HomeMy WebLinkAbout4.06 Joint Use Alamo Creek Thru Dougherty Park t
• CITY OF DUBLIN 001L/0
AGENDA STATEMENT
City Council Meeting Date: February 23, 1987
SUBJECT: License Agreement for Joint Use of Alamo Creek Through
Dougherty Park
EXHIBITS ATTACHED: 1) Resolution Approving License Agreement and
Authorizing Mayor to Execute Same
2) License Agreement
Location Maps
RECOMMENDATION: Adopt Resolution Approving License Agreement and
Authorizing Mayor to Execute Same.
FINANCIAL STATEMENT:
The City will incur maintenance costs for landscaping enhancement to the
creek over and above the plantings for erosion control. Also, the City will
take on the liability for damages to Zone 7's facilities resulting from
construction, maintenance, operations, or public use of the parkland
recreational facilities or landscaping on the property. (Insurance costs are
already included in the City's standard coverage.)
DESCRIPTION:
This joint use of land along and within Alamo Creek through East
Dougherty Hills Park was approved in concept when the City Council reviewed
the schematic design of this park.
Staff has discussed the potential use of the creek area with the Zone 7
Flood Control District. The District has indicated that the following options
in dealing with the creek would be acceptable to Zone 7:
1) The developer would install erosion control plantings only in the
creek, install maintenance roads on either side of the creek, and totally
fence off this area with a 6-foot high chain link fence. The City would then
be forced to provide their own maintenance road outside the fence on the west
portion of the park.
2) The City would enter into a joint use license agreement with Zone 7
(as attached). A 4-foot chain link fence would be placed at the top of the
banks and a joint maintenance road be placed along the west side of the creek.
Additional planting enhancements and a bridge over the creek would be allowed
under this scenario.
The City Attorney and the City's insurance carrier (ABAG Plan
Corporation) have reviewed the license agreement and have recommended
modifications which have been incorporated in to the agreement.
Staff recommends approval of Option 2, which provides for the adoption
of a joint use agreement.
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ITEM NO. ♦ COPIES TO: Vince Wong, Zone 7
Rafanelli & Nahas
RESOLUTION NO. -87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF
ALAMEDA, ZONE T FLOOD CONTROL AND WATER CONSERVATION DISTRICT, FOR JOINT USE
OF ALAMO 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
WHEREAS, 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:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
t H4-l .4L0
AGREEMENT
THIS LICENSE AGREEMENT, made and entered into this day
of , 19 , by and between 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,"
W I T N E S S E T H
WHEREAS, Chapter 5 of Division 7 of the Government Code of the State
of California authorizes and empowers any two or more public agencies to
jointly exercise by agreement any powers common to the contracting powers; and
WHEREAS, both parties are authorized by the acts governing them to
plan, improve, maintain and operate facilities and parks for public
recreation; and
WHEREAS, Licensor, as a portion of its authorized Zone 7 Project,
will accept certain rights-of-way for the improvement of channels for flood
control and water conservation purposes; initially a portion of Alamo Creek,
also known as Line F of Zone 7; and
WHEREAS, Licensee has indicated its desire that these channels be
developed so that a park-like atmosphere can be created within and about the
channel; and
WHEREAS, Licensor is agreeable to such use so long as said Licensee
improves, maintains and operates such park areas in a manner that will not
interfere with the basic flood control purpose of the channel and shall hold
Licensor free from all liability and claims for damages as described in
Section R, "LIABILITIES".
h
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NOW, THEREFORE, BE IT MUTUALLY AGREED that for and in consideration
of the premises herein and the covenants hereinafter contained and the mutual
benefits to be derived by both parties, Licensor hereby confers upon Licensee
the License and privilege to use certain real properties for a park and
recreational use. The first of said properties shall be known as Alamo Creek
(Line F, Zone 7), but may be supplemented from time to time by assent of the
parties. 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 facilities.
