HomeMy WebLinkAbout8.2 Landscape Maint of Creek Parcels
CITY CLERK
File # Dua[QJ[[]-~
30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 16, 2007
SUBJECT:
Approval of First Amendment to Access and Maintenance
Agreement with Tassajara Creek Maintenance Association for
Landscape Maintenance of Creek Parcels Owned by 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 Access and
Maintenance Agreement with the Tassajara Creek
Maintenance Association for Landscape Maintenance of
Zone 7 Parcels, together with Exhibit "A", Amendment
Original Agreement
Vicinity Map
2)
3)
RECOMMENDATION: ~
~.J
FINANCIAL STATEMENT:
Adopt the Resolution approving the First Amendment to the Access
and Maintenance Agreement between the City and the Tassajara
Creek Maintenance Association.
Landscaping within property owned by Zone 7 will be maintained
by the Tassajara Creek Maintenance Association., and the City will
incur no additional costs.
DESCRIPTION: In 1987, the City of Dublin entered into a license agreement with the
Alameda County Flood Control and Water Conservation"District (Zone 7) that allows public use of Zone
7 property along the bank of Alamo Creek for trail, landscaping and recreational use. This license and
several amendments were replaced by the Recreational Use License Agreement on February 15, 2005,
expanding the license to cover the Iron Horse Trail (South San Ramon Creek), Alamo Canal Trail, Alamo
Creek Trail, and Tassajara Creek Trail.
The License Agreement included Parcels C, D, and E of Tract 7075 (Tassajara Creek Phase I). The City
entered into an Access and Maintenance Agreement with the Tassajara Creek Maintenance Association
on February 15, 2005, assigning responsibility for maintenance of landscaping within these parcels to the
Association.
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COPIES TO: Patrick Costanzo, Jr., GHC Investments
Page 1 of2
ITEM NO.
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G:\DEVELOPMENT, PRlV ATE\Zone 7 Recreational License Agreementlagst 1st amendment to Access and Maintenance Agreement, 1O-16-07"doc
The License Agreement is being amended (elsewhere on this agenda) to add Parcels A,B, C, and D of
Tract 7414, as well as a portion of Lot 131 of Tract 7075, to the Agreement, as these five parcels will
be accepted by Zone 7 for ownership. The parcels contain additional landscaping, plus a habitat
mitigation frog pond. This Amendment to the Access and Maintenance Agreement will assign
responsibility for maintaining the additiona11andscaping and habitat mitigation frog pond to the Tassajara
Creek Maintenance Association.
Staff recommends that the City Council adopt the Resolution approving the First Amendment to the
Access and Maintenance Agreement between the City and the Tassajara Creek Maintenance Association.
. Page 2 of2
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RESOLUTION NO. - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING FIRST AMENDMENT TO
ACCESS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF DUBLIN
AND THE TASSAJARA CREEK MAINTENANCE ASSOCIATION
WHEREAS, the Alameda County Flood Control and Water Conservation District (Zone 7) and
the City of Dublin previously entered into a License Agreement on March 18, 1987, as authorized by City
Council Resolution No. 15-87, allowing the 'City the use of certain flood control channel properties owned
by Zone 7 for park and recreational purposes, including trails and landscaping; and
, WHEREAS, said license agreement was replaced by a new agreement entitled Recreational Use
License Agreement (the "Licen~e Agreement") dated February 15, 2005, as authorized by City Council
Resolution No. 16-05; and
WHEREAS, the License Agreement was amended on October 16, 2007, as authorized by City
Council Resolution No. _-07, to add a new segment of the Tassajara Creek Regional Trail, from
Somerset Drive to a point 1100 feet to the north, to the channel properties governed by the License
Agreement, said segments being more precisely described as Parcels A, B, C, and D, (Assessor's Parcel
Numbers 986-0031-002, 986-0032-002, 986-0032-003, and 986-0030-004) of Tract 7414 recorded on
June 28, 2004, in Book 275 of Maps at Pages 66-80, and a portion of Lot 131 (986-0028-004) of Tract
7075, recorded on April 18, 2001, in Book 257 of Maps, Pages 47-61("Parce1s"), Official Records of
Alameda County; and
WHEREAS, the Tassajara Creek Maintenance Association ("Association") was formed to
maintain, among other improvements within the Tract 7075, landscaping, irrigation, a concrete rail fence
