HomeMy WebLinkAboutItem 4.03 Rec Use License Zone7
CITY CLERK
File # D~[D]Q]-~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 15,2004
SUBJECT:
Approval of Replacement Recreational Use License Agreement
with Zone 7 of the Alameda County Flood Control and Water
Conservation District (Zone 7)
Reporl Prepared by: Mark Lander, Cily Engineer
ATTACHMENTS:
1)
Resolution Approving Recreational Use Agreement with
Zone 7, together with Exhibits "A", Agreement, and "B",
Map showing Licensed Areas
City Council Resolution 15-87
Original License Agreement from 1987
Vicinity Map
2)
3)
4)
RECOMMENDATIO" - rVAdOPt Resolution approving the Recreational Use License
2 '~bV" ~gre'mrnt with Zoo< 7
FINANCIAL STATEMENT: The pedestrianlbike path within the segment of Tassajara Creek to
be added to the License Agreement was constructed as part of the
improvements for Tracts 7075 and 7279 (Tassajara Creek Phases I
and II) by Greenbriar Homes. The Recreational Use Agreement
stipulates that ongoing maintenance of the pedestrian and bicycle
path will be the City's responsibility, whereas maintenance of the
adjacent flood control facilities will remain with Zone 7. Cost for
the additional 3,000 feet of trail covered under the agreement is
estimated at $10,000 per year. Funds are available in thc current
fìscal year Strect Maintenance Budget 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 allows 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: Joe Seta, Zone 7 Water Agency
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ITEM NO.
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Greenbriar Homes has completed construction of portions of the Tassajara Creek Regional Trail within
Tracts 7075 and 7279. These improvements extend the trail from a point 1,300 feet north of Gleason
Drive to Somerset Drive. The City will be assuming maintenance of the trails upon acceptance of thc
tract improvements for Tract 7075, under separate Council action on this agenda. The trails aTe
constructed on parcels intended for dedication to Zone 7; Zone 7 is scheduled to accept these creek
parcels on February 16, 2005. Since the creek parcels are encumbered by public access to thc trail, Zone
7 will require that the trail be included in the trail license agrcement with the City.
In lieu of executing a sixth modification to the existing license agreement for thc new segment of trail,
Zone 7 has proposed that a single new agrecmcnt be executed which would replace the existing agreement
and the five modifications. City Staff concurs with this proposal as the existing agreement and scrics of
modifications havc become cumbersome to interpret.
The terms of the new agrccment generally follow the terms of the existing agreement. In addition to
assuring the public's access to thc pcdestrian and bicycle path, the license agrccment will transfer the
maintenance obligation and liability for the path and adjoining landscaping from Zone 7 to the City. The
Tassajara Crcck Maintenance Association will be responsible for landscape maintenance through the
Greenbriar project under an access and maintenance agreement between the City and the Association (this
agreement will be approved under separate Council action as part of the acceptance for Tract 7075).
Maintenance of the adjacent flood control facilities will remain with Zone 7.
Upon execution of the replacement license agreement, the City wi11 have continuous license rights or
easements for a 6,000-foot trail from Dublin Boulevard north to Somerset Drive, including connections to
Emerald Glen Park.
Staff recommends that thc City Council adopt the Resolution approving the Recreational Use License
Agreement with Zone 7.
