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7.1.J. - Page 1 <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From the City Manager <br /> June 23, 2014 <br /> SUBJECT <br /> Agreement regarding improvements in right-of-way, waiver, release and hold harmless <br /> for the development at 525 Middlefield Road by Downtown RWC RES, LLC, a Delaware <br /> limited liability company <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 Downtown <br /> RWC RES, LLC, related to shoring activity for the INDIGO project at 525 Middlefield <br /> Road. <br /> BACKGROUND <br /> Downtown RWC RES, LLC, a Delaware limited liability company, is the Owner of <br /> Record of real property located at 525 Middlefield Road and is the developer <br /> responsible for the construction of all improvements. The project will create a new <br /> mixed use project comprised of three ten-story towers and several two to three story <br /> podium buildings above a three level parking structure. The building exterior and <br /> underground garage are proposed to be built to the property line. As a result, the Owner <br /> is installing shoring anchors and other improvements within the City's right-of-way <br /> adjacent to the property to appropriately shore the excavated portion of the site. <br /> Similar shoring installations and related improvements have been constructed in the <br /> past. For example, a similar system was constructed at the Crossing 900 office <br /> development. The proposed agreement governs the terms and conditions of this <br /> specific installation. There is no foreseeable impact to the right-of-way because of <br /> conditions placed the installation of the shoring anchors. Furthermore, there will not be <br /> additional traffic or circulation impacts because of the installations proposed for this <br /> project. <br /> ANALYSIS <br /> Downtown RWC RES, LLC applied to the City for an encroachment permit to install <br /> shoring anchors and other improvements within the City's right-of-way as components <br /> of the shoring system intended to support the garage excavation. The encroachment <br /> permit allows for the construction of improvements within the right-of-way. It also <br /> requires the Owner to remove all of its improvements at the Owner's expense, when <br /> directed so by the City (see Special provision No. 9). Due to the complexity of removing <br /> the shoring system subsequent to construction of the garage, the Owner desires to <br />