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Home My WebLink AboutReso 232-02 Zone7 LicenseAgmt#3 RESOLUTION NO. 232 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING MODIFICATION NO. 3 TO THE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN (CITY) AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ZONE 7) REGARDING THE ADDITION OF A CHANNEL PROPERTY TO THE LICENSE 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, said License Agreement has been subsequently modified by Modification Nos. 1 and 2 dated August 8, 1995, and September 19, 2000, as authorized by City Council Resolution Nos. 93-95 and 170-00 respectively; and WHEREAS, Modification No. 3 will add the segment of Alamo Creek adjacent to the Park Sierra Apartments to the channel properties governed by the License Agreement; said segment is more precisely described in a Grant Deed from Park Sierra LLC to Alameda County Flood Control and Water Conservation District recorded as Series No. 2002230076 recorded on May 23, 2002; and WHEREAS, Zone 7 has agreed to allow the City use of said flood control channel properties for park and recreational purposes within said channel properties; and WHEREAS, Zone 7 is agreeable to such use so long as the City improves, maintains, and operates such park and recreational facilities in a manner that will not interfere with basic flood control purposes of the channel; and WHEREAS, Zone 7 is agreeable to such use so long as the City holds Zone 7 free from all liability and claims for damage in accordance with said License Agreement as modified; and WHEREAS, it is mutually agreed between Zone 7 and the City to add said Alamo Creek segment to the License Agreement for the privilege of using said parcels for park and recreational facilities use under the terms of said License Agreement as modified. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve Modification No. 3 to the License Agreement between Zone 7 of the Alameda County Flood Control and Water Conservation District and the City of Dublin, attached hereto as Exhibit "A", and authorizes the Mayor to execute same. 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 Modification No. 3 to Zone 7 for the District's Board approval and processing. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 17th day of December, 2002. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart NOES: None ABSENT: None AB STAIN: No ne ~/]y'_~e-~ .M~a~or ./~?_~ G:\CC-MTGSX2002-qtr 4~DEC\I 2-17-02~reso-zone 7 mod 3.doc (Item 8.1) G:~,GENMISC~,ESO ZONE 7 License Agmt Mod 3.doc 2 , cb (10 EXHIBIT "A" OF RESOLUTION NO. - 02 MODIFICATION NO.3 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 A CHANNEL PROPERTY TO THE LICENSE THIS MODIFICATION OF LICENSE AGREEMENT ("Modification") dated for identification as ,200_, 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 Modification 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 Zone 7 of the 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, two modifications (Modification NO.1 and Modification No.2) to the 1987 Agreement have previously been approved on August 8,1995, and September 19, 2000; and WHEREAS, Licensor has agreed to allow Licensee to use certain flood control channel properties for maintaining parks and recreational facilities (including bicycle/pedestrian pathways) 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 Modification; and WHEREAS, it is mutually agreed between Licensor and Licensee to add an additional channel property to the 1987 Agreement for the privilege of using said properties for park and recreational facilities use (including bicycle/pedestrian pathways) under the terms of said 1987 Agreement as modified by this Modification; 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 to the following modifications as follows: Page 1 of 2 ~ w , : 0: I:; 0 'It .- CD 10-- 0 -~ Il"l~ ., - 00 - 0 \R) - _l\I - .\\..... .. .. .. ,~ ~'5\o\9 .__ &r <l. ..J -- -,. s c>\; (10 . ..' t N -:. v .. 1._. .. . 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C' ~ 1- <:) EXHIBIT · A" TO MODIFICATION NO.3 ZONE7 ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT REFERENCES: APN: 941-205-42-2 E 7 - 2 68 PARCEL MAP 7157 (243 M 58) PAR C EL MAP 3206( 121 M 57) L IN E F ALAMO CREEK REAL PROPERTY TO BE ACQUIRED FROM PARK SIERRA, LLC . . DItAWN RB G. T1tACI:D CHI:CItI:D AP'YL. ItlEC. A..-aVItC DATE MARCH 2002. .CAUI: ,".. ao' R F":"'W95 ~-'I '7' A4-7.428 .----. ~ :"""-:... AGREEMENT TRIS LICENSE AGREEMENT, made and entered into this 18th day of . . , 19_~b by and between ZONE 7 OF ALAMEDA COUNTY FLOOD March 'CONTROL AND WATER CONSERVATION DISTRICT, abodyco'rporaee .andpolieic~ , .:. ".': ".'.- . . . hereinafter referred .t08.S -Licen.sor, - and the' . CITY OF DUBLIN ,a Muriicipal. Corporation~ hereinafter Teferred to as "Licensee," WIT!!.!!!T!!, . . . .. . 