The URL can be used to link to this page

Home My WebLink About4.15 KollDub CaltranROWCl'TY CL.ERK File#600-30 AGENDA STATEMENT CI'TY COUNCI'L MEETZNG DATE: November 6f 2001 SUBJECT: Approval of Agreements with Koll Dublin Corporate Center for Construction and Maintenance of Landscape Improvements Within Caltrans' Right-of-Way Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) 3) 4) Resolution Approving Agreement with Koll Dublin Corporate Center for Payment to City of Dublin for Construction of Landscape Improvements Within Caltrans~ Right-of-Way Agreement with Koll Dublin Corporate Center for Payment to the City of Dublin for Construction of Landscape Improvements within Caltrans~ Right-of-Way Resolution Approving Maintenance Agreement with Koll Dublin Corporate Center for Maintenance of Landscape Improvements Within Caltrans' Right-of-Way Maintenance Agreement with Koll Dublin Corporate Center for Maintenance of Landscape Improvements within Caltrans' Right-of-Way RECOMMENDATION: 1) 2) Adopt Resolution Approving Agreement with Koll Dublin Corporate Center for Payment to the City of Dublin for Construction of Landscape Improvements Within Caltrans Right-of-Way Adopt Resolution Approving Maintenance Agreement with Koll Dublin Corporate Center for Maintenance of Landscape Improvements Within Caltrans Right-of-Way FINANCIAL STATEMENT: Koll Dublin Corporate Center will pay the City for the costs of design and installation of landscape improvements within Caltrans right-of-way fronting the Koll project. Koll will also be responsible for maintenance of the landscape improvements within Caltrans' right-of-way, once installed. DESCRIPTION: As required by the Development Agreement for Tract 7147, Koll Dublin Corporate Center (Koll) is responsible for the design, installation and maintenance of landscape improvements within Caltrans' Interstate 580 right-of-way adjacent to the Park & Ride lot and the I<2oll COPIES TO: Jeff Logan, Koll Development ITEM NO. ~ G:\develop\Koll\ldscpg\agst maintenance agmts 7147 property. This work cannot be done at this time due to a conflict with the City's proposed 1-580 / Tassajara Road Interchange improvements project, which is currently under design. For this reason, Koll has requested to enter into an Agreement with the City of Dublin for Koll to pay the cost of the design and construction of these landscape improvements. In accordance with the terms of the agreement, Koll would pay $52,814 to the City of Dublin, and the City would utilize these funds to complete the design and installation of the landscape impro',/ements within Caltrans' right-of-way in conjunction with the Tassajara Road Interchange improvements. An agreement entitled, "Agreement for Maintenance of Landscaping on State Highways in the City of Dublin," was executed between Caltrans and the City of Dublin in 1999. This agreement delegates Caltrans' obligation to maintain the landscaping to the City, and authorizes the City to in turn delegate such maintenance obligation to the developers fronting 1-580. Accordingly, a separate Maintenance Agreement requiring Koll to maintain the landscape improvements within Caltrans right-of-way is now being entered into by the City of Dublin and Koll: Upon completion of the landscape improvements by the City, Koll will assume responsibility for maintaining the landscape within Caltrans' right-of-way. Staff recommends that the City Council adopt the resolutions Approving the Agreement with Koll Dublin Corporate Center for payment to the City of Dublin for construction of landscape improvements within Caltrans right-of-way, and the Resolution Approving the Maintenance Agreement with Koll Dublin Corporate Center for maintenance of landscape improvements within Caltrans right-of-way. 2 RESOLUTION NO. - O1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH KOLL DUBLIN CORPORATE CENTER' FOR PAYMENT TO THE CITY OF DUBLIN FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS WITHIN CALTRANS' RIGHT-OF-WAY WHEREAS, Tract