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6.2.A. - Page 2 <br />In order to construct the below -grade parking structure, tie -backs were installed in the <br />public right of way. While the project had intended to remove these tie -backs after the <br />parking structure was completed, the contractor was unable to remove all of them. <br />Some tie -backs remain within the public right of way, and therefore the developer is <br />entering into a hold -harmless agreement with the City to protect the City against any <br />future complications that may arise due to conflicts with the tie -backs, and has paid the <br />cost to remove them later, as described within that agreement <br />ALTERNATIVES <br />Council may choose not to accept the construction improvements and release bonds, <br />which would be contrary to the provisions in the existing Improvement Agreement. <br />FISCAL IMPACT <br />There is no fiscal impact to the City as a result of this action. The City has received a <br />sum of $9,750.00 from the developer in accordance with terms of the Hold Harmless <br />agreement. <br />ENVIRONMENTAL REVIEW <br />The Planning Commission previously made findings that the Initial Study completed for <br />the underlying development was in compliance with the California Environmental <br />Quality Act and determined that there is no substantial evidence that the Project would <br />result in new environmental impacts beyond those previously identified in the Downtown <br />Precise Plan program EIR. <br />PATRICIA SCHROTENBOER <br />ASSOCIATE ENGINEER <br />AARON AKNIN <br />ASSISTANT CITY MANAGER AND COMMUNITY DEVELOPMENT MANAGER <br />