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HomeMy WebLinkAboutItem 8.2 Mod#4LicAgmtZone7SUBJECT File# 600-40 CITY CLERK AGENDA STATEMENT CTTY COUNCIL MEETING DATE: October 7, 2003 Modification No. 4 to Alameda County Flood Control and water Conservation District (Zone 7) License Agreement of 1987 to Add · Two Segments of Alamo Creek Between Amador Valley Boulevard and North City Limit Line Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) 3) 4) Resolution Approving Modification No. 4 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 two segments of Alamo Creek to the License, together with Exhibit "A" to the Resolution Previously-approved City Council Resolution 15-87 Copy of Original License Agreement from 1987 Vicinity Map RECOMMENDATION: FINANCIAL STATEMENT: ~'~~dopt the Resolution Modification No. 4 to the Zone 7 approving License Agreement of 1987 As part of the Alamo Creek Bike Path project (Contract No. 03-08), the City of Dublin is constructing a pedestrian and bicycle path within the two segments of Alamo Creek to be added to the License Agreement. The cost of design and construction of the pedestrian and bicycle path are fimded through a Transportation Fund for Clean Air (TFCA) grant, the Measure B Pedestrian & Bicycle Fund, and the General Fund. Ongoing maintenance of the pedestrian and bicycle path will become the City's responsibility, whereas maintenance of the adjacent flood control facilities will remain with Zone 7. 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 and 2002 via Modification Nos. 1, 2 and 3 to include segments of Alamo Canal, Line J-6, South San Ramon Creek, and Tassajara Creek. COPIES TO: Joe Seto, Zone 7 Water Agency G:'~AGENMISC\agst Z7 License Agmt Mod 4 Alamo Ck.doc Modification No. 4, when approved by both the City and Zone 7, Will add the two remaining segments of Alamo Creek between Amador Valley Boulevard and the North City Limit Line to the various creek parcels governed by the original License Agreement and subsequent modifications. As part of the Alamo Creek Bike Path project, the City of Dublin is constructing a pedestrian and bicycle path within the two segments of Alamo Creek to be added to the License Agreement. On August 19, 2003, the City Council awarded the contract for the Alamo Creek Bike Path project (Contract No. 03-08) to GradeTech, Inc., and adopted the Initial Study / Mitigated Negative Declaration (MND). The two segments of Alamo Creek proposed to be included in the License Agreement by Modification No.4 are included, and are consistent with the scope of the MND. Modification No. 4 is necessary to assure the public's access to the pedestrian and bicycle path, and to transfer the maintenance obligation and liability for the pedestrian and bicycle path to the City. Staff recommends that the City Council adopt the Resolution approving Modification No. 4 to the Zone 7 License Agreement of 1987. Page 2 ~Fd0Z-' RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING MODIFICATION NO. 4 TO THE 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 ADDITION OF A CHANNEL PROPERTY TO THE LICENSE WHEREAS, Zone 7 and the City previously entered into a License Agreement on March 18, 1987, as authorized by City Council Resolution No. 15-87; and WHEREAS, said License Agreement has been subsequently modified by Modification Nos. 1, 2, and 3 dated August 8, 1995, September 19, 2000, and December 17, 2002 as authorized by City Council Resolution