HomeMy WebLinkAboutProperty - Deeds/Titles - 8/10/2010 Quit Claim Deed, Evergreen-Steam Pump, LLC (Grantor) to TOV, Steam Pump Village Phase 3 Bo F. ANN RODRIGUEZ, RECORDER DOCKET: 13869
RECORDED BY: MRB PAGE: 848
DEPUTY RECORDER y°F ri14-9 NO. OF PAGES: 7
1562 PE-1 SEQUENCE: 20101530238
TFATI wA. A �, �� f Z 08/10/2010
TOWNV Y 'y
OF ORO ALLE '�' QCDEED 14:15
11000 N LA CANADA DR 1/I101 '
ORO VALLEY AZ 85737 MAIL
AMOUNT PAID $ 12.00
Chief Civil Deputy Town Attorney L'A6(gi
AUG 2 6 2010
QUITCLAIM DEED
EXEMPT under A.R.S. § 11-1134(A)(3) B r:
For the consideration of Ten Dollars, and other valuable consideration,
EVERGREEN—STEAM PUMP, L.L.C., an Arizona limited liability company, Grantor,
does hereby quitclaim to the TOWN OF ORO VALLEY, a municipal corporation of the
State of Arizona, Grantee, all right, title and interest of Grantor in and to that certain real
property situated in Pima County, Arizona, more particularly described on Exhibit "A"
attached hereto and made a part hereof(the "Property"). This quitclaim is delivered and
accepted subject to the additional provisions set forth on Exhibit "B" attached hereto and
made a part hereof.
DATED this 3� day July,Jul , 2010.
GRANTOR
EVERGREEN—STEAM PUMP, L.L.C., an Arizona limited liability company
By: Evergreen-Oro Valley Partners, L.L.C., •
an Arizona limited liability company
Its: Administrative Member
By: Evergreen Development Company-2004, L.L.C.,
an Arizona limited liability company
Its: Manager
By: Evergreen Devco, Inc., a California corporation
Its: Mana er
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By: IFY/
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Its: Executive Vice President
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STATE OF ARIZONA )
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County of Maricopa )
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The foregoing instrument was acknowledged before me this 31) dayof July, 2010,
by
Gregg Alpert, the Executive Vice President of Evergreen Devco, Inc., a California
corporation, Manager of Evergreen Development Company-2004, L.L.C., an Arizona
limited liability company, Manager of Evergreen—Oro Valley Partners, L.L.C., an Arizona
limited liability company, Administrative Member of EVERGREEN—STEAM PUMP,
L.L.C., an Arizona limited liability company, on behalf of the Company.
WITNESS my hand and official seal.
1' +4 I of Arkank f 1 .mss,F
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ACCEPTANCE
The Town of Oro Valley, a municipal corporation of the State of Arizona, hereby
accepts the foregoing quitclaim.
TOWN OF ORO VALLEY, a municipal corporation of the State of Arizona
Satish Hiremat Mayor
ATTEST: APPROVED AS TO FORM:
4/ • ,•
To ,n Clerk Town Attorney
Date: Date:
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Exhibit "A"
OPTIMUS
SURVEY SERVICES
LEGAL DESCRIPTION
STEAM PUMP VILLAGE PHASE 3
BOSQUE PARK
A PORTION OF BLOCK 2 OF STEAM PUMP VILLAGE PHASE 3 AS SHOWN ON FINAL
PLAT RECORDED IN BOOK 64,PAGE 95,PIMA COUNTY RECORDS,LYING WTIHIN
SECTION 5,TOWNSHIP 12 SOUTH,RANGE 14 EAST OF THE GILA&SALT RIVER
MERIDIAN,PIMA COUNTY,ARIZONA,MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID BLOCK, SAID POINT
BEING ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS POINT THAT BEARS N. 60°59'35"W.,A DISTANCE OF 3709.72 FEET;
THENCE SOUTHWESTERLY ALONG TIM SOUTH LINE OF SAID BLOCK 2 AND SAID
CURVE THROUGH A CENTRAL ANGLE OF 6°13'28",AN ARC LENGTH OF 403.01
FEET,TO AN ANGLE POINT IN SAID SOUTH LINE;
THENCE DEPARTING RADIAL TO SAID CURVE,S. 54°46'07"E.,A DISTANCE OF 10.00
FEET TO AN ANGLE POINT IN SAII)SOUTH LINE,SAID ANGLE POINT BEING ON A
NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS POINT
THAT BEARS N.54°46'07"W.,A DISTANCE OF 3719.72 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
0°03'11",AN ARC LENGTH OF 3A4 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS POINT THAT BEARS
