HomeMy WebLinkAboutItem 8.1 LicenseAgmtIronHorseTr DCZTY CLERK
AGENDA STATEMENT
CTTY COUNCIL MEETING DATE: December 3, 2002
SUBJECT: License Agreement between the City of Dublin and Alameda County
to Maintain the Portion of the Iron Horse Trail on Property Owned
by Alameda County
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS: 1) Resolution of Approval
2) Agreement
3) Location Map
RECOMMENDATION: 1) Adopt resolution approving License Agreement between
the City of Dublin and Alameda County to maintain the
portion of the Iron Horse Trail on Property owned by
Alameda County
2) Direct Staffto work with East Bay Regional Park District
(EBRPD) to finalize a sublicense agreement that will
delegate the maintenance of the Iron Horse Trail specified
in the Alameda County agreement
FINANCIAL STATEMENT: The City of Dublin intends to convey maintenance of the 20-foot
wide corridor of the Iron Horse Trail to the East Bay Regional Park
District. The remaining area of Alameda County's fifty-foot right-
of-way will be maintained by Dublin. The cost to maintain this area
(other than what EBRPD will have to maintain) is approximately
$1,000 to $2,000 per year for weed control and litter pick up. This
will be funded with General Fund monies.
DESCRIPTION: This past summer, Alameda County constructed the segment of the
Iron Horse Trail from Dougherty Road to the East Dublin/Pleasanton BART Station. This section of the
trail is located in the old Southern Pacific railroad right-of-way owned by Alameda County. The project
was funded with Transportation Fund for Clean Air monies administered by the Bay Area Air Quality
Management District, in cooperation with the City of Dublin and East Bay Regional Park District
(EBRPD). Shea Properties built the section of the trail northwest of Dougherty Road in conjunction
with development of the Park Sierra Apartment complex. This portion of the trail was also built on land
owned by Alameda County.
COPIES TO: Alameda County
ITEM NO. ~
g:huiscproj\ironhorskagst license agmt ala cty. doc / ~.-
At present, the EBRPD has a sublicense agreement with the City of Dublin to maintain the portion of the
Iron Horse Trail from the north County Line to its junction with the Alamo Canal Trail. EBRPD intends
to maintain the sections of the regiona} trail built by Shea Properties and Alameda County. A subhcense
agreement between Dublin and EBRPD will be required to convey maintenance responsibilities to the
Park District for these segments on County lands. EBRPD has requested that the City first enter into an
agreement with the County and then have the City convey a sublicense agreement to EBRPD.
The license agreement (Attachment 2) between Alameda County and the City of Dublin will give the City
a license over the fifty-foot wide property of the County for maintenance, repair, reconstruction, removal
and use of the Iron Horse Trail; and allows assignment of the rights of the license to EBRPD. Moreover,
the license agreement acknowledges that Dublin has existing plans to extend Scarlett Drive from Dublin
Boulevard to Dougherty Road and that the Scarlett Drive Extension project will have impacts on the trail.
The agreement also states that Alameda County and Dublin will work cooperatively to accommodate the
Scarlett Drive Extension project, the kon Horse Trail and the County's primary use of the property.
Since the City intends to install landscaping and plant wildflowers along the Iron Horse Trail, it is
necessary to acquire a license over the fifty-foot wide property. The City will convey the maintenance
of the 20-foot wide area of the Iron Horse Trail to EBRPD and maintain the additional 30 feet all along
the limit of the County property. The maintenance of this 30-foot wide corridor includes disking and
mowing of the slopes' with wildflower plantings and routine maintenance such as litter pickup. This is
estimated to cost approximately $1,000 to $2,000 per year.
Staffrecommends that the City Council adopt the resolution approving the License Agreement between
Alameda County and the City of Dublin to maintain the portion of the Iron Horse Trail on property owned
by Alameda County. It is further recommended that the Council direct Staffto prepare a sublicense
agreement with EBRPD for Council approval that will delegate maintenance of the Iron Horse Trail to
the EBRPD.
