10-24-16 Regular Meeting of the La Porte City Council

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SETTLEMENT AGREEMENT BETWEEN USOR SITE PRP GROUP AND CITY OF LA PORTE, TEXAS FOR THE USOR SITE This agreement is made as of the date stated on the Execution Page between and among the parties WHEREAS, the USOR Site PRP Group (as defined in Section 1.13 herein) has incurred and will continue to incur response costs at the USOR Site (as defined in Section 1.11 herein) for the work required under the Removal Action AOC (as defined in Section 1.6 herein) and the AOI-1 RI/FS AOC (defined in Section 1.1 herein); WHEREAS, the USOR Site PRP Group contemplates further negotiations with EPA with respect to WHEREAS, the USOR Site PRP Group has asserted CERCLA (as defined in Section 1.2 herein) and TSWDA (as defined in Section 1.10 herein) cost-recovery and contribution claims against City of La Porte, Texas City of La Porte costs with respect to the USOR Site in the case styled USOR Site PRP Group v. A&M Contractors, et al., No. 4:14-cv- herein); WHEREAS, City of La Porte, pursuant to this Settlement Agreement, is paying a fixed and specific sum to fully and completely settle its potential liability for Covered Matters at the USOR Site; WHEREAS, the Settling Parties deny all liability at the USOR Site; NOW, THEREFORE, in consideration of the foregoing, the Settling Parties mutually agree as follows: 1. Definitions. As used in this Settlement Agreement, all defined terms shall have the meanings set forth below: 1.1 AOI-1 RI/FS AOC -03-15, between the USOR Site PRP Group and EPA related to a remedial investigation and feasibility study for the Area of Interest 1, the 400 North Richey Area of Investigation of the USOR Site. 1.2 CERCLA shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 et seq. 1.3.1 Covered Matters shall mean all claims against City of La Porte for the following: (a) all past, present, and future costs of whatever nature (including expert and counsel fees, EPA and any other federal and state agency oversight costs) incurred or to be incurred by the USOR Site PRP Group, the United States, and the State of Texas, related to the investigation, remediation and/or restoration of the USOR Site, including, without limitation, for Response Costs; June 6, 2016