HomeMy WebLinkAboutItem 8.7 DBXX Freeway Agreement CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 25, 1991
SUBJECT:
Dublin Boulevard Extension/I-580 Freeway Agreement
(Prepared by= Richard C. ~mbrose, City Manager)
EXHIBITS ATTACHED:
Draft Agreements (Exhibits I and II)
B~RT Settlement Agreement (Exhibit III)
RECOMMENDATION :~~1)
Approve Agreements
Authorize Mayor to execute agreements
FINANCIAL STATEMENT:
See below.
DESCRIPTION: In 1988, the City initiated a General Plan /~nendment
Study with the purpose of accelerating a roadway connection between
Dougherty Road and Tassajara Road. This roadway connection would improve
access to properties located east of Dougherty Road and improve regional
transportation access to 1-580.
Once the General Plan Amendment was amended and right-of-way llnes
established, the City faced two major obstacles: 1) obtaining access
across Army and County lands; and 2) financing the construction of an
extension of Dublin Blvd. from Dougherty Road to Tassajara Road.
In early 1988, the City received a request from a property owner on
Dougherty Road to assist the property owner in forming an assessment
district to finance the construction of the Dublin Boulevard extension from
Dougherty Road to the Southern Pacific Railroad Right of Way (SPRR ROW).
The attempt to form the assessment district was not successful because
sufficient interest on the part of adjacent property owners could not be
generated.
In 1989, the City Council authorized a redevelopment feasibility study to
determine whether tax increment financing alone would generate sufficient
funds or bonding capacity to undertake the construction of Dublin Boulevard
from Dougherty Road to the SPRR R-O-W. The preliminary analysis indicated
that tax increment financing from the area in question would not generate
sufficient funding for the project given the likely development that would
occur in the area without direct government intervention.
In 1990, the City applled to the State for SB 300 funding, which could
offset a portion of the cost of construction of the improvements.
In attempting to identify a funding source for the construction of the
Dublin Boulevard Extension, Staff proceeded with the understanding that the
City would form an assessment district in the future that would pay for the
construction of these improvements. Properties to be included in such an
assessment district would be all properties east of Dougherty Road that
benefit from the improvements, including East Dublin and the Santa Rita
property.
Recognizing that advancing construction of the Dublin Boulevard Extension
and two lane access road was primarily a problem of cash flow, as well as
the risk that future assessment district(s) would be in place to reimburse
the City for the cost of the project, Staff worked at attempting to solve
or minimize both issues.
ITEM NO. ~
COPIES TO:
In 1990, the City entered into a settlement agreement with the Bay Area
Rapid Transit District as a result of a lawsuit that challenged the
adequacy of B~RT's Environmental Impact Report on the Dublin/Pleasanton
Rall Extension. Although B~RT's East Dublin Station would ultimately
impact the city's circulation system in the vicinity of Dublin Boulevard
and Dougherty Road, and benefit by the extension of Dublin Boulevard, B~RT
assumed little or no responsibility in the EIR for those improvements which
would benefit the East Dublin BART Station. The settlement agreement
stipulates that BART will advance the City of Dublin a total of $2.285
million for the purpose of building a two-lane road north of and parallel
to I-SS0 located generally along the alignment of the proposed extension of
Dublin Boulevard between Dougherty Road and the future extension of
Hacienda Drive. This advance is to be repaid from assessments, exactions,
etc. with interest within 20 years provided the City is able to legally
collect such assessments. The entire $2.285 million is to be advanced for
this period, on1¥ if BART determines to build the entire parking lot for
the East Dublin BART Station on the north side of I-$80. If the parking is
split between the north side and the south side of 1-580, then the 20 year
term would apply to only $1.061 million, with $1.224 million to be repaid
by December 31, 1995.
During the same period, the North Pleasanton Improvement District (NPID)
began proceeding with the development of the Hacienda/I-580 and Santa
Rita/I-580 interchange improvements. The NPID and the City of Pleasanton
were informed by the Federal Highway Administration (FHWA) that a parallel
road connecting Dougherty Road and Tassajara Road would be required before
these interchanges could be opened. In addition NPID would be required to
acquire right-of-way from the owner of the Santa Rita property (Surplus
Property Authority) to complete those freeway improvements it initially
anticipated completing. Due to the interrelated nature of the Dublin
Boulevard/Two Lane Access Road and the freeway improvements, it became
apparent to the Staff of Dublin, Pleasanton and Alameda County that each
agency would benefit by working together to develop a plan to finance not
only the road parallel to 1-580, but also completing the full improvements
to the 1-580 interchanges at Hacienda Drive and Tassajara/Santa Rita Road.
Those discussions resulted in the proposed two agreements (attached).
DUBLIN BOULEVARD AGREEMENT/TWO LANE ACCESS ROAD
The Dublin Boulevard/Two Lane Access Road Agreement is entitled "Agreement
Between the City of Dublin, the City of Pleasanton, the County of Alameda,
and the Surplus Property Authority Regarding Construction of Certain
Freeway Improvements." The improvements which are actually being
constructed include:
An extension of Dublin Boulevard from Dougherty Road to the west side
of the Southern Pacific Railroad Right-Of-Way (This improvement will
include the construction of Chabot Road connecting Scarlett Court and
the new extension of Dublin Boulevard);
A two lane roadway extension from the west side of the Southern
Pacific Railroad Right-Of-Way to Tassajara Road~
The extension of Hacienda Drive from 1-580 to the Two Lane Access
Road.
In order to construct these improvements, property will need to be acquired
from: 1) private property owners between Dougherty Road and the Southern
Pacific Railroad Right-Of-Way~ 2) Alameda County, which owns the
.transportation corridor along the Southern Pacific Railroad Right-Of-Way,
and will acquire the right-of-way across the United States Army property on
behalf of the City of Dublin~ and 3) the Alameda County Surplus Property
Authority, which owns the Santa Rita property The agreement identifies the
following responsibilities for the parties to the agreement.
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Pleasanton
Design and construct the Two Lane Access Road and the Hacienda Drive
Extension in accordance with Dublln's specifications and subject to
inspection by Dublin.
e
Remove any portion of any structure within the right-of-way for the
Two Lane Access Road and the Hacienda Drive Extension.
Reimburse Dublin for the cost of inspection.
The amount of Pleasanton's obligation to design and construct the
improvements called for by the agreement shall not exceed $3.8 million.
This amount would be reduced by any funding by outside sources including
but not limited to SB 300 funding·
Surplus Property Authority
Dedicate right-of-way through the Santa Rita property required for the
Two Lane Access Road and the Hacienda Drive Extension to the City of
Dublin.
Arrange for the conveyance to Dublin of the County property which
includes the transportation corridor along the Southern Pacific
Railroad Right-Of-Way.
In the event that Dublin exercises its right under the Dublin/BART
Agreement to receive a short term advance in the amount of $1,224,000
and such advance has not been repaid by Dublin to BART by October 31,
1995 from the proceeds of assessments, exactions, etc., the Surplus
Property Authority will guarantee Dublin that the Surplus Property
Authority will repay the full amount of such advance together with
interest.
Reimburse Pleasanton for one half the cost of construction together
with accrued interest, if Pleasanton has not been repaid within 12 1/2
years of the affected date of the agreement.
Surplus Property Authority will be subject to assessment fees,
exactions, etc. for improvements for and in addition to the Two Lane
Access Road and Hacienda Drive Extension improvements to be
constructed pursuant to this agreement.
Alameda County
Dedicate to Dublin or arrange for dedication to Dublin the right-of-
way for the Two Lane Access Road in fee simple title through the Camp
Parks property· If fee simple title cannot be obtained, the County
shall facilitate the issuance of a right-of-entry easement acceptable
to the City of Dublin from the United States of America. If the
County is unable to comply with this requirement by March 30, 1991,
Dublin may obtain the necessary right-of-way through Camp Parks
property on its own behalf·
The County agrees that the Santa Rita property may be subject to
assessment fees, exactions, etc. for improvements for and in addition
to the Two Lane Access Road and Hacienda Drive Extension improvements.
Dublin
Dublin will act as the lead agency in the construction of the Two Lane
Access Road, Hacienda Drive Extension, and Dublin Boulevard Extension.
Dublin shall prepare and certify whatever environmental documents are
required for these improvements.
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10.
11.
12.
13.
Dublin shall provide inspection services for the construction of the
Two Lane ~ccess Road and Hacienda Drive Extension.
Dublin shall obtain right-of-way through the westerly fifty feet of
the former Southern Pacific Right-Of-Way.
Dublin shall obtain the necessary right-of-way, design and construct
the Dublin Boulevard Extension.
Dublin shall accept the improvements constructed by Pleasant·n, and
maintain such improvements as public streets.
Dublin shall reimburse Pleasanton in an amount equal to the cost of
the construction together with accrued interest from the proceeds of
assessments, exactions, etc. which are imposed by Dublin on any and
all properties east of Dougherty Road for the purpose of paying for
reimbursing Dublin for its obligations for the cost of construction.
Dublin will seek a levy of assessments, special taxes, exactions, etc.
on properties east of Dougherty Road including Federally owned
property which is converted to private use by sale or lease to the
fullest extent allowed by law.
Dublin will include the cost of construction in the first assessment
district formed by Dublin in the area east of Dougherty Road.
In the event that Dublln has not within 12 1/2 years of the affected
date of the agreement fully reimbursed Pleasanton from assessments,
exactions, etc., Dublin agrees to reimburse Pleasanton one-half of the
remaining unpaid amount of the cost of construction together with
accrued interest.
Dublin agrees to reimburse Surplus Property ~uthority in the amount
equal to the amount paid by Surplus Property Authority to Pleasanton
from assessments, exactions, etc.
Dublin shall give credit to the Surplus Property Authority for 1)
dedication of right-of-way through Santa Rita Property~ 2) conveyance
of one-half of the total square footage of County Property; 3)
dedication of fee title to right-of-way through Camp Parks Property.
These credits shall be applied against any assessments levied against
the Santa Rita Property by Dublin for infrastructure improvements
benefitting the Santa Rita Property.
Dublin shall use monies received from the State SB 300 program to
proportionately reduce the costs of construction for Dublin and
Pleasanton.
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PROJECT COSTS/REVENUES
The cost of constructing the Dublin Boulevard Extension, Two Lane Access
Road and Hacienda Drive Extension improvements are estimated as follows=
COSTS
Two Lane Access Road/Hacienda Drive Extension
Dublin Boulevard Extension to Tract 5900
Dublin Boulevard Extension from Tract 5900
to SPRR ROW
(1)
(2)
(3)
$ 3,800,000.00(1)
2,726,000.00
673,000.00(2)
Total Cost $ 7,199,000.00(3)
Does not include cost of right-of-way acquired from Alameda
County and the Surplus Property Authority.
Does not include value of right-of-way acquired from Tract 5900.
Total does not include (1) and (2) above.
REVENUE SOURCES
Advance from NPID
Advance from B~RT
Sale of Excess Right-of-Way
Reimbursement from Owner of Tract 5900
$ 3,800,000.00
2,285,000.00
441,000.00
673,000.00
Total Revenues
$ 7,199,000.00
The advances identified above may be reduced by $610,000 in BB 300 monies,
if the State funds the program.
Reimbursement for those costs associated with this project would be repaid
from the proceeds of assessments, exactions, etc., levied by the City of
Dublin upon properties east of Dougherty Road.
If such assessments were not available within 12 1/2 years from the date of
the agreement, the City of Dublin would only be obligated to reimburse
Pleasanton for $1.9 million plus accrued interest from any source of funds
available to the City of Dublin. Dublin could subsequently reimburse
itself from future assessments, exactions, etc., subsequently levied upon
properties east of Dougherty Road.
THE FREEWAY AGREEMENT
The Freeway Xgreemen% is en~[%1ed '~greemen~ 9e%ween %he ~y o~ Dubl{n,
the city of Pleasanton, the County of the Alameda, and the Surplus Property
Authority Regarding Construction of Certain Freeway Improvements."'
, As discussed above, Alameda County, Dublin and Pleasanton have been
negotiating an agreement regarding the construction of additional
improvements to the interchanges located at Hacienda Drive and 1-580 and
Tassajara Road and 1-580. The City of Pleasanton, through the North
Pleasanton Improvement District, has agreed to make additional improvements
to these interchanges to serve the Santa Rita property and East Dublin
properties. These improvements include a Hacienda eastbound loop on-ramp,
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widening of the Hacienda Bridge to six lanes, a Hacienda westbound diagonal
on-ramp, and a Santa Rita/Tassajara westbound diagonal ramp. These
improvements are identified as additional improvements, over and above the
inltial improvements that Pleasanton anticipated constructing at both
interchanges. The Staffs of each respective agency believe that it is
desirable to construct the additional improvements in conjunction with the
initial improvements at the same time, to reduce hazards and inconvenience
to the public, to reduce the overall construction cost of the project, and
reduce the future assessments to the Surplus Property Authority and East
Dublin property owners.
In order for Pleasanton to be able to construct the initial improvements it
anticipated on the north side of 1-580, Pleasanton had to acquire the
Surplus Property Authority Property Rights. These rights included right-
of-way, utility easements, warehouse relocation expenses, utility
relocation rights, and access replacement costs and sewer replacements
costs. The total value of these rights is estimated at $ 2,135,250.00 as
described in Exhibit I.
In exchange for giving up these property rights to the City of Pleasanton,
the Surplus Property Authority wanted the City of Pleasanton to construct
the additional improvements described above, and is willing to provide the
right-of-way for those additional improvements.
The Surplus Property Authority is willing to use the proceeds from
Pleasanton to design and construct the additional improvements on the
condition that the City of Dublin will credit the Surplus Property
Authority for such additional improvements, and the value of the right-of-
way for the additional improvements against future assessments, exactions,
etc., against the Santa Rita property.
Pleasanton is willing to construct the additional improvements in exchange
for the Surplus Property Authority property rights plus accrued interest as
specified in Exhibit L.
Pleasanton will also provide inspection and construction management
services for the construction of both the initial improvements and
additional improvements.
Any funds received by Pleasanton under the SB 300 program shall be applied
against the cost of construction of these improvements.
With respect to Dublin's specific obligations under the agreement, the
agreement provides that Dublin would credit the Surplus Property Authority
the value of the right-of-way easements for the additional improvements as
shown in Exhibit 3, which totals $ 1,131,000.00, together with interest
thereon commencing upon the date of acceptance by Pleasanton of the
individual construction contract improvements comprising additional
improvements. Dublin would also credit the County for the cost of
construction of the additional improvements as provided in Exhibit C,
together with interest thereon commencing upon the date of acceptance by
Pleasanton of the individual construction contract improvements comprising
additional improvements.
The interest provided for would be based on the County Treasurer's return
on ~nves~ed funds.
The credit to be given under this section by Dublin shall be applied
against any future assessments against the Santa Rita property for
infrastructure improvements benefitting the Santa Rita property.
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CONCLUSION
It is Staff's position that both the Freeway Agreement and the Dublin
Boulevard Agreement not only benefit the City of Pleasanton and the County
of Alameda, but also East Dublin property owners and the City of Dublin.
These agreements will result in lower construction costs associated with
these improvements.
Staff believes that both agreements are good examples of what can be
accomplished when local agencies work together for the benefit of the
public.
It is Staff's recommendation that the Council approve the attached
agreements, and authorize the Mayor to execute said agreements.
RCA/sh/1ss. S325EXT.doc.agenda#4
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AGREEMENT BETWEEN THE CITY OF DUBLIN,
THE CITY OF PLEASANTON, THE. COUNTY OF ALAMEDA
AND THE SURPLUS PROPERTY AUTHORITY `
REGARDING. CONSTRUCTION OF CERTAIN ROADWAY IMPROVEMENTS
`mow
THIS AGREEMENT, dated for identification this 11th day of �I
March, 1991, between the CITY OF PLEASANTON (PLEASANTON) , a -- .1
Municipal Corporation, the CITY OF DUBLIN. (DUBLIN) , a Municipal
Corporation, the COUNTY OF ALAMEDA (COUNTY) , a political
subdivision of the State of California, and the SURPLUS PROPERTY
AUTHORITY of Alameda County, a public corporation.
DEFINITIONS
For purposes of this Agreement, the following definitions
shall apply: .
A. BART/DUBLIN AGREEMENT shall mean the SETTLEMENT AGREEMENT
AND RELEASE, between DUBLIN and The San Francisco Bay Area Rapid
Transit District (BART) , dated March 27, 1990.
B. CALTRANS shall mean the California . Department of
Transportation. .
C. COSTS OF CONSTRUCTION shall mean PLEASANTON's. costs for
design and construction of the TWO LANE ACCESS ROAD and the
HACIENDA DRIVE EXTENSION. PLEASANTON's costs shall be determined
114\agree\npidfinl.ehs Page 1 of 25 February 22, 1991
EXFmrI.T.
in the manner set forth in Exhibit A, attached hereto and
incorporated herein.
D. COUNTY PROPERTY, commonly known as the Dublin-Pleasanton
transportation corridor, shall mean the approximate easterly 50
feet of the former Southern Pacific Railroad right-of-way owned by
COUNTY, as described and shown in Exhibits B-1 and B-2, attached
hereto and incorporated herein.
E. DUBLIN BOULEVARD EXTENSION shall mean the extension of
Dublin Boulevard from Dougherty Road east to the west side of the
Southern Pacific Railroad right-of-way, as a two-lane road in the
general location designated by DUBLIN Ord. No. 12-88, adopting a
right-of-way line. The specific location of the two-lane road is
shown on Exhibit C, attached hereto and incorporated herein.
F. FHWA shall mean the United States Federal Highway
Administration.
G. HACIENDA DRIVE EXTENSION shall mean that portion of
Hacienda Drive to be constructed from Interstate 580 north to the
TWO . LANE ACCESS ROAD, in the area shown on Exhibit D, attached
hereto and incorporated herein.
H. NPID #3 shall mean the North Pleasanton Improvement
District #3, as established by the City of Pleasanton.
114\agree\npidfinl.ehs Page 2 of 25 February 22, 1991
:r
I. SANTA RITA PROPERTY shall mean the approximate 600-acre
parcel of property owned by SURPLUS PROPERTY AUTHORITY, as
described and shown in Exhibits E-1 and E-2, attached hereto and
incorporated herein.
J. SURPLUS PROPERTY AUTHORITY shall mean the SURPLUS
PROPERTY AUTHORITY of the County of Alameda, a public corporation
created pursuant to Government Code §§ 40500 et seq.
K. TWO LANE ACCESS ROAD shall mean the two lane access road
from the west side of the Southern Pacific Railroad right-of-way
east to Tassajara Road, as designated by DUBLIN by Ord. Nos. 7-90
and 12-90, adopting a right-of-way line, and a bridge over
Tassajara Creek, in the area shown on Exhibit D.
