15.A.
City Council Meeting - FINAL
- Meeting Date:
- 01/20/2015
- From:
- Neil Gullickson, Planning Development Manager
Information
TITLE:
Consideration and Approval of an Amendment to Settlement and Release Agreement: Canyon Del Rio.
RECOMMENDED ACTION:
-
Approve the Amendment to Settlement and Release Agreement between the Canyon Del Rio Investors, LLC and the City of Flagstaff, AZ, authorize the City Manager to sign the amendment and any other necessary and appropriate documents, and authorize staff to take other actions as needed to further the Council direction.
Policy Decision or Reason for Action:
In 2008, CDR filed suit against the City of Flagstaff in Coconino County Superior Court seeking declaratory relief, monetary damages, and injunctive relief relative to CDR property. This suit relates to the appropriate Zoning Code to be used to allow CDR to proceed to plan and develop its property.
In 2010, the City of Flagstaff filed suit against CDR in Maricopa County Superior Court seeking monetary damages relating to CDR property; CDR filed counter claims. This suit relates to CDR reimbursing the City for past improvements to Butler Avenue.
In 2013, the Council reviewed and approved a Settlement and Release Agreement. The agreement outlined the development review process forward, including proposals for new zoning districts, review process, disposition of the pending lawsuits, assurance for payment of monetary damages and would toll the two law suits.
Both lawsuits remain tolled and are still pending.
If the Council approves this Amendment to Settlement and Release Agreement, the existing Notice of Tentative Settlement and Stipulation to Stay Action will remain active.
Subsidiary Decisions Points:
There are no additional decision points relating to this Amendment.
In 2010, the City of Flagstaff filed suit against CDR in Maricopa County Superior Court seeking monetary damages relating to CDR property; CDR filed counter claims. This suit relates to CDR reimbursing the City for past improvements to Butler Avenue.
In 2013, the Council reviewed and approved a Settlement and Release Agreement. The agreement outlined the development review process forward, including proposals for new zoning districts, review process, disposition of the pending lawsuits, assurance for payment of monetary damages and would toll the two law suits.
Both lawsuits remain tolled and are still pending.
If the Council approves this Amendment to Settlement and Release Agreement, the existing Notice of Tentative Settlement and Stipulation to Stay Action will remain active.
Subsidiary Decisions Points:
There are no additional decision points relating to this Amendment.
Financial Impact:
The funds currently held in an escrow account will be released. The payment of these funds will be secured by promissory note and Deed of Trust.
Release of the funds in the escrow account will require the payment of $21,861.10 impact analysis review fees.
Release of the funds in the escrow account will require the payment of $21,861.10 impact analysis review fees.
Connection to Council Goal and/or Regional Plan:
COUNCIL GOALS:
1. Effective governance
1. Effective governance
Has There Been Previous Council Decision on This:
Yes, Council approved the initial Settlement and Release Agreement on May 7, 2013.
Options and Alternatives:
Council may choose to either modify or deny the Amendment to Settlement and Release Agreement.
If the agreement is denied, the applicant may choose not to move forward with the entitlement application. In which case, both the Coconino and Maricopa County lawsuits may be revived.
If the agreement is denied, the applicant may choose not to move forward with the entitlement application. In which case, both the Coconino and Maricopa County lawsuits may be revived.
Community Involvement:
Inform