Map 7147, in the incorporated territory of the City of Dublin, State of California, was approved by the City Council on August 17, 1999, by Resolution No. 158-99; and WHEREAS, the Development Agreement for the project requires the Developer of the project, among other things, to design, construct and maintain the landscape improvements within Caltrans' right-of- way adjacent to the Park & Ride Lot and to the Koll development; and WHEREAS, in lieu of constructing the landscape improvements, the Developer, Koll Dublin Corporate Center, has executed and filed with the City of Dublin an agreement to pay to the City of Dublin, an amount of $52,814.00, towards the cost of construction of the landscape improvements; and WHEREAS, The City would utilize the funds from the Developer to complete the design, obtain the Caltrans permit and installation of the landscape improvements within Caltrans' right-of-way in conjunction with the City's Tassajara Road Interchange improvement project; and NOW, THEREFORE, BE IT RESOLVED that the City Council approves the agreement with Koll Development Company, LLC, to fund the costs of installation of landscaping along 1-580. PASSED, APPROVED AND ADOPTED this 6th day of November, 2001. AYE S: NOES: ABSENT: ABSTAIN: ATTEST: Mayor Pro Tempore City Clerk g:\develop\Koll\reso agmt fund landscape imps AGREEMENT BETWEEN THE CITY OF DUBLIN AND KOLL DEVELOPMENT COMPANY, LLC TO FUND THE COSTS OF INSTALLATION OF LANDSCAPING ALONG 1-580 THIS AGREEMENT (this "Agreement") is made and entered into this 6th day of November, 2001, by and between the City of Dublin, a municipal corporation (City) and Koll Development Company, LLC, a Delaware limited liability company (Developer). RECITALS A. Developer holds legal interest in and desires to develop the real property described in Exhibit A attached hereto (the Property). B. Developer has received entitlements to develop the Property as an office complex. C. Subparagraph 5.3.2(b)(v) of Exhibit B of that certain Development Agreement, dated as of April 20, 1999, by and among City, Developer and the Surplus Property Authority of Alameda County, requires Developer to enter into an agreement with City to install landscaping along the frontage of the Property within the Caltrans' right-of-way for Interstate 580 (the "Landscaping") prior to the issuance of the first certificate of occupancy for the Property (the "Landscape Installation Condition"). D. City estimates the costs, of installation of the Landscaping. to be $52,.814.0.0 (the "Installation Amount") E. In lieu of Developer installing the Landscaping, Developer wishes to satisfy the Landscape Installation Condition (and City acknowledges that such Condition will be satisfied) by paying the Installation Amount to City so that City may install the Landscaping. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual provisions, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT 1. Recitals. The foregoing Recitals are tree and correct and are made a part hereof. G:DEVELOPXKOLL\agmt fund landscaping Page I 2. Payment of the Installation Cost for the Landscaping. Concurrently with the execution of this document, Developer shall pay the Installation Amount to City in immediately available funds. 3. Satisfaction of Landscape Installation Condition_ City hereby acknowledges and agrees that Developer's payment pursuant to Section 2 of this Agreement satisfies in full the Landscape Installation Condition, and City waives any further rights with respect to the Landscape Installation Condition. 4. InstallatiOn of Landsc~tping. City shall utilize the Installation Amount to install the Landscaping in accordance with Caltrans' current landscaping standards. City is hereby granted a temporary license to access the Property as reasonably necessary (and in the least obtrusive means possible) to complete the installation of the Landscaping, and City shall indemnify and hold Developer (and its successors and assigns) harmless for any actions taken by City, its agents, contractors, consultants or employees on the Property and from any and all claims, damages, costs and liabilities which may arise as a result of such actions. City hereby covenants that to the extent that the Landscaping is accompanied by a warranty from the installing contractor, Developer (and its successors and assigns) shall be named as additional beneficiaries of any such warranty. 