-,.. 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W. 1.1t4,, It ,.• t �Iu ., ,,,i;AXIP...,,I,,,, iit, ,_ ,... , 4') . • ...AO ' Ill I .‘ 1 114 - yr �a . ! I �, a.. • dir - p,„„,... .„?...3 f #,.....,.----.) .., .:\s • . ,s• ;ctitt". . *' .;. 4... "... ' _ A •� r .'gyp` 0111..."' 1 161111111i �► �,..-� ..Z .74 kili,:.'��•�,, .w •r +'... ♦ Sri' gip, . �J� t f`.-.''ClIgt! i. -:". �y yq ' R John R. Clarke 1172 E.Camino Diestro-Oro Valley-AZ. -85737 J October 5th, 1997 Don Chatfield Planning Director Town of Oro Valley Oro Valley Town Hall fax: 742-1022 SUBJECT: FAZIO PROJECT Hi Don, Ina & I took a walk up behind the Sheraton Hotel this morning. I was somewhat suprised at what I saw. Looks like an awful lot of cutting, filling& deforestation going on. If your folks haven't checked up on what he's up to lately it might be a good idea to do so. He may be OK but as I say I was suprised at the magnitide of it. Regards John 4 ( \)\/ ,` ‘/ / Oft-} (/0.) / L-7 \ \3( / \)\--Ze9 s vv,\\ c.(`? \�r Voice(520)742-9940,FAX(520)575-0921 ,email:jclarke929(aaol.com a /.2 -- -- 7 BONDS Arizona: NI 2201 East Camelback Road Suite 505B Phoenix,AZ 85016 (602)956-6000 (800)866-CBIC National INSURANCE (602)956-6700 FAX (800)284-2770 FAX Toll Free iit 4 August s t 2 9, 19 9 6 � g 3Q /996 T 7Of0, Va/,4., Town of Oro Valley 11000 N. La Canada Drive Oro Valley AZ 85737 Re : Fazio By Design Bond #AA2192 and AA2196 Dear Mr. Chatfield: Please be advised that CBIC will not be renewing the above captioned bonds for Mr. John Fazio. The bonds will remain in cancellation status unless payment is received. 1 erely, resa Smith Underwriter CC: Vanderkolk Ins . L yne l l 1443 W. Prince Rd Suite A Tucson AZ 85705 . om 02 d' /7 TOWN OF ORO VALLEY ir. 11000 N. LA CANADA DRIVE ! ORO VALLEY, ARIZONA 85737 d4", Administrative Offices(520)297-2591 Fax(520)297-0428 A ' oUN D Eo�g August 19, 1996 Artyce Johnson Contractors Bonding & Insurance Co. 2201 E Camelback, Suite 505B Phoenix, AZ 85016 RE: Bond #AA2192 - $5,000 - Fazio By Design Bond #AA2196 - $7,000 - Fazio By Design Dear Ms. Johnson: Please be advised that the Town of Oro Valley requests the extension of the terms of the above referenced performance bonds. The projects have not been completed in accordance with the approved landscape plan. u cerely, rg °IPglipt,,,,.:. Don Chatfiel Planning Director Arizona: 4001 North Third St..Suite 480 P0. Box 16597 ON1RACTORS BONDING Phoenix,AZ 85011-6597 AND INSURANCE COMPANY (602)279-9900• (800)832-2277 (602)277-0005 FAX 9fl - c o o LICENSE OR PERMIT BOND MISCELLEANOUS INDEMNITY Bond Number AA2192 Premium $7 50.00 3 years KNOW ALL MEN BY THESE PRESENTS,That we FAZIO BY DESIGN of 1270 E. El Conquistador Way, Tucson, Arizona , hereinafter referred to as the Principal, and Contractors Bonding and insurance Company, a corporation organized under the laws of the State of ashington and authorized to do business in the State of Arizona , as Surety, are held and firmly bound unto TOWN OF ORO VALLEY, ARIZONA , hereinafter referred to as Obligee, in the sum of Five Thousand and no/l00 5,000.00 ($ ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas,the Principal has made application for a license or permit to the Obligee for • the purpose of restoring land to its natural state in Shadows of the Ridge at El Conquistador AKA El Conquistador Resort Patio Homes if revegi tati ng with Hydro-Seeding of the graded areas is NOW,THEREFORgif Pell1Prnecf0 shall faithfully comply with all ordinances,rules and regulations which have been or may here- after be in force concerning said License or Permit,and shall save and keep harmless the Obligee from all loss or damage which it may sustain or for which it may become liable on account of the issuance of said License or Permit to the Principal,then this obligation shall be void, otherwise, to remain in full force and effect. THIS BOND IS OF INDEFINITE TERM — EFFECTIVE X THIS BOND IS OF DEFINITE TERM — BEGINNING August 23, 