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Home My WebLink About10/5/2005 - STAFF REPORTS (5) Oi VALM SA4 A. �2 u` m oh C,Q</F O B Community Redevelopment Agency Staff Report DATE: OCTOBER 5, 2005 CONSENT CALENDAR SUBJECT: AMENDMENT NO. 2 TO EXISTING LICENSE FOR PERFORMANCE OF REMEDIATION WORK BY GEIGER, LLC ON AGENCY-OWNED LAND AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD FROM: David H. Ready, Executive Director BY: Community& Economic Development Department SUMMARY Approval of the proposed Amendment No. 2 would provide for a six-month extension of the existing License with Geiger, LLC to allow for completion of the remaining on-site activities and final certification involved with the soil remediation work on Agency-owned land located at the northeast corner of Gene Autry Trail and Ramon Road. RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO LICENSE AGREEMENT #472C BETWEEN THE AGENCY AND GEIGER, LLC FOR PERFORMANCE OF REMEDIATION WORK ON AGENCY-OWNED LAND LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD". STAFF ANALYSIS: In February 2002 the Agency entered an Exclusive Agreement to Negotiate with Geiger, LLC of Beverly Hills, California for the inclusion of Agency-owned land at the corner of Gene Autry Trail and Ramon Road, commonly known as the former dumpsite parcel, in the potential future development of a regional retail shopping center. The Agency approved an extension of that Exclusive Agreement in April 2003 and again in April 2004. During this period, in addition to designing and marketing the project to prospective tenants, Geiger developed a remediation plan for the clean-up of the former dump site which includes the Agency-owned land and two adjacent parcels now owned Item No. 1 A2 * Community Redevelopment Agency Staff Report October 5, 2005 -- Page 2 Amendment No. 2 to License by Geiger. The remediation plan was submitted by Geiger to CaIEPA Department of Toxic Substances Control ("DTSC") and approved on March 4, 2004. Through a License for Performance of Remediation Work approved by the Agency on March 17, 2004, and subsequently amended on March 16, 2005, Geiger has been allowed access to the Agency-owned land during the past nineteen months to implement the requirements of the DTSC-approved remediation plan. Geiger is solely responsible for all soils remediation costs for the site and Dudek Associates, under separate contract with the Agency, has independently monitored Geiger's activities in this regard on behalf of the Agency. The License for Remediation Work expires on October 17, 2005 and needs to be extended to allow time for DTSC to issue its final clearance for the remediation work. In addition, the PM-10 Permit issued by the City for the clean-up activities requires dust control for both the Agency and Geiger-owned properties until the site surface is developed. As a result, the temporary fence around the entire site must remain to maintain site security. It is expected that the proposed project's entitlement process will be completed and the Agency-owned land will be transferred to Geiger under the terms of a future Disposition and Development Agreement before the end of this year allowing for construction of the retail shopping center to begin. To ensure that sufficient time is provided for legitimate site access during these final steps, a six- month extension of the License is proposed. There will be no further need for the License following completion of this process. FISCAL IMPACT: IFinance Director Revie No fiscal impact. Curt Watts J hn . Ray nd, Director of Redevelopment Administrator Cbmffinunity & conomic Development Lit, Thomas Wilsop, Assistant City Manager David H. Ready, City M�aj er Development Services Attachments: Resolution Amendment No. 2 to License Community Redevelopment Agency Staff Report October 5, 2005 -- Page 3 Amendment No. 2 to License RESOLUTION NO. OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING AMENDMENT NO. 2 TO LICENSE AGREEMENT #472C BETWEEN THE AGENCY AND GEIGER, LLC FOR PERFORMANCE OF REMEDIATION WORK COVERING AGENCY—OWNED LAND LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD WHEREAS, the Community Redevelopment Agency of the City of Palm Springs, California ("Agency") is constituted under the Community Redevelopment Law (California Health and Safety Code Section 33000 et. seq.) to carry out the purpose of redevelopment in the City of Palm Springs ("the City"); and WHEREAS, the Agency and Geiger, LLC ("Geiger") entered into that certain License for Performance of Remediation Work (the "License"), which was approved pursuant to Agency Resolution No. 1239 adopted on March 17, 2004, and amended pursuant to Agency Resolution No. 1278 adopted on March 16, 2005, to allow Geiger to enter upon Agency-owned property to undertake the remediation of soil conditions on property located at the northeast corner of Gene Autry Trail