Nos. 93-95, 170-00 and 232-02 respectively; and WHEREAS, Modification No. 4 will add two segments of Alamo Creek between Amador Valley Boulevard and North City Limit Line to the channel properties governed by the License Agreement, said segments being more precisely described as Lot E (APN 941-2782-6-1) and Lot G (APN 941-2781-16-1 ) of Tract 5511 recorded September 19,1986, in Book 163 of Maps at Pages 48-58, Official Records of Alameda County; and WHEREAS, Zone 7 has agreed to allow the City 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 so long as the City improves, maintains, and operates such park and recreational facilities in a manner that will not interfere with basic flood csntrol purposes of the channel; and WHEREAS, Zone 7 is agreeable to such use so long as the,, City holds Zone 7 free from all liability and claims for damage in accordance with said License Agreem.ent as modified; and WHEREAS, it is mutually agreed between Zone 7 and the City to add said Alamo Creek segments to the License Agreement for the privilege of using said parcels for park and recreational facilities use under the terms.of said License Agreement as modified; and WHEREAS, the two segments of Alamo Creek being proposed to be included in the License Agreement by Modification No.4 are included, and are consistent with the scope of the Initial Study / Mitigated Negative Declaration adopted by the City Council on August 19, 2003. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does approve Modification No. 4 to the 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", and authorizes the Mayor to execute same. BE IT FURTHER RESOLVED that the City Clerk of the City o£Dublin is hereby directed to transmit a certified copy of this Resolution, along with duplicate executed copies of Modification No. 4 to Zone 7 for the District's Board approval and processing. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 7th day of October, 2003. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mawr City Clerk GSAGENPASTXRESO ZONE 7 License Agmt Mod 4.doc 2 MODIFICATION NO. 4 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 THIS MODIFICATION OF LICENSE AGREEMENT ("Modification") dated for identification as October 7, 2003, is entered into by and between ZONE 7 OF THE 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, three modifications (Modification Nos. 1,2 and 3) to the 1987 Agreement have previously been approved on August 8, 1995, September 19, 2000, and December 17, 2002; 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, 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: Channel properties added to Section IV Real Property of the 1987 Agreement are: (a) Alamo Creek properties identified as Lot E (APN 941-2782-6-1) and Lot G (APN 941-2781,16-1 ) of Tract 5511 recorded September 19,1986, in Book 163 of Maps at Pages 48-58, Official Records of Alameda County. See Exhibit "A" attached hereto and made a part hereof. In all other respects, the terms and provisions of the 1987 Agreement are to continue in full force and effect, except as previously modified. Page 1 of 2 ',% IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate names to be affixed hereto by their respective officers authorized to do so. ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER DISTRICT, "Licensor" CITY OF DUBLIN, "Licensee" By: President, Board of Directors Date: By: Janet Lockhart, Mayor, City of Dublin Date: APPROVED AS TO FORM: RICHARD E. WINNIE, COUNTY COUNSEL APPROVED AS TO FORM: CITY ATTORNEY By: County Counsel Date: By: City Attorney Date: ATTEST: ATTEST: By: Secretary, Board of Directors By: City Clerk g:agenmisc~Z7 license agmt mod 4 alamo ck Page 2 of 2 CON'[ R A COSTA 27S8 LOTE /kPN 941-2782-6-1 2785 ac S~AD~ 2792 CREEK 2781 986,/ DR. EHIBIT "A" PA~E ~, 2785 LOTG APN 942-2781-16-1 ~L LO w _ Pot, B ' 2793 986 / I 2791 EXHIBIT PAGE +. "A" /~ ,. 26-008 /× ...- 275F, RESOLUTION NO.' 15 -87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A LICENSE AGBRRMENT 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 ~, 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, TNEREFORE, 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 AGENT A4-7,428 THIS LICENSE AOI%E~HENT., made and entered into ·this 18th 'day' of March · ' , 19 8.7;, by and between ZONE 7. OF ALAMEDA CoUNTy FLOOD - CONTROL AND WATER CONSERVATION' DISTRICT, a .bOdy' .corporate .and..'politic, here~fnafte'r referred to :as ~Licensor.," a'n4 '.the CITY OF DUBLIN, .a Muhicipal' . . Corporation~ hereinafter referFed to as '"Licensee,' ' '' -" .. X N_ S_ S_ '~HEREAS, '.Chapter "5 'o'~ Division ? ..of' .the Government Code' of ..the .state for .California authorizes ..and empowers any-two or more pUblic agencies to. ..jointly exercise 'bp-,agreement iany powers common, to' "the'. contracting' powers.; a~d "' "' 'WHEREA~;' both parti'es are authorized .by 'the acts governIn~ =hem =o plan~ .improve; .-maintain-and ophrate facilities and .parks for Public reC.reation; and-. .~HEREAS, Licensor, .as a portion of its authorized .Zone 7 Project, '~ill accept certain rights-of-way'.for =he ~mprovement of channels for flO0d control and. water conservation purposes; fn~t±ally a portion, of Alamo Creek, also known as Line F df Zone 71 and · -WHEREAS, Licensee .has .indicated .its.desire .that .gh~se channels ~e ' .~evel0Pe~· so ~t~t'a Pa~kTlike'-atmoSphere Can be cre~ged within and about the . . Channel; and .: ..... - ~EREAS, Licensor is 'agreeab!e':to'.such U~e soi!ou~ as said Licensee :' ~lmpr0ves~'.matntains .and. operates..'sueh Park';areas.in'amanner.~hat will not. . ifite.rfere .with the basic ~10od cont'rol-.~U.rpoee of. the.channel and shall hold Licensor ~ree"f.r°mail li~ility'an~ .claims for damages as de~crtbe~ in. Section X, 'LIABILITIES~. NOW, THEREFORE, BE IT MUTUALLY AGKEED. that for and in Consideration of .the premises herein .and ~he covenants hereinafter contained and the mutual benefits to be de=ired'by both parties, L~censor heTeby confers upon Licensee. 'the License and privilege to use certain real p~operttes for a park and · recreational Use. The first Of said properties shall 'b~ known as Alamo creek '(Line F, Zone ?), but 'may be supplemented from .time to'~ime by assent -.partfes~ The des.cription Of Such additional Properties~ when agreed upon by 'Licensor-and Licensee~ shall be noted b~ attachment.to this agreement~ SubjeCt. to Licensor's superi'or rights of possession~ such License Shall he for the pUrPOse of imProvfng~ maintainin~.an~ uperating recreational factlit.iesl 'Licensee accepts said License and resPonsibility~ and both parties agree to-' the conditions hereinafter set forth: SECTION I. PROPERT~ RIGHTS This License and its acceptance and exercise grants no. property i~terest or estate'in the aforesaid real properties to.Licensee other than as herein set forth. SECTION It.'TERM ' This License ~s granted for a ~erm of 'twenty~f~we '(25)'.iyea=s from the date hereof.