1993 AND ENDING August 23, 1996 )ut may be continued by continuation certificate signed by the Surety.The Surety may at any time terminate its liability by giving thirty 30) days written notice to the Obligee,and the Surety shall not be liable for any default after such thirty(30)days notice period, except for defaults occurring prior thereto. >IGNED, SEALED AND DATED this 20th day of August , 1993 FAZIO BY DESI CONTR S ONDI? _ t_ND I $URANCE COMPANY fL ' tY: BY: Jon Fa , Uwner rty Johns07 Attorney-in-Fact / • (u:11.11(L) Arizona: 4001 North Third St Suite <F P.O. Box 16597 CatigRACTORS BONDING Phoenix,AZ 85011-65.7 A-ND INSURANCE COMPANY (602)279-9900, (800)832-2277 (602)277-0005 FAX MISCELLEANOUS INDEMNITY Bond Number AA2196 Premium S 1 ,050. 3 years KNOW ALL MEN BY THESE PRESENTS,That we FAZ I O BY DESIGN of 1270 E. El Conquistador Way, Tucson, Arizona hereinafter referred to as the Principal,and Contractors Bonding and Insurance Company, a corporation organized under the laws of the State of ishington and authorized to do business in the State of Arizona , as Surety, are held and firmly bound unto TOWN OR ORO VALLEY, ARIZONA , hereinafter referred to as Obligee, in the sum of Seven Thousand and no/100 ($ 7 ,000.00 awful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our .xecutors, administrators, successors and assigns, firmly by these presents. l"HE CONDITION OF THIS OBLIGATION IS SUCH,that whereas, the Obligee is requesting that the contractor provide a bond to guarantee that 3 landscape package will be provided to each purchaser of a patio home (14 total ) in Shadows of the Ridge at El Conquistador AKA El Conquistador esort Patio Homes 4OW,THEREFORE, if the principal shall provide the landscape package for each )urchaser of the 14 patio homes located at Shadows of the Ridge at El Conquistador OKA El Conquistador Resort Patio Homes (total for the 14 homes $7 ,000. ) ,then this obligation ;hall be void, otherwise, to remain in full force and effect. THIS BOND IS OF INDEFINITE TERM — EFFECTIVE X THIS BOND IS OF DEFINITE TERM — BEGINNING August 23, 1993 AND ENDING August 23, 1996 ,ut may be continued by continuation certificate signed by the Surety.The Surety may at any time terminate its liability by giving thirty 30)days written notice to the Obligee,and the Surety shall not be liable for any default after such thirty(30)days notice period, xcept for defaults occurring prior thereto. IGNED, SEALED AND DATED this 23rd day of August 19 93 FAZ I 0 BY DESIGN CONTR CT9kS ONDI G ND INSURANCE COMPANY CI A BY: Jo Fazio, Owe Artyc Jo on, orney in fact Attorney-in-Fact Q,0 P 0 �z TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE • ORO VALLEY, ARIZONA 85737 Administrative Offices(520)297-2591 Fax(520)297-0428 ..aawmna oed A-`1 °UNDED (Le°k L,\I January 29, 19980/6\1' ct°' t� John Fazio Fazio by Design u 1('; 1270 East El Conquistador Way Oro Valley Arizona, 85737 RE: EL CONQUISTADOR RESORT PATIO HOMES LANDSCAPE BOND The Town addressed a letter to you, dated February 20, 1997 on the issue of non-compliance with the Town Council approved landscape plan for the El Conquistador Resort Patio Homes. The letter provided you with a date of March 7, 1997 to bring this violation into compliance or the Town would claim bond number AA2196 in the amount of$7,000.00. After receiving the letter dated February 20,1997, you questioned the road easement ownership and the possibility of the approved landscape location being off-site. These legal questions were reviewed and resolved. On October 10, 1997, the Town had a meeting with you and the Shadows of the Ridge Homeowners Association on the issue of completing the landscape requirements. You agreed to complete the landscape as per the Town Council requirements by November 10, 1997. Town Council approved the revised landscape plan with the condition, that the approval was as agreed upon by the Shadows of the Ridge Homeowners Association and the Developer as discussed