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HomeMy WebLinkAboutResolution 95-015 warranty deeds for right of way on price club placeRESOLUTION NO. 95-15 A RESOLUTION OF TI-IE MAYOR AND COUNCIL OF TI-IE TOWN OF MARANA, ARIZONA, ACCEPTING A SPECIAL WARRANTY Dg.g~D FROM S.L. SCHORR, ELEANOR D. SCHORR, DAVID 3. LEONARD, JUDrI/-I B. LEONARD AND STEWART TITLE & TRUST OF TUCSON TRUST NO. 2188 FOR TH~ RIGHT-OF-WAY FOR PRICE CLUB PLACE. WHEREAS, S.L. Schorr, Eleanor D. Schorr, David 3. Leonard, Judith B. Leonard and Stewart Title & Trust of Tucson, Trust No. 2188 own property within the Town limits upon which has been constructed portions of the roadway to be known as Price Club Place; and WHEREAS, S.L. Schorr, Eleanor D. Schorr, David l'. Leonard, Judith B. Leonard and Stewart Title & Trust of Tucson, Trust No. 2188 intend to execute a Special Warranty Deed, deeding such property to the Town of Marana and it is in the best of interests of the Town that the property be accepted and maintained as town property. BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the Special Warranty Deed, deeding certain property to become portions of Price Club Place by S.L. Schorr, Eleanor D. Schorr, David J. Leonard, Judith B. Leonard and Stewart Title & Trust of Tucson, Trust No. 2188, be accepted, the roadway be known as Price Club Place, and that it be maintained by the Town as a public roadway. PASSED AND ADOPTED by the Mayor and Council of the Town of Mararia, Arizona, this 21st day of March, 1995. Sand>~j APPROVED AS TO FORM: Daniel J. Hochuli Town Attorney Resolution No. 95-15 Page 1 of 1 When recorded return to: Andrew D. Schorr, Esq. Lewis and Roca LLP One South Church Suite 700 Tucson, Arizona 85701 SPECIAL WA.RRANTY DEED (Exempt from Affidavit pursuant to A.R.S. § 42-1614(A)(3)) For the consideration o£One Dollar and other valuable consideration, S.L. Schorr and Eleanor D. Schorr, husband and wife, David J. Leonard and Judith B. Leonard, husband and wife, and Stewart Title and Trust of Tucson, an Arizona corporation, as Trustee of Trust No. 2188, as Trustee only and not in its general corporate capacity and not personally (collectively, "Grantor") convey to the Town of Marana, an Arizona municipal corporation ("Grantee"), the real property legally described on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"), together with all rights and privileges appurtenant thereto, for purposes of a public right-of-way. SUBJECT TO: All non-delinquent taxes, assessments, and other matters of record. Grantor warrants the title to the Property against all acts of Grantor and no other, subject to the matters set forth above. Dated ,1995. S.L. Schorr Eleanor D. Schorr David J. Leonard Judith B. Leonard Stewart Title and Trust of Tucson, an Arizona corporation, as Trustee of Trust No. 2188, as Trustee only and not in its general corporate capacity and not personally By: Its: STATE OF ARIZONA SS. County of Pima The foregoing instrument was 1995 by S.L. Schorr. acknowledged before me this day of , My Commission Expires: Notary Public STATE OF ARIZONA ) County of Pima ) The foregoing instrument was acknowledged before me this 1995 by Eleanor D. Schorr. day of , My Co~nmission Expires: Notary Public 2 I5RR01555 STATE OF ARIZONA County of Pima The foregoing instrument was acknowledged before me this __ 1995 by David J, Leonard. day of My Commission Expires: Notary Public STATE OF ARIZONA ) County of Pima ) The foregoing instrument was acknowledged before me this __ 1995 by Judith B. Leonard. day of My Commission Expires: Notary Public STATE OF ARIZONA ) County of Pima ) The foregoing instrument was acknowledged before me this day of , 1995 by , the , of Stewart Title and Trust of Tucson, an Arizona corporation, as Trustee of Trust No. 2188, as Trustee only and not in its general corporate capacity and not personally. My Commission Expires: Notary Public BRR(~I555 R]CI< ENGI:N?