HomeMy WebLinkAboutOV129412 '.f.
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EXHIBIT "B
ORDER No. TRUST No.7770-T
IIraøt Agrvrmrut
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THIS AGREEMENT, made and entered into this 13th day of October 1994
by and between LAWYERS TITLE OF ARIZONA, an Arizona Corporation, hereinafter referred to as they TRUSTEE,
STEE,
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Schimmer Enterprises Co. , an Arizona Corporation
DBA Pueblo Investments
SPOKESPERSON: John. Schimmer or
Jon Paul Schimmer
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hereinafter referred to as the BENEFICIARIES (whether one or more), WITNESSETH:
WHEREAS, the Beneficiaries have caused to be conveyed to the Trustel
• and may •hereafter convey or causer to be conveyed to the the following described property,
after be referred to as the Trust y Trustee additional property, which shall herein-
Property:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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AND, WHEREAS, at the request of the Beneficiaries, the Trustee has accepted said
trust upon the terms and conditions and for certain uses and purposes as herein propel to be held in
Po set forth;
NOW, THEREFORE, in consideration of the premises, and of the mutual
contained, the Trustee and the Beneficiaries agree as follows: covenants and agreements herein
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10051 , 19
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SECTION 1
The Trust Property is hereby declared to be held in trust by the Trustee for the Beneficiaries and the
Trustee holds and will hold title to said property in trust for the purposes of subdividing, platting, deeding,
selling, conveying, receiving payment for and otherwise handling the property as a whole or in lots or parcels,
upon such terms and conditions and for such prices as the Trustee may be instructed in writing so to do by
the Beneficiaries or their authorized representative. The Beneficiaries hereby gran to the Trustee full power
to do all acts necessary to accomplish the purposes of this trust. The Trustee is authorized to act in accordance
with such instructions as it may receive from any one of the Beneficiaries.
SECTION II.
It is understood and agreed that the Beneficiaries, at their option, may cause the trust property, or any
part thereof, to be subdivided and improved provided any subdivision plat thereof shall comply with all
:exiting governmental rules and regulations. It is further agreed that the Trustee is authorized to execute such
subdivision plats and to dedicate to the public use all road, alley, park, utility easements or other dedications
necessary for such subdivision and the Trustee is further authorized to convey any portions so dedicated to
the County in which said property is located or to a City, if said property is located within the boundaries
of an incorporated City or town. The Trustee is further authorized to file for record such restrictions as the
Beneficiaries may submit, provided, said restrictions shall not limit the sale or occupancy of said property on
account of race, color or creed. All expenses in connection with the subdivision including, but not limited to,
the installation of streets, sidewalks, water and sewer lines or other public utilities shall be the obligation of
the Beneficiaries.
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SECTION Ill
The Beneficiaries agree jointly and severally that they will fully pay, indemnify, protect, save and hold
the Trustee harmless from any and all suits, claims, demands, judgments, liens, encumbrances, costs and ex-
penses, including attorneys fees and other obligations and liabilities of every kind and nature that the Trustee
may for any reason or at any time suffer, sustain, incur or expend by reason of or in connection with this
`Trust or the administration thereof otherwise than through its own misconduct, negligence or willful neglect.
It is further agreed that the Trustee shall not be required to pay or attend to the payment of any clbim, lien
or other encumbrance against the Trust Property (including, but not limited to property taxes, special assessments
and income, inheritance or estate taxes) other than from the proceeds received and available hereunder for
such payment.
Notwithstanding said agreement on the part of-the Beneficiaries hereunder, the Trustee shall have the
right to include the Trust Property in the Comprehensive General Liability Insurance policy carried by lawyers
Title of Arizona, and the cost of the pro-rata portion of the policy premium applicable to said property shall
tie'paid by the Beneficiaries.
It is further understood and agreed that the Trustee shall not be required to commence or defend any
suit in connection with this Trust or the Trust Property until there shall have been paid to the Trustee a sum
of money sufficient in its judgment to pay all costs thereof including attorneys fees and a reasonable com-
pensatipn to the Trustee for its services and for the time of Its officers and employees in connection therewith.
SECTION IV.
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All instruments affecting any property included in this Trust shall be executed solely by lawyers Title of
Arizona, as Trustee. Provided, however, that the Trustee in its discretion may refrain from executing any such
instrument and at its option may cause or permit such Instrument to be executed by some other person or
corporation.
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10051
The Trustee shall not be obligated to warrant title to any property sold or conveyed by it except as against
the acts of the Trustee only. Any Sales Agreement or Deeds executed by the'Trustee shall be made subject to
any taxes, assessments, liabilities or obligations against said property.
SECTION V.
It is understood and agreed by and between the parties hereto that all funds arising and accruing from
the lease, sale or other disposition of any of the property held under this Trust shall be paid to the Trustee
and thereafter disbursed by the Trustee as follows:
(1) To the payment of the costs, fees, expenses, charges, damages, and advances, if any of the
Trustee;
(2) To the payment of the taxes and assessments levied and assessed against the Trust Property,
including assessments and charges of any special district or association;
All 'disbur`sements may be made by the check of the Trustee.
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SECTION VI.
An owner's policy of Title Insurance of Lawyers Title Insurance Corperation in the regular form then in
use shall be issued in connection with each conveyance by the Trustee hereunder and the premium therefor
shall be paid to the Trustee by the Beneficiaries.
SECTION VII.
The accounting records of the Trustee which relate to this Trust shall at all reasonable times be open to
the inspection of the Beneficiaries hereunder.
SECTION VIII.
All advertising shall clearly show that the Beneficiaries are the authors thereof, and the Trustee shall not
be liable for any statements or representations made thereon. The Trustee's name shall not be used in any such
advertising without its written consent.
