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Home My WebLink AboutContract 1073-2 Edom Hill Transfer Station City Mitigation Agreement Amendment No. 2 The City of Cathedral City (herein called "CITY") and the County of Riverside (herein called "COUNTY") previously entered into an agreement on November 5, 2002, which was subsequently amended April 21, 2009, to resolve matters related to issues surrounding the Edom Hill Transfer Station and related improvements (herein called "Project"). WHEREAS, on August 13, 2002, COUNTY, as the lead agency, adopted an Initial Study/Mitigated Negative Declaration (IS/MND) (SCH No. 2002051067) for the development of the Edom Hill Transfer Station; and WHEREAS,the Edom Hill Transfer Station became operational on December 1, 2004; and WHEREAS, CITY agreed to construct certain improvements within specified timeframes; and WHEREAS, the agreement was amended April 21, 2009 due to a reduction in tonnage at the site resulting from the economic downturn; and WHEREAS, CITY will receive significant ongoing revenue during the life of the Project after improvements are complete that will exceed total improvement costs; and WHEREAS, IS/MND (SCH No. 2002051067) identified that in 2014, the transfer station was projected to reach build-out (2,600 tons/day); as such, Mitigation Measure T-2 required traffic signals at the intersections of Edom Hill Road/Varner Road, and Date Palm Drive/Varner Road; and WHEREAS, COUNTY recognizes that in 2014, tonnage delivered to the Edom Hill Transfer Station was significantly lower than the projected 2,600 tons per day (avg. of 1,150 tpd); therefore, the traffic conditions requiring installation of traffic signals were not met; and WHEREAS, CITY agrees to maintain the requirement to install traffic signals at the intersections identified in Mitigation Measure T-2; however, the timing of such improvements shall be based upon tonnage delivered to the Edom Hill Transfer Station, not date specific (December 2014): and WHEREAS, COUNTY recognizes that the reduction in tonnage has affected the timing of the improvements in the amended agreement; and JUL 1 2 2016 l Z WHEREAS, COUNTY recognizes that CITY has completed the following improvements: 1) Construction of traffic turn lane pockets including asphalt overlays of entire roadway, at the following locations: a. On southbound Varner Road, onto Date Palm Drive b. On southbound Varner Road, onto Edom Hill Road c. On northbound Varner Road, onto Edom Hill Road 2) Repair/reconstruction of short reaches of structurally damaged roadway along Edom Hill Road 3) Overlay of the entire existing Edom Hill Road with 1.5" asphalt from the East Project boundary to Varner Road, with reconstruction as needed near its intersection with Varner Road NOW,THEREFORE, THE PARTIES AGREE AS FOLLOWS: CITY shall: 1. Construct the remaining project related road improvements listed below, on or before the following revised schedule: a. No later than twelve months after tonnage received at the facility consistently reaches 2,500 tons per day: 1) Signalize the Date Palm Drive and Varner Road Intersection, and 2) Signalize the Edom Hill Road and Varner Road Intersection. b. No later than twelve months after tonnage received at the facility consistently reaches 3,500 tons per day: 1) Construct an approximate 4,700 foot climbing Lane along Edom Hill Road, from Varner Road easterly. / PD#68802viI 2 Except as specifically modified or amended above, all of the terms, covenants and conditions of said agreement of the 5th of November 2002 and Amendment No. 1, shall remain in full force and effect between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement to be duly executed on May 2 5, 2 016 , RIVERSIDE COUNTY CITY OF CATHEDRAL CITY DEPARTMENT OF WASTE RESOURCES 68-700 Avenida Lalo Guerrero 14310 Frederick Street Cathedral City, CA 92234 Moreno Valley, CA 92553 Dated: �`/ Dated: May 25. 2 0 _.. - RECOMMEND D FOR APPRO L By: �. Stan enry, Mayor By: Hans Kernkamp,General Ma -Chief Engineer ATTEST: CO AS F ' ' . .DE By: l _ jo, C...441 i . Cler (Seal) By: jr1. A. /.. or airman :oard o Supervisors All J. BENOIT JOHN B Ilif. • ' iltt--/--&-La---- ATTEST: Charles McClendon, Ci Manager Iti !..1.• A I ,ffaik.