Page 2Ob~
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RESOLUTION NO. - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING RECREATONAL USE LICENSE AGREEMENT BETWEEN THE CITY OF
DUBLIN (CITY) AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT (ZONE 7) REGARDING THE REPLACEMENT OF
THE EXISTING 1987 LICENSE AGREEMENT AND MODIFICATION NOS. 1,2,3,4 AND 5,
AND THE ADDITION OF A CHANNEL PROPERTY TO THE LICENSE
WHEREAS, Zone 7 and the City previous1y entered into a License Agreement on March 18,
1987, as authorized by City Counci1 Resolution No. 15-87; and
WHEREAS, said License Agreement has been subsequently modified by Modification Nos. 1,2,
3, 4, and 5 dated August 8, 1995, September 19, 2000, December 17, 2002, Octobcr 7, 2003, and
November 18, 2003, as authorized by City Council Resolution Nos. 93-95, 170-00, 232-02, 200-03, and
228-03 respectively; and
WHEREAS, thc City proposes to further amend the License Agreement to add to the channel
segments governed by the agreement one segment of the Tassajara Creek Regional Trail from a point
1,300 feet north of Gleason Drive to Somerset Drive, said segment being more precisely described as
Parcels C, D, and E (Assessor's Parcel Nos. 986~030-001, 986-029-006 and 986-29-007) of Tract 7075
Tecorded April 18, 2001, in Book 257 of Maps at Pages 47-61, Official Records of Alameda County; and
WHEREAS, Zone 7 and the City concur that execution of a single Tep1acement Recreational Use
License Agreement, including this trail segment, would be prcferable to further modification of the
existing agreement; and
WHEREAS, Zone 7 has agreed to allow the City thc use of said flood control channel properties
for park and recreational purposes within said channel properties; and
WHEREAS, Zone 7 is agreeable to such use on condition that the City improves, maintains, and
operates such park and recreational facilities in a manner that will not interfere with basic flood control
purposcs ofthc channel; and
WHEREAS, Zone 7 is agreeable to such use on condition that the City holds Zone 7 free from all
liability and claims for damage in accordance with said Recreational Use License Agreement as adopted;
and
WHEREAS, it is mutually agreed between Zone 7 and the City to add said Tassajara Creek
segment to the Recreational Use License Agreement for the privilege of using said parce1s for park and
recreational faeilitics use under the terms of said License Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hcreby approve the Recreational Use License Agreement between Zone 7 of the Alameda County Flood
Control and Water Conservation District and the City of Dublin, attached hereto as Exhibit "A".
1
2.~IS-05 4,3
ATTAumNT I.
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BE IT FURTHER RESOLVED that thc City Clerk of the City of Dublin is hereby directed to
transmit a eertificd copy of this Resolution, along with duplicate executed copies of the Recreational Use
License Agreement to Zone 7 for thc District's Board approval and processing.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 15th day of February, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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RECREATIONAL USE LICENSE AGREEMENT
THIS LICENSE AGREEMENT (hereinafter "LICENSE"), is made and entered into this 16th
day of .February, 2005, by and between Zone 7 of Alameda County Flood Control and Water
Conservation District, a body corporate and politic (hereinafter "ZONE 7") and the City of
Dublin, a Municipal Corporation (hereinafter "CITY").
RECITAL
A. 'Both parties are authorized by the acts governing them to plan, improve, maintain and
operate facilities and parks for public recreation;
B. ZONE 7 has accepted and/or will be accepting certain rights of way (hereinafter
"LICENSED AREAS"), which can be used for park and recreation uses in accordance
with this LICENSE AGREEMENT and amendments thereto;
C. CITY has indicated its desire that these rights of way be developed so that a park-like
atmosphere can be created within and about the LICENSED AREAS;
D. The purpose of this LICENSE AGREEMENT is to amend and supersede the original
License Agreement entered into by the CITY and ZONE 7 on March 18, 1987, and all
modifications thereto; and
E. ZONE 7 is agreeable to such use by CITY on the LICENSED AREAS and hereby grants
a non-exclusive LICENSE for said use upon the following terms and conditions.
NOW, THEREFORE, BE IT MUTUALLY AGREED as follows:
1. Permitted Use. Subject to the terms of this LICENSE, the CITY is permitted to construct,
improve, maintain and operate the LICENSED AREAS for park and recreation purposes.
2. Licensed Areas. The LICENSED AREAS are identified in Exhibit A (Location Map) and rnore
particularly described and delineated in Exhibits B-1 through B-6, which are attached hereto and
made a part hereof.
3. Additional Licensed Areas. Additional LICENSED AREAS, as mutually agreed upon by CITY
and ZONE 7, may be added by written amendment to this LICENSE.
4. License Fee. This LICENSE shall not require payment of any rent or other charges to ZONE 7
by CITY for the use of the LICENSED AREAS for the purposes for which it is permitted.
5, Term of License.
a. The term of this LICENSE shall be for twenty-five (25) years from the date of execution
of this LICENSE with an option to CITY of renewal for additional periods of twenty-five
(25) years thereafter upon application therefore accompanied by a showing of faithful
exercise thereof according to the covenants herein; either this original LICENSE or any
renewal thereof to be subject to termination under the covenants provided herein to
govern such termination. Renewals shall be subject to updating the conditions on use
of the LICENSED AREAS.
b. CITY's obligations under Section 11 ("Indemnity") and Section 13 ("Waiver of Claims")
shall survive the termination of this LICENSE.
