FIRST AMENDMENT TO NORTHERN SOLUTION WATER FACILITIES AGREEMENT RELATING TO THE DEVELOPMENT OF WATER RESOURCES AND INFRASTRUCTURE TO PROVIDE WATER SERVICE TO ESTRELLA RECOMMENDATION: ADOPT RESOLUTION 13-1583 APPROVING AND AUTHORIZING CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO NORTHERN SOLUTION WATER FACILITIES AGREEMENT RELATING TO THE DEVELOPMENT OF WATER RESOURCES AND INFRASTRUCTURE TO PROVIDE WATER SERVICE TO ESTRELLA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AUTHORIZING CITY MANAGER TO TAKE ALL ACTIONS AND EXECUTE ALL DOCUMENTS NECESSARY TO CARRY OUT INTENT OF RESOLUTION AND TERMS OF THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. PURPOSE: Under the terms of the Master Development Agreement for Estrella, the developer is required to design and construct water facilities needed to serve Estrella. Pursuant to this obligation, various entities with ownership interests in Estrella (“NNP Entities”) entered in to the Northern Solution Water Facilities Agreement (“Northern Solution Agreement”) that provided for the development of additional potable water resources needed to serve new development. The agreement includes certain provisions that, while protecting the City, have impeded development in Estrella. The proposed amendment will encourage development in Estrella while providing adequate protections for the City. This Agreement will allow additional commercial and residential development in Estrella to occur while the improvements contemplated by the Northern Solution Agreement are being constructed. (Sarah Chilton, Assistant City Attorney)

Committee

City Council Regular Meeting

Introduced

October 29, 2013

On agenda

November 4, 2013

Passed

November 4, 2013