Report to Carson Reclamation Authority
Tuesday, October 01, 2019
Discussion
SUBJECT:
Title
CONSIDER A CARSON TRANSFER STATION AGREEMENT WITH USA WASTE OF CALIFORNIA, INC. ("USA WASTE") AND THE CITY OF CARSON RELATED TO A SETTLEMENT AGREEMENT BETWEEN THE CITY OF CARSON, USA WASTE, AND WASTE RESOURCES TECHNOLOGY ("WRT") (CARSON RECLAMATION AUTHORITY)
Body
I. SUMMARY
This action by the Carson Reclamation Authority Board would consider a "Carson Transfer Station Agreement" ("Agreement", shown as Exhibit "A") between the City and USA Waste, which is incorporated into a Settlement Agreement between the City, USA Waste and the City's new franchise waste hauler, WRT. The Carson Transfer Station Agreement, however, is a stand-alone agreement, and Section 6 of the Agreement contemplates that if the City were to consider making an offer on certain USA Waste property adjacent to or near the current transfer station, the actual real property transaction would be undertaken by the CRA and not the City due to the potential for contamination. Therefore, the CRA would need to be a party to the Agreement.
This action (option) does not bind the CRA to acquire any property or undertake any site investigation or remediation; it only provides that if the parties do reach an agreement on the acquisition of such property and can complete an assemblage with adjacent non-USA Waste properties, the transaction(s) through Purchase and Sale Agreements would be approved by the CRA Board and property title would be taken in the name of the CRA, not the City. Any transaction would need to be mutually beneficial and would also likely have a third-party, private developer as part of the deal.
Litigation Background
Since March 2018, the City has been party to several litigation pieces relating to its award of an exclusive solid waste hauling franchise to WRT. The City's former franchised hauler, USA Waste, has challenged the City's award of franchise to WRT and the transition of certai...
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