-with an option to Licensee Of renewals.for additfonai'~eriods of twenty-fiV~.(i~5) Fears .thereafter upon Zpplfca~ion. therefor accompanied by a showing of faithful exercise thereof according to the convenants 'herein; either".thfs Origlnal grant or any renewal theTeof to be subject to termination un, er the .covenants provided herein to govern such termination. (2) %1"1 SECTION III. NON-EXEMPTION · .T~s. Licemse does not amd .shall mot be interpreted to grant Licemsee .any rights ~o p~ocee~ with such 'improvement'; maimtenance, or 'operation '.thereunder without c~liance ~th all applicable :~ede'ral or State laws or '- --local .ordi~nces or-the .oStafning of pemitS.":or ~uthoriza:ioas requireS:by' any ...... .-,-.-" - ",:variance or e~t~blisht~ any precedent for s'tmSlar'*ar~ance'"eXcapt as prodded' ','" · ~ '.. ""This .License' s~lI,apPly ~to..real :.property. withtn.'~he' Zone 7 'Pro acq~red'~by L~censor tn and' a~ut' the CitY.Of hblin. '~e 'f~t~a1 proper~y .referrefl to her~fn .as ~o Cre~k is sh0~ as ~o~ F .of Traa~ 5511.w~ch is on file ~th Licensor and Ltee~ee and ~ch is attached hereto and hereof .as Ex'bit A. '~ubs~quent.. ~ro~rtieS' to" be' improved-'as prodded t~ t~s ..agreement s~ll' be noged .on :improvamen~ plans for tracts .or other, plans w~ch. .S~ii'. :be filed. ~th "L~aensor~ and L$censee~. Licensor 'shall re~ai~ t~ right ~o sell or'..cha~e areas,..but in the .event =hat Licensee is da~ged by · . ~.;' . . '~ . . ...-. . .. ' ' ;~s License..SMli not 'requite:. ~a~nt of. any"::r~nt"6r other . ¥. :.t° LtCensor..by'~Licensee for'the' use of the .afoiesai'd "real p~oper:y 'for' pareses ~or ~Mch ~t ts .grante~. SECTION VI, NATURE OF USE 'This License is-~r.anted solely'for the purpose of aut~orfzing Licensee ~o' Provide such improvements, maintenance and opera=ion of'Park and' recreational '~acil~t~es ~for generai"public use ~rlthout".~i~crimination.as to . ,'.. pla'ce of origin,"racel-age,.'or."~eli§ion~ ·Such Use":hT.'.Li'censee. or'i'public-shall .... .be :at ail .times Subject to 'the ~rimary use of.'the aforesaid "sites ~or .purposes''..."... ? '"" !~of floo~ .contrOl and water Conservation. .The ~evelovment .of Park sites on.properties 'specified herein Shall be in:.accordance With the plans.'~repared by'Licensee and. approved b~ Licensorl Said..plans"sha11 serve.as a g~neral §~de .for theOraerly'.~nstallatfOn 'of improvements a~ equipment for-Park a~d'recreationat purposes, as ~unds become · available =o Licensee for expenditure thereof.' Said plans'include a map;'.or ..... .: . .. . ':m~.p~, shoWing the location of 'the Eeneral'areas to be-improved and'the t.ypeof '.imProvement tO he'.constructed, a sdhedule for ~he ~e~elopment o'f the .imProvemen~s shown 'on said map or maps, .and a .iiSti~ Of ~he specific !'i i i ·Prior :.-~o ~-he'~stSllation .of.:any:.~ermanent.~s'trUc~ure, faci!~ty °r .... Su t p ans..a=a:·'speciffcat ons proPoSed · ..~- '..' : ". .'.~ · , -'. (.: . ' ,.. ': . - . . . -'- . ';...: .adSitions ~o ~tcensor./'The 'st'r~ure'.,'.:facility .or improvements shall.no,'be '':i~itiated ~Y"Licensee. until written' aPproval"is executed by the Licans0r, s general ' Manager. (4) Said General Manager shall Eive his consent unless such structures, facilities, or improvements would interfere with the primary, use of said areas for floo~ control, drainaEe, or water conservation purposesJ. 'SECTION. IX., 'MAINTENANCE .