EXHIBIT Å
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6. Limitations
a. This LICENSE is granted solely for the purpose of authorizing CITY to provide park
and recreational uses at the LICENSED AREAS for general public use without
discrimination as to place of National origin, Ancestry, Ethnicity, race, color, gender,
age, marital status, pregnancy, sexual orientation (real or perceived), medical
condition, physical or mental disability, or religion..
b. It is understood and agreed by CITY that the primary purpose for which ZONE 7 has
acquired and owns the LICENSED AREAS is for flood control and water management
and that operations in furtherance of said purpose must take precedence over any and
all other uses of the subject LICENSED AREAS.
c. ZONE 7 shall have all reasonable and necessary rights of entry to the subject
LICENSED AREAS, including the right to alteration or repair and maintenance and
operation for flood control and water management purposes. Use of the LICENSED
AREAS by CITY or the public in general, shall be at all times subject to the primary use
of the aforesaid LICENSED AREAS for flood control and water management purposes.
d. CITY shall obtain and comply with all required permits, agreements and/or regulatory
approvals relating to the improvement, maintenance or operation of the LICENSED
AREAS for park and recreational purposes including all federal, state, or local
government requirements. This requirement includes compliance with CEQA as well as
any necessary construction, building or use permits, including any progress inspections
that may be required by any regulatory body.
e. Prior to installation of any permanent facilities or landscape improvements, CITY shall
submit plans and specifications and any related approvals required in a.d. to ZONE 7
for review. The facility or improvements shall not be installed by CITY without first
obtaining written approval from ZONE Ts General Manager. Written approval shall not
be unreasonably withheld and said approval shall be given unless ZONE 7, in its sole
discretion, determines that such structures, facilities or improvements wouid interfere
with the primary use of said areas for flood control and water management purposes.
Zone 7 hereby acknowledges that all permanent facilities and landscape improvements
on the Licensed Areas as of February 16, 2005 have been approved by Zone 7 and do
not require further approvals under this subsection 6.e.
f. Should ZONE 7, in its sole discretion, reasonably determine that any of CITY's activities
or improvements interfere with any ZONE 7 activities or operations, ZONE 7 may
require CITY to eliminate said interference, by providing CITY with written notice of
ZONE Ts requirement and the reasons therefore. Within 30 days of its receipt of
such notice, CITY shall proceed forthwith to remedy the problem, as directed by ZONE
7. In the event CITY fails to remedy or correct the problem within such thirty day period,
ZONE 7 may take such action as ZONE 7 deems reasonably necessary to remedy such
interference, all at CITY's sole expense.
g. CITY agrees to abide by any future LICENSED AREAS Rules and Regulations which
may be adopted by ZONE Ts Board of Directors.
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h. CITY agrees to accept this LICENSE to the LICENSED AREAS on an "as-is' basis, and
ZONE 7 has no obligation for maintenance or repair of LICENSED AREAS during the
term of this LICENSE.
i. CITY shall be solely responsible for any damage or loss to CITY's improvements
resulting from theft or vandalism or resulting from any other cause. ZONE 7 shall not
provide security for CITY's improvements nor LICENSED AREA in general. ZONE 7
shall not be responsible for any loss or damage suffered by CITY (including direct or
indirect loss or damage, or incidental or consequential loss or damage) resulting from
any damage to CITY's improvements or loss of use thereof suffered in connection with
this LICENSE.
j. Suspension or Limitation of Use: ZONE 7 shall have the right, without liability to CITY,
to suspend any licensed uses temporarily or to limit this LICENSE and the use of the
LICENSED AREAS by the CITY during such periods of time as ZONE 7 determines
that such suspension or limitation is necessary in the interest of public safety, national
security, or the operation or maintenance of its flood or water facilities. Zone 7 will
provide notice of its determination to suspend or limit use to CITY pursuant to section
14 of this License Agreement.