5. Amendment. This Agreement may not be amended or otherwise modified except in a writing executed by all parties hereto. 6. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same instrument. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] G:DEVELOP\KOLL\agmt fund landscaping Page 2 IN WITNESS WHEREOF, the parties, hereto have executed this Agreement as of the daY and year first above written. CITY OF DUBLIN By: Pro Tempore KOLL DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: ~ ~ Michael G. Parker Senior Vice President, Partner ATTEST: City Clerk Agreement Between City of Dublin and Koll Development page 241600.04-Los Angeles Server lA MSW - Draft September 21,200t - 2:32 PM STATE OF ~J~ i~Y'n(C,L ) ) SS. COUNTY OF ~0.[,y~O,. ) On C)C~~ I~)! ?D0{ ,befor.eme,-'['-~,trt~FAY'O. P..~0~,aNotaryPublicin and for said state, personally appeared I~i C,~,..! '~. Pt~"~4-fi' , personally known to me (o~: proved to me on the basis of satisfactory evidence) to be the person, whose name is subscribed to the within instrument and acknowledged to me that h_e/she executed the same in bLs/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF' ) ) SS. COUNTY OF ) On , before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. wITNEss my hand and official seal. Notary Public in and for said State Engineers . Surveyors , F{anners February I 1 ~ 1999 BKF Proje~tNo. 940158-i4 - EXHIBIT "A" LEGAL DESCRIPT/ON PROPERTY DESCRIPTION (KOLL DEVELOPMENT sI~rE) ALL that certain rea[.proper~y situate in the City of Dublin, Co~ty ofAJameda, Siate of Cali.fomia. and described as fo.[lows: Parcel 4 as shown on that certain map entitled "PAKCEL MAP NOt 7250, SA.~TA RtTA PROPERTY", filed December 23, 1998 in Book 243 of Parcels Maps at Pages 74 through gl, inclusive, in the'Office of*he Kecorder of A2ameda County, State of California. ' A plat showing the above described property is.attached hereto'and made. a p.art hereof as Exhibit This description was prepared for B .fi. an Kangas Foulk. Panl Kittredge, p~[~,~.. No. 5790 License Expires: 06/30/00 ' k:~ur94~.O 158.50~iuscripcUml ,{;mk~.wpd 2737 North Main Si:ruer. Suite 200 ·Wainut Creak, Ca. 945~6-2714 o ~925{ 940.220(] o FAX 1925)940-22_°,9 Paaa 1 PCL 1 PARCEL ~--- N .4'7°02'18"E 46,05' N88O45,4y 267.06' ~7"27;52, W R ~ 236.00' .. L =' 155.~0' lg. lI PA'RCEL 3 E43 P.M..74 DUBLIN .BOULEVARD Z :5 I'.3.2 C)...E'. ~ ~///--N 01'~.4'.17" E 9,0¢ NSmo45.43.W ' 2t.00' 3.32~30 ";--' 9.00' PARCEL 4 PARCEL MAP 7250 24-3 P.M. 74 A = 32°56'10" R =,~ 3'40.00' L ~'B5.45' 33:342 AC._-+. 58.0' = 52;0¢ L = 27.62' 3B°18' 139"27'30" 68.00' 165.51' 02°l..T3T'' W N 88°53'2Y E 502.72' ROUTE 212.07' N 89°58~09" W ""~N 74729't4" 91.35' HIGHWAY .3 2757 North Moin Street Suite 200 Walnut Creek, CA 94596 925/940-2200 925/940-2299 (FAX) Subject PLAT TO ACCOIvlPANY PROPERTY DESCR I PT I ON ' Job No. 9401'58-14 By MLB Dote _02/11/99 Chkd.,, PAl( SHEET I OF %- EXHIBIT A RESOLUTION NO. - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING MAINTENANCE AGREEMENT WITH KOLL DUBLIN CORPORATE CENTER FOR MAINTENANCE OF LANDSCAPE IMPROVEMENTS WITHIN CALTRANS' RIGHT-OF-WAY WHEREAS, Tract Map 7147, in the incorporated territory of the City of Dublin, State of California, was approved by the City Council on August 17, 1999, by Resolution No. 158-99; and WHEREAS, the Development Agreement for the project requires the Developer of the project, among Other things, to design, construct and maintain the landscape improvements within the Caltrans right-of-way adjacent, to the Park & Ride Lot; and WHEREAS, The Caltrans agreement entitled, "Agreement for