HomeMy WebLinkAboutReso 200-03 Mod#4LicAgmtZne7RESOLUTION NO. 200 ~ 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING MODIFICATION NO. 4 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, 2,
and 3 dated August 8, 1995, September 19, 2000, and December 17, 2002 as authorized by City Council
Resolution Nos. 93-95, 170-00 and 232-02 respectively; and
WHEREAS, Modification No. 4 will add two segments of Alamo Creek between Amador Valley
Boulevard and North City Limit Line to the channel properties governed by the License Agreement, said
segments being more precisely described as Lot E (APN 941-2782-6-1) and Lot G (APN 941-2781-16-1)
of Tract 5511 recorded September 19,1986, in Book 163 of Maps at Pages 48-58, Official Records of
Alameda County; 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 segments
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; and
WHEREAS, the two segments of Alamo Creek being proposed to be included in the License
Agreement by Modification No.4 are included, and are consistent with the scope of the Initial Study /
Mitigated Negative Declaration adopted by the City Council on August 19, 2003.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve Modification No. 4 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. 4
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 7th day of October, 2003.
AYES:
Councilmembers Omvetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: Councilmember McCormick
ABSTAIN: None
ATTEST:
K2/G/10.7-03/reso-Zone7alamock.doc (Item 8.2)
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MODIFICATION NO. 4 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
THIS MODIFICATION OF LICENSE AGREEMENT ("Modification") dated for identification
as October 7, 2003, is entered into by and between ZONE 7 OF THE 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, three modifications (Modification Nos. 1,2 and 3) to the 1987 Agreement have
previously been approved on August 8, 1995, September 19, 2000, and December 17, 2002; 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, 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:
Channel properties added to Section IV Real Property of the 1987 Agreement are:
(a) Alamo Creek properties identified as Lot E (APN 941-2782-6-1) and Lot G (APN
941-2781-16-1 ) of Tract 5511 recorded September 19,1986, in BoOk 163 of Maps
at Pages 48-58, Official Records of Alameda County. See Exhibit "A" attached
hereto and made a part hereof.
2. In all other respects, the terms and provisions of the 1987 Agreement are to continue in
full force and effect, except as previously modified.
Page 1 of 2
IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate names to be affixed
hereto by their respective officers authorized to do so.
ZONE 7 OF ALAMEDA COUNTY
FLOOD CONTROL AND WATER
DISTRICT, "Licensor"
CITY OF DUBLIN, "Licensee"
By:
President, Board of Directors
Date:
By:
Janet Lockhart, Mayor, City of Dublin
Date:
APPROVED AS TO FORM:
RICHARD E. WINNIE, COUNTY COUNSEL
APPROVED AS TO FORM:
CITY ATTORNEY
By:
County Counsel
Date:
By:
City Attorney
Date:
ATTEST:
ATTEST:
By:
Secretary, Board of Directors
By:
City Clerk
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Page 2 of 2
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