and a frog habitat mitigation pond ("Landscaping") within the Parcels; and
WHEREAS, the City desires to retain control of trail maintenance and transfer maintenance of
the Landscaping to the Association; and
WHEREAS, the License Agreement specifically allows the City to transfer and assign the rights
. and obligations under the License Agreement to the Association; and
WHEREAS, the City and the Association desire to enter into an access and maintenance .,
agreement for the parcels, defining the Association's obligation to perform maintenance and repair of the
Landscaping; and
WHEREAS, the City and the Association previously entered into an Access and Maintenance
Agreement (the "Agreement") with the Association on February 15, 2005, as authorized by City Council
Resolution No. 19~05, defining the Association's obligation to perform maintenance and repair of the
Landscaping; and
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WHEREAS, the Association will be assuming maintenance responsibilities for additional
landscaping improvements, including a frog habitat mitigation pond on Parcel D, within Parcels A,B, C
and D of Tract 7414 and Lot 131 of Tract 7075; and
WHEREAS, the City and the Association have prepared an Amendment to the Agreement to add
these parcels and the additiona11andscaping 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 Access and Maintenance Agreement between the Tassajara
Creek Maintenance Association 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 Access and Maintenance Agreement to the Association for the Association's Board approval and
processmg.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 16th day of October, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOP\Greenbriar@Tassajara Creek\reso access and maintenance Agmt w TCMA, 2-0] -OS.doc
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FIRST AMENDMENT TO ACCESS AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF
DUBLIN AND THE T ASSAJARA CREEK MAINTENANCE ASSOCIATION
This First Amendment to Access and Maintenance Agreement, dated as of October _, 2007 (this
"Amendment") modifies and amends that certain "Access and Maintenance Agreement between the City
of Dublin and the T assajara Creek Maintenance Association Relating to a Segment of the T assajara Creek
Regional Trail between Casterson Drive and Somerset Drive", dated February 15, 2005 (the "Agreement")
between the THE CITY OF DUBLIN as "the City" and THE T ASSAJARA CREEK MAINTENANCE
ASSOCIATION, a California mutual benefit corporation as the Association. The City and the Association
are referred to herein as the "Parties." Capitalized terms used herein and not otherwise defined shall have
the meanings ascribed to such terms in the Agreement.
RECITALS
A. The Agreement sets forth the respective rights and obligations of the parties with respect
to the certain landscaping and improvements associated with a public recreational trail along Tassajara
Creek, Pursuant to the Recreational Use License Agreement dated February 15, 2005 with Zone 7 of the .
Alameda County Flood Control and Water Conservation District (License Agreement), the City possesses
a license over certain Zone 7 properties within City. That License Agreement specifically allowed the City
to transfer and assign the rights and obligations under the Agreement to the Association
B. By that certain "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 Conservation District"
(License Agreement Amendment) dated October 16, 2007, the City and Zone 7 expanded the scope of
the underlying license agreement to include additional properties (Additional Properties) including Parcels
A, B, C, and D of Tract Map 7414, filed June 28, 2004, in Book 275 of Maps, Pages 68 through 80, and a
portion of Lot 131 of Tract 7075 , filed on April 18, 2001, in Map Book 257, Pages 47-61, Official Records of
Alameda County, as shown on Exhibits A and B-7 of the License Agreement Amendment.
C, The Parties desire to amend the Agreement in order to expand the Association's
maintenance obligations within the Additional Properties to perform maintenance and repair of certain
landscaping (including a habitat mitigation frog pond), irrigation system and a concrete wall on property
owned by Zone 7, pursuant to Article 3.1 (i) of the Maintenance CC and R's, and to provide agents of the
Association with the necessary access rights over properties owned by Zone 7 in order to maintain and
repair the associated improvements,
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, Agency and Developer hereby agree to amend the Agreement as follows:
Section 1.
