HomeMy WebLinkAboutItem 4.04 I580Tassaj ACSPA CI'TY CLERK #600-40
AGENDA STATEMENT
CI'TY COUNCTL MEETZNG DATE: July 1.6,, 2002
SUBJECT: Agreement with Alameda County Surplus Property Authority for
Local Fund Exchange for the I-580/Tassajara Road Interchange
Improvements Project
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS: 1) Resolution approving Agreement with Alameda County
Surplus Property Authority for the exchange of TEA-21
monies for 90% of equal Eastern Dublin Traffic Impact Fees
2) Agreement
RECOMMENDATION~ ~ ~ Adopt Resolution approving agreement with the Alameda County
Surplus Property Authority for Local Fund Exchange for the
1-580/Tassajara Road Interchange Improvements Project
FINANCIAL STATEMENT: This Agreement will make available up to $3.0 million of Federal
TEA-21 program funds for the 1-580/Tassajara Interchange
Improvements Project which are currently allocated for the East
Dublin BART Station Parking Garage Project. In return, Dublin
agrees to pay the Alameda County Surplus Property Authority an
amount equal to ninety percent (90%) of the federally approved
amount, up to $2.7 million in local funds. Savings of up to
$300,000 would be earmarked for the 1-580/Tassajara Road
Interchange Improvements Project.
DESCRIPTION: In February 20, 2001, the City Council approved the Local Funds
Exchange Agreement with the Alameda County Congestion Management Agency (CMA) for the
1-580/Tassajara Road Interchange Improvements project. The CMA had approved $4.7 million in STIP
funds for the 1-580/Tassajara Interchange Improvements project and, in exchange, the City- will pay the
CMA $4.23 million of local funds, realizing a savings of $470,000. These monies were earmarked for
the interchange project, thereby reducing developers' contributions. This would help to fund the present
shortfall in the Eastern Dublin Traffic Impact Fee Program°
The Alameda County Surplus Property Authority (Alameda County) has subsequently requested an
exchange with the City of $3.0 million of Federal TEA-21 funds allocated for the East Dublin BART
Parking Garage project with local funds programmed for the 1-580/Tassajara Road Interchange project.
As part of this local fund exchange, the City will pay Alameda County an amount equal to 90% of the
COPIES TO: pat Cashman, Alameda County SPA
ITEM NO. 4_~
g: Imiscproj\580-Tassajara RoadM CSPA Local Fund Exchange Agrmt
federally approved amount, up to $2.7 million in local funds. These local funds, which are not subject to
federal requirements, will be used by Alameda County for the East Dublin BART Station Parking Garage
project° In the case of the 1-580/Tassajara Road Interchange project, all federal requirements have been
met, thus no additional work will be required as a result of this exchange. The local fund exchange had
been approved by the CMA and the Metropolitan Transportation Commission, and approval by the
Federal Highway Administration is pending.
Staff recommends that the City Council adoPt the resolution approving the agreement with the Alameda
County Surplus Property Authority for local fund exchange for the Interstate 580/Tassajara Road
Interchange Improvements Project.
Page 2 ~ ~'-
RESOLUTION NO. -02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AGREEMENT WITH ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY
FOR LOCAL FUND EXCHANGE FOR THE
1-580/TASSAJARA ROAD INTERCHANGE IMPROVEMENT PROJECT
WHEREAS, the City of Dublin is currently constructing the 1-580/TasSajara Road Interchange
Improvement project; and
WHEREAS, in August 2000, the Council of the City of Dublin authorized Staff to pursue an
exchange of funds for the interchange project and authorized the Director of Public Works to negotiate
such exchange; and
WHEREAS, the Alameda County Surplus Property Authority (Alameda County) requested an
exchange with the City of Dublin of $3.0 million of federal TEA-21 funds allocated for the East Dublin
BART Parking Garage project with local funds programmed for the interchange project; and
WHEREAS, the City will pay Alameda County an amount equal to ninety percent (90%) of the
federally approved amount as federal funds are received by Dublin, up to $2.7 million in local funds; and
WHEREAS, these local funds, which are not subject to federal requirements, will be used by the
Authority for the East Dublin BART Station Parking Garage project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the agreement with the Alameda County Surplus Property Authority for local fund
exchange for the 1-580/Tassajara Road Interchange Improvement Project.
PASSED, APPROVED AND ADOPTED this 16th day of July, 2002.
AYES:
NOES:
ABSENT:
AB STAINING:
Mayor
ATTEST:
City Clerk
FUNDS EXCHANGE AGREEMENT
This Funds Exchange Agreement is made as of ,2002,
by and between the Alameda County surPlus Property Authority, a public body (the
"Authority"), and the City of Dublin (the "City"), a municipal corporation.
Recitals
A. The Alameda County Congestion Management Agency ("CMA") has committed
to the Authority $3,000,000 for a parking garage (the "Garage") to be constructed at the
BART Dublin station (the "CMAQ/STP Funds").
B. The City has received, or is entitled to receive, funds from developers and/or
landowners for construction of a Tassaj ara Road interchange with 1-580 (the
"Interchange"), of which up to $2.7 million (the "Dublin Funds") will be available for
exchange under this Agreement.
Co To increase the amount of funds available for the Interchange and make those
fundS available expeditiously, and to have funds ultimately available for the Garage
which will not be subjected to requirements applicable to the CMAQ/STP Funds, the ·
Authority and the City propose, by this Agreement, to exchange the CMAQ/STP Funds
and the Dublin Funds, so that the CMAQ/STP Funds will be available for the Interchange
and the Dublin Funds will be available for the Garage.
