HomeMy WebLinkAbout4.07 EBRPD SublicenseZn7
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CITY OF DUBLIN
AGENDA STATEMENT
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CITY COUNCIL MEETING DATE: August 8,1995
SUBJECT:
Sublicense Agreement Between the City of Dublin and the East
Bay Regional Park District (EBRPD) to maintain and Operate
Regional Trail for Public Use on Property Owned by Zone 7 of
Alameda County Flood Control and Water Conservation District
Report by Public Works Director Lee Thompson
EXHIBITS ATTACHED: / 1) Resolution
/ )) Sublicense Agreement Between the City of Dublin and the
f() East Bay Regional Parks District
RECOMMENDATION: t1N 1) Adopt Sublicense Agreement
2) Authorize Mayor to execute Agreement
This sublicense agreement has no specific financial impact other
than to authorize the cooperative effort with the East Bay Regional
Park District (EBRPD) to operate a portion of a regional trail system
as described below.
.DESCRIPTION: The City Council has approved a Capital Improvement Project for
the construction of a regional trail for public use along the Alamo Canal and San Ramon Creek. This
project is part of a larger ISTEA project to tie the Iron Horse Trail in San Ramon to the trail system in
Pleasanton. This sublicense agreement with EBRPD authorizes the EBRPD to manage and maintain
additional Zone 7 facilities as a regional trail connection (see Exhibit 2A for map).
FINANCIAL STATEMENT:
The attached sublicense agreement is one of the procedural items necessary to allow the EBRPD to
operate and maintain a Class I bikeway on Zone 7 canal right-of-way within the City of Dublin and will
pass on Dublin's responsibility for the trail maintenance and public liability to EBRPD. This regional
trail connection will be maintained and operated by the EBRPD in a manner consistent with other District
trails.
The project is a joint effort with Zone 7, the City of Pleasanton, the East Bay Regional Parks District and
the City of Dublin. This sublicense agreement with the East Bay Regional Parks District (EBRPD) is
being executed after a modification to the 1987 Agreement with Zone 7 has been executed. This
sublicense agreement will not preclude Zone 7 from operating the channel primarily as a conveyance
channel for flood control, drainage and water conservation purposes.
Staff recommends approval of this Sublicense Agreement with the East Bay Regional Parks District.
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Zone 7 C I T Y C L E R K
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RESOLUTION NO. ~95
A RESOLUTION OF THE CITY COUNCil
OF THE CITY OF DUBLIN
APPROVING SUBLICENSE AGREEMENT BETWEEN
THE CITY OF DUBLIN AND THE EAST BAY REGIONAL PARKS DISTRICT
REGARDING THE USE AND OPERATION OF FLOOD CONTROL CHANNEL FOR
A REGIONAL TRAIL CONNECTION
WHEREAS, Alameda County Flood Control and Water Conservation District,
Zone 7 (hereinafter "Zone 7"), is the owner of certain real property within the limits of
Alameda County which is used primarily as a conveyance channel for flood control, drainage,
and water conservation purposes (hereinafter "District"); and
WHEREAS, on March 18, 1987., Zone 7 and City entered into a License
Agreement (Hereinafter "1987 Agreement"). The 1987 Agreement was amended on August
8, 1995, by a modification to the 1987 Agreement (hereinafter "1995 Modification
Agreement"). The terms and conditions of the 1987 Agreement and the 1995 Modification
Agreement are incorporated herein by this reference, permitting City to use the Channel
Property for Trail purposes (hereinafter "Trail"); and
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WHEREAS, the City is authorized by the acts governing it to plan, improve,
maintain and operate facilities and parks for public recreation; and the District is authorized
by acts governing it to maintain and operate a regional Trail for public use; and
WHEREAS, East Bay Regional Park District (hereinafter "District") has
indicated its desire that this channel be operated and maintained so that a regional Trail
connection can be operated and maintained on the Channel embankments; and
WHEREAS, as used in this Sublicense Agreement "Trail" shall refer to a 20-
foot-wide corridor located on the most easterly bench of the Property, Alamo Canal (Line 7F),
South San Ramon Creek (Line 7 J), and Line 7 J6, described in Exhibit "A" attached, which
may include, subject to District's approval and inspection as provided in Section IX, an
asphalt or concrete path, shoulder, signs, bridges, entrance gates and bollards, drainage
facilities, and barrier fencing or walls; and
WHEREAS, District will and shall hold City free from all liability and claims for
damages as described in Section XVI, "LIABILITIES",
.
