AGENDA PROPERTY MANAGEMENT COMMITTEE MEETING ...

2005 as Instrument No. 2005000536288 of Official Records of Orange County, acovenant per Section III, Paragraph G of said deed entitled “Covenant for Access andSampling Rights Related to Groundwater Remediation,” was placed granting OCWDand IRWD the right to enter the property to take soil samples with the purpose ofconfirming that none of the current operations of the property owner resulted in therelease of hazardous substances that could impact the treatment system associatedwith the IDP.The IDP treatment system facilities are located near the southwestern corner of theformer base as well as off the base property. These facilities remain in operation tocapture and treat contaminated groundwater under a 2001 settlement agreementbetween the federal government, IRWD, and OCWD. The area of groundwatercontamination does not extend to the area of the requested Notice of Release.Fivepoint Communities is currently developing its first phase of residential developmenton a portion of the Parcel 1 area known as District 8 which lies northeast of IrvineBoulevard and northwest of the University of California South Coast Field Station.Fivepoint has requested that OCWD and IRWD release this area from the abovedescribed covenant. District staff has reviewed the request and determined that thereare no current or anticipated future OCWD soil investigations on the property and,therefore, recommend Board approval of the Notice of Release. The resolutionauthorizing this Notice of Release is attached as Exhibit “A”, the Notice of Release formis attached as Exhibit “B”, and a map showing the location of the released area isattached as Exhibit “C”.PRIOR BOARD ACTIONS11/3/04 R04-11-137 Provided that the amendment is limited to project modifications andnon-substantive changes, authorize the General Manager to execute an amendment tothe Irvine Desalter Project Settlement Agreement in a form approved by OCWD’s legalcounsel.6/6/01 R01-6-85 Approve and authorize execution of Second Amended and RestatedAgreement with IRWD regarding the Irvine Desalter Project, addressing responsibilitiesfor design, construction, financing, operations and maintenance, cost of water, liabilitiesof both parties, and exemption from water produced by IDP from payment of BEA tocover IRWD's water treatment costs.6/6/01 R01-6-84 Approve Settlement Agreement with Settling Federal Agencies andIRWD regarding MCAS El Toro groundwater remediation.