Maintenance of Landscaping on State Highways in the City of Dublin," executed between Caltrans and the City of Dublin in 1999, delegates Caltrans' obligation to maintain the landscaping to the City, and authorizes the City to in turn delegate such maintenance obligation to the Developer; and ' WHEREAS, the Developer of the project, Koll Dublin Corporate Center (Koll), has executed a Maintenance Agreement requiring Koll to maintain the landsCape improvements within Caltrans' right-of- way; and WHEREAS, upon completion of the landscape improvements by the City, Koll will assume the responsibility for the maintenance of the landscape improvements within the Caltrans right-of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the Agreement between the City of Dublin and Koll Development Company, LLC, for maintenance of landscaping along 1.580. PASSED, APPROVED AND ADOPTED this 6th day of November, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor Pro Tempore City Clerk AGREEMENT BETWEEN THE CITY OF DUBLIN AND KOLL DEVELOPMENT COMPANy, LLC, FOR MAINTENANCE OF LANDSCAPING ALONG 1-580 · THIS AGREEMENT (this "Agreement") is made and entered into this 6th day of November, 2001, by and between the City of Dublin, a municipal corporation (City) and Koll Development Company, LLC, a Delaware limited liability company (Developer). RECITALS A. Developer holds legal interest in and desires to develop the real property described in Exhibit A attached hereto (the Property). B. Developer has received entitlements to develop the Property as an office complex. Co Subparagraph 5.3.2(b)(v) of Exhibit B of that certain Development Agreement, dated as of April 20, 1999, by and among City, Developer and the Surplus Property Authority of Alameda County (the "Development Agreement"), requires Developer to enter into an agreement with City to install landscaping (the "Landscaping") along the frontage of the Property within the Caltrans right-of-way for Interstate 580, which area is depicted on Exhibit B attached hereto. Developer has satisfied this condition (and City hereby acknowledges that such condition has been satisfied) by concurrently herewith entering into an agreement with the City to fund the estimated cost of the installation of the Landscaping. D. Subparagraph 5.3.2(b)(v) of Exhibit B of the Development Agreement also requires Developer to maintain the Landscaping once it is installed. E. City has entered into an agreement with Caltrans entitled Agreement for Maintenance of Landscaping on State Highways in the City of Dublin, dated November 24, 1999, (the Caltrans' Agreement), a copy of which is attached hereto as Exhibit C. The Caltrans Agreement delegates Caltrans' obligation to maintain the Landscaping to City and :authorizes City to re-delegate such maintenance obligation to Developer, subject to certain conditions. F. The purpose of this Agreement is to re-delegate the City's obligations for maintenance of such Landscaping to Developer for the 1-580 right-of-way adjacent to the Property. G. Developer anticipates creating the Koll Dublin Corporate Center. Owners Association (the "Association") to maintain the common area on the Property, among other tasks, and wishes to assign its obligations under this Agreement to the Association upon the Association's creation, which assignment is acceptable to City, provided that it is made in accordance with the terms hereof. G:DEVELOP\KOLL\agmt maintain landscaping P~el NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual provisions, obligations and covenants herein contained, City and Developer agree as follows: 1. Recitals. AGREEMENT The foregoing Recitals are true and correct and are made a part hereof. 2. Re-Delegation of Maintenance Obligation to Developer. City hereby re-delegates and assigns its obligations under the Caltrans Agreement to maintain the Landscaping along the frontage of the Property within Caltrans' right-of-way for Interstate 580 to Developer, and Developer hereby assumes and agrees to perform said obligations under the Caltrans Agreement. 