Approve and Authorize First Amendment to an Existing Purchase and License Agreement with Nuevo Meadows Land Company, LLC, for the Acquisition of Excess Soil from EMWD's Skiland Ponds
|Department:||Plan of Service Div||Sponsors:|
|Category:||Action/Info Item||Meeting Workflows:||Board Planning Committee Workflow|
In May 2005, the District entered into a soil export and license agreement with Rio Bravo Development Company, LLC. The agreement was subsequently assigned to PCCP Nuevo Lakes, LLC (PCCP). The agreement expired in 2010, without implementation.
In 2015, Nuevo Meadows Land Company, LLC (NMLC), through its member PCCP, approached the District to renew the expired agreement (Subject Agreement). Subsequently, EMWD’s Board of Directors approved and authorized the Subject Agreement in October 2015.
The Subject Agreement allows for the export of excess soil from the District’s Skiland Pond during maintenance operations to an adjacent proposed project site which PCCP has conveyed to NMLC, namely, Tentative Tract Map 36635 (TTM 36635) as depicted in Exhibit A. The soil will be used to raise the proposed pad elevations above the delineated flood-plain. In addition, the agreement allows the export of up to 850,000 cubic yards, with a purchase price of $1.50 per cubic yard. Furthermore, the agreement calls for NMLC to make a one-time payment of $25,000 towards EMWD’s annual maintenance related to the Skiland property. The terms of the agreement specify that NMLC is responsible for obtaining all necessary permits and CEQA clearances prior to commencing work. NMLC is also required to obtain EMWD’s approval of the proposed grading plan, to ensure slope protection and the restoration of satisfactory conditions on District property.
The Subject Agreement will expire upon the completion of the grading and soil export operations, but no later than November 1, 2020, unless extended by mutual agreement of the parties. To date, NMLC has not initiated grading and soil export operations in accordance with this agreement. Currently, NMLC is processing revisions to TTM 36635 with the County of Riverside, and therefore requires additional time to complete this process. NMLC asked EMWD to process a first amendment to the Subject Agreement as depicted in Exhibit B, extending the expiration date by one year, to November 1, 2021, provided that on or before October 1, 2020 NMLC has:
- Submitted facility plans and required plan check deposits to EMWD, for TTM 36635;
- Submitted required grading plans and plan check deposits to EMWD, for the soil export operations contemplated in the Subject Agreement; and
- Obtained any and all required permits and environmental clearances from jurisdictional agencies.
No appropriation of funds is requested as a result of this agreement.
Approve and authorize the General Manager to execute first amendment to an existing purchase and license agreement with Nuevo Meadows Land Company, LLC, for the acquisition of excess soil from EMWD's Skiland Ponds.
|RESULT:||RECOMMENDED FOR APPROVAL|
|MOVER:||Stephen J. Corona, Board Member|
|SECONDER:||David J. Slawson, Board Member|
|YES:||Ronald W. Sullivan, Philip E. Paule, Stephen J. Corona, Randy A. Record, David J. Slawson|