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HomeMy WebLinkAboutOV129311 TOWN OF ORO VALLEY ASSURANCES, EXHIBITS, CC&RS CHECKLIST OV CASE NO: 12-93-11PROJECT NAME: SUN CITY VISTOSO UNITS 9 & 10 DATE SUBMITTAL ACCEPTED: 12/23/93 COUNCIL DATE: 1/5/94 CHECK IN (ADMINISTRATIVE ASSISTANT) THE FOLLOWING ARE REQUIRED: ASSURANCE AGREEMENT ORIGINAL: AND ONE COPY: 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&R'S (TWO COPIES) : FORWARD TO ASSURANCES COORDINATOR: COMMENT: I. ASSURANCES COORDINATOR RECEIVED: /02_ 42 l /'/ % REVIEWED:` FWD TO ZONING ADMINISTRATOR: RETURNED TO DEVELOPER: COMMENT: SIGNATURE: 1*) /47}01) II. ZONING ADMINISTRATOR RECEIVED: l REVIEWED: / XC,719(414 FWD TO TOWN ENGINEER: 5 9 RETURNED TO ASSURANCES COORDINATOR: COMMENT: SIGNATURE: x � III. TOWN ENGINEER RECEIVED: REVIEWED: ((e FWD TO ASSURANCES COORDINATOR I (,i COMMENT: 00619 ek66 7 5 B a N-"" Fi tit,C0 I HJ (f-zott, D-0 SIGNATURE: IV. ASSURANCES COORDINATOR RECEIVED: //6 COMMENTS REVIEWED: CORRECTIONS MADE: ( _ �.-E' �' _ FWD TO TOWN ATTY: RECOMMENDATIONS: SIGNATURE: pe)/9 V. TOWN ATTORNEY RECEIVED: 7' /97 REVIEWED: I 12 di V CC&RS: COMMENT: ASSURANCES: COMMENT: SIGNATURE: z �/ APPROVED: DENIED: VI. TOWN CLERK RECEIVED: REVIEWED: COMMENT: DOCUMENTS RECORDED 3 3 ASSURANCES: NO: 4 CC&RS: RESTORATION BOND: NO: SIGNATURE: RECEIVED WHEN RECORDED - RETURN TO: 13 '93 Del Webb Communities, Inc. RIG 2231 E. Camelback Rd., Suite 400 alley Phoenix, AZ 85016 Town ot Oro Va y Attn: Mary S. Alexander TRACT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SUN CITY VISTOSO THIS DECLARATION, made on this day of , 199 , by FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation as Trustee, and by DEL WEBB COMMUNITIES, INC., an Arizona corporation and DEL WEBB HOME CONSTRUCTION, INC., an Arizona corporation, hereinafter collectively referred to as "Declarant." WITNESSETH: WHEREAS, Del Webb Home Construction, Inc. is the equitable titleholder and Del Webb Communities, Inc. is the "Optionee" of certain property in the County of Pima, State of Arizona, which is more particularly described as: Lots through and Common Area shown on Sun City Vistoso, Unit , a subdivision recorded at Book , Page of Maps and Plats, in the office of the Pima County, Arizona Recorder. Said above-described real property shall hereinafter be referred to as the "Properties." WHEREAS, Declarant did, on the 24th day of March, 1987, cause to be recorded in the office of Pima County, Arizona Recorder, in Docket 7998, Pages 1546-1636, a Sun City Vistoso Amended and Restated Declaration of Covenants, Conditions,Restrictions,Assessments, Charges, Servitudes, Liens, Reservations and Easements (hereinafter referred to as the "Master Declaration"), pertaining to certain specifically described property located within Pima County, Arizona as designated therein; and WHEREAS, said Master Declaration is expressly applicable to such specific portions of Sun City Vistoso as are developed and subdivided into Lots and Parcels pursuant to the provisions of Article II thereof, and to the permanent improvements thereon; and to the permanent improvements thereon; and WHEREAS, Declarant desires, hereby, to subject the above-described Properties to said Master Declaration. NOW, THEREFORE, Declarant, declares that the aforesaid Properties, together with the permanent improvements thereon, are hereby subjected to the aforesaid Master Declaration and are henceforth to be considered part and parcel of the Project known as Sun City Vistoso as therein described; and Declarant, as Owner of the Properties herein described, for and on behalf of its self, its trustees, personal representatives, successors and assigns, covenants and agrees that the Properties are subject to all of the provisions of the Master Declaration, including but not limited to the provisions for mandatory membership in the Sun City Vistoso Community Association and the Annual and Special Assessments and Maintenance Charges imposed pursuant to said Master Declaration. Declarant further declares that this Tract Declaration and the Master Declaration are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of Sun City Vistoso and are established for the purpose of enhancing and perfecting the value, desirability and attractiveness of Sun City Vistoso and every part thereof. FURTHER,. Declarant hereby declares that in addition to the foregoing, all of the Properties described herein shall be held, sold and conveyed subject to the following easements, restrictions,.covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any rights, title or interest therein or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS Section 1. "Annual Assessment" shall mean the charge levied and assessed each year against each Lot, pursuant to Article VII, Section 2 of the Master Declaration. Section 2. "Architectural Review Committee" shall mean the committee of the Sun City Vistoso Community Association to be created pursuant to Article XI of the Master Declaration. Section 3. "Articles" shall mean the Articles of Incorporation of the Community Association as the same may from time to time be amended or supplemented. Section 4. "Common Area" shall mean the common area, included within the Properties, as designated upon the Plat, and shall be owned by the Community Association and managed in accordance with the Master Declaration. Section 5. "Community Association" and/or "Master Association" shall mean and refer to the Sun City Vistoso Community Association, Inc., an Arizona non-profit corporation. Section 6. "Declarant" shall mean First American Title Insurance Company as Trustee, Del Webb Communities, Inc., an Arizona corporation and Del Webb Home Construction, Inc., an Arizona corporation, and any successors or assigns of Del Webb Communities, Inc., an Arizona corporation, but, for purposes of the foregoing, no individual, corporation, trust, partnership or other entity who or which has purchased property within the Properties from Declarant, or whose title to such property is derived from a person who has purchased such property from Declarant, shall be deemed to be a successor or assign of Declarant unless Declarant's rights have been specifically assigned by recorded instrument. Section 7. "Declaration" or "Tract Declaration" shall mean this Tract Declaration of Covenants, Conditions and Restrictions as amended or supplemented from time to time. Section 8. "Deed" shall mean a deed or other instrument conveying the fee simple title in a "Lot." Section 9. "Developer" shall mean and refer to Del Webb Communities, Inc., and its successors and assigns as more specifically set forth in Section 6 above. Section 10. "Dwelling Unit" shall mean and refer to a single family home, including the appurtenant garage, constructed by Developer upon a Lot designed and intended for use and occupancy as a Residence by a Single Family. Section 11. "Government Mortgage Agency" shall mean the Federal Housing Administration, the Veterans Administration, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association or the Federal National Mortgage Association or any similar entity, public or private, authorized, approved or sponsored by any governmental agency to insure, guaranty, make or purchase mortgage loans. Section 12. "Lot" shall