RECITALS
A. DUBLIN has initiated a general plan amendment and
specific plan study of the approximate 7400 acres east of the
Southern Pacific Railroad right-of-way, which includes SANTA RITA
PROPERTY. COUNTY has contributed towards the costs of preparation
of the general plan and specific plan studies. DUBLIN, COUNTY and
SURPLUS PROPERTY AUTHORITY are -desirous of completing the general
plan amendment and specific plan studies, . together with the
environmental impact report on such documents, as expeditiously as
possible. DUBLIN. has been processing the studies as expeditiously ,
114\agree\npidfinl.ehs . Page 3 of .2 5 February 22, 1991
as possible and will continue to do so, with a goal of completion
of such studies and environmental impact report by the end of 1991.
B. The FHWA has required that the proposed interchange at
Hacienda Drive/I-580 cannot be opened until a street connection is
constructed between Dougherty Road and Tassajara Road in DUBLIN.
The proposed interchange at Hacienda Drive/I-580 will benefit
property in PLEASANTON located within NPID #3 and will benefit
property within DUBLIN's planning area east of the Southern Pacific
Railroad right-of-way. The TWO LANE ACCESS ROAD, together with
construction of the DUBLIN BOULEVARD EXTENSION and HACIENDA DRIVE
EXTENSION, satisfies the FHWA's requirement for a street
connection.
C. SURPLUS PROPERTY AUTHORITY owns property where portions
of the TWO LANE ACCESS ROAD and HACIENDA DRIVE EXTENSION are to be
constructed.
D. COUNTY owns property where portions of the TWO LANE
ACCESS ROAD are to be constructed.
E. The SURPLUS PROPERTY AUTHORITY may develop or sell all
or part of the SANTA RITA PROPERTY. The construction of the TWO
LANE ACCESS ROAD and the HACIENDA DRIVE EXTENSION will provide
access to SANTA RITA PROPERTY.
114\agree\npidfinl.ehs Page 4 of 25 February 22, 1991
F. Substantial infrastructure improvements will be required
for development of the SANTA RITA PROPERTY and the approximate 7400
acres in DUBLIN's extended planning area. Although the nature and
extent of such infrastructure improvements is not presently known,
DUBLIN anticipates that it will use the proceeds of assessments,
special taxes, exactions and/or fees or any bonds secured by such
assessments, special taxes, exactions or fees imposed on property
east of Dougherty Road, including SANTA RITA PROPERTY, to pay for
such infrastructure improvements. Any such assessments, special
taxes, exactions ' and/or fees will be assessed in an equitable
manner against property east of Dougherty Road, including SANTA
RITA PROPERTY, in accordance with statutory and constitutional
requirements regarding benefits received which are applicable to
the imposition of such assessments, special taxes, exactions and/or
.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and acts
described herein, the parties agree as follows:
1. Recitals.
The foregoing recitals are. true and correct and are part
of this Agreement.
114\agree\npidfinl.ehs Page 5 of 25 February 22, 1991
j,
2. Environmental Clearance.
It is recognized and agreed that, pursuant to § 15051 of
• the State CEQA Guidelines, DUBLIN is the lead agency for
construction of the TWO LANE ACCESS ROAD, HACIENDA DRIVE EXTENSION
and DUBLIN BOULEVARD EXTENSION. Prior to DUBLIN and PLEASANTON
awarding contracts for construction, DUBLIN shall prepare and
certify whatever environmental documents are required by the
California Environmental Quality Act (CEQA) for construction of the
TWO LANE ACCESS ROAD, HACIENDA DRIVE EXTENSION and DUBLIN BOULEVARD
EXTENSION.
3. Design and Construction by Pleasanton--TWO LANE ACCESS
ROAD and HACIENDA DRIVE EXTENSION.
(a) PLEASANTON shall design and construct the TWO LANE
ACCESS ROAD and the HACIENDA DRIVE EXTENSION. In designing the TWO
LANE ACCESS ROAD, PLEASANTON shall coordinate the contract plans
and specifications to conform with construction of DUBLIN BOULEVARD
EXTENSION by DUBLIN.
(b) Both the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION shall be designed in accordance with DUBLIN's Standard
Plans for streets and CALTRANS' Standard Specifications (Jan.
1988) , as modified by Exhibit F, attached hereto and incorporated
herein. The design for the TWO LANE ACCESS ROAD and the HACIENDA
DRIVE EXTENSION, including plans, specifications and engineer's
114\agree\npidfinl.ehs Page 6 of 25 February 22, 1991
estimates of costs, shall be submitted to and approved by DUBLIN
in writing, prior to PLEASANTON proceeding with construction.
(c) PLEASANTON shall construct the TWO LANE ACCESS ROAD
and the HACIENDA DRIVE EXTENSION in accordance with the plans and
specifications approved by DUBLIN and in compliance with any
applicable requirements of the Negative Declaration or
Environmental Impact Report approved by DUBLIN for such
construction.
(d) DUBLIN shall provide inspection services for the
construction of the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION. PLEASANTON shall reimburse DUBLIN for DUBLIN's costs
of inspection up to 5% of the final construction costs.
(e) PLEASANTON may contract with others for the design
of the TWO LANE ACCESS ROAD and the EXTENSION OF HACIENDA DRIVE.
(f) Following public bidding, PLEASANTON shall award a
contract for construction of the TWO LANE ACCESS ROAD and the
HACIENDA DRIVE EXTENSION to the lowest responsible bidder. DUBLIN
and SURPLUS PROPERTY AUTHORITY may, in a timely manner, review the
bids prior to award and may make recommendations to PLEASANTON
regarding the lowest responsible bidder.
114\agree\npidfinl.ehs Page 7 of 25 February 22, 1991
(g) With respect to any portion of any structure in the
right-of-way for the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION, PLEASANTON shall remove any such portion, including
removal of any asbestos in or on the portion removed, and shall re-
face the structure, if necessary, with temporary, facing.
4. Design and Construction by DUBLIN--DUBLIN BOULEVARD
EXTENSION.
(a) DUBLIN shall obtain the right-of-way through the
westerly 50 feet of the former Southern Pacific right-of way as
shown on Exhibit B-2.
(b) DUBLIN shall obtain the necessary right-of-way for
and shall design and construct, or cause to be designed and
constructed, the DUBLIN BOULEVARD EXTENSION. DUBLIN BOULEVARD
EXTENSION shall be designed in accordance with DUBLIN's Standard
Plans for streets and CALTRANS' Standard Specifications (Jan.
1988) , except that the street shall begin as a full 94-foot wide
street (curb to curb) at Dougherty Road and taper to a one-half
street (on north side) as it extends to the east. In designing the
DUBLIN BOULEVARD EXTENSION, DUBLIN shall coordinate the plans and
specifications to conform with construction of the TWO LANE ACCESS
ROAD by PLEASANTON.
114\agree\npidfinl.ehs Page 8 of 25 February 22, 1991
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5. Contribution of Right-of-Way by COUNTY and SURPLUS
PROPERTY AUTHORITY,.
(a) SURPLUS PROPERTY AUTHORITY shall dedicate the right-
of-way through SANTA RITA PROPERTY required for the TWO LANE ACCESS
ROAD and the HACIENDA DRIVE EXTENSION to DUBLIN for street
purposes, said right-of-way to be in the approximate location shown
on Exhibit D. The SURPLUS PROPERTY AUTHORITY shall receive credit
for such dedication in accordance with paragraph 11 below.
(b) SURPLUS PROPERTY AUTHORITY shall arrange for
conveyance to DUBLIN of COUNTY PROPERTY in such form as will enable
DUBLIN's use of the COUNTY PROPERTY for street purposes and allow
COUNTY's use of the COUNTY PROPERTY for transit purposes. The
terms and conditions of such conveyance shall be mutually agreed
upon by DUBLIN and COUNTY. SURPLUS PROPERTY AUTHORITY shall
receive credit for such conveyance in accordance with paragraph 11
below.
(c) COUNTY shall dedicate to DUBLIN, or arrange for
dedication to DUBLIN of, the right-of-way for the TWO LANE ACCESS
ROAD in fee simple through the Camp Parks property presently owned
by the United States of America, in the location shown on Exhibit
D. SURPLUS PROPERTY AUTHORITY 'shall receive credit for such
dedication in accordance with paragraph 11 below. .
114\agree\npidfinl.ehs - Page 9 of 25 February 22, 1991
(d) If COUNTY cannot dedicate the right-of-way through
the Camp Parks property in fee simple, as provided in paragraph
5 (c) , COUNTY shall facilitate the issuance of a right-of-entry,
easement or similar legal entitlement acceptable to DUBLIN from the
United States of America for such right-of-way for public street
purposes.
(e) The right-of-way required to be dedicated pursuant
to subsection (a) of this paragraph, shall be at least fifty-five
(55) feet wide and shall be in a form and location satisfactory to
DUBLIN. DUBLIN agrees to accept such right-of-way for public
street purposes.
(f) The right-of-way required to be dedicated pursuant
to subsection (b) of this paragraph and paragraph 4 (a) , shall be
one hundred ten (110) feet wide and shall be in a form and location
satisfactory to DUBLIN. DUBLIN agrees to accept such right-of-
way, for public street purposes.
(g) The right-of-way required to be dedicated pursuant
to subsection (c) of this paragraph, or right-of-entry, easement
or similar legal entitlement referred to in subparagraph (d) , shall
be at least one hundred and sixty '(160) feet wide and shall be in
a form and location satisfactory to DUBLIN. DUBLIN agrees to
accept such right-of-way, right-of-entry, easement or other legal
entitlement for public street purposes.
114\agree\npidfinl.ehs Page 10 of 25 February 22, 1991
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6. Timing of Obligations.
(a) PLEASANTON shall commence design for the TWO LANE
ACCESS ROAD and the HACIENDA DRIVE EXTENSION no later than April
1, 1991 and shall award a contract for construction no later than
March 26, 1992 . Construction shall be completed by no later than
November 1, 1992.
(b) DUBLIN shall commence design for the DUBLIN
BOULEVARD EXTENSION no later than April 1, 1991 and shall award a
contract for construction no later than March 26, 1992 .
Construction shall be completed no later than November 1, 1992 .
(c) DUBLIN, COUNTY and SURPLUS PROPERTY AUTHORITY shall
provide the right-of-way required by paragraphs 4 (a) and 5 no later
than March 26, 1992, provided that if such right-of-way is required
by PLEASANTON prior to March 26, 1992 , COUNTY and SURPLUS PROPERTY
AUTHORITY shall provide such right-of-way within 120 days of
written notice from PLEASANTON to COUNTY and SURPLUS PROPERTY
AUTHORITY.
(d) If COUNTY is unable to comply with subparagraphs (c)
or (d) of paragraph 5 by March 30, 1991, DUBLIN may obtain the
necessary right-of-way through the Camp Parks property on its own
behalf.
114\agree\npidfinl.ehs Page 11 of 25 February 22, 1991
•
(e) The time for performance hereunder by any party
hereto shall be extended by the period of time such party's
performance hereunder is stayed by a court of competent
jurisdiction.
(f) PLEASANTON's obligations under paragraph 3 and
DUBLIN's obligations under paragraph 4 shall be stayed if neither
COUNTY nor DUBLIN can obtain the right-of-way through the Camp
Parks Property.
7. Acceptance of Improvements.
Following PLEASANTON'S completion of the construction
contract work for the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION, DUBLIN shall immediately accept such improvements as
public streets and shall thereafter maintain such improvements as
public streets.
8. Reimbursement to PLEASANTON.
(a) DUBLIN agrees to reimburse PLEASANTON in an amount
equal to the COSTS OF CONSTRUCTION, together with accrued interest
commencing upon the date of acceptance by DUBLIN of the TWO LANE
ACCESS ROAD and the HACIENDA DRIVE EXTENSION, provided such
reimbursement, except as provided in paragraph 10, shall be solely
from the proceeds of assessments, special taxes, exactions and/or
fees or any bonds secured by such assessments, special taxes,
exactions or fees, which are imposed by DUBLIN on any and all
114\agree\npidfinl.ehs Page 12 of 25 February 22, 1991
A
property east of Dougherty Road for the purpose of paying for or
reimbursing DUBLIN for its obligation hereunder for the COSTS OF
CONSTRUCTION of the TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION. DUBLIN hereby agrees and promises in good faith to seek
a levy of assessments, special taxes, exactions and/or fees for the
TWO LANE ACCESS ROAD and the HACIENDA DRIVE EXTENSION on any and
all property east of Dougherty Road, including federally-owned
property which is converted to private use by sale or lease, in a
timely manner and to the fullest extent allowed by law in order to
reimburse PLEASANTON for the COSTS OF CONSTRUCTION. DUBLIN further
agrees to include the COSTS OF CONSTRUCTION in the first assessment
district formed by DUBLIN in the area east of Dougherty Road.
(b) Subject to the terms of the BART/DUBLIN AGREEMENT,
DUBLIN shall reimburse PLEASANTON for all COSTS OF CONSTRUCTION as
provided herein upon the date of acceptance by DUBLIN of the TWO
LAND ACCESS ROAD and the HACIENDA DRIVE EXTENSION. In the event
that DUBLIN does not have proceeds with which to reimburse
PLEASANTON fully on the date of acceptance of the TWO LANE ACCESS
ROAD and the HACIENDA DRIVE EXTENSION, DUBLIN shall reimburse
PLEASANTON to the extent that DUBLIN has such proceeds and DUBLIN
shall reimburse or continue to reimburse PLEASANTON as such
proceeds become available to ' DUBLIN until the COSTS OF
CONSTRUCTION, together with accrued interest, have been repaid in
full. "Proceeds", as used in this subparagraph, refer to the
proceeds described in subparagraph (a) above.
114\agree\npidfinl.ehs Page 13 of 25 February 22, 1991
(c) For each year that the COSTS OF CONSTRUCTION are
not reimbursed to PLEASANTON, the rate of interest to be paid under
subparagraph (a) shall be, for each calendar year or part thereof,
7 .487769 percent, which rate is the yield to maturity interest rate
for the bonds for Assessment District No. 1986-9, North Pleasanton
Improvement District No. 3, Series C, City of Pleasanton, Alameda
County, California, as set forth on the attached Exhibit G.
(d) To the extent that DUBLIN is unable to collect
sufficient monies through assessments, special taxes, exactions
and/or fees to repay BART (pursuant to the BART/DUBLIN AGREEMENT) ,
PLEASANTON and SURPLUS PROPERTY AUTHORITY, as provided hereinafter,
DUBLIN's obligation to reimburse PLEASANTON, as provided in this
section, shall be secondary to its obligation under the BART/DUBLIN
AGREEMENT and shall come before its obligation under this Agreement
to SURPLUS PROPERTY AUTHORITY.
(e) Except as provided herein and in paragraph 10,
DUBLIN shall have no obligation to pay PLEASANTON any monies on
account of the performance by PLEASANTON of its obligations
hereunder.
9. SURPLUS PROPERTY AUTHORITY Guarantee.
(a) In the event that DUBLIN exercises its right under
the BART/DUBLIN AGREEMENT to receive a short term advance in an
amount up to One Million, Two Hundred Twenty-Four Thousand and
114\agree\npidfinl.ehs Page 14 of 25 February 22, 1991
No/100 Dollars ($1.224 million) and such advance has not been
repaid by DUBLIN to BART by October 31, 1995, from the proceeds of
assessments, special taxes, exactions and/or fees or any bonds
secured by said assessments, special taxes, exactions and/or fees,
the SURPLUS PROPERTY AUTHORITY guarantees DUBLIN that SURPLUS
PROPERTY AUTHORITY will repay the full amount of such advance,
together with interest thereon as provided in the BART/DUBLIN
AGREEMENT, to BART on behalf of DUBLIN within 45 days of written
•
demand by DUBLIN to SURPLUS PROPERTY AUTHORITY to do so and in no
•
•
event later than December 31, 1995. SURPLUS PROPERTY AUTHORITY
agrees and promises in good faith to exercise all its powers, as
provided by Government Code § 40567, to repay such advance to BART
on behalf of DUBLIN. No later than April 1, 1994, DUBLIN shall
provide SURPLUS PROPERTY AUTHORITY with an accounting of funds
available or anticipated to be available to DUBLIN to repay the
advance to BART and the anticipated amount which SURPLUS PROPERTY
AUTHORITY will be required to pay to BART under the provisions of
this paragraph.
(b) If SURPLUS PROPERTY AUTHORITY is obligated to repay
the short term advance, DUBLIN agrees to reimburse SURPLUS PROPERTY
AUTHORITY in an amount equal to the amount paid by SURPLUS PROPERTY
AUTHORITY to BART, together with accrued interest commencing on the
date of repayment by SURPLUS PROPERTY AUTHORITY of the short term
advance, provided such reimbursement shall be solely from the
proceeds of assessments, special taxes, exactions and/or fees or
114\agree\npidfinl.ehs Page 15 of 25 February 22, 1991
}
any bonds secured by such assessments, special taxes, exactions or
fees, which are imposed by DUBLIN on any and all property east of
Dougherty Road for the purpose of paying for or reimbursing DUBLIN
for its obligation hereunder or under the BART/DUBLIN AGREEMENT.
DUBLIN agrees and promises in good faith to seek a levy of
assessments, special taxes, exactions and/or fees for the DUBLIN
BOULEVARD EXTENSION, TWO LANE ACCESS ROAD and the HACIENDA DRIVE
EXTENSION on any and all property east of Dougherty Road, including
federally-owned property which is converted to private use by sale
or lease, in a timely manner and to the fullest extent allowed by
law in order to reimburse SURPLUS PROPERTY AUTHORITY as provided
herein.
(c) The rate of interest to be paid under the preceding
subparagraph for each year until SURPLUS PROPERTY AUTHORITY has
been repaid in full shall be the Alameda County Treasurer's return
on invested funds as calculated by the County Treasurer in July of
each such year for the prior calendar year.
(d) To the extent DUBLIN is legally unable to collect
sufficient monies through assessments, special taxes, exactions
and/or fees to reimburse BART (under the BART/DUBLIN AGREEMENT) and
both SURPLUS PROPERTY AUTHORITY and PLEASANTON as provided herein,
the parties agree that preference shall be given to reimbursing
first BART, then PLEASANTON and then SURPLUS PROPERTY AUTHORITY.
114\agree\npidfint.ehs Page 16 of 25 February 22, 1991
(e) Except as provided herein, DUBLIN shall have no
obligation to repay SURPLUS PROPERTY AUTHORITY any monies on
account of the guarantee by SURPLUS PROPERTY AUTHORITY.
10. Guarantee of Reimbursement to PLEASANTON.
(a) In the event that DUBLIN has not within twelve and
one-half years of the effective date of this Agreement fully
reimbursed PLEASANTON the COSTS OF CONSTRUCTION together with
accrued interest, all as provided in Paragraph 8, the SURPLUS
PROPERTY AUTHORITY and DUBLIN each agree to reimburse PLEASANTON
one-half of any remaining unpaid amount of the COSTS OF
CONSTRUCTION together with accrued interest within 45 days of
written demand by PLEASANTON to do so.