S.41°11'29"W.,A DISTANCE OF 46.00 FEET;
THENCE DEPARTING SAID SOUTH LINE,NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 29°49'52",AN ARC LENGTH OF 23.95 FEET;
THENCE N.78°38'24"W.,A DISTANCE OF 43.17 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200.00 FEET;
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THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
11°39'32",AN ARC LENGTH OF 40.70 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS POINT THAT BEARS
S. 17°31'39"W.,A DISTANCE OF 260.09 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10°45'36",AN ARC LENGTH OF 48.84 FEET;
Page 1 of 2
S:13-06080(Steam Pump Ph III)\Docs\BOSQUE PARK LEGAL.doc
(p)602286.9300 1 (f)602.286.9400 1 www.optimus-usa.com
4650 E.Cotton Center Blvd. i Suite#140 1 Phoenix,AZ 85040
THENCE N.36°00'00"W.,A DISTANCE OF 166.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID BLOCK 2,SAID POINT BEING ON A NON-TANGENT
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS POINT THAT BEARS
S.28°08'31"E.,A DISTANCE OF 2804.79 FEET;
THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 8°53'31",AN ARC LENGTH OF 435.28 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE,N. 83°18'14"E.,A DISTANCE
OF 59.85 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 75,000 SQUARE FEET OR 1.72 ACRES,
MORE OR LESS.
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(p)602286.9300 1 (f)602..286.9400 1 www.optimus-usa.com
4650 E.Cotton Center Blvd.. I Suite#140 1 Phoenix,AZ 85040
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STEAM PUMP VILLAGE PHASE 3
Jab No.: 3-06080
EXHIBIT: BOSQUE PARK
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PHASE 3
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BOOK 64, PAGE 95, P.C.R.
BLOCK 2
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ce< r. CURVE DELTA RADIUS _LENGTH
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LU L I N E T A B L E Cl 613'28" 3709.72' 403.01'
9,' LINE BEARING DISTANCE ' C2 0'03'11" 3719.72' 3.44'
m Li S54.46'07"E 1.0.00' C3 29'49'52" 46.00' 23.95'
L2 N78'381243'W 43.17' C4 11'39'32" 200.00' 40.70'
L3 N3 '0 "W C51.
,� 6 OQ Q � 166.67' 10 45 36 260.09' 48.84' ;�;+
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— L4 N8318'l 4"E 59.85' C6 8'53'31" ' 2804.79' 435.28' +'!°
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= 4650 E. COTTON CENTER BOULEVARD ( IN FEET )
Ca SUITE 140 1 inch = 100 ft.
1 PHOENIX, AZ 85040
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Exhibit "B"
Additional Provisions
The Property is dedicated for and restricted to use as public right-of-way, park and/or
developable open space that may include municipal uses such as a trailhead, parking,
active recreational uses and/or a municipal building not larger than 10,000 s.f. and
reasonably related to the above-enumerated purposes and designed to the same standards
as the adjacent Steam Pump Village. Other potential municipal uses of the Property from
which the general public is excluded, including, without limitation, wells, water storage
tanks or treatment facilities, utility substations or facilities, maintenance buildings,
equipment storage yards, fenced areas, and the like are expressly prohibited.
Grantor covenants at its expense to maintain the Property in its condition as existing at
the date hereof(reasonable wear and tear excepted), until the earlier of(i) the fifth (5th)
anniversary of the date of recording of this quitclaim, or (ii) the date Grantee commences
construction of any improvements on the Property, after which Grantor shall have no
further maintenance obligation, and Grantee shall thereafter maintain the Property in a
first class condition. Grantee grants to Grantor a temporary easement for purposes
reasonably related to the performance of Grantor's maintenance obligation, which
easement terminates when Grantor's maintenance obligation terminates.