mean and refer to the numbered residential Lot shown upon a recorded subdivision map of the Properties, together with all appurtenances, improvements, and Dwelling Units now or hereafter built or placed thereon. Section 13. "Master Association" shall mean and refer to the Community Association defined herein. Section 14. "Master Declaration" shall mean and refer to the Sun City Vistoso Amended and Restated Declaration of Covenants, Conditions, Restrictions, Assessments, Charges, - 3 - Servitudes, Liens, Reservations and Easements, which has been executed by Declarant and recorded in the office of the Pima County Recorder. Section 15. "Occupant" shall mean any person, other than an Owner, legally in possession of a Lot. Section 16. "Owner" shall mean the record holder of legal title to the fee simple interest in any Lot including contract sellers, but excluding others who hold such title merely as security. In the case of Lots, the fee simple title to which are vested of record in a trustee, legal title shall be deemed to be in the trustor. An Owner shall include any person who holds record title to a Lot in joint ownership with any other person or holds an undivided fee interest in any Lot. Section 17. "Plat" or "Subdivision Plat" shall mean the Plat of the real estate subject to this Tract Declaration recorded as per page one (1) of this Declaration. Section 18. "Project" shall mean and refer to the entire development subject to the Master Declaration which is commonly known as Sun City Vistoso and Sun City Tucson. Section 19. "Properties" shall mean and refer to that certain real property hereinbefore described as subject to this Tract Declaration. Section 20. "Residence" shall mean a Dwelling Unit which is occupied as a dwelling by a Single Family. Section 21. "Single Family" shall mean a group of one (1) or more persons each related to the other by blood, marriage or legal adoption, or a group of not more than three (3) persons not all so related, who maintain a common household in a or Residence. Section 22. "Special Assessment" shall mean any assessment levied and assessed pursuant to Article VII, Section 6 of the Master Declaration. ARTICLE II AGE RESTRICTION Each Dwelling Unit covered by this Tract Declaration, if occupied, shall be occupied by at least one (1) person who is Fifty-Five (55) years of age or older and no person under nineteen (19) years of age shall reside in any Dwelling Unit for a period of time exceeding ninety (90) days in any calendar year. Applicable Federal and State law, requires that at no time shall less than eighty percent (80%) of the Residences shall be occupied by Single Families where at least one (1) member of the Single Family is Fifty-Five (55) years of age or older. - 4 - ARTICLE III NATURAL OPEN SPACES The Common Area designates natural open spaces or areas required to be kept undeveloped and in their open and natural state with the exception of some additions to landscaping and any irrigation thereof, trails and rest areas as originally provided by the Declarant. The Common Area herein described shall be for the benefit of Sun City Vistoso, shall be conveyed to the Community Association and shall be subject to the provisions relating thereto as set forth in the Master Declaration. During its ownership, the Community Association shall pay all properly assessed ad valorem taxes on the Common Area. The Common Area shall remain natural, open and undeveloped beyond those improvements originally installed by Declarant unless and until prior approval for any changes in the use thereof shall be obtained from the appropriate govern- mental authority. No structures of any kind, other than as installed by Declarant, if any, shall be placed or constructed on the Common Area covered by this Tract Declaration. ARTICLE IV RETAINING WALLS Certain Lots shall include retaining walls as initially installed by Declarant, and the Owners of such.Lots shall be required to maintain at such Owners' expense, the retaining walls located entirely within their Lot boundaries. No Owner shall allow a retaining wall located upon his Lot to be removed or to fall into disrepair. Owners are prohibited from increasing the height or otherwise adding to or altering retaining walls in any way, unless specifically permitted in the Sun City Vistoso Development Standards, and all such additions or alterations shall be subject to the prior approval of the Architectural Review Committee. Each Owner having a retaining wall located adjacent to a neighboring Lot shall have an access easement upon the adjacent Lot bordering the retaining wall to the limited extent necessary to perform the maintenance work required herein. Owners of Lots with higher grade levels that are adjacent to Lots upon which retaining walls have been constructed to accommodate a grade differential at the side or at the rear may be prohibited from installing side or rear yard walls, or other structures, that would otherwise be permitted under the Master Declaration, and all such walls, or other structures, if permitted, shall be subject to prior approval of the Architectural Review Committee and shall require compliance with engineering criteria established by the Town or Oro Valley. - 5 - ARTICLE V EASEMENTS Section 1. Easement for Encroachment and Overhangs. If any portion of a Dwelling Unit encroaches upon or overhangs the Common Area, or upon any adjoining Lot, or any structure located on the Common Area encroaches upon or overhangs any Lot or Dwelling Unit including any future encroachments or overhangs arising or resulting from the repair or reconstruction of a Dwelling Unit subsequent to its damage, destruction, or condemnation there shall be deemed to be mutual easements in favor of the Owners involved and the Community Association to the extent of such encroachment or overhang so long as the same shall exist, provided that such easement shall not result from any alteration, addition or improvement made by an Owner except Declarant without prior written approval of the Architectural Review Committee. A valid easement shall and does exist on the surface, for subsurface support below such surface and for overhangs, and for the maintenance of same so long as it exists. Section 2. Utility Easement. There is hereby created a blanket easement upon, across, over, and under the Properties for utilities and for the installation, replacement, repair, and maintenance of utilities, including, but not limited to water, sewer, gas, telephone, electricity, and master and cable,television antenna systems, if any, provided that said easement shall be limited to public utilities providing utility services to the Properties or to the Project and shall not extend beyond, across, over, or under any Dwelling Unit located on any Lot. By virtue of this easement, it shall be expressly permissible to erect and maintain the necessary facilities, equipment, and appurtenances on the Properties and to affix, repair, and maintain water, sewer and gas pipes, electric, telephone and television wires, circuits, conduits and meters. Notwithstanding anything to the contrary contained in this section, no sewer, electric, water or gas lines or other utilities or service lines may be installed or relocated on the Properties except as initially