HomeMy WebLinkAbout8.4 Mod #5 Zone 7 AgmtCITY CLERK
AGENDA STATEMENT
CTTY COUNCTL MEETTNG DATE: November 1.8, 2003
SUBJECT:
Modification No. 5 to Alameda County Flood Control and Water
Conservation District (Zone 7) License Agreement of 1987 to Add
Segment of Alamo Creek from Amador Valley Boulevard South to
Iron Horse Trail'
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
RECOMMENDATION:
FINANCIAL STATEMENT:
1)
2)
3)
4)
Resolution Approving Modification No. 5 to the License
Agreement between the City 6f Dublin and Zone 7 regarding
the addition of segment of Alamo Creek to the License,
together with Exhibit "A" to the Resolution
Previously-approved City Council Resolution 15-87
Copy of Original License Agreement from 1987
Vicinity Map
Adopt the Resolution approving Modification No. 5 to the Zone 7
License Agreement of 1987
This pedestrian/bike path within the segment of Alamo Creek to be
added to the License Agreement was constructed as part of the
improvements for Tract 5883 (Dublin Meadows). As stipulated in
Modification No. 5, ongoing maintenance of the pedestrian and
bicycle path will be the City's responsibility, whereas maintenance
of the adjacent flood control facilities will remain with Zone 7.
DESCRIPTION: In 1987, the City of Dublin entered into a License Agreement with
Zone 7 that allows public use of Zone 7 property along the bank of Alamo Creek for park and recreational
use. This License allowed the City to construct and operate a multi-use trail for bicycles and pedestrians.
The License was subsequently modified in 1995, 2000, 2002 and 2003 via Modification Nos. 1, 2, 3 and
4 to include segments of Alamo Canal, Line J-6, South San Ramon Creek, Tassajara Creek, and Alamo
Creek.
Modification No. 5, when approved by both the City and Zone 7, will add the segment of Alamo Creek
between Amador Valley BOulevard and the Iron Horse Trail to the south, to the various creek parcels
governed by the original License Agreement and subsequent modifications. The pedestrian/bike path
COPIES TO:
G:~AGENMISC~agst Z7 License Agmt Mod 5 Alamo Ck.doc
Joe Seto, Zone 7 Water Agency
ITEM NO.
within the segment to be added to the License Agreement was constructed by the developer of the Dublin
Meadows subdivision as part of the improvements for Tract 5883. Zone 7 is scheduled to accept these
creek parcels located south of Amador Valley Boulevard, together with Dublin Housing Authority parcels
(east Side of Creek), on November 19, 2003, which enables the City to add the segment to the License
Agreement by executing this Modification. The parcels which are the subject of this action would seem
to leave a gap in the trail. Several years ago, the homeowners of the Alamo Villas (previously known as
Dublin Meadows) requested that the trail not go through the Alamo Villas development and constructed a
segment of the trail across the back of the Arroyo Vista playing field. The Dublin Housing Authority
granted an easement to the City for this bypass trail segment.
Proposed Modification No. 5 will facilitate public access to the pedestrian/bike path, and continuity of
access to users of the Alamo Creek Bike Path north of Amador Valley Boulevard to the Iron Horse Trail.
The Alamo Creek Bike Path project is currently under construction by the City, and these Alamo Creek
segments north of Amador Valley Boulevard were recently added to the License Agreement by
Modification No. 4 approved by the City Council on October 7, 2003.
In addition to assuring the public's access to the pedestrian and bicycle path, Modification No. 5 will
transfer the maintenance obligation and liability for the path form Zone 7 to the City. Maintenance of the
adjacent flood control facilities will remain with Zone 7.
Staff recommends that the City Council adopt the Resolution approving Modification No. 5 to the Zone 7
License Agreement of 1987.
Page2 b-L._
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING MODIFICATION NO. 5 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,
3, and 4 dated August 8, 1995, September 19, 2000, December 17, 2002, and October 7, 2003, as
authorized by City Council Resolution Nos. 93-95, 170-00, 232-02 and 200-03 respectively; and
WHEREAS, Modification No. 5 will add one segment of Alamo Creek between Amador Valley
Boulevard and the Iron Horse Trail to the channel properties governed by the License Agreement, said
segments being more precisely described as Lot A (APN's 941-2765-295 and 941-2765-296) of Tract
5883 recorded April 30,1990, in Book 190 of Maps at Pages 50-55, Official Records of Alameda County;
and a portion of that Parcel known as the Dublin Housing Authority- Arroyo Vista (APN 941-7-1-4); 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 on condition that 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 on condition that 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. 5 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".