7. Park Maintenance and Operation
a. CITY shall cause any park and recreational improvements to be constructed,
maintained and operated in an orderiy, safe, and sanitary manner at all times. Said
park and recreational improvements may include but not limited to: pathways for
bicycle, pedestrian or equestrian uses, non-standard flood control fencing, information
and warning signs and landscaping.
b. The removal of litter, vegetation and other items from the LICENSED AREA shall be the
responsibility of the CITY.
c. The LICENSED AREA may be subject to slides, erosion, subsidence, flooding and
other damages. In the event that CITY's use of the LICENSED AREA is impacted by
such damages, ZONE 7 will make its best efforts to repair ZONE Ts facilities to Zone
7 standards; however, such repairs will be subject to available funding and other
maintenance priorities as determined by ZONE 7 in its sole discretion. Repair of
damage to recreational facilities shall be the responsibility of CITY and at CITY's sole
cost. CITY shall perform such repair, as CITY may deem necessary for proper and safe
operation of the LICENSED AREA.
d. In the performance of routine and/or emergency repair activities ZONE 7 will exercise
reasonable care to avoid removal or damage to existing CITY installed structures and
improvements and CITY, at its sole cost, shall be responsible for any reinstallation,
repair or reconstruction work.
e. CITY agrees to give Zone 7 reasonable notice of its major maintenance activities
that may conflict with ZONE Ts maintenance of its flood control channel. Major
maintenance activities Include but are not limited to work on any permanent structure,
facility and/or vegetation work that may conflict with ZONE Ts maintenance of its flood
control channel properties.
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f. CITY shall adopt such rules and regulations as it deems necessary to facilitate the
orderly and safe operation and control of the use of the LICENSED AREAS by the
public for recreational purposes. If any such rule or regulation is contrary to the primary
interest of flood control and water management, or is deemed by ZONE 7 to be adverse
to its interest, ZONE 7 may give 60 days notice of such fact to CITY and CITY shall
change such rule or regulation in conformance with ZONE 7's request.
8. Violations of Permitted Use. Should the CITY, its employees, contractors, subcontractors,
agents, or the general public construct, install, operate or maintain any park improvements in
violation of the terms of this LICENSE, or in violation of any of the approvals granted hereunder,
ZONE 7 may direct CITY, at CITY's sole cost, to remove the improvements from the LICENSED
AREAS or to take other remedial action, as ZONE 7 may, in its sole discretion, determine to be
appropriate CITY shall be afforded a period of fifteen (15) days, within which to cure any such
violations and comply with ZONE 7's directive. In the event CITY fails to cure within the
above stated period, ZONE 7 shall have the right to take any and all actions to remediate the
LICENSED AREAS and CITY shall reimburse ZONE 7 for all costs associated therewith. Zone
7, as it reasonably determines, may extend the period as may be necessary to cure the default,
provided that the City has commenced the cure within the fifteen (15) day period.
9. Assianment. CITY may assign all of its rights, duties and liabilities under this LICENSE to
another public agency provided that such assignment is agreeable to ZONE 7 and provided
further that such agency gives written notice to ZONE 7 that it accepts all of the rights, duties
and liabilities imposed upon CITY under this LICENSE.
10. Acknowledament of Title. It is understood and agreed that CITY, by the acceptance of this
LICENSE and by the use or occupancy of said LICENSED AREAS, has not acquired and shall
not acquire hereafter any property rights or interest in or to said LICENSED AREAS through this
LICENSE, and that CITY may use the LICENSED AREAS only as herein provided. ZONE 7
shall retain the right to sell or change areas, but in the event that CITY is damaged by such
action, CITY shall be compensated for any damage to facilities which it has installed. ZONE 7
may elect to compensate CITY for depreciated value of such facilities in lieu of compensation of
damages.
11. Indemnitv
CITY shall indemnify, defend, reimburse and hold harmless Zone7, its officers, agents,
contractors and, employees (collectively, "Indemnitees") from and against any and all
demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens,
judgments, damages and liabilities of any kind (collectively, "Liabilities"), arising in any manner
out of: (a) any injury to or death of any person or damage to or destruction of any property
occurring in, on or about the SITE, or any part thereof, whether the person or property of CITY,
its officers, agents, employees, contractors and subcontractors (collectively, "Agents"), its
invitees, guests or business visitors or third persons (collectively, "Invitees"), relating in any
manner to any use or aclivity under the LICENSE and modifications thereto; (b) any failure by
CITY to faithfully observe or perform any of the terms, covenants or conditions of this LICENSE
or (c) the use of the SITE or any activities conducted thereon by CITY, its Agents or Invitees.
This provision applies except to the extent of Liabilities resulting directly from the sole
negligence or willful misconduct of ZONE 7 or ZONE 7's authorized representatives.