in the staff report. The Shadows of the Ridge Homeowners Association has informed the Town that the landscape improvements were conducted without their input and does not meet with their approval. The Town is claiming bond AA2196 in the amount of$7,000.00, to bring the non-compliance landscape area into compliance with the approved (revised) landscape plan, as conditioned by Town Council. If you have questions on this matter, you may contact the Planning and Zoning Department at 797-9797. Sincerely, Manuel Padilla, Senior Zoning Inspector LEY q R1 �O `IDO , ''; TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE �► ORO VALLEY, ARIZONA 85737 Administrative Offices(520)297-2591 Fax(520)297-0428 A �, ,.1► p °UNDEOA91 September 11, 1997 Laura Oliva CBIC 2201 E. Camelback Road Suite 505-B Phoenix Arizona, 85016 Ms. Oliva: The Town of Oro Valley received a cancellation notice dated September 5, 1997 on landscape bond number AA2196. Your notice indicates the effective cancellation dated is October 6, 1997 The Town of Oro Valley requires bond number AA2196 remain in effect. The landscape improvements secured by this bond are not in compliance with the Town. Pending the outcome of a zoning violation, the Town has the responsibility to insure improvements have been completed by Mr. Fazio or claim bond AA2196 to secure improvements. Thank you in advance for your assistance in this matter. If you need further clarification on this matter, please contact me at 797-9797. . . Sincerely, Manuel Padilla, Senior Zoning Inspector Town of Oro Valley C: Tobin Sidles, Town Attorney Chuck Sweet, Town Manager Don Chatfield, AICP, Planning &Zoning Director i , Claims Department BONDS c lc 1213 Valley Street P.O.Box 9271 Seattle,WA 98109-0271 (206)628-7200 INSURANCE (800) 765-2242 National (425)462-5607 FAX February 24, 1998 Manny Padilla ACEI v ED Town of Oro Valley 11000 N. La Canada Drive FEB 2 6 1998 Oro Valley, AZ 85737 T,,,uun of Om 1h1t'- Re: Company: CBIC Principal: Fazio by Design L.L.C. Claimant: Town of Oro Valley Bond No.: AA2196 Dear Mr. Padilla: Thank you for your letter of January 29, 1998. Please forward all documentation supporting the claim to us at your earliest convenience. Such documentation should include a copy of all contracts, invoices and other writings which show the nature, amount and extent of the claim and the date it was incurred. Once I have been provided with this documentation, I will be better able to evaluate your claim on the bond. Thank you for your cooperation in this matter. If you have any-questions, please do not hesitate to contact me. Very truly yours, . CONTRACTORS BONDING AND INS CE COMPANY c1/4.....L.,4_,) 2( 1N-3 ...st.,,.-1..,v..,._ Patty St. George Claims Representative it/ Contractors Bonding and Insurance Company ai _,.�.+..r.« ..•. ...r. • •.Nr,...,...,,N.. ..•.au..... ..s.w...,,-ay.w,.,........rMy�.w.,.,.«.MrMWww.....,...nW.M ..e ..:n... O - TOWN OF ORO VALLEY ._t. 11000 N. LA CANADA DRIVE _ `- {. ORO VALLEY, ARIZONA 85737 Administrative Offices(520)297-2591 Fax(520)297-0428 ENDED May 8, 1998 CBIC Insurance Claims Department 1213 Valley Street P.O. Box 9271 Seattle, WA 98109-0271 RE: Company: Contractors Bonding And Insurance Company Bond No. AA2196 Principal: Fazio by Design"L.L.C. Claimant: Town of Oro Valley Dear Ms. St. George: I believe the Town has made phone calls to your company to determine the status of our claim on this bond. I do not understand your determination that the bond is only for the homeowners as part of a personal landscape package.If true,you should be writing the homeowners to see what was promised them by the principal,as the Town would not have any record of this type of private agreement.However,I have enclosed a copy of the minutes of the Town Council meeting stating the requirements the Town placed on the property before allowing construction,and what the bond was to be for.If this information is insufficient for your purposes of making a