planned and approved by Declarant or thereafter approved by Declarant. This easement shall in no way affect any other recorded easements on the Properties. Section 3. Drainage Easement. There is hereby created a ten (10) foot wide easement, being five (5) feet in width on each side of a side Lot line on each Lot for the purpose of providing incidental drainage from each Lot and each adjacent Lot. Owners of Lots are expressly prohibited from doing any site work or landscaping which would adversely impact or alter the grade or topography of each Lot in this easement area as initially developed by Declarant. Any boundary fence or wall constructed within this easement must have the prior approval of the - 6 - Architectural Review Committee and must be built so as not to impede the drainage within the easement area. This easement is provided for the express purpose of receiving the drainage from each adjacent Lot within the subdivision. A typical side standard drainage easement as described in this Section is shown on Exhibit "A" attached hereto and incorporated herein by reference. ARTICLE VI LANDSCAPING AND MAINTENANCE All landscaping of Lots covered by this Tract Declaration and not already landscaped by Declarant, shall be in accordance with the Sun City Vistoso Development Standards as established by the Architectural Review Committee of the Master Association. The theme for landscaping shall emphasize planting and other features which will compliment and enhance the native, existing character of the Sun City Vistoso area. Certain plantings will be prohibited as defined by the Sun City Vistoso Development Standards, and others may be further prohibited by local governmental regulations. Each Owner shall, within ninety (90) days from close of the purchase of said Owner's Lot substantially complete all landscaping of the Lot. Approved landscaping after installation will be maintained as required to provide a neat and attractive appearance. Removal of dead bushes and trees and removal of trash and debris will be accomplished as required to this effect. The Architectural Review Committee will be the sole and final judge as to whether or not landscaping after installation has met the approved criteria and whether or not it is, at any given time, maintained properly to the standards established by this Tract Declaration, the Master Declaration and the Development Standards. ARTICLE VII ARCHITECTURAL CONTROL Architectural Control over all improvements to Lots and Common Areas covered by this Tract Declaration, as well as the exterior appearance of all Dwelling Units constructed upon the Properties is vested in the Community Association by virtue of the Master Declaration. All Owners are subject to the Architectural Control provisions of the Master Declaration in their entirety. ARTICLE VIII GENERAL PROVISIONS Section I. Conflict of Provisions. In case of any conflict between this Tract Declaration and the Master Declaration, with the express exception of Article II hereof, the Master Declara- tion shall control. With regard to the age restriction contained in Article II hereof, the age - 7 - restriction of this Article II shall control and supersede the age restriction contained in the Master Declaration. Section 2. Rights of Declarant Incident to Construction Easement. An easement is hereby retained by and granted to Declarant, its successors and assigns, for access, ingress, and egress over, in, upon, under, and across the Properties, including but not limited to the right to store materials thereon and to make such other use thereof as may be reasonable, necessary, or inci- dental to Declarant's constructions on the Properties; provided, however, that no such rights or easements shall be exercised by Declarant in such a manner as to unreasonably interfere with the occupancy, use, enjoyment, or access by any Owner, his family members, guests, or invitees, to or from that Owner's Lot. This easement shall terminate immediately upon completion of construction by Declarant of the last Dwelling Unit to be constructed upon the Properties. Section 3. Terms; Method of Termination. This Tract Declaration shall be effective upon the date of recordation hereof, and, as amended from time to time, shall continue in full force and effect for a term of twenty-five (25) years from the date this Tract Declaration is recorded. From and after said date, this Tract Declaration, shall be automatically extended for successive periods of ten (10) years each, unless there is an affirmative vote to terminate the Master Declaration by the then members casting ninety percent (90%) of the total votes cast and election held for such purpose within six (6) months prior to the expiration of the initial effective period hereof or any ten (10) year extension. In the event there is an affirmative vote to terminate the Master Declaration as aforestated, this Tract Declaration shall likewise terminate in the same manner and pursuant to the same requirements as set forth in the Master Declaration. Section 4. Amendments. (a) No amendment of this Tract Declaration may be made which in any way conflicts with, abrogates or nullifies any of the provisions of the Master Declaration unless said Master Declaration is similarly amended. (b) As long as there is a Class B vote pursuant to the provisions of the Master Declaration, this Declaration may be amended by obtaining approval by fifty-one percent (51%) or more of each class of Owners of Lots within the subdivision provided that there shall also be full compliance with all other provisions hereof. (c) When there is no longer a Class B vote as set forth in the Master Declaration, this Declaration may be amended by obtaining approval by a bare majority of the Owners of Lots covered by this Declaration. Any amendment pursuant to subsections (b) or (c) - g - of this section shall be recorded with the County Recorder of Pima County, Arizona, along with a Certificate of Amendment certifying the percentage of the vote taken which authorize the amendment. The Certificate of Amendment shall set forth in full the amend- ment adopted, and, except as provided in subsection (d) below, shall certify that the applicable percentage of Owners of Lots covered by this Declaration voted affirmatively for the adoption of the amendment. Notwithstanding the foregoing provisions, the percentage of the voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed for action to be taken under that clause or provision. (d) Right of Amendment if Requested by Governmental Agency, Governmental Mortgage Agency or Federally Chartered Lending Institutions. (i) Anything in this Article to the contrary notwithstanding, Declarant reserves the right to amend all or any part of this Declaration to such an extent and with such language as may be requested by Governmental Mortgage Agencies and to further amend to the extent requested by any other federal, state or local govern- mental agency which requests such an amendment as a condition precedent to such agency's approval of this Declaration, or by any federally chartered lending institution as a condition precedent to lending funds upon the security of any Lot(s). Any such amendment shall be effected by the recordation, by Declarant, of a Certificate of Amendment