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sr-052769-8c';`~ ~~~ ~ ~ ~, CITY OF SANTA MONICA7.~, ~ b9-C-26 `•, DATE: May 21, 1869 ~~~'~ ~~°~.~~T~"v~l~~ TO: .The Honorable City Council MAY) ~ l~~i~ RIi7IIS Nft7s~~~'gt'fII; FROM: City Manager CITY C ~ , I bl~'S C31'I"1CE FOIE hIZ,1P~TG. SUBJECT: Authorization for Issuance of Encroachment Permit In preparing the construction plans for the Lawrence Welk Plaza (Wilshire West project}, the underground parking structure was designed to occupy a portion (6, 240 sq. ft.) of the street right of way between the curb line on Ocean Avenue and the property line. The subterranean parking structure, if constructed as planned, would limit city use of this right of way for any purpose except street widening. In this connection, it should be noted that the major portion of our utility system and that of private utilities are currently constructed within the traveled way portion of street right of way, in that it is normally more accessible and less costly than attempting to construct and maintain utilities beneath the sidewalk areas. In any event, failure to approve the encroachment permit would require the redesign of the project or the deletion of about 26 parking spaces. Although this office cannot support the encroachment without compensation for the extent of the taking, I do support the encroachment at a fee of $23, 400 which the Wilshire West firm is quite willing to pay. Accordingly, it is recom- mended that the City Council authorize the issuance of the permanent encroachment permit subject to the payment of the fee and the design of the subterranean parking structure to accommodate future street widening. PERRY SCOTT', City Manager PS/cc c. c. City Clerk City Attorney Building Officer Director of Finance Director of Public Works j ~ `.,. </j fitly 79a S~1 tp°~ Hwy S'. `~; C~ .~.,t%'tll1~Y°t `v'tt,,ai:xu `;'Jesus C:o,1aLr~tny C(CZ "k"c:lr,„b.ic.t~<r 1"'s:r~.~atu4;€er~azs, ~lsi~. >?~~~°t=s 'rH Y~,fi2~.k`i; T:;°,r+tl.w~r~ cti Mi c.l3~vt d`'w' 45E1~G. E4y C,y+X k.~+J k'Y1R?. ~3 (1=~•iJ:a lu,~l+a~y, I•ef,~y <'7, sia~ ~is~° f:,satttr~l ~usl's,>~$z.W. i~~-« a~att.~axec~ tia „1 ~: v. Y°CYlca 1'lE.X9~ GC1C 4"L+'",2.011"e:t:.!^'tl~ ~iC?X"1"?7 x~: ~;fY ~V a~`--",. °Yi.3°f: S~`(C9.w3~ £©Y" i2 Ci?u~.'1 ~7.:ty2'st t^, its rJZ ~%3, ~wv~! ~?~t=~:~ sit.~= tnsf; of :!nf xt v,~;~t~;.a s^y taCzl~iy s•rslo~:atinns. 'S~ary srttzy yrsttr~, I'L~P;x~'~' vC;<CY~"~°n ~fty ~.i7~:yG,:~~b c. c. ir9,rccs°.~~° of ~ts~slic `e'Jcrorlc~ ,...\ ,, ~ `, A G R E E M E N T /" ~, THIS AGREEMENT entered intothis~_Z ~ day of ~- ~, lg6__, by and between the CITY OF SANTA MONICA, A Municipal Corporation, hereinafter called CITY, and STOLTE, INC.., 3345 Wilshire Boulevard, Los Angeles, California, hereinafter called CONTRACTOR: WITNESSETH: WHEREAS, the Contractor is participating in the construction of apartment and office facilities on the Southeast corner of Wilshire Boulevard and Ocean Avenue (Lots Q, R, S, T, U, V, W, X and Z, Block 123, Town of Santa Monica), and WHEREAS, said project vaill necessitate the relocation of an 8-inch water main in Ocean Avenue. now owned and operated by the City of Santa Monica, and WHEREAS; the City desires to increase the size of the water main in Ocean Avenue rather than replace it with a main of the same. size, and WHEREAS, said apartment and office facilities will be served from water from this enlarged main. N06J, THEREFORE, IN CONSIDERATION OF THEIR I4NTUAL COVENANTS AND CONDITIODIS,~THE PARTIES HERETO AGREE AS FOLLO?^JS: 1. The City will design and install a new 12-inch water main in Ocean Avenue from Wilshire Boulevard to Arizona Avenue, and will sever all connections to the existing 8-inch water main:. 2. The City will relocate fire hydrants in this block to eliminate any conflict with the apartment and office facilities, and to provide adequate fire protection. 3• The Contractor will pay toward the cost of the 12-inch water main the equivalent cost of an 8-inch main in Ocean Avenue frorn the existing 16-i.nch main in Wilshire Bculevard on the North to the south property line of Lot ~, Block 123, Town of Santa Monica, a distance of approximately 470 feet. 4. The Contractor twill pay toward the cost of the fire hydrant relocations the equivalent cost as if the hydrants were relocated off an 8-inch main, rather than a i2-inch main. 5. Prior to the installation of the 12-inch main,. the Contractor will deposit vaith the City the sum of .6,375.00 as its estimated share of the water main and fire hydrant costs. Upon completion of the installation, the .City will determine what the actual cost to the Contractor would have been had an 8-inch water main been installed. To this amount will be added a 10 percent charge for overhead. The City will refund to the Contractor any portion of the deposit wh9.ch is in excess of the equivalent cost and overhead. If the deposit paid by the Con- tractor is less than the equivalent cost and overhead, the Contractor shall pay to the City the difference between the deposit and the equivalent cost and overhead. 6. Should either party hereto institute any action or proceeding in court to enforce any provision hereof or for damages by reason of an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to receive. from the losing party all costs and expenses and such amount as the court may adjudge to be reasonable attorneys'. fees for the services rendered to the prevailing party in such action or proceeding. 7. Notwithstanding, anything herein contained to the contrary, this Agreement may be terminated and the pro- visions thereof may be altered, changed or amended by mutual consent of the parties hereto. IN WITNESS Z^1HERECF, the parties to these presents have hereunto set their hands the year and date first above written. ATTEST: ~`_°L=_ - ~- Cl k Approved as to form this day of 1968 CITY OF SANTA MCNICA, a Munic~a~.-6,orporation By STCLTE, INS`. C~o-nt~ractor ~~ ~obeet G. Goclcins,~Cty AAttorney