HomeMy WebLinkAboutItem 4.02 MAD 83-2 DSRSD Agree (2) CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: June 14, 1993
SUBJECT: Agreement with DSRSD for Reimbursement for Landscaping -
Dougherty Reservoir Access Road at Topaz Circle
Report by: Public Works Director Lee Thompson
EXHIBITS ATTACHED: 1) /Resolution
2) -'Agreement
3) l Copy of DSRSD Resolution Approving Agreement
4) /Location Map
RECOMMENDATION: QA/V
Adopt resolution approving agreement and authorize Mayor to
execute.
FINANCIAL STATEMENT: The agreement would require DSRSD to reimburse the City for
the cost of landscaping and water service in the Topaz Circle area
along the reservoir access road, not to exceed $7,000.
DESCRIPTION: The City Council approved a $17,000 allocation as part of the
1992-93 budget to provide landscaping and irrigation improvements at the north end of Topaz Circle.
The improvements were requested by residents who are providing labor to install the improvements.
The total cost of the improvements is in excess of$17,000, and the residents have solicited a cost
sharing from DSRSD and Alameda County Flood Control District, Zone 7.
This agreement is similar to the agreement with Zone 7 which was approved by the City Council on
May 24th. DSRSD leases reservoir capacity within the reservoir site above Topaz Circle and has
agreed to share the responsibility for the cost of landscaping the access road to the reservoir. DSRSD
and Zone 7 benefit from this arrangement in that the access road landscaping is being installed as part
of a larger project and within the scope of the residents' volunteer project.
DSRSD's Board of Directors approved the agreement at their June 1st meeting. Staff recommends
that the City Council adopt the resolution approving the agreement and authorize the Mayor to execute
it.
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ITEM NO. COPIES TO: Bob Anderson, DSRSD CITY C L E R K
41-1/11" r
RESOLUTION NO. _ -93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH DUBLIN SAN RAMON SERVICES DISTRICT
FOR REIMBURSEMENT FOR LANDSCAPING AND WATER SERVICE
DOUGHERTY RESERVOIR ACCESS ROAD AT TOPAZ CIRCLE
WHEREAS, the City of Dublin has a project to install landscaping and irrigation and
make related improvements on a portion of City property at the north end of Topaz Circle; and
WHEREAS, Alameda County Flood Control District, Zone 7, has an access easement
from the City which provides access to Dougherty Reservoir; and
WHEREAS, the Dublin San Ramon Services District leases reservoir capacity from
Zone 7 and wishes to share the cost of landscaping the access road; and
WHEREAS, it is mutually beneficial to the City and DSRSD to include landscaping
of the access road easement as part of the City's project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the agreement with DSRSD for reimbursement for landscaping and
related improvements.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
agreement.
PASSED, APPROVED, AND ADOPTED this 14th day of June, 1993.
AYES:
NOES:
ABSENT:
•
Mayor
ATTEST:
City Clerk
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FXS:dmp _05/,27/93 (001/58)
REIMBURSEMENT AGREEMENT
FOR
LANDSCAPING IN CONJUNCTION WITH THE DOUGHERTY
RESERVOIR ACCESS ROAD AT TOPAZ CIRCLE
THIS AGREEMENT made and entered into this of
, 1993 , by and between the CITY OF DUBLIN, a municipal
corporation of the State of California ("City") and DUBLIN SAN
RAMON SERVICES DISTRICT, a public agency in the counties of
Alameda and Contra Costa, California ("District") ;
W I T N E S S E T H:
WHEREAS, City has undertaken a project (the "Project") to
install landscaping, irrigation, and related improvements on a
portion of City property located at the north end of Topaz
Circle, as depicted on the map attached hereto, marked Exhibit
"A;' and incorporated herein by this reference; and
WHEREAS, District leases reservoir capacity within the
reservoir site above Topaz Circle and has certain
responsibilities for landscaping the reservoir site; and
WHEREAS, District has rights to the access road (as depicted
on the attached map) to the site and is partially responsible for
the maintenance of the entrance to the access road from Topaz
Circle; and 1
WHEREAS, it is mutually beneficial to District and City to
landscape along the access road easement as part of the Project
to soften the view of the road running through the Dougherty
hills open-space park;
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FXS:dmo_,05/'27/93 (001/58)
NOW, THEREFORE, the parties hereto agree as follows:
1. PLANS AND SPECIFICATIONS . City shall prepare plans and
specifications for the Project and shall submit said plans and
specifications to District for review and approval prior to
commencing work on the Project.