Grantor, as "Declarant" under that certain Common Operation and Reciprocal Easement
Agreement recorded July 16, 2004, as Instrument No. 20041370101, as amended and
supplemented (the "COREA"), by reason of the dedication of the Property to Grantee for
public right-of-way and non-retail purposes as provided herein, hereby declares that from
and after the date hereof, the Property is removed from the "Development" (as such term
is defined in the COREA) and excluded from the operation and effect of the COREA.
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F. ANN RODRIGUE Z, RECORDER DOCKET: 13869
RE CORDED BY: IRB PAGE: 845
DEPUTY RECORDER
°F NO. OF PAGES: 3
1562 PE-1 ' n0 SEQUENCE: 20101530237
TFATI 414- ! . z 08/10/2010
WELLS FARGO BANK �` PRECON 14:15
111 CONGRESS AVE 530 R1IZ01414
AUSTIN TX 78701 MAIL
AMOUNT PAID $ 10.00
wells Fargo Bank, N.A.
111 Congress Avenue,Suite 530
Austin,TX 78701-4050
Attn: Julie S.Oligschlaeger
DEED OF PARTIAL RELEASE AND PARTIAL RECONVEYANCE
(Beneficiary)
Wells Fargo Bank, National Associjition, Beneficiary under the Deed of Trust executed by
Evergreen-Steam_Pumpan Arizona limited Iia ility company, Trustor, dated
May 16. 200, and recorded May 27, 2005 in Docket/Book 12.562, Page 9560, or
Instrument No. , records of Pima, Arizona, hereby releases and reconveys to the person or
persons legally entitled thereto, without covenant or warranty, express or implied, all the
estate, title, and interest acquired by Beneficiary under said Deed of Trust, in and to that
portion of the property described as follows:
A PORTION OF BLOCK 2 OF STEAM PUMP VILLAGE PHASE 3 AS SHOWN ON FINAL PLAT
RECORDED IN BOOK 64, PAGE 95, PIMA COUNTY RECORDS, LYING WITHIN SECTION 5,
TOWNSHIP 12 SOUTH, RANGE 14 EAST OF THE GILA&SALT RIVER MERIDIAN, PIMA
COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID BLOCK, SAID POINT BEING ON A
NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS POINT THAT BEARS N.
60°59'35"W., A DISTANCE OF 3709.72 FEET;
THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID BLOCK 2 AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 6°13'28", AN ARC LENGTH OF 403.01 FEET, TO AN ANGLE
POINT IN SAID SOUTH LINE;
THENCE DEPARTING RADIAL TO SAID CURVE, S. 54°46'07" E., A DISTANCE OF 10.00 FEET TO
3
AN ANGLE POINT IN SAID SOUTH LINE, SAID ANGLE POINT BEING ON A NON-TANGENT 8
CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS POINT THAT BEARS N. 54°46'07"W., 6
9
A DISTANCE OF 3719.72 FEET; 0
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0°03'11", AN 8
8
ARC LENGTH OF 3.44 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE 4
SOUTHWESTERLY HAVING A RADIUS POINT THAT BEARS S. 41°11'29" W., A DISTANCE OF 5
46.00 FEET;
THENCE DEPARTING SAID SOUTH LINE, NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 29°49'52", AN ARC LENGTH OF 23.95 FEET;
Page 1 of 3
•
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Loan No.450048
THENCE N. 78°38'24" W., A DISTANCE OF 43.17 FEET TO THE BEGINNING OF A CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°39'32",
AN ARC LENGTH OF 40.70 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS POINT THAT BEARS S. 17°31'39" W., A DISTANCE OF
260.09 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°45'36",
AN ARC LENGTH OF 48.84 FEET;
THENCE N. 36000100" W., A DISTANCE OF 166.67 FEET TO A POINT ON THE NORTHERLY LINE
OF SAID BLOCK 2, SAID POINT BEING ON A NON-TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS POINT THAT BEARS S. 28°08'31" E., A DISTANCE OF
2804.79 FEET;
THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE AND SAID CURVE THROUGH A
CENTRAL ANGLE OF 8°53'31", AN ARC LENGTH OF 435.28 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, N. 83°18'14" E., A DISTANCE OF 59.85
FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 75,000 SQUARE FEET OR 1.72 ACRES,
MORE OR LESS.