determination,please contact me at your earliest convenience with a listing of what will be required. Sincerely, OFFICE OF TTORNEY aie.,./zert/f Tobin Sidles Town Attorney • MEMORANDUM TO: Tobin Sidles, Town Attorney FROM; Shirley Gay Town Assurance Clerk DATE: May 1, 1998 SUBJECT: CLAIM, FAZIO LANDSCAPE BOND Tobin, the Town received a letter dated April 28, 1998 (received April 30, 1998) in which CBIC, the bond company holding Fazio's bond is claiming the Town has not responded to their last request (attached letter dated March 13, 1998). I remember receiving the letter from CBIC, dated March 13, 1998 and discussing the issue of this letter with Manny. -Manny reviewed the letter with Bryant and was directed to see you on this matter. Our department forwarded to you a copy of the CBIC letter dated March 13, 1998 with all the attached documentation that had been previously provided to CBIC, which in turn generated the CBIC letter of March 13, 1998 back to our Town. I understand from Manny that David Andrews, Don Chatfield, and you are in discussion on how to claim this bond without the CBIC approval? Can you let me know what your status is on this case, I have been asked to keep Bryant and Manny informed on this case. If I can be of any further assistance in resolving this matter, please let me know thank you. ' Claims Department BONDS 1213 Valley Street P.O.Box 9271 Seattle,WA 98109-0271 ACI C ril 28, 1998 (206) 628-7200 p (800) 765-2242 National INSURANCE (425)462-5607 FAX Shirley Gay �i�CCI�FD Town of Oro Valley 11000 N. La Canada Drive f ri ? 3 0 i998 Oro Valley, Az 85737 Town of Ow Valley Re: Company: Contractors Bonding And Insurance Company Bond No.: AA2196 Principal: Fazio By Design L.L.C. Claimant: Town of Oro Valley Dear Ms. Gay: CBIC has not received a response to our letter of March 13, 1998, requesting documentation to support your claim against the above-referenced bond. In order that your records are complete, I have enclosed a copy of said letter. Please respond by May 15, 1998, or the surety will have no choice but to deny the claim for lack of documentation. Please understand that in the event of such a denial that the denial would be without prejudice to refile the claim at a later date as long as you are not otherwise barred by the applicable statute of limitations. Please call me if you have any questions. Very truly yours, CONTRACTORS BONDING AND INSURANC FT...4;1(c_ MPA.NY j)Qd4; Patty St. orge • Claims Department Enclosures mContractors Bonding and Insurance Company al • JP0LEY AR/� ° GI TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE 4 ORO VALLEY, ARIZONA 85737 A Administrative Offices(520)297-2591 Fax(520)297-0428 . °UNDEO"'- Date: February 20, 1997 John Fazio Fazio by Design 1270 East El Conquistador Way Tucson Arizona, 85737 • RE: TOWN OPTION TO CLAIM LANDSCAPE BOND FOR NON-COMPLIANCE ON OV 12-93-7, EL CONQUISTADOR RESORT PATIO HOMES This letter is in response to the non-compliance of the revised landscape plan, as approved by Town Council on September, 6, 1995. Case number, OV 12-93-7 requested to revise the landscape plan requirements for the El Conquistador Resort Patio Homes. Town Council approved as following; MOTION: Councilmember Wells moved to approve OV 12-93-7, EL Conquistador Resort Patio Homes, Revised Landscape Plan, as agreed upon by the Shadows of the Ridge Homeowners Association and Developer as discussed in the staff report, with the condition listed in Exhibit "A" (attached), and to be completed by the end of the year (1995). Motion seconded by Councilmember Kautenburger which carried 4-0. This letter serves to give notice, landscape plan requirements for El Conquistador Resort Patio Homes as approved by Town Council on 9/06/95 with conditions as attached in Exhibit "A", are to be inspected and deemed in compliance by the Town of Oro Valley by March 7, 1997. Failure to meet these conditions, gives the Town of Oro Valley the right to claim landscape bond, CBIC