HomeMy WebLinkAboutResolution 2017-075 Approving Mayor to sign settlement agreement with CalPortland Co. and D.R. Horton, Inc MARANA RESOLUTION NO, 2017-075
RELATING TO DEVELOPMENT; APPROVING AND AUT ORIZINCs THE MAYOR. TO
SIGN THE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS WIrrH
C.ALPORTLAND COMPANY .AND D. R. HORTON, INC.
WHEREAS AS a previous developer of the development project formerly known as Saguaro
Springs and now known as Saguaro Bloom entered into certain easement agreements with
CalPortland Company in 2003 and 2005 (the "Original Easement"); and
WHEREAS CalPortland signed and recorded a notice of termination of the Original
Easement in 2008; and
WHEREAS D. R. Morton, Inc. is the current developer of Saguaro Bloom; and
WHEREAS Town staff, CalPortland, and D. R. Horton, Ince have negotiated the terms of
a "Settlement Agreement and Release of Claims,97 which provides for the granting of a new
easement upon the developer's completion of certain corrective work and the satisfaction of
other terms as set forth in the Settlement Agreement and Release of Claims; and
WHEREAS the new easement will be granted to the Town to accommodate public
drainage and utility easements through property owned by CalPortland and used for a haul road
and conveyor belt associated with CalPortland's mining operations; and
WHEREAS aAS the Mayor and Council find that entering into the Settlement Agreement and
Release of Claims is in the best interest of the Town and its citizens.
NOW, THEREFORE, BE IT RESOI..rVED BY THE MAYOR AND COUNCIL OF rFHE
``OWN OF MA.RANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Settlement Agreement and Release of Claims is hereby approved.
SECTION 2. The Mayor is hereby authorized and directed to sign the Settlement
Agreement and Release of Clairns in substantially the form provided in the backup materials
accompanying this agenda item, for and on behalf of the Town of Marana.
SUCTION 3. The Town Manager is hereby authorized to sign the new easement in
substantially the form attached as Exhibit F to the Settlement Agreement and Release of Claims
provided in the backup materials accompanying this agenda item.
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Marana Resolution No.2017-075 7/20/2017 4:271'M
SECTION 4. The various Town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this resolution and the Settlement
Agreement and Release of Claims.
PASSED AND ADOPTED BY 'THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this I" day of August, 20 17.
Mayor Ed Honea
ATTESTS APPROV AS O FORM:
celyn C. Inson, Town Clerk Fr nk Ca y, Town Att ney
MARANA AZ
ESTABLISHED 1477
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Marana Resolution No.2017-075 - 2 - 7/20/2017 4:27 PM