The remaining property described in said Deed of Trust shall continue to be held by
Trustee under the terms thereof, and, as provided therein, this partial reconveyance
does not affect the personal liability of any person for payment of the indebtedness
secured thereby.
In witness whereof, Beneficiary has executed this Partial Release and Reconveyance this
I day of June, 2010.
Wells Fargo Bank, National Association, national banking association
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By: II IR'Z1.►4 9
David DeVictor, Senior Vice 'resident 0
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Page 2 of 3
Loan No.450048
A.P.N.: Partial Reconve ance - continued
Date: Jury , 2010
STATE OF Arizona )
)SS.
County of Maricopa )
On , before me, the undersigned Notary Public, personally appeared David DeVictor,
personally known to me (or proved to me on the basis of satisfactory evidence)to be the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity and that his signature on the instrument the
person or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
,t„; OFFICIAL SEAL
'�. MELBA M.MANUEL
I -�•, _ % 7 NOTARY PUBLIC-STATE OF ARIZONA
�•/ . �� MARICOPA COUNTY
My •mm ission Expir-s: Non Ty Public ���y� My Commission Expires January 30,2014
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Page 3 of 3
r - t
Item #: 1. N.
TC Regular Session
Date: 07/21/2010
Requested by: Amanda Jacobs, Economic Development Manager
Submitted By: Amanda Jacobs, Town Manager's Office
Department: Town Manager's Office
Information
SUBJECT:
Approving the Acceptance of a Deed from Evergreen Devco, Inc. for Open Space Land at Steam Pump
Village located on the west side of Oracle Road, north of Hanley Boulevard
SUMMARY:
At the March 8, 2010 Special Session, Town Council directed staff to accept the terms offered by
Evergreen Devco, Inc. (see Attachment 1) and BASIS School Incorporated for the in-kind and phased
payments of approximately $157,000 in permit and development fees for the BASIS Charter School
facility at Steam Pump Village to include appraisal and possible conveyance of one portion of Open
Space vacant land at Steam Pump Village and payment of the remainder of the fees through the
retention by the Town of future amounts due and payable to Evergreen under the existing Economic
Development Agreement (EDA) between Evergreen Devco, Inc. and the Town. The motion also
included that the appraisal be acquired by mutual agreement between the Town of Oro Valley and
Evergreen, that the arts fee be waived and that the maintenance on the parcel be a subject of negotiation
with the developer.
DISCUSSION:
On March 29, 2010, Town staff met with Gregg Alpert, Evergreen Devco, Inc. The parties mutually
agreed to hire Burke Weissenborn, LLC as the appraiser and Axia as the appraisal reviewer, and
discussed the valuation methodology to appraise the 75,000 square feet (1.72 acres) of Open Space
vacant land at Steam Pump Village that was part of the BASIS approval.
On May 17, 2010, Town staff received Burke Weissenborn, LLC's appraisal of the 75,000 square feet of
Open Space vacant land as well as the Axia appraisal review. The opinion of"as is" market value of the
subject property as of April 6, 2010 is$375.000. The value of the Open Space vacant land is more than
the $157,000 fee waiver that was requested by Evergreen Devco, Inc. Per Mrs. Keri Silvyn's letter to
Tobin Rosen dated March 5, 2010, "If, in fact, the value as determined by the appraiser for the Open
Space Property is more than the value of the fee waiver requested, we are willing to donate the excess
consideration to the Town at no cost."
FISCAL IMPACT:
The Town will receive 75,000 square feet, or 1.72 acres, of developable Open Space land valued at
$375.000.
CONCLUSION/RECOMMENDATION:
Staff respectfully recommends Town Council acceptance of the 75,000 square feet of public
right-of-way, park and/or developable Open Space vacant land at Steam Pump Village.
SUGGESTED MOTION:
I move to accept the conveyance of public right-of-way, park and/or developable Open Space land at
Steam Pump Village from Evergreen to the Town of Oro Valley.