NOW, THEREFORE, BE IT RESOLVED that for and in consideration of the
promises herein and the covenants hereinafter contained and the mutual benefits to be
derived by both parties, City hereby confers upon District the Sublicense and privilege to use
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certain real properties for a regional Trail connection. These said properties shall be known
as Alamo Canal, South San Ramon Creek and Line J-6, as shown on Exhibit A attached. .
These properties may be supplemented from time to time by written mutual assent of the
parties. The description of such additional properties, when agreed upon by City and District,
in writing, shall be noted by attachment to this Sublicense Agreement. Such Sublicense shall
be for the purpose of maintaining and operating a regional Trail connection, which may
include bridges. District accepts said Sublicense and responsibility, and both parties agree
to the conditions hereinafter set forth in Exhibit A.
PASSED, APPROVED AND ADOPTED this 8th day of August, 1995.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
.
City Clerk
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SUBLICENSE AGREEMENT
. (ALAMO CANAL (Line 7F), SOUTH SAN RAMON CREEK (Line 7 J), LINE 7 J6)
CITY OF DUBLIN
TO
EAST BAY REGIONAL PARK DISTRICT
THIS SUBLICENSE LICENSE AGREEMENT (hereinafter "Sublicense Agreement"), made and
entered into this 8th. day of August, 1995, by and between the Sublicensor, CITY OF
DUBLIN, a Municipal Corporation, (hereinafter "City") and Sublicensee, EAST BAY REGIONAL
PARK DISTRICT, a California special district, (hereinafter "District").
RECITALS
WHEREAS, Alameda County Flood Control and Water Conservation District, Zone 7
(hereinafter "Zone 7"), is the owner of certain real property within the limits of Alameda County
which is used primarily as a conveyance channel for flood control, drainage, and water
conservation purposes (hereinafter "Channel").
.
WHEREAS, on March 18, 1987, Alameda County Flood Control District, Zone 7, and City
entered into a License Agreement (hereinafter "1987 Agreement"). The 1987 Agreement was
amended on August 8, 1995, by a modification to the 1987 Agreement (hereinafter "1995
Modification Agreement"). The terms and conditions of the 1987 Agreement and the
Modification Agreement are incorporated herein by this reference, permitting City to use the
Channel Property for Trail purposes (hereinafter "Trail").
WHEREAS, the City is authorized by the acts governing it to plan, improve, maintain and
operate facilities and parks for public recreation; and the District is authorized by acts governing
it to maintain and operate a regional Trail for public use; and
WHEREAS, District has indicated its desire that this channel be operated and maintained so
that a regional Trail connection can be operated and maintained on the Channel embankments;
and
WHEREAS, as used in this Sublicense Agreement, "Trail" shall refer to a 20-foot-wide corridor
located on the most easterly bench of the Property, Alamo Canal (Line 7F), South San Ramon
Creek (Line 7 J), and Line 7 J6, described in Exhibit "A" attached, which may include, subject to
District's approval and inspection as provided in Section IX, an asphalt or concrete path,
shoulder, signs, bridges, entrance gates and bollards, drainage facilities, and barrier fencing or
walls; and
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WHEREAS, District will and shall hold City free from all liability and claims for damages as
described in Section XVI, "LIABILITIES".
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2.
