HomeMy WebLinkAbout2007-06-25 07-237 RESOLVEItem No, 07 237
Data: 625-e7
Item/Subject: Resolve, Authoring the City Manager to Execute First Amendment to
Settlement Agreement and General Release — Citizens Communications
Company
Responsible Department: legal
The City of Bangor and Citizens Communications Company entered into a Settlement
Agreement and General Release on or about February 16, 2007 to settle litigation
between the partles regarding the coal tar contamination of the Penobscot River. The
Settlement Agreement provided that the effectiveness of the Agreement was contingent
upon the entry by the Federal Court of a Consent Decree with DEP within a 120 -day
period, by June 18, 2007. The parties did enter into a Consent Decree which has been
approved and entered by the Court; however, there is now a Motion to Reconsider the
entry of the Consent Decree filed by a third party to the pending litigation. This has
created an issue as to the question of "final entry" and its impact on deadlines.
As a result, the parties need an extension of the 120 -day period provided for in the
Settlement Agreement for another 60 days in light of the fling of the Motion to
Reconsider. Because of time constraints, the City Manager executed a First Amendment
to Settlement Agreement and General Release.
This Resolve will ratify the City Manager's actions.
Department Head
Recommend approval
Qty Manager
Associated Information: Resolve, Amendment
Rudget Approval:.
Fnance Director
Legal Approval: r
'� QtySditltor
Introduced for U
X Passage
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Final: Reading Page _ of _
Referral
Aooiynea to nowciJor a•eraco
CITY OF BANGOR
07 237
June 25, 2007
MILE.) Resolve, Authorizing the City Manager to eketute First Amendment to Settlement
Agreement and General Release — Citizens Communications Company
WHEREAS, the City of Bangor and Citizens Communications Company entered into a
Settlement Agreement and General Release on or about February 16, 2007 to
settle litigation between the parties regarding the coal tar contamination of the
Penobscot River; and
WHEREAS, said Settlement Agreement provided that the efiectivertess of the Agreement was
contingent upon the entry of a Consent Decree with DEP within a 120 period, by
June 18, 2007; and -
WHEREAS, the City of Bangor, DEP, and Citizens Communications Company have entered into
a Consent Decree which has been approved and entered by the Court, but there is
now a Motion to Reconsider the entry of the Consent Decree filed by a third parry
to the pending litigation creating an Issue as to the question of "final entry"; and
WHEREAS, the City of Bangor and Ctizens Communications Company accept the terms and
conditions of the Settlement Agreement and the Consent Decree but breed an
extension of the 120 day period provided for in the Settlement Agreement for
another 60 days in light of the filing of the Motion to Reconsider; and
WHEREAS, because of time constraints, the City Manager executed a First Amendment to
Settlement Agreement and General Release.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BANGOR
THAT
the City Managers execution of the attached First Amendment to Settlement Agreement and
General Release is hereby ratified.
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FEST AMENDMENT TO SETTLEMENT
AGREEMENT AND GENERAL RELEASE
Ttds First Amendment to Sehleramt Agreement and Coastal Release(tbe`Tust
AmeMmestf) is made effmtiveJme 14, 2007, by the City ofBanWr, Maine (the "City") wed
Citizens Covunmicarions Company ("Citizens').
WHEREAS, the City and Citizens mterd into a Sediment Agreement and General
Release on or about Febnmry Ib, 2007 (the "Agreement); test
WHEREAS, the City aM Citizens wisb at amend the Agreement as provided in this fist
Amendment;
NOW, THEREFORE, in exchange for the mutual covenants contained herein and other
good and valuable consideration, the receipt aM sufficiency of which the parties hereby
acknowledge, the Ageetamt is hereby amended as follows:
1. Tito 12p ay time period set froth in pang,yell Ila), and referenced elsewhere in the
ABremtmt shell be extended by W days, to August 13,2M7;
2. The Comment Deerse sball be domed to have been finally uttered on the date when the
last pending motion for reconsideration pertaining to the Consent Dara is denied; and
3. All other leans of the Agrennent net inemuisteelt with this Fust Amendment we hereby
mtifiel and affirmed.
For the City of Baal;or: For Chkms Commualeatlons Company: