HomeMy WebLinkAboutItem 4.06 FloodControlLic1987
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 8, 1995
SUBJECT:
EXHIBITS ATTACHED:
Modification to Zone 7, Flood Control, License Agreement of 1987
Between the City of Dublin and Zone 7 of Alameda County Flood
Control and Water Conservation District
(Report by Public Works Director Lee Thompson)
/1) Map of project area
/ 2) Modification No.1 to the License Agreement Between the City
of Dublin and Zone 7 of the Alameda County Flood Control and
Water Conservation District
/ 3) Resolution
/ 4) Existing City Resolution No. 15-87
/ 5) 1987 Zone 7 Agreement
. RECOMMENDATION:l~l) Adopt Resolution
"\ 2) Authorize Mayor to execute Agreement
FINANCIAL STATEMENT:
This modification to the existing agreement has no specific financial
impact other than to authorize the cooperative effort with Zone 7 to
construct a portion of a regional trail system as described below.
EBRPD will operate and maintain the Trail. The entire $1,145,000
cost of the Trail including design, construction, and inspection has
been funded through State (TDA and Caltrans), Federal (ISTEA)
grants, Zone 7, and the East Bay Regional Park District (EBRPD).
DESCRIPTION: In 1987, the Dublin City Council entered into an agreement for the
joint use ofa Zone 7, Flood Control, maintenance road within the Alamo Creek Park to be used by the
public as a hiking trail and as an extension of the usable park area. The agreement requires the City to be
responsible for certain public liability in exchange for allowing the public to use the maintenance road.
The Dublin City Council has approved a Capital Improvement Project for the construction of a regional
trail for public use along the Alamo Canal and San Ramon Creek. This project is part of a larger ISTEA
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ITEM NO.: ~ COPIES TO: Zone 7
EBRPD
CITY CLERK
FILE ~
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project to tie the Iron Horse Trail in San Ramon to the trail system in Pleasanton. The modification to the
existing agreement with Zone 7 authorizes the use of these additional Zone 7 facilities as a regional trail
~~~ .
This modification to the 1987 agreement is one of the procedural items necessary to construct a Class I
bikeway on Zone 7 canal right-of-way. The project in Dublin will pave the existing maintenance road and
install two bridge crossings and one underpass beneath Dublin Boulevard. This regional trail connection
will be maintained and operated by the EBRPD in a manner consistent with other District trails.
The bike path within Dublin City limits will extend parallel to the Southern Pacific right-of-way just east
of San Ramon Creek at the San Ramon City limits and will continue along the east side of the Alamo
Canal to 1-580 (please see attached map). Caltrans plans to construct a connecting maintenance road/bike
path under 1-580 within their right-of-way. The path will then continue within the City of Pleasant on
from 1-580 south to Bernal Avenue. To the north, the City of San Ramon will continue the bike path in
their jurisdiction parallel to the railroad right-of-way. Construction ofthe bike path could be completed
by September 1996.
The project is ajoint effort with Zone 7, the City of Pleasant on, the East Bay Regional Parks District and
the City of Dublin. A sublicense agreement with the East Bay Regional Parks District (EBRPD) will be
executed after this agreement is amended. The sublicense agreement with the EBRPD will enable the
District to operate and maintain the trail in Dublin as part of the EBRPD regional parks system. The
EBRPD will provide maintenance and security in a manner consistent with other District trails.
Staff recommends approval of this Modification to the Zone 7 License Agreement of 1987.
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EXHIBit _ 1_:9.~' r~f' us:!.\\~:~ N
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MODIFICATION NO. I TO THE LICENSE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE
AIAMEDA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT REGARDING THE
ADDITION OF CHANNEL PROPERTIES TO THE LICENSE;
THE USE OF FLOOD CONTROL CHANNEL FORA
REGIONAL TRAIL CONNECTION; AND MODIFICATIONS
TO THE INSURANCE AND LIABILITY PROVISIONS
.
