File #: 14-2051    Version: 1 Name: Settlement of Watrshed Corporation
Type: Resolution Status: Filed
File created: 11/26/2014 In control: Law
On agenda: 12/3/2014 Final action: 12/3/2014
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Settlement of Civil Litigation Docket No.: A-4258-13T2 and ESX-L-006649-12 Claimant: Newark Watershed Conservation and Development Corporation Claimant's Attorney: Eric T. Kanefsky, Esq. of Calcagni & Kanefsky, the New Jersey Office of Harris, O'Brien, St. Laurent & Chaudhry LLP Attorney's Address: One Newark Center, 1085 Raymond Boulevard., Newark, New Jersey 07102 Settlement Amount: $337,500.00 (Three Hundred Thirty Seven Thousand Five Hundred Dollars and Zero Cents Funding Source: Insurance Commission Trust Fund Additional Comments: Invitation: Corporation Counsel, December 2, 2014
Sponsors: Augusto Amador, Carlos M. Gonzalez
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: A-4258-13T2 and ESX-L-006649-12
Claimant: Newark Watershed Conservation and Development Corporation
Claimant's Attorney: Eric T. Kanefsky, Esq. of Calcagni & Kanefsky, the New Jersey Office of Harris, O'Brien, St. Laurent & Chaudhry LLP
Attorney's Address: One Newark Center, 1085 Raymond Boulevard., Newark, New Jersey 07102
Settlement Amount: $337,500.00 (Three Hundred Thirty Seven Thousand Five Hundred Dollars and Zero Cents
Funding Source: Insurance Commission Trust Fund
Additional Comments:
Invitation: Corporation Counsel, December 2, 2014
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WHEREAS, a Settlement Agreement is proposed by and between the CITY OF NEWARK ("City") and NEWARK WATERSHED CONSERVATION AND DEVELOPMENT CORPORATION ("NWCDC") (collectively, the "Parties"); and

WHEREAS, the NWCDC is a separate, independent entity initially created to manage the City's watershed properties and later, to operate the Pequannock Water Treatment Plant pursuant to a Memorandum of Understanding; and

WHEREAS, on June 20, 2012, the Newark Municipal Council (the "Council") passed a Resolution requesting that the former Administration advise the Council of its plan to address management of the watershed at the expiration of the contract term on June 30, 2012; and

WHEREAS, on September 11, 2012, the City granted the NWCDC a six (6) month extension of the contract to continue operating the Pequannock Water Treatment Plant; and

WHEREAS, on October 1, 2012, an Executive Order was issued declaring a state of emergency; and thereafter the NWCDC's contract was extended; and

WHEREAS, on September 6, 2012 the City through the Corporation Counsel and/or her designee, ("Outside Counsel") filed an Order to Show Cause and Verified Complaint in Lieu of Prerogative Writ, seeking to ...

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