and Ramon Road (the "Site"); and WHEREAS, Geiger is in the process of finalizing its implementation of the Remediation Action Workplan approved by the California Department of Toxic Substances Control ("DTSC") on March 4, 2004 for the remediation of the Site; and WHEREAS, the License is due to terminate on October 17, 2005 unless extended; and WHEREAS a six-month extension of the License is required for completion of activities related to the remediation including final certification by the DTSC, the fact that the PM- 10 Permit issued by the City for the clean-up activities will require dust control for both the Agency and Geiger-owned properties until the site surface is developed and the temporary fence around the entire site must remain to maintain site security. NOW, THEREFORE, BE IT RESOLVED by the Community Redevelopment Agency of the City of Palm Springs, California as follows: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. Amendment No. 2 to the License between the Community Redevelopment Agency of the City of Palm Springs and Geiger, LLC for Performance of Remediation Work, is hereby approved extending the termination date of the License by six months to April 17, 2006. Community Redevelopment Agency Staff Report October 5, 2005 -- Page 4 Amendment No. 2 to License SECTION 3. The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency Amendment No. 2 to the License for Performance of Remediation Work, and make minor changes as may be deemed necessary, in a form approved by Agency Counsel. ADOPTED this 51h day of October 2005. AYES: NOES: ABSENT: ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By Assistant Secretary Chairman REVIEWED &APPROVED AS TO FORM Community Redevelopment Agency Staff Report October 5, 2005 -- Page 5 Amendment No. 2 to License AMENDMENT NO. 2 TO LICENSE #472C BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND GEIGER, LLC FOR PERFORMANCE OF REMEDIATION WORK This Amendment No. 2 to License between the Community Redevelopment Agency of the City of Palm Springs and Geiger, LLC for Performance of Remediation Work (the "Amendment No. 2") is entered into this day of 2005 (the "Effective Date") by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, a public body, corporate and politic, ("the Agency") and GEIGER, LLC ("Licensee"), and is intended to provide for an extension of the License for an additional six months for Licensee's continuation of soil remediation activities. RECITALS A. Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et. seq.) to carry out the purpose of redevelopment in the City of Palm Springs ("the City"). B. Licensee is in the process of implementing the Remediation Action Workplan approved by the California Department of Toxic Substances Control ("DTSC") on March 4, 2004 for the remediation of soil conditions on an approximately 36-acre vacant property located at the northeast corner of Gene Autry Trail and Ramon Road (the "Site"). C. Agency and Licensee entered into that certain License for Performance of Remediation Work (the "License") dated March 17, 2004 to allow Licensee to enter upon Agency-owned property located within the Site to undertake the soil remediation activities. D. Agency and Licensee entered into that certain Amendment No. 1 to the License dated March 16, 2005 extending the original termination date of the License until October 17, 2005. E. Agency and Licensee wish to further extend the termination date of the License from October 17, 2005 to April 17, 2006 given that DTSC has yet to issue its final letter of clearance for the remediation work, and the fact that the PM-10 Permit issued by the City for the clean-up activities will require dust control for Agency and Licensee- owned properties until the site surface is developed and the temporary fence around the entire site must remain to maintain site security. Community Redevelopment Agency Staff Report October 5, 2005 -- Page 6 Amendment No. 2 to License NOW, THEREFORE, based upon the foregoing recitals and the terms, conditions, covenants, and agreement contained herein, the parties hereto agree to amend the Agreement as follows: Section 1. Agency and Licensee agree that Exhibit D — Estimated Project Timeline shall be amended to reflect an extension in the Project Timeline until April 17, 2006 for Proposed Activity Number 4. Closure Testing and Documentation and Proposed Activity Number 5. Final Approvals (NFA Letter). Section 2. Agency and Licensee agree that except as provided herein, the License continues unmodified and in full force and effect. IN WITNESS WHEREOF, Agency and Licensee have executed this Amendment No. 2 as of the date first written above. ,,LICENSEE" GEIGER, LLC By: Signature Print Name and Title "AGENCY" ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, a public body, corporate and politic By: By. Assistant Secretary Executive Director APP6�-�D AS TO FO gency Counsel