_ E?dNG COMP.&N'Y LEGAL DESCRIPTION DKIVEWAY PARCEL/DRIVEWAY EASEMENT A PORTiON OF LOT 4 "ORANGE GROVE INDUS~ PARK', A SUBDMSION RECORDED IN Tt:IE PI1MA COUNTY P,.ECORDER'S OFFICE IN BOOK 45 OF MAPS AND PLATS AT PAGE 5, PIMA COUNTY, A/tIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT ~ SOL -rI'H;--ASTERLY CORNER OF SAID LOT 4; ITIENCE SOUTH 87°59'30" W_ST L~PON TH2E SOUTH LLNE OF SAID LOT 4. !55.a4 Fm_ET TO ~ PO~ OF C~VE. CONCAVE NOR~S~Y ~ ~'~G A ~IUS OF 234.~ F~r~; TI-r~NCE NORTH%VESTERLY UPON SAID SOUTH ~ ?~4D UPON S?d~D CURVE, THROUGH A CF_2qTR. AL ANGLE OF 34 5.. 1. , AN .~RC DISTANCE OF 224. !6 FEET TO THE POINT OF TANGENT; TI-IF. NCE NORTH 37°07'17" WEST UPON SAID LOT LINE, 356.54 Tt~NCE SOUTH =" °=~ ..... ~. ~~ ~ WEST UPON SAID LOT LLNE, 82.00 FEET; THENCE SOUTH 37°07'!7" EAST UPON SAID LOT LINE, 4.79 FEET TO THE POINT OF CURVE, CONCAVE SOLqSIERLY AND HAVING A R_~DIUS OF 25.00 FEET WHICH BEARS SOUTH 52°52'43" WEST, SA/D POINT BEING TH]5 POINT OF BEGINNING; THENCE NOKTHVFESTERLY TO SOUTRXVESTERLY UPON SAID CURVE, THROUGFI A CENTRAL ANGLE OF 89°59'56", AN ARC DISTANCE OF 39.27 FEET TO TH~ POINT OF TANGENT; TI-I-~NCE SOUTH 52°52'-,'3" WEST 10.62 FEET TO ~ POINT OF CURVE, CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 220.00 THFNCE SOUTHWESTERLY UPON SAID CURVE, THROUGH A CENI'IcA_L .M'qGI .F. OF 57°17'45% AN ARC DISTANCE OF 134.83 FF_..ET TO TH~ POINT OF TANGENT, SAID POI]qT BF-/lq'G ON TI'{E SOUTH LINE OF SAFr) LOT 4; THFNCE SOUTH §7°59'37" WEST UPON SAID SOUTH LINE, 78~A7 FEET; PAGE 1 OF 3 THENCE NORTH 0l°05'55" EAST, 40.23 FEET TO A POINT; TI4WNCE NORTlq 87°59'37" EAST LIPON A LINE BEINO 40.00 F]5~ NOKTI-I OF AND PARATI~-I W1TH SAID $OIJTt:I LINE, 784.89 FEET TO A POINT OF CURVE, CONCAVE NORTI:fWF_STERLY AND iqAVING A RADIUS OF 180.00 FliET; THENCE NORTI:ITmASTF_RLY UPON SAID CURVE TI-IROUGH A CENTRAL AN6LE OF 35~06'5t', AN ARC DISTANCE OF 110.32 FEET TO TI-IE POLNT OF TANGENT; TI:tENCE NORTH 52°52'4Y' FAST, 35.62 FEET; THRICE SOU'I'/-t 37°07'17" EAST, 65.00 ~ TO THE POII~ OF BEGINNING. SAID EASF_MY_/NT CONTAINS 3'7,954.43 SQUARE FF~.T, MORE OR LESS. PAGE 2 OF 3 .4 BOOK ,45 PAGE 5 OF' MAPS AND PLATS 1':200' S37'07'I7'E '\, / /' 552'52'4214' Be_GO' ', ", -~ ,' -.-'--S.."'T'O7'IPE "., ',., /? ~.~ ~---yoc~. _~ ~ .~ .... .~_~ ~ ,, ._.. .,~.~..,, ...._.. // RltO.. 25.00' \ , //_.~ .- ; T/+- ~ ' '~ ~/ ," .aRC- 39.27' DE_ ,, I7 ~~ ,, ,aRC- ,~9.,_9T' R~£,.= 234.0P ,' DELTb- ~4'E~'13" ~'/ ARC- SUBJECT EASEMENT S.E.COR. ' LOT 4 PAGE 3 OF 3 23OOleg6,dgn 12-01-94 RICK ENGIN'EERING COMP. Y LEGAL DESCRIPTION PRICE CLUB DRIVE EXTENSION STUB A PORTION OF LOT 4 "ORANGE GROVE INIDUS~ P.~°.K", A SUBDIVISION RECORDED P~ ~ PIlviA COUNTY RBCORDER'S OFFICE ~N BOOK 45 OF MAPS AND PLATS AT PAGE 5, PItVIA COUNTY, ARIZONA. DESCRIBED AS FOLLOWS: COMI~KNCING AT ~ SOUTiREASTERLY COR_N~R OF SA_[D LOT 4~ TF~NCE SOUTH 87°59'30" WEST UPON TIlE SOUTH. LLNE OF SAI]D LOT 4, FEET TO ~ POINT OF CURVE, CONCAVr- NORTHEAS~Y AND HAVING A RADIUS OF 234.00 FEET; TI-IENCE NORTHWE, STER.LY UPON SAiD SOUTI-I LiNE AND UPON SAID CURVE. TttROUGH A CF_NTRAL ANGLE OF 54 °53'13", AN ,~=R.C DIST.,MqCE OF 224.16 FEET TO THE POINT OF TANGENT; TI-~NCE NORTH 37°07' 17" WEST UPON S.~D LOT LLNE. 356.54 FF.,ET TO ~ POEqT OF BEGINNING; THENCE SOUTI::i 52°52'43" WEST UPON SAID LOT LENE, $2.00 TI-IENCE NORTH 37°07'I7" WEST 60.21 FEET; THENCE NORTH 52°52'43" F-~.ST 82.00 FE_=T; TI-II=.NCE SOUT~ 37°07'17" EAST, 60.2I FEET TO POINT OF BEGllqNING. SAfD DRIVE CONTA.INS 4937.22 SQUARE FEET. MORE OR LESS. Hh. i10LO N. ~ :' i u~,mmom_am.~wx /? "/~o~ PAGE 1 OF 2 BOOK 4:5 PAGE 5 I'=1OO' OF MAPS AND PLATS SUBJECT EASEMENT ""' T.