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. 5
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 18th day of November, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
G:~4.GENMISC~reso Z7 License Agmt Mod 5 Alamo Ck.'doc
MODIFICATION NO. 5 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 November 19, 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, four modifications (Modification Nos. 1, 2, 3 and 4) to the 1987 Agreement have
previously been approved on August 8, 1995, September 19, 2000, December 17, 2002, and October
7, 2003; 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:
1. Channel properties added to Section IV Real Property of the 1987 Agreement are:
Alamo Creek properties identified as Lot A (APN's 94_1-2765-295 and 941-2765-296)
of Tract 5883 recorded April 30,1990, in Book 190 of Maps at Pages 50-55, Official
Records of Alameda County; and a portion of that Parcel known as the Dublin Housing
Authority - Arroyo Vista (APN 941-7-1-4).
See Exhibits "1" and "2" attached hereto and made a part hereof.
Page I of 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.
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
D ISTRI CT, "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
g:agenmisc~.7 license agmt mod 5 c2 mtg 111803
Page 2of2
Job #8904052.20
August 8, 1990
LEGAL DESCRIPTION
ZONE 7
PARCEL 1
Real property situate in the City of Dublin, County of Alameda, State of California, described
as follows:
Beginning at a point at the southwesterly corner of Alamo Creek Parcel A of Tract Map 5883
filed 4/30/90 in Book 190 of Maps at page 50, said point also being on the northeasterly line
of the Southern Pacific Right-of-Way, Book 1326 of Deeds page 9 (L47181); thence
northeasterly along the southerly boundary of said Parcel A and the northerly and westerly
lines of the Dublin Housing Authority filed in Book 7397 of official records page 437
(AJ35346) North 64° 33' 12" East 194.57 feet; thence Sout.h 88° 56' 31" East 197.97
feet; thence North 81° 33' 29" East 174.87 feet; thence North 19° 57' 04" West 66.00
feet; thence North 57° 48' 08" West 122.12 feet; thence North 17° 01' 25" East 79.15
feet; thence leaving said line of Parcel A and said Dublin Housing Authority South 88° 13'
42" East 78.00 feet; thence South 57° 24' 02~ East 77.77 feet; thence South 29° 00' 42"
East 93.37 feet; thence North 89° 17' 36" East 45.56 feet; thence South 12° 48' 30" West
225.64 feet; thence North 87° 34' 34" West 2.74 feet to a non-tangent curve to the left,
having a radius of 50.00 feet, a radial bearing of North 41 o 46' 07" East and a Delta of 40°
20' 05", thence westerly along said curve 35.20 feet; thence North 88° 33' 58" West
405.42 feet to a curve to the left having a radius of 45.00 feet, and a Delta of 36° 20' 30";
thence along said curve 28.54 feet; thence North 55° 05' 32" East 82.65 feet to a curve
to the left having a radius of 35.00 feet, and a Delta of 51 o 27' 52"; thence along said curve
31.44 feet to a point on said curve having a radial which bears North 86° 22' 20" West;
thence South 54° 04' 39" West 5.76 feet to a point on a non-radial curve to the left having
aradius of 11409.19 feet and a radial bearing North 53° 01' 49" East, said point is also on
the said northeasterly line of Southern Pacific Right-of-Way; thence along the northeasterly
boundary of said right-of-way northwesterly along said. curve through a Delta of 0° 37' 18"
and an arc length of 123.79 feet to the Point of Beginning.
Excepting therefrom that portion of land lying within North Avenue,
Containing:
97,104 Sq. Ft. ·
2.23 AC ·
Job #8904052.20
August 8, 1990
LEGAL DESCRIPTION
ZONE 7
(CONTINUED)
Along with an appurtenant 15' access easement described as follows:
15' access easement beginning at a point at the southerly terminus of the line in the above
Parcel 1 description bearing South 12° 48' 30" West; thence northeasterly along said line
North 12° 48' 30" East 225.64 feet; thence leaving said line South 77° 11' 30" East 15.00
feet; thence South 12° 48' 30" West 225.64 feet; thence North 77° 11' 30" West 15.00
feet to the Point of Beginning.