D. The CMA, on September 27, 2001, has consented to and approved this exchange.
Covenants
In light of the recitals above, and each hereby acknowledging receipt of
consideration from the other, the Authority and the City agree as follows:
1. CMAQ/STP Funds. ..
Subjectto section 4(b) below, the Authority hereby relinquishes and the City hereby
accepts the Authority's rights to the CMAQ/STP funds, for the purpose of using the
CMAQ/STP Funds to defray costs of the Interchange. The Authority shall cooperate
with the City to the extent necessary for the City to receive the CMAQ/STP Funds,
provided that the Authority shall not be liable to the City for any CMAQ/STP Funds
which the City is not able to obtain or for any action by CMA, the Metropolitan
Transportation Commission, Caltrans or any other third party.
2. Dublin Funds
Subject to Section 4(b) below, the City will pay to the Authority the Dublin Funds, at the
times and in the amounts specified in Section 4(a) below, for the purpose of using the
Dublin Funds to defray costs of the Garage, on the condition that sufficient funds are
53§\05\147963.$
available to comPlete construction of the Garage~ If sufficient funds are not available, the
City will pay to the Authority the Dublin Funds, at the times and in the amounts specified
in Section 4(a), and the Authority may use the funds for any purpose, subject to
applicable legal limitations and requirements of the CMA and the Metropolitan
Transportation Commission, if any.
3o Authority's Responsibility for Interchange
The Authority had accepted responsibility, prior to and without reference to this
Agreement, for 38°94% of the estimated local cost of the Interchange~ representing a
financial commitment of approximately $4,156,577o Use of the CMAQ/STP Funds will
reduce the total local cost by up to $300,0009 and will therefore reduce by the same
proportion the Authority's responsibility for the local cost of the Interchange, and the TIF
credit to be received by the Authority, a reduction of up to $116,820.
4o Payment of Dublin Funds
(a) The City shall pay the Dublin Funds to the Authority equal to ninety percent of the
reimbursed amount received from Caltrans° The City shall not be required to pay the
Authority any additional payments other than what is approved and reimbursed by
Caltrans. The payments shall be made in installments and the first installment shall be
paid not more than thirty (30) days after the City receives the first reimbursement
payment for the exchanged CMAQ/STP funds from Caltrans. Subsequent installments
shall be paid not more than thirty (30) days after the City receives each subsequent
reimbursement payment from Caltrans with respect to the Interchange, until the Dublin
Funds have been paid in fullo
(b) If the City has not received all required third-party approvals for the funds exchange
in the amount and as contemplated by this Agreement, including without limitation,
approval from the Metropolitan Transportation Commission, if required, by July 31,
2002, then the City may, in its sole judgment, elect by notice to the Authority to rescind
this Agreement and not proceed with exchange of the CMAQ/STP Funds and the Dublin
Funds.
5. ' Indemnification of City
Neither the City nor any officer, board member or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be done by
the Authority in connection with this Agreement. It is also agreed that the Authority
shall fully indemnifY and hold the City and its officers, board members and employees
harmless from any liability imposed for injury or loss occurring by reason of anything
done or omitted to be done by the Authority in connection with this Agreement and/or
any claim related to or arising out of use of the Dublin Funds for construction of the
Garage.
535\06\147963.3
6. Indemnification of Authority
Neither the Authority nor any officer, board member or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or omitted
to be done by the City in connection with this Agreement. It is also agreed that the City
shall fully indemnify and hold the Authority and its officers, board members and
employees harmless form any liability imposed for injury or loss occurring by reason of
anything done or omitted to be done by the City in connection with this Agreement
and/or any claim related to or arising out of use of the CMAQ/STP Funds for
construction of the Interchange.
7. Attorneys' Fees
Should a lawsuit, action or proceeding be instituted regarding the enforcement and
interpretation of any of the terms of this Agreement or any matter arising out of or related
to this Agreement, the prevailing party shall be entitled to, in addition to any damages
awarded, its reasonable attorneys' fees and all costs of the lawsuit, action or proceeding.
8. Assignment
This Agreement may not be assigned, transferred, hypothecated or pledged by any party
without the express written consent of the other party. This Agreement shall be binding
upon any successors or assigns of the parties hereto.
9. Modification of Agreement
This Agreement may be amended only by written agreement executed by both of the
parties hereto. No alteration or variation of the terms of this Agreement shall be valid
unless made in writing signed by both parties and no oral understanding or agreement not
incorporated herein shall be binding on either of the parties hereto.
10. Governing Law
This Agreement shall be interpreted under and governed by the laws of the State of
California.
11. Entire Agreement
This Agreement constitutes the entire Agreement between the parties hereto relating to
the project and supersedes any previous agreement or understanding.
12. Counterparts
This Agreement may be executed in counterparts. When each party has signed one or
more counterparts, the counterp'arts together shall constitute one and the same complete
agreement.
535\06\147963.3
13. Notices
All notices given in connection with this Agreement shall be in writing, and shall be
deemed properly given to the parties, effective on the date of delivery shown on the
delivery reeeipL when: (i) mailed by certified mail, postage prepaid, return receipt
requested; (ii) sent by express delivery service, charges prepaid, with a delivery receipt
required; or (iii) personally delivered if a delivery receipt is obtained, to the following
addresses:
Authority: Alameda Property Surplus Property Authority
224 W. Winton Ave, Room 110
Hayward, CA 94544
Attn.: Manager
City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: Director of Public Works
ALAMEDA COUNTY SURPLUS CITY OF DUBLIN
PROPERTY AUTHORITY
By: Adolp~ql~rt'inefli ...... ~13y:
Manager Mayor
Attest:
City Clerk
Approved as to Form:
City Attorney