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ADMINISTRATIVE
COMMITTEE |
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17. |
Consider Authorizing the General Manager to increase
the level of indemnification in a right-of-entry and project permission
agreement with quail lodge, inc. for the Carmel River Bank Stabilization
Project at Rancho San Carlos Road |
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Meeting
Date: |
June 11, 2018 |
Budgeted: |
N/A |
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From: |
David J. Stoldt
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Program/ |
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General
Manager |
Line Item
No.: |
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Prepared
By: |
Larry
Hampson |
Cost
Estimate: |
N/A |
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General Counsel Approval: N/A |
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Committee Recommendation: The Administrative Committee reviewed this item on June 11, 2018 and recommended ______________. |
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CEQA Compliance: This action does not constitute a
project as defined by the California Environmental Quality Act Guidelines
section 15378. |
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SUMMARY: The
District has designed a project to stabilize a portion of the Carmel River
downstream of Rancho San Carlos Road that underwent significant streambank
erosion in the winter of 2017. The project
work affects two parcels owned by Quail Lodge, Inc. At the May 21, 2018 Board meeting, the
General Manager was authorized to offer up to $75,000 to indemnify each
property owner affected by the proposed project against losses due to the
project. Quail Lodge, Inc., has
requested a higher cap due to the high value of assets owned by the company and
the potential to be a “deep pockets” target in a lawsuit. Since inception of the Carmel River
Management Program in 1984, the District has not been sued over Carmel River
restoration work.
RECOMMENDATION: Staff recommends that the General Manager be authorized to negotiate with Quail Lodge, Inc. to increase the level of indemnification for Quail Lodge, Inc. up to $300,000.
IMPACT TO STAFF/RESOURCES: Entering into agreements has no immediate fiscal impact. Authorization to expend funds for the project will be on a future agenda.
U:\staff\Board_Committees\Admin\2018\20180611\17\Item-17.docx