HomeMy WebLinkAboutItem 8.1 Rec Use License Agmt
CITY CLERK
File # Drn@]~-[Y][]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 16,2007
SUBJECT:
Approval of First Amendment to Recreational Use License
Agreement with the Alameda County Flood Control and Water
Conservation District (Zone 7)
Report Prepared by: Mark Lander, City Engineer
ATTACHMENTS:
1)
Resolution Approving First Amendment to Recreational Use
License Agreement with Zone 7, together with Exhibit "A,"
First Amendment to Recreational Use License Agreement,
including Exhibits "A" and "B-7," Maps of Licensed Areas
Vicinity Map
Maintenance Responsibility Chart
2)
3)
RECOMMENDATION: (] JI\,.. AdOP, t the Res9lution approving the First Amendment to the
~ ~"r Recreational Use License Agreement with Zone 7.
FINANCIAL STATEMENT: The pedestrian/bicycle path within the segment of Tassajara Creek
to be added to the Recreational Use License Agreement with Zone
7, stipulates that ongoing maintenance of the pedestrian/bicycle path
will be the City's responsibility. Funds are available in the current
Fiscal Year Street Maintenance and Landscape Budgets to cover the
cost of maintaining this additional portion of the trail.
DESCRIPTION: In 1987, the City of Dublin entered into a License Agreement with
Zone 7 that allowed 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 (twice) via
Modification Nos. 1, 2, 3, 4, and 5 to include segments of the Alamo Canal, Line J-6, South San Ramon
Creek, Tassajara Creek, and Alamo Creek.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
COPIES TO: Dennis Gambs, Zone 7 Water Agency
Page 1 of2
ITEM NO.
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G:\DEVELOPMENT, PRIV ATE\Zone 7 Recreational License Agreementlagst 1st Amendment to Z7 Recreational Use License Agmt Tassajara Creek, IO-16-07.doc
The 1987 Agreement and various Amendments were consolidated into a single Recreational Use License
Agreement, approved by the City on February 15, 2005. The new Agreement included the Iron Horse
Trail, Alamo Canal, Alamo Creek, and Tassajara Creek Regional Trail.
Greenbriar Homes has completed construction of the Tassajara Creek Trail through Tract 7414, Tassajara
Creek Phase III, and Lot 131 of Tract 7075, Tassajara Creek Phase I. These improvements extend the
trail from its current northerly terminus at Somerset Drive to the East Bay Regional Park District Staging
Area on Tassajara Road. These trail improvements were accepted by the City on September 18, 2007.
The trails are constructed on parcels which will be accepted by Zone 7. The Recreational Use License
Agreement requires an amendment to add this portion of the trail to the Agreement.
Under the terms of the agreement, flood control maintenance of the creek parcels will remain with Zone
7. The License Agreement will transfer the maintenance obligation and liability for the path and
adjoining landscaping from Zone 7 to the City. The City will in turn delegate responsibility for trail
operation and maintenance to the East Bay Regional Park District (under the terms of the existing
sublicense agreement, which includes a provision to include this portion of the trail upon its acceptance
by the City), and landscape ma}ntenance to the Tassajara Creek Maintenance Association (under a
separate amendment to the existing agreement with the Association).
Upon execution of this Amendment to the Agreement, the City will have continuous license rights or
easements for a 7,700-foot trail from Dublin Boulevard north to the East Bay Regional Park District
staging area on Tassajara Road, including connections to Emerald Glen Park.
Staff recommends that the City Council adopt the Resolution approving the First Amendment to the
Recreational Use License Agreement with Zone 7.
