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Home My WebLink About8.1 Rec Use License Agmt CITY CLERK File # Drn@]~-[Y][] AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 16,2007 SUBJECT: Approval of First Amendment to Recreational Use License Agreement with the Alameda County Flood Control and Water Conservation District (Zone 7) Report Prepared by: Mark Lander, City Engineer ATTACHMENTS: 1) Resolution Approving First Amendment to Recreational Use License Agreement with Zone 7, together with Exhibit "A," First Amendment to Recreational Use License Agreement, including Exhibits "A" and "B-7," Maps of Licensed Areas Vicinity Map Maintenance Responsibility Chart 2) 3) RECOMMENDATION: (] JI\,.. AdOP, t the Res9lution approving the First Amendment to the ~ ~"r Recreational Use License Agreement with Zone 7. FINANCIAL STATEMENT: The pedestrian/bicycle path within the segment of Tassajara Creek to be added to the Recreational Use License Agreement with Zone 7, stipulates that ongoing maintenance of the pedestrian/bicycle path will be the City's responsibility. Funds are available in the current Fiscal Year Street Maintenance and Landscape Budgets to cover the cost of maintaining this additional portion of the trail. DESCRIPTION: In 1987, the City of Dublin entered into a License Agreement with Zone 7 that allowed public' use of Zone 7 property along the bank of Alamo Creek for park and recreational use. This License allowed the City to construct and operate a multi-use trail for bicycles and pedestrians. The License was subsequently modified in 1995, 2000, 2002 and 2003 (twice) via Modification Nos. 1, 2, 3, 4, and 5 to include segments of the Alamo Canal, Line J-6, South San Ramon Creek, Tassajara Creek, and Alamo Creek. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - COPIES TO: Dennis Gambs, Zone 7 Water Agency Page 1 of2 ITEM NO. g.{ G:\DEVELOPMENT, PRIV ATE\Zone 7 Recreational License Agreementlagst 1st Amendment to Z7 Recreational Use License Agmt Tassajara Creek, IO-16-07.doc The 1987 Agreement and various Amendments were consolidated into a single Recreational Use License Agreement, approved by the City on February 15, 2005. The new Agreement included the Iron Horse Trail, Alamo Canal, Alamo Creek, and Tassajara Creek Regional Trail. Greenbriar Homes has completed construction of the Tassajara Creek Trail through Tract 7414, Tassajara Creek Phase III, and Lot 131 of Tract 7075, Tassajara Creek Phase I. These improvements extend the trail from its current northerly terminus at Somerset Drive to the East Bay Regional Park District Staging Area on Tassajara Road. These trail improvements were accepted by the City on September 18, 2007. The trails are constructed on parcels which will be accepted by Zone 7. The Recreational Use License Agreement requires an amendment to add this portion of the trail to the Agreement. Under the terms of the agreement, flood control maintenance of the creek parcels will remain with Zone 7. The License Agreement will transfer the maintenance obligation and liability for the path and adjoining landscaping from Zone 7 to the City. The City will in turn delegate responsibility for trail operation and maintenance to the East Bay Regional Park District (under the terms of the existing sublicense agreement, which includes a provision to include this portion of the trail upon its acceptance by the City), and landscape ma}ntenance to the Tassajara Creek Maintenance Association (under a separate amendment to the existing agreement with the Association). Upon execution of this Amendment to the Agreement, the City will have continuous license rights or easements for a 7,700-foot trail from Dublin Boulevard north to the East Bay Regional Park District staging area on Tassajara Road, including connections to Emerald Glen Park. Staff recommends that the City Council adopt the Resolution approving the First Amendment to the Recreational Use License Agreement with Zone 7. Page 2 of2 I~q RESOLUTION NO. - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING FIRST AMENDMENT TO RECREATONAL USE LICENSE AGREEMENT 'BETWEEN CITY OF DUBLIN (CITY) AND ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ZONE 7) ADDING TASSSAJARA CREEK REGIONAL TRAIL WITHIN TRACT 7414 AND LOT 131 OF TRACT 7075 WHEREAS, Zone 7 and the City previously entered into a License Agreement on March 18, 1987, as authorized by City Council