AgdaPkt 2015-10-26 Study and Joint SA PFA

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6.3.A. - Page 2 of the right-of-way quit claimed to the developer and the limits of the subterranean access were negotiated with the developer within the terms of a Property Disposition Agreement approved by City Council on July 27, 2015. Improvements include the subterranean garage, new sewer, storm and water services, a new storm drain mains, a new 8" water main, a new fire hydrant, sidewalk modifications per Downtown Precise Plan standards, trees, and street lighting. The portion of Winslow Street right of way to be vacated was granted to the City by General Properties Inc. on February 6, 1930, and the more recent use has been for a 2" water main, irrigation lines, and a PG&E meter. The right of way is not currently passable by vehicular travel, and the area has been maintained by the business group representing the businesses on the adjoining block between Middlefield Rd, and Jefferson St. The vacation of the right of way and dedication was previously contemplated in DDA approved by Council on July 27, 2015, and was subject to the removal of the public utilities within the area, which has been completed. The Streets and Highway Code Section 8300 authorizes the vacation of public right of way, by an order of City Council. The summary vacation, once complete, will relinquish the City's interest in the right of way and the right of way will revert to the fee owner, who is the City. Once the right of way has been vacated, the City will quit claim the parcel to the developer per the terms of the DDA. The license agreement will allow for the use of the Winslow lot for construction activities, parking of construction workers, and the construction of tiebacks to support the excavation of the subterranean garage. Many of the elements of the license agreement were contemplated in the DDA, however the license agreement is revised to allow the construction of the tiebacks, to allow for partial occupation of the Winslow Lot, and to allow for the required insurance coverage be procured by the developer or its contractor. The tiebacks will be removed from the Winslow Lot prior to the ending of the license term. The developer, Hamilton and Winslow Properties, LLC, will post bonds in the amount of $1,141 ,614.00 as required by the Improvement Agreement. The developer anticipates completion of all improvements by 2017. All work associated with this project is being paid for by the developer. ALTERNATIVES Council may choose not to adopt a Resolution to vacate the right-of-way, which would be contrary to the previously approved development and disposition agreement. Council may alternatively choose to accept the vacation, and not approve the parcel map and associated agreements for the project. FISCAL IMPACT There is no fiscal impact to the City as a result of this action. Page 2 of 3