~ '--" E NGINtR RING~"OOMPA_Ny PAGE 2 OF 2 Z30Oleg5,dgn 12-01-94 ASSIGNMENT OF RIGHTS UNDER CONSTRUCTION CONTRACT This A~si~ment of Rights under Construction Contract ("Aasi~ment~) is made by Stewart Title and Trust of Tucson, as Trustee of Trust No. 2188; S.L. Schorr and Eleanor D. Schorr; and David J. Leonard and Judith B. Leonard (collectively, "Azsignor") to the Town of Mararia, an Arizona municipal corporation ('Assignee"). Assignor hereby assigns, conveys and transfers to Assignee all of Assignor's right, title and interest in and to any and all warranties, express, implied, statutory or otherwise for any work contemplated by that certain Abbreviated Form of Agreement between Owner and Contractor, dated December 7, 1994, between Assignor, as "Owner," and A&S Paving, Inc., as "Contractor." Dated ~ 1995. S.L. Schorr Eleanor D. Schorr David J. Leonard Judith B. Leonard Stewart Title and Trust of Tucson, an Arizona corporation, as Trustee of Trust No. 2188, as Trustee only and not in its general corporate capaciW and not personally By: Its: ..... C H I T £ ¢ T ~ ~ ~ I I '1 U T E (' A R AIA Document A107 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULA TED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document includes abbrevL'ated General Con~tions :red should not be used with other general conditions. It has been approved and endorsed by The A.~ociated General Contractors of America. AGREEMENT made as of the seventh Nineteen Hundred and BETWEEN the Owner: (Name and addre$s) No. 2188i and the Contractor: (Name and address) The Project is: (Name and location} Ninety-Four day of December in the year of Stewart Title and Trust of Tucson, as trustee of trust S.L. Schorr and Eleanor D. Schorr) and David J. Leonard and Judith B. Leonard c/o S.L. Schorr One South Church, Suite 700 Tucson, AZ 85701 A&S Paving, Inc. 527 West 29th Street Tucson, AZ 85713 Grading, paving and related work on the southern portion of Lot 4, Orange Grove Industrial Park, Mararia, Arizona. The,L~-~,i,~is: Rick Engineering Company (Nameandoddr~) 3443 North Campbell Avenue, Suite 100 Tucson, AZ 85719 Attn: Paul Iezzi Wherever used in this Agreement, the term "Architect" shall mean the Engineer. The Owner and Contractor agreeassetforthbelow. Copyright 1936. 1951. 1958, 1961. 1963. 1966. 1974. 1978. ©1987 by The Antenon Institute of Architects. 1735 Ne~.. York written permission of the AIA vioLtea the copyright laws of the United State$ .and wile be subiect to legal prusecution. A107-1987 AHiiCt. E 1 THE WORK OF THIS CONTRACT 1.1 The Conlr~cmr shoji execute Ihe cmirc ~Vork described in [he (Zont~c[ Documcnl~, except to [he extent $pecific211y indicated ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The d:~ie of commencement is [he date from which the Coreract TYne of P:~'-agr'aph 2.2 Ls m~',L~ured. :red shaJJ be the date of this Agreemorn, ~ firs[ ~..ritten ~bove, unless ~ dif£crent date is staled b~iow or provision 15 made for the date to b~ fixed in ~ notice to pro- teed issued by the Owner. 2.2 The Contractor sh~l ~chieve Substantial Completion of the --ndr¢ ',,'Cork not later th:~,n February 3, 1995. The Contractor shall achieve Substant:ia-I Completion o£ water, gas and phone lines not later than January 6, 1995. ,subjcctt~=diuscmentsofthis Com~ctTime ~ provided ~theCont~ctDocumenm. Contractor acknowledges that Owner is contractually obligated to an adjacent Owner to complete the work on a timely basis and that Contractor's failure to achieve the substantial completion dates above will cause damages to Owner. AR~CLE 3 CON'TRACT SUM Sixty Thousand ~ive Hundred Twelve and 00/100 Doll=rs b0,S12.00 ). subject to :~dditions rand deductions ~s provided in the Conuric[ Documcnt~ The Contract Sum involves all applicable ~axes. £ · :~uau~ed TeUT~ ~o amT~ :~e :o~,oe.