NOW, THEREFORE, BE IT MUTUALLY AGREED that for and in consideration of the promises
herein and the covenants hereinafter contained and the mutual benefits to be derived by both
parties, City hereby confers upon District the Sublicense and privilege to use certain real
properties for a regional Trail connection. These said properties shall be known as Alamo
Canal, South San Ramon Creek and Line J-6, as shown on Exhibit A attached. These
properties may be supplemented from time to time by written mutual assent of the parties. The
description of such additional properties, when agreed upon by City and District, in writing, shall
be noted by attachment to this Sublicense Agreement. Such Sublicense shall be for the
purpose of maintaining and operating a regional Trail connection, which may include bridges.
District accepts said Sublicense and responsibility, and both parties agree to the conditions
hereinafter set forth:
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SECTION I. PROPERTY RIGHTS
This Sublicense Agreement and its acceptance and exercise grants no Property interest or
estate in the aforesaid real properties to District other than as herein set forth.
SECTION II. TERM
This Sublicense is granted for a term of fifty (50) years from the date hereof with an option to
District of renewal for an additional period of fifty (50) years thereafter upon application therefor
accompanied by a showing of faithful exercise thereof according to the covenants herein; either .
this original grant or any renewal thereof to be subject to termination under the covenants
provided herein to govern such termination.
SECTION III. NON-EXEMPTION
This Sublicense Agreement does not and shall not be interpreted to grant District any rights to
proceed with such maintenance and operation of said regional Trail connector thereunder
without compliance with all applicable Federal or State Laws or local ordinances or the
obtaining of permits or authorization required by the City or any other public agency, nor shall it
be construed as authorizing any zoning variance or establishing any precedent for similar
variance.
SECTION IV. REAL PROPERTY
This Sublicense shall apply to real property within Zone 7 of Alameda County Flood Control and
Water Conservation District acquired by City in and about the City of Dublin pursuant to the
1987 Agreement and the 1995 Modification Agreement. The properties referred to herein as .
Alamo Canal (Line 7F), South San Ramon Creek (Line 7 J), and Line 7 J6 are shown on Exhibit
A which is attached hereto and made a part hereof.
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SECTION V. MASTER LICENSE
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This Sublicense Agreement is subject to the terms and conditions of the 1987 License and
1995 Modification Agreement. District hereby acknowledges the title of Alameda County Flood
Control and Water Conservation District, Zone 7, in and to the Alamo Canal (Line 7F), South
San Ramon Creek (Line 7 J), and Line 7 J6 Channel Property and agrees never to assail or
resist said title nor to acquire any rights or interest in said real Property except through the
lawful exercise of eminent domain proceedings. Neither City nor District have or claim any right
to use the Alamo Creek (Line 7f), South San Ramon Creek (Line 7j), or Line 7 J6 Property
beyond those specifically given in the 1987 Agreement and the 1995 Modification Agreement.
District has received a copy of the 1987 Agreement and the 1995 Modification Agreement and
agrees to abide by all terms of the 1987 Agreement and the 1995 Modification Agreement
where applicable. City and District agree that if the terms and conditions of this Sublicense
Agreement should conflict with or be inconsistent with those of the 1987 Agreement or 1995
Modification Agreement, the terms and conditions of the 1987 Agreement and 1995
Modification Agreement shall prevail.
SECTION VI. PAYMENT
This Sublicense shall not require payment of any rent or other charges to City by District for the
use of the aforesaid real Property for the purposes for which it is granted.
.
SECTION VII. NATURE OF USE
This Property consists of a corridor which is used for flood control purposes. Any and all rights
granted by this Sublicense shall be subordinated to the uses mentioned hereof, as well as to all
other uses of the Property made or permitted by City.
District acknowledges that the use described hereof constitutes the primary use of the Property
and that District's use of Trail pursuant to this Sublicense is secondary and subordinate to said
primary uses. District shall not, at any time, use or permit the public to use Trail in any manner
that will materially interfere with or impair said primary use of the Property. All rights granted to
District hereunder are subject to all existing and future rights, rights of way, reservation,
franchises, and licenses in the Property, regardless of who holds the same, including City's and
Zone Ts right to use Trail for emergency or maintenance vehicle access or other purpose.
