Memorandum of understanding with Oakland for the Bay/Shellmound Street Project.

1. MEMORADUM
TO: JOHN A. FLORES, CITY MANAGER
FROM: HARRY R. HECHT, DIRECTOR OF PUBLIC WORKS
DATE: FEBRUARY 1, 1994
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH
THE CITY OF OAKLAND FOR THE BAY/SHELLMOUND STREET
PROJECT.
ACTION REOUESTED: At the February 1, 1994 City Council Meeting,
the City Council will be requested to approve a Resolution
authorizing the City Manager to execute the First Amendment to the
Memorandum of Understanding with the City of Oakland for the
Bay/Shellmound Street Project.
BACKGROUND: The City of Oakland and the City of Emeryville
entered into a memorandum of Understanding for the Bay/Shellmound
Street Project on March 1, 1993. This agreement allowed the City
of Emeryville to include a portion of the City of Oakland in the
assessment district, acquire right-of-way in the City of Oakland,
and construct and maintain those improvements in the City of
Oakland.
The concept which was originally envisioned was that all
property acquired in Oakland would be conveyed to Oakland; however,
• the City of Emeryville would maintain the street and bridge within
Oakland. After more carefully examining how maintenance will be
performed, it has become apparent that the same entity who is
responsible for facility maintenance should also be able to allow
lane closures and encroachments for utilities and other
improvements.
In light of the above, the City of Oakland staff has agreeded
that Emeryville should retain ownership of the real property
involved. However, Oakland has required that the City of
Emeryville irrevocably agree to dedicate this land to Oakland upon
demand.
RECOMMENDATION: If is recommended that the City Council approve the
Resolution to amend the Memorandum of Understanding with the City
of Oakland, which includes the change described above.
APPROVED TO BE FORWARDED
TO CITY COUNCIL
k4eafg
I/X- JOHN A. FLORES
City Manager

2. ATTEST: APPROVED AS TO FORM:
CITY ATTORNEY
21444i
RESOLUTION NO. 94- 24
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
OAKLAND FOR THE BAY/SHELLMOUND STREET PROJECT.
WHEREAS, the City of Oakland and the City of Emeryville approved a
Memorandum of Understanding on March 1, 1993; and
WHEREAS, the MOU provided that the City of Emeryville agreed to
convey property interests to the City of Oakland which were
acquired by the City within the City of Oakland; and
WHEREAS, the City of Emeryville also agreed to maintain the
Bay/Shellmound Street Project in tie City of Oakland in perpetuity;
and
WHEREAS, in order to properly Maintain that part of the Project
within Oakland, involving such actions as encroachment permits for
lane closures and utility work, the City of Emeryville must have
ownership of the property in order to issue such permits; and•
WHEREAS, the City of Oakland has agreed to allow . the City of
Emeryville to retain ownership provided the City of Emeryville
grants to the City of Oakland an irrevocable offer to dedicate all
the real property within the City of Oakland obtained for this
project; now, therefore, be it
RESOLVED that the City Council authorizes the City Manager to
execute the First Amendment to the Memorandum of Understanding with
the City of Oakland for the Bay/Shellmound Street Extension
Project.
AYES: (5) Mayor Bukowski, Vice Mayor Davis, Councilmembers Harper, Kassis, Savage
NOES : (0) None ABSTAINED: None
EXCUSED: None ABSENT: None
MAYOR
CITY OF gMERYVILLE

3. RESOLUTION NO. 94- 24
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
OAKLAND FOR THE BAY/SHELLMOUND STREET PROJECT.
WHEREAS, the City of Oakland and the City of Emeryville approved a
Memorandum of Understanding on March 1, 1993; and
WHEREAS, the MOU provided that the City of Emeryville agreed to
convey property interests to the City of Oakland which were
acquired by the City within the City of Oakland; and
WHEREAS, the City of Emeryville also agreed to maintain the
Bay/Shellmound Street Project in the City of Oakland in perpetuity;
and •
WHEREAS, in order to properly Maintain that part of the Project
within Oakland, involving such actions as encroachment permits for
lane closures and utility work, the City of Emeryville must have
ownership of the property in order to issue such permits; and
WHEREAS, the City of Oakland has agreed to allow the City of
Emeryville to retain ownership provided the City of Emeryville
grants to the City of Oakland an irrevocable offer to dedicate all
the real property within the City of Oakland obtained for this
project; now, therefore, be it
RESOLVED that the City Council authorizes the City Manager to
execute the First Amendment to the Memorandum of Understanding with
the City of Oakland for the Bay/Shellmound Street Extension
Project.
Alm: (5) Mayor Bukowski, Vice Mayor Davis, Councilmembers Harper, Kassis, Savage
NOES: (0) None ABSTAINED: None
EXCUSED: None ABSENT: None
ATTEST:
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF EMERYVILLE

4. FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
HAY/SHELLMOUND STREET EXTENSION PROJECT
EMERYVILLE AND OAKLAND, CALIFORNIA
This First Amendment to the Memorandum of Understanding is
entered into as of February 1, 1994, by and among the City ofEmeryville, a municipal corporation ("Emeryville") and the City ofOakland, a municipal corporation ("Oakland").
RECITALS
WHERE, the City of Oakland and the City of Emeryville entered intoa Memorandum of Understanding ("MOU")for the Bay/Shellmound Street
Extension Project ("Project") on March 1, 1993; and
WHEREAS, the MOU provides for the construction of the Project which
is located partially in the City of Oakland; and
WHEREAS, the City of Emeryville will be responsible formaintaining, in perpetuity, those project improvements in the City
of Oakland; and .
WHEREAS, the MOU states that all real property interest locatedwithin Oakland that is acquired by Emeryville for the Project shall
be conveyed free of charge to Oakland; and
WHEREAS, encroachment permits to connect utilities, close lanes,
construct minor improvements, etc., need to be controlled by the
City responsible for maintenance of the street and bridge; and
WHEREAS, the conveyance of property shall be performed on the City
of Oakland's request which can be done through an irrevocable offer
to dedicate the real property interest located in Oakland at the
request of the City of Oakland; now therefore be it
RESOLVED that Section 2(a)(4) of. the March 1, 1993 Memorandum ofUnderstanding is revised to read as follows:
"(4) All real property interest located in Oakland that isacquired by Emeryville for the proposed assessment district shall
be conveyed free of charge and clear of all liens, except valid
assessment district liens, if any, to Oakland, by Emeryville, on ademand of such property by the City of Oakland. This irrevocable
offer to dedicate all real property interest located within Oakland
will not occur prior to thirty (30) days of the date on whichEmeryville receives clear title to such property."
All other portions of the Memorandum of Understanding for theBay/Shellmound Street Extension Project are unchanged.

5. IN WITNESS WHEREOF, the parties have executed this First
Amendment effective as of the date indicated above.
APPROVED AS TO FORM CITY OF EMEYVILLE, A
MUNICIPAL CORPORATION
CITY ATTORNEYATTORNEY BY:
ITS:
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY OF OAKLAND, A
MUNICIPAL CORPORATION
BY:
ITS:
ATTEST:
CITY ATTORNEY
CITY CLERK
E