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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 _ 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. IN MDta.wsduae� secs eo Passage e few a,—D7 as s 0L V ne.Ksea to cwaeiwe -a7 -2.' 7 _. 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: