HomeMy WebLinkAboutItem 4.03 I580TassajSantaRitaCTTY CLERK FILE # 600-40
File #
AGENDA STATEMENT
CZTY COUNCZL MEETZNG DATE: July 17, 2001
SUBJECT:
Approval of License Agreement with City of Pleasanton for the
Right to Construct Improvements on Pleasanton-Owned Lands at the
I-580/Tassajara Road/Santa Rita Road Interchange
Report Prepared by: Lee $. Thompson, Public Works Director
ATTACHMENTS:
1) Resolution Approving License Agreement
2) License Agreement
RECOMMENDATION:
Adopt resolution approving License Agreement with Pleasanton for
the right to construct improvements on Pleasanton properties at the
1-580/Tassajara Road/Santa Rita Road Interchange, and authorize
the City Manager to execute the Agreement
FINANCIAL STATEMENT:
With the execution of this License Agreement, Dublin is required to
pay Pleasanton the sum of one dollar as a license fee.
DESCRIPTION: The City of Dublin is awaiting Caltrans' final approval of the
contract plans and specifications for the 1-580/Tassajara Interchange improvement project. A portion of
the work to be performed is situated on lands belonging to the City of Pleasanton located on the north and
south sides of the interchange. The 1-580/Tassajara Road right-of-way was to have been granted to
Caltrans as part of the interchange work previously constructed by Pleasanton; however, Caltrans has not
accepted the right-of-way as yet and the property still belongs to Pleasanton. Included in this right-of-way
dedication is conveyance of a portion of Tassajara Road north of 1-580.
By approving the license agreement with Pleasanton, the agreement will grant Dublin the right to
construct improvements at the 1-580/Tassajara Road interchange and on portions of Santa Rita Road and
Pimlico Drive owned by Pleasanton. Caltrans requires Dublin to acquire the necessary construction
permit from Pleasanton prior to approval of project.
Staff recommends that the City Council adopt the resolution approving the License Agreement with
Pleasanton for the right to construct improvements on Pleasanton-owned lands at the 1-580/Tassajara
Road interchange, and authorize the City Manager to execute the License Agreement.
COPIES TO: Director of Public Works / City of Pleasanton
g:Lmiscproj\I-580-TassajaraXAgst License Agreement with Pleasanton
ITEM NO.
RESOLUTION NO. - 01
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING LICENSE AGREEMENT WITH
THE CITY OF PLEASANTON FOR THE RIGHT TO CONSTRUCT IMPROVEMENTS ON
PLEASANTON-OWNED LANDS AT THE 1-580/TASSAJARA ROAD INTERCHANGE
WHEREAS, the City of Dublin intends to improve the 1-580/Tassajara Road Interchange; and
WHEREAS, a portion of the proposed improvements are located on properties owned by the City
of Pleasanton; and
WHEREAS, the City of Dublin requires a permit from Pleasanton to construct said work;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve said License Agreement as to content and form.
BE IT FURTHER RESOLVED that the City Manager is aUthorized and directed to execute the
License Agreement.
PASSED, APPROVED AND ADOPTED this 17th day of July, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:\miscproj\I-580-Tassajara\reso license agreement
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made and entered into on
between the City ofPleasanton (Pleasanton) and the City of Dublin (Dublin).
;2001
RECITALS
WHEREAS, Pleasanton, through the North Pleasanton Improvement District, constructed
a new freeway interchange at Hacienda Drive, and improved the existing interchange at Santa
Rita Road; and
WHEREAS, as part of this effort, the Alameda County Surplus Authority provided on the
north side of Interstate 580 to Pleasanton land for these improvements in exchange for
construction of certain interchange improvements serving Dublin; and
WHEREAS, land was also purchased by Pleasanton (through the North Pieasanton
Improvement District) from property owners in the Hacienda Business Park for improvements on
the south side of Interstate 580; and
WHEREAS, these interchange improvements have since been constructed, and
Pleasanton has been working with Caltrans to transfer this property pursuant to State agreements;
and
WHEREAS, due to processing delays, transfer of this right of way to Caltrans and Dublin
has not yet been completed; and
WHEREAS, Dublin has requested permission from Pleasanton to construct certain
interchange improvements on this right of way; and
WHEREAS, the interchange improvements will accommodate the buildout of the current
Pleasanton and Dublin General Plans.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the parties agree as follows:
1. LICENSE GRANTED. Pleasanton grants to Dublin the right to construct and
thereaRer, during the term hereof, to maintain the interchange and roadway improvements
constructed on the Pleasanton right of way property; a map showing the general location of the
right of way is attached.
LICENSE FEE. Dublin shall pay Pleasanton the sum of one dollar as a license
3. EFFECTIVE DATE This agreement shall take effect as of the date first herein
written and shall continue in full force and effect until terminated as herein provided.
4. DUBLIN TO BEAR EXPENSES. Dublin shall bear the entire cost and expense
incurred in connection with the construction, maintenance, and repair of the improvements, and
any and all modification, revision, removal or reconstruction of the improvements, including any
and all expenses related to inspection, traffic control or otherwise.
5. INDEMNITY. As used in this Section, "Loss" includes loss, damage, claims,
demands, actions, causes of action, penalties, costs, and expenses of any nature, including court
costs and attorneys' fees, which may result fi.om: (1) injury to or death ofpersons; and (b)
dam~e to or loss or destruction of any. property. Dublin shall indemnify, defend and hold
harmless Pleasanton from any Loss which is due to or arises from the prosecution of any work
contemplated by this Agreement including the installation, construction, maintenance, repair,
renewal, modification, reconstruction, relocation, or removal of the improvements or any part
thereof.
6. TERMINATION., This agreement shall terminate when Pleasanton transfers to
Caltrans the right of way in fee, which transfer is expected by the end &the year 2001.
CITY OF DUBLIN
By:
Richard Ambrose
City Manager
APPROVED AS TO FORM:
ATTEST:
By:
Elizabeth Silver
City Attorney
City Clerk
CITY OF P rLE~S~ON
By:
c eborah Acosta
ity Manager
APPROVED AS TO FORM:
By: r v ~.,/,~,~..X gv r ~'
Michael H. Roush
City Attorney
ATTEST:
Peggy~xfl~ff~fr~
City Clerk
(cScvmycl°CS~agreements~license agrrnt - city of dublin)
I I I
ITY LIMIT
CITY OF
R/W
LEGEND
PLE&8ANTON R/W
EXISTING ROADWAY
SCALE 1=2000
r~ F4 Al~ 580 27.2/29.2
TY OF DUBLIN
I100 CIVIC PLAZA ~
OUBLIN, CA 94568 ~
ICC$ PLANNING & ENGINEERING,
INC.
' 16'CROW CANYON COURT
SAN RAMON, CALIFORNIA 94583
1-580/TASSAJARA ROAD lC
PROJECT STUDY REPORT/ PROJECT REPORT
EXISTING CONDITIONS