SECTION IX.
It is made one of the terms and conditions of tFis Trust that any party dealing with the Trustee shall
not be obligated to ascertain whether or not the Trustee has exceeded its powers in any act it may perform
or caOse to be performed incident to or in connection with the management, control, sale, disposal or other-
wise handling said property nor to see to the proper handling, application or disbursement by the Trustee of
any funds paid to the Trustee.
SECTION X.
The interest of the Beneficiaries in this trust is personal property, and the Beneficiaries have not and
shall not at any time have any right, title or interest in or to the property covered hereby, and have not and
shall not have any right or power to,apply for or secure the dissolution of this Trust or the partition or division
of any of the Trust Property in any manner, except as provided herein. The sole right and power of the Bene-
ficiaries is to enforce the performance of the terms of this Trust as expressly set forth herein.
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10051 201
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SECTION XI.
The Beneficiaries further agree to pay and discharge, when and as the same shall become due and
payable, all liens to contractors, materialmen, mechanics, laborers and others, which at any time may be
imposed upon the Trust Property, or any part thereof, through any act of the Beneficiaries or their agents and
further agree to protect the Trustee and hold it harmless against any loss, claim, damage or expense on account
of any such liens, which it may incur by virtue of acting as Trustee under this Trust and because of any Sales
Agreements and conveyances made by the Trustee pursuant to the provisions hereof.
SECTION XII.
No assignment or transfer or any interest of any party hereunder at any time shall be valid and binding
upon the Trustee until an executed original of the assignment or other instrument evidencing the transfer has
been filed with and accepted by the Trustee and the Trustee's assignment fee is paid, excepting only where
such interest may pass or be transferred by decree or order of Court and then only upon satisfactory proof
of the regularity and validity of the proceedings in such matter being presented to the Trustee, and the fees
of the Trustee's attorney for passing thereon having been paid.
SECTION XI11.
This Trust shall be exempt from the provisions and operation of the Uniform Principal and Income Act
of Arizona.
SECTION XIV.
This Trust shall terminate upon conveyance of all of the property by the Trustee In accordance with the
provisions hereof, and the distribution of all of the funds in the hands of the Trustee to the person or persons
entitled thereto in accordance with the terms hereof. In the event said property has not been conveyed by
the Trusteeprior to the 13 th., October 2004
day of .tgcXXXX the Trustee may, as soon thereafter
as practicable and upon payment of all of its fees, costs, charges or damages for which it may have become
liable, convey the property to the Beneficiaries, and this Trust shall be deemed terminated.
SECTION XV.
The Trustee may at any time. resign by sending by ordinary mail, postage prepaid, a notice of its intention
so,:to do to the Beneficiaries hereunder at their address last known to the Trustee. Such resignation shall become
effective ten (10) days after the mailing of such notice by the Trustee. In the event of such resignation, a
successor or successors may be appointed by the person or persons then entitled to direct the Trustee in the
disposition of the Trust Property, and the Trustee shall thereupon convey the Trust Property to such successor or
successors in trust. In the event that no successor in Trust is named as above provided within ten (10) days
after the mailing of such notice by the Trustee, then the Trustee may convey the Trust Property to the Bene-
ficiaries in accordance with their interest hereunder, or the Trustee may, at its option, file a bill for appropriate
relief in any court of competent Jurisdiction. The Trustee, notwithstanding such resignation, shall continue to
have a first lien on the Trust Property for its costs, expenses and attorneys fees and for its reasonable compen-
sation. Every successor Trustee or Trustees appointed hereunder shall become fully vested with all the estate,
properties, rights, powers, trusts, duties and obligations of its, his or their predecessor.
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Intentionally Left Blank
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10051 203
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SECTION XVII.
Wherever the context of this instrument so requires, words used in the masculine gender include the
feminine and neuter; the singular number includes the plural, and the plural the singular; the word person
includes a corporation,.company, partnership, association or society as well as a natural person. Every reference
to any Beneficiary or to the Beneficiaries collectively shall be deemed to constitute a.reference to all successors
in interest or assigns of the party referred to.
SECTION XVIII.
The provisions of this instrument and the terms and conditions hereof and of this Trust shall be binding
upon and inure to the benefit of the executors, administrators, personal representatives, legatees, devisees, heirs,
successors and assigns ,of the parties hereto.
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APPROVED BY:
xxxxxxxxxxx x SKUMUr x, cxxx
BENEFICIARIES: Schirmer Enterprises Co. ,
an Arizona Corporation
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BY. VI/EL Prcsi
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Executed by Trustee this C 0 day of Oe____.--robec" I93A
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LA RS TI E OF AR ONA
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By �L
Nikki Araiza Tr je icer
STATE Of ARIZONA
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COUNTY OF PIMA
On this, the CPPS 0 day of , 199. _, before me, the undersigned
personally appeared Nikki Araiza officer,
, who acknowledged himself to be the Trust Officer
OF;.LAWYERS TITLE OF ARIZONA, an Arizona Corporation, and that he as such officer being authorized so
to do, executed the foregoing Instrument for the purposes therein contained by signing the name of the cor-
poration by himself as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires: e(—1 S of ry Public
• 1 :: ;r, OFFICIALLARKIN
SEAL
SFIEILA
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:�X} NOTARY PUBLIC-ARIZONA
k '=�� PIMA COUNTY
My Comm. Expires Apr. 15. 1998
TR-39 1005L2O -
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STATE OF ARIZONA
ss.
County of Pima
On thi: 14th day of flrtnher , A.D., 19 94 , before me, the undersigned officer, personally
appeared Jon Paul Schimmer and
who acknowledged (himself) (themselves) to be the Vi re President ..and of
Schimmer Enterprises Co. , a Corporation, and that (he) (they) as such officer(s), being
authorized so to do, executed the foregoing Instrument for the purposes therein contained, by signing the name of the
Corporation by (himself) (themselves) as such officer(s).