Section 1 (d) Of the Agreement is hereby amended to read as follows:
D, Creek Parcel. Certain property owned by Zone 7 and over which the City
has a license to maintain a public recreational trail pursuant to the License Agreement,
shown as Exhibit B-6 of the License Agreement and more specifically Parcels C, D and E
of Tract 7075, recorded on April 18, 2001, at Book 257 of Maps, pages 47-61 in the Official
Records of Alameda County, as well as property shown as Exhibits A and B-7 to the
License Agreement Amendment and more specifically Parcels A, B, C, and D of Tract
7414, recorded on June 28, 2004, at Book 275 of Maps, Pages 68-80, and Lot 131 of
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Tract 7075, recorded on April 18, 2001; at Book 257 of Maps, Pages 47-61 in the Official
Records of Alameda County, and any other additional parcels that may be included under
any amendment to this Agreement.
Section 2. Association shall have access to newly defined Creek Parcel properties In
accordance with Section 2 of the Agreement.
Section 3, In the event of a conflict between the Agreement and this Amendment, this
Amendment will control. Except to the extent inconsistent with this Amendment, the Parties ratify and
confirm all of the terms and conditions of the Agreement.
WHEREFORE, the parties have executed this Amendment effective October .....:.., 2007
CITY OF DUBLIN
T ASSAJARA CREEK MAINTENANCE
ASSOCIATION
a California Nonpmfit Mutual Benefit Association
By:
Mayor
By:
By:
ATTEST:
By:
APPROVED AS TO FORM:
By:
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ACCESS AND MAINTENANCE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND THE lASSAJARA CREEK MAINTENANCE ASSOCIATION
RELATING TO A SEGMENT OF THE TASSAJARA'CREI;K REGIONAL TRAIL
BETWEEN CASTERSON DRIVE AND SOMERSET DRIVE
THIS ACCESS AND MAINTENANCE AGREEMENT is datli;d for reference this 15th day of
February, 2005 by and between. the City of Dublin, a California municipal' corporation ("CityH), and the
Tassajara Creek MaintE;in~nce Association, a California. nonprofit mutual benefit corporation
(" Association").
RECITALS
A, The City and Zone 7 of Alameda County Water and. Conservation District. a body
corporate and politic, ("Zone' 7") are parties to a license agreement entitled Recreational Use License
Agreement, dated February 15, 2005 ("the license AgreementH ~s defined . below). The License
Agreement grants the City a license over certain property, shown as. Exhibit 8-6 of the License
Agreement ("the Creek Parcel" as defined below), and owned by Zone 7 within the City for the purposes
of maintaining a public recreational trail. The License Agreement is attached as Exhibit A.
B. Section 7(a) of the License Agreement requires the City to cause certain improvements
within the Creek Parcel to be maintained' in an orderly, safe and sanitary manner at all times.
C, The Association was formed to maintain a precast concrete wall, certain landscaping and
an irrigation system located within certain property owned by the City that abuts Tassajara Road, and a
stream and restoration area and 'poSSibly a trial, if not maintained by others, located adjacent to Tassajara
Creek within property owned by Zone 7. The members of the Association are the owners of homes
adjacent to or in the vicinity 9f areas maintained by the Association.
D. The City has determined that it. and not the. Association will operate and maintain the trail
on the Creek Parcel but that the Association will maintain certain.landscaping and other improvements on
the Creek Parcel.
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E, The purpose of this Agreement. is to state the Association's Obligation to perform
maintenance and repair of certain landscaping, irrigation system and a concrete rail fence on property
owned by Zone 7, pursuant to Article 3:1 (i) of the Maintenance CC&Rs. and to provide agents of the
Association with the necessary access rights over properties owned by Zone 7 in order to maintain and
repair the Creek Parcel Improvements. '
NOW, THEREFORE, the parties agree as follows: .
