As I mentioned yesterday, the City has officially shaken off the burden of SunCal and settled the lawsuit that SunCal had filed against the City after being ousted as Master Developer of Alameda Point. The City uploaded the settlement agreement to their website, but because their link is weird and they make you download it, I have uploaded it here.
Essentially the deal is thus, the City pays back the $1 million deposit ($1.073 million) and an additional $3.177 million. While the City wrote in its press release that it would be paid over 18 month, in truth the biggest lumpiest sum will be due on December 31, 2012. Meaning that by the end of the year, the City will be cutting a check in the amount of $3.25 million to SunCal. One payment of $500K will be due on July 1, 2013 and the remaining $500K will be due on July 1, 2014. At that point, the City will have completely and totally excised SunCal from Alameda.
In case you were wondering this claim also completely releases Ann Marie Gallant, former Interim City Manager, from any claims by SunCal against her and vice versa. However, the settlement was quick to note that this release has no bearing over Ann Marie Gallant’s claim against the City that is still at the appellate court level.
The settlement is also quick to point out that the settlement does not mean that any of the parties are admitting fault, of course folks can read into whatever they want and can start framing it however they choose. The City has already begun framing this settlement as ”it’s cheaper just to settle also we want to move on with Alameda Point without this hanging over our heads” and I imagine that SunCal is just happy they can recover some of the costs they sunk into their failed Alameda Point experience. Winish-winish.
One would think given the bullet that the City bit for Ann Marie Gallant, since I believe she was being sued as a named individual as well, she could have the decency to pull her own lawsuit against the City and her behavior was considered “troublesome” by the judge according to the record. This would actually be good timing for her too given the outcome of Kapler’s case. If her announcement followed this one it would appear magnanimous in light of the SunCal settlement, she could walk away (sort of) appearing like a good guy instead of how it would have appear after the Kapler appellate court judgement which would just appear that she was afraid of receiving a negative judgment like he did.
And in other legal news, I can’t remember if I had posted about it somewhere or just tweeted it, but the Alameda Unified School District voted to go ahead and appeal the appellate court ruling on Measure H. Expect AUSD to be joined by other school districts who have similarly structured taxes.