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    Clark County Land Use Agenda Item

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    Clark County land use agenda item

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    Clark County Land Use Agenda Item

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    FOX5 Vegas
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    Clark County land use agenda item

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    Clark County land use agenda item

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    Clark County land use agenda item

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    17K views1 page

    Clark County Land Use Agenda Item

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    FOX5 Vegas
    Clark County land use agenda item

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    © All Rights Reserved
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    of 1

    CLARK COUNTY BOARD OF COMMISSIONERS

    ZONING / SUBDIVISIONS / LAND USE


    AGENDA ITEM
    Petitioner: Steven B. Wolfson, District Attorney
    Recommendation: AG-24-900395: Approve and authorize the Chair to sign the settlement agreement to resolve
    litigation between Gypsum Resources, LLC and Clark County, et al. (For possible action)

    FISCAL IMPACT:

    Fund #: N/A Fund Name: General Fund


    Fund Center: N/A Funded PGM/Grant: N/A
    Amount: Up to $86,000,000
    Description: N/A
    Additional Comments: N/A

    BACKGROUND:

    Gypsum Resources, LLC ("Gypsum") filed lawsuits against Clark County and the Clark County Board of County
    Commissioners asserting various federal claims and state-law claims with alleged damages in excess of $2 billion
    dollars. The parties were set to go to trial in state court on July 8, 2024. The parties have been involved in various
    litigation regarding development near the Red Rock Canyon National Conservation Area since 2005. This settlement
    agreement will resolve the state court case and federal court appeal and is the result of lengthy negotiations facilitated
    by a mediator.

    In exchange for a dismissal with prejudice, a full release of liability and the right to acquire 192 acres of
    environmental sensitive land upon the recordation of the final map, the County agrees to pay Gypsum Resources, LLC
    $80 million dollars upon the County's approval of Gypsum's land use amendment and zone change applications along
    with a development agreement to develop the property at a total of 3,500 residential units. The Agreement also
    requires that primary access for the development must be taken from SR 160. The proposed settlement also anticipates
    the County will waive the condition that Gypsum obtain right-of-way approval from the Bureau of Land Management
    ("BLM") prior to approval of the Specific Plan and PFNA. Upon receipt of Gypsum's BLM Right-of-Grant
    Application, the County will seek a right-of-way grant from the BLM for the primary access road to SR 160. If the
    County does not receive approval from the BLM within two years, the County will begin to pay Gypsum an additional
    amount at years two through five not to exceed a total cumulated amount of $6 million dollars. This settlement is also
    subject to Gypsum obtaining bankruptcy court approval.

    This settlement avoids the risk of a potential judgment in excess of $2 billion dollars in damages to the taxpayers and
    the risks of future liability while addressing development concerns and preserving the scenic and natural landscape by
    diverting traffic from SR 159 to SR 160.

    The County's outside counsels and the District Attorney's office recommends that the Board of County Commissioners
    approve the settlement agreement and authorize the Chair to sign the settlement agreement.

    Cleared For Agenda


    06/18/24

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