HomeMy WebLinkAboutMINUTES - 08101993 - 1.11 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 10, 1993
SUBJECT: Approve and Authorize the Chair, Board of Supervisors to Grant an Easement and
Execute an Agreement with the East Bay Regional Park District for Construction,
Operation, and Maintenance of the Wildcat Creek Trail under the Richmond Parkway.
(North Richmond Area)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute an agreement with the
East Bay Regional Park District (EBRPD) that grants a permanent easement for the Wildcat
Creek Trail .(Trail) and sets forth the basic terms and conditions under which EBRPD shall
construct, maintain, and operate Phase I of the Trail, located within Contra Costa County right
of way in the North Richmond area.
Il. Financiallmpact: J
There are no County costs required for the construction, operation, and maintenance of the Trail.
III. Reasons for Recommendations and Background:
Development of the Trail along the Wildcat Creek Flood Control Project in North Richmond, has
long been, and continues to be, a goal of the EBRPD and is supported by the County.
Construction of the Trail will create opportunities for recreation and will be an enhancement to
the area.
Continued on Attachment: x SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE _ OTHER
SIGNATURE(S):
ACTION OF BOARD ON AUG 10 1993 APPROVED AS RECOMMENDED OTHER_
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this Is a true and correct copy V
Ig an action taken and entered on lite minutes of the
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ATTESTED: 011
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Orig. Div: Public Works(Design Division) PHIL BATCHELOR,Clerk of the Board
Contact: John Johnson (313-2311) of Supervisors and County Administrator
cc: East Bay Regional Park District ,
County Administrator gy ��,,, e i .r .Py
Attn: E.Kuevor
Auditor-Controller
PW Accounting
I
Approve and Authorize the Chair, Board of Supervisors to Grant an Easement and Execute an
Agreement with the East Bay Regional Park District for Construction, Operation, and Maintenance of
the Wildcat Creek Trail under the Richmond Parkway. (North Richmond Area)
Page 2
August 10, 1993
The construction of the Trail will be jointly funded by the EBRPD and the U.S. Army Corps of
Engineers (Corps). The EBRPD has committed to operate and maintain the Trail. The County
is the owner of the real property which has been designated for the Trail where it crosses under
the Richmond Parkway.
On November 27, 1990 the Board adopted Resolution No. 90/745, approving an agreement
between the EBRPD and the Contra Costa County Flood Control and Water Conservation
District (District) whereby a permanent easement for the Trail was granted to the EBRPD. The
1990 agreement was required for the EBRPD to demonstrate to the Environmental Enhancement
and Mitigation Program (Proposition 111) that it had land tenure for the Trail and was thus
eligible for grant money. The 1990 agreement also stipulated that, before construction of the
Trail, a subsequent agreement be executed, setting forth the legal descriptions of the permanent
easement and detailing the operations and maintenance requirements for the Trail. On February
2, 1993, the Board granted the permanent easement for the Trail located within District right of
way and executed the operations and maintenance agreement between the District and EBRPD.
The purpose of the attached "Grant of Easement and Agreement for Construction, Operation
and Maintenance of Recreational Trail"is to grant the permanent easement for the Trail, including
legal descriptions, located within the County's right of way under the Richmond Parkway, and
to set forth the basic terms and conditions under which PARKS shall construct, maintain and
operate Phase I of the Trail. The attached agreement, together with the February 2, 1993
Agreement, supersedes the 1990 agreement.
IV. Consequences of Negative Action:
If the agreement is not executed, the Trail construction cannot be completed.