~:~uo3 o~, pTed aq TTe~~ q~qR '~uam~ed ssa:~o:d qaea ~To Z0T uT~:~a~ TT~q$ :auto · uo au!pu~ t~uom ~'pua~ auo aq ircq~ ~u~u~Cd ~o$ uo,nc~IddV q~t~ ~q p~a~o~ pop~d atLL *s~uamrooo l=t~mo~ ~q~ -asl~ pu~ ~o~aq pap!,o~d sc ~o~r. nuo:~ atp o~ tung ~rmuo:~ aq~ Jo ~tmo~ uo mu~tu~cd ss~o~d ~-~u ~qs ~au~o atp '~a~!q~V ~q~ ~.q panSs~. ~uatu,h:d Joj sa~c:)Uruo:~ ptm Jm~tmuo~. am ,(.q ~:~LnT'~W aq] o~ pa~:qmqns ]uatu,(cd JOJ suopl~!lddv uodn p:~s'cg I. SIN'-21~IAYd SS~lblDOldd 00'E0b'£$ sT UTSeq uoT~ua~a: aq~ puno2e ~uToua~ ~o ~soo alqeoolle aqZ -mng ~oe:~UOD aq~p $1'$8g'~I$ sT X~peo: aq~ ~o sapTs q~oq uo $q:no l~oT~:a* 9uTlle~suT ~o ~soo alq~solT~ aq~ pu~g'gfZ~$ sT sauTl auoqdaTa~ 9uTlTe~suT ~o ~soo aTqeSoTIe :J=U,~0 atp ~(q pa~da~c pug s'Juaum..~oO ~:)~;~uco ~ql ul p:aq~:~s::)p a,,m tPFI.'~. '~.u~j! 'ga]cuJa~l~ gu?e.o[io) alp uodn pascq s!. u.mS ~:~cJ,~uo:3 atLL ~'C ARTICLE $ FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Sam, shall be made by the Owner to the Contractor when the ','Cork has been completed, the Contract fully performed, and a final Ccrtific'~te for Payment has I:~en issued by the A.rchi[ect. ARTICLE $ ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract DocumenLs arc listed in Article 7 and, exce'pt for Modifications issued after execution of this Agreement, are enumerarcd as follows: 6. !. 1 The Agreement is titis executed Abbreviated Form of Agreement Between Owner and Contractor, AIA Documcm A 107, 1987 Edition. 6.1.2 The Supplementary and olher Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Tide Pages NONE 6.1.3. The Specifications are those contained in tl~¢ Project Manuai d~ted as in Subp:tragraph 6.1.2, and are as follows: Section Tide Pages NONE 6.1.4 The Drawings am ~s follows, ~nd ~re d~ted Nmnb~' Title Rick Engineering Company Grading and Paving Plans Job f12190 for Price Club Drive and XXXXXX Road (3 sheets) unlc~ 2 different cL~te is shown below: December 1, 1994 and stamped by the Engineer on December 2, 1994 Rick Engineering Company Water Distribution to serve Romano Road (1 sheet) October 27, 1994 Trenching and backfill for U.S. West and Southwest Gas facilities to be per Grading and Paving Plans referenced above and plans to be provided by those utility companies. 6.1.5 The Addenci~, if ~ny, 2r~ as follows: Number NONE P2gcs Poflton$ or Addenc~ relaOng to bidding requircrnent~ ~e not ~ of ~e Contract ~menm u~ ~e bid~ng requiremenm are ~o ~umemted ~ ~b ~ide 6. 6.1.60~er do~en~, if ~y, foxing p2n of the Cont~ ~ ~ ~ fo~o~: NONE GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS ARTICLE 9 CONTRACTOR 7'.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addends i~sued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include all items neo'~ry for the proper execution and completion of the Work by the Contractor. The Contract Documents axe complementary, and what is required by one shall be a5 bind- [rig as if required by all; performance by the Contractor s[ulll be required odiy to the extent consistent with the Contract Docu- ments and reasormbly inferable from them as being necessary to produce the intended results. ?.2 The Contract Documents shall not be construed ro ereare a contractual relationship of any kind (I) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor or (3) between any persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by the Contractor is a represen- tation that the Contractor has visited the site and become famil- iar with the local conditions under whirl1 the Work is to be performed. 7.4 The term "Work" me:ms the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a paxt of the Proiect. ARTICLE 8 OWNER 8.1 The Owner shall furnish surveys and a legal description of the site. 8.2 Except for permits and fees which are [he responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the constroctton, use or occupancy. of permanent structures or permanent changes in existing facilities. 8.3 If the Contractor falls to correct Work which is not in accorctanee with the requirements of the Contract Documents or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, he fight of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. g.1 The Contractor si'mll supervise and direct the Work, nsing the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedure$ and for coordinating all portions of the Work under the Contract, unleSs Contract Documents give other specific iratractions concerning these matte~. 