Licensee accepts said License and responsibility, and both parties agree to
the conditions hereinafter set forth:
SECTION I. PROPERTY BIGHTS
This License and its acceptance and exercise grants no property
interest or estate in the aforesaid real properties to Licensee other than as
herein set forth.
SECTION II. TERM
This License is granted for a term of twenty-five (25) years from the
date hereof with an option to Licensee of renewal for additional periods of
twenty-five (25) years thereafter upon application therefor accompanied by a
showing of faithful exercise thereof according to the convenants herein;
either this original grant or any renewal thereof to be subject to termination
under the covenants provided herein to govern such termination.
(2)
4
SECTION III. NON-EXEMPTION
This License does not and shall not be interpreted to grant Licensee
any rights to proceed with such improvement, maintenance or operation
thereunder without compliance with all applicable Federal or State laws or
local ordinances or the obtaining of permits or authorizations required by any
other public agency, nor shall it be construed as authorizing any zoning
variance or establishing any precedent for similar variance except as provided
for under Section R hereof.
SECTION IV. REAL PROPERTY
This License shall apply to real property within the Zone 7 Project
acquired by Licensor in and about the City of Dublin. The initial property
referred to herein as Alamo Creek is shown as Lot F of Tract 5511 which is on
file with Licensor and Licensee and which is attached hereto and made a part
hereof as Exhibit A. Subsequent properties to be improved as provided in this
agreement shall be noted on improvement plans for tracts or other plans which
shall be filed with Licensor and Licensee. Licensor shall retain the right to
sell or change areas, but in the event that Licensee is damaged by such
action, Licensee shall be compensated for any damage to facilities which it
has installed.
SECTION V. PAYMENT
This License shall not require payment of any rent or other charges
to Licensor by Licensee for the use of the aforesaid real property for the
purposes for which it is granted.
(3)
7
SECTION VI. NATURE OF USE
This License is granted solely for the purpose of authorizing
Licensee to provide such improvements, maintenance and operation of park and
recreational facilities for general public use without discrimination as to
place of origin, race, age, or religion. Such use by Licensee or public shall
be at all times subject to the primary use of the aforesaid sites for purposes
of flood control and water conservation.
SECTION VII. MASTER PLANS
The development of park sites on properties specified herein shall be
in accordance with the plans prepared by Licensee and approved by Licensor.
Said plans shall serve as a general guide for the orderly installation of
improvements and equipment for park and recreational purposes as funds become
available to Licensee for expenditure thereof. Said plans include a map, or
maps, showing the location of the general areas to be improved and the type of
improvement to be constructed, a schedule for the development of the
improvements shown on said map or maps, and a listing of the specific
improvements to be constructed.
SECTION VIII. PLANS AND SPECIFICATIONS
Prior to the installation of any permanent structure, facility or
improvement, Licensee shall submit plans and specifications for the proposed
additions to Licensor. The structure, facility or improvements shall not be
initiated by Licensee until written approval is executed by the Licensor's
General Manager.
(4)
i
Said General Manager shall give his consent unless such structures,
facilities or improvements would interfere with the primary use of said areas
for flood control, drainage, or water conservation purposes.
SECTION IX. MAINTENANCE AND OPERATION
Licensee shall cause the park and recreational facilities established
pursuant to this agreement to be maintained and operated in an orderly, safe,
and sanitary manner. Licensee may assign all of its rights, duties and
liabilities under this License to another agency provided that such assignment
is agreeable to Licensor and provided further that such agency gives written
notice to Licensor that it accepts all of the rights; duties and liabilities
imposed upon Licensee under this agreement.
Licensee shall adopt such rules and regulations it deems necessary to
facilitate the orderly operation and control of the use of such properties by
the public for recreational purposes. If any such rule or regulation is
contrary to the primary interest of flood control, water conservation, or
drainage, or is deemed by Licensor to be not in its best interest as the
property owner, Licensor may give notice of such fact to Licensee and Licensee
shall change such rule or regulation in conformance to Licensor's request
insofar as it may legally so do.
