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6.1.C. - Page 1 <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From the City Manager <br /> October 26, 2015 <br /> SUBJECT <br /> Agreement regarding improvements in right-of-way, waiver, release and hold harmless <br /> for the development at 755 Brewster Avenue by Classics RWC 1856, L.P., a California <br /> limited partnership. <br /> RECOMMENDATION <br /> By motion, approve and authorize the City Manager to execute an agreement regarding <br /> improvements in the right-of-way, waiver, release and hold harmless with Classics RWC <br /> 1856, L.P., related to shoring activity for the Classics project at 755 Brewster Ave. <br /> BACKGROUND <br /> The subject project includes the construction of 18 detached single-family condominium <br /> units and a common area. Offsite improvements include new frontage improvements, <br /> including street trees and pedestrian lighting. The final map, improvement and <br /> maintenance agreements, improvement plans, and specifications were previously <br /> approved by City Council on June 23, 2014. <br /> ANALYSIS <br /> The subject project is currently under construction. The foundation work has been <br /> completed, with the shoring piles reaching a depth 5' below the finished grade. These <br /> shoring piles encroach into the public right-of-way. Typically a hold harmless agreement <br /> would not be required. However, staff is recommending the agreement due to relatively <br /> unique water proofing system being constructed in conjunction with the shoring piles. <br /> When the City needs to work in the adjoining right-of-way in the future, the hold <br /> harmless agreement will protect the City from potential claims. The shoring piles and <br /> water proofing system will not be removed post-construction, therefore cost of removal <br /> will not be required. <br /> ALTERNATIVES <br /> Council may choose not to approve the hold harmless agreement, which would limit the <br /> protection of the City for future construction within the right-of-way adjoining the project. <br /> FISCAL IMPACT <br /> There is no fiscal impact to the City as a result of this action. <br /> Page 1 of 2 <br />