duly signed by or on behalf of the authorized agents, or authorized officers of Declarant, as applicable, with their signatures acknowledged, specifying the Governmental Mortgage Agency, the federal, state or local govern- mental agency or the federally chartered lending institution requesting the amendment and setting forth the amendatory language requested by such agency or institution. Recordation of such a Certificate shall be deemed conclusive proof of the agency's or institution's request for such an amendment, and such Certificate, when recorded, shall be binding upon all Lots covered by this Declaration and all persons having an interest therein. (ii) It is the desire of Declarant to retain control of Sun City Vistoso during the anticipated period of planning and development. If any amendment requested pursuant to the provisions of this section deletes, diminishes or alters such control, Declarant shall have the right to prepare, provide for and adopt as an amendment - 9 - hereto, other and different control provisions. Except as provided in this subsection (d), Declarant shall not have any right to amend this Declaration otherwise than in accordance with and pursuant to the provisions of subsections (b), (c) and (d) of this Article. Section 5. Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforce- ability of any of the other provisions hereof. Section 6. Rule Against Perpetuities. If any interest purported to be created by this Declaration is challenged under the Rule against Perpetuities or any related rule, the interest shall be construed as becoming void and of no effect as of the end of the applicable period of perpetuities computed from the date when the period of perpetuities starts to run on the chal- lenged interest; the "lives in being" for computing the period of perpetuities shall be (a) those which would be used in determining the validity of the challenged interest, plus (b) those of the issue of the Board of Sun City Vistoso Community Association, Inc., who are living at the time the period of perpetuities starts to run on the challenged interest. Section 7. References to the Covenants in Deeds. Deeds to and instruments affecting any Lot or Parcel or any part of Sun City Vistoso may contain the covenants herein set forth by 'reference to this Declaration; but regardless of whether any such reference is made in any Deed or instrument, each and all of the covenants shall be binding upon the grantee-owner or other person claiming through any instrument and his heirs, executors, administrators, successors and assigns. Section 8. Successors and Assigns of Declarant. Any reference in this Declaration to Declarant shall include any successors or assignees of Declarant's rights and powers hereunder. Section 9. Gender and Number. Wherever the context of this Declaration so requires, words used in the masculine gender shall include the feminine and neuter genders; words used in the neuter gender shall include the masculine and feminine genders; words in the singular shall include the plural; and words in the plural shall include the singular. Section 10. Captions and Titles. All captions, titles or headings of the Articles and Sections in this Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. - 10 - Section 11. Notices. Unless written notice of any action or proposed action is required by virtue of this Declaration, the Articles or Bylaws, notice of any action or proposed action by the Board or any Committee or of any meeting to be given to any Owner, lessee or resident, said notice shall be deemed satisfied if notice of such action or meeting is published once in any newspaper in general circulation within the County of Pima or Sun City Vistoso and posted on Association bulletin boards within the community. Each Owner shall register his mailing address with the Association, and all other written notices shall be addressed in the name of the Owner at such registered mailing address. All notices, demands, or other notices intended to be served upon the Board or the Association shall be sent by Certified Mail, postage prepaid, to the business office of the Association. This section shall not be construed to require that any notice be given if not otherwise required and shall prohibit satisfaction of any notice required in any other manner. IN WITNESS WHEREOF, Declarant has hereunto caused its name to be signed by the signatures of its duly authorized officials as of the day and year first above written. FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation as Trustee under Trust No. 4203 By: Its: STATE OF ARIZONA) )ss. County of Pima ) On this day of , 199 personally appeared before me, a Notary Public, known to me to be the of FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation as Trustee under Trust No. 4203. My Commission Expires: Notary Public lmc:\documenttc;c&Nformscv 1.blk)\scv*.doc - 1 1 - REQUEST The undersigned Beneficiary has requested said Trustee to execute and issue this Declaration of Covenants, Conditions and Restrictions, Sun City Vistoso for the purposes herein set forth. DATED this day of , 199 DEL WEBB HOME CONSTRUCTION, INC., an Arizona corporation By: Mary S. Alexander Its:Vice President STATE OF ARIZONA) )ss. County of Maricopa ) On this day of , 199 , Mary S. Alexander personally appeared before me, a Notary Public, known to me to be the Vice President of DEL WEBB HOME CONSTRUCTION, INC., an Arizona corporation, as Beneficiary. My Commission Expires: Notary Public I mc:'documentkac&?'4 formscv 1.hlk)\scv*.doc - 12 - CONSENT The undersigned Optionee has consented to the execution and issuance by Trustee of this Declaration of Covenants, Conditions.and Restrictions, Sun City Vistoso for the purposes herein set forth. DATED this day of , 199 DEL WEBB COMMUNITIES, INC., an Arizona corporation By: Mary S. Alexander Its:Vice President STATE OF ARIZONA) )ss. County of Maricopa ) On this day of , 199 , Mary S. Alexander personally appeared before me, a Notary Public, known to me to be the Vice President of DEL WEBB COMMUNITIES, INC., an Arizona corporation, as Optionee. My Commission Expires: Notary Public lilac:'document\cc&r\(formscv l.blk)\scv#.doc - 13 - MEMORANDUM TO: Shirley Gay DATE: Thursday, June 25, 1998 FROM: Steven Faaborg, Civil Engineering Technician SU BJ: Restoration bond release for Sun City Vistoso Units 9 & 10 OV12-93-11 I have reviewed Sun City Vistoso Units 9 & 10 with regard to the release of the restoration bond. The Department of Public rks has no objection to the full release of this restoration b d in the a nt of $28,028. even Faab rg, Civil En • ering Technician .,..A.._._ -- ,.�.... .N .+Ml�w.fN,..wr+u... _..-....._.«,.. .y,,, ,,............w.»....ww•«.. r+rrMw....r wiAA d) VV'D C3C k • inscqhico C�G30Up 17780 Fitch, Irvine, CA 92714 (714) 263-3300 • FAX: (714) 252-1955 SURETY COMPANY SUBDIVISION STATUS INQUIRY 06-17-1998 DATE TOWN OF ORO VALLEY 11000 N LA CANADA 165587S BOND NUMBER ORO VALLEY AZ 85737 DEVELOPERS INSURANCE COMPANY COMPANY SUBDIVIDER: DEL WEBB HOME CONSTRUCTION INC TRACT: UNIT 9 & 10 DESCRIPTION OF RESEEDING BOND FOR UNIT 9 & 10 SUN CITY TUCSON WORK WORK TO BE COMPLETED: BOND AMOUNT: EFFECTIVE DATE: 28 , 028 . 00 28 , 028 . 