Resolution No. 15-87; and WHEREAS, the 1987 License Agreement and Modifications 1-5 were replaced by a Recreational Use License Agreement between Zone 7 and the City on February 15, 2005, as authorized by City Council Resolution No. 16-05; and WHEREAS, the Recreational Use License Agreement includes the Tassajara Creek Regional Trail located within land owned by Zone 7; and WHEREAS, an additional segment of the Tassajara Creek Regional Trail has been constructed within Parcels A, B, C, and D (Assessor's Parcel Nos. 986-0031-002, 986-0032-002, 986-0032-003 and 986-0030-004) of Tract 7414, recorded June 28,2004, in Book 275 of Maps at Pages 66-80, and a portion of Lot 131 (Assessor's Parcel Number 986-0028-004) of Tract 7075, recorded on April 18, 2001, in Book 257 of Maps, Pages 47-61 ("Parcels"), Official Records of Alameda County; and WHEREAS, Zone 7 will accept title to the Parcels; and WHEREAS, the City intends to operate and maintain the Tassajara Creek Regional Trial within the Parcels; and WHEREAS, Zone 7 and the City have prepared an amendment to the Recreational Use LiCense Agreement to add the Parcels and the additional trail within these parcels to the Agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to the Recreational Use License Agreement between the Alameda County Flood Control and Water Conservation District (Zone 7) and the City of Dublin, attached hereto as Exhibit "A". BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, along with duplicate executed coPies of the First Amendment to the Recreational Use License Agreement to Zone 7 for the District's Board approval and processing. BE IT FURTHER RESOLVED that the Mayor is 'authorized to execute the agreement. 1 J:je.,."it ~., lollk/b1 ~ A'l'fACllMENT ,. '---. .~--- ~--- ---- c<~q PASSED, APPROVED AND ADOPTED this 16th day of October, 2007. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOPMENT, PRIV A TElZone 7 Recreational License Agreement\reso 1 st amendment 27 Recreational Use License Agmt, 10-16-07 .doc 2 ff( ~~q " A05-23-DUB Ml I I V AMENDMENT NO. 1 TO THE RECREATIONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ZONE.7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERV ATIONDISTRICT i THIS AMENDMENT TO THE RECREATIONAL USE LICENSE AGREEMENT ("AMENDMENT"), is entered into by and between the Zone 7 of Alameda County Flood Control and Water ConservationlDistrict, a body corporate and politic, hereinaftetreferred to as "ZONE 7", and the City of Dublin, a Municipal Corporation, hereinafter referred to as "CITY". RECITALS This AMENDMENT is entered into on the basis of the following facts, intentions and understandings of ZONE 7 and CITY hereto: WHEREAS, ZONE 7 and CITY previously entered into that certain Recreational Use License Agreement between the Zone 7 of Alameda County Flood Control and Water Conservation District and the City of Dublin dated February 16, 2005, as authorized by City Resolution No.16-05 and Zone 7 Resolution No.05-2722 ("LICENSE"); and WHEREAS, ZONE 7 has agreed to allow CITY to use certain flood control channel _properties (LICENSED AREAS) to construct, improve, maintain and operate the LICENSED AREAS for park and recreation purposes; and WHEREAS, it is mutually agreed between ZONE 7 and CITY to add additional channel properties to the LICENSE for the privilege of using said properties for park and recreational facilities.use under the terms of said LICENSE as modified by this AMENDMENT; and NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the receipt and adequacy ofwhich is hereby acknowledged, ZONE 7 and CITY hereby agree to the following AMENDMENT: 1. LICENSED AREAS to be added to LICENSE, as provided under Section 3, are the Tassajara Creek properties delineated in Exhibit "B-7", which is attached hereto and made a part hereof and more particularly described as follows: a. Parcel A, Parcel B, Parcel C and Parcel D of Tract Map 7414, filed June 28, 2004, in Book 275 of Maps. Pages 68 through 80, Official Records of Alameda County. Assessor's Parcel Numbers: 986-0031-002 (Parcel A), 986-0032-002 (parcel B), 986-0032-003 (Parcel C) and 986-0030-004 (Parcel D) EXBIBlTA To the Resolution l' O;fq A05-23-DUB Ml b. Being a portion of Lot 131 as shown on Tract 7075, filed on April 18, 2001, in Map Book 257, Pages 47-61, Official Records of Alameda County and being more particularly described as follows: Commencing at the