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HomeMy WebLinkAboutResolution 99-111 canyon pass public improvementsMARANA RESOLUTION NO. 99-111 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARAN& ARIZONA, AUTHORIZING THE SUBSTITUTION OF AN IRREVOCABLE STANDBY LETTER OF CREDIT NO. S21970Z WITH AMENDMENT AS ASSURANCE FOR THE COMPLETION OF PUBLIC IMPROVEMENTS IN CANYON PASS AT DOVE MOUNTAIN, LOTS 1-48 AND COMMON AREA A (PRIVATE STREETS) AND AUTHORIZING THE RELEASE OF THE SUBSTITUTE ASSURANCE AGREEMENT ORIGINALLY SUBMITTED BY COTTONWOOD PROPERTIES, INC., UNDER TRUST NO. 7825-T, AND LAWYERS TITLE OF ARIZONA, INC., FOR THE COMPLETION OF SUBDIVISION IMPROVEMENTS. WHEREAS, the Town has previously entered into Substitute Assurance Agreement with Cottonwood Properties, Inc., (beneficiary) under Trust No. 7825-T and Lawyers Title of Arizona, Inc. (trustee), recorded at the Pima County Recorder's Office at Docket 10989, Page 556 assuring the completion of public improvements; and WHEREAS, Cottonwood Properties, Inc., is requesting release from the third party trust Substitute Assurance Agreement, and desires to provide an Irrevocable Letter of Credit with Amendment as an assurance for completion of the remaining subdivision improvements; and WHEREAS, the release of the third-party trust substitute assurance agreement and acceptance of the irrevocable letter of credit as assurance for completion of subdivision improvements is in the best interests of the residents of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Lots 1-48 and Common Area A (Private Streets) are released form the Third-Party Trust Substitute Assurance Agreement for Completion of Subdivision Improvements and the Irrevocable Letter of Credit No. S21970Z with Amendment in the amount of $70,000.00 posted by Cottonwood Properties, Inc., as assurances, is hereby accepted, and Town staff is directed to take any necessary action to effectuate this resolution. Page 1 of 2 Arizona Resolution No. 99-111 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16TM day of November, 1999. ATTEST: Town Cle}l~ (~ APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Page 2 of 2 Mnrana. Arizona Resolution No. 99-111