Recorded at the request of:
Contra Costa County
Return to:
Contra Costa County
Public Works Department
Real Property Division
255 Glacier Division
Martinez, Ca 94553
Attention:
GRANT OF EASEMENT AND AGREEMENT FOR CONSTRUCTION,
OPERATION, AND MAINTENANCE OF
RECREATIONAL TRAIL
BETWEEN
CONTRA COSTA COUNTY
AND
EAST BAY REGIONAL PARK DISTRICT
FOR
WILDCAT CREEK TRAIL/FLOOD CONTROL PROJECT
1. PARTIES. Effective on the day of 1993, the County of Contra Costa, a
political subdivision of the State of California, hereinafter called the "COUNTY", and the East Bay
Regional Park District, a California special district, hereinafter called "PARKS", in consideration of
the mutual promises and covenants of the parties, hereby agree as follows:
2. PURPOSE. Development of the Wildcat Creek Trail along the Wildcat Creek Flood Control Project
In North Richmond, hereinafter called the 'Trail", has long been, and continues to be, a goal of
PARKS and is supported by COUNTY. Construction of the Trail will create opportunities for
recreation and will be an enhancement to the area. Construction and operation of the Trail is
authorized and required by the State of California, San Francisco Bay Conservation and
Development Commission (BCDC), by BCDC's Permit No.2-86, issued to the Contra Costa County
Flood Control and Water Conservation District and PARKS as co-permittees.
The two-phased construction of the Trail will be jointly funded by PARKS and the U.S. Army Corps
of Engineers (Corps). PARKS has committed to operate and maintain the Trail. COUNTY is the
owner of the real property which has been designated for the Trail and this property is
encompassed within the Wildcat-San Pablo Creeks Flood Control Project right-of-way. The
purpose of this Agreement is to grant an easement for the Trail and to set forth the basic terms
and conditions under which PARKS shall construct, maintain and operate Phase I of the Trail.
3. DEFINITIONS. As used in this Agreement, the "Property" shall refer to that portion of COUNTY'S
property and easements described in the maps attached as Exhibit "A" and the legal descriptions
attached as Exhibit "B" lying along the Wildcat Creek portion of the Wildcat-San Pablo Creeks
Flood Control Project, from the project terminus at Wildcat Creek Marsh west of Garden Tract
Road, upstream to the Southern Pacific Railroad (SPRR) right-of-way.
As used in this Agreement,the "Trail"shall refer to the trail easement granted hereunder which lies
within the Property and is described in the maps attached as Exhibit"A"and the legal descriptions
attached as Exhibit "C', and to the trail facilities as allowed hereunder.
Agreement for Construction, Operation and Maintenance of Recreational Trail
County/Parks
Page 2
As used in this Agreement, the "Maintenance Corridor" shall refer to the corridor within which the
Trail is located and which is bounded as described herein. At any location along the Trail the
northern boundary of the Maintenance Corridor shall be described as the most southerly of the
following: the northern right-of-way line of the Property, the northern fence line, or the toe of the
fill slope (where the Trail is located on a levee). At any location along the Trail the southern
boundary of the Maintenance Corridor shall be described as the most southerly of the following:
the toe of the creek bank and the outside of the floodwall of the pedestrian undercrossing. Where
the Trail is located above a lower service road, the toe of the creek bank shall mean, so far as the
definition of the Maintenance Corridor is concerned, the intersection of the creek bank with the
lower service road.
4. GRANT OF TRAIL EASEMENT. In consideration of the mutual covenants herein contained,
COUNTY grants to PARKS, a permanent, perpetual, exclusive easement for limited use in the
construction, maintenance, and operation of a recreational trail, including, but not limited to, the
following trail facilities, hereunder referred to as Phase I: trail surface improvements; landscaping;
a pedestrian undercrossing; and various public access improvements such as benches, trash
containers, and public access signs.
The Trail shall be made available to the public for public access for passive recreational uses such
as walking, bicycling, sitting, viewing, picnicking, and related purposes. Such rights shall be
.permanently guaranteed and shall run with the land and be binding on any subsequent
purchasers, lessees, licensees, and users.
It is understood that DISTRICT grants only the portion of the land described in Exhibits "A"and "C"
which is owned by DISTRICT, or in which DISTRICT has an interest.
5. LEGAL DESCRIPTIONS. The legal descriptions and maps in the attached Exhibits "A", "B", and
"C" have been prepared or reviewed by COUNTY at PARKS' request, approved in writing by
COUNTY, and were based on improvement plans provided by PARKS. PARKS shall be
responsible to reimburse COUNTY for all costs incurred by COUNTY in preparing or reviewing said
legal descriptions and maps within thirty (30) days of receipt of each progress billing from the
COUNTY.
