BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Approve the First Amendment to Agreement for Possession and Use by and Between Santa Clara Valley Water District and the County of Santa Clara for Anderson Dam Tunnel Project, Coyote Percolation Dam Replacement Project, and Cross Valley Pipeline Extension Project as parts of the Federal Energy Regulatory Commission Order Compliance Project, under the Anderson Dam Seismic Retrofit Project No. 91864005, APN: 728-34-020, 729-36-001, 678-02-031 & -034, and 725-06-008; Real Estate File Nos. 9186-35, 9186-39, 9188-17, and 9232-52, Providing a No-Cost time extension to the Agreement (Unincorporated Santa Clara County) (District 1).
End
RECOMMENDATION:
Recommendation
Approve the First Amendment to Agreement for Possession and Use by and Between Santa Clara Valley Water District and the County of Santa Clara, providing a no-cost time extension to the agreement.
Body
SUMMARY:
On April 27, 2021, the Board approved an Agreement for Possession and Use by and Between Santa Clara Valley Water District and the County of Santa Clara. The Agreement for Possession and Use (PUA) is also attached hereto (Attachment 1).
Since the Board meeting of April 27, 2021, representatives of Santa Clara Valley Water District (Valley Water) and the County of Santa Clara (County) have engaged in regular discussions for acquisition of the real property interests described in the PUA. These discussions are ongoing, cooperative, and productive. Section 2.1 of the PUA provides that if the parties have not entered into a formal sales agreement within six months of the effective date of the PUA (April 27, 2021), then Valley Water may seek authorization from this Board to acquire the real property interests described in the PUA by eminent domain. In the alternative, Section 2.1 also provides that the terms and provisions of the PUA may be extended by mutual written agreement of the parties. Because of the productive discussions to date and because ...
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