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SR-414-003 (5) F:\Redevelopment\civic center\Maguire\tie-back agt v5 City Council Meeting 5-23-00 Santa Monica, California TO: Chairperson and Redevelopment Agency FROM: City and Redevelopment Staff SUBJECT: Recommendation to Adopt a Resolution Authorizing the Executive Director to Negotiate and Execute Tie-back License Agreements and other Agreements Relating to the Management and Maintenance of Agency-owned Property. INTRODUCTION This staff report recommends that the Redevelopment Agency adopt the attached resolution (Attachment A) which authorizes the Executive Director to negotiate and execute tie-back license agreements and other agreements relating to the management and maintenance of Agency-owned property. BACKGROUND On April 11, 2000 the Redevelopment Agency purchased approximately 11.6 acres of land from the RAND Corporation. As a result of this purchase, the Agency will enter into contracts from time to time regarding the temporary use and management of this property. Recently, Maguire Partners Development, Ltd. approached staff to request tie-back license agreements for its development at 1733 Ocean Boulevard. These agreements would allow Maguire Partners to install a series of steel construction rods or strands, referred to as ?tie-backs,? beneath the Agency?s property, in order to shore the side walls during construction of its underground parking structure. The City previously 1 executed a similar agreement with Maguire Partners for tie-backs beneath Ocean Avenue. DISCUSSION The City Attorney?s office and staff have been working with Maguire Partners to structure agreements comparable to that with the City for tie-backs into the Agency?s property located immediately to the north and south of the Maguire Partners? site. The license agreements would require Maguire Partners to either remove the tie-backs, or reimburse the Agency for the removal costs, should the Agency develop a project requiring subterranean construction in the area of the tie-back rods. The obligations of the tie-back license agreements would be binding upon Maguire Partners and any successors in interest to the property. The agreements will also be recorded to ensure notice to any successors of this obligation. FINANCIAL/BUDGET IMPACTS Maguire Partners would be required to pay the Agency an amount equivalent to the fees required by the City for tie-back encroachment into the public right-of-way ($701 per project) to account number 17263.400170. RECOMMENDATION It is recommended that the Redevelopment Agency adopt the attached resolution which authorizes the Executive Director to negotiate and execute tie-back license agreements and other agreements relating to the management and maintenance of Agency-owned property. 2 Prepared by: Jeff Mathieu, Director of Resource Management Bob Moncrief, Housing and Redevelopment Manager Mona Miyasato, Senior Administrative Analyst William Buol, Civil Engineer Linda Moxon, Deputy City Attorney Lyn Cacciatore, Deputy City Attorney Attachment A: Resolution 3