Within 30 days after completion of the Trail's construction, PARKS shall provide COUNTY with
results of a survey of the"as-constructed"improvements,where said improvements deviate outside
of the easement. Said survey shall be prepared by a licensed surveyor and showing coordinates,
bearings, distances, and other dimensions necessary to finalize the legal descriptions and maps.
PARKS shall be responsible to prepare, or have prepared by COUNTY at PARKS' expense, the
final legal descriptions and maps. In the event COUNTY prepares final legal descriptions and
maps, PARKS shall be responsible to reimburse COUNTY for all costs incurred by COUNTY within
thirty (30) days of receipt of each progress billing from the COUNTY.
Within 30 days after completion of any approved relocation or modification of the Trail outside of
the easement, PARKS shall provide COUNTY with results of a survey of the "as-constructed"
condition, prepared by a licensed surveyor and showing coordinates, bearings, distances, and
other dimensions necessary to revise the legal descriptions and maps. PARKS shall be
responsible to prepare, or have prepared by COUNTY at PARKS' expense, the final legal
descriptions and maps. In the event COUNTY prepares final legal descriptions and maps, PARKS
shall be responsible to reimburse COUNTY for all costs incurred by COUNTY within thirty (30) days
of receipt of each progress billing from the COUNTY.
6. TITLE OF COUNTY. PARKS hereby acknowledges that the right, title and interest of COUNTY in
and to the Property are prior in time and paramount to any easement rights granted to PARKS and
PARKS agrees never to assail or to question said title. PARKS agrees that it has not acquired nor
will it hereafter acquire any rights or interest in the Property, with the exception of those rights
granted herein, nor does PARKS have nor will it obtain any right or claim to the use of the Property
beyond those specifically granted herein.
Agreement for Construction, Operation and Maintenance of Recreational Trail
County/Parks
Page 3
7. PRIMARY USE OF PROPERTY. The Property consists of a channel and appurtenant improvements
which are used for flood control purposes and a public road and bridge across the channel used
by the public for transportation. Underground utility facilities may already be in place and it is
anticipated that, in the future, additional utility facilities may be constructed or installed on the
Property.
PARKS acknowledges that the use just described constitutes the primary use of the Property and
that PARKS' use of the Trail pursuant to this Agreement is secondary and subordinate to said
primary use. PARKS shall not, at any time, use or permit the public to use the Trail in any manner
that will materially interfere with or impair said primary use of the Property. All rights granted to
PARKS hereunder are subject to COUNTY's right to use the Trail for emergency or maintenance
vehicle access or any other purpose.
In the event the Trail is physically damaged by a utility company during its construction or
installation of a new facility on the Property, or during its subsequent maintenance, operation, or
reconstruction of the new facility, and the Trail is not restored by the utility to its original condition,
the utility shall reimburse PARKS in a timely manner for the costs incurred by PARKS to complete
the restoration.
The PARKS'Trail improvements and facilities within this area and the exercise of any rights granted
hereunder shall in no way interfere with the COUNTY's use of the Property or operation or
maintenance of the Wildcat Creek Flood Control Project or public road and bridge. In the event
the PARKS' improvements and facilities do so interfere, PARKS shall, at the request of the
COUNTY, and at PARKS' sole cost and expense and to the reasonable satisfaction of the
COUNTY, commence modification or relocation of its constructed facilities, and/or trim trees, cut
shrubs and other public access landscaping installed by PARKS,within thirty (30) days after written
notice to do so and shall diligently perform such work. In the event PARKS fails to do so, the
COUNTY may perform said work at the expense of PARKS,which expenses, including engineering
costs and any legal costs and fees incurred in collection, PARKS agrees to pay to COUNTY
promptly upon receipt of invoice. Said modification or relocation of PARKS' constructed facilities
and said trimming of trees, cutting of shrubs and other public access landscaping installed by
PARKS shall not be performed by PARKS, or by COUNTY as allowed herein, unless the consent
of BCDC is first obtained. PARKS shall cooperate fully with and assist COUNTY in obtaining timely
consent from BCDC. Such BCDC consent shall not be necessary in the event said modification
or relocation of PARKS' constructed facilities is performed in an emergency.