00 6-09-1994 $ I $ WITHOUT PREJUDICING YOUR RIGHTS OR AFFECTING OUR LIABILITY UNDER OUR BOND DESCRIBED ABOVE,WE WOULD APPRECIATE THE FOLLOWING INFORMATION. VERY TRULY YOURS, 0400 RC 40021 THE INSCO/DICO GROUP BY SERVICE DEPARTMENT 1. IF THE BONDED IMPROVEMENTS HAVE BEEN COMPLETED, PLEASE STATE: Approximate date of acceptance of work ATTACH copy of minutes, if possible. 2. IF THE BONDED IMPROVEMENTS ARE NOT COMPLETED, PLEASE STATE: Approximate dollar amount or percentage of work completed$ Anticipated date of completion 3. Are you aware of any unpaid bills for labor or material, stop notices or mechanics liens? (check) YES 0 NO `r_ If yes, please give details. 4. Remarks/Comments: Signature�� � " 'a�i\O Title/Dept. � Print Name � '`�� �� �ZO- � Q� Telephone No. 1 O/1411111k1:7 JP``EYOQ FAX TRANSMITTAL OuNDED A91 TOWN OF ORO VALLEY 11,000 N. La Canada Drive Oro Valley, AZ 85737 FAX (520)297-0428 DATE• �, _ . t � • TIME: TO: �- -� COMPANY: FAX #: FROM: Number of pages including cover Hard copy to follow by mail [ ] yes [ ] no If you do not receive all pages please call at MESSAGE Administration 297-2591 Legal 297-5222 Magistrate Court 297-3205 Planning & Zoning and Building Codes 797-9797 ire v1 1 �V CJ_�•..-t 11CL LxJCDD JL 1 l,-.U0cL,?ODU • -�� or Acordia or Arizona 3020 F.Czrnelback Rd..Su1Le 200 -n INVOICE Phoenix.AZ$50 i 6-Us00 , ,��,�-,C- Tel:t;021 3E i-211 0 (t 00(729-929 INVOICE DATE NUMBER Fax: (6021 381.2929 2/28/96 263042 GIs? !_ Webb Corporation ASSURED NUMBER Rv PRODUCER a t t: Joyce H i nch l i f to 01--705081---000 0130--9200 P.O. Box 29040 1 Phoenix* AZ 85038 Bond Department DETACH THIS PORTION AND RETURN WITH REMITTANCE TTRANSACTION DATE POLICY NUMBER INSURANCE COMPANY }EFFECTIVE DATE EXPIRATION DATE 2/04/96 35M801588 Lou Jones &. Associates 2/04/96 2/04/97 DESCRIPTION(REFER TO POLICY!BINDER FOR DETAILS) AMOUNT RENEWAL Subdivision Bond PREMIUM ?7)0.00 5+�`t0'1co . I . 6 /o.61z) 6-010o0. 1;6 0Y-4/ rio.n . , . , DEL WEBB HOME L'ONST. $5 �..,.., 000 {'OWN OF ORO VALLEY SC TUCSON. UNIT 9 & 10. PREMIUM DUE ASAP. IF RELEASED SOON PRO--RATA CREDIT WILL BE APPLIED. THX. • - A[O ENT $`??0.00 Inv 0263042 _ One of the Acordiu cumpun )41// 1 ° • • • • TOTAL P.02 • RIDER BOND NUMBER -DEVELOPERS INSURANCE COMPANY 177_80 FITCH SUITE 20_0 IRVINE CA 92614 DATE OF OTICE BOND NUMBER TYPE OF BOND 08-19-96 165587S SUBDIVISION IMPROV . Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. 0 TOWN OF ORO VALLEY I 11000 N . LA CANADA G ORO VALLEY AZ 85737 E Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective This Rider is on behalf of 6-0 9—9 6 DEL WEBB HOME CONSTRUCTION , IN and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND AMOUNT TO READ : $38 , 182 . 00 Provided, however, that the liability of the p company under the attached bond as changed R by this order shall not be cumulative. 0 U ACORDIA OF PHOENIX INC Signed this day of C DBA ACORDIA OF ARIZONA 19 AUGUST 199 R 3020 E . CAMELBACK ROAD #200 PHOENIX AZ 85016By ck � �-~- i /- Attornern-Fact OBLIGEE COPY �`— -SHERIE� 11.15C�ICp L. BELL Ir15Ct bico -ROUP •.v•r s. v.!'v��..•+V. Yt-v. v+v+ w..a,.".T-..,.•ww�+x....-,:.:npy/Itp� `+,�Rs-...�..+.5InK�l1... -•... -- _ ,r^f.— SS. Fe Fly i. F �a e,, fe, rti yr - t r' o• T 7,: f�.. 9 l. COUNTY OFORANGE .:�•��. . .,�r-a.., ,. � ;,..; On June 14,1995,before me,C.V.Brink,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ca ac ies and that byhis/her/their signature(s)on the instrument the P NYC ). person(s),or the entity upon behalf of which the person(s)acted,executed the instrument _ t WITNESS my hand and official seal.• 4 �sa'` !� C.V. BRINK Signature ! NOTARY PUBLIC-CAUFORNIAo • CIFIATlGc COU COUNTY � My Comm.Exp. Aug.21.1498 • CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 19 day of AUGUST ,199 6 . (INDEMNITY COMPANY OF CAUFORNIA -DEVELOPERS INSURANCE COMPANY SPAY ,OSUR44, 2 ��9r V� f � By (6. z— OCT.5 o T By — MAR.27 O 1967 u� 1979 L.C.Fiebi er o P ?a L.C.Fiebi er ? Senior Vice President `�� �FnaN�.�� Senior Vice President O q vJ llcnae. JP0-EY AR/� 0QO 02 TOWN OF ORO VALLEY 4 ►► 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 .� Administrative Offices(520)297-2591 Fax(520)297-0428 A A A bl °UNDEO�g'l August 1, 1996 Virginia L. Heil Bonds/Professional Liability Acordia of Arizona 3020 E. Camelback, Suite 200 Phoenix, AZ 85016 RE: Performance Bond #165587S - $56,400 Del Webb Home Construction, Inc. Dear Virginia, The Town of Oro Valley is authorizing the reduction of the Landscaping Bond for Sun City Vistoso Units 9 & 10 in the amount of $18,218. This leaves a balance of $38,182. Sincerely, Mary Jo Peterson Assurances Coordinator Approved: Manny Padilla, Zoning Inspector/i1 ��� Gam' ,(J jjuli _ - + 13:42 FROM DEL WLitt 1 b322971J+ ; / -93 / PER QRI1 10E BOND Bond No. 16558 7 S Premium $564.00 Two Yoars maw ALL MEN BY THESE PRESENTS: That we ))EL WEBS HOME CONSTRUCTION, ITC. , hereinafter called Principal, as Principal, and DeelqPer_s Znu uran_ce _ola 'Y A Corporation organized and existing under the :haws of the : irate of California and authorized to transact business in the L;tate of Arizona, hereinafter called Surety, as Surety, are held and firmly bound unto TOWN OF ORO VALLEY hereinafter called Obligee, as Obligee, in the penal sum of "FIFri' Sly 11() J3 ►ND FOIIR NimnRFn AND 00a(x} Dollars $ (_ **56.400_O0 good and lawful money of the United States of America, for the payment (;).: which, well and truly to be made, we bind ourselves, our heir4� administrators, executors, successors, and assigns, jointly and severally: firmly by these presents. SIGNED, SEALED AND DATED THIS 9th DAY OF E 9 t�i4 . ,l Whereas the above-bound Principal has entered into a certain permit witli tk above named Obligee for the purpose of restoring land to its natural tstate .x U &_00 SUN_CITY TUCSON the eventthe development or subdivision is abandoned as specif led i t e io . 4-902 of the Town of Oro Valley Codes. Now therefore, the condition of the above obligation is such, that Principal shall well and truly perform its obligations under this Permit zo.; the period of three years ending .CONTINUOUS UNTIL RELEASEand faithfully ohrservw: and honestly comply with such Permit as requires the execution of thin boned, then this obligation shall become void and of no effect, otherwise to be and remain in full force and virtue. Del Webb Home Construction, Inc. pel,Eglopers Insurance Coin air. Suret BY: �..� BY: iC. Patrick Demps , Virginia 7 il, At' , ney-Xn-Faci. Assistant Treasurer AGENT OF RECORD: Acordia of Arizona 3020 East Camelback, Suite 200 Phoenix, Arizona 85016-4838 (602) 381-2800 TOTAL P.03 x r O -a. O ° TOWN OF ORO VALLEY } . 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 Administrative Offices(520)297-2591 Fax(520)297-0428 °UN D ED July 23, 1998 Del Webb Communities Attn: Pat Pitman 1565 E. Rancho Vistoso Blvd. Oro Valley, AZ 85737 RE: Release of Assurances for: OV 12-94-19 Sun City Vistoso Unit 13 Landscaping OV 12-91-5A Sun City Vistoso Unit 12 Landscaping OV12-93-11 Sun City Vistoso Unit 9 & 10 Landscaping The Town of Oro Valley has authorized the release of the above landscaping assurances. Sincerely, Shirley Gay Assurance Clerk . -de--.a.