Amended City Council Regular

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ITEM 25.

Meeting Date:

02/09/2021


Subject:
*CONSIDERATION AND ACTION TO ENTER INTO AN AGREEMENT WITH THE TOHONO O’ODHAM NATION FOR THE DEVELOPMENT OF PROPERTY IN GLENDALE’S STRIP ANNEXATION AREA Presented by: Michael Bailey, City Attorney
Purpose and Recommended Action
The Nation and City desire to enter into this agreement to facilitate the development, construction, and operation of the proposed project, to confirm that the Parties desire to resolve in advance any disputes over the development of the proposed project that might arise between the City and the Nation and to address any issues with existing development agreements, including a release of the Property from any development agreements.
Background
The City entered into a Pre-Annexation Development Agreement for Loop 303 Phase 1 Utility Group, dated as of October 23, 2012 and recorded on October 31, 2012 in the Official Records of the Maricopa County Recorder (the “Official Records”) as Reference Number 20120989588, and re-recorded in the Official Records for the purpose of correction on February 1, 2013 as Reference Number 20130104447 (the “PADA”), with NPI and each of the other landowners that are parties to the PADA (collectively, the “Other Owners”); Under the terms of the PADA and A.R.S. § 9-500.05, the PADA has not yet become operative with respect to the Property because the Property has not been annexed to the City; The PADA does not require the City to annex any property, and includes the acknowledgment by NPI and the Other Owners that annexation of any property covered by the PADA is a legislative process to be considered by the City in its sole discretion acting in its governmental capacity;

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