Containing:
3,385 Sq. Ft. +
0.078 AC ±
Along with an appurtenant temporary slope easement described as follows:
Beginning at a point at the westerly terminus of a line in the above Parcel 1 description
bearing North 87° 34' 34" West; thence North 87° 34' 34" West 437.57 feet to a curve to
the left having a radius of 41.00 feet, and a Delta of 37° 19' 54"; thence along said curve
26.71 feet; thence South 55° 05' 32" West 82.11 feet to a curve to the left, having a radius
of 31.00 feet and a Delta of 45° 02' 59"; thence along said curve 24.37 feet; thence South
54° 04' 39" West 5.44 feet to the parcel described above on a curve to the right, having a
radial of North 86° 22' 20" west, a radius of 35.00 feet, and a Delta of 51 o 27' 52"; thence
along said parcel and said curve 31.44 feet; thence North 55° 05' 32" East 82.65 feet to
a curve to the right having a radius o 45.00 feet, and a Delta of 36° 20' 30"; thence along
said curve 28.54 feet; thence South 88° 33' 58" East 405.42 feet to a curve to the right
having a radius of 50.00 feet, and a Delta of 40° 20' 05"; thence along said curve 35.20
feet to the Point of Beginning.
Containi~[~:
3,982 Sq. Ft. ±
0.091 AC ±
DUBLIN HDUS]NG '~[ .~ X , / re. IS' ~ 518~65,~ ~
~ ~ ~7104 SF+ / NSg' IZ'~6"E
o'o~ ~ ~ ~ HBUS~NB
DATA TABLE I
NUMBER
RADIUS] DELTA/BEARING ~ LENGTH
I
~ ' ; 35.00I 51' 27 '52~ 3; .4~
2 45.00 36'20'30" 28.54
s 50.00 40-20'05- 35.20
0 J O0 ~00 300 I 4 N54" 04 '39"E 5.44
: J ~ ~ _ ~ 5 51.00 45"02'5g~ 24.37
6 41.00 37'1g'54" 26.71
SCALE IN FEET
~[s,o~, BISSELL & KARN, INC. CIVIL ENGINEERS m
OSA~: P,E. 4837 C~OT DRIVE. SUIT~ 204, PLEASA~ON. CA g4588 PH~: (415~ 463-0~80
~c,~o~ c.s. PLAT TO ACCOMPANY LEGAL DESCRIPTION
~PROVED: S~[T I ~ 2 ~ET8
ZONE 7 P~RCEL 1 ~= ,-.,oo.
DATEr FEBRUARY
CITY OF DUBLIN ALAMEDA COUNTY CALIFORNIA~j~ ~,,
DATA TABLE
NUMBER RADIUS] DELTA/BEARING J LENGTH
i 35.00I 51'27'52~ 3;.44
2 45.00 56'20'30" 28.54
5 50.00 40'20'05" 35,20
4 N54'O4'39"E 5.44
5 31.00 45'02'59" 24.37
6 41.00 37'1g'54" 26.71
Job #8904052.20
August 8, 1990
LEGAL DESCRIPTION
ZONE 7
PARCEL 2
Real property situate in the City of Dublin, County of Alameda, State of California, described
as follows:
Beginning at a point at the northeast corner of Lot 1 as shown on Sheet 5 of Tract Map 5883
filed 4/30/90 in Book 190 of Maps at page 50, said point also being an angle point of Parcel
A of said Tract Map, said point also being on the northwesterly line of the Dublin Housing
Authority filed in Book 7397 of Official Records page 437 (AJ 35346); thence from said Point
of Beginning and leaving said Lot 1 and along the eastern line of said Parcel A North 17° 01'
25" East 45.00 feet; thence South 88° 06' 21" East 33.07 feet; thence North 45° 03' 06"
East 112.23 feet; thence North 22° 34' 13" East 158.34 feet; thence North 08° 49' 59"
East 243.79 feet; thence North 49° 23' 56" West 155.48 feet; thence leaving the easterly
line of said Parcel A South 54° 53' 15" East 98.32 feet; thence South 64° 58' 59" East
81.16 feet; thence South 60° 12' 56" East 25.70 feet; to a point to be referred to as Point
"A" for the purpose of this description; thence South 73° 05' 02" West 9.77 feet; thence
South 42° 33' 48" West 28.48 feet; thence South 08° 56' 28" West 237.21 feet; thence
South 22° 45' 27" West 132.76 feet to a curve to the left having a radius of 300.00 feet
and a Delta of 23° 11' 59"; thence along said curve 121.47 feet to a point to be referred to
a Point "B" for the purpose of this description, having a radial which bears South 89° 33'
29" West; said point also being on a curve to the left having a radial which bears North 62°
48' 35" West, and a Delta of 83° 00' 38" thence along said curve 50.71 feet; thence South
69° 47' 56" West 67.66 feet to a curve to the right having a radius of 52.00 feet and a
Delta of 340 56' 41"; thence along said curve 31.71 feet; thence North 75° 15' 22" West
4.14 feet to the Point of Beginning.