8. PRIOR RIGHTS. This Agreement is subject to all existing rights, rights-of-way, reservations and
easements held in and to said Trail area. It is understood that any prior rights granted by the
COUNTY in Wildcat Creek are prior in time and paramount to any easement rights granted to
PARKS and PARKS agrees never to question or assail said prior rights.
9. RESERVED RIGHTS. Notwithstanding the exclusive nature of the easement granted to PARKS,
COUNTY shall at all times retain the right to use the easement area for any purpose not
Inconsistent with the recreational and public access purposes of the easement, including without
limitation the right to use the easement area for flood control, water conservation, public
transportation, and other authorized COUNTY purposes and the right to convey utility easements
and other land rights that do not substantially interfere with the public access nature of the
property. Any proposed use of the easement area for purposes other than flood control, water
conservation, and public transportation shall not occur unless the consent of BCDC is first
obtained. PARKS shall cooperate fully with and assist COUNTY in obtaining timely consent from
BCDC.
10. DESIGN. PARKS shall be responsible for design of the Trail improvements, subject to written
approval of the Corps. COUNTY shall also have the right to review and approve in writing the Trail
construction plans and specifications prior to advertising for construction. PARKS shall submit final
Trail construction plans and specifications for COUNTY review a minimum of 15 days prior to
advertisement for construction. COUNTY agrees to provide PARKS with written comments within
10 days of submission by PARKS to COUNTY. No construction of Trail improvements shall be
performed until the Corps and the COUNTY have approved the plans and specifications in writing.
The Trail design documents shall include provisions sufficient to require PARKS' contractor, at
PARKS' expense, to protect all existing facilities in place including, but not limited to, irrigation
facilities, drainage facilities, signage, fencing, and bridges and repair any damage to same in a
Agreement for Construction, Operation and Maintenance of Recreational Trail
County/Parks
Page 4
manner acceptable to COUNTY, and also to relocate any irrigation facilities in conflict with the Trail
in a manner acceptable to COUNTY.
11. CONSTRUCTION. PARKS shall be responsible for construction of the Trail. Any changes or
deviations made in the design during construction shall be subject to written approval of the
COUNTY. Advertisement for construction shall not begin until this Agreement has been recorded
as described in Section 33 below.
12. AGREEMENTS WITH CORPS AND STATE. PARKS shall comply with all applicable requirements
of the agreements between the Contra Costa County Flood Control and Water Conservation
District and the Corps and the Contra Costa County Flood Control and Water Conservation District
and the State of California for the Wildcat-San Pablo Creeks Project.
13. ENCROACHMENT PERMITS. PARKS shall obtain an encroachment permit upon approval from
the COUNTY for any work within the COUNTY property prior to construction of the Trail. PARKS
shall obtain permits from all other agencies as required for construction of the Trails.
COUNTY shall have the sole right to grant encroachment permits or rights of entry within its right-
of-way.
Subsequent to the Corps' written approval of the completion of the construction of Phase I of the
Trail, PARKS shall not perform any construction, reconstruction, remodeling, repair, removal or
other work within the Trail without obtaining an encroachment permit from the COUNTY and from
all other affected agencies. Said permits shall be obtained 30 days prior to the work involved.
Notification of encroachment permits and rights of entry granted to third parties, and plans of third
parties approved by COUNTY, will be forwarded to PARKS. COUNTY shall consult with PARKS
on safety requirements for future utilities and if PARKS has not responded within 15 working days,
then it is presumed PARKS is in concurrence.
14. APPROVAL AND INSPECTION OF WORK. PARKS shall not perform any construction,
reconstruction, remodeling, repair, removal or other work within the Trail, without first obtaining
COUNTY's approval in writing of said work. In seeking COUNTY's approval, PARKS shall furnish
to COUNTY a complete description and sketch of the work proposed to be performed. In
performing work approved by COUNTY, PARKS shall comply with all terms, conditions and
requirements imposed by COUNTY and shall not deviate in any material manner from the
description and sketch approved by COUNTY, without first obtaining additional approval in writing
from COUNTY.