~D OPERATION Licensee Shall ..cause t~ 'park and r~=reatiOnal 'facili~ies~established pursuant to this agreement to. be maintained' and 'operated in an '.Orderly, and .~auitary .manner.. '~ic'ensee may assign all of .irs rtghts~-dutieS, and Iiabilitie's ~under this..Licen~e .to eno'chef ~ency 'pro,de5 .=ha~.::~uch .'..is. aEreeable =o L'icens°r ~and provided fur~her .~ .Such d~ncy '~ve~ written notice 'tO Licensor that-it accepts ~11 of .the riEh=s~- -duties and liabilities ~pOsed upon L~censee u~r =~s aEreemen=.. · .Licensee S~11 ~op~ s~h ~es and. .regulations it ~acilitate =he orderly .opera~ion a~ control of' ~he'use of .such properties by .the public for recreation1 pu~oses, If any such ~le or regulation is con=ra~-~o the pri~ 'in=crest. of floo~ .con=rOl,..wa~er conse~a~ion, draftee, or is deeme~ by Licensor ~o be not in i~s bes~' in=creSt as .property o~er, Licensor ~y ~ive uo~ice of such ~facc to Licensee and Licensee ;shall C~n~e '~suah ~e-or r~'Eulatfon in co~o~nce ~o L~cedso~'.s request L~'censor' S~ll .be responsible, for'maintaini~.'.'and 0peTa~i~ the · '.con=r01 and wa~er c0nse~ation; 'Licensee S~ll %e responsible a~ oPera~i~ =he property ~overed.by =he agre~ent'.as necessgry for park and recreation purposes includ'inE,'.bu= no= .l~=ea =0, facili='ies and '!andscapi~ installed by Licensee. ''SECTION X. 'LIABILITIES Licensee,.insofar as it may le§alty so do, ·shall hold and save :.. Licensor free from all.liability and c.laims for damages re~ultins from 'the construction~' maSntenance~ OPeration.or ,Public use of ·park and'recreational 'facilities or landscaping on the Property .and shall' Carry public:.itaBiltty and ' · - '."'- . -. ..... ;~ ........ . -' .. ' ..... . ,,,.. i~ "'.'? · .pro.per.ty .damage insurance or monetary.coverage .in an amount.which Will "~ ~ ...' ..adequate,Iy protect Li'cehs~r {rom a.l[..s'uch liabilities or'~claims,.:such .'amount i[o be no tess than ~ii.O00~O00.~'aeh ,person a~d.'~l',.O001000 each o[currenae iOr- 'bodit~ tnjuryor .death and ~1~000~000 on 'each 'occurrence for .property ~amaEe, . '. ·- .... :.by no..less than/the :amount o[ .increas~ 'in .the 2onsumer .~r[ce 'Index for'the .. . 'Oakland.-. San. FrancisCO SF~A. ~'~olictes:f°r such 'insurance shall name Zone 7- of Alameda:County 'Flood'Control and ~ater COnservation Dist'rict,. Alameda ~ounty Flood Control an~ Water c0nservat[on District,:.the Count~.'of Alameda; their officer~,' agents and.emplo~eps as additionally insured and copies · thereof~ certificates.of pa~ent .of .~remiums thereon, 'Or other proof of ..- 'insurance or .monetary coverage ~cceptahle to .Licensor, shall, be furnishe~ ':Licensor'-by ~lcens~eJ'.: it ~s .agreed that ·such .insurance or moneta~y.coveraEe · .:-'%.... _,' .'monetary coverage. other, tnS'Llrance' 'or m0ne~:a.ry 'cove=age effected by ZDne 7 '.-~ ''be called Upon to contribute t.o a ,'ioSs:'..coVere~ by the.,.policy[..·Licensee 'shall.. [": ~be>liable .to .Licensor{:~O'r 'any ':damages .~0' '"the ':Pr'Operties licensed hereunder%- ''' ....... including., but not lt~te'd =o, 'd~age to trees, :erosion of soil, or damages ~o any .improvement made.or to be made by Licensor fo= ~ater conservation or flood control ..purposes whether such damages are caused :by the activities of Licensee on'the properties improved ~y it or by third parties. If Sections 1941 an~ 1942 of =he Civ~'t Code of the SCare of Balif0rnia ~rtain to the licens£n~ 'of .real property as herein contemplated, :then Licensee exPreSslY ~a~ves =he provisions thereof,' ".1 'a . liability..or .obli ation whatsoever. .'for any.. costs.or expenses' 'to "be ' · :.:':" ' - "...:"' ' ..:..'