18 - Laserfiche WebLink

DISCUSSION The salient terms of the MOU are as follows: Granite will use its best efforts to relocate the plant by March 31, 2008. If there are delays not attributable to the County or the City that prevent Granite from meeting that deadline, Granite can request the County to grant it an extension of time, but it is within the County's sole discretion whether to grant such an extension. Moreover, if the delays are not attributable to the County or the City, and an extension is granted, Granite is prohibited from rubberized asphalt production until the plant is relocated. 2. If there are delays attributable to the County or the City that prevent Granite from relocating the plant by March 31, 2008, then the new relocation date is March 31, 2009 and during that time Granite can produce rubberized asphalt but limited to ten days a year unless the County, again in its sole discretion and after consultation with the City and the Bay Area Air Quality Management District, authorizes additional days. 3. In no event shall the asphalt plant continue to operate at its current location after March 31, 2009 (unless, in context of a request from Granite to move the plant to an offsite location, the County, in its sole discretion, would extend that date). 4. The City will contribute $500,000 towards the costs of relocation, with Granite and CEMEX picking up the remainder. (This $500,000 is not General Fund money, it is money that Centex Homes provided to the City for this express purpose.) 5. The City will waive all claims concerning the operation of the plant if the plant is operated in compliance with the Air Quality Management District's (and other state and federal regulatory agency's) regulations. Notice of Council's considering this MOU has been sent to persons residing within 1000 feet of the CEMEX property. The MOU has been approved by the County, Granite Construction and CEMEX. Although the attached MOU, at Section 3.6.1, does provide that the Council must approve this MOU by August 31, that provision was included in July when it was thought that Council would have the opportunity to consider the MOU in August. In that the Council had only one meeting in August, that opportunity did not occur. Granite representatives had stated to staff that the August 31 date can be changed to September 5, 2007 if Council approves the MOU on September 4. Page 4 of 5