8c Memo Rental Car Facility Settlement Agreement

COMMISSION 
AGENDA MEMORANDUM                        Item No.          8c 
ACTION ITEM                            Date of Meeting      February 9, 2021 
DATE:     February 1, 2021 
TO:        Steve Metruck Executive Director 
FROM:    Pete Ramels, General Counsel 
Loren Armstrong, Sr. Port Counsel 
Wayne Grotheer, Director, Aviation PMG 
SUBJECT:  Rental Car Facility Settlement Agreement 
Amount Payable to the Port:   $1,500,000 
ACTION REQUESTED 
Request Commission authorization for the Executive Director to execute a settlement agreement
to resolve claims and potential claims arising out of the design and construction of the
Consolidated Rental Car Facility. 
SUMMARY 
The Port asserted pre-litigation design errors and omissions and/or latent defect claims against
the design consultants and construction contractors and subcontractors arising out of the design
and construction of the Consolidated Rental Car Facility ("CRCF"). 
Physical construction of the CRCF commenced on or around June 10, 2008 and was substantially
completed on April 16, 2013. The CRCF is and has remained in operation since that time. 
The parties first mediated this dispute on August 31, 2020, and then continued to mediate on
January 15, 2021, when the parties successfully resolved the dispute pending authorization by
the Port Commission. The design and construction firms agreed to pay the Port a total of
$1,500,000. The  settlement agreement does not constitute an admission of liability  or
wrongdoing on the part of any party; rather, the settlement is recommended to avoid the time,
expense, disruption, and uncertainty of litigating claims. 
This matter was discussed in executive session.
There are no attachments to this memo. 



Template revised September 22, 2016.

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