-. .'c-/-7/ PERFORMANCE BOND Bond No. 165587S Premium $564.00 Two Years KNOW ALL MEN BY THESE PRESENTS: That we DEL WEBB HOME CONSTRUCTION, INC. , hereinafter called Principal, as Principal, and Developers Insurance Company , A Corporation organized and existing under the laws of the State of California and authorized to transact business in the State of Arizona, hereinafter called Surety, as Surety, are held and firmly bound unto TOWN OF ORO VALLEY hereinafter called Obligee, as Obligee, in the penal sum of FIFTY SIX THOUSAND FOUR HUNDRED AND 00/100** Dollars $ ( 56.400.00** good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DATED THIS 9th DAY OF JUNE 19 94 . Whereas the above-bound Principal has entered into a certain permit with the above named Obligee for the purpose of restoring land to its natural state in UNIT 9 & 10 SUN CITY TUCSON the event the development or subdivision is abandoned as specified in Section 4-902 of the Town of Oro Valley Codes. Now therefore, the condition of the above obligation is such, that if Principal shall well and truly perform its obligations under this Permit for the period of three years ending CONTINUOUS UNTIL RELEASE1Ind faithfully observe and honestly comply with such Permit as requires the execution of this bond, then this obligation shall become void and of no effect, otherwise to be and remain in full force and virtue. Del Webb Home Construction, Inc. Developers Insurance Company Suret • BY: >,,° -dL/ BY: C. Patrick Demps- • Virginia il, At ney-In-Facet Assistant Treasurer ?;� Ale AGENT OF RECORD: ' -,f, t` , 1 `', `,. 111 Acordia of Arizona 3020 East Camelback, Suite 200 Phoenix, Arizona 85016-4838 (602) 381-2800 pv i2 - ;/ PERFORMANCE BOND Bond No, 3SM 801 588 00 PREMIUM $550.00 TWO YEARS KNOW ALL MEN BY THESE PRESENTS: That we DEL WEBB HOME CONSTRUCTION, INC. hereinafter called Principal, as Principal, and American Motorists Insurance Company , A Corporation organized and existing under the laws of the State of Illinois and authorized to transact business in the State of Arizona, hereinafter called Surety, as Surety, are held and firmly bound unto TOWN OF ORO VALLEY hereinafter called Obliggee as Obligee, in the penal sum of FIFTY FIVE THOUSAND AND 00/10a4 " - Dollars $ ( SS, . good and lawful money of the United States of America, for the a ent of which, well and truly to be made, we bind ourselves, P administrators, executors, successors, and assigns, our heirs,f firmly by these presents. jointly and severally, SIGNED, SEALED AND DATED THIS 4TH DAY OF FEBRUARY 19 94 . Whereas the above-bound Principal has entered into a certain permit with the above named Obligee for the g purpose of restoring land to its natural state in .,C,O _ I I T 9_&_14O TUC SON, AR I7,ORA the event the development or subdivision is abandoned ass specified 4-902 of the Town of Oro Valley Codes. p ified in Section N'?w therefore, the condition of the above obligation is such, that Principal shall well and truly perform its obligations under if the period of two years endingg this Permit for FFBRUARY � 199E and faithfully observe and honestly comply with such Permit as requires the execution of then this obligation shall become void and of no a this bond, remain in full force and virtue. effect otherwise to be and Del Webb Home Construction, Inc. American Motorists Insu rance Company Surat, A BY: _ Br• 47/ C. Patrick Demp y, As istant Treasurer Willi .T. upper Attorney—In—Fact AGENT OF RECORD: ACORDIA OF ARIZONA 3020 E. CAMELBACX RD. #200 PHOENIX, AZ 85016 4 worm mama amain AMERICAN MOTORISTS INSI:RANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William J. Shupper of Los Angeles, California******** its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1994, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE MILLION DOLLARS ($5,000,000.00) AAAAAAAAAAAAAAAAAAAAAAAAAAAAAA EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1994. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY ����// � s\`•ram 40;1_ S: F.C.McCullough, Secretary by J.S.Kemper,III,Senior Vice President (OVER) INTER-OFFICE MEMORANDUM TO: File FROM: Russell Wise, CE Technician DATE: November 29, 1993 SUBJ: Restoration/Revegetation calculations for Sun City Vistoso, OV12-93-11, Grading Plan Discussion: Gross Area of Subdivision 79 . 97 Ac . Net area of Subdivision 62 . 22 Ac . Calculation: ACRES (Ac. ) COST/Ac . TOTAL HYDROSEEDING 3 . 2 $3 , 000 $9, 600 . 00 RESEEDING 59 . 02 $300 $17 . 700 . 00 TREES & CACTI 62 . 22 $275 $17, 110 . 00 SUB-TOTAL $44 , 410 . 00 120% $53 , 292 . 60 TOTAL AMOUNT OF BOND $55, 000 •1P.'`EY I 1 I OZ O TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 Administrative Offices(520)297-2591 Fax(520)297-0428 °UN DEO August 1, 1996 Virginia L. Heil Bonds/Professional Liability Acordia of Arizona 3020 E. Camelback, Suite 200 Phoenix, AZ 85016 RE: Performance Bond #165587S - $56,400 Del Webb Home Construction, Inc. Dear Virginia, The Town of Oro Valley is authorizing the reduction of the Landscaping Bond for Sun City Vistoso Units 9 & 10 in the amount of $18,218. This leaves a balance of $38,182. Sincerely, Mary Jo Peterson Assurances Coordinator Approved: Manny Padilla, Zoning Inspectorjl • F. ANN RODR I GUEZ, RECORDERDOCKET: RECORDED BY: RE J f° 11- t") 951 : PAGE:DE.PU1�Y RECORDER / 1;.'97 _.,:..,.� NO. OF PAGES:: 9 i..�.:_3 f RD 1 4 SEQUENCE: 941 18039 SOROV TOWN OF ORO VALLEY rjzo14 94 ASSAU 14:54:00 11000 N LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 6. 00 TOWN OF ORO VALLEY ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS .06 BY THIS AGREEMENT made and entered into the <5 - day of , 1993 between Del Webb Home Construction Inc. , an /Arizona corporation, as Beneficiary under Trust No.4203 (referred to in this Agreement as "Subdivider" ) ;First American Title Insurance Company, a California corporation, as Trustee under Trust No.4203 (referred to in this Agreement as "Trustee" ) ; and the TOWN OF ORO VALLEY, a municipal corporation, (referred to in this Agreement as "Town" ) , hereby confirm and agree as follows: 1 . 01 Trustee, pursuant to the land trust agreement described in Exhibit "B" is the owner of a certain parcel of land described in Exhibit "A" , which is located in the Town of Oro Valley, Pima County, Arizona. 1 . 02 The parties to this Agreement wish to establish specific terms, conditions and guidelines for compliances with the provisions of ARS Section 9-463 . 01 (C) (8) and Chapter 4, Article 4-9 of the Oro Valley Zoning Code Revised. II AGREEMENT 1. 03 . In consideration of the Town approving a final plat for the property described in Exhibit "A" , commonly referred to as Subdivision Name Sun City Vistoso Unit 9 , Lots 1 through 157 and Common Area A, Oro Valley Case No.0v12-93-11 , 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 "A" , which is annexed to and made a part of this 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 9 8 1 2 1297 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" 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 8 1 2 12q and prudent by the Town council. Any such extension granted shall not exceed on ( 1) year. 2 .08. Substitution of Assurances. At any time during the period described above in paragraph 2 . 07 for the completion of improvements (or, if such time for completion of the required improvements has been extended by subsequent agreement of the parties, at any time on or before such extended date for the completion of improvements) , Subdivider or Trustee may offer substitute assurances. such assurances shall be in a form and amount acceptable to the Town and shall be subject to review and approval by the Oro Valley Town Council. 