HomeMy WebLinkAboutReso 170-00 Zone7 Modify AgmtRESOLUTION NO. 170 - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING MODIFICATION NO. 2 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 AND
USE OF FLOOD CONTROL CHANNEL FOR A REGIONAL TRAIL CONNECTION
WHEKEAS, 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 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 City shall hold Zone 7 flee 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 parcels to
the 1987 Agreement for the privilege of using said parcels for park and recreational facilities (Regional
Trail Connection) use under the terms of said 1987 Agreement as modified by this Modification.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve Modification No. 2 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.
PASSED, APPROVED AND ADOPTED this 19th day of September, 2000.
AYES:
Councilmembers Howard, McCormick, Zika, I/ice Mayor Lockhart and Mayor
Houston
NOES: None
AB SENT: Non e
ABSTAIN: None
ATTEST: ' ~'('t//,,
K2/G/9-19.00/reso zo-n~rk
Mayor
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MODIFICATION NO.2 TO THE LICENSE AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMJ:DA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
REGARDING THE ADDITION OF CHANNEL PROPERTIES TO THE LICENSE AND
THE USE OF FLOOD CONTROL CHANNEL FOR A REGIONAL TRAIL CONNECTION
THIS MODIFICATION OF LICENSE AGREEMENT ("Modification") dated for identification
as of , 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 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 (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 additional
channel properties to the 1987 Agreement for the privilege of using said properties for park
and recreational facilities (including bicycle/pedestrian pathways) use 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 acknowledge, Licensor and Licensee hereby
agree to the following modifications as follows:
1. Channel properties added to Section IV Real Property of the 1987 are:
Tassajara Creek from Dublin Boulevard to a point north of Gleason Drive
as shown per attached plans made a part hereof as Exhibit 'A "'
APN's 986-17-2 (Parcel B of Parcel Map 7257), 986-17-3 (Parcel C
of Parcel Map 7257) and 986-17-5 ( Parcel A of Parcel Map 7357)
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ATTACHMENT
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2. Additional maintenance procedures shall be added to Section IX Maintenance and
Operation to the 1987 Agreement:
"Licensee shall provide routine sweeping .and debris removal on hard-surf~ced
bicycle/pedestrian pathways and trash removal on gravel roads. Licensee shall
post signs and take appropriate actions to warn of flooding of pathways, including
barricading if necessary, when flooding occurs over the bicycle/pedestrian
pathways. If any natural or catastrophic occurrence damages a bicycle/pedestrian
pathway, Licensor shall repair the pathway to a standard for flood control
maintenance and operation purposes.
"Licensee shall maintain and operate Licensor's facilities in an orderly, safe, and
sanitary manner free from waste, litter, and other items resulting from public
access to the property. As used in this section, the term "litter" shall include, but
not be limited to, paper, garbage, refuse, dead animals, trimmings, and other items
that detract from the neat and tidy appearance of the Licensor's facility.
"Licensee agrees to keep the Licensor's facilities free from weeds and other
vegetation, and to abate weeds to District fire department standards."
3. In all other respects, the terms and provisions of the License Agreement are to
continue in full force and effect, except as previously modified.
IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate names to be
affixed hereto by their respective officers authorized to do so.
Date:
ZONE 7 OF ALAMEDA COUNTY
FLOOD CONTROL AND WATER
DISTRICT, "Licensor"
CITY OF DUBLIN,
By:
President, Board of Directors
By:
Mayor, City of Dublin
APPROVED AS TO FORM:
RICHARD E. WINNIE, COUNTY COUNSEL
APPROVED AS TO FORM:
CITY ATTORNEY
By:
Assistant County Counsel
By:
City Attorney
ATTEST:
ATTEST:
By:
Secretary, Board of Directors
By:
City Clerk
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