HomeMy WebLinkAbout4.5 Fencing of Dougherty Hills Open Space Y
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CITY OF DUBLIN
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AGENDA STATEMENT
City Council Meeting Date: July 14, 1986
SUBJECT: Fencing of Dougherty Hills Open Space
A
EXHIBITS ATTACHED: 1) Cost Estimate
2) Agreement
3) Location Map
RECOMMENDATION: Authorize Beck Properties to contract for the fencing of the
Dougherty Hills Open Space Park.
FINANCIAL STATEMENT: The City's share of estimated cost is $38,261.84
The total estimated cost exceeds the 1986-87 budget by
$261.84. It is recommended that action on a budget transfer
be deferred until the actual cost is known.
DESCRIPTION:
On August 12, 1986, the City Council authorized the Mayor to execute an
agreement that provided for the fencing of the Dougherty Hills Open Space. This
agreement was made jointly with Amador Lakes Associates and Beck Properties. The
fencing will be black vinyl-clad chain link fabric. The intent of the fence is to
prevent off-road vehicles from entering the park and to keep people away from the top
of the two large escarpments on the east side of the hills.
The low estimate received by Beck Properties is $58,261.84. Beck will hire the
contractor and, with Amador Lakes Associates, pay the first $20,000 of the fence
cost. The City's share of this estimated cost is $38,261.84. The actual cost will
be based on the field-installed length of the fencing. Beck's engineer will stake
their property .lines, and the fence will be located in the field based on property
lines and topography.
This project is included in the 1986-87 Capital Improvement Program.
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ITEM NO. COPIES TO: Amador Lakes Associates
Beck Properties
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AGREEMENT
Agreement made this day of August, 1985 among the
City of Dublin, a municipal corporation, Amador Lakes Associates ,
a California limited partnership, and Beck Properties , Inc. , a
California corporation.
RECITALS OF CONSIDERATION
Mutual Promises
NOW THEREFORE, for and in consideration of the premises and,
the mutual promises , covenants , and agreements hereinafter set
,forth, the City of Dublin, Amador Lakes Associates , and Beck
Properties , Inc. , agree as follows :
1 . The City of Dublin shall accept dedication of Lot 153
of Tract 4719 located in the City of Dublin and shall cause to _be
annexed certain hereinafter specified costs and maintenance
obligations to that certain assessment district designated Land-
scaping and Lighting District No. 1983-2 , City of Dublin, Alameda
County, California. The above acceptance of the dedication of
Lot 153 of Tract 4719 in the City of Dublin and the annexation of
certain costs and maintenance obligations to the above referred
to assessment district shall be made under the following terms and
conditions :
A. Beck Properties , Inc. , and Amador Lakes Associates
will construct fencing from the southwest corner of Lot 153 easterly
to the southeast corner of Lot 153 and then northerly to tie in
with the existing fence surrounding the water tank located in the
easterly part of Lot 153 . In addition, Beck Properties , Inc . and
Amador Lakes Associates shall construct fencing from the northern
end of the concrete culvert on the east side of Stagecoach Road
easterly along the northern border of Lot 153 to the existing
fence line located at the northeast corner of Lot 153 and will
construct additional fencing along the open areas of Lot 153 that
border on Stagecoach Road.
( 1 . ) The fencing to be constructed along the
southern, eastern and northern border of-_Lot ' .153 sha 11'-be a- viny
l
clad chain link fence. The fence along the eastern border of
Lot 153 shall be eight feet in height and all other fence shall
be a minimum of six feet in height.
( 2 . ) The fencing along the east side of Stage-
coach Road shall be such as to limit access from Stagecoach Road
to Lot 153 and shall be of a nature that shall serve this purpose
and also be aesthetically compatable with the subdivision and
landscaping along Stagecoach Road. The actual type of fencing
and its location shall be mutually agreed upon by the City of
Dublin, Beck Properties , Inc . , and Amador Lakes Associates .
( 3 . ) The cost of the fencing shall be allocated
fifty percent ( 50% ) to the City of Dublin and fifty percent ( 50% )
to Beck Properties , Inc . and Amador Lakes Associates . The cost
allocation to Beck Properties , Inc . and Amador Lakes Associates
shall be sixty percent ( 60% ) to Beck Properties, Inc. and forty
percent ( 40% ) to Amador Lakes Associates .
( 4 . ) If additional fencing around the perimeters
of the excavated subdivision slopes is required by the City of
Dublin within three years from the date of this agreement, the
cost of such fencing shall be assessed fifty percent ( 50% ) to
Lots 1 through 150 , in equal shares , of Tract 4719 , City of Dublin,
and the remaining fifty percent ( 50% ) to the City of Dublin. If
no additional fencing is required within said three year period,
the City of Dublin shall assume the responsibility. for :any . additional.'.
fencing in the future.