Containing:
25,173 Sq. Ft. -+
0.58 AC -+
Job #8904052.20
August 8, 1990
LEGAL DESCRIPTION
ZONE 7
(CONTINUED)
Along with an appurtenant temporary slope easement described as follows:
Beginning at the northeasterly corner of said Lot One; thence along the Southerly line of the
above described Parcel 2, South 75° 15' 22" East 4.14 feet to a curve to the left, having
a radius of 52.00 feet, and a Delta of 34° 56' 41"; thence along said curve 31.71 feet;
thence North 69° 47' 56" East 67.66 feet to a curve to the right, having a radius of 35.00
feet, and a Delta of 83° 00' 38"; thence along said curve 50.71 feet to said Point "B" as
described in the above described Parcel 2, having a radial which bears North 62° 48' 35"
East; thence leaving said parcel North 69° 15' 38" West 37.00 feet; thence South 67° 21'
31" West 90.39 feet; thence North 84° 26' 56" West 27.71 feet to the easterly line of said
Lot 1; thence along said Pine North 17° 01' 25" East 12.62 feet to the Point of Beginning.
Containing:
1,310 Sq. Ft. +-
0.030 AC -+
Along with an appurtenant temporary slope easement described as follows:
Commencing at Point "A" as described in the above Parcel 2; thence North 60° 12' 56"
West 25.70 feet; thence North 64° 58' 59" West 81.16 feet; thence leaving said parcel line
South 75° 30' 07" East 88.02 feet; thence South 22° 59' 32" East 27.21 feet to the Point
of Beginning.
Containing:
864 Sq. Ft. --
0.0198 AC 4-
Also along with an appurtenant access easement described as follows;
Beginning at Point "B" as described in the above described Parcel 2, said point being on a
curve to the right having a radial which bears South 89° 33' 29" West, a radius of 300.00
feet, and a Delta of 23° 11' 59"; thence along said curve and Parcel 121~47 feet; thence
North 22° 45' 27" East 132.76 feet; thence North 08° 56' 28" East 237.21 feet; thence
NOrth 42° 33' 48" East 28.48 feet; thence North 73° 05' 02" East 9.77 feet to Point "A"
as described in the above described Parcel 2; thence leaving said parcel South 47° 26' 12"
East 15.04 feet; thence South 42° 33' 48" West 39.88 feet; thence South 08o 56' 28"
West 225.47 feet; thence South 22° 45' 27" West 134.58 feet to a curve to the left having
a radius of 285.00 feet, and a Delta of 23° 11' 59"; thence along said curve 115.40 feet;
thence South 89° 33' 29" West 15.00 feet to the Point of Beginning.
Containing:
7,999 Sq. Ft.
0.1 84 AC 4-
100 200
SCALE IN FEET
LOT 1
TRACT 5BB3
~64' 5B'
,!
N88' 06 '21 "W
/
/
/
I
I
I
I
I1~.
POINT
300
I NUMBER RAO I US
I 35-°°i
5 300.00
DATA TABLE J
DELTA/BEARING J LENGTH
N75' 15'22#W 4. 4
34°56'41 ' 31 .71
N69' 47 '56"E 67.66
83' O0 '.~S" 50,71
23" I I '5g~ I 121.47
NIT°OI 'ZS"E 45°00
DES I GNED:
DRA~IN: P · E.
CHECKEDt
APPROVED;
BISSELL & KARN, INC. CIVIL ENGINEERS
4657 CHABOT DRIVE, SUITE 204, PLEASANTON, CA g4588 PHONE;[416) 463-0660
PLAT TO ACCOMPANY LEGAL DESCRIPTION
ZONE 7 PARCEL 2
CITY OF DUBLIN ALAMEDA COUNTY CALIFORNIA
SHEET 2 OF 2 SHEETS
SCALE; I' ~ I00'
DATE: FEBRUARY IggO
RESOLUTION NO.' 15 -87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A LICENSE AG~F.~ BETWEEN THE CITY OF DUBLIN AND'THE COUNTY OF.
ALAMEDA, ZONE 7 FLOOD CO~fROL AND WATER CONSERVATION DISTRICT, FOR JOINT USE
OF AIAMO CREEK THROUGH DOUGHERTY PARK AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, the City Council of the City of Dublin previously
approved plans for a park facility along Alamo Creek; and
W~__.~"RAR, the Alameda County Flood Control and Water Conservation
District, Zone 7, now maintains Alamo Creek as their facility; and
WHEREAS, an agreement has been reached between the City of Dublin
and the Alameda County Flood Control and Water Conservation District, Zone 7,
regarding joint use of the creek;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin approves this joint use license agreement and authorizes the Mayor
to execute same.
