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Home My WebLink About4.02 MAD 83-2 DSRSD Agree 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. a:Itopazlagstdsr 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 a:Itopazlresoagn :rr _ rRE5�LLrrtC�r 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; - - A GlIZEE MET 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, ." .lUN Co 1'-1 aF PS2s> -Lcrt O N • \ 0 1 \ RESERVOIR C T Y 0 DUB IN \ •• . �� ACFC&WCD (Zone 7) , — \ '� 1 P WIDE ROAD W JO'EAGEYENT -` �j•p� I .\\ `�` \ �� DATE �K \ ,� . AREA OF PROPOSED LANOSCAPING / r.` / / \. ). %/.: -: / / N / / 153 /, • • 1 `\ / J° / \ ! . \ ` 1 EYI0TW6FENCE-„l`(.....?:.:•:::::::X • --/ \ \ / '\\j. \ �'�'^e, , lecc . N\ ' .././ . -"I.-. \\..V." ..).; c N..... N \V ‘1.- . 71\ r--- . /` 4‘ \ 7 R ��r 4119 \ \ • Q -1.£,,'r `'�..' 1 • 4} N • X 6 .:,.+.++ yid N. \ \ \ \\\ \°� 1 / \ \ n \ at& 1 Yy _ nn'1I:1Fz,{{�� ZONE? '" �y �.., ,•_.p. .•.,r. `u _ _ _.2-41111 (2 0116) J.L.W IKCOLINry FLOOD CONTROL irr•uw LOCATION MAP w' - f�L. ;_.:' AND [K(•IO -- - Pe AT F,9 COW OVA I lr.N DISTRICT ••--