3.2 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equip- ment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other radiities and services necessary for the proper execution and completion of the Work, whether temporary or pemtanent and whether or not incorporated or to be incorporated in the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contmctor's employees and other perSons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasl~ assigned to them. 9.4 The Contractor wzrrants to the Owner and Architect that materials and equipment furnished under the Contract will b~ of good quality and new unless otherwise required or permit- ted by the Contract Documents, that the Work will be free from defects not inhe~mt in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these require- ments, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for danage or defect cau.,~--d by abuse, modifications not e~recuted by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal nsage. If required by the Architect, the Contractor shall fum~h satisfactory evidence as to the kind and quality of mated:Ils and equipment. 3.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consume~', use, and other sireliar taxes which are lesally enacted when bids are received or nego- tiations concluded, whether or not yet effective or mex~iy scheduled to go into effect, and ~ secure and pay for the building pe.,nit a~[ other permits and governmental foes, licenses and inspections necessary' for proper execution and completion of the Work. 9.6 The Contractor shali comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authoritieS beating on performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Sp¢'ctfications are observed by the Contractor to be at vm-lanee thc, c,,,ith. g.? The Cono-.actns shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcontrac- tors and their agents and employees, and other persons per- funning portions of the Work under a contract with the Contractor. lien. If such lien ~malns unsatisfied after payment,: ax~ made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in ~ng such lien, including all costs and rimsortable attorhea' fees. 15.5 The making of l'mal paymerR ~ constitute a wa/ver of claims by the Owner except those :~$ing from: .1 liens, claims, security interests or encumbrances aris- ing out of the Cornmet and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warr:mtles required by the Contract Documents. Acceptance of final payment by the Contractor, a $ubcoutrac- tot or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identi- fied by [trot payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for initiating, main- taining, and supervising all s~fcty precautions and progmm~ in connection with the performance of the Contract. The Con. tractor shall take reasonable pcc.~...dtlons for safety of, and shall provide reasonable protection to priest damal e, injury or luss to: .1 employees on the Work and other persons who may be affected thereby; -2 the Work and materi~s and equipment to be incor- porated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give rioflees and comply with applicable laws, ordinances, rules, rel~.tlatlons and lawful orders of public authorities bern'in5 on safety of persuns and property and their protection from damage, injury or 1o~ The Contractor shall promptly r~"nedy ~e and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whnae acts they rrmy be liable and for which the Contractor is r~oonsible under Subpars. graph~ 16.1.2 and 16.1,3, except for dana~e or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obliga- tions of the Contractor are in addtUon to the Contractor's obli- gations under Paragraph 9.12. 