THIS MODIFICATION OF LICENSE AGREEMENT ("Modifiation") dated
for identifiation as , 199_, is entered into by and between the Zone 7 of
Alameda County Flood Control and Water Conservation District, a body corporate
and politic, hereinafter referred to as "licensor", and the CITY OF DUBLIN, a
Municipal Corporation, hereinafter referred to as "licensee".
RECITALS
This Modifiation is entered into on the basis of the following facts, intentions
and understandings of the licensor and licensee hereto: .
WHEREAS, licensor and licensee previously entered into that certain License
Agreement between the Zone 7 of Alameda County Flood Control and Water
Conservation District ("Zone 7") and the City of Dublin ("City") dated March 18,
1987, as authorized by City Resolution No. 15-87 and Zone 7 Resolution No. 1244
("1987 Agreement"); and
WHEREAS, licensor has agreed to allow licensee to use certain flood control
channel properties for maintaining parks and recreational facilities (Regional Trail
Connection) within said channel properties; and
WHEREAS, licensor is agreeable to such use so long as said licensee
improves, maintains, and operates such park and recreational facilities in a manner
that will not interfere with the basic flood control purposes of the channel; and
WHEREAS, licensor is agreeable to such use so long as said licensee shall
hold licensor free from all liability and claims for damage in accordance with said
1987 Agreement as modified by this Modifiation; and
license Agreement Modification
Page 1 of 5
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WHEREAS, it is mutually agreed between Licensor and Licensee to add
additional channel properties to the 1987 Agreement for the privilege of using said
properties for park and recreational facilities (Regional Trail Connection) use under
the terms of said 1987 Agreement as modified by this Modification; and
WHEREAS, it is mutually agreed between Licensor and Ucensee to modify the
liability and insurance provisions of the 1987 Agreement pursuant to this
Modification to provide for liability based upon the respective duties of the Licensor
and Licensee, and self-insurance by the Licensee; and
NOW THEREFORE, in consideration of the mutual covenants and promises
set forth herein, the receipt and adequacy of which is hereby acknowledged, Licensor
and Licensee hereby agree as follows:
1. Additional channel properties are added to the 1987 Agreement said
properties are:
Alamo Canal
APN 941-1401-13-1
941- I 40 1- 13-2
941~205-1-23
South San Ramon Creek
APN 941-205-1-12
941-190-1-1
941-190-1-5
941-191-95
Line J~6
APN 941-2753-43
2. Section X of the 1987 Agreement is amended to read as follows:
Section X. LIABILITIES.
(A) Licensee, insofar as it may legally do so, shall hold and save
Ucensor free from all liability and claims for damages resulting from the
construction, maintenance, operation or public use of the
pedestrian/bike paths or landscaping on the property. Ucensor, insofar
as it may legally do so, shall hold and save Ucensee free from all liability
and claims for damages resulting from Ucensor's activities related to the
license Agreement Modification
Page 2 of 5
construction, maintenance, operation or public use of the conveyance .
channel for flood control, drainage, or water conservation on the
property.
(B) licensee shall carry public liability insurance, self-insurance, or
pooled self-insurance, in an amount which will adequately protect
licensor from liabilities or claims arising from licensee's activities
related to the construction, maintenance, operation or public use of the
pedestrian/bike paths or landscaping on the property, such amount to be
no less than $1,000,000 each person, $ I ,000,000 each occurrence for
bodily injury or death, and $ 1,000,000 on each occurrence for property
damage.
(C) Policies for such insurance or self-insurance shall name Zone 7 of
Alameda County Flood Control and Water Conservation District,
Alameda County Flood Control and Water Conservation District, the
County of Alameda, their officers, agents and employees as additionally
insured and copies thereof, certificates of payment of premiums thereon,
or other proof of insurance or self-insurance acceptable to licensor, shall
be furnished licensor by licensee.