The foregoing indemnity shall include, without limitation, reasonable attorneys' and consultants'
fees, investigation and remediation costs and all other reasonable costs and expenses incurred
by the Indemnitees, including, without limitation, damages for decrease in the value of the SITE
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and claims for damages or decreases in the value of adjoining property. CITY shall have an
immediate and independent obligation to defend ZONE 7 from any claim which actually or
potentially falls within this indemnity provision even if such allegation is or may be groundless,
fraudulent or false, which obligation arises at the time such claim is tendered to CITY by ZONE
7 and continues at all times thereafter. CITY's obligations under this Condition shall survive the
expiration or termination of the LICENSE and modifications thereto.
12. Insurance Reauirements
CITY shall carry public liability and property damage insurance or monetary coverage in an
amount which will adequately protect ZONE 7 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 be
reviewed by the parties every five years, and increased by no less than the amount of increase
in the Consumer Price Index for the Oakland - San Francisco SMSA. Policies for such
insurance shall name ZONE 7 of Alameda County Flood Control and Water Conservation
District, Alameda County Flood Control and Water Conservation District, the County of
Alameda, their officers, agents and employees as additionally insured and copies thereof,
certificates of payment of premiums thereon, or other proof of insurance or monetary coverage
acceptable to ZONE 7, shall be furnished ZONE 7 by CITY. It is agreed that such insurance or
monetary coverage as is afforded by the policy to ZONE 7 of Alameda County Flood Control
and Water Conservation District, et al., shall apply as primary insurance or monetary coverage.
No other insurance or monetary coverage effected by ZONE 7 of Alameda County Flood
Control and Water Conservation District, et ai., shall be called upon to contribute to a loss
covered by the policy.
CITY has the right and option to self-insure the requirements under this Section 12 upon written
notice to ZONE 7 that CITY assumes the obligations in the place and stead of any insurance
carrier, any reference to failure to coverage notwithstanding. In the event that CITY elects to
self-insure, CITY shall provide to ZONE 7 a certificate or other evidence of self-insurance
acceptable to ZONE 7.
13. Waiver of Claims
CITY fully releases, waives, and discharges forever any and all claims, demands, rights and
cause of action against, and covenants not to sue, Indemnities, under any present or future
laws, statutes, or regulations: (a) for any claim or event relating to the condition of the SITE
or CITY's use thereof; or (b) in the event that ZONE 7 exercises its right to suspend, revoke
or terminate the LICENSE.
14. Duties of ZONE 7. ZONE 7 agrees to give CITY reasonable notice of flood control and water
management operations and maintenance which would affect recreational facilities or park
operations of CITY and keep CITY informed of any conditions which might result in such
operations and maintenance. ZONE 7 further agrees to furnish any plans for improvements
to the LICENSED AREAS to the CITY for review and comments. ZONE 7 will maintain the
LICENSED AREAS to the extent necessary for flood control and water management purposes.
Repairs to flood and water facilities/structures shall be the responsibility of ZONE 7 except when
such repairs arise from damage caused to these facilities/structures by CITY, its officers,
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agents, employees, contractors and subcontractors, its invitees, guests or business visitors or
third persons. Such ZONE 7 responsibilities shall not relieve the CITY from its Liabilities as
described in Section 11.
15. Prooerty Taxes. Pursuant to California Revenue and Taxation Code section 107.6, notice is
hereby given that CITY is responsible for any possessory interest taxes that may be imposed as
a result of, or related to, this LICENSE.
16. Notice. Any demand or notice which either party shall be required, or may desire to make upon
or give to the other shall be in writing and shall be delivered personally upon the other or be
sent by prepaid certified mail to the respective parties as follows:
ZONE 7:
General Manager
Zone 7, Alameda County Flood Control
And Water Conservation District
5997 Parkside Drive
Pleasanton, CA 94588
CITY:
City Manager
City of Dublin
P.O. Box 520
Dublin, CA 94588
Either party may, from time to time, designate any other address for this purpose by written
notice to the other party, given with 10 business days' notice.
17. Miscellaneous
a. This LICENSE constitutes the entire LICENSE and understanding between the parties,
and supersedes all offers, negotiations and other agreements concerning the subject
matter contained herein. Any amendments to this LICENSE must be in writing and
executed by both parties.
b. If any provision of this LICENSE is invalid or unenforceable with respect to any party,
the remainder of this LICENSE or the application of such provision to persons other
than those as to whom it is held invalid or unenforceable, shall not be affected and each
provision of this LICENSE shall be valid and enforceable to the fullest extents permitted
by law.
c. This LICENSE shall be governed by the laws of the State of California.
