Report to Carson Reclamation Authority
Monday, November 07, 2022
Consent
SUBJECT:
Title
CONSIDER A SETTLEMENT AGREEMENT WITH RE|SOLUTIONS, LLC
Body
I. SUMMARY
The Carson Reclamation Authority ("Authority") proposes to enter into a Settlement Agreement ("Agreement") with RE|Solutions, LLC, a Colorado limited liability company ("RES", together with the Authority, collectively, the "Parties"), which provides 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 of 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and Restated Environmental Remediation and Development Management Agreement (the "DMA"), which amended, restated, and superseded all provisions under the Original DMA for the development of Cell 2 (the "CAM Project") and other cells on the Property (the "Remainder Cells").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 seek 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 in order to fully and finally resolve the CAM Litigation (in the event CAM returns to the CAM Property).
II. RECOMMENDATION
Recommendation
1. APPROVE a Settlement Agreement with RE|Solutions, LLC.
2. AUTHORIZE the Chair to execute the document and related documents in a form acceptable to the Authority Co...
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