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HomeMy WebLinkAbout3/16/2005 - STAFF REPORTS (2) DATE: MARCH 16, 2005 TO: COMMUNITY REDEVELOPMENT AGENCY FROM: DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT FIRST AMENDMENT TO EXISTING LICENSE BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND GEIGER, LLC FOR PERFORMANCE OF REMEDIATION WORK ON AN AGENCY-OWNED PARCEL AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD RECOMMENDATION: It is recommended that the Community Redevelopment Agency of the City of Palm Springs, California("Agency")approve the First Amendment to the License between the Agency and Geiger, LLC ("Licensee") for the continued performance of soil remediation work on an Agency-owned parcel of land located at the corner of Gene Autry Trail and Ramon Road for a period of seven months. SUMMARY: The approval of the proposed amendment of the existing License with Geiger, LLC will allow for the continued performance of soil remediation work on an Agency- owned parcel of land located at the corner of Gene Autry Trail and Ramon Road for a period of seven months, or until October 17, 2005. The Licensee has requested the seven-month extension given that the California Department of Toxic Substances Control ("DTSC") has yet to issue the required letter of no further action for the remediation activities and 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, the temporary fence around the entire site must remain to maintain site security, and the remediation work plan requires the installation, monitoring and inspection of the vapor control system over this same period. BACKGROUND: In February 2002 the Agency entered an Exclusive Agreement to Negotiate with Geiger, LLC of Beverly Hills, California for the inclusion of an Agency-owned parcel at the corner of Gene Autry Trail and Ramon Road, commonly known as the former dumpsite parcel, in a potential future development of a regional retail shopping center. The Agency approved an extension of that 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 parcel and two adjacent parcels now owned by Geiger. The remediation plan was submitted to DTSC by Geiger and approved on March 4, 2004. Through a License for Performance of Remediation Work approved bythe Agency on March 17, 2004, Geiger has been allowed access to the Agency-owned parcel during the past twelve 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, independently monitors Geiger's activities in this regard on behalf of the Agency. The License for Remediation Work terminates on March 17, 2005 unless extended. In a letter dated February 15, 2005, Geiger requested an extension of the current License given that DTSC has yet to issue its letter of no further action 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 both the Agency and Geiger-owned properties until the site surface is developed, the temporary fence around the entire site must remain to maintain site security, and the remediation work plan requires the installation, monitoring and inspection of the vapor control system over this same period. Assuming approval of the proposed First Amendment by the Agency, it is currently expected that the proposed project's entitlement process will be completed by the new expiration date of October 17, 2005 and there will be no further need for the amended License. AOl JOH . R Y OND for of C mmunity& Economic Development APPROVED Executive Director ATTACHMENTS: 1. Agency Resolution 2. First Amendment to License for Performance of Remediation Work FIRST AMENDMENT TO LICENSE BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS AND GEIGER, LLC FOR PERFORMANCE OF REMEDIATION WORK This First Amendment to License between the Community Redevelopment Agency of the City of Palm Springs and Geiger, LLC for Performance of Remediation Work (the "First Amendment') 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 seven 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. The License is due to terminate on March 17, 2005 unless otherwise extended. E. Agency and Licensee wish to extend the termination date of the License from March 17, 2005 to October 17, 2005 given that that DTSC has yet to issue its letter of no further action 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 forAgency and Licensee-owned properties until the site surface is developed, the temporary fence around the entire site must remain to maintain site security, and the work plan from DTSC requires the installation, monitoring and inspection of a vapor control system over this same period. 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 Section 8. Grant of Access shall be amended to add Section 1 A 9 to read as follows: Section 8. Grant of Access. Agency hereby grants to Licensee a license and permission to enter upon and use the Property for the limited purposes of undertaking the remediation of the Property, pursuant to the RAW and the schedule attached hereto as Exhibit D as set Forth in Section 3 hereof, and also including dust control measures required by the PM-10 Permit issued by the City for the clean-up activities, temporary fencing around the Shopping Center Site to maintain site security, and the installation, monitoring and inspection of a vapor control system as required by DTSC as part of the remediation of the Property. Section 2. Agency and Licensee agree that Exhibit D — Estimated Project Timeline shall be amended to reflect an extension in the Project Timeline until October 17, 2005 for Proposed Activity Number 4. Closure Testing and Documentation and Proposed Activity Number 5. Final Approvals (NFA Letter). Section 3. 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 FirstAmendment 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 APPROVED AS TO FORM: Agency Counsel RESOLUTION NO. _ ,!it OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING THE FIRST AMENDMENT TO A LICENSE BETWEEN THE AGENCY AND GEIGER, LLC FOR PERFORMANCE OF REMEDIATION WORK COVERING APPROXIMATELY 14.95 ACRES OF 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, to allow Geiger to enter upon Agency- owned property, totaling approximately 14.95 acres, to undertake the remediation of soil conditions on an approximately 36-acre vacant property, including Agency's property, located at the northeast corner of Gene Autry Trail and Ramon Road (the "Site"); and WHEREAS, Geiger 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 the Site; and WHEREAS, the License is due to terminate on March 17, 2005 unless extended; and WHEREAS in a letter dated February 15, 2005, Geiger has requested a seven-month extension of the current License due to 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,the temporary fence around the entire site must remain to maintain site security, and the work plan from DTSC requires the installation, monitoring and inspection of a vapor control system over this same period. 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. The First Amendment 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 seven months to October 17, 2005. SECTION 3. The Executive Director, or his designee, is hereby authorized to execute on behalf of the Agency the First Amendment 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 day of 2005. AYES: NOES: ABSENT: ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By_ Assistant Secretary Chairman REVIEWED & APPROVED AS TO FORM