DATE: August 22, 2023
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.
3755-A and 3755-B
RECOMMENDED ACTION(S):
TITLE
1. Adopt the resolution on file with Clerk of the Board affirming the actions of the Board of Supervisors on July 18, 2023, approving CUP 3755-A & CUP 3755-B Subject to conditions of approval as stipulated in Exhibit A of the Resolution.
2. Approve and authorize Chairman to:
A. Execute Indemnification and Defense Agreement with CEMEX Construction Materials Pacific, LLC ("Applicant"), as required by condition of approval of Unclassified Conditional Use Permit ("CUP") Application Nos. 3755-A and 3755-B relating to amend Unclassified Conditional Use Permit ("UCUP") No. 3093 and related UCUP Nos. 367, 2032, 2209, 2241, 2235, and 3063, to extend the operational time limit for the existing aggregate (sand and gravel) operation, processing plants, and related currently permitted uses, located along N. Friant Road, north of the City of Fresno, for an additional three years (extend expiration date from July 28, 2023 to July 28, 2026).
B. Execute Escrow Agreement with Applicant and U.S. Bank, NA ("Escrow Agent") securing $200,000.00 paid into escrow by Applicant to Escrow Agent as financial security for the Indemnification and Defense Agreement.
3. 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
On July 18, 2023, your Board approved CUP Application Nos. 3755-A and 3755-B made by Pete LoCastro, Area Operations Manager on behalf of the Applicant. This approval amended UCUP No. 3093 and re...
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