Licensor shall be responsible for maintaining and operating the
property covered by this agreement as necessary for the purposes of flood
control and water conservation; Licensee shall be responsible for maintaining
and operating the property covered by the agreement as necessary for park and
recreation purposes including, but not limited to, facilities and landscaping
installed by Licensee.
(5)
SECTION R. LIABILITIES
Licensee, insofar as it may legally so do, shall hold and save
Licensor free from all liability and claims for damages resulting from the
construction, maintenance, operation or public use of park and recreational
facilities or landscaping on the property and shall carry public liability and
property damage insurance or monetary coverage in an amount which will
adequately protect Licensor from all such liabilities or claims, such amount
to be no less than $1,000,000 each person and $1,000,000 each occurrence for
bodily injury or death and 41,000,000 on each occurrence for property damage.
These amounts shall be reviewed by the parties every five years, and increased
by no less than the amount of increase in the Consumer Price Index for the
Oakland — San Francisco SMSA. Policies for such 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 monetary coverage acceptable to Licensor, shall be furnished
Licensor by Licensee. It is agreed that such insurance or monetary coverage
as is afforded by the policy to Zone 7 of Alameda County Flood Control and
Water Conservation District, et. al. , shall apply as primary insurance or
monetary coverage. No other insurance or monetary coverage effected by Zone 7
of Alameda County Flood Control and Water Conservation District, et al. , shall
be called upon to contribute to a loss covered by the policy. Licensee shall
be liable to Licensor for any damages to the properties licensed hereunder,
including, but not limited to, damage to trees, erosion of 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.
(6)
If Sections 1941 and 1942 of the Civil Code of the State of
California pertain to the licensing of real property as herein contemplated,
then Licensee expressly waives the provisions thereof.
SECTION XI. COSTS AND EXPENSES
By its approval of recreation facilities Licensor in no way assumes
any liability or obligation whatsoever for any costs or expenses to be
incurred by Licensee under this License for the purposes for which said
License is made.
SECTION XII. RIGHTS AND DUTIES OF LICENSOR
Notwithstanding any provisions elsewhere in this License, it is
understood and agreed by Licensee that the primary purposes for which Licensor
has acquired and owns the subject sites are flood control and water
conservation and that operations in furtherance of said purposes must take
precedence over any and all other uses of the subject sites. Licensor shall,
however, furnish Licensee reasonable notice of any flood control or water
conservation operations which would affect the facilities or operations of
Licensee and shall keep Licensee informed of any conditions or plans which
might result in such operations.
It is agreed that, during the existence of this License, Licensor
shall have all reasonable and necessary rights of entry to the subject sites,
including the right to alteration or repair and maintenance and operation of
its facilities for flood control or water conservation.
(7)
SECTION XIII. MODIFICATION
If, during the life of this License, it becomes necessary to amend or
add to the terms, conditions, scope or requirements of this License, such
amendment or addition shall only be made after mutual agreement of the parties
hereto and the execution of a modification of this License.
SECTION XIV. NOTICES
All notices or other writings in this License provided to be given or
made or sent, or which may be given or made or sent, by any of the parties
hereto to the others, shall be deemed to have been fully given or made or sent
when made in writing and deposited in the United States mail, registered or .
certified, postage prepaid, and addressed as follows:
To Zone 7: General Manager
Zone 7, Alameda County Flood Control
and Water Conservation District
5997 Parkside Drive
Pleasanton, CA 94566
To City: City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
The address 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 above provided.
(8)
r
IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate
names to be affixed hereto by their respective officers authorized so to do
the day and year first above written.
ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
ATTEST:
By By
Secretary, Board of Directors Chairman, Board of Directors
"Licensor"
APPROVED AS TO FORM:
RICHARD J. MOORE, COUNTY COUNSEL
By
Assistant County Counsel
CITY OF DUBLIN
By
Mayor
"Licensee"
(9)
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