(D) It is agreed that such insurance or self-insurance as is afforded by .
the policy to Zone 7 of Alameda County Flood Control and Water
Conservation District, Alameda County Flood Control and Water
Conservation District, the County of Alameda, their officers, agents and
employees, shall apply as primary insurance for liabilities and claims
arising from licensee's activities related to the construction,
maintenance, operation or public use of the pedestrian/bike paths or
landscaping on the property. No other insurance effected by Zone 7 of
Alameda County Flood Control and Water Conservation District,
Alameda County Flood Control and Water Conservation District, the
County of Alameda, their officers, agents and employees, shall be called
upon to contribute to a loss covered by the policy or self-insurance for
liabilities and claims arising from licensee's activities related to the
COI).struction, maintenance, operation or public use of the
pedestrian/bike paths or landscaping on the property.
(E) licensor shall be liable to licensee for any damages to the
properties licensed hereunder, including but not limited to any
improvement made or to be made by licensee for recreational
Ucense Agreement Modification
Page 3 of 5
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purposes when such "damages are caused by activities of licensor
on the properties improved by licensee.
(F) licensee shall be liable to licensor for any damages to properties
licensed hereunder, including, but not limited to, damage to trees,
erosion to soil, or damages to any improvement made or to be made by
licensor for water conservation or flood control purposes whether such
damages are caused by the activities of Licensee on the properties
improved by it or by third parties. licensee shall not be liable for
damages to the properties licensed hereunder if arising from Licensor's
actions or land use for water conservation and flood control purposes. It
is understood between licensor and licensee that channels retain their
natural state so that a pedestrian/bike path can be constructed on the
channel embankments for recreational use by the general public.
(G) If Sections 1941 and 1942 of the California Civil Code pertain to
the licensing of real property as herein contemplated, then Licensee
expressly waives the provisions thereof.
IN WITNESS WHEREOF, Licensor and licensee have caused their corporate
names to be affIxed hereto by their respective offIcers authorized to do so.
Date:
ATTEST:
By:
Secretary, Board of Directors
ZONE 7 OF ALAMEDA COUNTY
FLOOD CONfROLAND WATER
DISTRICT, "licensor"
By:
Chairman, Board of Directors
License Agreement Modification
Page 4 of 5
APPROVED AS TO FORM:
Kelvin Booty, County Counsel
.
By:
Deputy County Counsel
Date:
ATTEST:
By:
Ci ty Clerk
CITY OF DUBLIN,
" Licensee"
By:
Mayor, City of Dublin
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APPROVED AS TO FORM:
Elizabeth H. Silver, City Attorney
By:~17~
City Xttorney
114\agree\zone7.mod
lkense Agreement Modification
,Page 5 of 5
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RESOLUTION NO. -95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING MODIFICATION No.1 TO THE LICENSE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
REGARDING THE ADDITION OF CHANNEL PROPERTIES TO THE LICENSE;
THE USE OF FLOOD CONTROL CHANNEL FOR A REGIONAL TRAIL CONNECTION;
AND MODIFICATIONS TO THE INSURANCE AND LIABILITY PROVISIONS
WHEREAS, Zone 7 and the City of Dublin previously entered into that certain
License Agreement between the Zone 7 of Alameda County Flood Control and Water
Conservation District (Zone 7) and the City of Dublin (City) dated March 18, 1987, as
authorized by City Resolution No. 15-87 and Zone 7 Resolution No. 1244 (1987 Agreement);
and
WHEREAS, Zone 7 has agreed to allow City to use certain flood control
channel properties for maintaining parks and recreational facilities (Regional Trail
Connection) within said channel properties; and
.
WHEREAS, Zone 7 is agreeable to such use so long as said City improves,
maintains, and operates such park and recreational facilities in a manner that will not
interfere with the basic flood control purposes of the channel; and
WHEREAS, Zone 7 is agreeable to such use so long as said City shall hold
Zone 7 free from all liability and claims for damage in accordance with said 1987 Agreement
as modified by this Modification; and
WHEREAS, it is mutually agreed between Zone 7 and City to add additional
channel properties to the 1987 Agreement for the privilege of using said properties for park
and recreational facilities (Regional Trail Connection) use under the terms of said 1987
Agreement as modified by this Modification; and
WHEREAS, it is mutually agreed between Zone 7 and City to modify the
liability and insurance provisions of the 1987 Agreement pursuant to this Modification to
provide for liability based upon the respective duties of Zone 7 and City, and self insurance
by City;
.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does approve Modification No.1 to the 1987 Agreement between the City of Dublin
and Zone 7 of the Alameda County Flood Control and Water Conservation District, attached
hereto as exhibit A, and authorizes the Mayor to execute same.