(b) SURPLUS PROPERTY AUTHORITY agrees and promises in
good faith to exercise all its powers, as provided by Government
Code § 40567, to reimburse the amount referred to in subparagraph
(a) to PLEASANTON. If SURPLUS PROPERTY AUTHORITY is obligated to
repay PLEASANTON under subparagraph (a) , DUBLIN agrees to reimburse
SURPLUS PROPERTY AUTHORITY in an amount equal to the amount paid
by SURPLUS PROPERTY AUTHORITY to PLEASANTON, together with accrued
interest on such amount commencing on the date of such payment,
provided such reimbursement shall' be solely from the proceeds of
assessments, special taxes, exactions and/or fees or any bonds
secured by such assessments, special taxes, exactions and/or fees
which are imposed by DUBLIN on any and all property east of
• 114\agree\npidfinl.ehs Page 17 of 25 February 22, 1991
Dougherty Road for the purpose of paying for or reimbursing DUBLIN
for its obligations hereunder.
(c) In the event that DUBLIN satisfies its obligation
under subparagraph (a) from any source of funds other than the
proceeds of assessments, special taxes, exactions and/or fees or
any bonds secured by said assessments, special taxes, exactions
and/or fees on any and all property east of Dougherty Road, DUBLIN
shall be entitled to reimburse itself in the amount of its
reimbursement to PLEASANTON, together with accrued interest on such
amount commencing on the date of such payment, from the proceeds
of assessments, special taxes, exactions and/or fees or any bonds
secured by said assessments, special taxes, exactions and/or fees
on any or all property east of Dougherty Road which are thereafter
collected.
(d) The rate of interest to be paid under subparagraph
(b) above for each year until repayment in full shall be as
provided in paragraph 9 (c) above.
(e) The rate of interest to be paid under subparagraph
(c) above for each year until repayment in full shall be the City
of Dublin's return on invested funds as calculated by the City
Treasurer in July of each such year for the prior calendar year.
114\agree\npidfinl.ehs Page 18 of 25 February 22, 1991
(f) The twelve and one-half year period provided in
subparagraph (a) above shall be extended (i) by the period of time
during which a lawsuit challenging or affecting. DUBLIN'S ability
to approve development in the area to the east of Dougherty Road
within DUBLIN'S sphere of influence is pending in a court of
competent jurisdiction and (ii) during such time that DUBLIN loses
its ability to approve a project. Notwithstanding the previous
sentence, in all events the period provided in subparagraph (a)
shall not exceed fifteen (15) years.
11. Credit to SURPLUS PROPERTY AUTHORITY for Right-of-Wav_
Dedication.
DUBLIN agrees that SURPLUS PROPERTY AUTHORITY shall be
given credit for:
(a) its dedication of right-of-way through SANTA RITA
PROPERTY, as provided in paragraph 5 (a) ;
(b) its conveyance of one-half of the total square
footage of COUNTY PROPERTY; and
(c) for COUNTY's dedication of fee title to the right-
of-way through Camp Parks property, if any, as provided in
paragraph 5 (c) .
114\agree\npidfinl.ehs Page 19 of 25 February 22, 1991
The credit to be given under this paragraph 11 shall
be applied against any special assessments, fees, exactions and/or
special taxes levied against the SANTA RITA PROPERTY by DUBLIN for
infrastructure improvements benefiting the SANTA RITA PROPERTY. The
amount of the credit shall be calculated as follows: The amount
of the credit shall be based on the total of the per-acre value of
the land dedicated, as such value is established by an appraiser
mutually agreed upon by DUBLIN and SURPLUS PROPERTY AUTHORITY, less
an amount equal to the cost of construction of the portion of the
TWO LANE ACCESS ROAD and HACIENDA DRIVE EXTENSION through the SANTA
RITA PROPERTY and less an amount equal to the per-acre value of the
land which would be required to be dedicated for a fifty-five foot
road by a private property owner pursuant to Dublin Ordinance No.
11-88 entitled "Rights-of-Way -- Dedication & Improvement", a copy
of which is attached as Exhibit H. The dollar amounts referred to
in this paragraph shall be based on 1991 dollars adjusted by adding
interest thereon on the manner described in paragraph 8 (c) . The
appraisal shall be done in an expeditious manner. In the event
that the deductions from the credit are greater than the credit,
the amount of the credit shall be reduced to zero.
Notwithstanding the foregoing, SURPLUS PROPERTY
AUTHORITY and COUNTY acknowledge ' and agree that the SANTA RITA
PROPERTY may be subject to assessments, fees, exactions and/or
special taxes for improvements for and in addition to the TWO LANE
ACCESS ROAD and HACIENDA DRIVE EXTENSION improvements to be
114\agree\npidfinl.ehs Page 20 of 25 February 22, 1991
constructed pursuant to this Agreement, including but not limited
to the TWO LANE ACCESS ROAD and HACIENDA DRIVE EXTENSION and
additional improvements to the TWO LANE ACCESS ROAD and HACIENDA
DRIVE EXTENSION required by Dublin Ordinance No. 11-88.
12. SB 300 Funding
DUBLIN agrees to submit an application for "SB 300"
funding to the State of California for the DUBLIN BOULEVARD
EXTENSION, TWO LANE ACCESS ROAD and EXTENSION OF HACIENDA DRIVE.
In the event that DUBLIN receives any SB 300 monies from the State
of California, DUBLIN shall use such monies to reduce proportion-
ately its COSTS OF CONSTRUCTION for the DUBLIN BOULEVARD EXTENSION
and PLEASANTON's COSTS OF CONSTRUCTION for the TWO LANE ACCESS ROAD
and the HACIENDA DRIVE EXTENSION.
13. Additional Documents and Agreements.
The parties agree to cooperate in the execution of any
additional documents or agreements which may be required to carry
out the terms of this Agreement.
14. Successors.
This Agreement shall bind and inure to the benefit of all
successors and assigns of the parties and any associates in
interest, and their respective directors, officers, agents,
servants, and employees, and the successors and assigns of each of
them, separately and collectively.
114\agree\npidfinl.ehs Page 21 of 25 February 22, 1991
15. Construction of Agreement.
This Agreement shall be construed and enforced pursuant
to the laws of the State of California.
16. Time of the Essence.
In entering into this Agreement, the parties recognize
and agree that time is of the essence.
17. Notices.
Whenever notice is required hereunder, it shall be given
to the parties as follows:
To: City of DUBLIN:
Richard C. Ambrose
City Manager
City of Dublin
100 Civic Plaza
Post Office Box 2340
Dublin, CA 94568
To: City of PLEASANTON:
Deborah Acosta
City Manager
City of Pleasanton
Post Office Box 520
Pleasanton, CA 94566-0802
To: COUNTY of Alameda:
Steven Szalay
County Administrator
County of Alameda
1221 Oak Street, Room 555
Oakland, CA 94612
114\agree\npidfinl.ehs Page 22 of 25 February 22, 1991
•
To: SURPLUS PROPERTY AUTHORITY,:
Steven Szalay
County Administrator
County of Alameda
1221 Oak Street, Room 555
Oakland, CA 94612
18. Remedy for Breach.
The exclusive remedies for a breach by any of the parties
of any term or condition of this Agreement or any dispute regarding
the interpretation of this Agreement shall be final and binding
arbitration conducted according to the rules of the American
Arbitration Association. Each party in such arbitration shall bear
its own costs and attorneys' fees and shall jointly pay the cost
of the arbitrator and court reporter. The arbitrator shall be
selected jointly by the CITY OF DUBLIN, the CITY OF PLEASANTON and
the COUNTY OF .ALAMEDA, unless the issue to be arbitrated involves
only two of the parties in which case the arbitrator shall be
selected jointly by those two parties. The decision of the
arbitrator shall be. final.
19. Warranty of Legal Authority.
Each party warrants and covenants that it has the present
legal authority to enter into this Agreement and to do the acts
required of it hereunder. If any party is found to lack the
authority to do the acts required of it hereunder or is prevented"
from performing the acts by a court of competent jurisdiction, this,
Agreement shall be void and each party shall return to the position
it held, immediately preceding the execution of this Agreement.
114\agree\npidfinl.ehs Page 23 of 25 " February 22, 1991
20. Entire Agreement.
This document embodies the entire terms and conditions
of the Agreement described herein. This Agreement may be executed
in five (5) counterparts, each of which shall constitute an
original.
21. Effective Date.
This Agreement shall be effective when signed by all
parties.
CITY OF DUBLIN
Dated:
Mayor
Approved as to form:
City Attorney
CITY OF PLEASANTON
Dated:
Mayor
Approved as to form:
City Attorney
(Signatures continued on next page. )
114\agree\npidfinl.ehs Page 24 of 25 February 22, 1991
COUNTY OF ALAMEDA
/7/061-/10
(114'
Dated:
Ghe i-rman the Boar*
President
Approved as to form:
County Counsel
COUNTY OF ALAMEDA
SURPLUS PROPERTY AUTHORITY
Dated: t.. ye . `. � =
Preside
Approved as to form:
SURPLUS PROPERTY AUTHORITY
I hereby certify under penalty of perjury that the President of the
Surplus Property Commission was duly authorized to execute this document on
behalf of the County of Alameda SurplIus Property Authority by a majority vote
of the Commissioners on •_� + : and that a copy has been
delivered to the President as provided by Government Code Section 25103.
Dated: - .R _ 2
WILLIAM MEHRWEIN, Clerk, Alameda
County Surplus Property Authority,
State of California. /� � �
BY: t,Q,, ,s•--t,,,„ L L'-Qi%(,t•�1.�—px/
Deputy
LIST OF EXHIBITS
Exhibit A Costs of Construction
Exhibit B-i Legal Description of COUNTY PROPERTY
Exhibit B-2 Map Showing Location of COUNTY PROPERTY
Exhibit C Location of DUBLIN BOULEVARD EXTENSION
Exhibit D Location of HACIENDA DRIVE EXTENSION
Exhibit E-1 Description of SANTA RITA PROPERTY
Exhibit E-2 Map Showing Location of SANTA RITA PROPERTY
Exhibit F Design Modifications for TWO LANE ACCESS ROAD
and HACIENDA DRIVE EXTENSION
Exhibit G Debt Service Schedule
Exhibit H Dublin Ordinance No. 11-88
EXHIBIT A
COSTS OF CONSTRUCTION
1. PLEASANTON's COSTS OF CONSTRUCTION shall be the final
construction costs for the TWO LANE ACCESS ROAD and HACIENDA DRIVE
EXTENSION, plus the cost of all required utility relocation, plus
construction engineering costs (including payment to DUBLIN for
inspection services under paragraph 3 (d) ) not to exceed 10% of the
final construction costs, plus preliminary engineering and design
costs not to exceed 10% of the final construction cost, minus any
funds received from outside sources including but not limited to
CALTRANS, such as SB 300 funding. In no event shall PLEASANTON'S
COSTS OF CONSTRUCTION exceed $3.8 million.
2 . DUBLIN shall have the right periodically to conduct an
• audit of PLEASANTON's costs, provided advance written notice is
provided by DUBLIN to PLEASANTON.
3 . When DUBLIN has accepted the TWO LANE ACCESS ROAD and
HACIENDA DRIVE EXTENSION as a public street, PLEASANTON shall
submit to DUBLIN a final accounting of the COSTS OF CONSTRUCTION
in a format which reflects the total costs for preliminary
engineering, design, utility relocation, construction engineering
and construction and indicates actual payments made by PLEASANTON.
DUBLIN may conduct an audit of the final accounting of the COSTS
OF CONSTRUCTION. If there is any dispute between DUBLIN and
PLEASANTON regarding whether any item or items of cost should be
included within the COSTS OF CONSTRUCTION, such dispute shall be
resolved through final and binding arbitration as provided in
paragraph 18.
EXHIBIT B-1
COUNTY PROPERTY
(Formerly Southern Pacific Transportation Company Property)
All that certain real property situate in City of Dublin, State of
California, described as follows:
Being a portion of that certain parcel of land described as Parcel No. 3 in
the deed from Southern Pacific Transportation Company, a Delaware
Corporation, to the County of Alameda, in a deed dated November 27, 1985, and
recorded December 12, 1985, Series No. 85-264889, Official Records of Alameda
County.
A strip of land of the uniform width of 110 feet measured at right angles,
and lying 65 feet southerly of, and 45 feet northerly of the following
described line:
Commencing at the southeasterly corner of Tract 4978, as said Tract was
recorded June 5, 1984, in Book 144 of Maps, at Pages 3 through 5, Office of
the Recorder, County of Alameda, said point also being on the southwesterly
right-of-way line of a 50 foot strip belonging to Southern Pacific
Transportation Company, thence northwesterly along the southwesterly side
line of said 50 foot strip, and the easterly line of said Tract 4978, North
46 29' 26" west, 49.77 feet; thence, leaving said sidelines, South
88° 47' 37" East, at 74.29 feet to the northeasterly right-of-way line of
said 50 foot strip, also being the southwesterly line of that certain parcel
of land described as Parcel No. 3 in the deed from Southern Pacific
Transportation Company, a Delaware Corporation, to the County of Alameda, in
a deed dated November 27, 1985, and recorded December 12, 1985, Series No.
85-264889, Official Records of Alameda County, to the true point of
beginning, continuing through said Parcel No. 3, a distance of 74.29 feet
terminating on the northeasterly sideline of said Parcel No. 3.
Side lines of said strip of land to be lengthened or shortened so as to
terminate on the West at the northeasterly sideline of said Southern Pacific
Transportation Co. parcel, and on the East at the northeasterly sideline of
said Parcel No. 3, land to the County of Alameda (85-264889) . ..
•
CITY OF DUBLIN
COUNTY OF ALAMEDA
STATE OF CALIFORNIA
S,
•
110' PROPOSED R/W
FOR DUBLIN BOULEVARD
EXTENSION
•
14' SOG ,o
SA o APT '° ��FS �Lo
tri
.9T 0'• 74.29'900 .-�q 74.29' `? S 88'47'37" E
6 — . — — ?�
sr9 �'o�Q s\2
N. 9 OO o
S. E. CORNER Os 4)
TRACT 4978 41
POINT OF COMMENCEMENT
N .
F6�9,
25,i
EXHIBIT ' B2'
CAS. NOV. 29, 1990 MUNICIPAL ENGINEERING
RAILROAD ENGINEERING SAN TINA 1 T A
1 = 40 SURVEYING Err,
7' QMPS ON,INC.
2,wry Err, BIM PLANNING
cHEcMV EM THM
1355 WILLOW WAY, SUITE 280 • CONCORD, CA. 94520
•
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'�r^^� is - 19 "MAP SHOWING RIGHT-Of-WAY LINES
U a t ` FOR EXTENSION Or DUBLIN DOULEVAIT
u
m,�T 4ore (N y • ! �•• S.. DETWEEN DOUGiIEItTY ROAD AND
�, aj4r4.6.`"112 d,J��,�,�At?"a`j� 4tre,,4.. SOUTHERN PACIFIC RIGHT-Of-WAY•" 'I,
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•
•
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-TWO LANE ACCESS ROAD
•
1 --) END CONSTRUCTION
0 600 �0 1800 !< 4
SCALE IN FEET
I
WWI BE.OIN CONSTRUCTION \ `
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ALAMEDA
�'�„ ,'\ � Q 0 '.'°' J l .r n a COUNTY
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• , END CONSTRUCTION 4pik
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DOUGHEATY k i•
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•
LZQ!ND LOCATION MAP
Mama - GRADING A>A PAVINGI WORK EXHIBIT D
v257=1 - B(110GIE WORK 1 U rn1
DESCRIPTION
SANTA RITA PROPERTY
(Por. of APN 946-015-01-4)
The Santa Rita Property shall be all that property owned by the Alameda
County Surplus Property Authority and bounded:
1) On the east by the westerly right-of-way line of Tassajara Road,
and excluding the five-acre parcel owned by the U.S. Government
Department of Immigration and Naturalization.
2) On the north by the southerly right-of-way line of Gleason Drive
(formerly Seventh Street).
3) On the west by the centerline of right-of-way of Arnold Avenue.
4) On the south by the northerly right-of-way line of Interstate 580.
•
EXHIBIT E-1
.-
--3-.-. ..1- - -- -____------------------
- ."'".)--... . ..- . Code Area Nos64003 64-006
-\SSESSOR' S MAP 92_,_ • 26-005 76-001 16-004
•
0 . Scale:I.'.1000'
Map of the Property of the
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. - • Estate ofoE E. A: Dougherty. (611 8 Fg ''
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•
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•
. Amended Map of the Town of Dougherty thKplIdio•
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/NIInAL TYPICAL SECTION
•
I
Note: Improvements to the TWO LANE ACCESS ROAD and
HACIENDA DRIVE EXTENSION shall be exclusive of curb
and gutter, sidewalks, street lighting, signals,
longitudinal drainage culverts, sewers and other
utilities, and the top 1 1/2 inches of asphalt
pavement. The pavement section shall be designed
for the ultimate expected traffic load. Cross
drainage improvements shall be included.
EXHIBIT F
TYPICAL SECTION
HACIENDA DRIVE EXTENSION
SHEET ! OF2 r1.4F49I-1I11 _
RM &TR LINE
imirammuni • . "
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EXHIBIT F
TYPICAL SECTION
TWO LANE ACCESS ROAD
SHEET OF 2
COI MIL
EXHIBIT G
12/19/90
DEBT SERVICE SCHEDULE (NET OF CALLED BONDS)
CITY OF PLEASANTON
A.D. 1986-9, North Pleas. No. 3 , Series C of Bonds
YR PRINCIPAL RATE* INTEREST DEBT SERVICE OUTSTANDING EFF%*
91 9,369 .10 6.150 1, 660, 113 .88 1, 669,482 .98 15,999 ,369 . 10 7 . 456
92 5, 000.00 6.300 1, 192,320.00 1,197, 320. 00 15, 990, 000. 00 7.457
93 5, 000. 00 6.450 1, 192 , 005.00 1,197, 005. 00 15,985, 000. 00 7 .457
94 5, 000. 00 6.550 1;191, 682 .50 1, 196, 682 .50 15, 980, 000. 00 7 . 457
95 5, 000. 00 6. 650 1, 191,355. 0.0 1,196,355. 00 15,975, 000. 00 7.458
96 380,000. 00 6.700 1, 191, 022.50 1,571, 022 .50 15,970, 000. 00 7.458
97 405, 000.00 6.800 1,165,562 .50 1,570,562 .50 15,590, 000. 00 7 .476
98 435, 000. 00 6.900 1, 138, 022.50 1,573 , 022.50 15,185, 000. 00 7.494
99 460, 000. 00 7. 000 1, 108 , 007 .50 1,568, 007 . 50 14,750, 000. 00 7.512
00 495, 000. 00 7.100 1, 075,807.50 1,570,807 .50 14,290,000. 00 7.528
01 530, 000.00 7.250 1, 040, 662.50 1,570, 662 .50 13 ,795, 000. 00 7.544
02 570, 000. 00 7.350 1,002,237.50 1,572,237.50 13 ,265, 000. 00 7.556
)3 610, 000.00 7.400 960,342.50 1,570, 342 .50 12, 695,000. 00 7.565
04 655, 000. 00 7.450 915,202.50 1,570,202.50 12 , 085, 000. 00 7.573
05 705, 000. 00 7.500 866,405.00 1,571,405. 00 11,430, 000. 00 7.580
06 755,000. 00 7.500 813 ,530. 00 1,568,530. 00 10,725, 000. 00 7.585
07 815,000. 00 7.500 756,905.00 1,571,905 . 00 9, 970, 000. 00 7 .592
08 875, 000. 00 7. 600 695,780. 00 1,570,780. 00 9 , 155, 000. 00 7. 600
09 940, 000. 00 7. 600 629, 280. 00 1,569,280. 00 _8, 280, 000. 00 7 . 600
10 1, 010, 000. 00 7. 600 557, 840. 00 1,567,840. 00 7, 340, 000. 00 7. 600
11 1, 090, 000. 00 7. 600 481, 080. 00 1, 571, 080. 00 6, 330, 000. 00 7. 600
12 1, 170, 000 . 00 7. 600 398 ,240. 00 1,568 , 240. 00 5, 240, 000 . 00. 7. 600
13 1, 260, 000. 00 7. 600 309,320. 00 1,569, 320. 00 4 , 070, 000. 00 7. 600
14 1,355, 000. 00 7. 600 213 , 560. 00 1,568,560. 00 . 2, 810, 000. 00 7 . 600
15 1, 455, 000. 00 7. 600 110,580 . 00 1,565, 580. 00 1, 455, 000. 00 7 . 600
15, 999, 369 . 10 21,856,863 .88 37, 856, 232 .98
* "Rate" Is on Bonds Maturing Each Year. "Eff%" Is on All Outstanding Bonds.