Page 2 of2
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RESOLUTION NO. - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING FIRST AMENDMENT TO RECREATONAL USE LICENSE AGREEMENT
'BETWEEN CITY OF DUBLIN (CITY) AND ALAMEDA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT (ZONE 7) ADDING TASSSAJARA CREEK
REGIONAL TRAIL WITHIN TRACT 7414 AND LOT 131 OF TRACT 7075
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, the 1987 License Agreement and Modifications 1-5 were replaced by a Recreational
Use License Agreement between Zone 7 and the City on February 15, 2005, as authorized by City Council
Resolution No. 16-05; and
WHEREAS, the Recreational Use License Agreement includes the Tassajara Creek Regional
Trail located within land owned by Zone 7; and
WHEREAS, an additional segment of the Tassajara Creek Regional Trail has been constructed
within Parcels A, B, C, and D (Assessor's Parcel Nos. 986-0031-002, 986-0032-002, 986-0032-003 and
986-0030-004) of Tract 7414, recorded June 28,2004, in Book 275 of Maps at Pages 66-80, and a portion
of Lot 131 (Assessor's Parcel Number 986-0028-004) of Tract 7075, recorded on April 18, 2001, in Book
257 of Maps, Pages 47-61 ("Parcels"), Official Records of Alameda County; and
WHEREAS, Zone 7 will accept title to the Parcels; and
WHEREAS, the City intends to operate and maintain the Tassajara Creek Regional Trial within
the Parcels; and
WHEREAS, Zone 7 and the City have prepared an amendment to the Recreational Use LiCense
Agreement to add the Parcels and the additional trail within these parcels to the Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to the Recreational Use License Agreement between the Alameda
County Flood Control and Water Conservation District (Zone 7) 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 the First Amendment
to the Recreational Use License Agreement to Zone 7 for the District's Board approval and processing.
BE IT FURTHER RESOLVED that the Mayor is 'authorized to execute the agreement.
1
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A'l'fACllMENT ,.
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PASSED, APPROVED AND ADOPTED this 16th day of October, 2007.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVELOPMENT, PRIV A TElZone 7 Recreational License Agreement\reso 1 st amendment 27 Recreational Use License Agmt, 10-16-07 .doc
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A05-23-DUB Ml
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AMENDMENT NO. 1
TO THE RECREATIONAL USE LICENSE AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ZONE.7 OF THE ALAMEDA COUNTY
FLOOD CONTROL AND WATER CONSERV ATIONDISTRICT
i
THIS AMENDMENT TO THE RECREATIONAL USE LICENSE AGREEMENT
("AMENDMENT"), is entered into by and between the Zone 7 of Alameda County Flood
Control and Water ConservationlDistrict, a body corporate and politic, hereinaftetreferred to as
"ZONE 7", and the City of Dublin, a Municipal Corporation, hereinafter referred to as "CITY".
RECITALS
This AMENDMENT is entered into on the basis of the following facts, intentions and
understandings of ZONE 7 and CITY hereto:
WHEREAS, ZONE 7 and CITY previously entered into that certain Recreational Use
License Agreement between the Zone 7 of Alameda County Flood Control and Water
Conservation District and the City of Dublin dated February 16, 2005, as authorized by City
Resolution No.16-05 and Zone 7 Resolution No.05-2722 ("LICENSE"); and
WHEREAS, ZONE 7 has agreed to allow CITY to use certain flood control channel
_properties (LICENSED AREAS) to construct, improve, maintain and operate the LICENSED
AREAS for park and recreation purposes; and
WHEREAS, it is mutually agreed between ZONE 7 and CITY to add additional channel
properties to the LICENSE for the privilege of using said properties for park and recreational
facilities.use under the terms of said LICENSE as modified by this AMENDMENT; and
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein, the receipt and adequacy ofwhich is hereby acknowledged, ZONE 7 and CITY hereby
agree to the following AMENDMENT:
1. LICENSED AREAS to be added to LICENSE, as provided under Section 3, are the
Tassajara Creek properties delineated in Exhibit "B-7", which is attached hereto and
made a part hereof and more particularly described as follows:
a. Parcel A, Parcel B, Parcel C and Parcel D of Tract Map 7414, filed June 28, 2004,
in Book 275 of Maps. Pages 68 through 80, Official Records of Alameda County.