Attachments
Link: March 5. 2010 Letter from Lewis & Roca
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LFWIS
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March 5,2010
tail
*Tobin Rosen,Esq,
Town of Oro Valley
11000 North.LaCoad:a.Drive
Orb Valley,Arizona .8.573740.16
Re: Steam Pump Viliage;))ASTS.charter-school -
Dear Tobin:
Thar*you.4nd-the Town of Oro Valey--("Town. ")staff forspealdng.with tny..cnentt.and
Me yesterday afternoon about our proposal.earlier this week to facilitate location of BASIS
charter.school:at the Steam Pinup Wine project., We.aretxdited about This unique opportunity
to bring BASIS to:Ore Valley. BASIS ranked in the top tenon LISNew and World Repores
2009 list of America's Best High Schools,'making.it the top-ranked school inthe.entire state of
Arizona. BASIS also placed#1 inRewsweelest 2008 top ten ranking:of the best public MA'
schools for college.readiness. BASIS Oro Valley would be.a major-os:et to the comMunity and
we are excited to.be WOrkingto bring them to the-Town,
WeAmderstand alut arcreolvithith0 Towle&desire to ensure that there is adequate
consideration to:the Tomfor the-relief on the lees.discussed in my letter of March.2,2010.
After careful:oonsideratiOn..of the ToVvres concerns,we wish to clarify our letter and Offer
additiOniti.t;onsiderationto the Town.
First and foremost,_the approximately 75,000..square4Oot parcel('Open Space Property")
proposed to be dedicated to 02:e Town is not required to be dedicated as public open:Space
pursuant to the Stearn.Pump Village PAD, The PAD requires that the Open.Space Property be
set aside in its natural condition,..However,there would be no public access and the private
property owner could expressly restrict public accps;, The proposed dedication would allow the
Open Space Property to enjoyed and used by the public as a•parksituated in the vicinity Of the
new pedestrian bridge over the CDO Wash_and the regional river park trait:m*4.. We believe
that-the...public will derive substantial value from the"use and enjoyment of this.new park not
currently contemplated in the PAD. There is a value.to-t4e Tow.n:andits residents from-such a
clecliogion. We are Wining to pay ifor a.third-party appraiser to assess the value of the idedicatiOh.
If,in fact,the value as.determined by the appraiser for the Open Space Property is.more
than the value.of the fee waiver requested,we are Willing to&nate-the excess:consideration to
the Town at no.cott„. If the value of.#1e.Open Space Property is ies$than the value of the foe
waiver requested,then nly-client Will accept the fee waiver up to the appraised value of the Open
.26511.16.1
P.II 0 E.N.IX • 'TUCSON -• LAS VIWA8 • RENO • ALBUQ UERQUE • SIVIC:ON VA LtlY
-www,kwisandroccoon
LEWIS Tobin Rosen,Esq,
RANDMarch 5,goIcs
OCA Page 2
LAW YE it$
Space_Property with an option to supplement it by pledging a portion of the revenues due to
Evergreen Steam-.PUmp L.L.C.pursuant to.the Economic Development Agreement("EDA"). It
isimportant to note thatBvergreen Steam-Pump 14.1,,C.has-committed a certain percentage of
the moneys due on the-EDA-to CaliforniaDesign Center and Carpet One as au economic
development tool to attract these butinesses into Oro Valley and Steam.Pump Village.. We'.will
work with the Town to ensure that there will be sufficient inoney.spledged hack to the Town to
provide the value required for adequate consideration.
We tielleyetthis proposal advances our mutual interests in locating BASIS chart=school
within the To*of Oro Valley. We appreciate-the time you have spent to resolve this issue We
also appreciate to'rown..contidering this matter at the Meeting on Monday,March feh. It is
critical that we know by the end of the meeting on Monday whethettliis proposal is acceptable in
order to:know*bother we will be moving forward in locating BASIS charter school at.Steam
Pump vitiag6.
Sincetely)
•
Kai L.Silvyn
KL,Satim
co: Gregg Alpert(via email)
Laura Ortiz(via email)
Mark Weinberg-(via email)
Amanda Jacobs(via.0naii)
Stacy Lames(via email)
265816.1