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 commonto.the contracting powers; arid' WEREAS~ both parties are atithorizedby the acts governing the1il to plan, improve,maintainand operate facilities. and parks.for public recreation; and WHEREAS, Licensor, as a port.ion of its authorized Zone 7 Project, will accept certain rights-of-way for the improvement of channels for flood control and water conservation purposes; initia11ya portion of Alamo Creek, also known as Line F of.. Zone 7; and WHEREAS, Licensee has indicated its desirethattttese 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 i.mproves,maintains and operatesLsueh. park areas in a manner that will not.. . . . . ip.terfere 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". ~Jl.. ~w ~jl 3. ,--"---,,,,-,,,,".,~,,,,~,,,,,,",.,....,,,,...~.,,..-.,,.,,.,,,~,,,, ".-..... .----.. SECTION III. NON-EXEMPTION This License does not and shall not be interp~etedto grant Licensee .any rights to proceed with such improvement , maintenance or operation ..thereunder without compliance with all applicable -Pedera1 or State laws or loca10rdinarices.o~t~eobtaining ofperDlits-or&utho~izatious .required by any . . .. .. ' ,. , . .'. . '.;other publica.gency ~.. nor~hallitbe construed asautho~izing. any zoning .. .' , .' . . . . '. .' .'. 'variance o~ estab1ishiugany precedent for .s1mi1ar variance except as p~ovided forlluder Section Xhereof~ ..SECTIONIV. . REAL -PROPERTY .TbisLicense shall apply to -reai property within the. Zone 7 Project acquired by Licensor in and about the City of Dublin. Theinitlal 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. Llcensorshal1retain the right to . ;Bell or change areas,. but in the event. that License.e is damaged by :suc.h ,ac.tion,Licensee ,shall be .compensat.edfor -anydamageto--facilitles which-it has installed. SECTION V.P AYMENT LicetLseshall not requirepayme.ntofany:.retlt pr other charges toLicensO~ by LicelllJee for the use of theat'oressidreal p~ope~tyfor the purposes for Which it is granted. (3) -( Ob f'" ..~.... --., 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 .recreationsl.tacilities established pursUant to this agreement to be maintainedandoperated.in anorderly~ safe. and sanitarY ,manner ~ Licensee may assig,n all of .Us rights. duties and liabilities under this License to another agency J)rovidedthatl!n1chassignment 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 tmposed upon Licensee under this agreement. Licensee shall adopt such rules and regulations it deems. necessary .to Iacilitate the orderly operation and control of the use of such properties by the public for recreational purposes. If any such rule or regula~ion is contrary.to the primary interest of floodcontrol.wster conservation) or drainage. or is deemed by Licensor to be not in its best interest as the property owner. Licensor may give notice of Buchfact to Licensee and Licensee :shalJ~ change such .rule or regulation in conformance to Licensor's request insofar as it 1I18y1ega1ly so do. Licensor shall be responsible . . . . ' . , . . . . . . .. for maintaining and operating the . . . . -property covered by this . agreement as necessa-ry:Jor the purposes of flood . . . . . . . . .' . . . - . . con.trol and water conservat1onjLicensee shalli:be responsiblefot maintaining .' . . . .' . ..' . . . . . .' . . and operating the property covered by theagreement.as necessary for park and recreation purposes i~cluding..butnotlimited to, facilities and landscaping installed by Licensee. (5) p~ ~ (1.0 \ , (;f> I \.a .'-- If Sections 1941 and 1942 of the Civil Code of the State of .California pertain to the .licensingofreal property as herein contemplated, then Licensee expre~sly waives the provisions thereof. . SECTION XI . . COSTS ANDIXPENSES . . .' . . .' , . . , ~y its approval of .rec.reation~facil1tfesLicensorin no. way assumes' any liability or obl1gationwhatsoever for any costs or expens~stobe . . .' SECTIONXII.B.IGRTS AND DUTIES OF LICENSOR . .. incurred by Licenseennderthis Lic:ensexorthepurposes : License is. made. 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 arefloodcoutroland water conservation and that operations in furtherance of said purposes must take precedence over any and all other.uses,ofthe subject sites.Licensorshal~, ,however, furnish l.icenseereasonablenotice.ofany flood control or water operations.whicbwould affect 'the. facilities or .operations of , . shallkeepl.i~ensee :1nf0 rJIledof .an,ycon.aitions or plans ~cb .insuch operations. . . . . . . . '. " . . . I.tisagreed th8t,.'duriIJ.g:~he eXistence of this License, Licensor. have all reasoilable~ndnecess~ry,ri.ghts 'ofentry tothe.subject:s1tes, ~'. , . -'" . '.~' , _ : '" . -j, ,including .theright tOd .altera tiouor..repair'ElUdmaintenanceand . , '. ."., ..;' . . . , 'its f acili tiesf orfloodc:onirolor.wai:er~onserVation. (7). .... --...-.- _._- - .--....:.-.-.-------,.,.,.......,....,.....,...,.---..,..--... -1 ''-'" )'0 OJ 110 b -., IN WITNESS WHEREOF t Licensor and Licensee have caused their corporate names to be affixed hereto by their respective officers authorized so to do the day and year ~irst above written. By .APPROVEDAS T01l0RM: . RICHARD J .:MOORB ,'COUNTYCOUN By ZONE 7.0F ALAMEDA COUNTY FLOOD CONTROL AND WATE -CONSERVATION DISTRICT By C.ITI~.l::N . .. .. .... / BY.(... ~ ~..~.... ../.. ~ot:i. .1 "L~nsee .. . . . (9) .~ ~. ... ~'. ......"'.,.......... '.' ..:-. .~..:-__:".:-...,,_.-.-.:...~7'.,.'r.'.