Posted by: nevadansagainstgarbage | July 3, 2012

HERE IS THE PROPOSED JUNGO SETTLEMENT AGREEMENT

NOW THEREFORE, BE IT RESOLVED:
1) In accordance with the District Court’s December 7, 2011 Order granting Jungo’s Petition for Writ of Mandamus as amended on June 12, 2012 the BCC hereby:
a. Vacates the BCC’s decision reversing the Regional Planning Commission’s five-year extension of the Jungo CUP;
b. Dismisses the Dolan Appeal with prejudice based on the BCC’s lack of jurisdiction to hear the appeal; and
c. Reinstates the Regional Planning commission’s February 11, 2010 decision granting Jungo a five-year CUP extension, with the effective date of the extension being the date of the Writ Order, December 7, 2011.
2) County confirms that Humboldt County Question No. 1, approved in the November 2, 2010 election and certified by BCC on November 8, 2010 does not apply retroactively to the Jungo project so long as Jungo maintains a valid CUP issued by County.
3) County agrees to negotiate a host agreement in good faith on commercially reasonable terms and will not use the host agreement negotiations to add to or revise the terms of the CUP.
4) Within ten (10) days of the date of this Resolution the County shall effect payment to Jungo in the amount of two hundred twenty-five thousand and 00/100 dollars ($225,000) (“Settlement Payment”).
5) Within five (5) days of payment of the Settlement Payment, County authorizes its counsel to file with the District Court a stipulation for dismissal of the lawsuit with prejudice as to each Party, with each Party to bear their own court costs and attorney’s fees.
6) Within five (5) days of approval of this Resolution, County will execute a mutual compromise, settlement and release agreement consistent with the terms set forth in this Resolution.
Adopted this 9th day of July, 2012 by the Board of County Commissioners of Humboldt County.
____________________________________
Mike Bell, Chairman
Humboldt County Commission

You can read the entire document by clicking here. You can read the HCC Agenda by clicking here. This item is scheduled to be discussed and voted on at 3pm July 9 at the Humboldt County Courthouse Commission Meeting Room.

This site will post our take and commentary on the settlement proposal once there has been more time to study it.

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