File #: 2017-4092   
Type: Consent Calendar Item
Body: City Council
On agenda: 4/4/2017
Title: Recommendation to Approve the Amended and Restated Maintenance and Cost Sharing Agreement between the City of Alameda and Alameda West Lagoon Homeowners Association. (Public Works 351)
Attachments: 1. Exhibit 1 - Original Agreement, 2. Exhibit 2 - Original Amendments, 3. Exhibit 3 - Amended and Restated Agreement, 4. Exhibit 4- Lagoon Map
Title

Recommendation to Approve the Amended and Restated Maintenance and Cost Sharing Agreement between the City of Alameda and Alameda West Lagoon Homeowners Association. (Public Works 351)
Body
To: Honorable Mayor and Members of the City Council

From: Jill Keimach, City Manager

Re: Recommendation to Approve the Amended and Restated Agreement between the City of Alameda and Alameda West Lagoon Homeowners Association

BACKGROUND

In the 1950's, the tidelands south of the Gold Coast were developed, creating the South Shore neighborhood. At the same time, the lagoons between South Shore and the Gold Coast were created. The homeowners along the newly constructed frontage of the lagoons formed the Alameda West Lagoon Home Owners' Association (AWLHOA) for the purpose of raising funds and maintaining the lagoons. On November 25, 1964, the City of Alameda and the AWLHOA entered into an agreement to set forth the rights and responsibilities for each party in connection with lagoon operations, maintenance and repair. This agreement was amended in 1968 and 1996.

The land under the lagoon system is owned by the AWLHOA, with a storm water easement to allow the City access for maintenance. Access to the lagoons is limited to members of the AWLHOA, the water-front property owners on the Gold Coast, and City staff. In addition to serving private recreational and aesthetical purposes, the lagoon system is a storm drain collection, detention and treatment facility for the City. For that reason, the cost of maintenance and repair of the lagoon system is shared by the AWLHOA and the City.

DISCUSSION

In 2016, the AWLHOA approached the City of Alameda with the intent to restate and replace the agreement in its entirety. This was desired by both parties in order to bring current the now 50+ year old agreement. Changes include bringing the agreement language into the current City contract template, increasing the insurance and liability requirements, adding a term and automatic ...

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