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My commission expires: '`r �' '' SEA
NotaryPublic
COUNTY
STATE OF ARIZONA ' Fey Comm. Fxnres Av. 15. 1C.23
County of •"`._.._
l
On this day of , A.D., 19 , before me, the undersigned officer, personally
appeared I and
who acknowledged (himself) (themselves) to be the and of
, a Corporation, and that (he) (they) as such officer(s), being
authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the
Corporation by (himself) (themselves) as such officer(:).
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My commission expires:
Notary Public
STATE OF
ss.
COUNTY OF
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This instrument was acknowledged before me this day of , 19
by
My commission expires: Notary Public
STATE OF
is.
COUNTY OF
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This instrument was acknowledged before me this day of , 19
by
My commission expires: Notary Public
STATE OF •
ss.
COUNTY OF
This Instrument was acknowledged before me this day of , 19
by
My commission expires: Notary Public
STATE OF
COUNTY OF N.
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This Instrument was acknowledged before me this day of
by , 19
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My commission expirtis 0 0 5 i 2 0 5 NotaryPublic
• EXHIBIT "C"
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Subdivision Name : SUNSTONE ESTATES
OV Case No. : 0V12-94-12
Trust No. : 10,671
The following improvements and conditions are made a part of the attached Assurance
Areement:
1. Paving of the streets included in suns tone Estates
2. A public water system satisfactory to the Metro Water 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. Installation of all street signs and street striping.
10. 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 accepted plans for this development.
Certifications, in writing, are to be received by the Town Engineer of the Town of
Oro Valley prior to any request for building permits and/or final inspection for
release of assurances.
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10051 206
Exhibit "C"
page 2
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11 . The Soils Engineer of record or other Registered
Professional Civil Engineer with expertise in the
areas of soils engineering shall certify, in
writing, that all materials utilized on this
development are in conformance with the accepted
plans and specifications . Certifications, in
writing, are to be received by the Town Engineer
of the Town of Oro Valley prior to the request for
final inspection and the release of assurances .
12 . The Soils Engineer of Record or other Registered
Professional Civil Engineer with expertise in the
area of Soils Engineering shall certify, in
writing, that all soils operations for this
development were performed in accordance with the
recommendations as set forth in the Soil Investigation
and any amendments thereto, by Construction Inspection
and Testing, Inc . , Job No. 94-5618 , dated August
18 , 1994 . Certification, in writing, is to be
received by the Town Engineer of the Town of Oro
Valley prior to the request for any building permits
and/or final inspection and the release of assurances .
1 207
O O
042%, 2
�. ► TOWN OF ORO VALLEY
11000 N. LA CANADA DRIVE
ORO VALLEY,ARIZONA 85737
= Administrative Offices(520)297-2591 Fax(520)297-0428
A
�NDEO
March 25, 1998
Pueblo Investments
Jon Paul Schimmer
9655 N.Golden Sun Drive
Oro Valley,AZ 85737
Re; Bond#AC7161 Amount$8,600.00
LOC#10-015 Amount$75,000.00
OV 12-94-12
Dear Mr. Schimmer:
The TOWN OF ORO VALLEY has authorized the release of the above referenced Performance Bond for
Egleston Pedestrian Path and Linda Vista Equestrian Trail,and Letter of Credit for Landscaping. I have
enclosed the original bonds as requested.
Sincerely,
Shirley Gay,
Assurance Clerk
7'17A' ; .// (1/
Manny Pa. la
Senior Zoning Inspector
FROM : O.V.P.W.D. PHONE NO. : 797 2202 Mar. 25 1998 02:43PM P3
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*. Memo from Oro Valley Department of Public Works
Date: Wednesday, March 25, 1998
To: Shirley Gay
From: Steve Faaborg
RE: Linda Vista Boulevard equestrian trail (Sunstone Estates)
I have reviewed the equestrian/pedestrian trail along Linda Vista Boulevard and find it
to be in substantial compliance with the plan agreed to by this office. The back slope
in the area was to be a 3:1 slope and is much closer to 2:1 as constructed, however,
there is not sufficient room to flatten the slopeper plan.
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V3' Pueblo I n vestm a ntsA vaIAv&vAva YAVAVAYAVAVAV
9655 N.Golden Sun Drive•Tucson,AZ 85737-Telephone(520)297-8095•Fax(520)297-7760
Fax Transmittal
call(520)Z87.8095 for reception problems
TO: Shirley Gay
WITH: The Town of Oro Valley
FAX- 74'-1022
1111'111 I II I (lI
DATE: 3/18/98
PAGES: cover only
Re: Final Inspection Request for Release of Assurances,
Sunstone Estates Subdivision, OV12-94-12;
Revegetation Letter of Credit#10-014 for$15,500.00; -="
Landscaping Letter of Credit#1 0-0 l 5 for$75,000.00,
Dear Ms. Gay:
At this time on behalf of Pueblo Investments I would like to request a final inspection for
Sunstone Estates Subdivision OV12-94-12 for the final release of the subdivision
assurances_
Pueblo Investments has received as of 3/1 3/98 a fax from Steve Faaborg at Public Works
indicating that the Linda Vista equestrian trail has been completed in compliance with
the approved plan_ This trail was the last item to be addressed and is now complete with
an approved inspection.