3. Assignment. Developer shall have the right to assign its obligations under this Agreement to the Association (the "Assignment"), which Assignment shall be evidenced by an assignment and assumption agreement (the "Assignment Agreement") in form and substance reasonably satisfactory to the City's Director of Public Works and the City Attorney. 4. Indemnification. Developer agrees to defend City against any claims or actions arising during the period prior to the Assignment and arising from Developer's actions pursuant to this Agreement, and Developer shall indemnify and hold City harmless from any damages associated therewith that may be awarded against City. Upon the Assignment, the Association shall defend City against any claims or actions arising during the period after the Assignment and arising from the Association's actions pursuant to this Agreement, and the Association shall indemnify and hold City harmless from any damages associated therewith that may be awarded against CitY. City agrees to defend Developer (and/or the Association, as applicable) against any claims or actions arising from City's actions pursuant to this Agreement, and City shall indemnify and hold Developer (and/or the Association, as applicable) harmless from any damages that may be awarded against Developer (and/or the Association, as applicable) in connection with City's actions pursuant to this Agreement. 5. Encroachment Permit. If required by Caltrans in accordance with the Caltrans Agreement, 'City hereby covenants and agrees to obtain and maintain the necessary encroachment permit (naming Developer and the G:DEVELOP\KOLL\agmt maintain landscaping Page 2 Association as additional beneficiaries of such permit) from Caltrans to allow Developer (and its successors and assigns) to perform its obligations under this Agreement. Developer (and its successors and assigns) shall not be in default of this Agreement for failure to perform some or all of its maintenance obligations hereunder if City fails or is unable to obtain the requisite encroachment permit. 6. Termination. Developer may terminate this Agreement by providing six months notice to City and by paying to City an amount of money reasonably deemed sufficient by City to generate income for City to maintain the Landscaping with its own forces or by contract. City may terminate this Agreement by providing Developer 30 days notice in writing, in which event Developer shall not be required to pay any amounts to City to generate income for City to maintain the Landscaping with its own forces or by contract. Notwithstanding anything to the contrary contained in this Agreement, if not earlier terminated by either party in accordance with this Section 6, this Agreement shall automatically terminate upon the termination of the Caltrans Agreement (which Caltrans Agreement terminates on January 1, 2019). 7. Amendment. This Agreement may not be amended or otherwise modified except in a writing executed by all parties hereto. City hereby agrees that any amendment or other modification to the Caltrans Agreement that would result in any impairment of Developer's (or its successors or assigns) rights or expansion of its obligations under this Agreement shall require the prior written approval of Developer (or its successors or assigns). 8. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same instrument. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] G:DEVELOP\KOLL\agmt maintain landscaping Page 3 IN WITNESS WHEREOF; the parties hereto have executed this Agreement as of the day and year fa'st above written. CITY OF DUBLIN By: Ma-yor Pro Tempore City of Dublin ATTEST: City Clerk KOLL DEVELOPMENT COMPANY, LLC, a Delaware limited liability company By: ~ Michael G. Parker Senior Vice President, Partner Agreement Between City of Dublin and Koll Development 241599.05-Los Angeles Server lA MSW- Draft September 26, 2001 - 2:09 PM STATE OF C.~ i~T~"l (~_...,k ) SS. COUNTY OF ,l~0.P~f..