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( 5 . ) The estimated costs for all of the above
referred to fencing, including the fencing referred to in paragraph
( 4 . ) above, is under the sum of Forty Thousand Dollars ( $40 , 000 . 00 ) .
The maximum costs of all of the above referred to fencing to be
assessed against Beck Properties , Inc. , Amador Lakes Associates , F
Lots 1 through 151 of Tract 4719 , City of Dublin, shall not exceed
the combined total of Twenty Thousand Dollars ( $20 , 000 . 00 ) .
2 . The cost of maintaining the fencing contemplated by this
agreement shall be allocated through Landscaping and Lighting
District No. 1983-2 , City of Dublin, Alameda County, California
and shall be assessed sixty percent ( 60% ) to Lots 1 through 150 .1
in equal shares , of Tract 4719 , City of Dublin, and forty percent
( 40% ) to Lot 151 of Tract 4719 , City of Dublin. This assessment
of the maintenance of the fencing shall be made for a period of three
years from the date of this agreement and after the expiration of the
three years the cost of maintaining all fencing contemplated by this
agreement shall be born by the City of Dublin.
3 . The cost of maintaining the common area of Lot 153 of
Tract 4719 , City of Dublin, shall be allocated through Landscaping
and Lighting District No. 1983-2 and assessed sixty percent ( 60% )
to Lots 1 through 150 , in equal shares , of Tract 4719 , City of
Dublin, and forty percent ( 40% ) to Lot 151 of Tract 4719 , City of
Dublin. This assessment shall last for a period of three years
from the date of this agreement and from that time on the cost of
maintaining Lot 153 of said subdivision shall be born by the City
of Dublin subject to the exception noted in paragraph 3A below.
If the City of Dublin allows public access to Lot 153 of Tract 4719 ,
City of Dublin, prior to this three year period of limitation, the
cost of maintaining said Lot 153 shall revert solely to the City of
Dublin when such public access is formally approved by the City.
A. The excavated slopes and concrete culverts existing
around the outer perimeters of the subdivision and the interior
slopes and concrete culverts , excluding those slopes and concrete
culverts adjacent to Stagecoach Road, as shown in attached Exhibit
"A" , shall be annexed to Landscaping and Lighting District No. 1983-2 .
The cost of maintaining these slopes and culverts shall be assessed
solely to Lots 1 through 150 , in equal shares , of Tract 4719 , City
of Dublin. This assessment shall be permanent in nature .
4 . Beck Properties , Inc. shall cause to be granted to the
City of Dublin, a public easement over Lots 80 through 86 and 37
through 48 of Tract 4719 , City of Dublin, . to allow for the main-
tenance of slopes and culverts contemplated by this agreement.
GENERAL PROVISIONS
Acceptance
The terms and conditions of this agreement are subject
to the approval and acceptance by the City of Dublin. In the
event that such approval and acceptance is not obtained from the
City of Dublin within thirty ( 30 ) days from the date of this
agreement, this agreement shall be deemed null and void in its
entirety.
Entire Agreement
This agreement supersedes any and all other agreements ,
either oral or in writing between the parties hereto with respect
to the subject matter hereof and contains all of the covenants
and agreements between the parties with respect to said matter,
and each party to this agreement acknowledges that no represent-
ations , inducements , promise's , or agreements ,' orally or otherwise,
have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein, and that no other agreemen'C. ,
statement, or promise not containted in this agreement shall be
valid or binding in respect to the subject matter hereof.
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Choice of Law
This agreement shall be governed by and construed in
accordance with the laws of the State of California. f
Nonassignability
This agreement shall not be assigned by any party
hereto without the prior written consent of all parties .
Successors and Assigns
Subject to the provision regarding assignment, this
agreement shall be binding upon the heir, executors, administrators ,
successors and assigns of the respective parties .
Attorneys Fees
If any legal action is necessary to enforce the terms of
this agreement, the prevailing party shall be entitled to reasonable
attorneys fees in addition to any other relief to which the party
may be entitled. This provision shall be construed as applicable
to the entire contract.
Executed at California, this day
of , 1985 .
CITY OF D IN
B
Executed at o , /} ) California, this /�3f'G day
of 1985 .
BECK PROPERTIES, INC.
By
Executed at J� —,/Cal'if'ornia, this 2 ..day
of Go 1985 .
AMADOR LAKES ASSOCIATES
B
Item 4.5 Exhibit Number 3 Missing
Location Map