Please notify someone from Pueblo Investments at 297-8095 when the inspection has
been scheduled so that we may anticipate it. Thank You_
Sincerely,
Jon Paul Schimmer
Pueblo Investments
/"\
rvci\
ra:x-.•1,.)4�r. VI C fCA) rvuv 14• r.V1
Pueblo lnvestmentsAyAyAYAYAVAYAYAVAYATAAY
9655 N.Golden Sun Drive•Tucson,AZ 85737•Telephone(520)297-8095•Fax(520)297-7760
Fax Transm!ttai
call(620)2974095 for reception problems
TO: Mary Jo Peterson
WITH: The Town of Oro Valley
FAX: 742-1022
FROM: Jon Paul Schimmer
DATE: November 22, 1996
PAGES: cover only
RE: Landscape Bond; Sunstone Estates O.V. 12-94-1 2
Hello Mary Jo,
Pursuant to arrangements made between Manny Padilla and John Schimmer yesterday at
the Town, Manny will he conducting a second site inspection at 1:30 p.m. Monday,
November 25. The purpose of this inspection is to identify the remainder of tree
transplanting necessary inside the perimeter of Sunstone Estates.
According to my phone conversation with Mr. Padilla yesterday,the determination after
the initial site inspection was that the perimeter,the entry,and the common/pool area
landscaping had been completed. There was additional tree transplanting necessary
inside the perimeter of the subdivision.
The second site inspection on Monday will identify the amount of landscape
improvements needed for completion. From this amount a cost will be derived. This is
the figure that shall he used to determine bond amount for Assurance purposes.
Please call me if you have any questions. Thank You.
Sincerely,
/91 4,414-•
Jon Paul Schimmer
Pueblo Investments
Pueblo I nvestmentsA. A A A A A A A A A A A
9655 N.Golden Sun Drive•Tucson,AZ 85737•Telephone(520)297-8095•Fax(520)297-7760
Fax Transmittal �fp
call(520)297-8095 for reception problems A
`11-1991
JOW,jv
f Oro y
Valerie Ms. Valee B. Feuer- Senior Planner alley
WITH: Town of Oro Valley
FAX: 742-1022
FROM: Jon Paul Schimmer
DATE: September 29, 1997
PAGES: 4 inc. cover
Re: Bond for Completion of Zoning Conditions;
Sunstone Estates Subdivision O.V. 12-94-12;
Dear Ms. Feuer:
Following this cover you should receive a copy of a performance bond indicating the
Town of Oro Valley as Obligee and Pueblo Investments as Principal. This bond is for
$8,600.00, which is $6,700.00 for the Egleston path and$1,900.00 for the Linda Vista
trail. I have sent the original today by mail for your file.
As we had discussed,this bond was taken out to guarantee the Town that the above-
mentioned conditions will be constructed, if necessary. The purpose being for the Town
to be able to release the remaining lots of Sunstone Estates from the Assurance
Agreement before final completion of the above-mentioned conditions.
The bond is now in place to allow for the releases, and Pueblo Investments intends on
beginning construction immediately following the October Planning and Zoning hearing.
Thank you for your time on this matter.
Sincerely,
/24
Jon Paul Schimmer
Pueblo Investments
BOND NO. AC7161
PREM. $250.00
PERFORMANCE BOND
PEDESTRIAN PATH AND EQUESTRIAN TRAIL
For premises at Sunstone Improvements - Egleston Pedestrian Path and Linda Vista
Equestrian Trail, Town of Oro Valley, Pima County Arizona.
KNOW ALL MEN BY THESE PRESENTS:
That Pueblo Investments , as principals, and Contractors Bonding
and Insurance Company , a corporation organized and existing under
the laws of the State of Washington and duly authorized to transact surety
business in the State of Arizona, as Surety, are held and firmly bound unto the Town of
Oro Valley , as obligee, in the sum of_Eight Thousand Six Hundred and
no/100 ($8,600.00 ) DOLLARS lawful money of the United States of America, for the
payment of which we bind ourselves, our heirs, personal representatives, successors, and
assigns,jointly and severally, firmly by these presents.
The condition of the above is such that,
WHEREAS the principal in this undertaking has heretofore applied to
_the Town of Oro Valley for approval to build Sunstone Improvements -
Egleston Pedestrian Path and Linda Vista Equestrian Trail_ for requirements for the
premises and/or common area above described;
WHEREAS, the principal is required by the architectural guidelines of the Town
of Oro Valley to post a bond;
NOW, THEREFORE, the said principal and her, his or its agents, servants and
employees shall comply with the requirements of the aforementioned architectural
guidelines. This bond inures to and is for the benefit of_the Town of Oro Valley
and to any person damaged by any violation of the requirements of
the architectural guidelines.
`. . I s, i ! 0
.1.1MiRED POWEROF ATTORNEY
:.�:. .. READ CAREFULLY ::
::.': _-CONTRACTORS BONDING AND.INSURANCE COMPANY ISRESPONSIBLE ONLY FOR THE BONO DESCRIBED AND UP TO THE AMOUNT SET FORTH IN THS ;:1-_�:•.
: :-LIMITED POWER OF ATTORNEY ANY ERASURE WiLL VOID THIS POWER OF ATTORNEY.tFYOU HAVE ANY OUESTIONSABOUT OR WANT TO VERIFY THIS•••.-':•• `• :
POWER OF ATTORNEY CALL.CONTRACTORS BONDING AND INSURANCE COMPANY TOLL FREE AT.1(800)765-2242: :.
