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Because these easements are located in the Val Vista Park parking lot, and not a public street, City staff also negotiated an agreement with DSRSD whereby any future public project in Val Vista Park that requires the PG&E or AT&T utility lines to move will be paid for by DSRSD.1 This proposed Cost Allocation Agreement for Public Service Easements (Attachment 2) provides that DSRSD will pay for any Public Service Easement relocation needed for a City or other public project, but not for a private commercial purpose (which assumes that the private party would then pay that cost). DSRSD's Board of Directors approved this agreement at their meeting on June 21, 2011. Therefore, City staff recommends that the Council also direct the City Manager to execute this agreement generally in the form set forth as Attachment 2. In addition, the proposed grant of easement to DSRSD includes similar terms whereby any City project that requires the relocation of the DSRSD conduit within the proposed easement be paid for by DSRSD. In conclusion, City staff recommends that the City Council adopt the attached resolution granting the easements to PG&E, AT&T and DSRSD, as well as the proposed agreement with DSRSD; and direct the City Manager to both execute and have recorded the easements, as well as enter into the proposed agreement with DSRSD. Submitted by: Fiscal Review: Approved by: I or ' 1/hic-e-t44---------- --rnt4-10-- leir‘jter, I :ria Dolan Emily Wagner Nelson Fialho I irector of Director of Finance City Manager CCommunity Development Attachments: 1. Resolution 2. Cost Allocation Agreement for Public Service Easements with DSRSD If these utility lines had instead been located in a public street or right-of-way, State law provides that the utility company has to pay for any relocation necessitated by a public project. In this case,because PG&E and AT&T were moving off of the DSRSD site and undergrounding on non-street property at DSRSD's request, the parties agreed that future relocation costs should be borne by DSRSD, and not the utility companies. Page 3 of 3