HomeMy WebLinkAboutResolution 2009-053 tolling agreement with Timothy Widger and Acacia Nursery, Inc.MARANA RESOLUTION N0.2009-53
RELATING TO RISK MANAGEMENT; APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE A, TOLLING AGREEMENT WITH TIMOTHY WIDGER AND ACACIA
NURSERY INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, the Tolling Agreement with Timothy Widger and Acacia Nursery Inc.
attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved,
and the Mayor is hereby authorized to execute it on behalf of the Town and on behalf of John and
Jane Does I through V in their official capacities.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 28th day of April, 2009.
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ayor d Honea
ATTEST:
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~celyn C.. ronson, Town Clerk
APPROVED AS TO FORM:
APR 21 2009 14:42 FR SNELL WILh~ER TUC 2 520 E84 1294 Tai 5207449564
P.02
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TQLLI.I~TG AGREEIytEP~T
' ', This Tolling Agreement, effective upon the date designated below, is betwien Timothy
Widget, an individual; Acacia Nursery, Inc., an Arizona corporation; the Tvwn of Maxana, a
political subdivision of the State of Arizona; Hplly Qrloff, ss art individual, in laer official
capacity as .Zoning Inspector in the 1V[arana Planning Department, and on behalf of her marital
community; Robert Clements, individually, in his aFficial capacity as I?lanner in, the Marana
Planning Department, and on behalf of his marital community; Francisco Rodriguez,
individually, in his official capacity as Building Inspector in the Marana Planning Deparnzaent,
and on behalf of h;is marital community; and .lohn Does I-V and Banc Uoes I-V, in their official
capacities as employees oi`the Town ofMarana.
CITAL
1. Timothy Widgex (`°'OVidger°'} is a residexat of Arizona and President o#' Acacia Nursery,
inc. ("Acacia"), an Arizona corporation that operates a plant nursery and tree farm at
SOSQ W. Tangerine Road in Marana, Pima County, Arizona.
~, Widget and/or Acacia Rnay have the right to assert legal action against the Town of
Marana; 1-~olly Orloff, individually, in her official capacity, and against her marital
community, Rabert Clenc~cnts, individually, in his o#~tial capacity, aztd against his
marital community; Francisco Rodriguez, individually, in his official capacity, and
against his marital community; and .loltn Does I-V and Jane Does I.V, in their official
capacities as employees of the 'town of Marana (collectively, the "Mazalia Group„}, for
claims including, but not lirn,ited to, an Equal Protection claim under 42 LT.S.C. § 1983
and a violation. of Fourth Amendment Rights claim also under 42 U.S.C. ~ 19$3, arising
out of or dating to the Mararta Group's actions with respect to an improper search at'
Widget's and/or Acacia's property and discrinninatory enforcement of the law against
Widget and/or Acacia.
3. The Marano Group desires to avoid having Widgcr and/or Acacia file any such Legal
action against it, to preserve 'VUidger's and/or Acacia's rights against the Mar~~a Group,
and to toil airy statutes of limitations applicable to any claims that Widget and Acacia
may have against the Zvlarana Group until November 1, 2009.
4. The parties hereto, liar promises made and other valuable Consideration had and received
from one another, stipulate and covenant that any filing deadlines based on any statutes
of limitation. that maybe applicable to tlxe commencement of a lawsuit by 'Widgex and/or
Acacia against the Marano Cxroup for claims including, but not limited to, claiams under
42 U.S.C. § 1983, is hereby extended, waived, and tolled From the date of execution of
this agrc;ement up to and through November 1, 2009. The parties agree that the purpose
of this agreetnent is to preserve the status quo of their respective legal positions while
they work ou amicable resolutions of any issues they may have.
S. The parties hereto further agree that soy defenses, equitable ar otherwise (including, but
not limited to, equitable estoppel, waiver, lathes) that may have existed as of the date of
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APR 21 2005 14:43 FR 9NELL WIENER TUC 2 520 884 1294 TO 5207449564 P.03
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execution of this agreement will not be affected by this agreement and remain available '~, ~Yx
far assertion by any party hereto ug to and through November 1, 20x9.
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~. The parties hereto represent and warrant that the persons executing this agreernertt an ~ `"
their respective behalf are so authorized to enter into, band, and to execute tlus agreerrcent ~~
acrd each intends drat its xepresentatians and vvgrranties be relied ugazt. ,
DATED this s~ day of April, 2009. ~ ~~: 5 /'_` ,
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. ' By: Mayor of Maxana ,> ~--~~- ~ - „~
TOWTI OF Ib1ARAIVA j`' / ; ' ~,
For John and x e s -V in their official capacities t._` , ~'
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By; Mayor of Marano
G'
HOLLY ORLOk'F ,
' In her individual and official capacities and an behalfof her marital community
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y' Hol Orloff 1
ROB>rRT CLEME~TTS ~ ~~
~ - iw'dual af'fi c ~ ",
hies on behalf of his marital community ' ~,
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y: Robert Cle nts
FRANCISCO1101=}RIGUEZ
1 c individual an c' 1 capacities and on behalf of his marital community ,;
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Fraricis+co Rodriguez ~~
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TIMOTHY WIT~4GER ANl7 ACACIA NURSERY, INC. ~ g
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