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVAL OF LICENSE AG~EMENT BETWEEN THE CITY OF DUBLIN ~D
' ~AMEDA COUNTY TO MAINTAIN THE PORTION OF THE IRON HO~E T~L ON
PROPERTY OWNED BY ~EDA COUNTY
WHE~AS, Al~eda Co~ has constructed the se~ent of the kon Horse Tr~l ~om
Dou~eay Road to the East Dubli~leasanton B~T Station in cooperation with ~e City of Dublin ~d
East Bay Re~onal Park Dis~ct ~B~D); ~d
WHE~AS, Shea Prope~ies has built ~e section of the kon Horse Trail no~hwest of Dou~e~y
Road on l~d omed by Alameda County, in conj~ction with the development of the P~k Siena
Ap~ent complex; ~d
WHE~AS, EB~D intends to maintain and operate the sections of the kon Horse Trail built by
Shea Prope~ies and Almeda Co~ty; and
WHE~AS, EB~D has requested that Dublin first enter into an a~eement with Alameda
Co~ty and then convey a sublicense a~eement to EB~D; ~d
~E~AS, the license a~eement be~een Alameda County and Dublin will give the CiW a
license over the fifty-foot wide prope~y of ~e Co~ty for maintenance of the kon Horse Tr~l ~d allows
assi~ent of the rights of the license to the EB~D.
NOW, THE~FO~, BE IT ~SOLVED by the Co~cil of the City of Dublin that the City
of Dublin, by adopting this resolution, hereby approves the License A~eement be~een Alameda County
and the City of Dublin to maintain the potion of the kon Horse Trail on prope~y owned by Alameda
County.
BE IT FURTHER ~SOLVED that the Co~cil authorizes the Mayor to execute the License
A~eement.
PASSED, ~PROVED A~ ~OPTED ~is 3rd day of December, 2002. '
AYES:
NOES:
~SENT:
~STA~:
Mayor
ATTEST:
City Clerk
~:a~endmisc~eso Aocroval ACT~ Master A~eement.doc
COUNTY OF ALAMEDA
[Dublin-Pleasanton Transportation Corridor (Por.)]
and
CITY OF DUBLIN
(Iron Horse Regional Trail)
LICENSE AGREEMENT
Real Property
(Unimproved)
THIS LICENSE AGREEMENT made and entered into this day of
,2002, by and between the COUNTY OF ALAMEDA, a political subdivision
of the State of California, hereinafter called LICENSOR, and the CITY OF DUBLIN, a
municipal corporation,' hereinafter referred to as LICENSEE , WITNESSETH:
That LICENSOR, for a good and valuable consideration but no further fee or charge, and
in further consideration of the faithful performance and observance by LICENSEE of all of the
terms and conditions herein contained, does hereby give to LICENSEE a license over "the
Property" as defined below, for the maintenance, repair, reconstruction, removal and use of a
public trail for the passage of pedestrians, equestrians and bicycles and other non-motorized
vehicles only, together with the necessary appurtenances thereto.
The License above-mentioned is granted by LICENSOR and accepted by LICENSEE
upon the following terms and conditions and LICENSEE does hereby agree with LICENSOR as
follows:
PM/TC/Agrmt/C-Dublin/7-02
1. DEFINITIONS:
As used in this License, "the Property" shall refer to that portion of the former Southern
Pacific Transportation Company right of way in the City of Dublin, located between the
north side of Interstate Freeway Route 1-580 and 1525' feet north of Dougherty Road, more
particularly shown cross-hatched and outlined in red on Exhibit "A", attached hereto and
made a part hereof including but not limited to, those existing improvements installed by
LICENSOR between the north side of 1-580 Freeway and Dougherty Road and Shea
Properties as part of the development of that certain .multi-family development known as
Park Sierra Apartments 1 and 2 (Parcel Map 7157) in the' City of Dublin between Dougherty
Road and 1525± feet north thereof.
As used in this License, 'the Trail" shall refer to a 30-foot wide area within "the Property"
which may include, subject to LICENSOR's approval and inspection, an existing asphalt
concrete path, shoulder, equestrian trail, fencing bollards, signage, drinking fountain(s) and
other appropriate trail improvements and which are subject to additions thereto as hereinafter
set forth in this agreement.
2. TITIJE OF LICENSOR:
LICENSEE hereby acknowledges the title of LICENSOR in and to ':the Property" and agrees
never to assail or to resist said title. LICENSEE agrees that it has not acquired nor will it
hereafter acquire any fights or interest in "the Property", nor does LICENSEE have nor will it
obtain any fight or claim to the use of''the Property" l~eyond those specifically granted in this
License. Notwithstanding the foregoing, LICENSOR acknowledges that LICENSEE may in
the furore acquire rights to a portion of "the Property" for the LICENSEE's Scarlett Drive
Extension Project, and that the parties intend to cooperate on said project as set forth in
Clause 12.
3. TERM:
Unless suspended or partially revoked as hereinafter set forth, this License to construct,
operate and maintain a Trail to be used by the general public shall terminate twenty-five (25)
years from the date hereof. By mutual written consent of the parties hereto, it may be
extended for an additional terms of ten (10) years each thereafter.
4. PRIMARY USE OF PROPERTY:
a. "The Property" consists of a corridor, which LICENSOR or its designees is in the process
of developing for transportation, utility-and other related purposes. Underground utilities
facilities are already in place and it is anticipated that, in the future, a mass transportation
system and additional utility facilities will be constructed on or installed in "the
Property". Any and all rights granted or implied by this License shall be subordinated to
the uses just mentioned, as well as to other uses of "the Property" made or permitted by
LICENSOR.
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PM/TC/Agrmt/C-Dublin/7-02
b. LICENSEE acknowledges that the uses just described constitute the primary uses of "the
Property" and that LICENSEE's use of "the Trail" pursuant to this License is secondary
and subordinate to said primary uses. LICENSEE shall not, at any time, use or permit the
public to use "the Trail" in any manner that will materially interfere with or impair said
primary uses of "the Property" including but not limited to LICENSOR's "License for the
Construction and Operation of Telecommunications System on Specified County of
Alameda Properties" (GST License), entered into in 1996. All rights granted to
LICENSEE hereunder are subject to all existing and future rights, right of way,
reservations, franchises licenses and easements in "the Property", regardless of who holds
the same, including LICENSOR's rights to use "the Trail" for any other purpose and all
revenue generated by said uses shall belong to LICENSOR.
5, SUSPENSION OR LIMITATION OF USE:
LICENSOR and its permittees shall have'the right to suspend or to limit the use of'~the Trail"
by LICENSEE and the general public for a reasonable mount of time for protection of
public safety, or for the construction, installation, operation, maintenance or repair of other
facilities on or in "the Property". Should such suspension or limitation be necessary,
LICENSOR shall provide LICENSEE thirty (30) days prior notice in writing, except in cases
of emergency maintenance or repairs. Upon completion of any work by LICENSOR or its
permittees within "the vrop rty , LICENSOR shall restore the ground surface as nearly as
possible to its pre-existing grade and shall restore any facilities or improvements installed by
LICENSEE including, but not limited to, fencing, paving, landscaping, bridges or drainage
structures.
6. REVOCATION:
In the event the primary uses of "the Property" by LICENSOR or LICENSOR's permittees
require some permanent use of a portion or portions of "the Property" which, by nature
thereof, precludes LICENSEE's use thereof, LICENSOR may, upon six-months' prior
written notice, revoke this License as to the area required for such permanent primary use.
LICENSOR shall supply LICENSEE with a map. or drawing identifying the area(s) as to
which this License is so revoked. Prior to and during the six-month revocation period
LICENSOR agrees to actively work with LICENSEE to develop alternatives that, if possible,
will accommodate both LICENSOR's primary use and LICENSEE's trail. In the event of
such revocation, LICENSOR will make every reasonable effort to provide an alternate trail
route upon "the Property".
7. MAINTENANCE AND LITTER:
During the term of this License, LICENSEE shall maintain consistent with LICENSEE's
standards "the Property", including "the Trail" and "the Trail" surface, in a clean, safe and
presentable condition, free from waste, litter, and other items incidental to trail use and left
by parties other than LICENSOR and its permittees. As used in this section, the term "litter"
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PM/TC/Agrmt/C-Dublin/7 -02
shall include, but not be limited to, paper, garbage, refuse, dead animals, trimming and other
items that detract from the neat and tidy appearance of "the Property". If LICENSEE fails to
so maintain "the Property", then after (30) days' prior written notice specifying the needed
work, LICENSOR may perform or hire the necessary work at the reasonable expense of
LICENSEE, which expense LICENSOR agrees to pay to LICENSOR upon demand.