PARKS shall design, construct and maintain all facilities to provide continuous, unobstructed
vehicle access which is twelve (12) feet wide and fourteen (14) feet high. Such access need only
be ten (10) feet wide and eight (8) feet high under existing and future roadway bridges at the
pedestrian undercrossing. COUNTY has disclosed to PARKS that the primary use of the Trail area
will include, but not be limited to, heavy construction and maintenance vehicles and equipment.
PARKS agrees to assume all responsibility for the repair and maintenance of any damage of
pavement and trail surfaces resulting from COUNTY's operations and uses within the Trail, unless
such maintenance or repair is the result of COUNTY's negligence or willful misconduct. If, in the
course of COUNTY's use of the Trail area, damage to the Trail results from COUNTY's operations
and uses, including but not limited to, the weight of heavy construction and maintenance vehicles
and equipment, the removal of debris, or other incident of normal maintenance or construction
activities, COUNTY shall not be responsible for such damage. PARKS further agrees to be
responsible and liable for the Trail's condition until such repairs and maintenance are commenced.
Notwithstanding the foregoing, PARKS shall not be required to obtain COUNTY'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 after the original condition of
improvements previously approved in writing by PARKS, which work is required to prevent
deterioration of said improvements. As used in this section, the term "emergency repairs" refers
to repairs that do not alter the original condition of improvements previously approved in writing
by PARKS, which repairs are necessary to protect the safety of the public and others. Except in
the case of emergency repairs or routine maintenance, PARKS shall consult COUNTY at least
seven (7) days before any major maintenance operations are performed by PARKS. Work shall
be done in such a manner that COUNTY shall at all times be able to use and gain access to its
Agreement for Construction, Operation and Maintenance of Recreational Trail
County/Parks
Page 5
facilities.
All work performed by PARKS under this section shall be subject to inspection by COUNTY.
15. SUSPENSION OR LIMITATION OF USE. COUNTY and its permittees shall have the right to
suspend or to limit the use of the Trail by PARKS 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,
COUNTY shall provide PARKS fifteen (15) days' prior notice in writing except in cases of
emergency maintenance or repairs.
COUNTY shall not be held responsible or liable for unavoidable damage or removal of any fences,
gates, asphalt or concrete paving, landscaping, or other facilities which may be placed, installed,
repaired, or constructed as part of the Trail when COUNTY finds it necessary to accomplish work
for the maintenance, construction, repair, reconstruction or alteration of COUNTY property.
However, COUNTY will exercise reasonable care to minimize adverse impacts of such work upon
PARKS' recreational facilities.
16. RESTRICTED USE. The rights granted hereunder are for pedestrian and bicycle use only.
Equestrian use shall not be permitted on the Trail. No type of motor-driven vehicle shall be
permitted on the Trail, except those of PARKS, COUNTY or COUNTY's permittees being used for
construction, maintenance, repair, patrol, or public safety purposes. PARKS shall install such
barricades as are necessary to prevent unauthorized access by motor-driven vehicles and shall
post signs at points of entry to the Trail that such vehicles are prohibited. PARKS' barricades shall
accept COUNTY's locks.
17. REGULATIONS AND JURISDICTION. PARKS shall have recreational jurisdiction and regulatory
responsibility for the Trail improvement areas as each area is completed and opened for public
use.
18. AP TROL. PARKS shall provide such patrol service as is necessary to prevent unauthorized use
of the Trail and Property and to protect the safety of the users of the Trail.
PARKS agrees to devote the same standards and levels of public safety patrol to the Trail and the
Property as it is able to and does devote to its other recreational trails.
During periods of runoff, PARKS shall patrol pedestrian undercrossing and determine whether to
close off this or all portions of the Trail to public use. PARKS shall have sole responsibility for this
determination.
