Item 12 - Agreement with the Legacy Fund for Use of 10th Street

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Public Works Agency www.santa-ana.org/public-works Item # 12 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 29, 2023 TOPIC: Agreement with the Legacy Fund for Use of loth Street AGENDA TITLE Approve a License Agreement with The Legacy Fund for Use of 10th Street Right of Way (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a license agreement with The Legacy Fund, a nonprofit public benefit organization, for use of public right-of-way on loth Street between Main Street and Sycamore Street for improvements for the use and benefit of Orange County School of Arts students, staff, and faculty, for a 10-year term with two optional five-year extensions, with a $3,000 annual license fee paid to the City, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION On September 5, 2000, the City Council adopted Resolution No. 2000-059 closing the portion of 1 oth Street between Main Street and Sycamore Street to vehicular traffic. Since then, this portion of 10th Street has been closed to traffic and primarily used as a loading zone and pedestrian area by Orange County School of the Arts (OCSA) students, faculty, and staff (Exhibit 1). On December 11, 2020, OCSA transferred ownership of land that the school sits on to The Legacy Fund (TLF), a nonprofit public benefit corporation. TLF operates for the benefit of OCSA. On October 24, 2022, TLF submitted plans for various improvements at the OCSA campus known as the Campus Green project. As part of this proposed project, OCSA is requesting to make improvements on the closed portion of loth Street including installing new street trees, moveable outdoor furniture, and painting graphics on the street surface for the use and benefit of their students, staff, and faculty (Exhibit 2). The cost of the proposed improvements will be paid for and maintained by TLF. The City and TLF must enter into a License Agreement (Exhibit 3) to document TLF's right to improve, use, and maintain the area, to resolve liability issues, identify insurance requirements, and to prescribe terms of indemnification of the City by the TLF.