PASSED, APPROVED, AND ADOPTED this 23rd day of February, 1987.
AYES: Cm. Hegarty, Moffatt, Snyder, Vonheeder, and Mayor Jeffery
NOES: None
ABSENT: None
ATTEST:
City Clerk
A4-7.428
THIS LICENSE AGREEMENT, made and e~tered into ~his 18th' ~'aY
of March . .., 19 .87_, '.by ~nd between ZONE 7OF ALAHEDA COUNTY FLOOD
-CONTROL AND WATER CONSERVATION'DISTRICT, a .body' .co.rpora~e and.politic;
hereinafter 'referred to ~as ~Licensor.,~' and' '.the' ~I~ :OF DUBLIN,..a Municipal. .
Corporation.~ 'herei~afte'r' referred to as '"~ic&msee,
"WHEREAS Chapter "5 'of Division 7 ..of. the Ooverumen~ co~e of
:'of .California 'authorizes .'.an~ .empoWers amy'=w0 or mo~e public agencies
]oin=ly exe:cise i'bY agreemen~ i.any powers common.to' 'the' contracting powers.; arid
.WHEREAS~' both.' par=t'es are aU~horized by' the'acrs .govern~n~
plan~ improvei ~main=ain .and operate f. aciliti~s, and parks ~or. public
recreation;' and . - . .-
.WHEP~EAS, Licensor, .as .a portion of its authorized .Zone 7.Project,
will acc~p= cer~ai'n rights'of-way '.for the ~mprovemen= of channels for flood
Con=re1' and wager conse~at~on pu~0ses~ i~ally a por~ion Of Al~'Cre~k,
also kno~ as Line F 0~ Zone '7;~a~
.'devel0P'ea-' so ".'t~e'a pai~'like"..a~osphe=e ~n be .ore'tea wi~him Ann. ~b0u= =he
' .c~nnel; and --
~~, LicenSor is .agreeable-:go'~uch use so' lo~ as s~d Licensee'
· ~mProves~ ~tm=ai~ and. operates.,suah..park"areas in
". · interfere .~th ~he. basid fl0o8 control ..pU~ose .o~ the.c~ne~ and s~ll hold
Section X, 'LIABILITIES'.
NOW, THEREFORE, BE IT MUTUALLY AGREED that for and in consideration .
of the premises herein .and ~he covenants 'hereinafter contained and the mutual
benefit's tO be derived'b7 both parties, Lfcensor hereby confers upon Licensee
the License an~ privilege to use certain real p~oper=ies for a park an~
..recreat~-onal .use,·. The first Of 'said properties she'll 'be known .as Alamo Creek
· (Line F, Zone ?)~ but may be supplemented from time cO'.time by assent of 'the
..parties j -The description Of Such. additional 'properties~ when agreed upon by
· Licensor 'and ·Licensee~ shall be noted· by attachment-to this agreement~
· Subject to Licensor'"s superior rights Of possession~ such License Shall be for'
the pUrPOSe of improving., maintaining .and operating recreational faci!ities~
· Licensee accepts said License and resPonsibility~ 'and both .parties agree ~o
the conditions hereinafte: set forth:
SECTION I. PEOPEILTY RIGHTS
This Lic:ense and its acceptance and exercise grants ho.property
interest or estate in the aforesaid real pro~rties to-Licensee other than as
herein s~t forth.
SECTION II..'TER~
This. License is granted for a term of"twenty'fiWe'.('25).iyears from .the
· ~ate hereof'.wtth an option to Licensee 0f~reneWal,;for additionai'~periods Of .~
~wenty-five .i(~5)' ~ears thereafter Upon aPplication..~herefor accompanied by a.
showing Of faithful exercise thereof according to the convenants herein;
ei'ther.this 'original grant or an~'reneWal th6Teof to be subject to termination
'unaer-=he covenants provided herein to govern such termination.
(2)
'.SECTION III. NON-EXEMPTION
This. License does not and shall not be interpreted to grant Licensee
.'amy rights to.p~oc'eed with such'improvement, maintenance or .op~ra~ion
"thereUr~ter withou~ cmnPlianca with all applicable ~ede'~a~ or Stake laws or
~.:-.lOcal .:ordinances. or"'~he .o.~ain~ng Of 'permi~S.':or .~U~horiza~i°ns required BY'anY ....-.i..-..,,'i..:.