Section 1. Definitions. All capitalized terms that are not defined in this Sublicense
Agreement shall have the meanings ascribed to them in the LIcense Agreement.
a. Agreement. ,This Access' and Maintenance Agreement.
b. Association. The Tassajara Creek Maintenance Association. a California nonprofit
mutual benefit corporation. .
c. City. The City of Dublin.
d, Creek Parcel, Certain property owned by Zone 7 and over which the City has a license
to maintain a public recreational trail pursuant to the License Agreeqlent, shown as Exhibit 8.6 of the
License Agreement and more sp~cifically Parcels C.. D and E of !ract 7075. recorded on April 18. 2001,
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at Book 257 of Maps, pages 47-61 in the records of Alameda County and any additional psrcels that may
be included under any amendment to this Agreement.
e. Creek Paree/lmprovements. The landscaping, irrigation system and concrete rail fence
on the Creek Parcel as shown in the Improvement Plans entitled Tassajara Creek Phase I, Tract 7075,
Landscape Plans, sheets 1"27, prepared by Thomas Baak and Associates, dated February 14, 2002 and
Tassajara Creek Phase II, Tract 7279, Landscape Plans, Sheets 1-19, prepared by Thomas Baak and
Associates, dated August 12, 2003. The Creek Parcellmprovernents shall not include the trail within the
Creek Parcel.
f. Maintenance CC&Rs, The Tassajara Creek Maintenance Association Declaration of
Restrictions (CC&Rs) recorded on December 28,2001 as Instrument No. 2001505671 in the records of
Alameda County, California and any amendments thereto.
g.
and politic,
I Zone 7, Zone 7 of Alameda County Water and Conservation District, a body corporate
Section 2. Access. Pursuant to the City's authority under Section 7.a of the License
Agreement, the Association. hss the right to access the Creek Parcel in. order far the agents of the
Association to inspect, m;;lintain, clean, repair,. and/or replace the Creek Parcel Improvem8i1ts,
Association acknowledges that, unless otherwise set forth In this Agreement, all of the covenants of the
City contained in the License Agreement applicable to the Creek Parcel Improvements are binding on the
Association as though it were the City. Should the terms and conditions of this Agreement conflict or be
inconsistent with the terms and conditions of the License Agreement, the terms of the license Agreement
shall prevail.
Section 3,.
......... ...-Malntenance and Operations.
a. Maintenance, The Association shall maintain the Creek Parcel Improvements in
accordance with the Maintenance CC&Rs, in particular in accordance with the requirements of Article 3 of
the Maintenance CC&Rs.
b. Assessments. The Association shall levy and collect assessments from its members as
required under Maintenance CC&Rs in order to seCure the necessary funds to perform its maintenance
and repair duties under Section 3a of this Agreement .
c. City Enforcement Rights. If the Association fails to perform the maintenance 'required
under Section 3.a of this Agreement and Article 3.1 of the Maintenance CC&Rs, 'the City may, but shall
not be obligated to, perform such maintenance. On demand, the Association shall immediately reimburse
the City all costs incurred by the City in performing the maintenance, including reasonable overhead costs
incurred by the City in performing the maintenance and other such costs in connection therewith. The
Association, if necessary, immediately shall levy, collect and enforce necessary assessments agsinst the
lot owners to recover the necessary funds to reimburse the City, pursuant to Article 3.4 of the
Maintenance Ce&Rs.
d. Landscaping and Weed Abatement. Associatio,n will keep the Creek Parcel
Improvements free from weed,S and .other vegetation in accordance, with City weed-abatement
requirements.
e. Trash Collection, Association will keep the Creek Parcel Improvements free from trash
and other refuse.
f, Vandalism. Association shall, at its own expense, promptly repair all damage to the
Creek Parcellmprovements,.and to existing and future utilities on the Creek Parcel Improvements caused
by users of the Creek Parcel.