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IN WITNESS WHEREOF, the parties hereto have executed this LICENSE on the dates
appearing below their respective authorized signatures.
ZONE 7:
Zone 7 of Alameda County Flood Control
and Water Conservation District
CITY:
City of Dublin
By:
President
Zone 7 Board of Directors
By:
Janet Lockhart
Mayor
Date:
Date:
Approved as to Form
Amy Naaman;
Deputy County Counsel
Bv:
ATTEST:
Kay Keck, City Clerk
APPROVED AS TO FORM:
Elizabeth Silver, City Attorney
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Exhibit "B-l" Recreational Use License Agreement IltbõJ.l
South San Ramon Creek Licensed Areas
Dublin Lots
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Class 1, Existing, Bike Path
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Licensed Areas
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1 inch equals 600 feet
Exhibit "B-2" Recreational Use License Agreement I;).Db~7
Alamo Canal Licensed Areas
Dublin Lots
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Class 1, Existing, Bike Path
Licensed Areas
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Exhibit "B-3" Recreational Use License Agreementl30[?Î
Alamo Creek Licensed Areas
Dublin Lots
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Licensed Areas
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1 Inch equals 200 feet
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Exhibit "8-4" Recreational Use License Agreement
Alamo Creek Licensed Areas
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Dublin Lots
Class 1, Existing, Bike Path
Licensed Areas
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Exhibit "B-5" Recreational Use License Agreement 15Db 1.1
Tassajara Creek Licensed Areas
Dublin Lots
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k<,;~~ Licensed Areas
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Exhibit "8-6" Recreational Use License Agreement IlP'b¿1
Tassajara Creek Licensed Areas
Dublin Lots
------. Class 1'0 Existing, Bike Path
Licensed Areas
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Il~ 21
RESOLUTION NO. 15 -87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
--------
--------------
APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF
ALAMEDA, ZONE 7 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
WHERBAS, the Alameda County Flood Control. and Water Conservation
District, Zone 7, now maintains Alamo Creek as their facility; and
WHEREAS, an agreement has been reached between the City of Dublin
and the Alameda County Flood Control and Water Conservation District, Zone 7,
regarding joint use of the creek;
NOW, THEREFORE, ßE 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
~?~(-4---
City Clerk
ATTAUDT 2.
/\¿,-/. ¿;,~b
\'lUV2.7
AGREEMENT
THIS LICENSE AGREEMENT, made and entered into this
18th
day
of
March
, 19lU-, by and between ZONE 7 OF ALAMEDA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic,
hereinafter referred to as "Licensor," and the CITY OF. DUBLIN, a Municipal
Corporation, hereinafter referred to as "Licensee,"
WIT N E SSE T H
-~---~--~~-
WHEREAS, Chapter 5 of Division 7 of the Government· Code of the State
of California authorizes and empowers any two or more public agencies to
jointly exercise by agreement any powers common to the contracting powers; and
WHEREAS, both parties are authorized by the acts governing them to
plan, improve, maintain and operate facilities ·and parks for public
recreation; and
WHEREAS, Licensor, as a portion of its authorized Zone 7 Project,
will accept certain rights-of-way for the improvement of channels for flood
control and water conservation purposes; initially a portion of Alamo Creek,
alao knovn as Line F· of Zone 7; and
WHEREAS, Licensee has indicated its desire that these channels be
developed sO that a park-like atmosphere can be created within and about the
channel; and
WHEREAS, Licensor is agreeable to such use· so long as said Licensee
improves, maintains and operates such park areas in a manner that will not
interfere with the basic flood control purpose of the channel and ahall hold
Lice-naor free from all liability and claims for damages aa described in
Section X, "LIABILITIES".
ATTAUllMENT 3.
Iq'Ý'
NOW, THEREFORE, BE IT MUTUALLY AGREED that for and in consideration
of the premises herein and the covenants hereinafter contained and the ~utual
benefits to be derived by both parties, Licensor hereby confers upon Licensee
..
the License and privilege ·to uSe certain real properties for a park and
recreational use. The first of said properties shall be known as Alamo Creek
(Line F, Zone 7), but ~ay be supple~ented fro~ time to time by assent of the
parties. The description of such sd,ditional 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 end responsibility, and both parties agree to
the conditions hereinafter set forth:
SECTION I. PROPERTY RIGHTS
This License and its acceptance and exercise grents nO property
interest or estate in the aforesaid real properties to Licensee other thau as
herein set forth.
