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L.1- S -Z <br />The schedule for construction of the new underground garage is expected to be from <br />approximately September 1, 2003 to September 2004. It is critical that the excavation and <br />the shoring be completed prior to the 2003/04 rainy season. Thus, it is anticipated that the <br />majority of the excavation will be completed by November 2003. An agreement for the <br />excavation and construction of the public parking garage will be forthcoming. <br />On February 24, 2003, the Council and the Agency Board approved a Construction and <br />Reimbursement Agreement (the Culvert Agreement) with BHV Innisfree Ventures I, LLC to <br />construct a concrete storm drain culvert on a new alignment outside of the area for the <br />proposed underground garage on Block One. (Currently there are two 9' wide storm drain <br />box culverts (side -by -side) underlying Block One, crossing it on a diagonal alignment.) That <br />construction project is nearing completion. <br />The Site Clearing Agreement now being recommended will be in substantially the same <br />legal format as the Culvert Agreement, but with a different cost and scope of work. The <br />scope of work for the Site Clearing Agreement will be: <br />• Remediation of hazardous materials in all remaining buildings on the block <br />• Demolition of the remaining buildings <br />• Relocation of a 12 -inch water line <br />• Relocation of a 10 -inch sewer line <br />• Construction of a joint trench for other utilities <br />• Fencing and traffic control <br />The estimated cost for the above work is $1.22M. These funds will be advanced from the <br />$20M loan from the City to the Agency. A portion of these costs will be refunded back to <br />the Agency. The developer is responsible for the costs of abatement and demolition of the <br />buildings and will reimburse this cost at the time he purchases the air rights for construction <br />of the retail- cinema project. The water and sewer line relocation will be reimbursed from <br />the respective City enterprise funds. The cost of the construction of the utility joint trench <br />will be reimbursed by PG & E and SBC. A cost allocation summary is attached. <br />Although there is no formal agreement attached for your review at this time it is necessary <br />to authorize the following work immediately in order to stay on the fast -track schedule for <br />the excavation. The work will not begin until there is a formal executed agreement <br />approved by the City Attorney. Authorizing the agreement now allows the developer to <br />mobilize the contractors in preparation for the start of the work. <br />Alternatives <br />1. Do not authorize the City and the Agency to enter into the construction and <br />reimbursement agreement to start the underground public parking garage. In this <br />case, the proposed underground public parking structure under Block One could not be <br />constructed at this time. <br />2. Direct staff to seek alternative solutions. <br />F:Atty/CD /Agenda.Garage Constr & Reimb. 2 <br />