19. MAINTENANCE AND LITTER. PARKS shall maintain the Property, including the Trail, in a clean,
safe, and presentable condition,free from waste, litter,and other items resulting from public access
to the Property and left by parties other than COUNTY and its permittees. 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 Property. If PARKS fails so
to keep the property, then after thirty (30) days' prior written notice specifying the needed work,
COUNTY may perform or hire the necessary work at the reasonable expense of PARKS, which
expense PARKS agrees to pay to COUNTY upon demand. PARKS shall not be responsible for
such maintenance outside of the Maintenance Corridor defined in Section 3.
20. (WEED ABATEMENT. PARKS agrees to keep the Trail free from weeds and other vegetation using
only methods and materials that are specified in PARKS'Pest Management Policies and Practices
manual, except that in no case shall the methods and materials used be in violation of those that
are approved for the COUNTY to use on the Property at the time in question. PARKS' methods
and materials shall be subject to COUNTY's review. In addition, PARKS agrees to abate weeds
to local fire district standards within areas outside the Trail extending 7 feet beyond each edge of
the Trail, including trail surface improvements, landscaped areas, the pedestrian undercrossing,
and various public access improvements such as benches, trash containers, and public access
signs. COUNTY agrees to perform weed abatement on the remaining portion of the Property
according to local fire district standards.
21. MAINTENANCE OF TRAIL IMPROVEMENTS, ROAD CROSSINGS, AND CHANNEL PARKS shall
maintain, at its expense, all Trail improvements, including but not limited to: Trail pavement;
Agreement for Construction, Operation and Maintenance of Recreational Trail
County/Parks
Page 6
culverts; gates; signs; fences; lighting at the pedestrian undercrossing; bollards; floodwall at the
pedestrian undercrossing; pumping systems at the pedestrian undercrossing, including electrical
meter hook-up and provision of electricity; and landscaping and irrigation,including electrical meter
hook-up and provision of electricity, but excluding landscaping and irrigation installed as part of
the Wildcat Creek Mitigation Landscaping Project. Maintenance of the pedestrian undercrossing
shall include removal of silt.
PARKS shall not be responsible for maintenance or repair of flood control facilities, including
channel bed, banks, levees, and maintenance/access roads, unless said flood control facilities are
damaged by PARKS or users of the Trail.
COUNTY agrees to maintain, at its expense, all road improvements, including traffic signs,
pedestrian crossings, pavement markings, drainage culverts, and road pavement, in areas where
the Trail crosses or adjoins COUNTY-maintained public roads within the unincorpaorted area of
the County.
PARKS acknowledges that COUNTY shall not be responsible for maintenance of any road
Improvements, including traffic signs, pedestrian crossings, sidewalks, pavement markings,
drainage culverts, road pavement, bridge and appurtenances, where the Trail crosses Giaramita
Street. Giaramita Street is a private road owned, operated, and maintained by the Richmond
Unified School District (RUSD) and located within an easement granted to the RUSD by the Contra
Costa County Flood Control and Water Conservation District. Parks shall not restrict access of the
RUSD at Giaramita Street.
22. DRAINAGE. COUNTY agrees to maintain, at its expense, all longitudinal drainage and cross
culverts not part of the Trail. PARKS agrees to maintain, at its expense, drainage facilities
necessary for Trail's operation, including any pumping systems at the pedestrian undercrossing.
23. FENCING. PARKS agrees to maintain, at its expense, all fencing and barricades on the Property
installed by COUNTY or PARKS. PARKS shall not be responsible for the maintenance of residential
fencing installed by parties other than COUNTY and PARKS, nor shall PARKS be responsible for
the maintenance of COUNTY fencing along the south side of the Property.
24. STRUCTURES. PARKS shall, at its own expense, provide structural and aesthetic maintenance to
all structures, including the pedestrian undercrossing, used as part of the Trail.
PARKS acknowledges that COUNTY shall not be responsible for any relocation of the pedestrian
undercrossing, including but not limited to trail surface improvements,floodwall, pumping system,
and related items, required to accommodate any widening of the Richmond Parkway road and
bridge.