' .,,fOr:~nd~r Section X.~ereof~ ' '''( .... ' ....
~ .. : ... . : )'
.- ..:. :...".'
'-" "This Lidanse ~MI~.apply to.'reai~proPertY'wit~n''~ue:z°~ 7 ~rojec~
.. acq~re~:.~Y.L~cenSo~ i~..and a~u~' ~he' City Of ~blin. '.~e i~al' pr0per~y
referred to herein .aS~o"cr~~k is sh0~a~.~ot F .of Trac~ 5511 which is on
..f~le ~th Licensor a~ Licensee ~d ~ch' is attache~ h~re~o and .~e a. parg hereof as Ex. big A. .Subs~quent.pro~r~ies' to be improved"as Pr0~ded ~n
· 'agre~ent .s~ll"~e ~ote~ on :improv~ent ~lans for ~racts or Other plans w~ch
.S~lI'.~e filed ~th"Licensor.' a~ Licensee., Licensor s~ll'~e=ain ~ right =o
..,eib'or' cha~e 'ar~as,2'but in the .event. =bar..Licensee is,~ged by ~u=h .
· ..,aCt~0n,' ~Lic~ns~e ,s~ii'~' .'=~pensa=~ "for .any: :~ge ~:'Ta~ilig~es w~ch
_
. .. ... .
:' ' ' . '. ' '.i · ."".. '. . ' · '- . .~("-.
":' . ".~s LicenSe. ~Mll. not' require...~a~n~.~f, }.Any"..'r~ut '~r :o:her
'~:""' .~o Lieen~or.'by'Liee~ee ''' .... '
for..the-use of'.~ha".~foresat.~ r~al proper~y for the
pu~oses"for ~ich it ts .granted.
'This License is' gr.antea so'lely' for the purpose of autho=Izing
LicenSee :to, provide such improv~men=~ ~ain=e~nce an~ o~era~o~ of park an~'
".-' xe~mat~o~l :.facilitiss ?for ~enerat ,public use ~thout'.'~iScri~tion.as =o .....
place ~f Or~gin~ "~ace, .~age,~ "or '~eligio~. ' Such'Use ;~y.-~i'censee-o~".public :'s~ll ".'- '.' '
' ... Of 'f iooa,:contro'l an~ wa~er .aonsa~ation ..... ' ' , "'
. . '... ".. .T~ ~eveiopmen= .o~' '~ark s~tes o~ Proper=leS' .spec~fied he=ein Sh~l'
.in':accor~an~ ~th the plans j'~repare~ by ~:~censee a~. approved by Licensor} '
[~a~d ..~lans' s~l'-se~e .as a g~ner~ ~de .for =he .o~derly ~ns~alla=~on 'of
~prow~ments a~ eq~nt for park and recr.ea=io~t pu~oses, as ~nds b~aome
available ~o.L~ce~ee for ~e~itu=e 'thereOf' ~a~ pl~ns in=lu~e' a map~' .or
":~P~,i. sho~ =he location of the ~e~ral areas ~o be..~roved· and" ghe g.~ of
.~Ovemen= =0 be' const~==e~, a sdhe~ule for ~he d~lo~en= of the
:~mp=ov~n=s. sho~. 'on sai~ ~p or maps~ an~ a .'Ii~ti~ ~f ~he specific .
,.. :.".. ;' . .. . ','[:" ..,
' ">"-improvement i'.'L!cenSee -,shll. su~t ~'iams and: sp~cift~tiOns, for :~g 'proposed' '
'~.t~ated 'bY Licensee. until ~ttteu approVal 'is ~Cutefl by the Lice~or's
~eneral'~anager.
.(~)
Said General Manager shall give his consent unless-such structures,
.'facilities or improvements'would interfere with the primary use of said areas
fo~'.flood control, drainage, or water conservation purposesJ
/7'
'SECTION. IX:. MAINTENANCE .gu~D OPERATION
.... Licensee. shall Cause the park and.recreatiOnal 'facilt:ies established
pursuant 'tO ~his agreement.to be maintained' an4 operated'in an':orderty~ safe,
'~iabilitie~ under .~his.LicAn~e .to another agency provl~e~ .that.:.~uch.as~ignmenn
.is agreeable to ~icensor iand provided ~ur=her 'tha~.:sUgh agency '~tve~ ~rit~en
imposed upon Licensee under this agreement .....