AA 2196 (attached). If you need assistance with this matter, please contact Manuel Padilla, Zoning Inspector at 797- 9797. Sincerely, • Manuel Padilla, Zoning Inspector Mary Jo Peterson, Assurance Coordinator A • September 11, 1997 Laura Oliva CBIC 2201 E. Camelback Road Suite 505-B Phoenix Arizona, 85016 Ms. Oliva: The Town of Oro Valley received a cancellation notice dated September 5, 1997 on landscape bond number AA2196. Your notice indicates the effective cancellation dated is October 6, 1997 The Town of Oro Valley requires bond number AA2196 remain in effect. The landscape improvements secured by this bond are not in compliance with the Town. Pending the outcome of a zoning violation, the Town has the responsibility to insure improvements have been completed by Mr. Fazio or claim bond AA2196 to secure improvements. . Thank you in advance for your assistance in this matter. If you need further clarification on this matter, please contact me at 797-9797. Sincerely, Manuel Padilla, Senior Zoning Inspector Town of Oro Valley C: Tobin Sidles, Town Attorney Chuck Sweet, Town Manager Don Chatfield, AICP, Planning& Zoning Director P�"`EY _ • op 1�I 4 0 TOWN OF ORO VALLEY .� *► 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 Administrative Offices(520)297-2591 Fax(520)297-0428 1 SOU 1g�b NDED January 29, 1990 `� kai-th Laura Oliva -�-�. tth - 2201 E. Camelback Road Suite 505-B Phoenix, AZ 85016 Ms. Oliva: This letter is in regards to Bond#AA2196 in the amount of$7,000.00. The Town of Oro Valley is holding this bond to ensure landscape requirements for the El Conquistador Patio Homes are met. After our Zoning Inspector, Manny Padilla completed an inspection of this site on 1-27- 98, he determined that the requirements had not been met. Because this has been an on- going violation for several years, the Town of Oro Valley, by means of this letter, requests to claim the bond in order to complete the Landscape requirements. Enclosed please find several letters from the Town to Mr. Fazio asking that this be completed, along with a letter from the Home Owners Association. Sincerely, Shirley Gay Assurance Clerk Manny Padilla Senior Zoning In•%.ector Town of Oro Valley P��EY qR/� Q�"f�` O'L O / 7 TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 Administrative Offices(520)297-2591 Fax(520)297-0428 x\' °UNDEo'\g January 29, 1998 John Fazio Fazio by Design 1270 East El Conquistador Way Oro Valley Arizona, 85737 RE: EL CONQUISTADOR RESORT PATIO HOMES LANDSCAPE BOND The Town addressed a letter to you, dated February 20, 1997 on the issue of non-compliance with the Town Council approved landscape plan for the El Conquistador Resort Patio Homes. The letter provided you with a date of March 7, 1997 to bring this violation into compliance or the Town would claim bond number AA2196 in the amount of$7,000.00. After receiving the letter dated February 20,1997, you questioned the road easement ownership and the possibility of the approved landscape location being off-site. These legal questions were reviewed and resolved. On October 10, 1997, the Town had a meeting with you and the Shadows of the Ridge Homeowners Association on the issue of completing the landscape requirements. You agreed to,complete the landscape as per the Town Council requirements by November 10, 1997. Town Council approved the revised landscape plan with the condition, that the approval was as agreed upon by the Shadows of the Ridge Homeowners Association and the Developer as discussed in the staff report. The Shadows of the Ridge Homeowners Association has informed the Town that the landscape improvements were conducted without and does not meet with their approval. The Town is claiming bond AA2196 in the amount of$7,000.00, to bring the non-compliance landscape area into compliance with the approved (revised) landscape plan, as conditioned by Town Council. If you have questions on this matter, you may contact the Planning and Zoning Department