BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Amendment No. 1 to Option Agreement for Acquisition of Temporary Construction Easement (TCE) Interest from Anita S. Siegel, Trustee or Successor Trustee of the Anita S. Siegel 2001 Trust dated June 27, 2001 (Owner), for the Permanente Creek Flood Protection Project (Project), Project No. 26244001, APN No. 189-03-047, Real Estate File No. 1016-84 (Los Altos) (District 5).
End
RECOMMENDATION:
Recommendation
Approve and authorize the Chief Executive Officer to execute Amendment No. 1 to Option Agreement for Acquisition of Temporary Construction Easement Interest from Anita S. Siegel, Trustee or Successor Trustee of the Anita S. Siegel 2001 Trust dated June 27, 2001 (Owner) to reflect the New Baseline Rent being paid to the Owner by her tenants.
Body
SUMMARY:
The Permanente Creek Flood Protection Project (Project) is a Clean, Safe Creeks funded project that will provide flood protection to approximately 2,200 parcels. As part of the project, the District requires a Temporary Construction Easement (TCE) (Attachment 1) to facilitate modifications to an existing concrete channel wall along two areas of Hale Creek adjacent to the Siegel property in Los Altos, California. The TCE affects approximately 65 linear feet of the channel wall as shown on Exhibit A of the Agreement (Attachment 2). The channel will be deepened and the channel wall will be raised increasing the maximum depth of the channel by up to four feet.
Acquisition of the easement and construction associated with the easement is consistent with the overall purpose of the project.
On November 20, 2012, the Board adopted RESOLUTION NO. 12-76 certifying a Final Subsequent Environmental Impact Report (FSEIR) for the Permanente Creek Flood Protection Project. This Board action satisfies the express conditions contained in the option agreement.
On August 13, 2013, the Board authorized the CEO to exercise the District option rights under option agreement with A...
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