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<br /> <br />'\ <br /> <br />40 <br /> <br />- <br /> <br />pLEASANTONe <br /> <br />City Council <br />Staff Report <br /> <br />May 16, 2006 <br />Law Department <br /> <br />SETTLEMENT AGREEMENT CONCERNING TEMPORARY <br />CONSTRUCTION LICENSES <br /> <br />STAFF RECOMMENDATION: <br /> <br />SUBJECT <br /> <br />SUMMARY <br /> <br />Authorize the City Manager to sign the attached Agreement and to accept a <br />quitclaim deed from the A VS Ranch LLC. <br /> <br />The City and the owners of the Spotorno Ranch (A VS Ranch LLC) entered <br />into a License Agreement by which the City was provided a temporary <br />construction easement to use a portion of the Spotorno Ranch property in <br />connection with the construction of the Callippe Preserve Golf Course. The <br />compensation, however, for the use of this property was deferred. The <br />parties also held differences of opinion concerning whether other property <br />coterminous with the Spotorno Ranch property and the golf course was <br />owned by the Ranch or the City. Resolution of those differences were <br />likewise deferred to allow the parties an opportunity to negotiate the issue. <br />The parties have now reached agreement. The City will pay the Ranch <br />$50,000 to resolve all issues concerning the easement and the other <br />property. The City will also enclose two detention ponds on the golf course <br />property with a fence so that those ponds do not get contaminated and <br />potentially harm a spring on the Ranch property. <br /> <br />Honorable Mayor and Members of the City Council: <br /> <br />BACKGROUND <br /> <br />In order to construct portions of the Callippe Preserve Golf Course and Open Space project, the <br />City needed a temporary construction easement on the adjoining property, owned by A VS <br />Ranch LLC (the Spotorno property). The compensation for the City's use of this temporary <br />construction easement was deferred. In addition, the City and A VS Ranch held differences of <br />opinion concerning ownership of other property conterminous with the Ranch and the golf <br />SR:6:l46 <br />Page I <br />