Agmt 2007 LAVWMA - Laserfiche WebLink

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STEEL PLATE REIMBURSEMENT AND LIABILITY AGREEMENT THIS STEEL PLATE REIMBURSEMENT AND LIABILITY AGREEMENT (the "Agreement") is made and entered into on this ~z~~~ day of ~`~<iG`~~c'<° , 2007 (the "Effective Date") by and between LNERMORE-AMADOR VALLEY WATER MANAGEMENT AGENCY, a joint powers agency comprised of the Dublin San Ramon Services District and the Cities of Livermore and Pleasanton ("LAVWMA") and the CITY OF SAN LEANDRO, a California municipal corporation ("C~"). RECITALS A. A steel plate (the "Plate") is buried at Station 49+90 on Lewelling Boulevard west of Farnsworth Street in the City. A map which sets forth the specific location of the Plate is attached hereto as Exhibit A. B. The parties hereunder understand and acknowledge that removing the Plate is currently unnecessary. C. The parties further acknowledge that removing all or a portion of the Plate could place existing utilities and the roadway at risk of damage and would likely disrupt traffic on Lewelling Boulevard in the City. D. The parties recognize that the Plate may eventually impact the City's right to utilize or otherwise enjoy its streets in the area where the Plate is currently located. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the parties agree as follows: 1. Description and Location of Plate. The Plate is eighteen (18) feet wide by ten (10) feet deep and the surface is approximately ten (10) feet below grade. The Plate is located below all known adjacent utilities, except that the Plate is adjacent to and extends beneath an active pipeline (the "Pipeline") owned, operated and maintained by LAVWMA. A sketch which details the location of the Plate in relation to the Pipeline and other nearby utility facilities is attached hereto as Exhibit B. LAVWMA has also prepared and submitted to the City as-built construction drawings, attached hereto as Exhibit C, which indicate the horizontal and vertical location of the Plate. 2. LAVWMA Reimbursement of Removal Costs. The parties hereunder agree and acknowledge that if the City determines that the Plate could impact the City's right to utilize or otherwise enjoy its streets the Representatives (as set forth in Section 4, herein) shall meet to discuss such issue. Upon a reasonable determination by the City that removing all or part of the Plate is required, or that the City will otherwise incur costs for work performed due to the Plate, LAVWMA agrees to either remove all or a portion of the Plate, at its own expense, or reimburse the City for all such reasonable costs incurred by the City.