-40.1 ,4 °l'A -'1Vdf ,r e of the :.. ;. t By: sem. Seat Cit 'Attorney . )krt, a PP: '1E G N., t„0", - > 1k r KiPNlS DA E PD#68802v 11 3 Edom Hill Transfer Station City Mitigation Agreement Amendment No. 2 The City of Cathedral City (herein called "CITY") and the County of Riverside (herein called "COUNTY") previously entered into an agreement on November 5, 2002, which was subsequently amended April 21, 2009, to resolve matters related to issues surrounding the Edom Hill Transfer Station and related improvements (herein called "Project"). WHEREAS, on August 13, 2002, COUNTY, as the lead agency, adopted an Initial Study/Mitigated Negative Declaration (IS/MND) (SCH No. 2002051067) for the development of the Edom Hill Transfer Station; and WHEREAS, the Edom Hill Transfer Station became operational on December 1, 2004; and WHEREAS, CITY agreed to construct certain improvements within specified timeframes; and WHEREAS, the agreement was amended April 21, 2009 due to a reduction in tonnage at the site resulting from the economic downturn; and WHEREAS, CITY will receive significant ongoing revenue during the life of the Project after improvements are complete that will exceed total improvement costs; and WHEREAS, IS/MND (SCH No. 2002051067) identified that in 2014, the transfer station was projected to reach build-out (2,600 tons/day); as such, Mitigation Measure T-2 required traffic signals at the intersections of Edom Hill RoadNarner Road, and Date Palm DriveNarner Road; and WHEREAS, COUNTY recognizes that in 2014, tonnage delivered to the Edom Hill Transfer Station was significantly lower than the projected 2,600 tons per day (avg. of 1,150 tpd); therefore, the traffic conditions requiring installation of traffic signals were not met; and WHEREAS, CITY agrees to maintain the requirement to install traffic signals at the intersections identified in Mitigation Measure T-2; however, the timing of such improvements shall be based upon tonnage delivered to the Edom Hill Transfer Station, not date specific (December 2014): and WHEREAS, COUNTY recognizes that the reduction in tonnage has affected the timing of the improvements in the amended agreement; and JUL 1 2 2016 I Z c— WHEREAS, COUNTY recognizes that CITY has completed the following improvements: 1) Construction of traffic turn lane pockets including asphalt overlays of entire roadway, at the following locations: a. On southbound Varner Road, onto Date Palm Drive b. On southbound Varner Road, onto Edom Hill Road c. On northbound Varner Road, onto Edom Hill Road 2) Repair/reconstruction of short reaches of structurally damaged roadway along Edom Hill Road 3) Overlay of the entire existing Edom Hill Road with 1.5" asphalt from the East Project boundary to Varner Road, with reconstruction as needed near its intersection with Varner Road NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS: CITY shall: 1. Construct the remaining project related road improvements listed below, on or before the following revised schedule: a. No later than twelve months after tonnage received at the facility consistently reaches 2,500 tons per day: 1) Signalize the Date Palm Drive and Varner Road Intersection, and 2) Signalize the Edom Hill Road and Varner Road Intersection. b. No later than twelve months after tonnage received at the facility consistently reaches 3,500 tons per day: 1) Construct an approximate 4,700 foot climbing Lane along Edom Hill Road, from Varner Road easterly. I PD#68802v11 2 modified or amended above, all of the terms, covenants and conditions of Except as specifically said agreement of the 5th of November 2002 and Amendment No. I, shall remain in full force and effect between the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement to be duly executed on May 2 5, 2 016 RIVERSIDE COUNTY CITY OF CATHEDRAL CITY DEPARTMENT OF WASTE RESOURCES 68-700 Avenida Lalo Guerrero 14310 Frederick Street Cathedral City, CA 92234 Moreno Valley, CAA 92553 Dated: 6/f/c Dated: May 2 5. 2 0 RECOMMEND/ / D FOR APPRO By: j„?/>►r!:111ff Stan enry, Mayor By: Hans Kernkamp,General M -Chief Engineer ATTEST: Z,f G CO •' j F ' ' - .DE By: 7P4 Cler, (Seal) By.: ',iip, i.. � � airman/s oard o Supervisors �Il- ILEPK_La-_� JOHN J. BENOIT B rr ATTEST: Charles McClendon, Ci Manager 1/. !, ,_. A A ,./.....A OA ,1 0 t ..-s, Aloe e of the : •. • By: ji. sv (Seal) Cit 'Attorney i'H a �'R �.�E GG. NVCOUN "; , l kV � . F.4: P KIPNIS DA_E PD#68802v11 3