2 . 09 . Inspection and Acceptance of Improvements. The town may provide for the inspection of the required improvements to insure satisfactory completion. The Town will not accept dedication of the required improvements, nor release, in whole or in part, any property subject to the Agreement until the improvements have been satisfactorily completed and accepted by the Town engineer. 2 . 10 . Partial Release of Assurances. The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision plat attached as Exhibit "A" , provided that all of the improvements required in connection with such lots have been satisfactorily completed and accepted by the Town and provided further improvements required for the entire subdivision plat. For example, temporary cul-de-sacs should be provided for incomplete streets; water, sewer, gas, telephone and electric facilities should be capable of independent operation; and adequate access for public safety vehicles should be provided. 2 . 11 . Failure to Complete Improvements. In the event that Subdivider fails to complete the required improvements within the period provided in paragraph 2 . 07 above, the parties agree that the Town may initiate a process to re-plat that portion or portions of the property described in Exhibit "A" for which the improvements have not been satisfactorily completed. The purpose of such plat initiated by boundary configurations of record existing before recording of the subdivision plat described in Exhibit "A" . Prior to initiating any action to re-plat the portion of property for which improvements 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 shall be sent by first class mail, shall be deemed received upon mailing and shall be sent to the following addresses: First American Title Insurance Del Webb Home Construction Inc. Company 1880 E River Road 1565 E Rancho Vistoso Blvd. Tucson, AZ 85718 Tucson, AZ 85737 Trustee Subdivider 3 9812 12 9 9 i 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 same boundary configuration of record existing before recording of the plat described in Exhibit "A" . The 7ties hereto have executed this Agreement this /�� day of -)t-c , 19`f_/- TOWN OF ORO VALLEY a'',•••ti * •,; a municipal corporation /r.,././ , ,,r1 1 _. , '' ' /a,.;),„,...44' 6. 4-th--4.-___ • ` MAYOR s• COU TE SIGNED:(..„ , /(- ( eit,r-/L/ ( • (Lu_j,(Xiq--, As Town clerk and not personally APPROVED AS OR this day of . '•L- -e- , 19 4'4' rfi / z& if 64-- .,I G . K;dd, Town At orney DEVELOPER/SUBDIVIDER: DEL ";+:B HOME CONS' RU' • . , an A .'- . . . r•o . 1.o► I sy: arry Michels As: V.P . Construction/Operations STATE OF ARIZONA) ) ss. COUNTY OF PIMA ) This instrument was acknowledged before me this a3 day of , 19± by L o.e,ey H c.,.. \e1,$ as . C.cr,,.-vpv,,A,(s.-, of e_k Li e.,toy, ) tic eYv‘e._. Coifs i• c_--'i av-, ,A ,k-Pi,._,_ owl - ,f____„.4_,..__ NO rY PUBLIC c -•1- - cirl • :..-' F. My commission expires t.I) -,,• y r may,.,.... y, r. 1 r L. ! ` , ,!.1 4 9812 1 n n TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY, a lifornia Corp. as Truste Ztte Echave Asst. Vice President STATE OF ARIZONA ) ss. COUNTY OF PIMA Thisinstrument was cknowledgec before ue this _501-- day /I / 19(1. by ��(,�., as of FIRST; AMERICAN TITLE INSURANCE COMPANY. OFFICIAL BE�,L lBUom© MY COMMI S S I;RE pli iiC-State of Aazot PIMA COUNTY .. my COMMiSt*On Expirfs Sigt.14,1117 1( AM(A-1)LLOltb NOTAR UBLIC 5 9812 1301 EXHIBIT "A" Lot 1 through 157 and Common Area A of Sun City Vistoso Unit 9, according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book6 of Maps, page /0 9 8 1 2 1302 Recording Requested by: FIRST AMERICAN TITLE When Recorded Mail To: LXt l r'.)I"I DECLARATION OF TRUST AND AFFIDAVIT FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, was employed to act in a Trustee capacity under its Trust No. 4203 and hereby declares that it has acquired title to various parcels of property in the name of Trust No. 4203 . The beneficiary (beneficiaries) of said Trust No.4203 is (are) : NAME ADDRESS Del Webb Home Construction, Inc. , 1565 E Rancho Vistoso Blvd Oro Valley AZ 85737 /.5 7 Lots 1 through 1-1 and Common Area A of Sun City Vistoso Unit lt, according to the plat of record in the office of the County i Recorder of Pima County, Arizona, recorded in Book V' of Maps, page f . DATED this 30th day of November , 1993. FIRST AMERICAN TLE INSURANCE COMPANY, a Calif orni Hcorp ration B - Brigitte Echave, Trust Officer STATE OF ARIZONA) ss: COUNTY OF PIMA ) ' Subscribed and sworn to me this?U day ofI)( t2_ , 1993, by � BrigitteEchave Trust Officer of FIRST AMERICAN TITLE INSURANCE g COMPANY,and that she as such officer, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the Corporation as Assistant Secretary by herself as such officer. VAjiki\AA\" - M- nOAC,Lth,CMAW NOTARY_PUBLIC MY COMMISSION EXPIRES: 0, ir;. .:^;� f KATHR`!N M.TARDIBUONa 41, l Notary Public-Stato of Ariz • er PIMA COUNTY My Cocrmis&on ucpirs�Sgp.14,1907. 9 8 I 2 L393 EXHIBIT "C" Subdivision Name : Sun City Vistoso Unit 9 OV Case No. : OV12-93-11 Trust No. : 4203 The following improvements and conditions are made a part of the attached Assurance Agreement: 1 . Paving of the streets included in Sun City Vistoso Unit . 9 2 . A public water system satisfactory to the Rancho Vistoso 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 . 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, places, installed, etc. in substantial conformance with the approved plans for this developments. 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. 6 9 8 1 2 I3OLi 12 . The Soils Engineer of Record or other Registers 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 Geotechninal Frig_ Fva1i1M -i - and any amendments thereto, by Western Technn 1 ng i es Job No. 7 q 7 7Jj 5,0 dated Nnv 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 . • • 9 8 I 2 1305 F. ANN ROD R I GUE Z, RECORDER DOCKET : 9812 RECORDED BY: RL\J PAGE: 1�4 3 /� NO. OF PAUEw:�: 9 DEF✓U�I Y RECORDER'c':�;4 HAD14 M`�:064om SEQUENCE: 941 18053 :,OF CIV '.1�EUF�: 06/ 1: /94 �I�o A S S(-�to 1 5: 14:t��t_) TOWN OF ORO VALLEY .t 1000 N LA CANADA MAIL ORO VALLEY AZ 85737 AMOUNT PAID $ 6. 00 TOWN OF ORO VALLEY ASSURANCE AGREEMENT FOR COMPLETION OF SUBDIVISION IMPROVEMENTS BY THIS AGREEMENT made and entered into the .J day of (1j�') , 1993 between Del Webb Home Construction Inc. , an `Arizona corporation, as Beneficiary under Trust No.4203 (referred to in this Agreement as "Subdivider" ) ;First American Title Insurance Company, a California corporation, as Trustee under Trust No.4203 (referred to in this Agreement as "Trustee" ) ; and the TOWN OF ORO VALLEY, a municipal corporation, (referred to in this Agreement as "Town" ) , hereby confirm and agree as follows: 1 .01 Trustee, pursuant to the land trust agreement described in Exhibit "B" is the owner of a certain parcel of land described in Exhibit "A" , which is located in the Town of Oro Valley, Pima County, Arizona. 1 . 