.incurred 'by L.~.censee.'Under =his-L~ense :for."the purposes, for which said.~' '.:' .'. .'.:.'.' ~,r'." .'" ' '""" ' -"'" ' ." ...... - '": "' '?~' '''''~ ": ;: ....'"' "' ': :" ' ' .... ' ~'"' '" .... .... .":' . .! .. '..:.,.: . .... . : ,-" .. .. .?.....~ ....... """ .!::., ':': ~., · '.Notwfthstan~in§ any prov~s~.0ms elsewhere .in'~h~s License;-..~t is. ', :-'~." .~ ..-- · understood, and agreed by·L~cenSee that·'=he primary purposes for'which L~ce~j=' has acqui'red and owns the SubjeCt.z~res are ~10oa 'control'and wa~er : .-.~ ''conservation and that operations ,in ~n~heranc'e .of .$aid..pUrp0ses~ust take precedence over any and ali Other Uses.of ~he .subject'sites; .Licensor ~hal~ ~hoW~ver.,. f.urn~sh Licensee r~asona.ble .notice "of an7 floo& control or ~ater .... ' .::....'-.:'i.. :... "conservation. operations whtc~"w°Uld affect. =he... ~actli=ies-or .OPera=ions'"of: :' .-,:' ..:: "' ...'..::;;¢ ,':':'~ : '.' : :',....,~:: ', .. · -'.- :~ .:'.,~ .,.~..,': -: :'::. .:d ..~.:. · ..,. .' ' ' ~: '"' '" " ' :" ' ' - '.":' -.-"..".-''" ~-U'.. -.'.:F' '"::~ht r~!t'. 'in.'~.such' op~ra~i0ns~' '::' :':. '.'"'":q .."'":] '": :.': ' ' '.' :'.-" """ .... .......:....:..::.?..........:.:.... : :.;:~'[': ..; ' t %'. '...."" :~...-.:'. '..'::' '.' : "' .....: . . " . :....- . .: ...~;':".: ....~,[...; :.,. - :. .~. . '?.":'..:?'-'/': :' it "t'~ 'a~ree~ 'th't;:::'~uri~: "t~e: :e~:~tence of. this: License,' ~LiCe:~o~. ':~." ,:'.i ':"~ '"; ' . ....:....::,', ./:- [. . ...... .,.... . ..... . ..., ..... .. · · . - .~..:--:..:.. . . .'..'.~:,:.~ .,..' . ,~. ':-..,~ .. ... .. . . .. :.. . . :: :" :"~"' ': .fnClu~i2 .~he.' :rich: · to... alt~rA~fo~:"b;' .rePair -:a~ ~i~te~nce ::a~ 'o'~erati°~" ~f' ~, ~:]:.-:. ~.~.,.~:':~:~:,~.~: :.. - '"": ': ,tt~ :fa~i!i:i%' 'fo~ flo;~""~:t.f~l,-0~ "a~e~-'.~e~;tio:: ":''~' '" :-. "~" '"'· ..:, -...-' -'":' '.:?:'" "' '"~ ' .... '(7) 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 or addition Shall only be made after mutual agreement of the parties ..hereto and the execution of a modification of =b/s License. . SECTION XIV. NOTICES All notices'or other .writings in this License provided to be given or ..made or sent, or Which may be'§iven or made or ~ent, by any'of the parties 'hereto 'to the others~ shall 'be deemed =o have been fully-given .Dr made or sent When made tn writi~ and deposited 'in the united.States mail, re§istered or Certified, posta§e prepaid, and addressed as'follows: To Zone 7:- General. Hanager Zone 7, Alameda CoUnty Flood Control and Water Conservation District 5997 ~arkside Drive P.leasanton, 0A'94566 TO City: 'City Manager City of Dublin ,P.'O. Box 2340 Dublin, OA94568 The address to which any notice 'or other writin~ .may be given or made or sent to .any 'of the parties may be chan~d upon written notice given by such party as above provided. IN W!T~ESS ~EREOF, Licensor and Licensee have cause~ their corporate names'~o'be affixed beret0 by their respective ofiicers authorized so to do ~he day and year first, above written. Secretary,~o~rd of Directors -.APPEOVED .,AS TO FOR~: · I~ICRARD J.i'~MOORE,'.::CO~ COUNSF.,L , Assistant CoUnty .~unsel 7-fi~/ . .ZONE. 7' '0~ ALAHEDA-COUNTY FLOOD CONTROL Chai~au,~'Board of Directors 'Licensor" (9) Vll 'Y MAP !~z ~ LOT E SEGMENT OF ALAMO CREEK TO BE ADDED LOT G SEGMENT OF ALAMO CREEK TO BE ADDED'