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February 15. 2005
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Section 4. Term. The term of this Agreement shall remain in effec~ until such time as the
license Agreement is terminated or no longer effective. Notwithstal1ding the foregoing, if the License
Agreement is terminated or becomes ineffective, the Association's obligations under Section 3 of this
Agreement shall survive termination of this Agreement but shall be suspended until such time as the City
has sufficient rights to grant the Association the right of access to the Creek Parcel. If the City
subsequently acquires rights over the Creek Parcel sufficient to allow the City to grant the Association the
right to access the Creek Parcel for the purpose of maintaining the Creek Parcel Improvements, the
Association shall enter into a commercially reasonable amendment to this Agreement or a subsequent
Agreement that would authorize the Association enter onto the Creek Parcel for the purposes of
maintaining the Creek Parcellrnprovements and that would again obligate the Association to maintain the
Creek Parcel Improvements.
Section 5. Zone 7's Title and Superior Rights. Association acknowledges Zone 7's title in
and to the Creek Parcel and agrees not to assall or resist Zone 7's title. Association further
acknowledges that its rights to use the Creek Parcel are subordinate to the City's uses of the Creek
Parcel. Association also acknowledges the City's right to suspend, limit, and revoke the Association's
use 6f the Creek Parcel, upon written delivery of written notice of suspension. limitation or revocation to
an authorized agent of the Association. Should its right to use the Creek Parcel be suspended. limited, or
revoke, Association agrees that any costs associated with the Associa.tion's inability to use the Creek
Parcel shall be borne solely by the Association.
Section 6.' Indemnification. Association shall indemnify, defend, protect and hold Zone 7
and the City harmless from and against all claims by reason of any injury to or death of any person and
damage to any property, of any kind whatsoever arising out of. resulting from, or in any way related to the
acts or omissions of Association. its board of directors. officers or employees, arising out of this
Agreement.
Section 7. Insurance. The Association shall maintain the insurance required under Section
6.1 of the Maintenance CC&Rs. Notwithstanding, the foregoing, if requested by. the City in writing, the
Association shall increase the coverage amounts by an amount roecessary to equal the coverage
amounts required of the City by Section 12 of the License Agreement. The. Association shall name the
City and Zone 7 as additional insureds, and upon request from the City, which may be made from time to
time, submit to the City insurance certificates confirming that the required insurance is in place_
Section 8.
Miscellaneous.
a. Amendment~. This Agreement may be amended from time to time with the written
consent of the parties. For purposes herein, the Board of Directors of the Association shall have full
power and authority to cpnsent and approve any amendment on Qehalf of the Association and the
consent of the members of the Association shall not be required unless specifically required by operation .
of law or by the Maintenance Ce&Rs. Any amendment shall be effective when signed by authorized
agents of the respective parties and recorded in the records of Aiameda County, California,
b. Assignment, The Association may not transfer or assign any of its rights or duties under
this Agreement without the prior ....,ritten consent of the City and Zone 7, Which consent may be granted or
withheld in their sole discretion. .
c. Entire Agir:!ement and Amendments. This Agreemer:t and the exhibits attached hereto
represent the entire agreement between the parties in connection with the subject matter cont;;lined
herein; and this Agreement supersedes and replaces any and all prior and contemporaneous
agreements, understandings and communications between the parties, whether oral or written, with
regard to the subject matter. hereof. This Agreement may not be modified or amended except in a writing
signed by the parties bound by this Agreement.
d. Attorneys' fees. If any party named herein brings an action or proceeding to enforce the
terms hereof or declare rights hereunder, the prevailing party in any such action (or proceeding), on trial
732579.1
February 15, 2005
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or appeal, shall be entitled to reasonable attorneys' fees to be paid by the losing party as fixed by the
Court (or if applicable, the arbitrator).
e, Counterparts, This Agreement shall be executed in counterparts, and all counterparts
shall be as one Agreement.
Section 9. Notices. All notices or other writings required to be presented by this Agreement
shall be deemed to have been made when deposited in the United States mail, registered or certified,
postage prepaid, and addressed as follows:
City of Dublin:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568 " _ r 1
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Tassajara Creek Maintenance Association:
Section 10. Exhibits. The following exhibit is attached hereto and made part of this
Agreement by this reference:
Exhibit A.
Recreational Use and License Agreement between the City of Dublin and Zone 7
Water Agency, dated February 15, 2005.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
CITY OF DUBLIN
TASSAJARA CREEK MAINTENANCE
ASSOCIATION
By; D~M
Its if.;,:)./ ~ .~
{fkJZY~AfLb/
ATTEST:
APPROVED AS TO FORM:
{fLkL. k: ~L
City Attorney
732579.1
February 15, 2005
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ALL-PURPOSE ACKNOWLEDGMENT
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i personally appeared flA-Tt2., ( (j; C err'!..tv ,2..-0, \TJe... t
.1 Wpersonal.IY known to me - OR- D /"""""", e 0 e sa i.
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t. acknowledged to me that hclshehhey executed i
the same in his/h0F.'their authorized ,
i capacitytre-s), and that by his/h&f/lheir i
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or the entity upon behalf of which the ,
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Mvcomm. ExpNtNt 16. WITNESS my hand and official seal.
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OPTIONAL INFORMATION
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VALT.EY.SIBRRA.800.362-3369
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RECREATIONAL USE LICENSE AG~EMEI':IT
THIS LICENSE AGREEMENT (he~inaft8r "LICENSE'"), Is made and entered into this 16th
day of.February, 2005, by and betwee.., Zone 7 of Alameda County Flood Control and Water
Conasrvation District, a body corporate and politic (hereinafter "zONE 7") and the City of
Dublin, 8 Municipal Corporation (hereinafter "CITY').
RECITAL
A. "Both parties are authorized by the acts governing them to plan, improve, maintain ar'ld
operate faclli1ies and parks for public recreation;
B. ZONE 7 ha$i accepted and/or will be accepting cartain rights of way (hereinafter
"L1CENSED AREAS"). which can be used for park and recreation uses in accordance
wIth this LICENSE AGREEMENT and amendments thereto;
C. CITY has indlC81ted 11s desire that these rights of way be developed so that a par1<..like
atmosphere can be created within and about the LICENSED AREASi
D. The purpose of this LICENSE AGREEMENT is to an1l!)nd and super:sede the original
License Agreement entered into by the CITY and ZONE 7 on March 18, 1957, and all
modifications thereto: and ."
E. ZONE 7 is agreeable to such usa by CITY on the LICENSED AREAS and hereby grants
a non-exclusive LICENSE for said use upon the following terms and conditions.
NOW, THEREFORE. BE IT MUTUALLY AGREED as follows:
1. Permitted Use. Subject to the terms of this LICENSE, the CITY Is permitted to construct,
improve, maintain and operate the I.ICENSEO AREAS for park .and recr~tic;m purposes.
2. Lioansed Areas. The LICENSED AREAS are identified In Exhibit A (Location Map) and more
particularly described and delineated In Exhibits B-1 through 6-6, which are attached hereto and
made a pan hereof,
3. Additional Licensed Areas. Additional LICENSeD AREAS, as mutually agreed upon by CITY
and ZONE 7, may be added by wl'itt~n amendment to this LICENSE.
4. License Fee. This LICENSE shall not require payment of any rent or other Charges to ZONE 7
by CITY for the use of the LICENSED AREAS"for the purposes for which it is pennitted.
6. Term of License.
a. The term of this L.ICENSE shall be for twenty-five (25) years from the date of execution
of this LICENSE with an option to CITY of renewal for additional periods of twenty-five
(25) years thereafter upon application therefore accompanied by a showing of faithful
exercise thereof according to the covenants herein; eith$f this original LICENSE or any
renewal thereof to be subject to 1ermination under the covenants provided herein to
govern such termination. Renewals shall be subject to updating the conditions on use
of the LICENSED AREAS.
b. CITY's obligations under Section 11 C'lndemnitylt) and Section 13 ('Waiver of Claims")
shall survive the termination of this LICENSE.