This Sublicense Agreement is entered into solely for the purpose of authorizing District to
provide such maintenance and operation of regional Trail connection on this Property for use by
the general public without discrimination as to place of origin, race, age, sex, or religion.
.
SECTION VIII. TERMINATION AND ABANDONMENT
a. If the License granted by the 1987 Agreement should terminate for any reason, by
abandonment, revocation or otherwise, this Sublicense Agreement shall also terminate,
provided that City provides District with a copy of any notice of revocation, termination or
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nonperformance it receives from Zone 7 which may affect the Trail. Upon such termination of
this Sublicense Agreement, District shall have no claim whatsoever upon City for the
reimbursement of any District cost in exercising District's rights under this Sublicense .
Agreement.
b. If District fails to maintain the Trail or any portion thereof, to a level consistent with
District Standards as provided to its other recreational facilities, for a period in excess of thirty
(30) days, City may send to District a written Notice of Belief of Abandonment. If District fails to
respond to said Notice or fails to commence maintenance of Trail, or the portion of the Trail
specified in the Notice, within ninety (90) days following the delivery of said Notice to District,
the Trail or the portion of the Trail specified in the Notice shall be deemed abandoned by the
District.
c. If District breaches any material term of this Sublicense Agreement and, after thirty (30)
days written notice from City to do so, fails to correct or commence correction of said breach,
then City shall have the right to terminate this Sublicense Agreement.
d. The City shall have the right to terminate this Sublicense Agreement with reasonable
cause, upon thirty (30) days prior written notice to District. Upon revocation or termination of
this Sublicense Agreement or abandonment of all or part of the Trail, City shall have the right,
within ninety (90) days following such abandonment, termination, or revocation, to request
District to remove from the Alamo Creek, South San Ramon Creek, and Line J-6 Property, or
the portion abandoned, at District's sole expense, such portions of the Trail signs, markings,
gates, fences, and bollards; installed by District or at District's direction. If the District fails to .
remove Trail signs, markings, fences and bollards, installed by District or at District's direction,
said items may be removed by City at the District's expense which expense District agrees to
pay City promptly upon demand.
e. Upon revocation or termination of this Sublicense Agreement or abandonment of all or
part of the Trail, all rights of District in and to the Trail, or such portion of the Trail as has been
abandoned, shall terminate and sole right, obligation and privilege to use the subject Property
under the License granted by the 1995 Modified Agreement, shall revert to City, unless the
License granted by the 1995 Modified-Agreement has been revoked or terminated by Zone 7.
SECTION IX. APPROVAL AND INSPECTION OF WORK
District shall not perform any construction, reconstruction, remodeling, removal, or other work
on Trail, excluding routine maintenance, without first obtaining City's and Zone 7 approval in
writing of said work. In seeking City's approval, District shall furnish to City a complete
description and sketch of the work proposed to be performed. In performing work approved by
City, District shall comply with all terms, conditions, and requirements imposed by City and shall
not deviate in any material manner from the description and sketch approved by City, without
first obtaining additional approval in writing from City.
.
District shall maintain Trail to provide continuous, unobstructed vehicle access which is twenty
(20) feet wide and fourteen (14) feet high. City has disclosed to District that the use of Trail
may include maintenance vehicles. District agrees to maintain and operate Trail surfaces to
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accommodate such use, and shall assume all responsibility for the repair and maintenance of
any damage that may be caused by the competent, usual, and responsible use of such
vehicles.
District shall not be required to obtain City's prior written approval for the performance of routine
maintenance or emergency repairs. As used in this section, the term "routine maintenance"
refers to work that does not alter the original condition of Trail as previously approved in writing
by City, which repairs are necessary to protect the safety of the public and others. Except in the
case of emergency or routine maintenance, District shall consult City at least seven (7) days
before any major maintenance operations are performed by District. Work shall be done in
such a manner that City shall at all times be able to use and gain access to its facilities when
possible.
