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99-0706_CALLE PERFECTO BUSINESS PARK LLC_D5_Agenda ReportAGENDA ITEM July 6, 1999 TO: George Scarborough, City Manager FROM: Douglas D. Dumhart, Principal Management Analyst SUBJECT: Consideration of Hold Harmless Agreement for Acceptance and Development of the Calle Perfecto Extension - Calle Perfecto Business Park, LLC, Located at the Northerly Terminus of Calle Perfecto. By motion, approve the Hold Harmless Agreement with Calle Perfecto Business Park, LLC and authorize the Mayor to execute the agreement. SUMMARY: The City Council accepted Offer A of Tract 10564 an easement for street and utility purposes at their meeting of May 18, 1999. The acceptance of the irrevocable offer of dedication allows the development of the Calle Perfecto Business Park to proceed. The Developer is responsible for street and utility improvements from the current terminus of Calle Perfecto to their project site. In consideration of City's acceptance of the offer of dedication, and Agency's agreement to assist Pacific Sales in locating to the project, the Developer agrees to hold, save, and defend the City and Agency from any claims that may arise out of the City's acceptance of Offer A and its subsequent development for road and utility purposes. At this time staff is recommending approval of the attached Hold Harmless Agreement. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable FINANCIAL CONSIDERATIONS: In consideration of the City's Redevelopment Agency providing assistance to Pacific Sales, the Developer of Calle Perfecto Business Park agrees to hold harmless and indemnify the City from any claim or damages in an amount not to exceed the assistance provided to Pacific Sales. The Pacific Sales financial assistance package is worth $220,000. The Hold Harmless Agreement is limited to claims filed within one year following the completion of the Calle Perfecto extension. FOR CITY COUNCIL AGENJ AGENDA ITEM -2- NOTIFICATION: Calle Perfecto Business Park, LLC ALTERNATE ACTIONS: July 6, 1999 1. By motion, approve the Hold Harmless Agreement with Calle Perfecto Business Park, LLC and authorize the Mayor to execute the agreement. 2. By motion, approve the Hold Harmless Agreement with Calle Perfecto Business Park, LLC and authorize the Mayor to execute the agreement subject to modifications. 3. By motion, continue item and refer to staff for additional information. RECOMMENDATION: By motion, approve the Hold Harmless Agreement with Calle Perfecto Business Park, LLC and authorize the Mayor to execute the agreement. Respectfully submitted, Ao,/C ZZOVI Douglas D. Dumhart Principal Management Analyst Attachment: Hold Harmless Agreement