16.2 The Contractor shall not be requl~d to perform without con.sent any Work relating to asb,'~ or polychlorinated biphenyl (PCB). itself, to propeW which mararbe out of or result from the Contmctor'a operaIons ~ the Contract, whether such operations be by the Contr~:tor or by a Subcontractor or any- one dh~ctly or indtmctly em~oyed by any of them. This insur- ance shall be written for oot ~ than limits of liabillty specified in the Contract Docume~lts or required by law, whichever covecage is IF~Ker, and shall Include contmctu~ li=bliity insur- ance applicable to the Contmc~r's obligations under Paragraph 9.12. Cerdfi,-~--: of such V~serance shall be filed with the Owner prior to the commenetment of the Work: 17.2 The O~ner ~ be ~;pousible for putchain8 and main- tcdning the Owner's usual lia!~ty insurance. Optionally, the Owner mar purchase and ms.rain other insurance for self- protection ~.~-:inst claims ~aJch may arise from operations under the Contract. The Contr.'tot shall not be responsible for porcha~ing and maintaining this optional Owner's liability insurance tinless spedfica~ ~:quired by the Contract Document. 17.3 Unlcs~ otherwir.~ pt=e~..d, 'the Owner-~h~11 and maintain. in a company ~ companies lawfully to do business in the jmlx~.'fion in which the located, pmpe~y insurance upon the entire Work at the: ~k policy the Contractor, Subcontractors and in the Work and shall insure ~ the ~ of coverJge and physical loss or { cation of cov~raBe, theft, ; mischief. 17.4 A Io~ instired under O,~tter's adjusted ~ the Owner ~ made Owner as to the 17.5 Tbe O~nc~ sh~l file a copy c conrain a l~u.iston tl~t the , with the Con- will not be cancelled or 17.6 The Owner nnd other and tbe t~ctora desc~bed In tractors, ages caused by other , Sep2rate con- ' of their subcon- ~ents and employees, for dam- Other ped~ to the extent covered by pursuant to this Ar0cle 17 ot ~y ~E ~ ~e Wo~, ~c~t su~ ~ of ~'~ held ,. ~ ~n~or $~ m~i~ g~ by Sub~n- I ~qui~ s~i- 12, ff my, ~d ~e ~om, su~su~mmctom, ARTICLE 17 INSURANCE ARTICLE 18 CORRECTION OF WORK 17.1 The Contractor shaJl purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insuranee for protect/on from claims under workers' or workmen's compen- sation acts and other employee benefit acts which :u'e applic- able, claims for d~gnages because of bodily injury, including death, and from claims for damages, other thm't to the Work 18.1 The C~ntm-ror shall pnampdy co,,~i Work rejected by the Architect ot fiillng to ~ to ~e ~ of the Contm~ ~m~, w~ ~ ~fo~ or ~ter 5u~ s~ C~ ~d wh~ or no~ hbfi~t~, ~ed or ~mplet~, ~ ~ ~ ~ Wo~ found to ~ nut ~ accor~ ~ ~ ~ui~ of ~e Contm~ ~u wit~ a ~ of one y~ fr~ ~e ~te of Subs~t~ Corn- 9 A107-1987 AF~CI. E21 OTHER CONDITIONS OR PROVISIONS 21.1 The Contractor hereby grants to the Owner for a period of one (1) year following the dace of final completion of the Work, its unconditional warranty of the quality and adequacy of all of the Work, including, without limitation, all labor, materials, and equipment provided by the Contractor and its subcontractors of all tiers in connection with the Work. Upon completion of the Work, the Contractor shall assign or cause to be assigned to the Owner all manufacturersf warranties with respect to all Work, including, without limitation, all materials and equipment which are to be incorporated into the Project premises. Such warranty shall be assignable by Owner to any private party or governmental entity to which the Project premises are conveyed by Owner. * Stewart Title and Trust of Tucson, an Arizona corporation as Trustee of Trust #2188, as Trustee onl~ and not in its general~rp~te capacity and not personally ~y //'k ~ Ray~orradettl, I rust Officer Its S.L. S c h~r~~--~ ~DITH B. LEONARD 3'~ OAVIO ~ This Agreement entered into as of the day ~md ),ear