Laserfiche WebLink
South Bend Redevelopment Commission <br /> Regular Meeting—February 28, 2013 <br /> 6. NEW BUSINESS <br /> B. Airport Economic Development Area <br /> (1) Commission approval requested for Confidential Settlement Agreement related to <br /> environmental claims at the former Studebaker Corporation property <br /> Ms. Kolata noted that our environmental attorneys, Plews Shadley Racher& Braun, have <br /> negotiated a Confidential Settlement Agreement with Cooper Industries LLC and their <br /> insurers related to environmental claims made by the Commission concerning the former <br /> Studebaker Corporation property. Cooper and its insurers are willing to pay the <br /> Commission and the City of South Bend an amount that has been approved by our Legal <br /> Department to settle this claim. This Agreement covers Cooper Industries LLC and its <br /> insurers and settles all claims related to this matter. Staff recommends approval of this <br /> Confidential Settlement Agreement. <br /> Ms. Kolata added that the lawsuit was filed in 2003, against Studebaker Corporation. That <br /> became a lawsuit against Cooper Industries LLC because they had purchased much of <br /> Studebaker and were the successor. It has been a very difficult negotiation. There is also an <br /> ongoing lawsuit with Oliver Industrial Park and we have had several settlements already and <br /> there is one outstanding that should be brought before the Redevelopment Commission <br /> within the next 30 days. The effort to reach the agreement on the negotiations and collect <br /> money from the companies that have caused the environmental problems has been difficult. <br /> Plews Shadley Racher& Braun has been super with a good working relationship but also <br /> stick-to-it-iveness. With us today is Thao Nguyen, who is one of the prime litigators, Dan <br /> Cory who was able to research where the equipment was within the building that caused the <br /> pollution that caused the problem. There is documentation with photos showing where <br /> certain degreasers were and the resulting problems in the soil. Also from Indianapolis, In., <br /> George Plews, the head of the firm, a wonderful person and negotiator to work with, and <br /> managing partner Jeff Featherstone who has been a very key player in all of the <br /> negotiations. The team that came together over the years included: Chuck Leone from City <br /> Attorney, and now, Aladean DeRose. We are asking the Redevelopment Commission to sign <br /> an agreement that you are not seeing. Staff recognizes that is an unusual request, but we <br /> hope we will eventually be able to share an amount, not for a specific agreement but the <br /> total of all agreements. <br /> Mr. Alford noted that in his three or four years of being on the Redevelopment Commission, <br /> this is the first confidential document that has come before the Commission. Ms. Kolata <br /> responded that it has happened before; however, the most recent time may have been in <br /> 2010, related to the Oliver Plow Works case. <br /> Mr. Varner noted that at some point there will be an allocation of these funds which will <br /> indicate the amount that has been received. Ms. Kolata responded that one of the <br /> advantages is that the appropriation will be a composite of all the settlements; we won't <br /> know who put in what, and how much was put in by any one settlement. <br /> 6 <br />