DATE: February 6, 2018
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
Daniel C. Cederborg, County Counsel
SUBJECT: Indemnification and Defense; and Financial Security for UCUP No. 3528
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize Chairman to:
A. Execute Indemnification and Defense Agreement with Shawn Shiralian, as required by condition of approval of Unclassified Conditional Use Permit Application No. 3528 relating to construction and operation of an Interstate Freeway Interchange Commercial Development at the northwest corner of Interstate 5 (I-5) and Nees Avenue, approximately 17 miles west of the nearest city limits of the City of Firebaugh.
B. Execute Escrow Agreement with Shawn Shiralian and United Security Bank as financial security for the Indemnification and Defense Agreement ($150,000).
2. Authorize the Director of Public Works and Planning 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
The recommended actions fulfill requirements proposed by your Board on this project. This item pertains to a location in District 1.
ALTERNATIVE ACTION(S):
There are no viable alternative actions under the present circumstances. The recommended actions are necessary to satisfy a condition of approval imposed by the Board of Supervisors and are necessary in order for the applicant to exercise the approved conditional use permit.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The recommended Indemnification and Defense Agreement (I & D Agreement) requires the Applicant to pay for costs to defend and indemnify the County against any legal challenge filed against the County related to the Project. ...
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