AZ . .. : • AG:7• 1.b`l
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•NameofObligee• : TO N OE OR0 VALLEY
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Descript n(1):
V N S ---I..W -U V E1'1 E .N. S E. L-.L "[Oa.:_.-1. EI i. •1'Y CA R.. W A t li :_: :.:: ..:-
AR I.TLINA. :_.. - --
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KNOW ALL MEN BY THESE PRESENTS that CONTRACTORS BONDING AND INSURANCE COMPANY,a corporation duty organized and existing under the laws of the sate of Washington,and having its principal
office in Seattle,King County,Washington,does by these presents make,constitute and agdiht` I S T I N A M. M C C A U L E T U C S 0 N A
Z
is true and lawful attorney-in-ad.with full power and authority hereby conferred in to name,place and stead,to execute,acknowledge and deliver the bond(o)described above;and to bind the Company thereby as fully and
to the same extent as if each such bond was Signed by the President,sealed with the corporate seal of the Company and duty attested by to Secretary;herebyradifying and confrmirg all that the said ahem 7f ma
in the premises.Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors cf CONTRACTORS BONS AND N NC SURAE COMPANY on 10' '" 7/ 3
RESOLVED that the President a authorized to appoint.atiomey-n••tact of the Comparry C H R I S T I N A M . M C C A U L E Y with power aicl authority to„r o,behalf
of the Company those surety bonds which may from time to time be approved by the Vice President Chef Financd Officer,President or Chief Executive Officer of the Company,in such penal sums and according to such
cmrt'ore as may be appared by the;ice r esrderx,Chief Fi,msxml Otfoo:.,President a Chef Executive Officer�t the Camparr;.
RESOLVED FURTHER that each Power of Attorney must set forth the specific description of the bond to which it apace.the name of the prnupaL the name of the obligee.the penal sure the bond number(except for a bid bond
where there a no number),the identifying number of the attorney-in-tact,the identifying number at the Porter of Attorney,and the name and signature of the Vice President the Chef Financial Officer,President or the Chef
Executive Officer of the Company:and may set forth the description and amour of additional reinsurance or collateral.if any.
RESOLVED FURTHER that the Chef Executive Officer,President Chief Fssancsal Officer on Vice President of the Company a authonsd to establish a specific aspiration date for the Power of Attorney and to modify that date from
time to time as the Chief Executive Officer,President,Chief Financial Officer or Wee Prescient deems necessary in ha sole discretion;the applicable expiration date to be deaty set forth in any wrtten Power of Attorney.
RESOLVED FURTHER that except as otherwise provided n the immediately summary resolution,under re orcumstrnoes shal dal the corered amount to any bit payment performance.or combination payment and performrswe bond
(Le,a perfotn atce aid payment obrg3xin n one bond Corm)exceed it.2!Ogne t the bond is guaranteed byte Smal ids Admrastrauon;(b)the penal sum of any bond not guaranteed by the Small Business Adm rntlabon(other than
a bid bond which a tither restricted by disuse(U)exceed S3.502Car,and(cf a bet bond welch is not guarateed bythe Sod Buie Acannatrceion be sewed fa a yob where,i the contract a awarded,the bond penalty on ay parfait..
bond,payment bored,or combnabon performaice and payment bond(t.e.,a performance and payment obligation in one bond tonal to be ezeadd puraxntto the bid bond a to exceed$3.5otAoo.
RESOLVED FURTHER that above named Attorney-er-tact a granted power and authorty to exceed the applicable penal limes set forth in the immediately preceding resolution for any bond in an amount equal to the amount of
any additional rerrsurarnce or of airy cash,letter of credit or other security raeerred as collateral secuty by the Company as inducement to issue the bond,so brig as the desenpuon and amount of additional reinsurance or
cofbteral are set forth in the Power of Attorney.
RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effsctrverese of the foregone resolutions in any Limited Power of Attorney a hereby delegated to the following persons,
the signature of any of the following to bind the Company we;respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Secretary of the Company:Donald Sirius,Steven A.Ganes,Marc A.
Mrlarcia,and J.D.Minto.
RESOLVED FURTHER that the signatures(ncludng certification that the Power of Attorney is stet n force and effect)of the Chief Executive Officer,Presided,Chief Financial Officer,Vice President and Notary Public,and the
corporate and Notary sere.eppeerng on any Limited Power of Attorney cornering this and the foregoing resolutions as well as the Limited Power of Attorney itself and its i'ansmas•on,milt be by tasomile and such Limited
Power of Attorney shall be deemed an ongnat in al
RESOLVED FURTHER that all resolutions adopted poor to today appointing the above named as attorney-+n-tad to the Company are hereby superseded.
IN WITNESS WHEl3Et1F t�OAfTIA9TQR3 BONDING AND MSURANCE COMPANY teas caused these presents to be signed by its Chief Executive Officer,President,Chief Financial Officer and Nice President and its corporate seal to be hereto
affixed 1 U/
h'
CONTRACT ►� +I04N644 11SURANCE,w PANY ••
�"_•'.QQO R„q (94.t, 1.
.) .
�:v0 lam•.cf.%4,
By: s lit• SEAL,.Donald 3irkin,Chief Executive Officer ,a: D.?Aitce President
�� rrrr=''' 1979 ••,s t
e - 11, ,S H I N r.O-- ey:Sailidetik y
4
Steven A.Gaines,President •• Marc A.Mricvidcn,Chief Finmcial Officer
STATE OF WASHINGTON—COUNTY OF KING
O,1 0/2 7/9 3 personally appeared DONALD SIRKIV,STEVEN A.GAINES,MARC A.IIRKVICKA and J.D.PINTO,to me known to be the Chief Executive Officer,President,Chief Financial Officer and Vice President
respectreety cf the corporation that executed the foregoing Lmited Power of Attorney and acknowledged sad 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 they are authorized to execute the said Limited Power of Attorney.
N WITNESS WHEREOF, have hereunto set my hand an•• iced my�t1ttt and year st above written_
MOLLY A.HUDSPETH
Mortar„Pabbe-State of tlnst> ton - 'N
Notary Public in and of We ington, -ding at Swathe
*Cam m t 3344#xi+rt31.9-01
The undersigned,acting under authority of the Board of'.L.•S• • ee•11':•t•. .e,:s, • D NSURANCE COf5PANY,hereby certifies,'e o1 in lieu of Cartificate of the Secretary of CONTRACTORS
BONDING AND INSURANCE COMPANY,that the above an• • -•ang is a , ue and correct copy of the Onginai Power of Attorney issued by said Company,and does hereby further certify that the said Power
of Attorney is still in force and effect.
