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HomeMy WebLinkAboutItem 4.07 Zone 7 License AgmtCITY CLERK FILE # 0600-40 AGENDA STATEMENT CTTY COUNCTL MEETING DATE: September 19, 2000 SUBJECT: Modification No. 2 to Zone 7 Flood Control, License Agreement of 1987 and Sublicense Agreement of 1995 Between the City of Dublin and Zone 7 of Alameda County Flood Control and Water Conservation District Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: RECOMMENDATION~ 1) 2) 3) 4) 5) Map and Description (Exhibit "A") of Project Area Modification No. 2 to the License Agreement Between the City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District Resolution Existing City Resolution No. 15-87 1987 Zone 7 Agreement Adopt Resolution approving Modification No. 2 to the Zone 7 License Agreement of 1987 FINANCIAL STATEMENT: This modification to the existing agreement has no specific financial impact to the City since the cost of design and construction of the Trail was borne by the project developers who developed projects adjacent to this section of Tassajara Creek. The developers were required to construct the trail as a condition of the approval of their respective site development permits. Maintenance of the Creek and the Trail will be in combination with Zone 7 Flood Control, East Bay Regional Parks District and the Santa Rita Landscape Maintenance Assessment. DESCRIPTION: In 1987, the Dublin City Council entered into an agreement for the joint use of a Zone 7 Flood Control maintenance road within the Alamo Creek Park to be used by the public' as a hiking trail and as an extension of the usable park area. The agreement requires the City to be responsible for certain public liability in exchange for allowing the public to use the maintenance road as a public trail. In 1995 the Agreement was modified to add a regional trail for public use along the Alamo Canal and San Ramon Creek that ties into and includes a portion of the Iron Horse Trail. g:\agenmisc\agst z7 mod tass ck.doc COPIES TO: Diana Gaines, Zone 7 ITEM NO. At this time, an additional section of trail along Tassajara Creek is proposed to be added to the regional trail system. This section of trail extends from Dublin Boulevard on the south to the northerly boundary of the Tassajara Meadows II subdivision. The trail has been constructed by the adjacent developers and the necessary right of way dedicated to Zone 7 as conditions of approval of the projects' respective site development permits. The modification of the 1987 License Agreement is one of the procedural items necessary to transfer responsibilities for portions of the Creek including the regional trail and the creek channel itself. The project is a joint effort with Zone 7, the East Bay Regional Parks District (EBRPD) and the City of Dublin. A sublicense agreement with the EBRPD will be executed after this agreement is amended. The sublicense agreement with the EBRPD will enable the District to operate and maintain the trail in Dublin as part of the EBRPD regional parks system. The EBRPD will provide maintenance and security in a manner consistent with other District trails. Staff recommends that the City Council adopt the Resolution approving Modification No. 2 to the Zone 7 License Agreement of 1987. Page 2 205.06' DESCRIPTION I /~/~  ZONE 7 ALAMEDA COUNTY FLOOD CONTROL AND · c,-J'' WATER CONSERVATION DISTRICT TASSAJARA CREEK LINE K REAL PROPERTY TO BE ACQUIRED FROM SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA,CALIFORNIA -- / CHECKED ~ '=200' 775.07' CENTRAL N 07"12'07' W 99.00' .i.,,./.... 04°35'55. W 128.99' DESCRIPTION A.P.N.:986 - 17 - 5 ,. (FORMERLY A,P.N.: 986-5-21) · ZONE 7 ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TASSAJARA CREEK LINE K I i REAL pROPERTY TO BE ACQUIRED FROM I ! SURPLUS PROPERTY AUTHORITY OF THE I ! COUNTY OF ALAMEDA, CALIFORNIA i t CHECKED SCALE l" = 200' .. I · A,'PROVA.V. ~EC:. R E-634 4 ~ : AppROVED SCALE:f'=IOO' PARCEL MAP 7357 P A R. F 0 U R N84°53 '0,~' I PARCEL "A" 5.848 AC. R=300.50' A=20'21'51' :D, 2-1/2" BP,,AS'S DISC IN :<" ".::~E ", MONUMENT WELL PER BK. 8 R.O.E.. Fi- 2:-29 3iAMPED "AI_A. C0- SURVEYOR. RS,3~. ~9,~'' 'FRACT 6979 ~ ', ; '" FD. 2-1/2" BRASS/DISC;IN CONCRETE MONUMENT WELL PEy BK. 8: R.O.S.,;PG 27,-2g A=37'55'4~ NSF13'I~'W(R)r't:';:: n,,i w~,!-I ... R=312.00' ,&=42~24'59" L=230.98' ~ 10' R=368.00' f' · ,b=15o53'42' L= 102.09' A=9"51'12' L=54.95' N69'21'20'E 21.48~1 282.82' ~ N88~46'38'W 284.27' · N5o06,56..E.Y "'-x,/~ · M-TIE 26. 5' ~_ ~ L=22.84' (284.27 ') 033.13' 1 ___ , ~ ~ "T"" (s~5.2~')~ ~' ~ (~o4.N') ~ hi- S ~I~ ~ bl~ [N88M6'30"W(R-3)] ~ ~. ~ ' ~l~ 5 I 2~5.05' / 80.19' NS~46'~W ~04.14' ~ /2ASSAJACREEK' m3.2~$ ~ 7 s,oo' ~ 21 RCEL C P,M. 725/ ~ ~l 234 P.M. 65 "4 DIETERICH POST REORDER NO 140121 A.P.N.: 986-17-3 10.00' :(R) DESCRIPTION I I I I FORMERLY A.P.N.: 986-5-Z2,28-)  ZONE 7 ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TASSAJARA CREEK LINE K REAL PROPERTY TO BE ACQUIRED FROM SURPL'US PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA , CALIFORNIA ..... ~ R.B.G. DATE APRIL , 199g CHECKED SCALE: I" = I 0 0 ' APPROVED EXHIBIT .