~O,,. ) lt~, ~D01 , befor? me, .'~~ P..~0~, a Notary Public in On and for said state, personally appeared It~i Cb&*...! ~.. POa,'~.-t4'- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that h.._e/she executed the same in hi.s/her authorized capacity, and that by Ms&er signature on the insmunent, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF ) ) SS. COUNTY OF ) On ., before me, , a Notary Public in and for said state, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his&er authorized capacity, and that by his&er signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State E~in~rs · Surwyors · Pla~'n.rs Febmarf 11, 1999 BKF Project No. 940158-i4 - EXHIBIT "A" LEGAL DESCRIPTION PROPERTY DESCRIPTION (ROLL DEVELOPMENT SI~E) ALL that certain reM.property Situate in the City of Dublin, Codnty of Alameda, Siate of CMifornla, and described as fo~ows: Parcel 4 .as shown on that certain map entitled "PARCEL MAP NO~'72~0, 'SANTA RtTA PROPERTY", fried December 23,' 1998 in Book 243 of Parcels Maps at Pages 74 through inclusive, in the'Office of the Recorder of Alameda Coun.ty, State of California. A plat showing the above described property is.attached hereto'and made.a part hereof as ExMbit Tl~s desc. ription was prepared for Brian Kangas Foulk. Paul tCdttredge, PJ~.. No. 5790 License Expires: 06/30/00 . -Dated: - k:%sur94194015~.~0%d~s~p[%kollsim.wpn 2737 North Main Stra~t, Suite 200 · WaJnut Croak, CA94596-2714 · [925) 940-2200 ,, FAX (.q25] 940-22_°9 EXHIBIT A Pmc~e 1 PCL 1 PARC~'L 2 PA'RCEL 3 EE.A,tAJNDE~ PARCEL :E4;3 ' P.M., Y4 DUBLIN .BOULEVARD ~ N~7°02'lS"E 46,05' ~ 87°27.32" W (R)~ N 88°45~43''. W . ~ A = 37°42'09". '- , 332~30' · E = 236.00' - 5 i'.32 o.,~. I ' AB ~SEg~ 243,03' ~ N 0I'14'.17" E '"' %o?~!. i . ~"~ r"'2~.oo' ' N 43°46't8" W--/ II =- 155.30' 35°0g;41." W t9.11: z~ = 32°56'1'0" R ~ ~40.00' L 31.i5' PARCEL 4 PARCEL MAP 7250 24.3 P.M. 74 55.'542 AC.+-- A = 49°2~'30''. R -- 32~00' /' L = 27,62' .3~°~s'59" E (PRC) 139"27'50" 6B.O0' 165.51' 02-13'3j," w lO4.33. · 212.07' N 74~9't4" E' ~1.33' 89~38~0.9" W HIGHWAY N 88°33'23'' E 502,72' ROUTE 580' Engineer~ ,, Bu~veyor~ - PIm~ners 2737 North Moln Street Suite 200 Wolnut Creek, CA 94596 925/940-2200 925/940-2299 (FAX) Subject Job No. By MLM PLAT TO ACCOMPANY PROPERTY DESCRIPTION 940158-14 Dote 02/11 /99 Chkd. PAK~ SHEET 1 OF ~ EXHIBIT "B" LANDSCAPING AREA BUILD/NO, $ T ,~ $--$'-~--d A R-- CALTRANS AGREEMENT AGREEMENT FOR MAINTENANCE OF LANDSCAPING. ON STATE HIGHWAYS IN THE CITY OF DUBLIN This AGREEMEI~T is made effective this .2-/v~.. day of /f,~/,'~/'~" , 1999, by' and between the St~ate of California, acting I~y and through the Department of Transportation, hereinafter referred to as "STATE,''. and the City of Dublin-hereinafter referred to as "CITY." !. . The parties desire to provide that 'CITY perform particular maintenance· . - functions on the State' highways within, the 'CITY as authorized in Section 130 of the Streets and Highways Code. I1. This Agreement shall, supplement .any previous agreement for maintenance of the identified p°rtion of the State highways in the City of Dublin and/or amendments thereto ~vi~:h-the CITY. !11. The CiTY shall perform such maintenance work as is specifically delegated to it, on the 'identified State highway routes, Or portions thereof, ali as hereinafter described under Exhibit A, attached to and made a part of this Agreement, or as said Exhibit may be subsequently modified with the consent of the parties hereto acting by and through their authorized representatives. When future landscaping is to be installed under STATE-issued encroachment permit, STATE will provide a newly dated and revised Exhibit A, which, when accepted in writing by CITY, shall be made a part hereof by this reference to supersede the original Exhibit as part of this Agreement. IV. The degree .or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual, or as may be prescribed from l~ime to time by the District Director. ~District Director," as