HomeMy WebLinkAboutResolution 2009-182 Tolling Agreement extension with Timothy Widger and Acacia NurseryMARANA RESOLUTION N0.2009-182
RELATING TO RISK MANAGEMENT; AUTHORIZING THE MAYOR TO EXECUTE A
TOLLING AGREEMENT EXTENSION WITH TIMOTHY WIDGER AND ACACIA
NURSERY INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, Arizona, that the Tolling Agreement extension 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 Doe's I through V in their official capacities.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of October, 2009.
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Mayor d onea
ATTEST:
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'fW Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
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`~' ~ank Cassidy, Town Attorney
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TOLLING AGREEMENT
This Tolling Agreement, effective upon the date designated below, is between Timothy
Widger, an individual; Acacia Nursery, Inc., an Arizona corporation; the Town of Marana, a
political subdivision of the State of Arizona; Holly Orloff, as an individual, in her official
capacity as Zoning Inspector in the Marana Planning Department, and on behalf of her marital
community; Robert Clements, individually, in his official capacity as Planner 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 Department,
and on behalf of his marital community; and John Does I-V and Jane Does I-V, in their official
capacities as employees of the Town of Marana.
RECITALS
1. Timothy Widger ("Widger") is a resident of Arizona and President of Acacia Nursery,
Inc. ("Acacia"), an Arizona corporation that operates a plant nursery and tree farm at
8080 W. Tangerine Road in Marana, Pima County, Arizona.
2. Widger and/or Acacia -may have the right to assert legal action against the Town of
Marana; Holly Orloff, individually, in her official capacity, and against her marital
community; Robert Clements, individually, in his official capacity, and against his
marital community; Francisco Rodriguez, individually, in his official capacity, and
against his marital community; and John Does I-V and Jane Does I-V, in their official
capacities as employees of the Town of Marana (collectively, the "Marana Group"), for
claims including, but not limited to, an Equal Protection claim under 42 U.S.C. § 1983
and a violation of Fourth Amendment Rights claim also under 42 U.S.C. § 1983, arising
out of or relating to the Marana Group's actions with respect to an improper search of
Widger's and/or Acacia's property and discriminatory enforcement of the law against
Widger and/or Acacia.
3. The Marana Group desires to avoid having Widger and/or Acacia file any such legal
action against it, to preserve Widger's and/or Acacia's rights against the Marana Group,
and to toll any statutes of limitations applicable to any claims that Widger and Acacia
may have against the Marana Group until May 1, 2010.
4. The parties hereto, for 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 may be applicable to the commencement of a lawsuit by Widger and/or
Acacia against the Marana Group for claims including, but not limited to, claims under
42 U.S.C. § 1983, are hereby further extended, waived, and tolled from the date of
execution of this agreement up to and through May 1, 2010. The parties agree that the
purpose of this agreement is to preserve the status quo of their respective legal positions
while they work on amicable resolutions of any issues they may have.
5. The parties hereto further agree that any defenses, equitable or otherwise (including, but
not limited to, equitable estoppel, waiver, laches) that may have existed as of the date of
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execution of this agreement will not be affected by this agreement and remain available
for assertion by any party hereto up to and through May 1, 2010.
6. The parties hereto represent and warrant that the persons executing this agreement on
their respective behalf are so authorized to enter into, bind, and to execute this agreement
and each intends that its representations and warranties be relied upon.
DATED this ZO day of October, 2009.
TOWN OF MARA A
By: Mayor o a an
TOWN OF MARANA
For John and Jane D e I-V in their official capacities
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By: Mayor of arana
HOLLY ORLOFF
In her individual and official capacities and on behalf of her marital community
By: Holly rloff
ROBERT CLEMENTS
In his i~tElividual and of
FRANCISCO RODRIGUEZ
on behalf of his marital community
' indiv//i4pdunnal an fficial capacities and on behalf of his marital community
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.Francisco Rodriguez
TIMOTHY WIDGER AND ACACIA NURSERY, INC.
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By: Timothy Widger
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