All work performed by District under this section shall be subject to inspection by City and/or
Zone 7. City shall have the right to have an inspector, at its sole expense, at the site of the Trail
during the construction of the Trail.
SECTION X. SIGN AND MARKINGS
District shall have the right to install appropriate informational trail markings and signs. District
shall also install signs designating permitted Trail uses by the general public, regulations
governing such uses, and specifically unauthorized motor vehicles.
.
SECTION XI. PROHIBITED USES
Neither City nor District shall authorize any commercial or industrial activities to be conducted
on Trail. With the exceptions of the signs and markings permitted by Section X of this
Sublicense Agreement, neither City nor District shall authorize any advertising or identification
signs or displays. Neither City nor District shall permit any type of motor vehicle to be driven or
parked on Trail, except those of City, Zone 7 or District being used for maintenance, patrol or
public safety purposes.
SECTION XII. SUBORDINATE USE
.
The Alamo Canal (Line 7F), South San Ramon Creek (Line 7 J), and Line 7 J6 properties
accommodate Alameda County Flood Control and Water Conservation District's, Zone 7 canal,
necessary in the performance of its duties. Any and all rights granted or implied by this
Sublicense Agreement are limited to use of the surface of said Property for the uses described
herein and shall be subordinate to Zone Ts use of the Property, and to City's right to convey
rights to third party persons in said Property for other, different or additional purposes not
inconsistent with this Sublicense Agreement. The reconstruction, maintenance, removal and
repair of the Trail by District shall at no time and in no way whatsoever interfere with the
operations of Zone 7. Any rights the City conveys to a third party will not preclude the District's
use of the property for trail purposes.
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SECTION XIII. APPROVALS
Prior to the initial construction of Trail or any reconstruction thereof performed by City on the .
Alamo Canal (Line 7F), South San Ramon Creek (Line 7 J) and Line 7 J6 Property, City shall
submit detailed plans to District. City shall not proceed with such work without the prior written
approval of District's Design Department. District shall review the plans and specifications in a
timely fashion and approval shall not be unreasonably withheld.
District shall have the right to have an inspector, at District's sole cost, at the site of the Trail
during the construction of Trail.
SECTION XIV. MAINTENANCE AND OPERATION
District shall cause the regional Trail connection facilities established pursuant to this
Sublicense Agreement to be maintained and operated in an orderly, safe, and sanitary manner
free from waste, litter, and other items resulting from public access to the Property and left by
parties other than City and its permittees in a manner consistent with other: district trails. 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
Trail. If District fails to properly maintain the Property then, after thirty (30) days' prior written
notice specifying the need work, City may perform or cause to be performed the necessary
work at the expense of District, which expense District agrees to pay to City upon demand.
District agrees to keep the Trail free from weeds and other vegetation, and to abate weeds to
District fire standards
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District shall maintain at its expense all Trail improvements, including Trail pavement, signs, and
bollards.
District shall maintain the condition of the Trail surface. District shall repave the Trail as would
be required by normal and reasonable use. District shall also repair the Trail if the Trail is
damaged during public use. District shall not be responsible if the Trail is damaged during Zone
7 maintenance of the Channel during flood control, drainage, or water conservation repair
measures. Zone 7 shall repair damage to the trail caused by Zone 7 maintenance or
construction activities.
District 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 regional Trail connection
purposes. If any such rule or regulation is contrary to the primary interest of flood control,
drainage, or water conservation or is deemed by City to be not in its best interest as the
Property user, City may give notice of such fact to District and District shall change such rule or
regulation in conformance to City's request insofar as it may legally so do. This supports the
primary purpose of the Channel for flood control, drainage, and water conservation as .
described in the 1987 Agreement and the 1995 Modification Agreement between Zone 7 and
City. Per the 1987 Agreement and the 1995 Modification Agreement, Zone 7 and City shall be
responsible for maintaining and operating the subject Trail as necessary for the purposes of
flood control, drainage, and water conservation; District shall be responsible for maintaining and
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operating the subject Trail as necessary for regional Trail connection purposes including, but
not limited to, facilities and bikeway signs installed by District.
