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6.1.F. - Page 1 <br />REPORT <br />To the Honorable Mayor and City Council <br />From the City Manager <br />October 2, 2017 <br />SUBJECT <br />License Agreement to use a portion of a City parking lot for the development at 2075 <br />Broadway (Devcon Construction) <br />RECOMMENDATION <br />By motion, approve and authorize the City Manager to execute a License Agreement <br />with Devcon Construction, Inc. and find that the agreement is exempt under California <br />Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities) <br />BACKGROUND <br />The 2075 Broadway project (former Powerhouse Gym site) is a four-story mixed-use <br />office/retail building. On September 11, 2017, the City Council approved and authorized <br />the City Manager to execute an Improvement Agreement, Landscape Maintenance <br />Agreement, Stormwater Treatment Measures Maintenance Agreement and two Hold <br />Harmless Agreements with the developer of 2075 Broadway, Lane Broadway, LLC and <br />BAG -GEM Properties, LP for the project. This License Agreement is to allow the <br />contractor of the project, Devcon Construction Inc., to utilize a portion of the City parking <br />lot (19 parking spaces) behind the 2075 Broadway property for staging. Attachment 1 <br />provides the exact location. <br />ANALYSIS <br />Due to the 2075 Broadway project being built to the property lines, the contractor needs <br />space outside of the 2075 Broadway property for normal construction activities such as <br />demolition, material deliveries, dirt hauling, staging materials, staging equipment, crane <br />operation, groundwater processing and setting up a construction trailer. Engineering <br />has issued an Encroachment Permit for the use of City right of way for demolition, <br />material deliveries and dirt hauling. Additional space is needed for staging materials, <br />staging equipment, crane operation, groundwater processing and setting up a <br />construction trailer. The 19 parking spaces behind the 2075 Broadway property are <br />ideal because they adjoin the project site and can be secured with construction fencing. <br />Additionally, having the mobile crane set up within the City parking lot will limit the <br />crane's arm from swinging over pedestrians and vehicles. The agreement will allow the <br />contractor to fence off the 19 parking spaces for 12 months, and will allow the City <br />Manager to extend the term for an additional six months. However, the circulation of the <br />parking lot, and all other parking spaces within the lot, will be maintained. While the <br />parking lot does receive regular use, the nearby Jefferson and Marshall garages also <br />