FirSt written above. OWNER CONTRACTOR 10/8'/' ORDER NO. 94060972A ESCROW UNIT 21 STEWART TITLE AND TRUST OF TUCSON MAIN OFFICE: 3777 East Broadway Boulevard, Tucson, Arizona Representing Stewart Title Guaranty Company PRELIMINARY TITLE REPORT TO: LEWIS D. SCHORR Agreeing to your order for title insurance covering the property described herein STEWART TITLE GUARANTY COMPANY, acting through STEWART TITLE & TRUST OF TUCSON, will issue its regular form of Title Insurance Policy in the amount set forth herein upon the satisfactory compliance with the requirements set forth herein, and upon payment of all charges and disbursements (providing that nothing affecting the title adversely shall arise or become known subsequent to the date hereof and prior to the issuances of said title insurance) as shown on Page 2 attached. (Note: All instruments herein referred to are recorded in the Office of the County Recorder of Pima County, Arizona). ~f, within 90 days from the date of this Report the applicant shall have failed to comply with the requirements set forth on the attachment to this Preliminary Title Report, unless further time is granted by the Company, the Company shall have the option of issuing its regular form of Title Insurance Policy, at its scheduled rate, including in Schedule B of said Policy as exceptions all unsatisfied requirements, or to make a charge commensurate with the services incidental to the issuance of the Report. Subject to Matters and Requirements set forth on Attachments. VALIDATING S ~TURE B. WHIPPLE/BL/12/2~/94 Search made to= December 14, 1994 ~ 7:59AM ORDER NO. 94060972A ESCROW UNIT 21 AMOUNT PREMIUM OWNER'S POLICY: $ $ LENDER'S POLICY: $ $ LENDER'S POLICY: $ $ STATUS OF TITLE REPORT iNSURED OWNER: INSURED LENDER: FEE TITLE VESTED IN: STEWART TITLE AND TRUST OF TUCSON, AN ARIZONA CORPORATION, AS TRUSTEE UNDER TRUST NO. 2188 AS AN UNDIVIDED SEVENTY-FIVE PERCENT (75%) INTEREST; S.L. SCHORR AND ELEANOR D. SCHORR, HUSBAND AND WIFE, AS TO AN UNDIVIDED NINETEEN AND ONE-HALF PERCENT (19.5%) INTEREST; AND DAVID J. LEONARD AND JUDITH B. LEONARD, HUSBAND AND WIFE, AS TO AN UNDIVIDED FIVE AND ONE-HALF (5.5%) INTEREST. DESCRIPTION OF LAND IN PIMA COUNTY, ARIZONA: SEE ATTACHED LEGAL ORDER NO. 94060972A ESCROW NO. 21 SUBJECT TO MATTERS: Subject to the printed conditions, stipulations and exceptions of the regular form policy and the following against which the policy will not insure: Taxes subsequent to the year 1994. Easements, reservations and conditions as set forth on the recorded plat of said subdivision. Rights-of-way for existing sewer, gas, water or similar pipelines or for canals, laterals or ditches, or for electric telephone and 'similar lines, if any, that were in existence prior to the abandonment of that portion of the subject property within abandoned 20 foot alley as set forth in Resolution and Order No. 1981-56 under Proceedings No. 2399, recorded April 22, 1981, in Docket 6514 at page 697. Reservation of a 20 foot wide sewer easement centered over existing sewer line facilities as set forth i~ Resolution and Order No. 1981-56 under Proceedings No. 2399, recorded April 22, 1981, in Docket 6514 at page 697. Easement for the purposes stated therein: In favor of: Pima County Department of Sanitation Purpose: Sewer line or sewer lines, manholes and appurtenances Recorded: July 29, 1974 Recorded In: Docket 4818 Page 51 6. Terms and conditions as set forth in: Instrument: Pre-Annexation and Development Agreement attached to and made a part of Resolution No. 93-33 of the Town of Marana Recorded: October 5, 1993 Recorded In: Docket 9641 page 903 7. Terms and conditions as set forth in: Instrument: Natural Gas Line Easement Recorded In: Docket 9886 page 1810 8. Terms and conditions as set forth in Easement for Ingress and Egress: ORDER NO. 94060972A STATUS OF TITLE REPORT SUBJECT TO MATTERS CONTINUED: ESCROW