Report to Carson Reclamation Authority
Wednesday, December 16, 2020
Discussion
SUBJECT:
Title
CONSIDER A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BY AND BETWEEN SL CARSON BUILDERS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("SLCB"), AND SNYDER LANGSTON, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("SL") AND RE I SOLUTIONS, LLC, A COLORADO LIMITED LIABILITY COMPANY ("RES")
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I. SUMMARY
These agreement settles a number of legal actions made against the CRA and its Horizontal Master Developer Developer, RE|Solutions, LLC, related to claims made by the prime civil general contractor, Snyder Langston Carson Builders, LLC, and its subcontractors related to work performed in 2019 under Work Orders 2 and 3. The Settlement contains a schedule of payments and release language by all parties.
Nearly all of this settlement is necessary because of the failure of CAM Carson, LLC to reimburse the CRA for work the CRA performed on its behalf in October, 2019. In addition to these amounts, the CRA is also owed approximately $3,279,000 it paid to Snyder Langston in October, 2019 for CAM work.
Only $150,000 of the $9,105,296 settlement is attributable to CRA Work under Work Order 3.
II. RECOMMENDATION
Recommendation
1. APPROVE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE BY AND BETWEEN SL CARSON BUILDERS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("SLCB"), AND SNYDER LANGSTON, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("SL") AND RE I SOLUTIONS, LLC, A COLORADO LIMITED LIABILITY COMPANY ("RES")
2. AUTHORIZE the Chairman or his/her designee to execute the Settlement Agreement, and all related documents in a form acceptable to the Authority Counsel, with any minor modifications approved by the Authority Counsel
1.
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III. ALTERNATIVES
TAKE any action the Board deems appropriate.
IV. BACKGROUND
In July, 2017, CRA and RES entered into a written "Environmental Remediation and Development Management Agreement," which was subsequently amended and restated in its entir...
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