HomeMy WebLinkAboutReso 093-95 Zone7PropertyChanne,----,
RESOLUTION NO. 93 -95
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING MODIFICATION No. I 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;
THE USE OF FLOOD CONTROL CHANNEL FOR A REGIONAL TRAIL CONNECTION;
AND MODIFICATIONS TO THE INSURANCE AND LIABILITY PROVISIONS
WHEREAS, 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 said 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 said City shall hold Zone 7 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 Zone 7 and City to add additional channel properties
to the 1987 Agreement for the privilege of using said properties for park and recreational facilities
(Regional Trail Connection) use under the terms of said 1987 Agreement as modified by this
Modification; and
WHEREAS, it is mutually agreed between Zone 7 and City to modify the liability and insurance
provisions of the 1987 Agreement pursuant to this Modification to provide for liability based upon the
respective duties of Zone 7 and City, and self insurance by City;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve Modification No. 1 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 8th day of August, 1995.
AYES:
Counciimembers Barnes, Burton, Howard, Moffatt and Mayor Houston
NOES: None
ABSENT: None
K/8-8-95/resozn7. doc
Mayor
MODIFICATION N6. 1 TO THE HCENSE AGREEMENT
BETWEEN THE CITY OF DUBHN AFID ZONE 7 OF THE
ALAMEDA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT REGARDING THE
ADDITION OF CHANNEL PROPERTIES TO THE LICENSE;
THE USE OF FLOOD CONTROL CHANNEL FOR A
REGIONAL TRAIL CONNECTION; AND MODIFICATIONS
TO THE INSURANCE AND LIABIHTY PROVISIONS
edtl°·11
for ide. , ..
Alameda County Flood Control and Water Conservation District, a body corporate
and politic, hereinafter referred to as "Hcensor", and the CITY OF DUBLIN, a
Municipal Corporation, hereinafter referred to as "Hcensee".
RECITALS
' This Modification is entered into on the basis of the following facts, intentions
and understandings of the IAcensor and IAcensee 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
CI 987 Agreement"); and
WHEREAS, Licensor has agreed to allow Licensee to use certain flood control
channel properties for maintaining parks and recreational fadliLies (Regional Trail
Connection) within said channel properties; and
WHEREAS, Hcensor is agreeable to such use so long as said Licensee
improves, maintains, and operates such p,ark and recreational radiities 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 Hcensor free from all liability and claims for damage in accordance with said
1987 Agreement as modified by this Modification; and
License Agreement Modification ,
Page 1 of 5
WHEREAS, it is mutually agreed between Hcensor and Licensee to add
additional channel properties to the 1987 Agreement for the privilege of using said
properties for park and recreational facilities (Regional Trail Connection) use under
the terms of said 1987 Agreement as modified by this Modification; and
WHEREAS, it is mutually agreed between Licensor and Licensee to modify the
liability and insurance provisions of the 1987 Agreement pursuant to this
Modification to provide for. liability based upon the respective duties of the Hcensor
and Licensee, and self-insurance by the Licensee; and
NOW THEREFORE, in consideration of the' mutual covenants and promises
set forth hertin, the receipt and adequacy of which is hereby aclmowledged, Licensor
and Licensee hereby agree as follows:
1. Additional channel properties are added to the 1987 Agreement said
properties are:
AlamoCanal
APN 94121401-13-1
941-1401-13-2
941-205-1-23
South San Ramon Creek
APN 941-205-1-I2
941-190-I-1
941-190-1-5
941-191-95
APN 941-2753-43
¸2.
Section X of the 1987 Agreement is amended to read as follows:
Section X. LIABILITIES.
(A) Licensee, insofar as it .may legally do so, shall hold and sdve
Licensor free from all liability and claims for damages resulting from the
construction, maintenance, operation or public use of the
pedestrian/bike paths or landscaping on the property. Licensor, insofar
as it may legally do so, shall hold and save Licensee free from all liability
and claims for damages resulting from Hcensofs activities rdated to the
License Agreement Modification
Page 2 of 5
construction, maintenance, operation or public use of the conveyance
channel for flood control, drainage, or water conservation on the
property.
(B) Hcensee shall carry public liability insurance, self-insurance, or
pooled self-insurance, in an amount which will adequately protect
Licensor from liabilities or claims arising from Licensee's activities
related to the construction, maintenance, operation or public use' of the
pedestfian/bil~e paths or landscaping on the property, such amount to be
no less than $1,000,000 each person, $1,000,000 each occurrence for
bodily injury or death, and $1,000,000 on each occurrence for property
damage.
(C) Policies for such insurance or serf-insurance shall name Zone 7 of
Alameda County Flood Control and Water Conservation District,
Alameda County Flood Control and Water Conservation District, the
County of Alameda, their officers, agents and employees as additionally
insured and copies thereof, certificates of payment of premiums thereon,
or other proof of insurance or self-insurance acceptable to Licensor, shall
be furnished Licensor by Licensee.
(D) ' It is agreed that such insurance or self-insurance as is afforded by
the policy to Zone 7 of Alameda County Flood Control and Water
Conservation District, Alameda County Flood Control and Water
Conservation District, the County of Alameda, their officers, agents and
employees, shall apply as primary insurance for liabilities and claims
arising from Licensee's activities related to the construction,
maintenance, operation or public use of the pedestrian/bike paths or
landscaping on the property. No other insurance effected by Zone 7 of
Alameda County Fkyod Control and Water Conservation District,
Alameda County Flood Control and Water Conservation District, the
County of Alameda, their officers, agents and employees, shall be called
upon to contribute to a loss covered by the policy or self-insurance .for
liabilities and claims arising' ~rom Licensee's activities related to the
con. struction, maintenance, operation or public use of the
pedestrian/bike paths or landscaping on the property.
(E) Licensor shall be 'liable to Licensee for any damages to the
properties licensed hereunder, including but not limited to any
improvement made or to be made by Licensee for recreational
License Agreement Modification
Page 3 of 5
purposes when such Hamages are caused by activities of Licensor
on the properties improved by Licensee.
(F) Licensee shall be liable to Hcensor for any damages to properties
licensed hereunder, including, but not limited to, damage to trees,
erosion to soil, or damages to any improvement made or to be made by
Licensor for water conservation or flood control purposes whether such
damages are caused by the activities of Licensee on the properties
improved by it or by third parties. Licensee shall not be liable for
damages to the properties licensed hereunder if arising from Licensofs
actions or land use for water conservation and flood control purposes. It
is understood between Hcensor and Hcensee that channels retain their
natural state so that a pedestrian/bike path can be constructed on the
channel embanlunents for recreational use by the general public.
(G) If Sections 1941 and 1942 of the California Civil Code pertain to
the licensing of real property as herein contemplated, then Licensee
expressly waives the ~rovisions thereof.
IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate
names to be affixed hereto by 'their respective officers authorized to do So.
Date:
s Y, goarjO f/'D"24; ' ors
- , .
ZONE 7 OF ALAMEDA COUNTY
FLOOD CONTROL AND WATER
DISTRICT, "Licensor"
Ch~'~~, Board of Directors
License Agreement Modification
Page 4 of 5
APPROVED AS TO FORM:
Kelvin Booty, County Counsel
Deputy Cou~y~Co~sel
Date:
CITY OF DUBLIN,
"Licensee"
B'
APPROVED AS TO FORM:
Elizabeth H. Silver, City Attorney
114XagreeNzone7 .mod
License Agreement Modification
Page 5 of 5