HomeMy WebLinkAbout8.2 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'