25. SIGNS. PARKS shall maintain existing signs and install and maintain appropriate
informational/interpretive and warning signs. PARKS shall also Install and maintain signs
designating permitted Trail uses by the general public,listing regulations governing such uses,and
specifically prohibiting operation of unauthorized motor vehicles.
26. VANDALISM. PARKS 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.
PARKS shall not be responsible for repair of such damage occurring outside of the Maintenance
Corridor defined in Section 3.
27. GRAFFITI. PARKS shall, at its own expense, promptly clean, repaint or remove any graffiti placed
by users of the Trail on Trail improvements, the Property, existing and future utilities and fences,
walls, bridges, and buildings adjoining the Property. PARKS shall not be responsible for cleaning,
repainting or removal of graffiti occurring outside of the Maintenance Corridor defined In Section
3.
28. POLLUTION. PARKS, at its expense, shall comply with all applicable laws, regulations, rules, and
others, with respect to the use of the Property, 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 COUNTY.
Agreement for Construction, Operation and Maintenance of Recreational Trail
County/Parks
Page 7
No hazardous materials shall be handled by PARKS 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 PARKS' employees, contractors, or agents, PARKS, at its expense, shall be obligated
to clean all the property affected thereby, whether owned or controlled by COUNTY or any third
person, to the satisfaction of COUNTY (insofar as the property owned or controlled by COUNTY
is concerned) and any government body having jurisdiction thereover.
To the extent permitted by law, PARKS shall indemnify, save, hold harmless, and defend COUNTY,
the Contra Costa County Flood Control and Water Conservation District, the United States, the
State of California, their boards, officers, agents, and employees, and such holders of user rights
against all liability, cost, and expense (including,without limitation, any fines, penalties,judgments,
litigation costs, and attorneys' fees) incurred by COUNTY and such other users as a result of
PARKS' breach of this section or as a result of any such discharge, leakage, spillage, emission or
pollution, regardless of whether such liability, cost or expense is proximately caused solely by the
active negligence of COUNTY.
PARKS shall pay all amounts due COUNTY under this section within ten (10) days after any such
amounts become due.
29. DAMAGE TO PROPERTY. h is understood and agreed by and between the parties hereto that the
Property is subject to sliding, erosion, subsidence, and flooding, and that COUNTY is under no
obligation to maintain the Property or repair any damage thereto resulting from sliding, erosion,
subsidence, or flooding unless in the sole discretion of COUNTY such damage affects the integrity
of the flood control or public transportation facilities. In the event of any damage resulting from
sliding, erosion, subsidence, or flooding, PARKS shall, at its sole expense, perform such
maintenance or repair as PARKS may deem necessary for proper and safe operation of the Trail.
In the event that COUNTY elects to repair any damage to the Property resulting from sliding,
erosion, subsidence, or flooding, and said repair requires relocation or reconstruction of the Trail,
PARKS shall perform said relocation or reconstruction at PARKS' sole cost and expense and to
the satisfaction of the COUNTY. Said relocation or reconstruction shall not commence until
consent of BCDC is first obtained. PARKS shall cooperate fully with and assist COUNTY in
obtaining timely consent from BCDC. Such BCDC consent shall not be necessary in the event
said relocation or reconstruction of the Trail is performed in an emergency.
30. INDEMNIFICATION. PARKS agrees to defend, indemnify, save and hold harmless COUNTY, the
Contra Costa County Flood Control and Water Conservation District, the United States, the State
of California, their boards, officers, agents, and employees from any and all claims, demands,
costs, damages, losses, actions, causes of action or judgments for any damage to property, or
injury or death of any person, suffered by any person, firm or corporation arising out of the
installation, alteration, maintenance, or use by PARKS, its employees, the public, or any other
person of any of the Trail improvements or facilities, or the Property, except as a result of
COUNTY's sole negligence.