:.Licensee shall a~opt such rnles and =egulations it ~eem~.necessary"to
factlitate the ord~rl~ 'operation an~ Control of' the use o~ .such properties by
the public for~ recreational pUrpOSeS. If' any such rule or regula~ion is
· contrary-to the p~imary'interest.of flood ,control,.water conserva~ion~ .or
drafna§e~ or is deeme~ ~/Licmnsor to be not in its best' interest as 'the
~roperty.owner& Licensor'may give ,notice of such 'fact tO Licensee 'and Licensee
".;shall.dhange such .rule .or r~gulation in iconformance to Lice~sor'.s request
tnsofar..:as {t may.lC§ally So do'. :' , " ':.
' L~&ensor' Shali '%~"respoustb!e'for'maintaining.'and. O~era=inE the
· -~ropert~ Covered ~y ith~s '..agreement' as aecessary~'~or"'the purposes'of flood
contrOi and water couservatkon;'"Licensee 'Shall"!i~e =e~po~Si~le..f~tumf=tainin~'
a~d oPeratin~ 'the.propert~ '~overed-.bY the a§reement'.as necessar~ for park and
recreation purposes includfn~, but. not l~m~ted tO, facilities and 'landscaptn~
installed By Licensee.
'SECTION X.'LIABILITIE~
Licensee, insofar as it.may legally so 4o,'.shal! hold and save
Licensor free from all:liability and claim8 for damages r~ul=lng-from 'the
construction}:'maIBtenance~ o~rati0n or ,puhlic use of .Park and recrea~i0nat
--· faciliti'es or landscaping'on =he property'.an~ shall'carry ·public:liability and
.. .property damage in'surance or. mone=ar~.cove~age..in an amount WhichlWlll '.,-
· aaequat~Iy 'pr0tec= Lfce~sor .from, ail.. ~uch liabilities .o~'icla/~m ,' .·such .amount
]to be no ie'ss'.than~I~000~000-~ach~..rson and.'~l,000~000, each o&cUrrence for'"
...... "bodilY. injury 0= .death and'~l*000'~000 on 'each "occurrencefor property Ramage~ -
. .. ....... . -- ..:..~./.
. .' .-,. , ... . '.. ~' : . .- ; ..
:.These".~moun~s':~a11~e ~eviewe~'~ythe.~arties.everYfiv~.~ears; and ~ncreased"-.,,
..: -~ no.~less %ha~:'~he amount of ..inc=eas~'~n .=he'. Consumer-~r~ce Index for'the
'Oakland .- San. Francisco SMSA,'"~oli=ies fo= such insurance' shall'name Zone 7-.
of'AlamedadCount~ 'Flood'Control and Water ~nservation Dis~'rict,'Alameda
COunty Flood control and Water C0~Servat'ion District~ .~he-O0unt~i.°f Alameda~
their of.ftcer~,, agents and.'emp~0~ees as additional!7 insured ana:.'copie~
-=hereof,'certlftcates.of paFment .of '.premiums thereon~ or other prOOf of '""
· insurance or .monetar~ coverage acceptable 'to Licensor, shall ~ furnished
]Licensor:by Licens~e~'.- It is .agr~ed'=.hat .such insurance or mone~az~ coverage
. ..- . , . : ..,!.,.."...' . . .. ,...~ ;~' ----. . .
: .....Water'ConserVati°n'Dist~tct;i~t..' ali;.shalt ~ply as primary insurance;or
':-:'"'".~nonetary coverage .... NO:other insurance"or m0netar~'cove~age effected by Zone.. 7',
. ''be' called upon to 'contribute t0"a'ioss~:.covere~.~y .~he'.p01icy..',Licensee :shall.'
~b&'."liable .to .Lice~sor ~o~ "~hy ':damage~ .~ '"the '~Pr'Operties' tice~eed '.he=euUae=~ .... ~ '
-inciuAing, but no~ ilmite~ ~o,.'damage .go trees, ,erosion of soil, or Aamages to
any :improvement made.or to be made .By~icensor for ~ater conserva=f0n or flood
control ,.purpose~ whether' such ~amages'are cau~e~ .by the activities of Licensee
on the properties improved by it or by tkird parties.
(6)
If Sections 1941 and 1942 of the Civil Code of 'the State of
~altfOrnta pertain to the licensing of .real property as herein contemplated,
Licensee e~pre~sly Waives the provisions 'thereof.'
:'" any. ilabilicy or .obltgation"whacsoever ~.or' any *cos:s..or exPenses' to '*be ' ,/. ' "-' ..
.., ~'~c~n~e ~s'~de:· ': " ':'."".' "'" ' : '"''" :""""'" ' .-,.'-
..... ..:: .. ........ .. :,, . . , '_:' -..,: .-. . . .
~ "- L- .... .;:": ~ " " " "" ..
