Report to Carson Reclamation Authority
Monday, December 04, 2023
Consent
SUBJECT:
Title
CONSIDER THIRD AMENDMENT TO A SETTLEMENT AGREEMENT WITH RE|SOLUTIONS, LLC
Body
I. SUMMARY
In November 2022, the Carson Reclamation Authority ("Authority") entered into a Settlement Agreement ("Agreement") with RE|Solutions, LLC, a Colorado limited liability company ("RES"), which provided for the termination of the DMA (defined below) and the orderly wind-down of RES's responsibilities for the 157 Acre Site.
On July 12, 2017, the Parties entered into an Environmental Remediation and Development Management Agreement (the "Original DMA"), which provided for, among other things, RES to provide for all the environmental and development management services required by the Authority for the former Cal-Compact Landfill (the "Property" or "157 Acre Site"). On June 20, 2019, the Parties entered into an Amended and Restated Environmental Remediation and Development Management Agreement (the "DMA"), which amended, restated, and superseded all provisions under the Original DMA for the development of Cell 2 (the "CAM Project") and other cells on the Property (the "Remainder Cells").
The CAM Project has been subject to litigation involving CAM-Carson, LLC ("CAM") for several years, and CAM and the Parties are working toward settling the litigation ("CAM Litigation") and on the potential return of CAM to the CAM Project.
The Parties entered the Agreement to provide for (a) the transition of the management of the Property from RES to the Authority or its designee, (b) the termination of the DMA, and (c) the execution and delivery of certain Release Agreements to fully and finally resolve the CAM Litigation (in the event CAM returns to the CAM Property).
This extension and amendment recognize that RES has been tasked with predevelopment work on the construction of Lenardo Road as well as the coordination of sitewide plans and other environmental issues related to the private develop...
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