Bond Date: 04/11/90 Yield-to-Maturity:7 . 487769%
Denomination: $5, 000 or Multiples Net Rate(with Discount) :7 . 611484%
Bonds Mature on September 2 Average Interest Rate:7.520621%
Weighted Average Maturity: 18 . 159 Years Advance Redemption Premium: 3 . 000%
First Interest Payment on 03/02/91 Is $1, 063, 665 .78 , Representing
321 Days or 0.89167 Years of Accrued Interest.
No Capitalized Interest Has Been Budgeted..
r r -
EXHIBIT G -
12/19/90
DEBT SERVICE SCHEDULE (NET OF CALLED BONDS)
CITY OF PLEASANTON
A.D. 1986-9, North Pleas. No. 3, Series C of Bonds.
YR PRINCIPAL RATE* INTEREST DEBT SERVICE OUTSTANDING EFF%*
91 9,369.10 .6.150 1, 660,113 .88 1, 669,482.98 15,999,369. 10 7. 456
92 5, 000. 00 6.300 1, 192,320.00 1,197, 320. 00 15,990, 000. 00 . 7.457
93 5, 000. 00 6.450 1,192, 005.00 1,197, 005. 00 15,985, 000. 00 7. 457
94 5, 000. 00 6.550 1, 191, 682 .50 1, 196,682.50 15, 980, 000. 00 7.457
95 5, 000. 00- 6. 650 1, 191,355. 00 1,196,355. 00 15, 975, 000. 00 7.458
96 380, 000. 00 6.700 1, 191, 022.50 1,571, 022.50 15,970,000. 00 7.458
97 405, 000.00 . 6.800 1,165,562 .50 1,570,562 .50 15,590, 000. 00 7 .476
98 435, 000. 00 6.900 1, 138, 022.50 1,573 , 022.50 15, 185, 000. 00 7.494
99 . 460, 000. 00 7.000 1, 108, 007.50 1,568, 007.50 14,750, 000. 00 7.512
00 495, 000.00 7.100 1,075,807.50 1,570,807 .50 14,290,000.00 7.528
01 530, 000. 00 7.250 1, 040,662.50 1,570, 662.50 13 ,795, 000. 00 7.544
02 570, 000. 00 7.350 . 1,002,237.50 1,572,237.50 13 ,265, 000. 00 7.556
)3 610, 000.00 7.400 960,342.50 1,570,342.50 12, 695,000. 00 7.565
04, 655, 000. 00 7.450 915,202.50 1,570,202.50 12, 085, 000. 00 7.573
05 705, 000. 00 - 7.500 866,405.00 1,571,405. 00 11,430, 000. 00 7.580
06 755, 000. 00 7.500 813,530. 00 1,568,530. 00 10,725,000. 00 7.585
07 815, 000. 00 7.500 756,905.00 1,571,905. 00 9,970, 000. 00 7.592
08 875, 000. 00 . 7. 600 695,780. 00 1,570,780. 00 9 , 155, 000. 00 7. 600
09 940, 000. 00 7. 600 . 629,280. 00- 1,569,280. 00 8, 280, 000. 00 7. 600
10 1, 010, 000. 00 7. 600 557,840. 00 1,567,840. 00 . 7, 340, 000. 00 7 . 600
11 1, 090, 000. 00 7. 600 481, 080.00 1,571, 080. 00 - 6, 330, 0.00. 00 7. 600
12 1,170, 000. 00 7. 600 398 ,240. 00 1,568 , 240. 00 5, 240, 000. 00 7. 600
13 . 1,260, 000 . 00 7 . 600 309,320. 00 1,569, 320. 00 4 , 070, 000. 00 7. 600.
14 1,355, 000. 00 7. 600 213 ,560.00 1,568,560. 00 2, 810, 000. 00 7. 600
15 1, 455, 000. 00 . 7. 600 110,580. 00 . 1,565, 580. 00 1, 455, 000.00- 7 . 600
15,999,369 . 10 21,856,863 .88 37,856, 232. 98
* "Rate" Is on Bonds Maturing Each Year.' "Eff%" Is on All Outstanding Bonds.
Bond Date: 04/11/90 Yield-to-Maturity:7 .487769%
Denomination: $5, 000 or Multiples Net Rate(with Discount) :7 . 611484%
Bonds Mature on September 2, Average Interest Rate:7.520621%
Weighted Average Maturity: 18 . 159 Years Advance Redemption Premium: 3 . 000%
First Interest Payment on 03/02/91 Is $1, 063 , 665.78 , Representing
321 Days or 0.89167 Years of Accrued Interest.
No Capitalized Interest Has Been Budgeted.
ORDINANCE NO. 11 -88
AN ORDINANCE OF THE CITY OF DUBLIN
REQUIRING DEDICATION AND IMPROVEMENT
OF RIGHT-OF-WAY
The City Council of the City of Dublin does ordain as follows:
Section 1. DEDICATION OF RIGHT-OF-WAY REQUIRED. No building permit,
conditional use permit, site development review approval, or variance
shall be issued in connection with the construction, reconstruction, or
remodeling of any building or structure on any lot, the use of which
building or structure thereafter, will result in an increase in traffic
generation on the street or streets upon which such lot abuts or will
abut, or rezoning to a Planned Development District, which rezoning
will result in an increase in traffic generation on the street or
streets upon which lot abuts or will abut, unless the "designated area"
of such lot has been granted to the City.
Section 2. DESIGNATED AREA.
(a) Where future right-of-way lines have been established pursuant to
Ordinance No. 44-87, the designated area shall be that part of
the lot encompassed within the future right-of-way lines.
(b) Where subsection (a) does not apply, the designated area shall be
that part of the lot encompassed within the area defined by the
extension of the predominant existing street alignment on the
street on which the lot is located.
Section 3. EXCEPTIONS. The provisions of Section 1 shall not be
applicable to a building permit issued for construction,
reconstruction, or remodeling of a single-family or two (2) family
dwelling, unless such reconstruction or remodeling converts such
dwelling or a portion thereof to any other use.
Section 4. IMPROVEMENT OF RIGHT-OF-WAY REQUIRED. Any building permit,
conditional use permit, site development review approval, or variance
issued in connection with the construction, reconstruction, or
remodeling of any building or structure, the use of which building or
structure thereafter will result In an increase of traffic generation
on the street or streets upon which such lot abuts or will abut, or
rezoning to a Planned Development District, which rezoning will result
in an increase in traffic generation on the street or streets upon
which such lot abuts or will abut, shall be conditioned i s t
upo or
improvement by the applicant of one-half (1/2) of
streets measured from the designated center line of such street or
streets, by installation or relocation of paving, tie-in paving, curbs,
gutters, sidewalks, and driveways, storm and sanitary sewers, drainage
facilities and street trees for the full width, and in the case of a
EXHIBIT H
•
corner lot, for the full depth and corner 'radii of such lot. No
certificate of occupancy for such building or structure shall be issued
until such improvements have been completed.
Section 5. DESIGNATED CENTER LINE.
(a) Where future right-of-way lines have been established pursuant to
Ordinance No. 44-87 , the designated center lines shall be
established by said future right-of-way lines.
(b) Where subsection (a) is not applicable, the designated center
lines shall be the existing center line of the street as defined
by the extension of the predominant existing street alignment on
the street on which the lot is located.
Section 6. EXCEPTIONS. The provisions of Section 4, except those
provisions requiring installation or relocation of curbs, gutters,
sidewalks, driveways , and street trees, shall not be applicable to a
building permit issued for construction, reconstruction, or remodeling
of a single-family or two (2) family dwelling, unless such
reconstruction or remodeling converts such dwelling or a portion
thereof to any other use.
Section 7. IMPROVEMENT DEFERRED: GUARANTEE. In any case in which
installation or relocation prior to issuance of a certificate of
occupancy of all or any part of the improvements required by Section 4
is determined by the City Engineer to be impractical, he may accept in
lieu thereof:
•
•
• (a) A guaranty in a form approved by the City Attorney in an amount
•
• adequate to cover the cost of such improvements as estimated by
the City Engineer, providing for the installation or relocation
• of such improvements upon default of the applicant;. or
•
(b) A cash deposit of said amount, which will constitute a discharge
of the applicant's improvement obligation hereunder.
Section 8. REDUCTION OF OBLIGATION. In any case in which the City
Engineer determines that by reason of unusual circumstances the
designated area as defined in Section 2, or designated center line as
defined in Section 5, require of the applicant grant (pursuant to
Section 1) and improvements to a greater extent than is reasonably
related to the increased traffic and other needs of the proposed land
use, he shall recommend to the City Council that the applicant's
obligation be reduced accordingly. The City Council may authorize the
issuance of a building permit thereafter upon receipt of an agreement,
executed by the applicant, to make such grant and improvements as the
City Council may require in reducing his obligation. Such agreement
may include provisions for participation by the City in required
right-of-way acquisition and improvements.
Section 9. CONDITIONS OF APPROVALS UNAFFECTED. Nothing contained in
• this ordinance shall be construed to prohibit or limit attachment of
conditions requiring grant and improvement of rights-of-way to
1
0.
approvals required by other provisions of applicable ordinances,
including but not limited to provisions of the zoning ordinance, and
the subdivision ordinance.
Section 10. APPLICANT. As used herein, applicant shall mean and
include the applicant, for a building permit, conditional use permit,
site development review approval, and/or variance and, when dedication
of right-of-way is required, the owner of the property where the owner
is not the applicant.
Section 11. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance
shall become effective thirty (30) days after its final passage and
adoption by the City Council. The City Clerk of the City of Dublin
shall cause this Ordinance to be posted in at least three (3) public
places in the City of Dublin in accordance with Section 36933 of the
•
Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on
this 28th day of March, 1988.
AYES: Councilmembers Hegarty, Moffatt, Vonheeder & Mayor Jeffery
NOES: None
ABSENT: Councilmember Snyder
l
May oil /
104_.( v�2 c--o •
City Clerk
•
\ pF-
3/11/91
AGREEMENT BETWEEN THE CITY OF DUBLIN,
THE CITY OF PLEASANTON, THE COUNTY OF ALAMEDA ' .a
AND THE SURPLUS PROPERTY AUTHORITY
REGARDING CONSTRUCTION OF CERTAIN FREEWAY IMPROVEMENTS
THIS AGREEMENT, dated for identification this /rz )`/C day of
)/10wc4 , 1991, between the CITY OF PLEASANTON (PLEASANTON) , a
Municipal Corporation, the CITY OF DUBLIN (DUBLIN) , a Municipal
Corporation, the COUNTY OF ALAMEDA (COUNTY) , a political subdivision of
the State of California, and the SURPLUS PROPERTY AUTHORITY of Alameda
County, a public corporation.
DEFINITIONS
For purposes of this Agreement, the following definitions shall
apply:
A. ADDITIONAL IMPROVEMENTS shall mean the construction
improvements added to the INITIAL IMPROVEMENTS by this agreement as
shown on Exhibits A-1 and A-2 , and described in Exhibit B attached
hereto and incorporated herein.
B. CALTRANS shall mean the California Department of
Transportation.
, C. COST OF CONSTRUCTION shall mean PLEASANTON's costs for design
and construction of the ADDITIONAL IMPROVEMENTS. PLEASANTON's costs
shall be determined in the manner, set forth in Exhibit C, attached
hereto and incorporated herein.
D. INITIAL IMPROVEMENTS shall mean improvements originally
scheduled for construction by North Pleasanton Improvement District #3
at the Hacienda Drive and Santa Rita-Tassajara Road Interchanges on
EXI41) IT -11-'
I-580 and as shown on Exhibits A-i and A-2, and described in Exhibit D,
attached hereto and incorporated herein.
E. NPID #3 shall mean the North Pleasanton Improvement District
No. 3 , as established by the City of Pleasanton.
F. RIGHT OF WAY FOR ADDITIONAL IMPROVEMENTS shall mean the
property owned by the SURPLUS PROPERTY AUTHORITY which is required to
construct ADDITIONAL IMPROVEMENTS as shown on Exhibits E-1 and E-2
and described on Exhibit F-i attached hereto and incorporated herein.
G. SANTA RITA PROPERTY shall mean the approximate 600-acre
parcel of property owned by SURPLUS PROPERTY AUTHORITY, as described
and shown in Exhibits G-1 and G-2, attached hereto and incorporated
herein.
H. SURPLUS PROPERTY AUTHORITY shall mean the SURPLUS PROPERTY
AUTHORITY of the County of Alameda, a public corporation created
pursuant to Government Code Section 40500 et seq.
I. SURPLUS PROPERTY AUTHORITY PROPERTY RIGHTS shall mean the
right of way, utility easements, warehouse relocation expenses, utility
relocation rights, access replacement cost and sewer replacement cost
required for PLEASANTON to construct the INITIAL IMPROVEMENTS on
SURPLUS PROPERTY AUTHORITY property as shown on Exhibit H-1, H-2 , H-3
and H-4, and described on Exhibit I attached hereto and incorporated
herein.
2
I -- -- .
RECITALS
A. PLEASANTON has constructed the infrastructure for the
development of over 1, 200 acres in the NPID #3 . The INITIAL
IMPROVEMENTS for interchanges on I-580 at Hacienda Drive and Santa
Rita-Tassajara Road are part of the infrastructure required to be
constructed for the full development of the area.
, B. DUBLIN has initiated a general plan amendment and specific
plan study of the approximate 7, 400 acres east of the Southern Pacific
Railroad right of way, which includes SANTA RITA PROPERTY. COUNTY has
contributed towards the costs of preparation of the general plan and
specific plan studies. DUBLIN, COUNTY and SURPLUS PROPERTY AUTHORITY
are desirous of completing the general plan amendment and specific plan
studies, together with the environmental impact report on such
documents, as expeditiously as possible. DUBLIN has been processing the
studies as expeditiously as possible and will continue to do so, with
a goal of completion of such studies and environmental impact report by
the end of 1991.
C. The SURPLUS PROPERTY AUTHORITY may develop or sell all or
part of the SANTA RITA PROPERTY. The construction of the INITIAL.
IMPROVEMENTS and the ADDITIONAL IMPROVEMENTS will provide improved
access to SANTA RITA PROPERTY.
D. The proposed interchanges at Hacienda Drive/I-580 and Santa
Rita-Tassajara Road/I-580 will benefit property in PLEASANTON located
within the NPID #3 and property in DUBLIN within the Dublin planning
area east of the Southern Pacific right of way, including the SANTA
RITA PROPERTY.
3
E. PLEASANTON, through NPID #3 , has prepared the necessary
documents, obtained the necessary approvals, and is funded to acquire
right of way, and to design and construct the INITIAL IMPROVEMENTS.
F. In order for PLEASANTON to construct. the INITIAL
IMPROVEMENTS, it is necessary for PLEASANTON to acquire the SURPLUS
PROPERTY AUTHORITY PROPERTY RIGHTS.
G. No funds are currently available to acquire the right of way
for, or to design and construct, the ADDITIONAL IMPROVEMENTS.
H. SURPLUS PROPERTY AUTHORITY owns the property necessary for
the construction of ADDITIONAL IMPROVEMENTS.
I. The SURPLUS PROPERTY AUTHORITY, DUBLIN and PLEASANTON are
desirous that the INITIAL IMPROVEMENTS and the ADDITIONAL IMPROVEMENTS
be constructed at the same time to reduce hazards and inconvenience to
the public and to reduce the overall construction costs.
J. PLEASANTON wishes to pay the SURPLUS PROPERTY AUTHORITY for
the SURPLUS PROPERTY AUTHORITY PROPERTY RIGHTS .
K. SURPLUS PROPERTY AUTHORITY wishes to use the proceeds from
PLEASANTON to fund the design and construction of the ADDITIONAL
IMPROVEMENTS as described in Exhibit B and prioritized in Exhibit J
attached hereto and incorporated herein, on the condition that
DUBLIN will credit SURPLUS PROPERTY AUTHORITY for such ADDITIONAL.
IMPROVEMENTS and the value of the' RIGHT OF WAY FOR ADDITIONAL
IMPROVEMENTS against future assessments, special taxes, exactions
and/or fees, or any bonds secured by such assessments, special taxes,
exactions and/or fees.
4
i.
1
L. PLEASANTON is willing to design and construct ADDITIONAL
IMPROVEMENTS of equal value in exchange for SURPLUS PROPERTY AUTHORITY
PROPERTY RIGHTS.
M. DUBLIN is willing to credit SURPLUS PROPERTY AUTHORITY for
COST OF CONSTRUCTION for ADDITIONAL IMPROVEMENTS and the value of the
RIGHT OF WAY FOR ADDITIONAL IMPROVEMENTS against future assessments,
special taxes, exactions and/or fees, or any bonds secured by such
assessments, special taxes, exactions and/or fees.
AGREEMENT
NOW, THEREFORE, in consideration of the promises and acts
described herein, the parties agree as follows:
1. Recitals.
The foregoing recitals are true and correct and are part of
this agreement.
2. Environmental Clearance.
The environmental clearance necessary for the construction of
the INITIAL IMPROVEMENTS and the ADDITIONAL IMPROVEMENTS has already
been obtained by Pleasanton.