~.~,:. . ,:- :.. ,....,- ..~'.~'. .. ~' '~ ~ < '" / .:' ~:L-' ,%'.".:'. .',' ....
' ' ' " ' : ' ......
0 ", '".'... '-.". :.
· Not~thstandt~' any 'Pro~isfOus .elsewhere in ~S Lfceus.e, '..itis" ,.'
has acqutre~ a~ O~s-~he subject.s~es a~e .flo~ coutr01'.a~ water :,. ~..
. .-conse~atiO~ and t~t Operations ,~ fu~ranCe .of .said.. pu~oses ..must take
.:preae'denae .over' any ~d ali Other uses .'of Xhe-subject"sites, LicensOr
' "hoover,. fu~sh Li=ensee reaso~bie notice of any flooa cOn~ol or
'...' '":..-.~ [C'..conserVatioU opera, ions ~hic~' would affect' l~' fa=itities :0r .operanions 'of .... ....'. :.. '"
..'..: ....;.'.:.,~.,;.: :.~.,. '...: :'..,...,:'. ._ ...' . . ......). f....:.....~.. ?.. .'; ..l...,;....;.+- ..,. - . ... '... [..'ti." .. . .'l. - .. "
'. ,::.' .::/.?~; ][..:[~ici~Sei [.'~ .'.sh~ii .~ep ~.Li~nsi~ ~.t~Oa~ '.'~! ':~Y~' c~ti.tiO~, o~ 'ph, d.' ich ::"':ii "~ :':'[[(';" '." · '.[: :': :"
:,. ~..:/..,.... · . · .... .... ?.. .... ...::. .:. .... ... . ~,. . . . ....... .... .[;'f....~'[..,... ... ~ .... .... ~:. . · . . -. "..-...... . .:-%/:.[' .. .
". ~':'..'.'[.' ....[~ :. ('""~ :,' ~' :.'.~"i'S' 'agreed 'that ;~j.'turt~: "t:~: ":~Sti:~e[ 'o'f t~ s 'L'icel~ ,. ~i~e:io~'-: '~.". ~[':..'.~.' :'[ '[."; [..."
-[ .:'.-.".~ ::'::.'.::[:;shill: hv~ ali :}e~s'Ou~le and .:~ecesSa~ ,'..f~h~-s ~f:'.ent~'. 't0'..the.?U~]ect:
.,.:
' : '.:[ "':::'~ :'q::'i~iuti~ .~he' :right. to.'.~it'erA~io~.' bt;-:rePAir'~iM '~inte~e' '[.~:~d 'o'~era~ioh' .~.f ~. ~:?,:..~.'¥~...[~,~:.... ".. .
" :'"',:tts"il~ili:ils fol :f'to~i""C~teOl'°'~"i~ie~'c~nse~:t°ni ":''~' '"":: :'4 '"::"'.. :' :..-.'
'(7)
SECTION XIII. MODIFICATION
If, during the lif~ of this Licemse, it becomes necessary to amen4 or
add to the terms, conditions,, scope.or requirements of this Licenser such
amendment or addition shall, only be made after mutual agreement of ~he parties
..hereto an~ the execution of a modification of .tb/s. License.
. SECTION XIV. NOTICES
All notices or 'other '.writings .in this License provided to be give~ or
made or sent, 'or wh/ch may be given or made or ~ent, hy any'of the parties
here.to to the 'otherS,.shall '~e deemed t° have been fully.giwen~.Dr made or sent
When.made in wrltinE and deposited 'in the unltedStatesmail, regis~ere~ or
cer~ifted~.postage prepaid~ and addressed as follows:
To Zone 7:'
General. Manager'
Zone 7, Alameda ~ounty Flood Control
and Water ConserVation District
5997 ~arksfde'Drlve
~.leasanton, CA94566
TO City: City Manager
C~ty of Dublin
P.'O. Box 23~0
Dublin, ~A 94568 "
The addTess to which any notice or other writing may be' given or made
or sent to .any 'of the parties may be Changed upon written notice given by' such
party as abo~e provided.
IN ~T~ESS ~r~EREOF, Licensor 'ar~ LiceuSee bare cause~ thei~ corporate
names-'~o be a~fixa~ be~et0 by their ~espective of~ice~s authorize8 so to
the day a~ yea~ ~i~st above writtem.
'.'ZONE 7' 'OF ALAHED~ .COUNTY FLOOD CONTROL
Chai~an,~'Boar& of Directors
"Licensor" :
(~)
1,000 0
SCALE I · 18,171
1,000 2,000
FEET
3,000