used herein, means the Distdct Director of the Department of Transportation assigned to the territory in which CiTY is located, or an authorized representative. The STATE reserves the option to inspect at random ali areas of.State highways maintained by the CITY. However, such random inspection does not preempt the CITY's maintenance responsibilities as specified' in this Agreement. An encroachment permit will be required for third parties when maintenance work is re-delegated. Such re-delegated work" shall be performed at the same VI. Vii. Vlll, IX. XI. levels of servic.e as specified herein and will be subject to the same random inspections as provided for work performed directly by CiTY forces. The functions a~d levels of maintenance service delegated to the CITY in the attaChed Exhibit A, ~DelegatiOn of Landscape Maintenance," has been considered in setting authorized total dollar amounts. The CITY may perform additional work if desired, but the STATE will not reimburse the CITY for any work in excess of the authorized dollar limits established herein. Nothing~in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this contract or to affect the legal liability of either party to the contract by imposing any standard of care respecting the maintenance of State highways different from the standard of care imposed by law. Rights granted 'to CITY under '~his Agreement are restricted to maintenance duties. Any other use or presence by CITY, including a contractor for CITY, will require that a separate encroachmer~t permit be issued from STATE, CITY shall not, at any time, use or permit the public to use the landscaped areas subject to maintenance under this Agreement, hereinafter "LANDSCAPED AREAS," in. any manner that will interfere with or 'impair the primary highway transportation use of STATE's right of way or other uses licensed or permitted by STATE. Should CITY desire to reconstruct or further improve LANDSCAPED AREAS, CITY' shall obtain all necessary-design approvals and a new additional encroachment permit from STATE. CiTY shall be responsible for ail coSts 'associated with relocating or protecting any elements of the LANDSCAPED AREAS in the event that such action is required due to any work proposed, permitted, or performed by STATE that might be necessary to expand, modify, maintain, or repair' STATE's highway system. STATE shall provide sufficient notification to CITY prior to the start of any such work. STATE reserves its right'to use all of those areas within STATE's f!ght of .w.ay, including LANDSCAPED AREAS, for future construction, reconstruction, expansion, modification, or maintenance purposes without restriction, including the area encompassing the LANDSCAPED AREAS. 2 XII. XlV. XlV. XV. CITY shall not enter the adjacent roadbed of State highways, which includes the roadbed of"ramps~.during maintenance of LANDSCAPED AREAS, nor shall CITY use '~aid roadbed as an aCcess to and from LANDSCAPED AREAS unless expresslY/provided for in a separate'encroachment permit obtained from STATE. 'A description of those, maintenance functions delegated to CITY are included in this section. Those functions are identified by STATE's HM Program Codes. HM2D LITTER/DEBRIS/GRAFFITi CITY shall provide for removal of litter, debris, and graffiti from the roadsides along LANDSCAPED AREAS, Litter, debris, and .graffiti includes, but is not limited to, all sand, paper, garbage, refuse, trimmings, and other natural or man-made intrusions resulting from public passage and access or acts of God. HM2E LANDSCAPING CITY shall provide for maintenance and replacement of all vegetative material, including watering, fertilizing, plant replacement, weed control by hand and mechanical means, tree trimming and/or removal, chipping, miscellaneous work such as pest control and inhibitor spray. The maintenance' of the irrigation system is inctudedo It is understood and agreed that neither the STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the CITY under or