8. INDEMNIFICATION:
a) LICENSEE shall indemnify, defend, protect, and hold LICENSOR harmless from and
against all claims by reason of any injury to or death of any person and damage to any
property, of any kind whatsoever arising out of, resulting from, or in any way related to
the acts or omissions of LICENSEE, its City Council, officers or employees (other than
LICENSOR and its invitees).
b) LICENSOR shall indemnify, defend protect, and hold LICENSEE harmless i~om and
against all claims by reason of any injury to or death of any person and damage toany
property, of any kind whatsoever arising out of, resulting from, or in any way related to
the acts or omissions of LICENSOR, its Board of Supervisors, officers or employees
(other than LICENSEE and its invitees).
9. INSURANCE REQUIREMENTS:
LICENSEE shall take out and maintain during the life of this License all the ~nsurance
required by this section and shall submit certificate for review and approval by LICENSOR.
No construction on or use of "the Trail" shall commence until such insurance has been
approved by LICENSOR. The certificates shall be on forms provided by LICENSOR or the
insurance cartier. Acceptance of the certificates shall not relieve LICENSEE of any of the
insurance requirements, nor decrease the liability of LICENSEE of any of the insurance
requirementsl nor decrease the liability of LICENSEE. LICENSOR reserves the right to
require LICENSEE to provide insurance policies for review by LICENSOR.
a) Worker's Compensation Insurance. LICENSEE shall take out and maintain Worker's
Compensation and Employer's Liability Insurance for all of its employees on "the Trail".
LICENSEE shall require any contractor that it hires or subcontractor performing work on
"the Trail" to provide it with evidence of Worker's Compensation and Employer's
Liability Insurance, all in strict compliance with California State laws.
b) Public Liability Insurance. LICENSEE shall take out and maintain, during the term of
this License or any extension thereof, Comprehensive Automobile and General Liability
Insurance that provides protection 'from claims, which may arise from operations or
performance under this License. LICENSEE shall require any contractor that it hires or
subcontractor performing work on "the Trail" to provide evidence of the same liability
insurance coverage. The amounts of insurance shall be not less than the following:
Single limit coverage applying to Bodily and Personal Injury Liability and Property
Damage: $1,000,000 per occurrence.
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PM/TC/Agrmt/C-Dublin/7 -02
c) Endorsements. The following endorsements must be indicated on the certificate.
(1) Alameda County, its board, officers and employees are additional insureds under
the policy as to the work and operations being performed under this License;
(2) The coverage is primary and no other insurance carrier by LICENSOR will be
called upon to contribute to a loss under this coverage;
(3) The policy covers blanket contractual liability;
(4) The policy limits of liability are provided on an occurrence basis;
(5) The policy covers broad form property damage liability;
'(6) The policy covers personal injury as well as bodily injury liability;
(7) The policy covers explosions, collapse and underground hazards;
(8) The policy covers products and completed operations;
(9) The policy covers use of non-owned automobiles;
(10) The coverage shall not be canceled nor materially altered unless thirty (30) days
written notice is given to LICENSOR.
d) Failure of Coverage. Failure, inability or refusal of LICENSEE to take out and maintain
during the entire term of this License any and all of the insurance as aforesaid shall at the
option of LICENSOR constitute a breach of this License and justify immediate
termination of the same.
e) Self-Insurance. LICENSEE has the right and option to self-insure the requirements under
this section upon written notice to LICENSOR that LICENSEE assumes the obligations
in the place and stead of any insurance carrier, any reference to failure to coverage
notwithstanding. In the event that LICENSEE elects to self-insure, LICENSEE shall
provide to LICENSOR a certificate or other evidence of self-insurance acceptable to
LICENSOR.
10. CONSTRUCTION OF TRAIL:
LICENSOR and LICENSEE acknowledge and agree that "the Trail" has been constructed by
· LICENSOR and its designee, Shea Properties, at LICENSOR's and Shea Properties' sole
cost and expense within "the Property". LICENSEE acknowledges and agrees that
construction of "the Trail" has been done to the standards of LICENSEE and LICENSEE
agrees to accept "the Trail" as so constructed.
