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7.1.J. - Page 2 <br /> abandon the shoring piles in place. The shoring piles would be at least five feet below <br /> grade and leave the anchors permanently in the right-of-way. This agreement sets forth <br /> an exception to special provision No. 9 of the encroachment permit to allow the Owner <br /> to abandon the improvements in place when the improvements are located more than <br /> five feet below grade. <br /> In the agreement, the Owner agrees and acknowledges that a portion of the <br /> improvements will remain and be located within the right-of-way and that the City may <br /> perform work and maintenance within the right-of-way. This work may require removal <br /> of the abandoned improvements and subsequently may cause damage to buildings and <br /> structures located on the property adjacent to the improvements. The Owner waives, <br /> releases and discharges the City from any damages and liabilities related to, caused by <br /> or arising from the removal of the improvements or the presence of the improvements <br /> during work within the right-of-way performed by the City or its contractors. The Owner <br /> also agrees to pay the City a lump sum payment of $122,250 prior to issuance of the <br /> encroachment permit to compensate the City for potential future removal of the <br /> improvements. <br /> ALTERNATIVES <br /> Council may choose not to approve the agreement and direct the Owner to design an <br /> alternative shoring method. <br /> FISCAL IMPACT <br /> There is no fiscal impact to the City as a result of this action. <br /> ENVIRONMENTAL REVIEW <br /> The Planning Commission made the findings that the Initial Study has been completed <br /> in compliance with the California Environmental Quality Act and determined that there is <br /> no substantial evidence that the Project would result in new environmental impacts <br /> beyond those previously identified in the Downtown Precise Plan program EIR. <br /> M. SABER SARWARY, P.E. <br /> ACTING CITY ENGINEER <br /> s1� <br /> AARON AKNIN <br /> COMMUNITY DEVELOPMENT DIRECTOR <br />