Assessor's Parcel Numbers: 986-0031-002 (Parcel A), 986-0032-002 (parcel B),
986-0032-003 (Parcel C) and 986-0030-004 (Parcel D)
EXBIBlTA
To the Resolution
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A05-23-DUB Ml
b. Being a portion of Lot 131 as shown on Tract 7075, filed on April 18, 2001, in
Map Book 257, Pages 47-61, Official Records of Alameda County and being
more particularly described as follows:
Commencing at the northwestern comer of said Lot 131; thence along the
northern line of said Lot 131, South 86035' 44"East, 272.59 feet to the
point of beginning; thence continuing along said northern line, South
86035' 44" East, 333.31 feet to the eastern line of said Lot 131; thence
along said eastern line for the following five (5) courses: (1) South
46003'01" West, 22.15 feet; thence (2) South 64047'01" West, 80.00
feet; thence (3) South 31009'01" West, 91.00 feet; thence (4) South
46046'01" West, 43.00 feet; thence (5) South 00001 '59" East, 7.84 feet to
the southern line of said Lot 131; thence along said southern line, North
86035'45"West 242.04 feet; thence leaving said southern line, North
03057'06" West, 64.36 feet; thence North 37005'58" West, 132.71 feet to
the point of beginning.
Assessor's Parcel No. 986-0028-004 (portion)
2. Park Maintenance and Operation Responsibilities of CITY and its Authorized Agents.
a. Park and Recreational Improvements, as denoted under Section 7a. ofthe
LICENSE, shall also include all vegetation/landscaping, irrigation
systems, fencing, "frog pond", and stream restoration areas.
b. CITY maintenance responsibilities shall include all monitoring and
regulatory compliance activities associated with the frog pond and stream
restoration area located within the LICENSED AREA.
c. Creek channel bank related maintenance and repair obligations resulting
from, in connection with or necessitated by CITY's use ofthe LICENSED
AREA or exercise of privileges granted under the LICENSE, shall be at
the sole cost of CITY.
3. Duties of Zone 7. ZONE Ts maintenance and repair obligations shall be limited.
solely to that which, in ZONE Ts sole and reasonable discretion is determined to be
necessary for ZONE Ts flood control and water conservation related needs and/or
activities.
4. In all other respects, the terms and provisions of the LICENSE are to continue in full
force and effect.
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A05-23-DUB Ml
IN WITNESS WHEREOF, ZONE 7 and CITY 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
CITY OF DUBLIN
By:
Janet Lockhart
Mayor, City of Dublin
By:
G. F. Duerig
General Manager, Zone 7
,
APPROVED AS TO FORM:
APPROVED AS TO FORM:
AMY NAAMANI, GENERAL COUNSEL
CITY ATTORNEY
By:
By:
General Counsel
City Attorney
Date:
Date:
ATTEST:
ATTEST:
By:
By:
Secretary, Board of Directors
City Clerk
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Exhibit IB-7" Recreational Use License Agreement 1 ~Cj
Tassajara Creek Licensed Areas
------. Class 1 Bike Path
Licensed Areas
1 inch equals 400 feet
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To the Agreement
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ATTACIIMEff Z.
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Maintenance Responsibility Chart
Tassajara Creek (Tracts 7075,7279, and 7414)
Zone 7 Creek Parcel Trail and Landscaping Agreements
Zone 7 Owns Parcels in Fee, Performs Flood
Control Maintenance Work
I :;2:one 7 -City of Dublin License Agreement
City of Dublin Operates and Maintains Trail,
Landscaping, Stream Restoration Planting
and Frog Pond
City of Dublin - Tassajara
City of Dublin - East Bay Creek Maintenance
Regional Park District Association Sublicense
Sublicense Agreement Agreement
TCMA Maintains
Landscaping, Stream
Restoration and Frog
EBRPD Maintains Trail Pond
ATTACHHENT ~.
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