LAS VEGAS (KTNV) — After declining The Boring Company's offer to build out a Vegas Loop station at UNLV, university officials are once again changing their minds.
Earlier this month, interim president Chris Heavey said they have been continuing to negotiate with The Boring Company.
He asked the Nevada System of Higher Education Board of Regents to approve four different agreements, which would allow the project to continue moving forward.
"They're complex legal agreements. And so, they are currently in draft form, though much of the work has been done and it's been done in collaboration with NSHE legal counsel," Heavey said. "We're asking for permission today to have the chancellor, along with, obviously, the campus leadership to finalize these agreements so that the Vegas Loop project can move forward with all possible speed because of the centrality of the station at UNLV ... I think the county is looking for the board to issue its approval for us to execute these agreements in order for The Boring Company to move forward with their actual excavation of the tunnel."
Heavey stated the agreements included the temporary construction easement, the development agreement, the access license, and the operations and management agreement. The proposed station would be on the west side of the Thomas & Mack parking lot, near the campus services building.
"That's the location that was chosen by the UNLV team as being the least disruptive," Heavey said.
That is the same location where the NSHE board previously granted easements.
"We are extremely excited to bring the Vegas Loop to UNLV and to progress these agreements to get to a point where we can begin construction and start servicing UNLV," said Tyler Fairbanks, Director of Project Development for The Boring Company. "When we got the easement voted on a couple of months ago, I think there was a lot of excitement and eagerness to get the station in front of the board. That's what we've worked really hard to do, and it's been a huge effort from the UNLV team to get to this point. We're excited about this partnership, and once we get through this vote and we get our county permit, we'll start construction ASAP."
When Heavey presented the proposal to the NSHE board on June 12, they did not see the complete proposed agreements ahead of that meeting.
"The understanding I have is that we would provide notice to the board of all the final agreements for seven business days, and if the board didn't raise any issues, then the chancellor would be authorized to execute those agreements without any additional action by the board," Heavey said.
Regent Amy Carvalho brought up concerns that the public wouldn't be able to see the agreements.
"Everything that's done at the board level is public, and these documents won't be in the public if we go this route. I'm concerned about that. That does not sit well with me. I don't know how that would look," Carvalho said. "The clarification that comes back to the board for our, look, I still am not comfortable with this approach. I think that all of the documents should be in front of us in a public meeting. I appreciate it coming back to the full board with 13 sets of eyes instead of five. I'm not comfortable with this approach."
Attorney Chris Nielsen, special counsel to the board, said that process is consistent with what's used for money contracts and that the documents will eventually become public.
"This is a public agreement. This is a contract involving a public institution, obviously. And so, I imagine just generally that these documents will become public documents and that, again, without seeing them, I can't opine if there's anything confidential in there," Nielsen said.
March 2023: UNLV negotiating with The Boring Company to add Vegas Loop station
Chair Byron Brooks also stated if any issues were raised by the board, they could discuss the proposals in a special meeting.
On June 12, the board gave approval for UNLV to negotiate with The Boring Company to bring the agreements before the board for their approval on Monday, June 22.
"We don't withhold any contracts at the university from anybody who requests them," Heavey previously said.
The agreements were posted on the NSHE website. When looking at the proposed development agreement, the initial agreement between UNLV and The Boring Company will last for 50 years, and the design of the station will be consistent with the "overall design and schematic of UNLV's building and architectural standards."
Read the proposed development agreement
It also states that before any construction begins, The Boring Company will have to meet several benchmarks, including approval of plans, specifications, and construction plans from UNLV, Clark County, and multiple governmental agencies.
If approved, UNLV will own the completed station and will not be required to pay any operating fees, construction fees, or "other compensation to Developer in connection with the construction, operation, or maintenance of the Station. Under no circumstances shall UNLV be responsible for any operations, maintenance, repair, staffing, security, or other costs or activities associated with the operation or maintenance of the station or the System, all of which shall be Developer's sole responsibility."
The proposed development agreement states the only costs that UNLV will be responsible for is standard insurance for station improvements.
One caveat in the proposed agreement is that The Boring Company must operate the station where it doesn't interfere with operations at the Thomas & Mack Center and "major campus events, including, without limitation, the National Finals Rodeo. UNLV may, as necessary, require that the Station be closed to support campus event operations."
Another issue that Heavey previously brought up was concern that people going to the airport would use the Thomas & Mack Center parking lot as long-term parking and the university wouldn't be able to do anything about it. That is also addressed in the proposed agreement.
Read the Operations and Management Agreement
"Developer shall cooperate and communicate with UNLV Parking and Thomas & Mack facility operations staff to ensure that parking for the Station does not materially impact day-to-day parking availability, parking enforcement, and Thomas & Mack operations," the document reads in part. "Protocols shall be established for parking management, enforcement, time limits, and prevention of unauthorized long-term use (e.g. airport parking)."
Another document states there will be a minimum 25% discount for students and a minimum 10% discount for faculty and staff at all NSHE institutions, Board of Regents, and System Administration. UNLV will get 100% of all parking revenue on the UNLV Property as well as a portion of concessions and advertising revenue.
Read the Executive Summary
While some may be supporting the project, others are not. Several people voiced opposition in the form of 35 pages of written public comments.
"As someone who majored in Public Health at UNLV, the Tesla Loop is not a sustainable and efficient transportation model. Major transportation development projects should reflect the values fostered by UNLV. The Boring Company has shown clear disinterest in preserving the environment and preventing pollution with other Las Vegas Tesla Loop Projects," wrote Ramiro Bautista. "A history of lack of environmental safety is extremely concerning. As a pillar of the community, UNLV should partner with companies that intend to uplift its communities, not destroy their environment."
WATCH: Boring Company responds to Vegas Loop safety, environmental impact claims
"We need stricter oversight of the Boring Company's operations on the planned UNLV Vegas Loop station. Based on their previous actions last year, pouring drilling fluid in the Las Vegas manholes, which led to them getting fined, and then they continued to pour drilling fluid again," wrote Karen Tan. "As a UNLV student, I don't want or need a Vegas Loop station at UNLV."
"I hope that the NSHE Board of Regents will make the right decision to also be against this project," wrote Kevin Santiago. "It is clear this proposal only seeks to serve the interest of the Boring Company rather than the public it claims to help, and therefore, I implore that the board will reject this project and seek another solution that will actually benefit the community."
Read the Temporary Construction Easement Agreement.