02 The parties to this Agreement wish to establish specific terms, conditions and guidelines for compliances with the provisions of ARS Section 9-4 63 .01 (C) (8) and Chapter 4 , Article 4-9 of the Oro Valley Zoning Code Revised. II AGREEMENT 1.03 . In consideration of the Town approving a final plat for the property described in Exhibit "A" , commonly referred to as Subdivision Name Sun City Vistoso Unit 10 , Lots 1 through 113 and Common Area A, Oro Valley Case No.0v12-93-11 , 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 "A" , which is annexed to and made a part of this 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 9812 13 [48 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" 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 and prudent by the Town council. Any such extension granted shall not exceed on ( 1) year. 2 9812 13 [ 9 2 . 08. Substitution of Assurances. At any time during the period described above in paragraph 2 . 07 for the completion of improvements (or, if such time for completion of the required improvements has been extended by subsequent agreement of the parties, at any time on or before such extended date for the completion of improvements) , Subdivider or Trustee may offer substitute assurances. such assurances shall be in a form and amount acceptable to the Town and shall be subject to review and approval by the Oro Valley Town Council. 2 .09. Inspection and Acceptance of Improvements. The town may provide for the inspection of the required improvements to insure satisfactory completion. The Town will not accept dedication of the required improvements, nor release, in whole or in part, any property subject to the Agreement until the improvements have been satisfactorily completed and accepted by the Town engineer. 2 . 10 . Partial Release of Assurances. The Town may provide the Trustee with a Release of Assurance for a portion of the lots created by the subdivision plat attached as Exhibit "A" , provided that all of the improvements required in connection with such lots have been satisfactorily completed and accepted by the Town and provided further improvements required for the entire subdivision plat. For example, temporary cul-de-sacs should be provided for incomplete streets; water, sewer, gas, telephone and electric facilities should be capable of independent operation; and adequate access for public safety vehicles should be provided. 2 . 11 . Failure to Complete Improvements. In the event that Subdivider fails to complete the required improvements within the period provided in paragraph 2 .07 above, the parties agree that the Town may initiate a process to re-plat that portion or portions of the property described in Exhibit "A" for which the improvements have not been satisfactorily completed. The purpose of such plat initiated by boundary configurations of record existing before recording of the subdivision plat described in Exhibit "A" . Prior to initiating any action to re-plat the portion of property for which improvements 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 shall be sent by first class mail, shall be deemed received upon mailing and shall be sent to the following addresses: First American Title Insurance Del Webb Home Construction Inc. Company 1880 E River Road 1565 E Rancho Vistoso Blvd. Tucson, AZ 85718 Tucson, AZ 85737 Trustee Subdivider 3 (1 A 1 2 13 5 0 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 same boundary configuration of record existing before recording of the plat described in Exhibit "A" . Th ' arties heret have executed this A reement this2 . o day of 1 ., a%��. � p `l�� g19 1// TOWN OF ORO VALLEY a municipal corporation /a.„,t;A aA.,9 si. i94....,re.....,...._ MAYOR COUNTERSIGNED: LCk.. i- (..,, C- 0(, (,e:-- As Town clerk and not personally APPROVED AS TO FORM this /3 day of l(2t-e--' , 19 ----;2r-----e_4 - ---- 454L aary-Dv-K±dd, Town torney DEVELOPER/SUBDIVIDER: DEL BB HOME CO - 4- ' O' , INC. , an dific", ,/:•• . i(:)• By: Tarry Michels As: V_P_ Construction/Operations STATE OF ARIZONA) ) ss. COUNTY OF PIMA ) This instrument was acknowledged before me this ds3A4t day of 16e4i,, - , 1993 , by L,c c c-\c t c as 0. f. 0 ,2 �..^ of � ._1 W ek v • --arin GokAs-V,`mac_V k o -v\c.._ ,. g,ilv\t--C Y. 0421AAH4 — id,21,9, NOTARY PUBLIC SI - Li - 1 9 My commission expires 4 9 8 1 2 1351 TITLE COMPANY: FIRST AMERICAN TITLE INSURANCE COMPANY, a )ifornia Corp. as Tru t rigitte Echave Asst. Vice President STATE OF ARIZONA ) ss. COUNTY OF PIMA Th., ins rument was Acknowledgpcl. be ore inp this -q()P-- day of /2 19 �/1, by as 1b �. /Ce =:J! e of FIR T AMERICAN TITLE INSURANCE COMPANY. OFFICIAL SEAL 4 e. OWN() MY COMMIS • . [thlly�St&to of Ar►ztula I t rIMA GO LINTY My Commission Sept.14 1 S37 atilVA\ - �VI/V_ 1... (A)UFf' NOTARYOPUBLIC 5 9 8 1 2 1352 EXHIBIT "A" Lot 1 through 113 and Common Area A of Sun City Vistoso Unit 10, according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book ,6 of Maps, page //• 9 8 1 2 1353 Recording Requested by: FIRST AMERICAN TITLE When Recorded Mail To: ( 'iii3iT ‘'it " DECLARATION OF TRUST AND AFFIDAVIT FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, was employed to act in a Trustee capacity under its Trust No. 4203 and hereby declares that it has acquired title to various parcels of property in the name of Trust No. 4203. The beneficiary (beneficiaries) of said Trust No.4203 is (are) : NAME ADDRESS Del Webb Home Construction, Inc. , 1565 E Rancho Vistoso Blvd Oro Valley AZ 85737 Lots 1 through 113 and Common Area A of Sun City Vistoso Unit 10, according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book /-4of Maps, page//, DATED this 30th day of November , 1993. FIRST AMERICAN TITLE INSURANCE COMPANY, a California-corporation B • B gitte'Echave, Trust Officer STATE OF ARIZONA) ) ss: COUNTY OF PIMA ) �1'1 Subscribed and sworn to me this � " day of L� ' , 1993, by Brigitte Echave,Trust Officer of FIRST AMERICAN TITLE INSURANCE COMPANY,and that she as such officer, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the Corporation as Assistant Secretary by herself as such officer. /\ 1( .041\ANAV -- (NV- Oikhtik-laWnit)° NOTARY ZYBLIC MY COMMISSION EXPIRES: - ..-..........�.........:,. ...,.v:a. r� �+ OFFICIAL SEAL IKATHRYN M.TARDIBUONO Notary Public•State of Ariz na Les_b!....f: PIMA COUNTY My COMMISIMI Explre3 Sept.14,101 . EXHIBIT "C" Subdivision Name : Sun City Vistoso Unit 10 OV Case No. : OV12-93-11 Trust No. : 4203 The following improvements and conditions are made a part of the attached Assurance Agreement: 1 . Paving of the streets included in Sun rif-y Vistoso tlni t- •10 2 . A public water system satisfactory to the Rancho vistoso 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 . 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, places, installed, etc. in substantial conformance with the approved plans for this developments. 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. 6 9. 8 1 2 13 5 5 • • 12 . The Soils Engineer of Record or other Registers Professional civil Engineer with expertise in the area of Soils Engineering shall certify, in writing, that all soils operations for this development were performed in accordance with the recommendations as set forth in the Geotechnical Eng_ Evalilatinnand any amendments thereto, by Western Technol ngi esJob No. 7927J15,0 dated Nov .R, 1 9R9 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. • 9812 1356