DATE: June 4, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Approve Indemnification and Defense Agreement with Stamoules, Inc. and OPA Pistachios, LLC
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize Chairman to execute Indemnification and Defense Agreement with Stamoules, Inc. and OPA Pistachios, LLC (collectively "Applicant"), as required by condition of approval of Unclassified Conditional Use Permit No. 3709 and Variance Application No. 4112 or provide alternate direction; and
2. Approve form of Escrow Agreement with Applicant and financial institution selected by Applicant ("Escrow Agent") and approved by the Director of Public Works and Planning ("Director"), and authorize the Director to make changes to the form of Escrow Agreement that he deems to be in the best interest of the County and to approve and execute the final form of the Escrow Agreement, subject to approval by County Counsel as to legal form and by the Auditor Controller/Treasurer-Tax Collector as to accounting form, securing $150,000 paid into escrow by Applicant to Escrow Agent as financial security for the Indemnification and Defense Agreement; and
3. Authorize the Director to do any and all things and take any and all actions and execute and provide any and all notices, certificates, and other documents which he may deem necessary or advisable in order to administer the Indemnification and Defense Agreement and the Escrow Agreement on behalf of the County.
REPORT
On March 5, 2024, your Board approved Unclassified Conditional Use Permit No. 3709 and Variance Application No. 4112 proposing to allow a pistachio processing facility including irrigation of approximately 3,740 acres of agricultural land with process water, and waiver of height limitations for specific structures to permit 48 silos at 50-feet and the two proposed huller buildings at 42.5-feet (maximum 35-foot allowed) in the AE-20 (Exclusive Ag...
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