Report to Mayor and City Council
Tuesday, October 16, 2018
Consent
SUBJECT:
Title
CONSIDER A LETTER AGREEMENT WITH ORRICK, HERRINGTON & SUTCLIFFE LLP ("ORRICK"), TO SUPPLEMENT THE EXISTING CONSULTING AGREEMENT WITH ORRICK REGARDING THE FILING AND PROCESSING OF A VALIDATION ACTION TO OBTAIN A COURT'S DETERMINATION ON THE LEGAL ENFORCEABILITY OF CERTAIN TRANSACTIONAL AGREEMENTS AMONG THE CARSON RECLAMATION AUTHORITY, THE CITY OF CARSON, AND CAM-CARSON, LLC (CITY COUNCIL)
Body
I. SUMMARY
The City of Carson ("City") entered into a statutory Development Agreement dated September 6, 2018, with CAM-CARSON, LLC, a Delaware limited liability company ("Developer"), for the development of Cell 2 of the 157-acre parcel owned by the Carson Reclamation Authority ("Authority"), formerly known as the Cal-Compact Landfill ("Site"), into a high end fashion outlet mall (the "Project").
Concurrent with the Development Agreement, the City and Authority entered into a Cooperation Agreement for the reimbursement of sales taxes to help fund public infrastructure on behalf of the City, and other development costs, in order to make the Site developable, the Authority entered into a Conveyancing Agreement with Developer for the conveyance of approximately 41 net acres of the surface lot of Cell 2 of the Site ("Cell 2"); the City and Authority entered into an Agreement to Undertake Validation Action and Reimbursement Agreement II with Developer ("Validation and Reimbursement Agreement"), each of which were approved by the City and Authority at a public hearing held on September 4, 2018.
The Development Agreement, the Cooperation Agreement, and the Conveyancing Agreement, are collectively referred to as the "Project "Agreements".
The City and Authority previously engaged the consulting services of Orrick pursuant to a letter agreement, dated March 29, 2018, due to the complexity of the Project Agreements and their interconnectedness and for a legal opinion regarding the question of ...
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