northwestern comer of said Lot 131; thence along the northern line of said Lot 131, South 86035' 44"East, 272.59 feet to the point of beginning; thence continuing along said northern line, South 86035' 44" East, 333.31 feet to the eastern line of said Lot 131; thence along said eastern line for the following five (5) courses: (1) South 46003'01" West, 22.15 feet; thence (2) South 64047'01" West, 80.00 feet; thence (3) South 31009'01" West, 91.00 feet; thence (4) South 46046'01" West, 43.00 feet; thence (5) South 00001 '59" East, 7.84 feet to the southern line of said Lot 131; thence along said southern line, North 86035'45"West 242.04 feet; thence leaving said southern line, North 03057'06" West, 64.36 feet; thence North 37005'58" West, 132.71 feet to the point of beginning. Assessor's Parcel No. 986-0028-004 (portion) 2. Park Maintenance and Operation Responsibilities of CITY and its Authorized Agents. a. Park and Recreational Improvements, as denoted under Section 7a. ofthe LICENSE, shall also include all vegetation/landscaping, irrigation systems, fencing, "frog pond", and stream restoration areas. b. CITY maintenance responsibilities shall include all monitoring and regulatory compliance activities associated with the frog pond and stream restoration area located within the LICENSED AREA. c. Creek channel bank related maintenance and repair obligations resulting from, in connection with or necessitated by CITY's use ofthe LICENSED AREA or exercise of privileges granted under the LICENSE, shall be at the sole cost of CITY. 3. Duties of Zone 7. ZONE Ts maintenance and repair obligations shall be limited. solely to that which, in ZONE Ts sole and reasonable discretion is determined to be necessary for ZONE Ts flood control and water conservation related needs and/or activities. 4. In all other respects, the terms and provisions of the LICENSE are to continue in full force and effect. 2 6~q A05-23-DUB Ml IN WITNESS WHEREOF, ZONE 7 and CITY have caused their corporate names to be affixed hereto by their respective officers authorized to do so. ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER DISTRICT CITY OF DUBLIN By: Janet Lockhart Mayor, City of Dublin By: G. F. Duerig General Manager, Zone 7 , APPROVED AS TO FORM: APPROVED AS TO FORM: AMY NAAMANI, GENERAL COUNSEL CITY ATTORNEY By: By: General Counsel City Attorney Date: Date: ATTEST: ATTEST: By: By: Secretary, Board of Directors City Clerk 3 Q\-- * "-.9- ,1' .... Q) ",'l,l_ Q) "~ __ L.. ",)Iii_ 0) ~!j " o o N .: .8 ~ ..a,..J c: 0 CIJ 0 1.1) ... E .-t ..!!! CIJ IV ::J 0- CIJ QJ L. .r:. u Cl c: <( .-t CIJ Ul Ul CO c: Q) Q) L. U <( -- -I '1::J CIJ CIJ Ul Ul c: :::> Q) u CO -- c: -I tI) .9! 0 CIJ :EN -- '1::J ., ..a,..J CO -- ~ CIJ L. I U >- CIJ ..a,..J -- 0:: U - , - <( - - ..a,..J -- ..c -- ..c X w . ','1. .r:. ... IU a. ~ in ... 01 c: (J) '" :p IU d (J) QJ 'x L. W <{ ... "0 .-t QJ (J) (J) c: (J) QJ .!!! u U :::i o Exhibit IB-7" Recreational Use License Agreement 1 ~Cj Tassajara Creek Licensed Areas ------. Class 1 Bike Path Licensed Areas 1 inch equals 400 feet ~. r Octob~ EDIT ..8:.7. To the Agreement 0.05 g ~ ~ .~ '1@ ~g "'I:i !<!i! wffi !l:j!; !i ffi~ 'liil!!!ffi ~ ~:> o -'l~ Z <::Ii 1 1 .0 0' ~ .: _0 . ~ ~ I!; ~ _.ll ~ ~ .1- ~ ~ 1. ;: "'-1 .~ ",.' IE ... "" W~~ 5 :> l~lS . . ot""l : .~!. effi~ :ES~vf , ~.~~~ . t" l5 ;;0.:: ~ gi~~ ~ ~~~"" c:l ~~"~! u. u ~. 0., is,,' gj ~~~,~ ;3 ~~ffi~ "- ~"'"' -'" :;:s"'f""",,- 8~~i;; :15~ . ~~~~ ~~~ @ , ... . ... i ~I ~ r. 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"- ""I::, -~il it! l;j~ ~'" \:)~ ~~ ;1/i1l1a H::JNf"I! ~NnBna Hma: ~ ill [:};b::. ....... .- ro ~ E--1 "@ ~ o .- bI) (!) ~ ~ (!) ~ U ro ~ '(;1 'eI) eI) ro E--1 1 I '" !;; N ~ ~ '~ .. !l .--I o Z +-l ~ (!) S '"d ~ (!) S ~ '" eI) ro (!) ~ ~ (!) eI) ~ (!) 'U .- ~ ~ (!) Z ATTACIIMEff Z. 4f~ 1 Maintenance Responsibility Chart Tassajara Creek (Tracts 7075,7279, and 7414) Zone 7 Creek Parcel Trail and Landscaping Agreements Zone 7 Owns Parcels in Fee, Performs Flood Control Maintenance Work I :;2:one 7 -City of Dublin License Agreement City of Dublin Operates and Maintains Trail, Landscaping, Stream Restoration Planting and Frog Pond City of Dublin - Tassajara City of Dublin - East Bay Creek Maintenance Regional Park District Association Sublicense Sublicense Agreement Agreement TCMA Maintains Landscaping, Stream Restoration and Frog EBRPD Maintains Trail Pond ATTACHHENT ~. ,,~- ~-