HomeMy WebLinkAbout4.2 MAD86-1WtrAgrmntTR5511CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: July 10, 1989
SUBJECT:
Agreement with Rafanelli & Nahas for Sharing of
Irrigation Water Usage Costs - Tract 5511 (Villages at
Willow Creek)
(Report by Public Works Director Lee Thompson)
EXHIBITS ATTACHED: 1) Resolution
2) Agreement
RECOMMENDATION: /~/~Ad/opt resolution approving agreement.
FINANCIAL STATEMENT:
The City's portion of the water usage is paid by
Landscape Maintenance Assessment District 1986-1.
86-1 Landscaping & Lighting Maintenance Assessment District
DESCRIPTION:
The landscaping installed by Rafanelli and Nahas within the Alamo Creek
right-of-way, which is to be maintained by Rafanelli and Nahas for a period of
three years and then taken over by Zone 7, shares common irrigation meters
with some of the landscaping that is maintained by the City as part of the
Villages' Landscape Maintenance Assessment District.
In order for the cost of the water usage to be divided equitably between the
Assessment District and Rafanelli and Nahas, "deduct meters" are proposed to
be installed for the creek landscaping. The deduct meters measure the water
flow to the creek landscaping only, while the regular meter measures the water
flow to all of the landscaping. The Dublin San Ramon Services District will
issue invoices to the City for the entire cost of the water, and the City
will, in turn, bill Rafanelli and Nahas for the cost of the water that has
been measured by the deduct meters.
Rafanelli and Nahas will be responsible for installing the deduct meters. It~e
City's maintenance staff will read the deduct meters.
After the three-year establishment period, the water to the creek channel will
be cut off; so it will not be necessary to have this type of agreement with
Zone 7.
Staff recommends that the City Council adopt the resolution approving the
agreement.
ITEM NO. ~ ~ COPIES TO: Rafane!li & Nahas
RESOLUTION NO. -89
A RESOLUTION OF THE GITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH RAFANELLI AND NAHAS FOR
SHARING OF LANDSCAPE IRRIGATION WATER USAGE COSTS
TRACT 5511
WHEREAS, landscaping maintained by Rafanelli and Nahas within
Tract 5511 and landscaping maintained by the City as part of Landscaping and
Lighting Maintenance Assessment District 86-1 share common meters for
irrigation water usage; and
WHEREAS, the City and Rafanelli and Nahas desire to equitably
divide the cost of the water usage measured by said meters;
NOW, THEREFORE, BE IT RESOLVED ~hat the City Council of the City
of Dublin does hereby approve the agreement attached hereto as "Exhibit A,"
which provides for distribution of water costs between the City of Dublin and
Rafanelli and Nahas.
PASSED, APPROVED, AND ADOPTED this 10th day of July, 1989.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
AGREEMENT
BETWEEN CITY OF DUBLIN
AND RAFANELLI & NAHAS
REGARDING WATER CHARGES
(VILLAGES AT WILLOW CREEK - TRACT 5511)
WHEREAS, Rafanelli & Nahas, a California General Partnership ("Developer"),
is the developer of Tract 5511, commonly called "Villages at Willow Creek,"
and
WHEREAS, the City of Dublin (VCity") formed a maintenance assessment district
entitled "Landscaping and Lighting Maintenance Assessment District 1986-1"
for maintenance of landscaping within the area shown on Exhibit A hereto; and
WHEREAS, the Lighting and Landscaping Maintenance Assessment District 1986-1
does not include maintenance of the landscaping within the Alamo Creek
Channel right-of-way controlled by Zone 7 as shown on Exhibit A hereto;
NOW, THEREFORE, the City and Developer agree as follows:
1) The City will pay all water bills received from the Dublin San Ramon
Services District (DSRSD) for the areas shown on Exhibit A.
2) Developer shall, on a monthly basis and within ten (10) days of
presentation to Developer of a statement from City and a copy of the DSRSD
bill to City, pay City the cost of water usage for the Alamo Creek right-of-
way irrigation as evidenced by readings taken from the "deduct" meters
installed. The City's maintenance staff shall read the "deduct" meters.
City reserves the right to interrupt water service to the Alamo Creek right-
of-way landscaping if Developer fails to remit the amount billed within the
specified ten-day period.
3) In the event that separate billing meters are installed at a future date
for the area shown on Exhibit A as Zone 7 right-of-way, Developer agrees to
pay for such water directly to DSRSD.
Dated:
CITY OF DUBLIN
ATTEST:
City Clerk
Approved as to form:
Mayor
RAFANELLI & NAHAS
Genezal Partner
City Attorney