in' connection with any work, authority or jurisdiction delegated to .t. he CITY under this Agreement. It is understood and.agreed that, pursuant to Government Code'Section 895.4, CITY shall defend, indemnify and save harmless the State of California, all officers and employees from all Claims, suits or actions of every.name~ kind and description brought for or in account of injuries to or death of any person or damage to property resulting from anything done or omitted to be done by the CITY under or in connection With any work, authority or jurisdiction delegated to the CITY under this agreement. It is {Jnderstood and agreed that neither the CiTY nor any officer or employee thereof is responsible for any damage or liability oCCurring by reason of .anything done or omitted to be done by the STATE under or in connection with any work, authority or jurisdiction delegated to the STATE under this XVI. Agreement. It is understood and agreed that, pursuant to GoVernment Code Section 895.4 STATE, shall defend, indemnify and save harmless the CITY, all officers and employees from ali claims~, suits or actions of every name, kind and description 'brought for or in acCoUnt of injuries to or death of any person or'damage to property resulting from anything done or omitted to be done by the STATE under or in connection with any work, aUthority or jurisdiction delegated to the STATE under this agreement. This Agreement shall .remain in full force and effect until amended by the mutual consent of the parties thereto or terminated by either part7 upon thirty (30) days written notice to the other party. 'If CITY.gives such notice, CiTY shalt remove the landscaping subject to maintenance under this Agreement at no cost to STATE. A~ternafivety, if CITY and STATE mutUally agree in writing, STATE may take over Iow maintenance of the landscaping subject to this Agreement. I.N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF DUBLIN Mayor Attest: Approved as to form; City Attorney STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION JOSE MEDINA Director of Transportation By GLENN E. BEHM District Division Chief Maintenance .Date EXHIBIT A DELEGATION OF LANDSCAPE MAINTENANCE The. specific maintenance function ir~dicated below is hereby delegated to the CITY. Tiiis delegatio~ of maintenance function Set forth herein does not include the areas and functions of which,the control and maintenance rest with the CITY under the terms of Freeway .Agreements and/or Freeway Maintenance Agreements. Maximum Annual Route Length Program Authorized No. 'Mile~ Description. of Routing Delegated Expenditure 580 4.68 Freeway: along south city limits from HM2D Tassajara Road to'l .20 miles west of HM2E San Ramon 'Road, a length of 4~68 miles. See Note 1. Total Authorized Rout 0.00 0.00 0,00 680 1.70 Freeway: from south city limits near HM2D Route 580 to the north city limits at HM2E Alcosta Boulevard, a length of 1.70 miles. See Note 1, Tota~ AuthOrized Route 680 $ 0.00 0.00 $ 0.00 Note: ' CITY shall provide for HM2D and HM2E program work at CITY's own expense, and said work shall specifically be performed at the locations identified in the table herein entitled 'LANDSCAPED AREAS.' EXH~BIT A Location LANDSCAPED AREAS No, Route ~ Post Encroachment See Exhibit A Terrr, ination Date No. Miles Permit No. Pages (See Note 2) 580 18.6 98-0864 3 and 4 January 1, 2019 . Note:' 2. STATE .shatl assume HM2D and HM2E program work, and the cost and liability thereof, for the landscaped 'area identified by location number on the termination date indicated. 2 STATE OF GALIFOflHI& DEPARTMENT OF TRAN8PORTATION LANDSCAPE MAINTENANCE AGREEMENT ~th the CITY of DUBLIN TO~AL fl~OJECi' ! rio. ISIIEE';$ IO41 ^Lb '1 080 I ;a.o I'1~ EXHIBIT "A" ' PROJECT '~'~.., -LOCATION. · .'X RoUte. LOCATI ON MAP NO SCALE EXHIBIT "A" DUSUN BOULEVARD Route 580 .~ ~EGEND .l:::::::::d maIntaIned by CITY LOCAT ION No. Shee:l' 2 OF 2 04-ALA-580 LANDSCAPE MAINTENANCE AGREEMENT with-THE CITY of Post Mile: 18.6 DUBL I N Date: 6/98