3 . Design and Construction by PLEASANTON - INITIAL IMPROVEMENTS
and ADDITIONAL IMPROVEMENTS.
a.. PLEASANTON shall design and construct the INITIAL
IMPROVEMENTS at its own cost.
b. PLEASANTON shall design and construct the ADDITIONAL
IMPROVEMENTS at its own cost based on the priority outlined in
Exhibit J such that the COST OF CONSTRUCTION shall not exceed the
sum of $2 , 135, 250, the value of the SURPLUS PROPERTY AUTHORITY
5
3 t
•
. PROPERTY ,RIGHTS, plus accrued interest as specified in Exhibit L.
c. Both the INITIAL IMPROVEMENTS and the ADDITIONAL
-IMPROVEMENTS shall be designed in accordance with the Caltrans
Standard Specifications (January 1988) and the appropriate
Standard Plans for DUBLIN and PLEASANTON.
d. The design of the ADDITIONAL IMPROVEMENTS shall be
coordinated with the design of the future northern extension of
Hacienda Drive in DUBLIN.
e. PLEASANTON shall provide inspection and construction
management -services for the construction of the INITIAL
IMPROVEMENTS and ADDITIONAL IMPROVEMENTS.
f. PLEASANTON may contract with others for the design,
. inspection and construction management of the INITIAL IMPROVEMENTS
and the 'ADDITIONAL IMPROVEMENTS.
g. Following public bidding, PLEASANTON shall calculate the
preliminary cost of- the ADDITIONAL IMPROVEMENTS based on the unit
costs of the lowest responsible bidder and a portion of applicable
lump sum items. The format of the cost shall be similar to that
shown in Exhibit C.
h. PLEASANTON has applied for SB 300 funding through
Caltrans. Any funds received from this fund shall be applied
against the COST. OF CONSTRUCTION as required in Exhibit C.
i. PLEASANTON shall award construction contracts for the
INITIAL IMPROVEMENTS and -the ADDITIONAL IMPROVEMENTS to the lowest
responsible bidder.,
6
j . PLEASANTON shall demolish the existing buildings, roads,
water, sewer and other facilities on the SANTA RITA PROPERTY which
conflict with the construction of the INITIAL IMPROVEMENTS and the
ADDITIONAL IMPROVEMENTS; provided however, that the Madigan
Building, as shown on Exhibit E-1, shall only be partially
removed. PLEASANTON shall remove the portion within the RIGHT OF
WAY. FOR ADDITIONAL IMPROVEMENTS and then place a temporary facing
over the exposed facility.
k. PLEASANTON shall construct at its own expense drainage
improvements on the SANTA RITA PROPERTY which conform to COUNTY
and Alameda County Flood Control and Water Conservation District
(Zone 7) . Standards and are shown in the Plans and Specifications
entitled NPID3-9001 Hacienda Drive/Route 580 Interchange, dated
June 13 , 1990, incorporated by reference, and as may be modified
by Contract Change Orders during construction.
4. Contribution of SURPLUS PROPERTY AUTHORITY PROPERTY
RIGHTS and RIGHT OF WAY FOR ADDITIONAL IMPROVEMENTS by SURPLUS PROPERTY
AUTHORITY.
a. SURPLUS PROPERTY AUTHORITY shall dedicate in fee simple
to PLEASANTON the right of way through the SANTA RITA PROPERTY
required for the INITIAL IMPROVEMENTS , as described in Exhibit
F-2, and the RIGHT OF WAY FOR ADDITIONAL IMPROVEMENTS as described
in Exhibit F-1. Said right of way shall be free and clear of all
liens, leases, encumbrances, easements (recorded and/or
unrecorded) , assessments and taxes.
7
i 1
b. SURPLUS PROPERTY AUTHORITY shall grant easements for
utilities shown on Exhibits H-1, H-2 , E-1 and E-2 , in the form
described in Exhibits F-i and F-2 .
c. SURPLUS PROPERTY AUTHORITY shall convey Right of Way
and easements as described in 4 .a. and 4 .b. no later than January
15, 1992.
d. COUNTY and SURPLUS PROPERTY AUTHORITY understand that
the existing frontage road north of I-580 on the SANTA RITA
PROPERTY will be demolished during the construction of ADDITIONAL
IMPROVEMENTS and INITIAL IMPROVEMENTS and no new access will be
provided. Compensation for the severed access is considered
included in the amounts shown in Exhibit I and COUNTY or SURPLUS
PROPERTY AUTHORITY shall claim no additional compensation for any
reason.
e. SURPLUS PROPERTY AUTHORITY further understands that due
to the construction of the INITIAL IMPROVEMENTS and ADDITIONAL
IMPROVEMENTS that certain elements of the sewage system on the
SANTA RITA PROPERTY will be demolished and not replaced. The
demolished portion of the sewage system is shown on Exhibit H-4 .
Full compensation for the loss of the sewer system is considered
included in the amount shown on Exhibit I and SURPLUS PROPERTY
AUTHORITY shall claim no additional compensation for any reason.
f. SURPLUS PROPERTY AUTHORITY shall utilize its authority
over U. S. Sprint and Pacific Gas and Electric to cause the
relocation of. the underground fiber optics telephone cable and the
8
i
a n
gas transmission main from the current location to the utility
easement north of the Hacienda Drive interchange. No cost for said
• relocation will be borne by PLEASANTON.
g. SURPLUS PROPERTY AUTHORITY accepts $2 , 135,250 from
PLEASANTON as full compensation for loss of its property, property
rights, severance damages, loss of a portion of its sewer system
and any other damages which occur or arise out of the construction
on the INITIAL IMPROVEMENTS and the ADDITIONAL IMPROVEMENTS.
SURPLUS PROPERTY AUTHORITY. shall use said amount to repay
PLEASANTON for the COST OF CONSTRUCTION as set forth in this
agreement. SURPLUS PROPERTY AUTHORITY shall accrue interest on the
$2, 135,250 as shown in Exhibit L attached hereto and incorporated
herein. In the event that all of the $2 , 135,250 plus interest is
not necessary to cover the COST OF CONSTRUCTION, PLEASANTON shall
pay SURPLUS PROPERTY AUTHORITY the difference, within ninety (90)
days of the final acceptance of the improvements. In the event
that the entire amount is spent prior to completion of all of the
ADDITIONAL IMPROVEMENTS, SURPLUS PROPERTY AUTHORITY may, at its
discretion, deposit with PLEASANTON such additional funds as may
be necessary to complete the remaining elements of the ADDITIONAL
IMPROVEMENTS and PLEASANTON shall construct said elements.
h. SURPLUS PROPERTY AUTHORITY consents to the dismissal of
any action in eminent domain by PLEASANTON as to the RIGHT OF WAY
FOR ADDITIONAL IMPROVEMENTS or any portion thereof, and also
waives all claims to court costs claims under C. C.P. 1268. 610.
9
`'
5. DUBLIN credit to SURPLUS PROPERTY AUTHORITY for Construction
of ADDITIONAL IMPROVEMENTS and RIGHT OF WAY FOR ADDITIONAL IMPROVEMENTS.
a. DUBLIN agrees that SURPLUS PROPERTY AUTHORITY shall be
given credit for:
1. the value of the RIGHT OF WAY AND EASEMENTS. FOR
ADDITIONAL IMPROVEMENTS as shown in Exhibit E-3 ;
and
2. the COST OF CONSTRUCTION of the ADDITIONAL
IMPROVEMENTS as provided in Exhibit C.
b. The credit to be given under this section shall be
applied by DUBLIN against any future assessments, special taxes,
exactions and/or fees against the SANTA RITA PROPERTY for
infrastructure improvements benefiting the SANTA RITA PROPERTY.
c. The amount of the credit for the right of way under
section 5.a.1 . above shall be $1,131, 000 which is based on the
total per acre value of the land dedicated, as such value is
established by an appraisal by Roland H. Burchard & Associates
dated January 1990 and mutually agreed upon by DUBLIN and the
SURPLUS PROPERTY AUTHORITY as summarized in Exhibit E-3 attached
hereto and incorporated herein, together with interest thereon
commencing upon the date of acceptance by PLEASANTON of the
individual construction contract improvements comprising the
ADDITIONAL IMPROVEMENTS.
d. The amount of the credit for the COST OF CONSTRUCTION
under section 5.a.2 above shall be the COST OF CONSTRUCTION set
forth in Exhibit C together with interest thereon commencing upon
10
the date of acceptance by PLEASANTON of the individual
construction contract improvements comprising the ADDITIONAL
IMPROVEMENTS.
e. Interest specified in subparagraph c and d above for
each year on the credits will be based on the County Treasurer's
return on invested funds as calculated by the County Treasurer in
July of each such year for the prior calendar year.
f. Notwithstanding the foregoing, SURPLUS PROPERTY
AUTHORITY and COUNTY acknowledge and agree that the SANTA RITA
PROPERTY may be subject to future assessments, special taxes,
exactions and/or fees imposed by DUBLIN for improvements in
addition to the improvements to be constructed pursuant to this
Agreement.
6. Additional Documents and Agreements.
The parties agree to cooperate in the execution of any
additional documents or agreements which may be required to carry out
the terms of this agreement.
7. Successors.
This Agreement shall bind and inure to the benefit of all
successors and assigns of the parties and any associates in interest,
and their respective directors, officers, agents, servants, and
employees, and the successors and assigns of each of them, separately
and collectively.
8 . Construction of Agreement.
This Agreement shall be construed and enforced pursuant to
the laws of the State of California.
11
t-+'
9. Time of the Essence.
In entering into this Agreement, the parties recognize and
agree that time is of the essence.
10. Notices.
Whenever notice is required hereunder, it shall be given to
as follows:
To: City of DUBLIN
Richard C. Ambrose
City Manager
City of Dublin
100 Civic Plaza
Post Office Box 2340
Dublin, CA 94568
To: City of PLEASANTON
Deborah Acosta
City, Manager
City of Pleasanton
Post Office Box 520
Pleasanton, CA 94566-0802
To: COUNTY of Alameda
Steven Szalay
County Administrator
County of Alameda
1221 Oak Street, Room 555
Oakland, CA 94612
To: SURPLUS PROPERTY AUTHORITY:
Steven Szalay
County Administrator
County of Alameda
1221 Oak Street, Room 555
Oakland, CA 94612
12
i 1
11. Remedy for Breach.
The exclusive remedies for breach by any of the parties of
any term or condition of this Agreement or any dispute regarding the
interpretation of this Agreement shall be final and binding arbitration
conducted according to the rules of the American Arbitration
Association. Each party in such arbitration shall bear its own costs
and attorneys' fees and shall jointly pay the cost of the arbitrator
and court reporter. The arbitrator shall be selected jointly by
DUBLIN, PLEASANTON and COUNTY, unless the issue to be arbitrated
involves only two of the parties in which .case the arbitrator shall be
selected by those two parties. The decision of the arbitrator shall be
final.
12. Warranty of Legal Authority,.
Each party warrants and covenants that it has the present
legal authority to enter into this Agreement and to do the acts
required of it hereunder. If any party is found to lack the authority
to do the acts required of it hereunder or is prevented from performing
the acts by a court of competent jurisdiction, this Agreement shall be
void and each party shall return to the position it held immediately
preceding the execution of this Agreement.
13. Entire Agreement.
This document embodies the entire terms and conditions of the
Agreement described herein. This Agreement may be executed in four (4)
counterparts, each of which shall constitute an original.
13
•
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.-
. .-
: i I INITIAL IMPROVEMENTS AND
1 I ADDITIONAL IMPROVEMENTS
Hacienda Dr./I-580 Interchange
CHM HILL
SF024721.A4 1
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II ; g::-'.1., INITIAL IMPROVEMENTS
USED SIDI SI.E Ira at 1! I I IN L I •ff IC /UI UN[ 1
• •+ - D Y- i �,'� :: `i ADDITIONAL IMPROVEMENTS
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- -- -K-- i'•11 'i: EXHIBIT A-2
INITIAL IMPROVEMENTS AND
ADDITIONAL IMPROVEMENTS
Santa Rita Rd./I-580 Interchange
SF024721.A4 ClafHIIL
•
z
14. Effective Date.
This Agreement shall be effective when signed by all parties.
CITY OF DUBLIN
Dated:
Mayor
•
Approved as to form:
•
• City Attorney .
•
CITY F ON
Dated:
Mayor
Approved as to form:
74'
utlyz,L, (�j''u
City Attorney
COUNT F AL L�
Dated: d6'' ��„ °�-0
-Chaff -ofthe Board
President
AR RA� m5g Form form:
KE!Viii H.BOOTY,JR.,County Counsel •
SURPL PROP r 91,* -r 1+ R TY
•0
Presider
•
•
SURPLUS PROPERTY AUTHORITY
I hereby certify under penalty of perjury that the President of the
Surplus Property Commission was duly authorized to execute this document on
behalf of the County of Alameda Surplus Property Authority by a majority vote
of the Commissioners on R 12 1 : and that a copy has been
delivered to the President as provided by Government Code Section 25103.
Dated: 12 1. 1
WILLIAM MEHRWEIN, Clerk, Alameda
County Surplus ' Property Authority,
State of California.
By
Deputy
•
EXHIBIT "B"
ADDITIONAL IMPROVEMENTS
ADDITIONAL IMPROVEMENTS shall be the improvements necessary to
complete the ,interchanges as shown on Exhibits A-i and A-2 . The
ADDITIONAL IMPROVEMENTS include the following elements:
HACIENDA DRIVE
1. Completion of the HL2 (eastbound) loop on ramp.
2 . Construction of the eastern half of the freeway overpass
and the bridge approaches.
3 . Construction of the HR3 (westbound) diagonal on ramp and
the required additional segment of Hacienda Drive extension
to the north.
4 . Landscape the HR3 ramp area.
5. Demolish the remainder of the Madigan Building.
SANTA RITA/TASSAJARA ROAD
1. Relocate utilities which conflict with the construction of
the TR3 ramp.
2. Construct TR3 (westbound) diagonal on ramp and associated
improvements to Tassajara Road.
3 . Landscape the TR3 ramp area.
EXHIBIT 'ICS'
COST OF CONSTRUCTION
1. PLEASANTON's. COST OF CONSTRUCTION shall be the final construction
costs for the ADDITIONAL IMPROVEMENTS including all required
utility relocation, plus construction engineering costs not to
exceed 10% of the final construction costs, plus preliminary
engineering and design costs not to exceed 12% of the final
construction cost, minus any funds received from outside sources
including but not limited to CALTRANS, such as SB 300 funding.
Sample Calculation:
COST OF CONSTRUCTION
HACIENDA
HL-2 $225,368
Bridge 965,722
HR-3 Ramp 351,060
$1, 542,150
SANTA RITA-TASSAJARA
Utility Relocation $370,415
TR-3 Ramp $317, 122
$687, 537
Subtotal Construction $2,229, 687
Construction Engineering (10%) 222,969
$2,452, 656
SB 300 (21.773%) (534,017)
$1, 918, 639
Design (12%) 267, 562
TOTAL $2,186,201
2 . The final construction costs for the ADDITIONAL IMPROVEMENTS shall
be based on the final quantities of the respective contracts
except for priority item 2 which is described below. Elements of
the ADDITIONAL IMPROVEMENTS are described in Exhibit B and
prioritized in Exhibit J.
3 . The final construction cost for priority item 2 (Exhibit J) shall
be $965,721. 65. This is based on bids received by PLEASANTON on
June 13 , 1990. The bids contained construction alternatives. The
Item 2 priority was included in the alternative bid. The
difference in the base bid (excluding Item 2) and the alternative
bid (including Item 2) is as follows:
Low Bid (Alternative Contract) $6, 167, 843 . 45
Low Bid (Base Contract) $5, 202 , 121. 80
Priority Item #2 Final Construction Cost $ 965,721. 65
4 . The final construction costs for priority elements 1, 3 and 5
shall be based on the following spread sheets as may be modified
during construction:
A. Priority E1ema i. 1 .
HACIENDA DRIVE/ROUTE 580 INTERCHANGE -
HL2 RAMP COST ESTIMATE
ESTIMATED ACTUAL BID ESTIMATED
ITE DESCRIPTION QUANTITY UNIT UNIT COST COST
1 CONSTRUCTION AREA SIGNS&TRAFFIC CONTR 1 LS $250.00 5250.00
2 SALVAGE CHAIN LINK FENCE 1,100 LF S2.00 S2.200.00
3 RELOCATE ROADSIDE SIGN 2 EA S340.00 5680.00
4 CLEARING AND GRUBBING 1 LS S250.00 S250.00
5 ROADWAY EXCAVATION 2,730 CY S10.00 $27,300.00
6 18'CSP IRRIGATION CROSSOVER 64 LF S57.00 • S3.648.00
7 3'PVC SUPPLY LINE 88 LF 525.00 S2.200.00
8 FINISHING ROADWAY 1 LS 5750.00 5250.00
9 CLASS 4 AGGREGATE SUBBASE 1,465 CY 512.00 $17,580.00
10 CLASS 3 AGGREGATE BASE 920 CY S22.00 $20,240.00
11 ASPHALT TREATED PERMEABLE BASE 340 CT S45.00 $15,300.00
12 PLACE ASPHALT CONCRETE(TYPE A) 1.635 TON $25.00 $40,875.00
13 PLACE AC DIKE(TYPE E) 155 LF 51.00 S155.00
614 ASPHALT CONCRETE(MISC AREA) 20 SY S10.00 $200.00
15 ROADSIDE SIGN-ONE POST 6 EA 5185.00 $1,110.00
16 ROADSIDE SIGN-TWO POST 1 EA 5370.00 S370.00
17 24'REINFORCED CONCRETE PIPE 20 LF $70.00 51,400.00
18 3'PLASTIC SLOTTED PIPE(EDGE DRAIN) 1,500 LF S5.00 $7,500.00
19 3'PLASTIC PIPE(EDGE DRAIN OUTLET) 60 LF S10.00 5600.00
20 12'CSP DD-BIT LINED&COATED(0.079'THICK) 160 LF 543.00 $6,880.00
21 24'ALTERNATIVE FLARED END SECTION 1 EA 51,500.00 51,500.00-
22 TYPE 00 INLET 1 EA 51,300.00 51,300.00
23 MINOR CONCERETE-WHEELCHAIR RAMP 2 EA S180.00 S360.00
24 MINOR CONCRETE-SIDEWALK 500 SF. 51.50 S750.00
25 TYPE PS CURB 100 LF • 57.00 5700.00
26 TYPE P8M CURB 50 LF $6.00 $300.00
27 CHAIN LINK FENCE(TYPE CL-6) 170 LF S6.00 $1,020.00
23 DELINEATOR(CLASS I) 23 EA S32.00 S736.00
29 OBJECT MARKER(TYPE K&L) 3 EA 540.00 5120.00
. 30 METAL BEAM GUARD RAILING(WOOD POST) . 300 LF S14.00 $4,200.00
31 CABLE ANCHOR ASSEMBLY(BREAKAWAY.TYP - 1 EA $350.00 $350.00
•
32 CABLE ANCHOR ASSEMBLY(BREAKAWAY.TYP 1 FA $350.00 $350.00
33 8'THERMOPLASTIC TRAFFIC STRIPE 540 LF S0.70 $378.00
34 PAINT TRAFFIC STRIPE(2-COAT) 2,100 LF -$0.12 5252.00
35 PAVEMENT MARKER(REFLECTIVE) 40 EA $3.00 S120.00
36 ROADWAY LIGHTING(TYPE 15.200 WATT,CON 2 EA 56,100.00 $12,200.00
37 ROADWAY LIGHTING(TYPE 30,310 WATT,CON 1 EA $6,500.00 $6,500.00
38 RAMP METERING SYSTEM 1 LS $15,000.00 $15,000.00
39 MOBILIZATION 1 LS $19.512.40 $19,512.40
S214.636.40
CONTINGENCY @ 5% 510,731.82
5225.368.22
•
•
1.
' B. Priority Eleme, D. 3
HACIENDA DRIVE/ROUTE 580 INTERCHANGE
-HR3 RAMP COST ESTIMATE
ESTIMATED ACTUAL BID ESTIMATED
ITE DESCRIPTION QUANTITY UNIT UNIT COST COST
1 CONSTRUCTION AREA SIGNS&TRAFFIC CONTR 1 LS 5250.00' S250.00
2 SALVAGE CHAIN LINK FENCE 500 LF 2.00 1.000.00
3 REMOVE ROADSIDE SIGN 1 EA 50.00 50.00
4 REMOVE PCC CURB 1,300 LF 2.00 2,600.00
5 RELOCATE ROADSIDE SIGN 2 EA 340.00 680.00
6 CLEARING AND GRUBBING 1 LA 250.00 250.00
7 ROADWAY EXCAVATION 4,300 CY 10.00 43.000.00
8 18'CORRUGATED STEEL PIPE IRRIGATION 28 LF 57.00 1,596.00
CROSSOVER CONDUIT(0.079'THICK)
9 3'PVC SUPPLY LINE 40 LF 25.00 1,000.00
=10 FINISHING ROADWAY 1 LS 250.00 250.00
11 CLASS 4 AGGREGATE SUBBASE 2,281 CY 12.00 27,372.00
12 CLASS 3 AGGREGATE BASE 1,400 CY 22.00 30.800:00
13 ASPHALT TREATED PERMEABLE BASE 451 CY 45.00 20.295.00
14 ASPHALT CONCRETE(TYPE A) 2,207 TON 25.00 55,175.00
15 PLACE ASPHALT CONCRETE DIKE(TYPE E) 370 LF 1.00 370.00
16 ASPHALT CONCRETE(MISCELLANEOUS AREA) 150 SY 10.00 1,500.00
17 ROADSIDE SIGN-ONE POST 4 EA 185.00 740.00
18 ROADSIDE SIGN-TWO POST 2 EA 370.00 740.00
19 18'ALTERNATIVE PIPE 80 LF 50.00 4,000.00
20 3'PLASTIC SLOTTED PIPE(EDGE DRAIN) 1,950 LF 5.00 9.750.00
21 3'PLASTIC PIPE(EDGE DRAIN OUTLET) 278 LF 10.00 2,780.00
22 12'CSP DD-BIT.LINED AND COATED 104 LF 43.00 4,472.00
().07s'THICK)WITH TEE
23 I8'ALTERNATIVE FLARED END SECTION 2 EA 1,400.00 2,800.00
WITH SACKED CONCRETE SLOPE PROTECTION
24 TYPE GO INLET 4 EA 1.300.00 5,200.00
25 MINOR CONCRETE(WHEELCHAIR RAMP) 2 EA 180.00 360.00
26 MINOR CONCRETE(SIDEWALK) 1,950 SF 1.50 2,925:00
27 MINOR CONCRETE(TYPE P8 CURB) 455 LF 7.00 3,185.00
28 MINOR CONCRETE(TYPE P8M CURB) 240 LF 6.00 1,440.00
29 CHAIN LINK PENCE(TYPE CL-6) 500 LF _ 6.00 3,000.00
30 DELINEATOR(CLASS I) - 21 EA 32.00 672.00
31 OBJECT MARKER(TYPE K&L) 1 EA 40.00 40.00
32 8'THERMOPLASTIC TRAFFIC STRIPE 266 LF 0.70 186.20
33 PAINT TRAFFIC STRIPE(2-COAT) 3,965 LF 0.12 475.80
34 PAVEMENT MARKER(REFLECTIVE) 54 EA 3.00 162.00
35 ROADWAY LIGHTING 2 EA 6,100.00 12,200.00 -
(TYPE 15.200 WATT,CONCRETE FOUNDATION)
36 ROADWAY LIGHTING 2 EA 6,500.00 13,000.00
(TYPE 30.310 WATT.CONCRETE FOUNDATION)
37 RAMP METERING SYSTEM 1 IS 15.000.00 15.000.00
38 MOBILIZATION 1 LS 1.00 26.931.60
3296.247.60
CONTINGENCY @ 5% $14,812.38
39 REMOVE PORTION MADIGAN BUILDING/REFACE $40,000.00
3351,059.98
C. Priority Elem. o. 5
SANTA RTTA/ROUTE_ __TERCHANGE
TR3 LINE WESTBOUND ON RAMP COST ESTIMATE
ESTIMATED ESTIMATED ESTIMATED
ITE DESCRIPTION QUANTITY UNIT UNIT COST COST
1 SALVAGE CHAIN LINK FENCE 1.005 LF S3.00 53,015.00
2 REMOVE BASE AND SURFACING 385 CY 54.75 $1,828.75
3 CLEARING AND GRUBBING 1 LS 512,000.00 512.000.00
4 ROADWAY EXCAVATION 6.806 CY S5.00 534,030.00
5 DITCH EXCAVATION 675 CY S7.00 54,725.00
6 IMPORTED BORROW(FILL) 10,133 CY 58.50 S86.130.50
7 EROSION CONTROL(TYPED) 830 SY S0.50 $415.00
8 CLASS 4 AGGREGATE SUBBASE 1.713 CY $13.00 522,269.00
9 CLASS 3 AGGREGATE SUBBASE 1.028 CY S19.00 S19.532.00
10 ASPHALT TREATED PERMEABLE BASE 373 CY S45.00 516.785.00
11 ASPHALT CONCRETE(TYPE A) 1.896 TON S27.00 S51.192.00
12 ASPHALT CONCRETE(MISC AREA) 338 SY $8.00 S2,704.00
13 ASPHALT CONCRETE DIKE(TYPE E) 1,552 LF S2.00 S3,104.00
14 ASPHALT EMULSION(PAINT BINDER) 4.1 TON 5230.00 5943.00
15 ROADSIDE SIGN(ONE POST) 5 EA 5150.00 5750.00
16 ROADSIDE SIGN(TWO POST) 1 EA 5255.00 5255.00
17 MINOR CONCRETE(WHEELCHAIR RAMP) 1 EA S225.00 $225.00
18 TYPE A2-8 CURB AND GUTTER 30 LF S10.00 5300.00
19 CHAIN LINK FENCE(TYPE CL-6) 1,487 LF $8.00 $11,896.00
20 8•THERMOPLASTIC TRAFFIC STRIPE 880 LF $1.50 51,320.00
21 PAINTED TRAFFIC STRIPE(2 COAT) 1.045 LF S0.20 $209.00
22 PAINTED PAVEMENT MARKING(2 COAT) 84 SF $2.25 5189.00
23 PAVEMENT MARKER(REFLECTIVE) 204 EA S3.50 5714,00
24 SIGNAL AND LIGHTING(LOC 2) 1 LS 5500.00 5500.00
25 LIGHTING AND SIGNING ILLUMINATION 1 LS S3.000.00 53,000.00
26 RAMP METERING SYSTEM 1 LS $21,000.00 $21,000.00
27 MOBLTLATION(10%) 1 LS 52.990.31 52,990.31
5302.021.56
CONTINGENCY 0)5% S15.101.08
5317,12264
5. The final construction cost for the relocation of utilities
(priority item 4) will be PLEASANTON's share of the costs as
established by existing agreements between PLEASANTON and the
respective utility companies which are attached hereto and
incorporated herein as Exhibit K, and as follows:
Company Document No. Date Est. Cost
PG&E (Gas) Utility Agreement #788.2 10/22/90 $232,500
PG&E (Electric) Utility Agreement #788.3 10/22/90 $110, 000
Pacific Telephone Utility Agreement #789 . 3 9/04/90 $ 27,915
$370,415
SUMMARY OF COSTS
Priority Location Est. Cost
1 HL2 on ramp $ 225, 368
2 Hacienda Overpass $ 965,722
3 HR3 on ramp $ 351, 060
4 Utility relocation (TR3 ramp) $ 370,415
5 TR3 on ramp $ 317 , 122
Estimated Total $2,229, 687
6. The final construction cost of priority items 6, 7, and 8 will be
based on actual construction costs for the work completed. The
format for said costs will be similar to the format in section 4
above and will be mutually agreed between DUBLIN and PLEASANTON
prior to the bid of these items.
7 . DUBLIN shall have the right periodically to conduct an audit of
PLEASANTON's costs, provided advance written notice is provided b:
DUBLIN to PLEASANTON.
8 . At the conclusion of construction of the ADDITIONAL IMPROVEMENTS,
PLEASANTON shall submit to DUBLIN a final accounting of the COST
OF CONSTRUCTION in a format which reflects the total costs for
preliminary engineering, design, utility relocation, construction
engineering and construction and indicates actual payments made b'
PLEASANTON. DUBLIN may conduct an audit of final accounting of the
COST OF CONSTRUCTION. If there is any dispute between DUBLIN and
PLEASANTON regarding whether any item or items of cost should be
included within the COST OF CONSTRUCTION, such dispute will be
resolved through final and binding arbitration as provided in
Paragraph 11.
•
EXHIBIT "D"
INITIAL IMPROVEMENTS
INITIAL IMPROVEMENTS shall mean the freeway interchange improvements at
Santa Rita/Tassajara Road on I-580, and at Hacienda Drive on I-580
which are generally shown on Exhibit A-i and A-2 of this Agreement.
The INITIAL IMPROVEMENTS shall include all traffic control, demolition,
clearing, excavation, drainage, roadway, embankment, lighting, signals,
curb and gutter, sidewalks, lighting, stripping, ramp metering,
electrical controls, fencing necessary to meet Caltrans design
standards for the area indicated on Exhibits A-1 and A-2 .
•
• • • -•
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MADIGAN BUILDING
PORTION TO BE REMOVED
. ,
• - EXHIBIT E-1
RIGHT OF WAY FOR ADDITIONAL IMPROVEMENTS
Hacienda Dr./I-580 Interchange
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(See Exhibit F-1 for description)
EXHIBIT E-2
i RIGHT OF WAY AND UTILITY EASEMENTS
• I . FOR ADDITIONAL IMPROVEMENTS
Santa Rita Rd./17.580 Interchange
• CHMHILL
EXHIBIT "E-3"
VALUE OF RIGHT OF WAY AND EASEMENTS FOR ADDITIONAL IMPROVEMENTS
HACIENDA DRIVE
Right of Way Parcel 3
Developable Area 108, 117 s. f. @ $5 . 25/s. f. _ $ 567, 614
Undevelopable (Road) 31,320 s. f. @ $0 . 00/s. f. = $ 0
Subtotal 139 ,437 s. f. $ 567, 614
SANTA RITA/TASSAJARA ROAD
Right of Way Parcel 4 96, 945 s. f. @ $5. 25/s. f. _ $ 508, 961
Public Utility Easement
Parcels 5, 7, 8, 9 69, 023 s. f. @ $5. 25/s. f. x 15% = $ 54, 356
TOTAL VALUE OF RIGHT OF WAY AND EASEMENTS
FOR ADDITIONAL IMPROVEMENTS $1, 130, 931
Rounded to $1, 131, 000
i
EXHIBIT "P-i"
LEGAL DESCRIPTION NO. 3
All that certain real property situated in the City of Dublin, Township of
Pleasanton, County of Alameda, State of California, being a portion of the
3636.1222 acre tract of land acquired by the United States of America, by
Decree of Final Condemnation, made by the District Court of the United States
for the Northern District of California, Southern Division, Case Number 22352-R,
a certified copy of which was recorded August 1, 1947, in Book 5132 of the
Official Records, Page 1 , Alameda County Records, described as follows:
COMMENCING at a point on the northerly line of State Highway 4-ALA-580 as
described in Parcel 1 of the acquisition deed recorded March 3, 1969 on Reel
2357 as image 287 of the Alameda County Records being the westerly terminus
of the line described as "S 88° 49' 11" E, 3074.41 feet"; thence along said
northerly line S 88°. 49' 11" E, 178.66 feet to the POINT OF BEGINNING;
thence leaving said northerly line N 86° 23' 01" E, 310.75 feet; thence N 87°
40' 02" E, 448.54 feet to the beginning of a non-tangent curve with a radial
bearing of S 02° 46' 26" E; thence along said non-tangent curve to the left
having a radius of 2937.00 feet through a central angle of 3° 40' 41", an arc
distance of 188.53 feet to the beginning of a compound curve; thence along
said compound.curve having a radius if 200.00 feet through a central angle of
24° 58' 14", an arc distance of 87.16 feet to the beginning of a compound
curve;thence along said compound curve having a radius of 352.00 feet through
a central angle of 49° 53' 50" an arc distance of 306.55 feet; thence N 08° 40'
49" E, 128.06 feet; thence N 39° 53' 49" W, 22.67 feet; thence N 08° 40'
49" E, 306.93 feet; thence S 87° 52' 13" E, 178.02 feet; thence S 1 ° 10'
49 W, 304.25 feet; thence N 88° 49' 11" W, 189.90 feet; thence S 03° 23'
56" W, 494.36 feet to the said northerly line; thence along said northerly line,
N 88° 49' 11 " W, 1196.27 feet to the POINT OF BEGINNING.
Containing 139,437 square feet, more or less.
The foregoing description is based on the California Coordinate System Zone ill -
NAD 1927. Multiply distances by 1.00000973 to obtain ground level distances.
EXHIBIT "F-1"
LEGAL DESCRIPTION NO. 4
All that certain real property situated in the City of Dublin, Township of
Pleasanton, County of Alameda, State of California, being a portion of the
3636.1222 acre tract of land acquired by the United States of America, by
Decree of Final Condemnation, made by the District Court of the United States
for the Northern District of California, Southern Division, Case Number 22352-R,
a certified copy of which was recorded August 1, 1947, in Book 5132 of Official
Records, Page .1 , Alameda County Records,- described as follows:
• COMMENCING at the intersection of the westerly line of Tassajara Road and the
northerly line of State Highway 4-ALA-580 as described in Parcel 1 of the-
acquisition deed recorded March 3, 1969 on Reel 2357 as image 287, Alameda
County Records, being the easterly terminus of the line described as "N 89° 39'
48" E, 569.44 feet"; thence along said northerly line, S 89° 39' 48" W, 65.03
feet to the Point of Beginning; thence continuing along said northerly line, S 89'
39' 48" W, 504.41 feet; thence N 1 ° 56' 50" E, 15.01 feet; thence S 89° 39'
48" W, 113.27 feet; thence S 89° 17' 20" W, 178.43 feet to a tangent curve
to the right concave to the south; thence along said curve with a radius of
2503.00 feet through a central angle of 2° 13' 14", an arc length of 97.01 feet;
thence N-88° 29' 26" W, 829.94 feet; thence leaving said northerly line, S 89°
38' 11" E, 813.24 feet; thence N 74° 29' 31" E, 91.35 feet; thence N 88° 33'
23" E, 503.02 feet to a point on a tangent curve to the left concave to the
southeast; thence along said curve with a radius of 352.00 feet through a
central angle of 82° 20' 03", an arc length of 505.83 feet; thence N 5° 50'
38" E, 271.42 feet; thence N 1 ° 15' 19" E, 326.28 feet; thence S 88° 44'
41" E, 30.75 feet to intersect the said westerly line; thence along said westerly
line, S 1 ° 15' 19" W, 190.00 feet; thence leaving said westerly line, S 5° 58'
41" W, 789.48 feet to the POINT OF BEGINNING.
Containing 96,945 square feet, more or less.
Bearings and distances stated above are related to the California Coordinate
System, Zone Ill. To obtain ground level distances, multiply the stated grid
distance by 1 .0000973.
EXHIBIT "F-1"
LEGAL DESCRIPTION NO. 5
(Non-Exclusive Utilities Easement 49321-3)
•
and across a parcel of
Anon-exclusive easement for utilities nsd�er,0 f Pleasanton, County of Alameda,
land situated in the City of Dublin, Township
State of
California, being a portion of the 3636.1222 Co acre
etractionl and
d acquired
by the
by the United States of America, by Decree of Final
District Court of the United States for the Northern dDcopytoffw California,h `n+a
Southern Division, Case Number 22352-R, a certified
t 1 1947, in Book 5132 of Official Records, Page 1 , Alameda
recorded Augus ,
County Records, described as follows:
COMMENCING at the intersection of the westerly line of Tass n;Parcel in an d the
northerly line of State Highway 4-ALA-580 as described
deed recorded March 3, 1969 on Reel 2357 as Image de 287,described the
Alameda dee o easterly
Alameda County Records, being the
along the said westerly line, N �° 15'
"N 89° 39' 48" E, 569.44 feet"; 71.24
19" E, 975.00 feet to the POINT OF BEGINNING; thence G�continuing�9 W
19" E. 75.00 feet; thence, leaving said westerly
feet; thence S 1 ° 15' 19" W, 350.47 feet; thence S 5° 50'thence along tO. curve
to a tangent curve to the right concave to the
entral angle of 82° 20' 03"' an 55'
with a radius of 332.00 feet throng arc
502.61 feet; thence N 8
length of 477.09 feet; thence 43 a 29' 26" W►147.42 feet; thence N 88° 29'
22" W, 21.28 feet; thence 46° W, 45.50 feet; thence N 89° 55: 22"
26" , 80.00 feet; thence S 46 30' 34" 88° 29' 26"
89° W, 449.85 feet; thence N 88
W, 32.93 feet; thence S 89 58' 55"
said
• thence S 1 ° 30' 34" W, 51.52 feet to intersect h
no 542.67 feet; t line, S 88° 47' 05" feet;
northerly line, thence along said northerly thence S 88° 29'
N 1 ° 30' 34" E, 26.42 feet;
thence leaving said northerly line, thence S 89° 55'
26" E, 523.00 feet; thence N 89° 58' 55" E, 450.16 feet; 89° 38'
22" E,
54.47 feet; thence S 1 ° 30' 34" W, 24.26 feet; thence N 9° 8'
11" E, 58.20 feet; thence N 74° 29' 31" E, 91.35 33'
23 c 503.02 feet to a tangent curve to the left, concave to
central angle southeast;
feet
thence along said curve with a radius
feet; thence N 5° 50'through
E. 271 .42 feet;the
82° 20' 03", an arc length of 505. � 41" E, 30.75 feet t
thence N 1 ° 15' 19" E, 326.28 feet; thence S 88° 44
POINT OF BEGINNING.
