Title
Settlement Approval: GLWA v Red Cap Distribution Center, Inc.; Red Cap Transportation, Inc. and C2 Transport, Inc.
Body
Agenda of: January 16, 2020
Item No.: 2020-022
Amount: N/A
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Randal M. Brown, General Counsel
DATE: January 17, 2020
RE: Settlement Approval: GLWA v Red Cap Distribution Center, Inc.; Red Cap Transportation, Inc. and C2 Transport, Inc.
MOTION
Upon recommendation and opinion of Randal M. Brown, General Counsel, the Board of Directors (Board) for the Great Lakes Water Authority (GLWA):
1) Agrees to settle the matter of GLWA v Red Cap Distribution Center, Inc.; Red Cap Transportation, Inc. and C2 Transport, Inc. consistent with an attorney-client communication; and
2) Authorizes the Chief Executive Officer to take such other action as may be necessary to accomplish the intent of this vote.
JUSTIFICATION
This property is needed by Wastewater Operations to complete the Water Resource Recovery Facility’s Third Electrical Feed. Both parties accepted the case evaluation of $115,000.00 award. Per the Uniform Condemnation Procedures Act, the property owner is entitled to interest, attorney fees and experts fees as well.
BUDGET IMPACT
This purchase was anticipated in Wastewater Operations Budget.
COMMITTEE REVIEW
The matter was reviewed by the Legal Committee in a closed session on December 19, 2019.
SHARED SERVICES IMPACT
This matter does not impact the Shared Services Agreement.