GIVEN under my hand, Phoenix, AZ 4 -) 271, --,„ this 26 day of S E P 19 97
A1(021497) •
.
IN WITNESS WHEREOF the signature of said principal and the corporate seal
and name of said surety is hereto affixed this 26th_day of_September , 1997_.
Pueblo Investments
Principal (Please Print)
By PaidiLm~ - v
ignature
Contractors Bonding and Insurance
Company
Surety
l' 114,Attach Co of Power of t,�;1�-r't- �. fi
Attorney for this bond Its Attorney-in-Fact
Christina M. McCauley
State of Arizona)
) .ss
County of Pima )
On this 26th_ day of September , 19 97_, before me, Linda L.
Holbert , the undersigned officer, personally appeared Christina M. McCauley
known to me, or satisfactorily proven to be, the person whose name is subscribed as
Attorney-in-Fact for _Contractors Bonding and Insurance Company , a corporation,
and acknowledged that she executed the same as the act of her principal for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My commission expires: v
7 Q g Notary Public
I Ot:x•.•1J.::V._.?I I I VV Jch' J ?V 1'4•JJ r.V1
Pueblo I n vestm a nts•vAvA'►AvAvAyAvAvAvAv vAva �r,�,
9655 N.Golden Sun Drive•Tucson,AZ 85737'Telephone(520)297-8095•Fax(520)297-7760
Fax Transmittal
call(620)297-8095 for reception problems
TO: Mary Jo Peterson
WITH: Town of Oro Valley
FAX: 742-1022
FROM: Jon Paul Schimmer
DATE: September 5, 1996
PAGES: cover only
RE: Letters of Credit
Hello Mary Jo,
I have gotten your request regarding extending the letters.
The improvements that the letters covered are virtually complete. There was no mass
grading requiring new landscaping,the common areas are all landscaped,the pool area is
completed,and the recreation area is re-vegetated.
If the Town of Oro Valley doesn't share this evaluation of the project,would the Town
feel comfortable accepting a performance or completion bond at this time? If necessary,
this would take the place of the letters which seem to be excessive at this point in the
development.
Please contact me regarding the above at 297-8095. Thank You.
Sincerely,
Jon Paul Schimmer
Pueblo Investments
/2- Ci;'-i ,1---
June 4, 1997
Pueblo Investments
John Schimmer
9655 N. Golden Sun Drive
Oro Valley Arizona 85737
RE: SUNSTONE ESTATES LANDSCAPE BOND
Dear Mr. Schimmer:
This letter is in response to the Sunstone Estates subdivision landscape assurance requirements. A
requirement of the Town,under the Town's Zoning Codes, Article 4-9, Assurances,a landscape assurance
bond must be granted to the Town and shall be retained by the Town until such time as the Town deems the
landscape improvements in compliance with Town requirements. On August 16, 1996 the landscape
bond assurance for Sunstone Estates expired and has not been renewed. The expired bond is in violation
of the assurance requirements by the Town.
This letter serves as notice that within two weeks of receiving this letter,a landscape bond, equal in value
to the original approved landscape bond for the Sunstone estates subdivision shall be posted with the
Town of Oro Valley or a STOP WORK ORDER shall be placed by the Planning and Zoning Department
on all active building permits within the Sunstone Estates subdivision and a hold on future building permit
review by the Planning and Zoning Department.
The issue of landscape requirements based on the approved landscape plan and special requirements by the
Magistrate Court based on a previous on-site grading violation will remain a separate issue from the
landscape bond assurance requirements. If you have any question on the matter of renewing the bond,
contact Mary Jo Peterson,the Town Assurance Coordinator. If you have any questions or concerns with
landscape requirements,you may contact me. Mary Jo and I may be reached at 797-9797.
Sincerely,
Manuel Padilla
Senior Zoning Inspector
Town of Oro Valley
Pueblo Investments AYAVAYAVAYAYAYAVAVAYAYAY
9655 N.Golden Sun Drive•Tucson,AZ.85737•Telephone(520)297-8095•Fax(520)297-7760
RECEIVED
January 11, 1995 fsMN
1 7 1996
Town of Oro
Mary Jo Peterson valley
Assurances Coordinator
Town of Oro Valley
Re: Pueblo Investments Letters of Credit extensions
Hello Mary Jo,
Let me apologize for the delay in providing these to you. I don't want to make excuses,
but Liberty Bank is extremely slow in generating these types of documents. Everything
should now be in order. If there are any questions or if you require anything additional,
don't hesitate to call 297-8095. Thank You!
Sincerely,
za)q 444441- —
Jon Paul Schimmer
Pueblo Investments
1/2 1/gC-
Mor JD
Re-Core op t 6frkr- issue fk can our
o-F -for ctSSvrUntes 4-key eqvec -ed
JomeMii ,g Ti /2ci T wv� e Leh u 1:7, -14 7�r,,
27L fleeoC oh/y he. a__ 42cmo lo / 6/c rcti /r1�
T�e hit 4 1-1/ 'T/ v( Gyre ti f te /I- r Gt G- re ve 5-1- -fii r
0(k-115( 00 . )4(1 May fitK. 74/5 7Iv t 61-71` ct 7- 7760
Mtki „�� fec e/ve is J wiN rc( oth, 4G h
/S Ao/a At. Ccrmpde�c-k n s i of, S' *4'S 7Lis-77e.,
GUi)/ re %as2 ks-,e_ G��,c�
/9„,/ S-Ch Ill iMeK-
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9�- fe4c ,4.
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-EY
Ait
.Q . O
%;) TOWN OF ORO VALLEY
.r 11000 N. LA CANADA DRIVE
4 ORO VALLEY, ARIZONA 85737
A . , r Administrative Offices(520)297-2591 Fax(520)297-0428
°UNDEO
November 29, 1995
Jon Paul Schimmer
Pueblo Investments
Dear Mr Schimmer:
Please nofify Liberty Bank and Trust that the following Irrevocable Letters of Credit need to
have the maturity date extended to August 16, 1996:
Letter of Credit #10-014 in the amount of $15,500.00 (Revegation).
Letter of Credit #10-015 in the amount of $75,000.00 (Landscaping).
Thank You,
Mary Jo Peterson
Assurances Coordinator
•
INTER-OFFICE
MEMORANDUM
TO: File
FROM: Steven Faaborg, CE Technician
DATE: November 2, 1994
SUBJ: Restoration/Revegetation calculations for
SUNSTONE ESTATES 0V12-94-12
Discussion:
Gross Area of Subdivision 19.53 Ac.
Net area of Subdivision 16.09 Ac.
Calculation:
ACRES (Ac.) COST/Ac. TOTAL
HYDROSEEDING 1.26 Ac. $3,000 $3780
RESEEDING 14.83 Ac. $300 4449
TREES & CACTI 16.09 Ac. $275 4424.75
SUB-TOTAL 12653.75
120% 15184.50
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Fax:15202977760 Nov 29 '95 12:16 P.01
Pueblo investments AVAVAVATAVAVAVATAVAVAVAV
9655 N.Gotden Sun Drive-Tucson,AZ,85737•Telephone(520)297-8095-FaX(520)297-7760
FAXTRASSIWITAL:
TO: MARY JO PETERSON
WITH: TOWN OF ORO VALLEY
FROM: JON PAUL SCHIMMER
DATE: NOVEMBER 29, 1995
FAX: 297-0428
PAGES: 3 INCL. COVER
RE: #10-019 LETTER OF CREDIT MATURITY DATE EXTENDED
TO AUGUST 16, 1996
Hello Mary Jo,
This Letter,#10-0 1I 9, supports Letters##10-0 14 and#1 0-015 (see Revision Agreement).
Notice that the maturity date had been extended to 8/16/96. Extension of$75,000 Letter
for landscaping to follow shortly. Thank You.
:�Paul chimmer
Pueblo Investments
• Fax:15202977760 Nov 29 '95 12:16 P.02
y BANK & TRUST
RU STIT
IRREVOCABLE STANDBY LETTER OF CREW
NO. X0-019
Date: May 30, 1995
Name: Sunstone Estates Home Owners Association
(Beneficiary) Oro Valley, AZ
Address: y
We hereby extend our Irrevocable Letter of Credit No. 10-019 inyour favor and authorize you to draw on
Tucson,Arizona, for the account of Schimmer Enterprises Company,
LIBERTY BANK &TRUST, 000.00 (Fifty
Investments, Bank Customer)up to an aggregate amount of USI)L$50, bya
DBA Pueblo Invest , (
LLARS available by your draft(s)draw AT SIGHT accompanied
Thousand and no110Q Y75DQ )
purported to be signed by your authorized officer to the effect that Bank Customer
duly signed statement, �outstanding'
has failed to comply itswith4 obligations to guarantee completion of restoration of natural
og
vegetation.
The request for payment under this Letter of Credit No. 10-019 shall be final and conclusive for all
purposes without verification by Bank Customer and shall not be subject to refutation, denial, or contest.
Multiple drawings shall be permitted
This Letter of Credit is transferable within the USA
Expiration Date: August 16, 1996, at 12:00 noon.
Each draft under this credit must bear upon its face the words"Drawn Under Letter of Credit No. 10-019
Liberty Bank&Trust".
Notwithstanding the expiration of this credit, should you receive payments from Bank Customer which
P
payments ents are subsequently invalidated,determined to be preferential, set aside or required to be repaid by
you in whole or in part for reasons arising under the bankruptcy or other laws, then all our obligations to
you hereunder shall be reinstated in full and shall remain n full force and effect, provided said payments are
obligations entered into prior to the expiration date shown hereon_
Except as otherwise stipulated herein, this credit is issued subject to the Uniform Customs and Practice for
Documentary Credits, 1981 Revision, ICC Publication No. 400.
We engage with you that all drafts drawn under and in compliance with the terms of the credit will be duly
honored upon presentation to us.
LIBERTY BANK &TRUST
By = r
Doug1. • . Wingert
Vice President •
Fax:15202977760 Nov 29 '95 12:17 P. 03
.LIBERTY BANK&TRUST
REVISION AGREEMENT
7225 N.Oracle Road Office
Tucson Arizona Loan 39I67A5
This agreement refers to the loan evidenced by promissory note dated February 16, 1995, SCRIMMER
ENTERPRISES DBA PUEBLO INVESTMENTS, upon which the present principal balance is S.0011, and
upon which interest is paid to February 25,1995.
Request is hereby made that you revise the terms of said note and that you accept payment thereof at the time,
or times,and in the manner following:
This is a revision of a Line of Credit Advance Note which supports two Stand By Letters of Credit,
Numbers 10-014 and 10-015.
'This represents the balance outstanding of a Line of Credit with a commitment of S50,000.00.
MATURITY DATE: The Maturity date is hereby extended from February 16, 1996 to August 16,1996.
In consideration of the extension and modification,Borrower shall pay to Lender a Revision Fee of.50%
in the amount of S250.00. Said fee is payable herewith and is non-refundable.