Excepting the exclusive easement described as "1 ." in the document recorded
January 31 , 1968 on Reel 2118 as Image 15 of the Alameda
Containing 67,938 square feet, more or less.
•
•
' EXHIBIT "F-"
LEGAL DESCRIPTION NO. 5
(PG&E Gas Line Easement 49321-3 , 49321-1)
A non-exclusive easement for utilities under, over, along and across a parcel of
land situated in the City of Dublin, Township of Pleasanton, County of Alameda,
State of California, being a portion of the 3636.1222 acre tract of land acquired
by the United States of America, by Decree of Final Condemnation, made by the
District Court of the United States for the Northern District of California,
Southern Division, Case Number 22352-R, a certified copy of which was
recorded August 1 , 1947, in Book 51.32 of Official Records, Page 1, Alameda
County Records, described as follows:
COMMENCING at the intersection of the westerly line of Tassajara Road and the
northerly line of State Highway 4-ALA-580 as described in Parcel 1 of the
acquisition deed recorded March 3, 1969 on Reel 2357 as image 287, of the
Alameda County Records, being the easterly terminus ofthe line described as
"N 89° 39' 48" E, 569.44 feet"; thence along the said westerly line, N 1 ° 15'
19" E, 975.00 feet to the POINT OF BEGINNING; thence continuing N 1 ° 15'
19" E, 75.00 feet; thence, leaving said westerly line, S 46° 40' 51" W, 71.24
feet; thenceS 1 ° 15' 19" W, 350.47 feet; thence S 5° 50' 38" W, 270.62 feet •
to a tangent curve-to the right concave to the southeast; thence along the curve
with a radius of 332.00 feet through a central angle of 82° 20' 03", an arc
length of 477.09 feet; thence S 88° 33' 23" W, 502.61 feet; thence N 89° 55'
22" W, 21.28 feet; thence N 43° 29' 26" W, 47.42 feet; thence N 88° 29'
26" W, 80.00 feet; thence S 46° 30' 34" W, 45.50 feet; thence N 89° 55'
22" W, 32.93 feet; thence S 89° 58' 55" W, 449.85 feet; thence N 88° 29'
26" W, 542.67 feet; thence S 1 ° 30' 34" W, 51 .52 feet to intersect the said
northerly line, thence along said northerly line, S 88° 47' 05" E, 20.00 feet;
thence leaving said northerly line, N 1 ° 30' 34" E, 26.42 feet; thence S 88° 29'
26" E, 523.00 feet; thence N 89° 58' 55" E, 450.16 feet; thence S 89° 55'
22" E, 54.47 feet; thence S 1 ° 30' 34" W, 24.26 feet; thence S 89° 38'
11" E, 58.20 feet; thence N 74° 29' 31" E, 91 .35 feet; thence N 88° 33'
23" E, 503.02 feet to a tangent curve to the left, concave to the southeast;
thence along said curve with a radius of 352.00 feet through a central angle of
82° 20' 03", an arc length of 505.83 feet; thence N 5° 50' 38" E, 271 .42 feet;
thence N 1 ° 15' 19" E, 326.28 feet; thence S 88° 44' 41 " E, 30.75 feet to the
POINT OF BEGINNING.
Excepting the exclusive easement described as "1 ." in the document recorded
January 31 , 1968 on Reel-2118 as Image 15 of the Alameda County Records.
Containing 67,938 square feet, more or less..
EXHIBIT "P-1"
LEGAL DESCRIPTION NO. 5
(PG&E Power Line Easement 49321-3 , 49321-2-1 & 49321-2-2)
A
non-exclusive easement for utilities under, over, along and across a parcel of
land situated in the City of Dublin, Township of Pleasanton, County of
red
State of California; being a portion of the 3636.1222 Co demnation! made by'the
by the United States of America, by Decree of Final
District Court of the United States for the Northern District of was
Southern Division, Case Number 22352-R, a certified copy of
recorded August 1 , 1947, in Book 5132 of Official Records, Page 1 , Alameda
County Records, described as follows:
COMMENCING at the intersection of the westerly line of Tassajara Road and the
northerly line of State Highway 4-ALA-580 as described in Parcel 1
acquisition deed recorded March 3, 1969 on Reel 357 as I line age de 8 r,bof the
Alameda County Records, being the easterly terminus as
"N 89° 39' 48" E, 569.44 feet"; thence along the said westerly line, N 1° 15'
19" E, 975.00 feet to the POINT OF BEGINNING; thence continuing N 1° 15'
19" E, 75.00 feet; thence, leaving said westerly line, S 46
feet; thence S 1 ° 15' 19" W, 350.47 feet;
thence S 5° 50' 38" W, 270.62 feet
curve
to a tangent curve to the right concave a to the southeast;central angle of thence 20' 03 heap arc
with a radius of 332.00 feet through
length of 477.09 feet; thence S 88° 33' 23" W, 502.61 feet; thence N 89° 55'
22" W, 21.28 feet; thence N 43° 29' 26" W, 45.50 feet; thence N 89° 55'
26" W, 80.00 feet; thence S 46 30' 34 . W,
22" W, 32.93 feet; thence S 89° 58' 55" W, 449.85 feet; thence N 88° 29'ai
26" W, 542.67 feet; thence S 1 ° 30' 34" W, 51 .52°f et to0intersect th fee e d
northerly line, thence along said northerly line, S
thence leaving said northerly line, N 1 ° 30' 34" E, 26.42 feet; thence S 88° 29'
.26" E, 523.00 feet; thence N 89° 58'34" E, 450.16 feet; thence
he S 89 89°3 55'
22" E, 54.47 feet; thence S 1 30' 34 W, 24•
11" E, 58.20 feet; thence N 74° 29' 31" E, 91.35 feet; thence N 88° 33'
223" E, 503.02 feet to a tangent curve to the left, concave to the southeast;
thence along said curve with a radius of 352.00 feet 5 t 50' 38" E, 271 42 feet of
rough a central angle 82° 20' 03", an arc length of 505.83 feet; thence
thence N 1 ° 15' 19" E, 326.28 feet; thence S 88° 44' 41" E, 30.75 feet to the
POINT OF BEGINNING.
Excepting the exclusive easement described as "1 ." in the document January 31 , 1968 on Reel 2118 as Image 15 of the Alameda County Records.
Containing 67,938 square feet, more or less.
EXHIBIT "F-1"
LEGAL DESCRIPTION NO. 7
An exclusive easement for P.G. & E. power line purposes above and under a
parcel of land situated in the City of Dublin, Township of Pleasanton, County of
Alameda, State of California, being a portion of the 3636.1222 acre tract of land
acquired by the United States of America, by Decree of Final Condemnation,
made •by the District Court of the United States for the Northern District of
California, Southern Division, Case Number 22352-R, a certified copy of which
was recorded August 1 , 1947, in Book 5132 of Official Records, Page 1,
Alameda County Records, described as follows:
COMMENCING at the northerly terminus of the line described as "S 5° 50'
38" W, 270.62 feet" in the above described PARCEL A; thence S 5° 50'
38" W, 185.56 feet to the POINT OF BEGINNING; thence continuing on said
line, S 5° 50' 38" W, 2.00 feet; thence leaving said line, N 84° 09' 22" W,
15.00 feet; thence N 5° 50' 38" E, 2.00 feet; thence S 84° 09' 22" E, 15.00
feet to the POINT OF BEGINNING.
Containing 30 square feet, more or less.
Bearings and distances stated above are related to the California Coordinate
System, Zone III. To obtain ground level distances, multiply the stated grid
distance by 1 .0000973. • ,
•
EXHIBIT "'P-l',
LEGAL DESCRIPTION NO. 8
An exclusive easement for P.G.&E. power line purposes above and under a
parcel of land situated in the City of Dublin, Township of Pleasanton, County of
Alameda, State of California, being a portion of the 3636.1222 acre tract of land
acquired by the United States of America, by Decree of Final Condemnation,
made by the District Court of the United States for the Northern District of
California, Southern Division, Case Number 22352-R, a certified copy of which
was recorded August 1 , 1947, in Book 5132 of Official Records, Page 1 ,
Alameda County Records, described as follows:
COMMENCING on the northerly line of State Highway 4-ALA-580 as described
in PARCEL 1 of the acquisition deed recorded March 3, 1969 on Reel 2357 as
Image 287 of the Alameda County Records at the easterly terminus of the line
described as "S 88° 29' 36" E, 1020.41 feet"; thence along said northerly line,
N 88° 29' 26" W, 829.94 feet to the POINT OF BEGINNING; thence continuing
along said northerly line, N 88° 29' 26" W, 16.50 feet; thence leaving said
northerly line, N 15° 13' 06" E, 26.76 feet to intersect the southerly line of the
parcel of land described above as PARCEL A; thence along said southerly line,
S 88° 29' 26" E, 20.59 feet; thence leaving said southerly line, S 15° 13'
06" W, 26.67 feet; thence N 89° 38' 11" W, 4.11 feet to the POINT OF
BEGINNING.
Containing 535 square feet, more or less.
Bearings and distances stated above are related to the California Coordinate
System, Zone III. To obtain ground level distances, multiply the stated grid by
1 .0000973.
EXHIBIT "F-i"
LEGAL DESCRIPTION NO. 9
An exclusive easement for P.G.&E. gas line purposes above and under a parcel
of land situated in the City of Dublin, Township of Pleasanton, City of Dublin,
County of Alameda, State of California being a portion of the 3636.1222 acre
tract of land acquired by the United States of America, by Decree of Final
Condemnation, made by the District Court of the United States for the Northern
District of California, Southern Division, Case Number 22352-R, a certified copy
of which was recorded August 1, 1947, in Book.5132 of Official Records, Page
1, Alameda County Records, described as follows:
COMMENCING on the northerly line of State Highway 4-ALA-580 as described
in Parcel 1 of the acquisition deed recorded March 3, 1969 on Reel 2357 as
Image 287 of the Alameda County Records at the easterly terminus of the line
described as "S 88° 29' 26" E, 1020.41 feet"; thence along said northerly line,
N 88° 29' 26" W, 929.51 feet to the POINT OF BEGINNING.; thence
continuing along said northerly line, N 88° 29' 26" W, 20.00 feet; thence
leaving said northerly line N 1 ° 30' 34" E, 26.00 feet to intersect the southerly
line of the parcel described above as PARCEL A; thence along said southerly line,
S 88° 29' 26" E, 20.00 feet; thence leaving said southerly line, S 1 ° 30'
34" W, 26.00 feet to the POINT OF BEGINNING.
•
Containing 520 square feet, more or less.
Bearings and distances stated above are related to the California Coordinate
System, Zone III. To obtain ground level distances, multiply the stated grid
distance by 1 .0000973.
EXHIBIT "F-2"
LEGAL DESCRIPTION NO. 1
All that certain real property situated in the City of Dublin, Township of
Pleasanton, County of Alameda, State of California, being a portion of the
3636.1222 acre tract of land acquired by the United States of America, by
Decree of Final Condemnation, made by the District Court of the United States
for the Northern District of California, Southern Division, Case Number 22352-R,
a certified copy of which was recorded August 1 , 1947, in Book 5132 of Official
Records, Page 1 , Alameda County Records, described as follows:
COMMENCING at a point on the northerly line of State Highway 4-ALA-580 as
described in Parcel 1 of the acquisition deed recorded March 3, 1969 on Reel
2357 as image 287, Alameda County Records, being the westerly terminus of
the line described as "S 88° 49' 11" E, 3074.41 feet"; thence along said
northerly line S 88° 49' 11" E, 1374.93 feet to the POINT OF BEGINNING;
thence continuing along said northerly line, S 88° 49' 11 E, 1 590.31 feet;
thence leaving said northerly line, N 83° 57' 03" W, 774:68 feet; thence along
a tangent curve of radius 300.00 feet to the right, through a central angle of
46° 09' 51", an arc distance of 241.72 feet; thence N 37° 47' 11" W, 124.26
feet; thence along a tangent curve of radius 389.00 feet to the left, through a
central angle of 51 ° 02' 00", an arc distance of 346.48 feet; thence N 88°
49' 11" W, 6.00 feet; thence along a tangent curve of radius 15.00 feet to the
right, through a central angle of 90° 00' 00", an arc distance of 23.56 feet;
thence N 1 ° 10' 49" E, 62.00 feet; thence N 88° 49' 11" W, 189.90 feet;
thence S 3° 23' 56" W, 494.36 feet to the POINT OF BEGINNING.
Containing 284,421 square feet, more or less.
The foregoing description is based on the California Coordinate System, Zone ill -
NAD 1927. Multiply distances by 1 .0000973 to obtain ground level distances.
EXHIBIT "F-2"
LEGAL DESCRIPTION NO. 2
All that certain real property situated in the City of Dublin, Township of
Pleasanton, County of Alameda, State of California, being a portion of the
3636.1222 acre tract of land acquired by the United States of America, by
Decree of Final Condemnation, made by the District Court of the United States
for the Northern District of California, Southern Division, Case Number 22352-R,
a certified copy of which was recorded August 1 , 1947, in Book 5132 of Official
Records, Page 1 , Alameda County Records, described as follows:
BEGINNING at the intersection of the westerly line of Tassajara Road and the
northerly line of State Highway 4-ALA-580 as described ,in Parcel 1 of the
acquisition deed recorded March 3, 1969 on Reel 2357 as Image 287, Alameda
County Records, being the easterly terminus of the line described as "N 89° 39'
48" E, 569.44 feet"; thence along said northerly line, S 89° 39' 48" W, 65.03
feet; thence leaving said northerly line, N 5° 58' 41" E, 789.48 feet to intersect
said westerly line; thence along said westerly line, S 1 ° 15' 19" W, 785.00 feet
to the Point of Beginning.
Containing 25,513 square feet, more or less.
Bearings and distances stated above are related to the California Coordinate
System, Zone III - NAD 1927. To obtain ground level distances, multiply the
state grid distance by 1 .0000973.
EXHIBIT "F-2""
LEGAL DESCRIPTION NO. 10
A non-exclusive easement for utilities under, over, along and across that certain
real property situated in the City of Dublin, Township of Pleasanton, County of
Alameda, State of California, being a portion of the 3636.1222 acre tract of land
acquired,by the United States of America, by Decree of Final Condemnation,
made by the District Court of the United States for the Northern District of
California, Southern Division, Case Number 22352-R, a certified copy of which
was recorded August 1 , 1947, in Book 5132 of Official Records, Page 1,
Alameda County Records, described as follows:
COMMENCING at a point on the northerly line of State Highway 4-ALA-580 as '
described in Parcel 1 of the acquisition deed recorded March 3, 1969 on Reel
2357 as Image 287, Alameda County Records, being the westerly terminus of
the line described as "S 87° 54' 11" E, 500.06 feet"; thence along said
northerly line N 88° 49' 11 " W, 89.17 feet to the POINT OF BEGINNING; thence
continuing along said northerly line, N 88° 49' 1'1" W, 20.00 feet; thence
leaving said line, N 83° 57' 03" W, 774.68 feet; thence along a tangent curve
of radius 300.00 feet to the right, through a central angle of 46° 09' 51", an
arc distance of 241 .72 feet; thence N 37° 47' 11" W, 124.26 feet; thence
along a tangent curve of radius 389.00 feet to the left, through a central angle
of 51 ° 02' 00", an arc distance of 346.48 feet; thence N 88° 49'. 11" W,
210.51 feet; thence along a tangent curve to the left, having a radius of 25.00
feet, through a central angle of 82° 30' 00", an arc distance of 36.00 feet;
thence S 8° 40' 49" W, 42.79 feet; thence along a tangent curve to the right,
having a radius of 352.00 feet, through a central angle of 49° 53' 50", an arc
distance of 306.55 feet to a point of compound Eurvature;. thence along a
200.00 foot radius curve to the right, through a central angle of 24° 58' 14",
an arc distance of 87.16 feet to a point of compound curvature; thence along
a 2937.00 foot radius curve to the right, through a central angle of 03° 40' 41",
an arc distance of 188.53 feet; thence S 87° 40' 02" W, 448.54 feet; thence
S 86° 23' 01" W, 12.70 feet to the northeast line of a P.G.&E. Utility Easement
as described in Series Number 69-63369 of the Official Records of Alameda
County; thence along said northeast line, N 77° 30' 35" W, 72.09 feet; thence
leaving said northeast line, N 86° 23' 01" E, 82.19 feet; thence N 87° 40'
02" E, 448.69 feet to the beginning of a non-tangent curve having a radial
bearing of S 2° 46' 32" E; thence along said non-tangent curve having a radius
of 2917.00 feet, a central angle of 3° 40' 35" and an arc distance of 187.17
feet to a point of compound curvature; thence along a 180.00 foot radius curve
to the left, through.a central angle of 24° 58' 14" and an arc distance of 78.45
feet to a point of compound curvature; thence along a 332.00 foot radius curve
to the left, through a central angle of 49° 53' 50" and an arc distance of
•
•
289.13 feet; thence N 8° 40' 49" E, 69.65 feet; thence N 88° 49' 11 " W,
19.67 feet; thence N 1 ° 10' 49" E, 5.00 feet; thence S 88° 49' 11 " E, 20.33
feet; thence N 8° 40' 49" E, 7.56 feet; thence S 88° 49' 11" E, 8.24 feet;
thence N 12° 37' 51 " E, 20.51 feet; thence S 77° 22' 09" E, 5.00 feet; thence
S 12° 37' 51 " W, 19.49 feet; thence S 88° 49' 11" E, 236.63 feet; thence
along a tangent curve to the right having a radius of 409.00 feet, through a
central angle of 14° 40' 02", an arc distance of 104.70 feet; thence N 16° 11'
52" E, 5.01 feet; thence S 73° 48' 08" E, 5.00 feet; thence S 16° 11' 52". W,
5.01 feet to a non-tangent curve with a radial bearing of N 16° 32' 52" E;
thence along said non-tangent curve to the right having a radius of 409.00 feet,
a central angle of 18° 01' 03" and an arc distance of 128.62 feet; thence
N 34° 54' 56" E, 5.01 feet; thence S 55° 05' 04" E, 5.00 feet; thence S 34°
54' 56" W, 5.01 feet to a non-tangent curve with a radial bearing of N 35° 15'
57" E; thence along said non-tangent curve to the right having a radius of
409.00 feet, a central angle of 16° 56' 52" and an arc distance of 120.98 feet;
thence S 37° 47' 11 " E, 124.26 feet to a tangent curve to the left; thence
along said tangent curve having a radius of 280.00 feet, a central angle of 46°
09' 51" and an arc distance of 225.60 feet; thence S 83° 57' 03" E, 793.05
feet; thence S 1 ° 10' 49" W, 18.37 feet to the TRUE POINT OF BEGINNING.