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h. CITY i!lgrees to accept this LICENSE to the LICENSED AREAS on an "as-isW basis, and
ZONE 1 has no obligation for maintenance or repair of LICENSED AREA.S during the
term of this LICENSE.
l. CITY shall be solely responsible for .any damage or loss to CITY's improvements
resulting from theft or vandalism or resulting from any other cause. ZONE 7 shall not
provide seourity for CITY's improvements nor LICENSED AREA in general. ZONE 7
shall not be responsible for any loss Of damage suffered by CITY (Including direot or
indirect loss or damflge, or incidental or ConSGQuentialloss or damage) resulting from
any damage to CITY's improvements or loss of use thereof suffered in connection with
this LICENSE.
j. Suspension or Limitation of Use: ZONE 7 shall have the right, without liability to CITY,
to suspend any licensed uses temporarily or to limit this LICENSE and the use of the
LICENSED AREAS by the CITY during such periods of time as ZONE 7 d9tenninBS
that such suspension or limitation Is necessery in the interest of public safety, national
security. or the operation or maintenance of its flood or water facilities. "Zone 7 will
provide notice of its determitlation to suspend or limit use to CITY pursuant to section
14 of thlsLlcenS6 Agreement.
7. Park Maintenance and Ooe~tion
a. CITY shall cause any park and recreational improvementa to be constructed,
maintained and operated In an orderly, safe, and sanitary manner atall time5, Said
park and recreationellmprovements may include but not limited to: pathways10r
bicycle, pedestrian or equestrian uses, non-standard flood control fencing, Information
and warning signs and landscaping.
b, The removal of litter, vegetation and other items from the LICENSED AREA shall be the
responsibility of thtt CITY.
o. The LICENSED AREA may be subject to slides, erosion. subsidence, lIoodlng and
other damages. In the event that CITY's use of the LICENSED AREA is impacted by
such damages. ZONE 7 will make its beat efforts to repair ZONE 71$ f~clllties to Zona
7 standarde: however, such repairs will be subject to available funding and other
maintenance priorities as determined by ZONE 7 in its sole discretion. Repair of
damage to recreational facilities shall be the responsibility of CITY and at CITY's sola
cost. CITY shall pelform such repair, as CITY may deem necessary for proper and safe
operation of the LICENSED AREA,
d. In the performance of routine and/or emergency repair activities ZONE 7 will exercise
reasonable care to avoid removal or damage to existing CITY instaJIed structures and
improvements and CITY, at its sole cost. shall be responsible for any reinstallation,
repair or rec::ot'1~trl,J~iDn work.
B. CITY agrees to give Zone 7 reasonable notice of its major maintenance activities
that may conflict with ZONE 7's maintenance of its flood control channel. Major
maintenance activities inClude but are not limited to work on any permanent structure.
facility and/or vegetation work that may conflict with ZONE 7's maintenance of its flood
control channel prO~~l1iG',
.-.1.. ,rI"'t..~^,..
s
I)~ ~) 1
and claims for damages or decreases In the'vt3ll)E;l of adJolnlng property. CITY shall have an
immediate and independent obligation to defend ZONE 7 from any claim which actually or
potentially falls within this indemnity provision even if suoh allegatIon is or may be groundlessi
fraudulent or false, which obligation arises at the time such claim 15 tendered to CITY by ZONE
7 and continues at all time$ thereafter. CITY's obligatIons under this. Condition shall survive the
expiration or tennination of the LICENSE and modifications thereto.