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11. APPROVAL AND INSPECTION OF WORK:
a) LICENSEE shall not perform any construction, reconstruction, remodeling, repair,
removal or other work within "the Property" without first obtaining LICENSOR's
approval in writing of said work. In seeking LICENSORzs approval, LICENSEE shall
furnish to LICENSOR a complete description and a drawing or sketch of the work
proposed to be performed. In performing the work approved by LICENSOR, LICENSEE
shall comply with ali terms, conditions and requirements imposed by-LICENSOR and
shall not deviate in any material manner from the description and drawing or sketch
approved by LICENSOR, without first obtaining additional approval in writing from
LICENSOR.
b) Notwithstanding the foregoing, LICENSEE shall not be required to obtain LICENSOR's
prior written approvai for the performance of routine maintenance or emergency repairs.
· ce"
As used in this section, the term "routine mmntenan refers to work that does not alter
the original condition of improvements previously constructed by LICENSOR and its
designee, which work is required to prevent deterioration of said improvements. As used
in this section, the term "emergency repairs" refers to repairs that do not alter the original
condition of the existing improvements, which repairs are necessary to protect the safety
of'the public and others.
c) All work performed by LICENSEE under this section shall be subject to inspection by
LICENSOR at no expense to LICENSEE.
12. SCARLETT DRIVE EXTENSION:
LICENSOR and LICENSEE acknowledge that LICENSEE has existing plans to extend Scarlett
Drive from Dublin Boulevard to Dougherty Road and that the Scarlett Drive Extension Project will
have impacts on "the Trail." LICENSOR and LICENSEE agree that LICENSEE may realign "the
Trail" in such manner, as it is necessary to accommodate the Scarlett Drive Extension Project,
subject to LICENSOR's right to approve such work, pursuant to Section 11. LICENSOR and
LICENSEE agree to work cooperatively to accommodate the Scarlett Drive Extension Project, "the
Trail", and the LICENSOR's primary use of "the Property." By such agreement to the Scarlett
Drive Extension LICENSOR does not waive any rights to be compensated for the portion of "the
Property" required for the Extension Project.
13. ASSIGNMENT:
No fights of LICENSEE hereunder shall be transferred or assigned except for an assignment
exclusively to. the East Bay Regional Park District without the written consent of
LICENSOR. In the event of an assignment, this License and each and all of the covenants
herein contained shall inure to the benefit of and be binding upon the successors and assigns
of the respective parties hereto.
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PM/TC/Agrmt/C-Dublin/7-02
14. ABANDONMENT BY LICENSEE:
If LICENSEE shall, for a period of at least 120 consecutive days, fail to use or maintain "the
Trail" or any portion thereof, then all rights of LICENSEE in and to such portions not used or
maintained shall immediately terminate, at LICENSOR's sole discretion.
1'5. RESTRICTED USE:
The fights granted hereunder are for recreational trail use, including, but not limited to,
pedestrian, equestrian and bicycle use and no type of motor-driven vehicle shall be permitted
on "the Trail", except those of LICENSEE, LICENSOR or the permittees of each who are
utilizing "the Property" for construction, maintenance, repair, patrol or public safety
purposes. LICENSEE shall install Such barricades as are necessary to prevent unauthorized
access by motor-driven vehicles and shall post signs at points of entry to "the Trail" that such
vehicles are prohibited.
16. PATROL:
LICENSEE shall provide such patrol service consistent with LICENSEE's standards as is
necessary to prevent unauthorized use of "the Trail" and to protect the safetY of the users or
"the Trail". Its failure to do so shall constitute a breach of this License and justify immediate
termination of the same. If LICENSEE installs lock(s) on any gate(s) or barrier(s),
LICENSEE shall provide LICENSOR a key to said lock(s) within three (3) days of said
installation.
17. SIGNS:
LICENSEE shall install and maintain appropriate information and warning signs.
LICENSEE shall not-be responsible for any existing signs. LICENSEE shall also install
signs designating permitted Trail uses by the general public, regulations governing such uses
and specifically prohibiting operation of unauthorized motor vehicles.