SECTION II. TERM
This License is g,ranted for a term of twenty-five (25) years froll! the
date hereo,f with an option to Lice.usee of renewal for addi tio""l periods of
twenty-five (25) year. thereafter upon application therefor accompanied by a
showing of faithful exercise thereof according to the convenants herein;
either this original grant or any renewal.there.of to be subject to termination
under the covenants provided harein to govern such termination.
(2)
d~21
SECTION III. NON-EXEMPTION
This License does ßot and shall not be interpreted to grant Licensee
any rigbts to proceed with such improyement, maintenance or operation
thereunder without compliance with all applicable Federal or State laws· or
local ordinances or the obtaining of permits or authorizations required by any
other public agency, nor. shall it be construed as authorizing any zoning
Yari~nee or establishing any precedent for similar yariance except ~s proYided
for under Section X hereof.
SECTION IV. REAL PROPERTY
This License shall apply to real property within the Zone 7 Project
acquired by Licensor in and about the City of Dublin. The initial property
referred to herein as Alamo Creek is shown as Lot F ~f Tract 5511 which is OIl
file with Licensor and Licensee and which is ·attached hereto and made a part
hereof as Exhibit A. SubSequent properties to be improved as provided in this
agreement shall be Doted on improvement plans for tracts or other plans which
shall be filed witb Licensor and Licensee. Licensor shall retain the right to
aell or change areas, but in the ßyent chat Licensee is damaged by such
action, Licensee sball 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 afores~id real property for the
purposes for which it is granted.
(3)
~ ~27
SECTION VI. NATURE OF USE
This Li~ense is grsnted solely for the purpose of authorizing
Li~ensee to provide su~h improvements, maintenance and operation of park and
recreational facilities for general publi~ use without discrimiaa.tion as to
pla~e of origin, ra~e, age, or religion. Such use by Li~ensee or publi~ shall
be at all times subject to the primary use of the aforesaid sites for purposes
of flood control and water ~onservation.
SECTION VII. MASTER PLANS
The development of park sites on properties specified herein shall be
in accordance with the plans prepared by Licensee and approved by Licensor.
Said plans shsll serve as a genersl guide for the orderly installation of
illlprovements and equipment for park and recreational purposes as funds be~ome
available to Licensee for expenditure thereof. Said plans· include a map, or
maps, showing the lo~ation of the general areas to be improved and ¡;he type of
illlprovement to be constru~ted, 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 S1:tucture, facility or
improvement, Licensee shall submit plana snd specifications for the proposed
additions to Licensor. The structure; facility or improvements shall not be
i ni tis tad by Licensee until written approval is executed by the Licensor'S
General Manager.
(4)
~;aô~""7
Said General Manager shall give his consent unless such structures,
facilities or improvements ~ould interfere with the primary use of .aid areas
for flood control, drainage, or ~ater conservstion purposes.
SECTION IX. MAINTENANCE AND OPERATION
Licensee shall cause the park and recreational facilities established
pursuant to this agreement to be maintained and operated in an ordetly, safe,
and sanitary manner. Licensee may assign all of its rights, duties and
liabilities under this License to another agency provided that such assignment
is agreeable to Licensor and provided further that such agency gives written
notice to Licensor that it accepts all of the rights, duties and liahilities
imposed upon Licensee under this agreement.
Licensee shall adopt euch,rules snd regulations it deems necessary to
facilitate the orderly operation and control of the use of such properties by
the public for recreational purposes. If any such rule or regulation is
contrary to the primary interest of flood control, water conservation, or
drainage, or is deemed by Licensor to be not in ita best interest as the
property owner, Licensor may give notice of such fact to Licensee and Licensee
shall change such rule or regulation in conformance. to Licensor's request
insofar as it may legally so do.
Licensor shall be responsible for maintaining and operating the
property covered by this agreement as necessary for the purposes of flood
control and water conservation; Licensee shall be responsible for maintaining
and operating the property covered by the agreement as necessary for park and
recreation purposes including, but not limited to, facilities and landscaping
installed by Licensee.,
(5)
'd.,?tt¿7
SECTION X. LIABILITIES
I.itensee, insofar as ·it may leg,<1ly so do, shall hold and save
Licensor free from· all liability and claims for damages resulting from the
. construction, maintenance; operation or public use of park and recreational
facilities or landscäping on the property änd shall eärry public liability and
property damage insurance or monetary coverage in an amount which will
adequately prote~t Licensor from all su~h liabilities or claims, su~h amount
to be no less than $1,000,000 ea~h person and $1,000,000 eä~h o~~urrence for
bodily injury or death änd $1,000,000 on each o~curr.en~e for property damage.