12. Insurance Reaui~ment.l .
CITY shall carry pUblle.llablllty and property damage insurance or monetary coverage in an
amount which will adequately protect ZONE 7 from all such liabilities or claims, such amount
to be no le$$ than $1,000,000 each person and $1,000,000 each occurrence for bodily injury
or death and $1.000,000 on each occurrence for property damage. These amounts shall be
reviewed by the parties every five year5. and increased by no less than the amount of jncrea~e
In the Consumer Price Index for the Oakland - San Francisco SMSA Policies for such
insurance shall name ZONE 7 Of Alameda County Flood Control and Water Conservation
District, Alameda County Flood Control and Watbr Conservation District, the County of
Alameda, their officers. agents and umployees as additionally Insured and copies thereof.
certificates of payment of premiums thereon, or other proof of Insurance or monetary coverage
acceptable to ZONE 7, shall be furnished ZONE 7 by CITY. It is agreed that such insurance or
monetary ooverage as Is affor.ded by the policy tO,ZONE 7 of Alameda County Flood Control
and Waoor Conservation District, at al., shall apply as primary insurance or monetary coverage.
No other Insurance or monetary coverage effected by ZONE 7 of Alameda County Flood
Control and Water Conservation District, et aL, shall be called upon to eOr'ltribute to a los!
covered by the policy.
CITY has the right and option to self-insure the requirements under this Section 12 upon written
notice to ZONE 7 that CITY assume:;; the obllgstlonsln the place and stead of any insurance
carrier, any reference to failure to coverage notwlt"$t<I~dlng. In the event that CITY elects to
self~in8ure. CITY ehall proVide to ZONE 7 a certificate or other evidence of &olf-insuranoe
acceptable 10 ZONE 7.
13. Waiver of Claims
CITY fully releases, waives, and discharges forever any and all claims. demands, rights end
cause of action against. and covenants not to sue, Indemnities, under any pre$Ellnt or future
laws, statutes, or regulations: (a) for any claim or event relating to tha condition of the SITE
or CITY's use thereof: or (b) in the event that ZONE 1 exercisGs Its right to suspend, revoke
or terminate the LICENSE.
14. Duties.Q(ZONE 7. ZONE 7 agrees to give CITY reasonable notice of flood control and water
management operations and maintenance which would affect recreational facilities or park
operations of CITY and keep CITY informed of any conditions which might result in such
Op$fatior'ls lIr'1d meir"ltenance. ZONE 7 further agrees to furnish any plans for improvements
to lh., LICENSED AREAS to the CITY for review and comments. ZONE 7 will maintain the
LICENSED AREAS to'the extent necessary for flood control and water management purposes.
Repairs to flood and water facilities/structures shall be the responsibility of ZONE 7 except when
such repairs arise from damage caused to these facilitiesfstrl)ctures by CITY. its officersj
., IA !')rt.r.;;;
5
)2> ~ 11
IN WITNESS WHEREOF, the parties hereto have executed this LICENSE on the dates
appearing below their respective authorized signatures.
ZONE 7:
Zon& 7 of Alameda County Flood Contro[
and Wilter Conservation District
CITY:
City of Dublin
By:
President
Zone 7 Board of Olrectors
By; .
JanetL.OCKhart
Mayor
Date:
Date:
Approved as to Form
Amy Naamani
Deputy Co unty Co Llnsel
Bv:
. ATTEST:
Kay Keck, City Clerk
APPROVED AS TO FORM:
Bizabeth Silver, City Attomey
7
Exhibit IlB-l" Recreational Use License Agreement
. South San Ramon Creek Licensed Areas Ilf 'f 11
Dublin lOts
Class 1, Existine, Bike Path
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Licensed Areas
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1lnc:h equals 600 feet
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IlN~ ~-p c:d~ In}.... _) iii'
HlW 1lDok>61.el, lI'C. lor Uti att of o..lIb,
1lI1C1ty.c:l'LIoam:e. InI ",lImllhO:lIll'llV''''
~,~1IIICl \\Ifllr~ DIItIk2-__
'Exhibit "6-311. Recreational US,e License Agreement
Alamo Creek Licensed Areas 15~ '1
Dublin Lots
-..........
Class 1, Existing, Bike Path
Llce.nsed Areas
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1 Inch equals 200 feet
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Exhibit uB-51! Recreational Use License Agreement,
Tassajara Creek Licensed Areas
Dublin lots
Class 1, Exl!;tlng, Bike Path
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Licensed Areali
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