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PASSED, APPROVED AND ADOPTED this 8th day of August, 1995.
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AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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B:Bgenmisc\reszn 7-1-1
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RESOLUTION NO. 15 -87
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF
ALAMEDA, ZONE 7 FLOOD CONTROL AND WATER CONSERVATION DISTRICT, FOR JOINT USE
OF ALAMO CREEK THROUGH DOUGHERTY PARK AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, the City Council of the City of Dublin previously
approved plans for a park facility along Alamo Creek; and
WHEREAS, the Alameda County Flood Control and Water Conservation
District, Zone 7, now maintains Alamo Creek as their facility; and
WHEREAS, an agreement has been reached between the City of Dublin
and the Alameda County Flood Control and Water Conservation District, Zone 7,
regarding joint use of the creek;
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin approves this joint use license agreement and authorizes the Mayor
to execute same.
PASSED, APPROVED, AND ADOPTED this 23rd day of February, 1987.
AYES: Cm. Hegarty, Moffatt, Snyder, Vonheeder, and Mayor Jeffery
NOES: None
ABSENT: None
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City Clerk
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AGREEMENT
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THIS LICENSE AGREEMENT, made and entered into this
18th
day
of
March
, 19~, by and between ZONE 7 OF ALAMEDA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic,
hereinafter referred to as "Licensor," and the CITY OF DUBLIN, a Municipal
Corporation, hereinafter referred to as "Licensee,"
WIT N E SSE T H
----------
WHEREAS, Chapter 5 of Division 7 of the Government Code of the State
of California authorizes and empowers any two or more public agencies to
jointly exercise by agreement any powers common to the contracting powers; and
WHEREAS, both parties are authorized by the acts governing them to
plan, improve, maintain and operate facilities and parks for public
recreation; and
.
WHEREAS, Licensor, as a portion of its authorized Zone 7 Project,
will accept certain rights-of-way for the improvement of channels for flood
control and water conservation purposes; initially a portion of Alamo Creek,
also known as Line F of Zone 7; and
WHEREAS, Licensee has indicated its desire that these channels be
developed so that a park-like atmosphere can be created within and about the
channel; and
WHEREAS, Licensor is agreeable to such use so long as said Licensee,
improves, maintains and operates such park areas in a manner that will not
interfere with the basic flood control purpose of the channel and shall hold
Licensor free from all liability and claims for damages as described in
Section X, "LIABILITIES".
.
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NOW, THEREFORE, BE IT MUTUALLY AGREED that for and in consideration
4It of the premises herein and the covenants hereinafter contained and the mutual
benefits to be derived by both parties, Licensor hereby confers upon Licensee
the License and privilege to use certain real properties for a park and
recreational use. The first of said properties shall be known as Alamo Creek
(Line F, Zone 7), but may be supplemented from time to time by assent of the
parties. The description of such additional properties, when agreed upon by
Licensor and Licensee, shall be noted by attachment to this agreement.
Subject to Licensor's superior rights of possession, such License shall be for
the purpose of improving, maintaining and operating recreational facilities.
Licensee accepts said License and responsibility, and both parties agree to
the conditions hereinafter set forth:
SECTION 1. PROPERTY RIGHTS
.
This License and its acceptance and exercise grants no property
interest or estate in the aforesaid real properties to Licensee other than as
herein set forth.