SECTION xv. PATROL
District agrees to devote the same standards and levels of public safety patrol as is necessary
to prevent unauthorized use of the trail and to protect the safety of the users of the Trail as it is
able to and does devote to its other recreation facilities. District's failure to provide such patrol
service shall constitute a breach of this Agreement and justify immediate termination of the
same.
SECTION XVI. LIABILITIES
District, insofar as it may legally so do, shall indemnify, save, protect, defend, and hold
harmless City, its boards, officers, employees, agents and contractors from and against any and
all loss, liability, expense, claims, costs, suits, and damages, including attorney's fees, arising
out of or connected with District's operations and performance or public use of Trail or Property,
except to the extent caused by negligence of City.
.
District shall maintain damage insurance or monetary coverage in an amount which will
adequately protect City 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. Policies for such insurance shall name
the City of Dublin, its boards, officers, employees, agents and contractors as additional insureds
and copies thereof, certificates of payment of premiums thereon, or other proof of insurance
acceptable to City, shall be furnished to City by District. It is agreed that such insurance or
monetary coverage as is afforded by the policy to East Bay Regional Park District, et. aI., shall
apply as primary insurance. No other insurance effected by East Bay Regional park District et.
aI., shall be called upon to contribute to a loss covered by the policy.
District has the right and option to self-insure the requirements under this section upon written
notice to City that District assumes the obligations in the place and stead of any insurance
carrier, any reference to failure of coverage notwithstanding. In the event that District elects to
self-insure, District shall provide to City a certificate or other evidence of self-insurance
acceptable to City.
Notwithstanding any provision elsewhere in the Sublicense Agreement, City shall not be liable
for damages arising from District's actions or land use for regional Trail connection purposes. It
is understood between the parties that channels retain their natural state so that the regional
Trail connection can be operated and maintained on the channel embankments for recreational
use by the general public.
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SECTION XVII. COSTS AND EXPENSES
By City's approval of regional Trail connection facilities, City in no way assumes any liability or .
obligation whatsoever for any costs or expenses to be incurred by District under this Sublicense
Agreement for the purposes for which said Sublicense Agreement is made.
SECTION XVIII. RIGHTS AND DUTIES OF CITY
Notwithstanding any provisions elsewhere in this Sublicense Agreement, it is understood and
agreed by District that the primary purpose of the subject Property is flood control and water
conservation and that operations in furtherance of said purpose must take precedence over any
and all other uses of the subject site. City shall furnish to the District, when practicable, notice
of any flood control, drainage, or water conservation operations which would affect the facilities
or operations or District and shall keep District informed, when practicable, of any conditions or
plans which might result in such operations.
City and its permittees shall have the right to suspend or to limit the use of the Trail by District
and the general public for a reasonable amount of time for protection of public safety, or for the
construction, installation, operation, maintenance or repair of other facilities on the Property.
Should such suspension or limitation be necessary, City shall provide District fifteen (15) days'
prior notice in writing, except in cases of emergency maintenance or repairs.
It is also agreed that, during the existence of this Sublicense Agreement, if it is required for the .
City to do repair to the Trail for other purposes that the City will return the Trail to its condition
before repair.
It is also agreed that, during the existence of this Sublicense Agreement, District shall have all
reasonable and necessary rights to open and allow the public to enter the subject Property for
use of the regional Trail connection.
City shall be held responsible or liable for unavoidable damage or removal of any fences, gates,
asphalt or concrete paving, or other items which may be placed, installed, repaired or
constructed as part of Trail when City finds it necessary to accomplish work for the
maintenance, construction, repair, reconstruction or alteration of Property. However, City will
exercise reasonable care to minimize adverse impacts of such work upon Trail Property and
shall replace in kind any improvements damaged or removed due to City's work.