2 . CITY' S DUTIES . City shall install the landscaping,
irrigation and related improvements and inspect and maintain said
landscaping, irrigation and related improvements at its sole
cost, except as specified in paragraph 3 , below.
3 . DISTRICT' S DUTIES. District shall reimburse City for
the final cost for the landscaping along the access road plus the
cost of water service, said cost not to exceed the sum of Seven
Thousand Dollars ($7 ,000 . 00) . Costs shall include materials,
contract work, and the fair market value of labor for
installation of the improvements.
4 . PAYMENT BY DISTRICT. District shall reimburse City for
the cost specified in paragraph 3 , above within thirty (30) days
from receipt of invoice from the City based upon proof of payment
by City for materials and labors expended for work in connection
with the project.
5 . SUCCESSORS. This Agreement, and the respective duties
and obligations of the parties hereunder, shall be binding upon,
and the provisions hereof shall inure to the benefit of, the
successors, assigns or transferees of the parties .
6 . NOTICES . Notices or other written communications
necessary or convenient to the performance of the parties
hereunder, shall be given, in the case of District to:
2
FXS :dmp 05/27/93 (001/58)
General Manager
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568
and in the case of City to:
City of Dublin
City Manager
100 Civic Plaza
Thih gin, rA 949FR
7 . ATTORNEYS ' FEES . In the event either party hereto
brings an action against the other party to enforce any provision
or provisions of this agreement, or for damages, or to seek a
declaration of rights hereunder, the prevailing party shall be
entitled to reasonable attorneys ' fees and costs of suit.
8 . CAPTIONS . Paragraph and subparagraph headings as used
herein are for convenience only, and shall not be deemed to alter
or amend the provisions of the paragraph which they head.
9 . ORIGINAL COUNTERPARTS . This agreement may be executed
in duplicate original counterparts, each of which shall, upon
execution, be deemed an original agreement.
IN WITNESS WHEREOF, the parties have caused this agreement
to be executed effective as of the date and year first
hereinabove written.
DUBLIN SAN RAMON SERVICES DISTRICT
By
President, Board of Directors
ATTEST
Secretary
CITY OF DUBLIN, a municipal
corporation of the State of
California
A'1TEST: By
City Clerk , . 3 Mayor
FXS:dmp 05/27/93 (003/33)
e r
15-93
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE DUBLIN SAN RAMON
SERVICES DISTRICT APPROVING AND AUTHORIZING EXECUTION OF
AGREEMENT WITH THE CITY OF DUBLIN FOR LANDSCAPING IN CONJUNCTION
WITH THE DOUGHERTY RESERVOIR ACCESS ROAD AT TOPAZ CIRCLE
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DUBLIN SAN
RAMON SERVICES DISTRICT AS FOLLOWS:
1. That the agreement between the District and the City of
Dublin for landscaping in conjunction with the Dougherty
Reservoir access road at Topaz Circle in Alameda County, copy of
which is attached hereto, marked Exhibit "A" and made a part
hereof, be and hereby is approved and accepted.
2 . That the President and Secretary of this Board be and
hereby are authorized and directed to execute said agreement on
behalf of this District.
ADOPTED by the Board of. Directors, of the Dublin San Ramon
Services District, a public agency in the State of California,
Counties of Alameda and Contra Costa, at its regular meeting held
on 1st day of June , 1993 , and passed by the following
vote:
AYES: 5 - Directors James B. Kohnen, Georgean M. Vonheeder,
G.T. (Tom) McCormick, Jeffrey G. Hansen, Joseph Covello
NOES: 0
ABSENT: 0
.t ea)
Joseph •vello, President
ATTEST:
COW= A TRUE AND OORRECT COPT OF
THE ORIGINAL ON FILE IN THE OFFICE OF
Na cy G le, Secretary � �. .< , 7:f7, ."
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