HomeMy WebLinkAboutReso 173-13 East Bay Reg Pk Alamo Canal RESOLUTION NO. 173 - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVAL OF THIRD AMENDMENT TO SUBLICENSE AGREEMENT BETWEEN
THE CITY OF DUBLIN (CITY) AND THE EAST BAY REGIONAL PARK DISTRICT (EBRPD)
REGARDING THE ALAMO CANAL AND TASSAJARA CREEK REGIONAL TRAILS
WHEREAS, Alameda County Flood Control - Zone 7 (Zone 7) and the City of Dublin
(City) 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 License Agreement) dated February 15, 2005, as
authorized by City Council Resolution No. 16-05;and
WHEREAS, the East Bay Regional Park District (EBRPD) and the City entered into a
Sublicense Agreement on August 8, 1995, assigning to EBRPD maintenance and operation of
that portion of the Iron Horse Trail on land owned by Zone 7 (Line 7J) from the Contra Costa
County line to its junction with Alamo Creek, and on that portion of the Alamo Canal Trail on
land owned by Zone 7 (Line 7F) from Alamo Creek to 1-580; and
WHEREAS, the City and EBRPD approved the First Amendment to the Sublicense
Agreement on May 6, 2003, which added the segment of the Iron Horse Trail from Alamo Creek
to Dublin/Pleasanton BART Station; and
WHEREAS, the City and EBRPD approved the Second Amendment to the Sublicense
Agreement on September 20, 2005, which added the segment of the Tassajara Creek Regional
Trail between Dublin Boulevard and Somerset Drive, and
WHEREAS, the segment of the Tassajara Creek Regional Trail from Somerset Drive to
Hillbrook Place has been completed and accepted by the City; and
WHEREAS, the segment of the Alamo Canal Trail underneath Interstate 580 connecting
the trails in Dublin and Pleasanton has been completed; and
WHEREAS, the City and EBRPD have prepared a Third Amendment to the Sublicense
Agreement, assigning the maintenance and operation of the segments of the Tassajara Creek
Regional Trail from Somerset Drive to Hillbrook Place, and the Alamo Canal Regional Trail
underneath 1-580 to EBRPD.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, by
adopting this Resolution, hereby approves the Third Amendment to the 1995 Sublicense
Agreement, attached hereto as Exhibit A, between the City of Dublin and the EBRPD.
Page 1 of 2
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Third
Amendment to the 1995 Sublicense Agreement.
PASSED, APPROVED AND ADOPTED this 15th day of October, 2013, by the following
vote:
AYES: Councilmembers Gaupta, Hart, and Haubert, and Mayor Pro Tern Biddle
NOES: None
ABSENT: Mayor Sbranti
ABSTAIN: None
t2iti V(i/14
Mayor Pro Tern
ATTEST:
City Clerk
Reso No. 173-13,Adopted 10-15-13, Item 4.4 Page 2 of 2
THIRD AMENDMENT TO SUBLICENSE AGREEMENT
ALAMO CANAL REGIONAL TRAIL AND TASSAJARA CREEK REGIONAL TRAIL
EAST BAY REGIONAL PARK DISTRICT
AND
CITY OF DUBLIN
A. Effective Date and Parties: Effective January 1,2014,the CTTY OF DUBLIN,a political
subdivision of the State of California("City")and the EAST BAY REGIONAL PARK DISTRICT,a
California special district,("District")mutually agree as follows:
B. Purpose: The parties desire to amend the Sublicense Agreement,dated August 8, 1995,
entitled SUBLICENSE AGREEMENT—(ALAMO CANAL(LINE 7F)SOUTH SAN RAMON CREEK
(LINE 7J),LINE 7J6)("Sublicense").The Sublicense was created to maintain and operate a regional trail
connection.This amendment to the Original Sublicense("Third Amendment")allows the District to
operate a segment of the Alamo Canal Regional Trail I-580 undercrossing,including areas of the
Tassajara Creek Regional Trail.
C. Amendment to Sublicense: As of September 2005,the Sublicense shall apply to the real
property within Zone 7 Water Agency and the City of Dublin,pursuant to the sublicense agreement dated
March 7, 1987 as amended and superseded by the February 15,2005 agreement and the Sublicense
Agreement,including the First and Second Amendments,approved in May 2003 and September 2005
respectively.The applicable area is shown in Exhibit A attached hereto.
1) The District agrees to maintain and operate the portion of the Alamo Canal Regional
T ail I-580 undercrossing as shown in Exhibit A,and is subject to the standards described in Section XIV,
N AINTENANCE AND OPERATION,of the Second Amendment to the Sublicense("Second
A nendment").
2) The District further agrees to maintain and operate the miscellaneous trail facilities
in;tailed underneath and adjacent to the I-580 freeway,including but not limited to: lighting and power,
vi leo camera equipment,bike/pedestrian counter,emergency call boxes,collapsible fence,and trail gates
-s 11 as described in the April 2013 Operations and Maintenance Manual for the Alamo Canal Regional
T:ail I-580 Undercrossing.
3) Beginning January 1,2014,the City agrees to pay the District an additional$5,000.00 on
or before January 1st of each year,for maintenance of the trail undercrossing.Beginning January 1,2015,
this payment is subject to an annual general increase equal to the yearly movement,November to
November, in the Consumer Price Index(CPI)for Urban Wage Earners and Clerical Workers, San
Francisco-Oakland Index based on the Revised 1991 Edition of the Consumer Price Index(1982-
84=100).
4) This Third Amendment shall include the"Additional Property of the Tassajara Creek
Trail"located within Parcel A of Tract 7414 and Lot 131 of Tract 7075 described as the"Future
Sublicense Area"on Exhibit E to the Second Amendment,attached hereto as Exhibit B.
5) Except as modified by this Third Amendment,the Sublicense of August 8, 1995 shall
remain in full force and effect.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment on the 15th of October in the
year 2013.
[signature page follows]
CITY OF DUBLIN EAST BAY REGIONAL PARK
DISTRICT
By By
City Manager General Manager
Attest: Approved as to form:
By By
City Clerk District Counsel
Approved as to form:
,II
By
City Attorney
2131570.1