MI other Terms and Conditions remain unchanged.
In consideration of your acceptance of such revision, and your forbearance to enforce payment except as
hereinabove revised, the undersigned obligors acknowledge that the indebtedness evidenced by said note is just
and owing,that the balance therof is correctly shown on the records of Liberty Bank&Trust as of this date and
that the obligors have no offsets or defenses thereto. The undersigned obligors agree to pay the indebtedness
evidenced by said note and secured by mortgage,deed of trust, security agreement or other document of lien or
encumbrance,according to the terms of thereof,as above modif1ed.
Any and all security held by you for said note and/or for any other obligation(s) of the undersigned may be
enforced by you concurrently or independently in such order as you may determine, and with reference to any
such security,you may, without consent of or notice to any of the undersigned, exchange, suubstitute or release
such security without affecting the liability of said party or parties to terminate without affecting the li:bilit •of
any other party or parties liable thereon.
This agreement is a revision only, and not a novatlon; and except as herein provided all of the terms
conditions of said note and of any mortgage, deed of trust securityagreementorand
encumbrance shall remain in full force and effect without impairment
k other document of lien or
parrmettt or abatement, and no right now existing
to Liberty Bank & Trust with respect thereto and the obligations represented therebyshall
terminated by virtue of the Agreement. be abridged or
EXECUTED May 30, 1995.
SCIIIMMER ENTERPRISES COMPANY
DBA PUEBLO INVESTMENTS
By: Lrtieffie .• / I'
..,-( �
on Paul Schimmel., Vicc Pre i By: '��' ``� --
President-Treasurer .en Paul Schimmer,Individual
The foregoing revision is accenresi thi* T - -
Auu rant acaimmer, Vice President-Treasu �6nrer " ' -"" "`
Paul Schimmer,Individual
r
The foregoing revision is accepted this 30th day LIBERTY BANK&TRUST
of May, 1995.
y.
<-771 '..'.-- —";:-..-------
you a A.Wingert,Vi resident
GUARANTOR'S CONSENT
The foregoing is consented to this 30th day of May, 1995_
By: ~
:nen ohn S miner
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
vZ- v--/.2_)
IF:PILIBERTY
ArialK & TRUST BAN
Member FDIC
November 9, 1995
Town of Oro Valley
11000 N. La Canada
Oro Valley, AZ 85737
RE: LETTER OF CREDIT #10-015
Dear Sirs or Madams:
By mutual agreement 'i the terms of our IRREVOCABLE STANDBY LETTER OF
CREDIT,NUMBER 10-015, dated NOVEMBER 9, 1994, for the account of
SCIBM ER ENTERPRISES ISES COMPANY, DBA PUEBLO INVESTMENTS, up tot e
aggregate ate amount of SEVENTY FIVE THOUSAND DOLLARS AND 00/100
�'
($75,000.00) are hereby amended as follows:
At the request of Schimmer Enterprises Company, dba Pueblo Investments, we hereby
extend the maturity date of our Letter of Credit#10-015 from November 9, 1995 to
August 16, 1996.
We herebywee to honor, upon presentation, all drafts drawn under and in compliance
with the terms of th.,Letter of Credit, negotiated otiated on or before 12:00 NOON, August 16,
g
1996.
All othcr terms and provisions remain unchanged.
Very Truly Yours,
LIBERTY BANK&TRUST
BY:
Douglas A. Wingert
Vice President
Attest:
LIBERTY 13ANR.& TRUST
f 1
Brian ebrand
Vice President
11211
EQUAL HOUSING
LENDER
7225 North Oracle Road 7901 East Speedway Blvd. 1171 Rancho Vistoso Blvd.
P.O.Box 35730 Tucson,Arizona 85710 Suite 101
Tucson,Arizona 85740-5730 (520)733-1000 Tucson,Arizona 85737
(520)544-4700 (520)733-1001 FAX (520)825-2600
(520)544-4706 FAX (520)825-2621 FAX
* * * *'* * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
' LIBERTY
BANK & TRUST
Member FDIC
November 7, 1995
Town of Oro Va(ieL
11000 N La Canada
Oro Valley, AZ 85737
RE: LETTER OF CREDIT#10-014
Dear Sirs or Madams:
By mutual agreement the terms of our IRREVOCABLE STANDBY LE'1TER OF
CREDIT,NUMBER 10-014, dated NOV EMBER 7, 1994, for the account of
SCHLMMER ENTERPRISES COMPANY-, DBA PUEBLO i -VESTMEN'1 S, up to the
aggregate amount of FIFTEEN THOUSAND FIVE HUNDRED DOLLARS AND
00/100 ($15,5 00.00) are hereby amended as follows:
At the request of Schimmer Enterprises Company, dba Pueblo Investments, we hereby
extend the maturity date of our Letter of Credit#10-014 from November 7, 1995 to
August 16, 1996.
We hereby agree to honor, upon presentation, all drafts drawn under and in compliance
with the,cans of the Letter of Credit, if negotiated on or before 12:00 NOON, August 16,
1996.
All other terms and provisions remain unchanged.
Very Truly Yours,
LIBERTY BANK& TRUST
iy
BY:
✓ougias -a. r L:4 V.i
Vice President
Attest:
LIBERTY BANK& TRUST
- e 1
BY: / L)--
Brian Hillebrand
Vice President
EQUAL HOUSING-
LENDER
7225 North Oracle Road 7901 East Speedway Blvd. 1171 Rancho Vistoso Blvd.
P.O.Box 35730 Tucson,Arizona 85710 Suite 101
Tucson,Arizona 85740-5 7 30 (520)733.1000 Tucson,Arizona 85737
(520)544-4700 (520)733-1001 FAX (520)825-2600
(520)544-4706 FAX (520)825-2621 FAX