18. WEED ABATEMENT:
As a consideration for this license, LICENSEE agrees to keep "the Property"' free from weeds
and other vegetation in accordance with local fire district requirements and shall not Call
upon LICENSOR to perform any such work unless specific reimbursement arrangements are
mutually agreed upon. It is the LICENSEE's' intent to plant wildflowers and/or landscaping
along side "the Trail." LICENSOR agrees to allow LICENSEE to plant
wildflowers/landscaping provided it is maintained in accordance with local fire district
requirements regarding weed abatement.
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19. DRAINAGE:
LICENSEE agrees to maintain, at its expense, drainage facilities necessary for Trail
operations excepting any drainage crossings owned and operated by Alameda County Flood
Control and Water Conservation District - Zone 7.
20. FENCING:
LICENSEE agrees to maintain, at its expense, all fencing and barricades on "the Property"
installed by LICENSOR or LICENSEE. LICENSEE shall not be responsible for the
maintenance of residential fencing installed by parties other that LICENSOR and
LICENSEE.
21. BRIDGE STRUCTURE:
LICENSEE shall, at its own expense, provide structural and aesthetic maintenance to all
bridges used as part of "the Trail". LICENSEE shall only provide structural and aesthetic
maintenance for the bridge(s) if damaged caused by trail use and to the extent necessary for
LICENSEE to operate the bridge as part of a trail system.
22. VANDALISM:
LICENSEE shall, at its own expense, promptly repair all damage caused by users of "the
Trail", including LICENSEE's Trail improvements, damages to "the Property", and to
existing and future utilities.
23. GRAFFITI:
LICENSEE shall, at its own expense, consistent with LICENSEE's standards, promptly
clean, repaint or remove any graffiti placed by users of "the Trail" on Trail improvements,
"the Property", and adjoining LICENSOR's improvements to "the Property" including,
existing and future utilities and fences, walls and buildings.
24. ENCROACHMENT PERMITS, EASEMENTS AND LICENSES:
LICENSOR shall have the sole fight to grant encroachment permits, rights of entry along
with easement rights and licenses to others for any purposes within "the Property" deemed
consistent with LICENSOR'S purpose of holding said .property for the aforementioned
present and future uses (including those related to the GST license) at LICENSOR's sole
discretiOn. Notification of encroachment permits granted easements and licenses and plans
under consideration fOr appr°ved by LICENSOR will be forwarded to LICENSEE for
LICENSEE's review and comment with regard to the impact of the proposed, if any, on "the
Trail." Any work by a permittee of LICENSOR which may require access on or across "the
Trail", or may affect "the Trail", such as requiring temporary closure of "the Trail",
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LICENSOR shall not issue said permits, fight of entry, easement rights or license until such
time LICENSOR has received written comment(s) from LICENSEE to enable LICENSEE's
public access and safety concerns to be addressed. Said written comments shall be provided
in a timely manner and not unreasonably withheld and such comments shall not bar action by
LICENSOR. LICENSOR shall consult with LICENSEE on safety requirements for
installation of utilities and if LICENSEE has not responded within 15 working days, then it is
presumed LICENSEE is in concurrence.
25. MODIFICATION:
This License shall be subject to modification or amendment, including the expansion of "the
Trail" to additional areas, only by the written, mutual consent of both parties.
26. ENTIRE AGREEMENT:
It is understood that this document contains the entire agreement between the parties hereto
and all prior understandings or agreements, oral or written, of whatsoever nature regarding
the rights hereby granted are Superseded by this License and are hereby abrogated and
nullified.
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w
IN WITNESS WI-IEREOF, the parties, hereto, thereunto duly authorized, have executed this
Agreement the day and year first above written.
LICENSOR LICENSEE
COUNTY OF ALAMEDA CITY OF DUBLIN
By: By:
Scott Haggerty, President Mayor, City of Dublin
Board of Supervisors of Alameda County
Approved as to form: Approved as'to form:
Richard E. Winnie City Attorney
County Counsel
By By Deputy County Counsel
I hereby certify under penalty of perjury that the
President of the board of Supervisors was duly
authorized to execute this document on behalf of
the County of Alameda by a majority vote of the
Board on
and that copy has been delivered to the President
as provided by Government Code Section 25103.
Attest:
for Crystal K. Hishida, Clerk
Board of Supervisors, County of
Alameda, State of California
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PM/TC/Agrmt/C-Dublin/7-02
LOCATION MAP
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