These amounts shall be reviewed by the pärties every five years; and in~reäsed
by no less than the ämount of in~rease in the Consumer Price Indez for the
Oakland. _ San Francisco SMSA. policies fo" su~h insuran~e shall name Zone 7
of Alameda County Flood Control·and Water ConservätiOn District, Alameda
County Flood Control and Water Conservation District, the County of Alämeda,
their offi~ers, ägents and employees as additionälly insured änd copies
thereof, certificates of payment of premiums thereon, or other proof of
insuränce or moneta.y ~overage ~cceptäble to Licensor, shall be furnished
Licensor by Licensee.
It is ag.eed that such insuran~e or monetary coverage
as is afforded by the policy to Zone 7 of Alameda County Flood Control änd
Water Conservation District, et. al., Shäll apply as primary insuran~e or
monetary coverage. No other insurance o. monetary coverage effected by Zone 7
of Alämeda County Flood Control and Water Conservation District, et ä1., shall
be called upon to ~ontribute to a loss covered by the policy. Licensee shall
be liable to Li~ensor for äny damages to the properties licensed hereunde.r,
including, but not limited to, dämage to trees, erosion of soil, or damages to
any imptovement made or to be mäde by Licensor for water conservätion or flood
control purposes whether such dämages are caused by the activities of Licensee
on the properties improved by it or by third parties.
(6)
?4Cbt. 7
1£ Sectione 1941 and 1942 of the Civil Code of the State of
CaliforniA pertain to the licensing of real property as herein contemplsted,
then Licensee expressly waives the provisions thereof.
SECTION Xl. COSTS AND EXPENSES
By its approval of recreation facilities Licensor in nO wsy assumes
any liability or obligation whatsoever for any costs or expenses to be
incurred by Licensee under this License for the purposes for which said
License is made.
SECTION XII. RIGHTS AND DUTIES'OF LICENSOR
Notwithstanding any provisions elsewhere in this License. it is
understood and agreed by Licensee that the primary purposes for which Licensor
has acquired and ownS the subjèct 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 t:he subject sites. Licensor shall,
however, furnish Lic",naee reaaonable notice of any flood control or water
conservation operations which would affect the facilities or operat:iona of
Licensee and sball keep Licensee informed of any conditions or plana which
might result in·auch operationa.
It ia agreed that, during t:he existence of this Licenae, Licensor
sball have all reasonable and necessary rights of ent:ry to the subject sites,
including the right to alteration or repair and maint:enance and operat:ion of
its facilities for flood control or water conservation.
(7)
??~t.7
SECTION XIII. MODIFICATION
If, during the life d thi. License, it becomes nec."ssary to amend or.
add to the terms, c.onditions, scope or requirements of this License, such
amendment or addition shall only be made after mutual agreement of the parties
hereto. snd the exe"ution of a moc:1ification of this License.
SECTION XIV. NOTICES
All noti"es or other wTi·tings in this Li""nse provided to be given or
made or sent, or which may be given or made or sent, hy any of the parties
hereto to the others, shsll be deemed to have been fully given or made or sent
whe.n made in writing and deposited in the Dnited States mail, registered or
certified, postage prepaid, and addressed as follows:
To Zone 7:
General Manager
Zone 7, Alameda County Flood Control.
and Water Conservation District
5997 Parkside Drive
Pleasanton, CA 94566
To City:
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
The address to which any notic.e or other writing may be given or made
or sent to any of the parties may be changed upon wTitten Dotic.e given by such
party as above provided.
(8)
¿!.DUb ¿./
IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate
names to be affixe.d hereto by their respective officEOrs authori~EOd 90 to do
the day and year first above written.
ATTEST: j
¿, . ")'1
By i ilú¡/ ,¡:://:{J2:.../
Sec'retary, ~ard of Directors
APPROVED AS TO FORM:
RICHARD J. MOORE, COUN Y CO
By
By
of DirectorS
/'/
(9)
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97,
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