at 797- 9797. Sincerely, Manuel Padilla, Senior Zoning Inspector II C le Claims Department BONDS IcE::1 lleet 9 WA9-0271ational (425)462-5607 FAX February 24, 1998 Manny Padilla a C E I v ED Town of Oro Valley 11000 N. La Canada Drive FEB 2 6 199E Oro Valley, AZ 85737 T,,,„,, of (lrn ‘11! Re: Company: CBIC Principal: Fazio by Design L.L.C. Claimant: Town of Oro Valley Bond No.: A A 21 96 Dear Mr. Padilla: Thank you for your letter of January 29, 1998. Please forward all documentation supporting the claim to us at your earliest convenience. Such documentation should include a copy of all contracts, invoices and other writings which show the nature, amount and extent of the claim and the date it was incurred. Once I have been provided with this documentation, I will be better able to evaluate your claim on the bond. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, CONTRACTORS BONDING AND INS NCE COMPANY IcA___,H R\—___A-k.1-,uv-- Patty St. George Claims Representative cli-01-,- ..k...)\ Lv \s— LicUs — Loi1 Contractors Bonding and Insurance Company Ill Claims Department BONDS 1213 Valley Street P.O.Box 9271 C IC Seattle,WA 98109-0271 March 13, 1998 (206)628-7200 (800) 765-2242 National INSURANCE (425)462-5607 FAX Shirley Gay Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 Re: Company: Contractors Bonding And Insurance Company Bond No.: AA2196 Principal: Fazio By Design L.L.C. Claimant: Town of Oro Valley Dear Ms. Gay: Thank you for the facsimile that was transmitted to this office on March 6, 1998. It appears that I am in receipt of Council Communication dated September 6, 1995, from Kevin Kish, Planner II, to the Mayor and Council. Additionally, I am in receipt of a copy of the Council's minutes dated August 16, 1995. I have enclosed a copy of the bond for your review. Please note in the second paragraph, that the bond is granted: "...to guarantee that a landscape package will be provided to each purchaser of a patio home (14 total) in Shadows of the Ridge at El Conquistador AKA El Conquistador Resort Patio Homes." As you can see, the bond is very specific in that it covers a landscaping package as provided to the purchasers of the homes in a distinct parcel of property that was platted as "Shadows of the Ridge". In order to evaluate the validity and amount of your claim against the bond,please provide me with a copy of the contract concerning the landscape package as provided to the purchasers of patio homes in Shadows of the Ridge at El Conquistador AKA El Conquistador Resort Patio Homes. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, .*L CONTRACTORS BONDING --k--c -N),D0t,'Q '-b.\0`-ki-c-- AND INSURANC COMPANY /2,&(1Y. ,..c.V Patty St. beorge Claims Adjuster cc: John Fazio a/ Contractors Bonding and Insurance Companyax Claims Department BONDS MC /C 1213 Valley Street P.O.Box 9271 Seattle,WA 98109-0271 April 28, 1998 (206)628-7200 (800) 765-2242 National INSURANCE (425)462-5607 FAX Shirley Gay Town of Oro Valle L C El�rED Y 11000 N. La Canada Drive Y �. 3 Q Oro Valley, Az 85737 998 Tb�0 of Oro Valley Re: Company: Contractors Bonding And Insurance Company Bond No.: AA2196 Principal: Fazio By Design L.L.C. Claimant: Town of Oro Valley Dear Ms. Gay: CBIC has not received a response to our letter of March 13, 1998, requesting documentation to support your claim against the above-referenced bond. In order that your records are complete, I have enclosed a copy of said letter. Please respond by May 15, 1998, or the surety will have no choice but to deny the claim for lack of documentation. Please understand that in the event of such a denial that the denial would be without prejudice to refile the claim at a later date as long as you are not otherwise barred by the applicable statute of limitations. Please call me if you have any questions. Very truly yours, CONTRACTORS BONDING AND INSURANC MPANY -1°4Cd!t Patty St. orge Claims Department Enclosures ' Contractors Bonding and Insurance Company al