~A" ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DESCRIPTION ZONE 7, LINE K(Tassajara Creek) Real Property to be acquired from SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA, CALIFORNIA, a public corporation. Map: RE-634 No. 8056 September 6, 2000 All that certain real property situated in the City of Dublin, County of Alameda, State of California, described as follows: PARCEL ONE [A.P.N. 986-16-18 (All)] PARCEL ~A", as said parcel is delineated and so designated on that certain map entitled ~PARCEL MAP 7257 SUMMER GLEN" etc., filed April 13, 1998, in Book 234 of Maps at pages 65 through 71 thereof, Records of Alameda CoUnty, California; Containing 7.15 acres, more or less. PARCEL TWO [A.P.N. 986-17-2 (All)] PARCEL "B", as said parcel is delineated and so designated on that certain map entitled ~PARCEL MAP 7257 SUMMER GLEN" etc. -filed April 13, 1998, in Book 234 of Maps at pages 65 through 71 thereof, Records of Alameda 'County,-California. Containing 6.30 acres, more or less. PARCEL THREE [A.P.N. 986-17-5 (All)] PARCEL ~A", as said parcel is delineated and so designated on that certain map entitled ~PARCEL MAP 7355" etc., filed September 1, 1999, in Book 246 of Maps at pages 35 through 42 thereof, Records of Alameda County, California. Containing 9.017 acres, more or less. \ No. 8056 Page 2 PARCEL FOUR [A.P.N. 986-5-22 (All)] PARCEL ~A", as said parcel is delineated and so designated on that certain map entitled ~PARCEL MAP 7357" etc., filed February 11, 1999, in Book 244 of Maps at pages 7 through 10 thereof, Records of Alameda County, California. Containing 5,848 acres, more or less. MODIFICATION NO. 2 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 AND THE USE OF FLOOD CONTROL CHANNEL FOR A REGIONAL TRAIL CONNECTION THIS MODIFICATION OF LICENSE AGREEMENT ("Modification") dated for identification as of ,200__, is entered into by and between the 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". 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, 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, Licensor is agreeable to such use so long as said Licensee shall hold Licensor free from all liability and claims for damage in accordance with said 1987 Agreement as modified by this Modification; 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 are: Tassajara Creek from Dublin Boulevard to a point north of Gleason Drive as shown per attached plans made a part hereof as Exhibit 'A'" APN's 986-17-2 (Parcel B of Parcel Map 7257), 986-17-3 (Parcel C of Parcel Map 7257) and 986-17-5 ( Parcel A of Parcel Map 7357) Page 1 of 2 2. Additional maintenance procedures shall be added to Section IX Maintenance and Operation to the 1987 Agreement: "Licensee shall provide routine sweeping and debris removal on hard-surfaced bicycle/pedestrian pathways and trash removal on gravel roads. Licensee shall post signs and take appropriate actions to warn of flooding of pathways, including barricading if necessary, when flooding occurs over the bicycle/pedestrian pathways. If any natural or catastrophic occurrence damages a bicycle/pedestrian pathway, Licensor shall repair the pathway to a standard for flood control maintenance and operation purposes, "Licensee shall maintain and operate Licensor's facilities in an orderly, safe, and sanitary manner free from waste, litter, and other items resulting from public access to the property. As used in this section, the term "litter" shall include, but not be limited to, paper, garbage, refuse, dead animals, trimmings, and other items that detract from the neat and tidy appearance of the Licensor's facility. "Licensee agrees to keep the Licensor's facilities free from weeds and other vegetation, and to abate weeds to District fire department standards." 3. In all other respects, the terms and provisions of the License 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. Date: ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER DISTRICT, "Licensor" CITY OF DUBLIN, By: President, Board of Directors By: Mayor, City of Dublin APPROVED AS TO FORM: RICHARD E. WINNIE, COUNTY COUNSEL APPROVED AS TO FORM: CITY ATTORNEY By: Assistant County Counsel By: City Attorney ATTEST: ATTEST: By: Secretary, Board of Directors By: City Clerk g:agenmisc\Z7 license agmt mod 2 Page 2 of 2 ESO'.VTION NO. - O0 Y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING MODIFICATION NO. 2 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 AND USE OF FLOOD CONTROL CHANNEL FOR A REGIONAL TRAIL CONNECTION WHEREAS, Zone 7 and the City of Dublin 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, Zone 7 has agreed to allow City to use certain flood control channel properties for maintaining parks and recreational facilities (Regional Trail Connection) within said channel properties; and WHEREAS, Zone 7 is agreeable to such use so long as City 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, Zone 7 is agreeable to such use so long as City shall hold Zone 7 free from all liability and claims for damage in accordance with said 1987 Agreement as modified by this Modification; and WHEREAS, it is mutually agreed between Zone 7 and City to add additional channel parcels to the 1987 Agreement for the privilege of using said parcels for park and recreational facilities (Regional Trail Connection) use under the terms of said I987 Agreement as modified by this Modification. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve Modification No. 2 to the 1987 Agreement between the City of Dublin and Zone 7 of the Alameda County Flood Control and Water Conservation District, attached hereto as Exhibit A, and authorizes the Mayor to execute same. PASSED, APPROVED AND ADOPTED this 19th day of September, 2000. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk g:agenraisc\reso z7 license agmt mod.doc RESOLUTION NO.' 15 -87 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE C0b~ OF AIAMEDA, ZONE ~ 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 7,1now maintains Alamo'Creek as their facility; and WHEREAS, an agreement has been reached between ~he 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 AGREEMENT THIS LICENSE AGREEMENT, made and entered into this 18th day of March , 19 87 , by and between .ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, hereinafter referred to as "Ltcensor,' and the CITY OF DUBLIN, a Municipal Corporation, hereinafter referred to as "Licensee," WITNESSETH 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 byagreement 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 the~e 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 saidLicensee 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 dsm8ges as described in Section X, 'LIABILITIES". A q- 7, qZe5 " II 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 he 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 RIGHTS 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 ~aithful 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) SECTION III. NON-E~MPTION 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 ordi~nces or the obtaining of-pe~its 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 X hereof. SECTION IV. REAL PROPERTY This License shall.apply to real property within the Zone 7 Project" acquired by Licensorin and about the City of Dublin. The initial property referred to herein as Alamo Creek is shown as Lot For Tract 5511 which is on file with Licensor and Licenses and which is attached hereto and made a pare 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 Licenses. Licensor shall retain the right to sell or change areas, but in the event that Licenses is damaged by such action, Licenses 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. 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 Licenses 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 Licenses for expenditure thereof. Said plansinclude 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, Licenses shall submit plans and specifications for the proposed additions to Licensor. The structure, facility or improvements shall not be initiated by Licenses until written approval is executed by the Licensor's General Manager. (4) 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 Linensee shall cause the park and recreational facilities.established pursuant to this agreement to be maintained and operated in an orderly, safe, and sanitary manner. Linensee may assign all of its rights, duties and liabilities under this License to another agency provided that such assignment is agreeable to Linensot and provided further that such agency gives written notice to Linensot that it accepts all of the rights, duties and liabilities imposed upon Linensee under this agreement, Linensee 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 Linensot to be not in its best interest as the1 property owner, Linensot may give notice of such fact to Linensee and Linensee shall change such rule or regulation in conformanceto Licensor's request insolaf as it may legally so do. Linensot shall be responsible for maintaining and operating the property covered by this agreement as necessary for the purposes of flood control and water conservation; Linensee shall be responsible for maintaining and operating the property coveredby the agreement as necessary for park and recreation purposes including, but not limited to, facilities and landscaping installed by Linensee. (5) SECTION X. LIABILITIES Licenses, insolaf as it may legally so do, shall hold and save Linensot free from all liability and claims for damages resulting from the construction, maintenance~ operation or public useof park and recreational facilities or landscaptnS on the property and shall carry public liability and property damage insurance or monetary coverage inan amount which will adequately protect Linensot 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 ~1,000,000 on each occurrence for property 'damage. These amounts shall. he 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 SM~A. 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 9overage effected by Zone 7 of Alameda County Flood Control and Water Conservation District, et all, shall be Called upon to contribute to a loss covered by the policy. Licenses 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 d~m~ges 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 Licenses 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 Licenses expressl7 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 Licenses 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 Licenses 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 Licenses and shall keep Licenses 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 reasonableLand 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. 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 oraddition 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: To City: General Manager Zone 7, Alameda County Flood Control and Water Conservation District 5997 Parkside Drive Pleasanton, CA 94566 City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 The. address to which any dotice 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. /~ IN WITNESS WHEREOF, Licensor and Licensee have caused thei~ corporaue names to be affixed bereto by their respective officers auuborized so to do ~be day and year first above written. ATTEST :,,/'~[/,/~,C,,~,[,~/ ' D Sec'=~ta~, ~/6ard of t,:ectors ZONE-7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATEk CONSERVATION DISTRICT "Liceusor' APPROVED AS TO FORM: see" (9)