SECTION II. TERM
This License is granted for a term of twenty-five (25) years from the
date hereof with an option to Licensee of renewal for additional periods of
twenty-five (25) years thereafter upon application therefor accompanied by.a
showing of faithful exercise thereof according to the convenants herein;
either this original grant or any renewal thereof to be subject to termination
under the covenants provided herein to govern such termination.
.
(2)
SECTION III. NON-EXEMPTION
.
This License does not and shall not be interpreted to grant Licensee
any rights to proceed with such improvement, maintenance or operation
thereunder without compliance with all applicable Federal or State laws or
local ordinances or the obtaining of permits or authorizations required by any
other public agency, nor ahall it be construed as authorizing any zoning
variance or establishing any precedent for similar variance except as provided
for under Section X hereof.
SECTION IV. REAL PROPERTY
This License shall apply to real property within the Zone 7 Project
acquired by Licensor in and about the City of Dublin. The initial property
referred to herein as Alamo Creek is shown as Lot F of Tract 5511 which is on
file with Licensor and Licensee and which is attached hereto and made a part
.hereof as Exhibit A. Subsequent properties to be improved as provided in this
agreement shall be noted on improvement plans for tracts or other plans which
shall be filed with Licensor and Licensee. Licensor shall retain the right to
sell or change areas, but in the event that Licensee is damaged by such
action, Licensee shall be compensated for any damage to facilities which it
has installed.
SECTION V. PAYMENT
, This License shall not require payment of any rent or other charges
to Licensor by Licensee for the use of the aforesaid real property for the
purposes for which it is granted.
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(3)
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SECTION VI. NATURE OF USE
This License is granted solely for the purpose of authorizing
Licensee to provide such improvements, maintenance and operation of park and
recreational facilities for general public use without discrimination as to
place of origin, race, age, or religion. Such use by Licensee or public shall
be at all times subject to the primary use of the aforesaid sites for purposes
of flood control and water conservation.
SECTION VII. MASTER PLANS
The development of park sites on properties specified herein shall be
in accordance with the plans prepared by Licensee and approved by Licensor.
Said plans shall serve as a general guide for the orderly installation of
improvements and equipment for park and recreational purposes as funds become
4Itavailable to Licensee for expenditure thereof. Said plans include a map, or
maps, showing the location of the general areas to be improved aod the type of
improvement to be constructed, a s~hedule for the development of the
improvements shown on said map or ciaps, and a listing of the specific
improvemeots to be constructed.
SECTION VIII. PLANS AND SPECIFICATIONS
Prior to the installation of any permanent structure, facility or
improvement, Licensee shall submit plans and specifications for the proposed
additions to Licensor. The structure, facility or improvements shall not be
initiated by Licensee until written approval is executed by the Licensor's
General Manager.
.
(4)
Said General Manager shall give his consent unless such structures,
. facilities or improvements would interfere with the primary use of said areas
for flood control, drainage, or water conservation purposes.
SECTION IX. MAINTENANCE AND OPERATION
Licensee shall cause the park and recreational facilities established
pursuant to this agreement to be maintained and operated in an orderly, safe,
and sanitary manner. Licensee may assign all of its rights, duties and
liabilities under this License to another agency provided that such assignment
is agreeable to Licensor and provided further that such agency gives written
notice to Licensor that it accepts all of the rights, duties and liabilities
imposed upon Licensee under this agreement.
Licensee shall adopt such rules and regulations it deems necessary to
facilitate the orderly operation and control of the use of such properties by
4Itthe public for recreational purposes. If any such rule or regulation is
contrary to the primary interest of flood control, water conservation, or
drainage, or is deemed by Licensor to be not in its best interest as the
property owner, Licensor may give notice of such fact to Licensee and Licensee
shall change such rule or regulation in conformance to Licensor's request
insofar as it may legally so do.
Licensor shall be responsible for maintaining and operating the
property covered by this agreement as necessary for the purposes of flood
control and water conservation; Licensee shall be responsible for maintaining
and operating the property covered by the agreement as necessary for park and
recreation purposes including, but not limited to, facilities and landscaping
installed by Licensee.
.
