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HomeMy WebLinkAboutReso 086-89 R&N IrrigationCostsRESOLUTION NO. 86 -89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING. AN AGREEMENT WITH RAFANELLI AND NAHAS FOR SHARING OF LANDSCAPE IRRIGATION WATER USAGE COSTS TRACT 5511 WHEREAS, landscaping maintained by Rafanelli and Nahas within Tract 5511 and landscaping maintained by the City as part of Landscaping and Lighting Maintenance Assessment District 86-1 share common meters for irrigation water usage; and WHEREAS, the City and Rafanelli and Nahas desire to equitably divide the cost of the water usage measured by said meters; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement attached hereto as "Exhibit A," which provides for distribution of water costs between the City of Dublin and Rafanelli and Nahas. PASSED, APPROVED, AND ADOPTED this 10th day of July, 1989. AYES: Cm. Hegarty, Jeffery, Snyder, Vonheeder, and Mayor Moffatt NOES: None ABSENT: None ATTEST: AGREEMENT BETWEEN CITY OF DUBLIN -AND RAFANELLI & NAHAS REGARDING WATER CHARGES (VILLAGES AT WILLOW GREEK - TRACT 5511) WHEREAS, Rafanelli & Nahas, a California General Partnership ("Developer"), is the developer of Tract 5511, commonly called "Villages at Willow Creek," and WHEREAS, the City of Dublin ("City") formed a maintenance assessment district entitled "Landscaping and Lighting Maintenance Assessment District 1986-1" for maintenance of landscaping within the area shown on Exhibit A hereto; and WHEREAS, the Lighting and Landscaping Maintenance Assessment District 1986-1 does not include maintenance of the landscaping within the Alamo Creek Channel right-of-way controlled by Zone 7 as shown on Exhibit A hereto; NOW, THEREFORE, the City and Developer agree as follows: 1) The City will pay all water bills received from the Dublin San Ramon Services District (DSRSD) for the areas shown on Exhibit A. 2) Developer shall, on a monthly basis and within ten (10) days of presentation to Developer of a statement from City and a copy of the DSRSD bill to City, pay City the cost of water usage for the Alamo Creek right-of- way irrigation as evidenced by readings taken from the "deduct" meters installed. The City's maintenance staff shall read the "deduct" meters. City reserves the right to interrupt water service to the Alamo Creek right- of-way landscaping if Developer fails to remit the amount billed within the specified ten-day period. 3) In the event that separate billing meters are installed at a future date for the area shown on Exhibit A as Zone 7 right-of-way, Developer agrees to pay for such water directly to DSRSD. Dated: ~/~/~/~ CITY OF DUBLIN A TEST: RAFANELLI & NAHAS eneral artnet G P Approved as to form: City Attorney / /