Containing 1 .333 acres or 58,060 square feet, more or less.
The foregoing description is based on the California Coordinate System, Zone III -
NAD 1927. Multiply distances by 1.0000973 to obtain ground level distances.
•
EXHIBIT "G-1""
SANTA RITA PROPERTY
The SANTA RITA PROPERTY shall be all that property owned by the Alameda
County Surplus Property Authority and bounded:
1. On the east by the westerly right of way line of Tassajara Road,
and excluding the five-acre parcel owned by the U. S. Government
Department of Immigration_ and Naturalization.
2 . On the north by the southerly right of way line of Gleason Drive
(formerly Seventh Street) .
3 . On the west by the centerline of right of way of Arnold Avenue.
4 . On the south by the northerly right of way line of Interstate 580.
1
Cod. Area Nos.64-403 64-00S
26-005 16-001 16-004
SSES1SORIS MAP 9,-
' Map of the Property of the �,� ta5�� �
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'C . RIGHT OF WAY FOR INITIAL IMPROVEMENTS.
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.•
_ EXHIBIT I-1-3
:
- . I • I
i
■ . ACCESS ROADS
•
1
Hacienda Dr./580 Interchange
CliMH111.
/-. • ,
IZ
. �. `
I. HL3 LINE
i / .:.-------<\,
11L1 LINE /
,. C •
f _ ' `HL2 LINE"'_---' -- - __- - -
. -. - -_-_ . =__ _ _.__._ ROUTE 580
BEGIN SEWER. � / HRZ
ABANDONMENT 1 - /.- • END SEWER
ABANDONMENT . 'N ` c//YE t ,l, ,� ABANDONMENT
. I-II?3 LINE
III-IR1 LINE -- . 1 l
-. l. -N-
Ul j
\O
i
•
•
END SEWER
ABANDONMENT . EXHIBIT H-4
--0— — EXISTING SANITARY SEWER '
• TO BE ABANDONED SANITARY SEWER
TO BE ABANDONED
POTENTIAL SANITARY SEWER
RELOCATION Hacienda Dr./I-580 Interchange
CHM HILL
SF024721.A4 -
EXHIBIT flU
SURPLUS PROPERTY AUTHORITY PROPERTY RIGHTS
In order for PLEASANTON to construct the INITIAL IMPROVEMENTS on the
SANTA RITA PROPERTY, PLEASANTON must do the following:
1. Acquire the right of way and utility easements shown on
Exhibits H-1 and H-2 .
2 . Provide a reconnection of severed access as generally shown
on Exhibit H-3 .
3 . Reconnect sewer system demolished for the construction of the
INITIAL IMPROVEMENTS . Generally shown on Exhibit H-4 .
4 . Relocate existing utilities to the ultimate location.
5 . Relocate material located in Warehouse W7 prior to demolition.
The above five (5) items shall define the SURPLUS PROPERTY AUTHORITY
PROPERTY RIGHTS .
The value of these rights are summarized as follows:
HACIENDA DRIVE
1. a. Right of way for INITIAL IMPROVEMENTS $1, 262 , 000
b. Utility Easements for INITIAL IMPROVEMENTS 42 , 000
2 . Access Roadway Reconstruction 342 , 500
3 . Sewer Reconnection 262 , 500
4 . a. Gas Line Relocation 96, 250
b. U. S. Sprint Cable Relocation 50, 000
5 . Warehouse Material Relocation 40, 000
SANTA RITA/TASSAJARA ROAD
1. Right of Way for INITIAL IMPROVEMENTS 40, 000
Total value of SURPLUS PROPERTY AUTHORITY PROPERTY RIGHTS $ 2 , 135, 250
EXHIBIT "J"
PRIORITY OF ADDITIONAL IMPROVEMENTS
ADDITIONAL IMPROVEMENTS shall be designed and constructed in the
following prioritized order:
Priority Element
1 Construct HL2 on ramp.
2 Construct eastern half of Hacienda Drive overpass and
approaches.
3 Construct HR3 on ramp.
4 Relocate utilities for TR3 on ramp.
5 Construct TR3 on ramp.
6 Demolish the remainder of the Madigan Building.
7 Landscape HR3 on ramp quadrant
8 Landscape TR3 on ramp quadrant
EXPIEIT
UTILITY AGREEMENT NO. 788.2
CITY OF PLEAS TON
PLEASANTON, CALIFORNIA
AND
PACIFIC GAS AND ELECTRIC COMPANY
DAM: October 22. 1990
CITY OF PLEASANTON, hereinafter called CITY proposes to construct a
freeway Interchange in Pleasanton at Santa Rita Road at I-580 and PACIFIC
GAS AND ELECTRIC COMPANY hereinafter called OWNER, owns and
maintains natural gas facilities within the limits of CITY's project which require
relocation to accommodate CITY's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 788.2 dated October 15, 1990, OWNER
shall relocate its gas facilities. All work shall be performed substantially in
accordance with OWNER's Plans 489103 and 489170, copies of which are on file
in the City Engineer's office at 200 Old Bernal Road, Pleasanton, California
94566. Minor deviations from the above-described work may be made and
incidental work performed by the OWNER when mutually acceptable to both
parties and upon approval by the CITY.
II. LIABILITY FOR WORK
The existing facilities described in I above will be relocated at 50 percent CITY
expense and 50 percent OWNER's expense in accordance with Section 9 (A) of
Master Contract with the State dated'April 16, 1952.
Gas Line Work Regulation Sta Work Total
_(489103) y(489170'
City Liability, 50% 5117.500.00 S115,000.00 $232,500.00
PG&E Liability, 50% S117.500.00 S115.000.00 5232.500.00
Total Estimated Cost $235,000.00 $230,000.00 $465,000.00
III. TIME AND PERFORMANCE OF WORK
OWNER agrees to perform the herein-described work with its own forces and to
provide and furnish all necessary labor, materials, tools, and equipment required
therefor, and to prosecute said work diligently to completion by December 1, 1990
or as otherwise agreed with CITY's representative.
of 3
Utility Agreement No. 78 .2
•
IV. PAYMENT FOR WORK
The CITY shall pay its share of the actual cost of the herein described work
within 90 days after re:::ipt of OWNER's itemized bill in quintuplicate, signed by
a responsible official of OWNER's organization, compiled on the basis of the
actual cost and expense incurred and charged or allocated to said work in
accordance with the uniform system of accounts prescribed for OWNER by the
California Public Utilities Commission.
It is understood and agreed that the CITY will not pay for any betterment or
increase in capacity of OWNER's facilities in the new location and that OWNER
shall give credit to the CITY for all accrued depreciation of the replaced facilities
and for the salvage value of materials or parts salvaged and retained or sold by
OWNER.
At the election of the OWNER, progress bills for costs incurred may be submitted
not to exceed OWNER's recorded costs as of a specific date less estimated credits
appiicable.to completed work where the recorded costs are sufficient to warrant
such billing. The final billing shall be in the form of an itemized statement of the
total costs charged to the project, less the credits provided for in the agreement,
and less any amounts covered by progress billings.
Detailed records from which the billing is compiled shall be retained by the
OWNER for a period of four years from the date of final bill and will be available
for verification by CITY, State, and Federal auditors.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of CITY's request to prospect, review,
study, and/or prepare relocation plans and estimates for the project associated
with this Agreement may be billed purs:tant to the terms and conditions of this
Agreement.
If CITY's project which precipitated this Agreement is canceled or modified so as
to eliminate the necessity of work by OWNER, CITY shall notify OWNER in
writing and CITY reserves the right to terminate this Agreement by Amendment.
The Amendment shall provide mutually acceptable terms and conditions for
terminating the Agreement.
The CITY will provide an utility easement equivalent to that currently enjoyed by
the OWNER. The CITY has acquired a Right-of-Entry for the express use of
relocation of the OWNER's facility to expedite construction; the CITY will furnish
a permanent equil 'alent utility easement to tshe OWNER upon completion of the
interchange work.
OWNER shall submit a Notice of Completion to the CITY's Utility Engineer
within 30 days of completion of the work described herein.
2 of 3
- J Utility Agreement No. 788.2
THE ESTIMATED COST TO CITY FOR ITS SHARE.OF THE ABOVE
DESCRIBED WORK IS $232,500.00.
IN WITNESS WHEREOF, the above parties have executed this agreement the
day and year first above written. .
ATTEST: CITY OF PLEASANTON
By: ( ' ♦ 1 i}may: !Q) n\c4 .. � ti
tom.
Pe , '✓ dro v Deborah Acosta
ittptily City Clerk City Manager
APPROVED AS TO FORM: PACIFIC GAS AND ELECTRIC COMPANY
By: ��, a B Y• Y•
Michael H. Roush
City Attorney Title:
uan788-2.pge
3 of 3
• r.nninll : -L
, ♦ .- _ -
UTILITY AGREEMENT NO.
CITY OF PLEASANTON
PLEASANTON, CALIFORNIA
AND
PACIFIC GAS AND ELECTRIC COMPANY
DATE October 22, 1990
CITY OF PLEASANTON, hereinafter called CITY proposes to construct a
freeway Interchange in Pleasanton at Santa Rita Road at I-580 and PACIFIC
GAS AND ELECTRIC COMPANY hereinafter called OWNER, owns and
maintains electrical facilities within the limits of CITY's project which require
relocation to accommodate CITY's project.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. 788.2 dated October 15, 1990, OWNER
shall relocate its electrical facilities. All work shall be performed substantially in
accordance with OWNER's Plans Drawing No. 0143E82543, Sheets 2,.3, and 4 of
4 sheets, copies of which are on file in the City Engineer's office at 200 Old
Bernal Avenue, Pleasanton, California 94566. Minor deviations from the above-
described work may be made and incidental work performed by the OWNER
when mutually acceptable to both parties and upon approval by the CITY.
II. LIABILITY FOR WORK
The existing facilities described in I above will be relocated at 50 percent CITY
expense and 50 percent OWNER's expense in accordance with Section 9 (A) of
Master Contract with the State dated April 16, 1952.
City Liability, 50% $ 110,000.00
PG&E Liability, 50% $ 110.000.00
$ 220,000.00
Total Estimated Cost
III. TIME AND PERFORMANCE OF WORK
OWNER agrees to perform the herein-described work with its own forces and to
provide and furnish all necessary labor, materials, tools, and equipment required
therefor, and to prosecute said work diligently to completion by December 1, 1990
or as otherwise agreed with CITY's representative.
1 of 3
• • Utility Agreement No. 78`:.3
•
IV. PAYMENT FOR WORK
The CITY shall pay its share of the actual cost of the herein described work
within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by
a responsible official of OWNER's organization, compiled on the basis of the
actual cost and expense incurred and charged or allocated to said work in
accordance with the uniform system of accounts prescribed for OWNER by the
California Public Utilities Commission.
It is understood and agreed that the CITY will not pay for any betterment or
increase in capacity of OWNER's facilities in the new location and that OWNER
shall g. e credit to the CITY for all accrued depreciation of the replaced facilities
and for the salvage value of materials or parts salvaged and retained or sold by
OWNER.
At the election of the OWNER, progress bills for costs incurred may be submitted
not to exceed OWNER's recorded costs as of a specific date less estimated credits
applicable to completed work where the recorded costs are sufficient to warrant
such billing. The final billing shall be in the form of an itemized statement of the
total costs charged to the project, less the credits provided for in the agreement,
and less any amounts covered by progress billings.
Detailed records from which the billing is compiled shall be retained by the
OWNER for a period of four years from the date of final bill and will be available
for verification by CITY, State, and Federal auditors.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of CITY's request to prospect, review,
study, and/or prepare relocation plans and estimates for the project associated
with this Agreement_ may be billed pursuant to the terms and conditions of this
Agreement.
If CITY's project which precipitated this Agreement is canceled or modified so as
to eliminate the necessity of work by OWNER, CITY shall notify OWNER in
writing and CITY reserves the right to terminate this Agreement by Amendment.
The Amendment shall provide mutually acceptable terms and conditions for
terminating the Agreement.
The CITY will provide an utility easement equivalent to that currently enjoyed by
the OWNER. The CITY has acquired a Right-of-Entry for the express use of
relocation of the OWNER's facility to expedite construction; the CITY will furnish
a permanent equilvalent utility easement to the OWNER upon completion of the
interchange work.
OWNER shall submit a Notice of Completion to the CITY's Utility Engineer
within 30 days of completion of the work described herein.
2 of 3
Utility Agreement No. 788.3
THE ESTIMATED COST TO CITY FOR ITS SHARE OF THE ABOVE
DESCRIBED WORK IS $110,000.00.
IN WITNESS WHEREOF, the above parties have executed this agreement the
day and year first above written.
ATTEST: CITY OF PLEASANTON
Byer : 2./`J By:
�zidr6/ Deborah Acosta
aelasty City Clerk City Manager
APPROVED AS TO FORM: PACIFIC GAS AND ELECTRIC COMPANY
By: �.1, 0 / /J.ti ,
y� u-G` G7 By: o 46.1w
Michael H. Roush + /
City Attorney Title: I
cir/b:uan
3 of 3
s 3 y EXHIBIT "K-3"
UTILITY AGREEMENT NO. 7:.
CITY OF PLEASANTON
PLEASANTON, CALIFORNIA
AND
PACIFIC GAS AND ELECTRIC COMPANY
DATE September 4. 1990
CITY OF PLEASANTON, hereinafter called CITY proposes to construct a
freeway Interchange in Pleasanton at Hacienda Drive at I-580 and PACIFIC GAS
AND ELECTRIC COMPANY hereinafter called OWNER, owns and maintains
natural gas facilities within the CITY's project which require relocation to
accommodate CITY's project.
It is hereby mutually agreed that:
I.
•
WORK TO BE DONE
En accordance with Notice to Owner No. 789.3 dated.A_ugust 31, 1990, OWNER
shall relocate its gas facilities. All work shall be performed substantially in
accordance with OWNER's Plan CAD No. 902G1914, a copy of which is on file in
the City Engineer's office at 200 Old Bernal Road, Pleasanton, California 94566.
Minor deviations from the above-described work may be made and incidental
work performed by the OWNER when mutually acceptable to both parties and
upon approval by the CITY.
II. LIABILITY FOR WORK
Installation of the facilities described in I above will be at 50 percent CITY
expense and 50 percent OWNER's expense in accordance with Section 9 (A) of
Master Contract with the State dated April 16, 1952.
City Liability, 50% $27,915.00
PG&E Liability, 50% $27,915.00.
Total Estirnat:d Cost $55,8:E,0.00
HI. TIME AND PERFORMANCE OF WORK
OWNER agrees to perform the herein-described work with its own forces and to
provide and furnish all necessary labor, materials, tools, and equipment required
therefor, and to prosecute said work diligently to completion.
1 of 3
•
a • ( . Y Utility Am-PPment Nc:. 789.3
IV. PAYMENT FOR WORK
The CITY shall pay its share of the actual cost of the herein described work
within 90 days after receipt of OWNER's itemized bill in quintuplicate, signed by
a responsible official of OWNER's organization, compiled on the basis of the
actual cost and expense incurred and charged or allocated to said work in
accordance with the uniform system of accounts prescribed for OWNER by the
California Public Utilities Commission.
It is understood and agreed that the CITY will not pay for any betterment or
increase in capacity of OWNER's facilities in the new location and that OWNER
shall give credit to the CITY for all accrued depreciation of the replaced facilities
and for the salvage value of materials or parts salvaged and retained or sold by
•
OWNER.
At the election of the OWNER, progress bills for costs incurred may be submitted
not to exceed OWNER's recorded costs as of a specific date less estimated credits
applicable to completed work where the recorded costs are sufficient to warrant
such billing. The final billing shall be in the form of an itemized statement of the
total costs charged to the account, less the credits provided for in the agreement,
and less any amounts covered by progress billings.
Detailed records from which the billing is compiled shall be retained by the
OWNER for a period of four years from the date of final bill and will be available
for verification by CITY, State, and Federal auditors.
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of CITY's request to prospect, review,
study, design, and/or prepare plans, specifications and estimates for the project
associated with this Agreement may be billed pursuant to the terms and conditions
of this Agreement.
If CITY's project which precipitated this Agreement is canceled or modified so as
to eliminate the feasibility work by OWNER, CITY shall notify OWNER in
writing and CITY reserves the right to terminate this Agreement by Amendment.
The Amendment shall provide mutually acceptable terms and conditions for
terminating the Agreement.
OWNER shall submit a Notice of Completion to the CITY's Utility Engineer
within 30 days of completion of the work described herein.
2 of 3
utiiiry igreement INO. /ay.�
c •
q .. ,
a
THE ESTIMATED COST TO OWNER FOR ITS SHARE OF THE ABOVE
DESCRIBED WORt IS $27,915.00.
IN WITNESS WHEREOF, the above parties have executed this agreement the
day and year first above written.
ATTEST: CITY OF PLEASANTON
•
ei.aerr. i '> - By: ,.Y ) : _ \:J_v, ,._.
Pegg •—zidro" Deborah Acosta
iampaty City Clerk City Manager
APPROVED AS TO FORM: PACIFIC GAS AND ELECTRIC COMPANY
By: I�i, �,�f'C�" * By: r <
Michael H. Roush G
City Attorney Title:
uan789.3
3 of 3
. V ,
EXHIBIT "L"
INTEREST TO SURPLUS PROPERTY AUTHORITY
SURPLUS PROPERTY AUTHORITY shall accrue interest on a
principal sum of $2 , 135 , 250, beginning April 17, 1990, the date
on which PLEASANTON obtained a right of entry to the Hacienda
Interchange Right of Way. Interest shall accrue at the rate of
7.487769% per annum as provided herein. From the principal sum,
plus any accrued interest thereon, PLEASANTON shall make payments
for the COSTS OF CONSTRUCTION for ADDITIONAL IMPROVEMENTS. The
amount of this principal sum, plus any accrued interest thereon
shall be reduced by PLEASANTON' s payments for the COSTS OF
CONSTRUCTION for ADDITIONAL IMPROVEMENTS until such time that the
entire principal sum, plus accrued interest thereon, has been
paid out for the COSTS OF CONSTRUCTION for ADDITIONAL
IMPROVEMENTS.
An example of these calculations is' as follows:
Principal $2 , 135 , 250
Month 1 interest: 13 , 324
Month 1 COST OF CONSTRUCTION
for ADDITIONAL IMPROVEMENTS ( 256 , 000)
$1, 892 , 574
Month 2 interest 11, 809
Month 2 COST OF CONSTRUCTION
for ADDITIONAL IMPROVEMENTS 315 , 000
$1, 589, 383
In the event that the ADDITIONAL IMPROVEMENTS are completed and a
portion of the principal sum, plus accrued interest thereon,
remains unspent, PLEASANTON shall pay SURPLUS PROPERTY AUTHORITY
these funds as provided in subparagraph 4 (g) .
Item 8.7 Exhibit Missing
BART Settlement Agreement