SECTION XIX. DAMAGE TO PROPERTY
It is understood and agreed by and between the parties hereto that the Property is subject to
sliding, erosion, subsidence, and flooding, and that City is under no obligation to maintain the
Property or repair any damage resulting from sliding, erosion, subsidence, or flooding unless in .
the sole discretion of City such damage affects the integrity of the flood control measures. In
the event of any lesser damage, District shall perform such maintenance or repair as District
may deem necessary for proper and safe operation of Trail.
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SECTION XX. POLLUTION
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District, at its expense, shall comply with all applicable laws, regulations, rules, and others, with
respect to its use of the Trail, regardless of when they become or became effective, including,
without limitation, those relating to health, safety, noise, environmental protection, waste
disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon
request of City.
No hazardous materials shall be handled by District at any time upon the Property. Should any
discharge, leakage, spillage, emission or pollution of any type occur upon or from the Property
caused by District's employees, contractors or agents, District, at its expense, shall be obligated
to clean all the Property affected thereby to the satisfaction of City (insofar as the Property
owned or controlled by City is concerned) and any governmental body having jurisdiction
thereover, and shall immediately notify the City of any such occurrence.
To the extent permitted by law, District shall indemnify, hold harmless, and defend City, its
boards, officers, employees, agents, and contractors and such holders of user rights against all
liability, cost, and expense (including, without limitation, any fines, penalties, judgments,
litigation costs, and attorney's fees) incurred by City and such other users as a result of
District's breach of this section or as a result of any such discharge, leakage, spillage, emission
or pollution, except to the extent such liability, cost or expense is proximately caused by the
active negligence of City.
. District shall pay all amounts due City under this section within ten (10) days after any such
amounts become due.
SECTION XXI. DRAINAGE
City agrees to maintain, at its expense, all longitudinal drainage and cross culverts not part of
the Trail. District agrees to maintain, at its expense, drainage facilities necessary for Trail's
operation.
SECTION XXII. FENCING
District agrees to maintain, at its expense, all fencing and barricades on the Property installed
by City or District or at District's direction. District shall not be responsible for the maintenance
of residential fencing installed by parties other than District.
SECTION XXIII. VANDALISM
.
District shall, at its own expense, promptly repair all damage to Trail improvements, to the
Property, and to existing and future utilities, caused or contributed to by users of the Trail.
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SECTION XXIV. GRAFFITI
District shall, at its own expense, promptly clean, repaint, or remove any graffiti placed by users .
of the Trail on Trail improvements.
SECTION XXVII. ENCROACHMENT PERMITS
Zone 7 shall have the sole right to grant encroachment permits or rights of entry within the
Property for a specific purpose, i.e. maintenance by contractor. The encroachment permit shall
be for a limited time period and not on-going. Notification of encroachment permits granted and
plans approved by Zone 7 will be forwarded to District and City.
District shall obtain permits from all other agencies as required for construction of the Trail
improvements.
SECTION XXVI. 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 Sublicense and are hereby abrogated and
nullified.
.
SECTION XXVII. MODIFICATION
If, during the life of this Agreement, it becomes necessary to amend to add to the terms,
conditions, scope or requirements of this Sublicense Agreement, such amendment or addition
shall only be made after mutual agreement of the parties hereto and the execution of a written
modification of this Sublicense Agreement.
.
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SECTION XXVIII. NOTICES
. All notices or other writings in this Sublicense Agreement provided to be given or made or
sent, or which may be given or made or sent, by any of the parties hereto 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 CITY OF DUBLIN:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
To DISTRICT:
East Bay Regional Park District
2950 Peralta Oaks Court
P.O.- Box 5381
Oakland, CA 94605
.
.
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IN WITNESS WHEREOF, City and District have caused their corporate names to be affixed
hereto by their respective officers authorized to do so the day and year first above written.
EAST BAY REGIONAL PARK DISTRICT
BY
General Manager
APPROVED AS TO FORM:
BY
District Counsel
CITY OF DUBLIN
BY
Guy Houston, Mayor of Dublin
ATTEST:
BY
Kay Keck, City Clerk
APPROVED AS TO FORM:
City Attorney
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