Laserfiche WebLink
Director of Law to enter into an agreement with Carnegie Management and Development <br /> Corporation, in an amount not to exceed $ for the full and final <br /> settlement of all claims raised in and related to the Development and Use Agreement <br /> between the City of Lakewood and Carnegie Management and Development Corporation <br /> (the "Agreement"). (pg. 20) <br /> Director Corrigan noted that a substitution would be necessary to insert the settlement <br /> amount of$255,000. He outlined the settlement. He described the strict timeline that the city <br /> was under to demolish existing structures and deliver a clean site. He described significant <br /> environmental challenges that the city encountered and how it was eventually able to deliver <br /> a clean site on time. He noted disputes that took place regarding the environmental issues and <br /> the timing of site delivery. He added that as a result, the deal was terminated. In order to <br /> move forward with the development of the site, the city went into a day-long mediation on <br /> September 18'h with Carnegie and its counsel. At the end of that day, an agreement was <br /> struck where Lakewood would be able to move forward with the development of the site <br /> without any looming controversy. The city will be receiving surveys, geo-technical reports, <br /> residential market studies, and other work products created by Carnegie to develop the site. <br /> In exchange the city agreed to pay Carnegie the sum of$255,000. Both parties have agreed to <br /> end the relationship. The city can now move forward on developing the site in the very near <br /> future. <br /> Mayor George also noted that both parties have made a non-disparaging agreement. She <br /> added that the purpose of the settlement is to avoid costly and length litigation moving <br /> forward. <br /> Councilmember Shachner expressed concern about the lack of public comment on the issue <br /> and questioned whether the item could be referred to a committee for further discussion to <br /> inform the public. <br /> President O'Malley noted that the administration did do a press release on the settlement the <br /> previous week. Director Corrigan expressed a preference for adopt of the resolution that <br /> evening and that the deal was done in the best interest of the city and its ability to move <br /> forward with the site. Mayor George stated a referral would delay the process and the city's <br /> ability to move forward and generate tax revenue with the site. <br /> Councilmember Kepple stated her normal preference would be for more input from the <br /> public, however her thought is to focus that input on how the city moves forward, which this <br /> resolution allows the city to do. <br /> President O'Malley made a motion, seconded by Vice President Litten to amend Resolution <br /> 2020-62 by inserting "$255,000" into the first paragraph and Section 1 of the resolution. <br /> A roll call vote was taken as follows: <br /> Yeas —Bullock, Kepple, Litten, O'Malley, Neff, Shachner <br /> Abstain - Rader <br /> Nays —None <br />