UNIT 21 Recorded: September 27, 1994 Recorded In: Docket 9886 page 1837 9. Terms and conditions as set forth in: Instrument: Sign Easement Recorded In: Docket 9886 page 1851 10. Terms and conditions as set forth in: 11. Instrument: Sign Easement Recorded In: Docket 9886 page 1861 Covenants, conditions, restrictions, easements, obligations as set forth in instrument; Recorded: September 27, 1994 Recorded In: Docket 9886 page 1885 liabilities and ORDER NO. 94060972A ESCROW NO. 21 REPORT NOTES: TAX NOTE: Tax information shown herein is based upon the records of the Pima County Treasurer. The Company assumes no liability for personal property taxes. The Company also assumes no liability for changes made after the date shown on the attached tax sheet. NOTE: This report is for information purposes only and exclusively for the use and benefit of the addressee. It is not a commitment to issue a title insurance policy. The liability h~eunder is limited to the amount paid for this report. LEGAL DESCRIPTION ORDER NO.: 94060972A LOT 4, ORANGE GROVE INDUSTRIAL PARK, A SUBDIVISION OF PIMA COUNTY, ARIZONA, ACCORDING TO THE MAP OR PLAT OF RECORD IN THE PIMA COUNTY RECORDER'S OFFICE IN BOOK 45 OF MAPS AND PLATS AT PAGE 5; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT A 2 INCH BRASS CAP SURVEY MONUMENT AT THE SOUTHEAST CORNER OF SECTION 6, TOWNSHIP 13 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA; THENCE NORTH 02 DEGREES 00 MINUTES 30 SECONDS WEST UPON THE EAST LINE OF SAID SECTION '6, A DISTANCE OF 1501.47 FEET; THENCE SOUTH 87 DEGREES 59 MINUTES 37 SECONDS WEST, A DISTANCE OF 1650.49 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 4, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING UPON SAID SOUTH LINE, MINUTES 37 SECONDS WEST, A DISTANCE OF SOUTHWEST CORNER OF SAID LOT 4; SOUTH 87 DEGREES 59 675.00 FEET TO THE THENCE NORTH 42 DEGREES 44 MINUTES 31 SECONDS WEST, RECORD (NORTH 42 DEGREES 44 MINUTES 20 SECONDS WEST, MEASURED), ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 693.45 FEET, RECORD (693.15 FEET MEASURED) TO THE NORTHWEST CORNER OF SAID LOT 4, SAID POINT BEING A FOUND 1/2 INCH REBAR TAGGED P.C.D.O.T. 8; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4, THE FOLLOWING COURSES AND DISTANCES; THENCE NORTH 77 DEGREES 43 MINUTES 09 SECONDS EAST, RECORD (NORTH 77 DEGREES 38 MINUTES 46 SECONDS, MEASURED), A DISTANCE OF 132.65 FEET, RECORD (132.35 FEET MEASURED}, TO A FOUND 1/2 INCH REBAR TAGGED P.C.D.O.T. 8; THENCE NORTH 59 DEGREES 00 MINUTES 22 SECONDS EAST, RECORD (NORTH 59 DEGREES 00 MINUTES 25 SECONDS EAST, MEASURED), A DISTANCE OF 110.00 FEET, RECORD (109.99 FEET MEASURED), TO A FOUND 1/2 INCH REBAR TAGGED P.C.D.O.T. 8; THENCE SOUTH 30 DEGREES 59 MINUTES 38 SECONDS EAST, RECORD (SOUTH 31 DEGREES 17 MINUTES 15 SECONDS EAST, MEASURED}, A DISTANCE OF 30.00 FEET, RECORD (29.98 FEET MEASURED), TO A SET 1/2 INCH REBAR TAGGED LS 18547; Continued on next page LEGAL DESCRIPTION CONTIhu~.D ORDER NO: 94060972A THENCE NOR'£~ 59 DEGREES 00 MI~u'-'ES 22 SECONDS EAST, RECORD (NORTH 59 DEGREES 00 MIZ~uTES 19 SECONDS EAST, MEASURED), A DISTANCE 0F.370.00 FEET, RECORD (369.99 FEET MEASURED), TO A FOUND 1/2 INCH REBAR TAGGED P.C.D.O.T. 8; THENCE NORTH 30 DEGREES 59 MInuTES 38 SECONDS WEST, RECORD (NORTH 30 DEGREES 57 MINu~ES 10 SECONDS WEST, MEASURED) A DISTANCE OF 30.00 FEET RECORD (29.95 FEET MEASURED), TO A FOUND 1/2 INCH REBAR TAGGED P.C.D.O.T. 8; THENCE NORTH 59 DEGREES 00 MINUTES 22 SECONDS EAST, RECORD (NORTH 58 DEGREES 59 MInuTES 59 SECONDS EAST, MEASURED), A DISTANCE OF 364.82 FEET, RECORD (364.81 FEET MEASURED); THENCE NORTH 73 DEGREES 13 MINUTES 45 SECONDS EAST, A DISTANCE OF 290.00 FEET; '" THENCE LEAVING SAID NORTHERLY LINE, SOUTH 07 DEGREES 42 MINUTES 02 SECONDS EAST, A DISTANCE OF 428.00 FEET; THENCE SO~l'~ 04 DEGREES 05 MIRuTES 55 SECONDS WEST, A DISTANCE OF 610.00 FEET TO THE POINT OF BEGINNING; -2-