(5)
SECTION X. LIABILITIES
. Licensee, insofar as it may legally so do, shall hold and save
Licensor free from all liability and claims for damages resulting from the
construction, maintenance, operation or public use of park and recreational
facilities or landscaping on the property and shall carry public liability and
property damage insurance or monetary coverage in an amount which will
adequately protect Licensor from all such liabilities or claims, such amount
to be no less than 51,000,000 each person and 51,000,000 each occurrence for
bodily injury or death and $1,000,000 on each occurrence for property damage.
These amounts shall be reviewed by the parties every five years, and increased
by no less than the amount of increase in the Consumer Price Index for the
Oakland - San Francisco SMSA. Policies for such insurance shall name Zone 7
.
of Alameda County Flood Control and Water Conservation District, Alameda
County Flood Control and Water Conservation District, the County of Alameda,
their officers, agents and employees as additionally insured and copies
thereof, certificates of payment of premiums thereon, or other proof of
insurance or monetary coverage acceptable to Licensor, shall be furnished
Licensor by Licensee. It is agreed that such insurance or monetary coverage
as is afforded by the policy to Zone 7 of Alameda County Flood Control and
Water Conservation District, et. al., shall apply as primary insurance or
monetary coverage. No other insurance or monetary coverage effected by Zone 7
of Alameda County Flood Control and Water Conservation District, et a1., shall
be called upon to contribute to a loss covered by the policy. Licensee shall
be liable to Licensor for any damages to the properties licensed hereunder,
including, but not limited to, damage to trees, erosion of soil, or damages to
any improvement made or to be made by Licensor for water conservation or flood
. control purposes whether such damages are caused by the activities of Licensee
on the properties improved by it or by third parties.
(6)
If Sections 1941 and 1942 of the Civil Code of the State of
. California pertain to the licensing of real property as herein contemplated,
then Licensee expressly waives the provisions thereof.
SECTION XI. COSTS AND EXPENSES
By its approval of recreation facilities Licensor in no way assumes
any liability or obligation whatsoever for any costs or expenses to be
incurred by Licensee under this License for the purposes for which said
License is made.
SECTION XII. RIGHTS AND DUTIES OF LICENSOR
Notwithstanding any provisions elsewhere in this License, it is
understood and agreed by Licensee that the primary purposes for which Licensor
has acquired and owns the subject sites are flood control and water
. conservation and that operations in furtherance of said purposes must take
precedence over any and all other uses of the subject sites. Licensor shall,
however, furnish Licensee reasonable notice of any flood control or water
conservation operations which would affect the facilities or operations of
Licensee and shall keep Licensee informed of any conditions or plans which
might result in such operations.
It is agreed that, during the existence of this License, Licensor
shall have all reasonable and necessary rights of entry to the subject sites,
including the right to alteration or repair and maintenance and operation of
its facilities for flood control or water conservation.
.
(7)
SECTION XIII. MODIFICATION
.
If, during the life of this License, it becomes necessary to amend or
add to the terms, conditions, scope or requirements of this License, such
amendment or addition shall only be made after mutual agreement of the parties
hereto and the execution of a modification of this License.
SECTION XIV. NOTICES
All notices or other writings in this License provided to be given or
made or sent, or which may be given or made or sent, by any of the parties
hereto to the others, shall be deemed to have been fully given or made or sent
when made io writing and deposited in the United States mail, registered or
certified, postage prepaid, and addressed as follows:
To Zone 7:
General Manager
Zone 7, Alameda County Flood Control
and Water Conservation District
5997 Parkside Drive
Pleasantoo, CA 94566
.
To City:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
The address to which any notice or other writing may be given or made
or sent to any of the parties may be changed upon written notice given by such
party as above provided.
.
(8)
IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate
~names to be affixed hereto by their respective officers authorized so to do
the day and year first above written.
By
ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
!
I
By
~Q.(;u
of Directors
APPROVED AS TO FORM:
RICHARD J. MOORE, COUNTY
By
.
.
(9)