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PUBLIC AGENCY AGREEMENTS

Shute, Mihaly & Weinberger LLP represents public entities and community groups with regard to a variety of real estate and other contractual issues. The firm routinely drafts deeds, leases, purchase agreements, development agreements, easements, encroachment permits, and inter-agency agreements regarding regulatory matters. The firm also advises clients on a variety of other contractual issues such as wastewater treatment services and composting facilities.

• The firm represented the East Bay Regional Park District (“EBRPD”) in drafting a purchase agreement for the acquisition of 170 acres of shoreline and other property for creation of the East Shore State Park along the San Francisco Bay. The agreement provided for up to $3.5 million to remediate toxic wastes on the property prior to its transfer to the EBRPD.

• The firm drafted agreements between the City of Livermore and Alameda County creating land preservation incentives by allowing density bonuses for landowners willing to dedicate permanent conservation easements. The program requires dedication of one acre of land to vineyards or olive orchards for each home and each acre developed in the planning area. The firm represented the City in implementing the program by drafting a model agricultural conservation easement and a model development agreement and prepared numerous site-specific easements and development agreements. The firm also assisted the City in developing monitoring and enforcement policies to ensure compliance with agreements.

• The firm represented the Alameda County Waste Management Authority in negotiating and drafting contracts for acquisition of property to be used for an integrated waste management facility, including a green waste biosolids composting facility. The firm also negotiated and drafted an agreement for private construction and operation of a publicly-owned composting facility in Alameda County.

• The firm assisted a court appointed mediator in mediating a dispute between the parties in major litigation involving the Monterey Amendments to the State Water Project contracts. Following the appellate decision in Planning and Conservation League v. Department of Water Resources, 83 Cal.App 4th 892 (2000) invalidating the EIR prepared for the project, the parties commenced a multi-party mediation process that resulted in a settlement of the litigation. A member of the firm played a major role assisting the parties in reaching agreement on and crafting language to resolve critical legal and substantive issues in the successful mediation.

• The firm has drafted several kinds of sewer agreements between public entities and sewer districts. For example, the firm represented the Tamalpais Community Services District in its negotiations with Sausalito-Marin County Sanitation District over an agreement for wastewater collection, treatment, and disposal. The firm represented the City of Livermore in negotiating and drafting an agreement for the lease of wastewater capacity to a services district which provides sewage treatment and disposal services to a neighboring community. The firm also represented the cities of Livermore and Pleasanton in connection with comprehensive revisions to the Joint Powers Agreement (JPA) for the Livermore-Amador Valley Water Management Agency. The Agency operates wastewater disposal facilities for three cities in eastern Alameda County and a portion of a fourth city in Contra Costa County. The revised JPA provides for the repair of an existing pipeline and expansion of the wastewater disposal system to meet the planned growth of the member communities. The firm also assisted in the preparation of environmental documentation and other agreements, permits, and documentation required for implementation of the project.
  

• The firm regularly advises public agencies in negotiating and drafting of franchise and other agreements for the collection, processing and disposal of solid waste, organics and recyclables.
  

• The firm has drafted real estate leases, grazing leases, and leases of publicly-owned land for telecommunication infrastructure.
  

• The firm advised the Sacramento Area Flood Control Agency in drafting procurement contracts for environmental improvement projects and in avoiding conflicts between a special employment program for low income youth and industrial-level prevailing wage requirements.