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HomeMy Public PortalAboutC-17-030 - Sywest Development, LLC and South Bay Carson, LLC Amendment No. 1, Reimbursement Agreement 20151 S. Main St.AMENDMENT NO. I TO REIMBURSEMENT AGREEMENT THIS AMENDMENT NO. 1 TO REEABURSEMENT AGREEMENT ("Amendment") is executed this 1st day of May, 2020 ("Effective Date), by and between the CITY OF CARSON, a charter city and municipal corporation ("City"), and SYWEST DEVELOPMENT, LLC, a California limited liability company and SOUTH BAY CARSON, LLC, a California limited liability company (collectively "SyWest"). City and SyWest may be referred to, individually or collectively, as "Party" or "Parties" RECITALS WHEREAS, in 2013, South Bay Carson, LLC as owner of that certain real property hereinafter described and SyWest Development, LLC (collectively "SyWest"), acting on behalf of Enterprise Rent-A-Car Company of Los Angeles, LLC ("Enterprise"), applied for and was granted Conditional Use Permit No. 940-13, Relocation Review No. 3047-13 and Resolution No. 13-099 (collectively the "Original CUP") which permitted, for an initial term of four (4) calendar years. the use of an approximately 24.65 acre site previously used as an organic refuse landfill, drive-in theater and auto -auction, whose common street address is 20151 South Main Street, Carson, California (the "Property"), as and for the storage of rental cars, including as a regional rental car storage hub, and the relocation of certain modular office buildings on that portion of the Property zoned ML-ORL-D; and WHEREAS, the Original CUP was duly approved and adopted by the Carson City Council on October 21, 2013; and WHEREAS, Interim Urgency Ordinance Nos. 15-1575U and 16-1578U (collectively, the "Stadium Moratorium") enacted a moratorium on the establishment, expansion, modification or new development within the six (6) planning study areas within the City of Carson; and WHEREAS, in or about 2017, SyWest requested an extension of the Original CUP beyond October 21, 2017 and further requested that such extension of the Original CUP be deemed subject to the "exemption" provision(s) of the Stadium Moratorium (the "CUP Extension Request"); and WHEREAS, the Original CUP required, among other conditions of approval, that SyWest would, within three (3) years of approval of the CUP, enter into an agreement with the appropriate regulatory agency (e.g., Department of Toxic Substance Control) (the #"DTSC") to commence steps necessary to support the cleanup and reuse of the Property for new development; and WHEREAS, staff has contended that SyWest failed or refused to comply with this condition of the Original CUP and SyWest requested additional time to complete this task concurrently with City's update to its General PIan (the "DTSC Dispute"); and WHEREAS, SyWest has contended and advised staff that in order to fulfill this remediation condition of the Original CUP a proposed plan for redevelopment and long term use of the Property is required to first be processed, considered and approved by the City. 01007.00196M76 1 and SyWest and the City desired to confirm how this DTSC Dispute would be addressed moving forward; and WHEREAS, the Original CUP required, among other conditions of approval, that SyWest would develop, implement, and maintain a landscaping plan to assure an aesthetically appropriate appearance surrounding the Property; and WHEREAS, staff contended that certain areas of the existing landscaping around the Property were in disrepair and needed to be replaced and SyWest requested additional time to complete this task ("Landscape Dispute"); and WHEREAS, City and SyWest desired to fully and finally resolve the Landscape Dispute and the DTSC Dispute in order to avoid litigation between them arising out of such disputes, and without acknowledging fault or responsibility in connection with the positions of any party in such disputes; and WHEREAS, City has initiated a General Plan update process that has the potential to ultimately change and/or affect the land use(s) and land use designation(s) on properties within the City of Carson, including the Property and other properties in the surrounding trade area; and WHEREAS, in connection with the Parties' attempt to fully and finally resolve the DTSC Dispute, the Landscape Dispute, and the CUP Extension Request (collectively the "Disputes"), to avoid litigation between them arising out of such Disputes, and without acknowledging fault or responsibility in connection with the positions of any party in such Disputes, on September 5, 2017, the City Council adopted Resolution 17-120 ("Compliance Resolution") which served as an attempt to effectuate the foregoing, and which also extended the compliance period under the Original CUP until October 31, 2020; and WHEREAS, the Parties entered into that certain Reimbursement Agreement dated August 30, 2017 ("Agreement") for Sywest to reimburse City the full and reasonable costs incurred in resolving the Disputes and in documenting resolutions of the same, including, without limitation, City costs and fees associated with negotiating and preparing the Compliance Resolution; and WHEREAS, in connection with Enterprise's proposed use of the Property, Sywest has been seeking to develop the Property with two large scale industrial buildings; and WHEREAS, Sywest has hired consultants to assist in the design, environmental, and cost related issues typical of former landfill sites, and further has been prepared to enter into discussions with the appropriate regulatory agency to resolve the DTSC Dispute; and WHEREAS, Sywest has also addressed the Landscape Dispute by continuing to maintain the landscaping by a professional landscape company and replacing the landscaping if they are deemed unhealthy by the landscape maintenance company; generally the appearance of the landscaping is acceptable; and WHEREAS, Sywest was in the process of finalizing plans for the two industrial buildings in order to submit a package to the City's Planning Division for processing. 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