31. INSURANCE REQUIREMENTS. During construction and operation of the Trail, including any
modification or relocation thereof, PARKS' and all its agents, contractors and subcontractors shall
take out and maintain all the insurance required by this section and shall submit certificates for
review and approval by COUNTY. No construction on or use of the Trail shall commence until
such insurance has been approved by COUNTY and PARKS shall be responsible for ensuring that
its agents, contractors and subcontractors fully comply with this section. The certificates shall be
on forms provided by PARKS and shall be signed by an authorized broker or agent of the
insurance carrier. COUNTY shall have the right to review the certificates. Acceptance of the
certificates shall not relieve PARKS of any of the insurance requirements, nor decrease the liability
of PARKS. COUNTY reserves the right to require PARKS, its agents, contractors and
subcontractors to provide insurance policies for review by COUNTY.
1. Worker's Compensation Insurance--PARKS shall take out and maintain Worker's
Compensation and Employer's Liability Insurance for all of its employees on the Trail or
Property. PARKS shall require any contractors and their subcontractors to provide it and
the COUNTY with evidence of Worker's Compensation and Employer's Liability Insurance,
all in strict compliance with California State laws.
Agreement for Construction, Operation and Maintenance of Recreational Trail
County/Parks
Page 8
2. Public Uability Insurance--PARKS shall take out and maintain Comprehensive Automobile
and General Uability Insurance that provides protection from claims which may arise from
construction or operation of the Trail or from operations and activities on the Property.
PARKS shall require any contractors and subcontractors to provide evidence of the same
liability insurance coverages. The amounts of insurance shall be not less than the
following: Single Limit Coverage applying to Bodily and Personal Injury Uability and
Property Damage: $1,000,000 per occurrence.
3. Endorsements—The following endorsements must be indicated on the certificate or in the
policy:
I The United States, the State of California, Contra Costa County, the Contra Costa
County Flood Control and Water Conservation District, their boards, officers, agents
and employees are additional insureds under the policy as to the work and
operations being performed under this Agreement;
ii The coverage is primary and no other insurance carried by COUNTY will be called
upon to contribute to a loss under this coverage;
iii The policy covers blanket contractual liability;
1v The policy limits of liability are provided on an occurrence basis;
v The policy covers broad form property damage liability;
vi The policy covers personal injury as well as bodily injury liability;
vii The policy covers products and completed operations;
viii The policy covers use of non-owned automobiles;
ix When construction of the Trail and related facilities could involve exposure to
explosion, collapse or underground hazards, PARKS shall require its agents,
contractors and subcontractors to provide coverage for the involved hazard(s);
x The coverage shall not be canceled nor materially altered unless 30 days' written
notice is given to COUNTY.
4. Self Insurance--PARKS has the right and option to self-insure the requirements under this
section upon written notice to COUNTY that PARKS assumes the obligations in the place
and stead of any insurance carrier, any reference to failure of coverage notwithstanding.
In the event that PARKS elects to self-insure, PARKS shall provide to COUNTY a certificate
or other evidence of self-insurance acceptable to COUNTY. PARKS'election to self-insure
shall not relieve its agents, contractors and subcontractors from complying with all other
requirements of Section 31.
32. ASSIGNABILITY. PARKS shall not assign, transfer or sublet this Agreement or any privilege
granted herein, except with the prior written consent of the COUNTY, which COUNTY shall not be
obligated to give. COUNTY shall not unreasonably withhold such consent. If written consent is
given, the entire Agreement, including the easement and all other conditions, shall be included.
33. RECORDATION. Within 60 days after the legal descriptions are approved by the COUNTY, this
Agreement shall be accepted by PARKS and recorded in the Office of the County Recorder of
Contra Costa County.
34. MODIFICATION OF AGREEMENT. This Agreement may be modified at any time, including
expansion of the Trail to additional areas, only by the mutual written consent of the parties hereto.
However, no such modification shall terminate or substantially impair the public access nature of
the easement granted to PARKS, unless the consent of BCDC is first obtained. PARKS and
COUNTY shall not modify the easement granted by this Agreement without the prior written
approval of BCDC.
35. ENTIRE AGREEMENT. It is understood that this document together with the attached exhibits
Agreement for Construction, Operation and Maintenance of Recreational Trail
County/Parks
Page 9
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 Agreement and are hereby abrogated and nullified.
36. NOTICE. All notices required by this Agreement or permitted by law shall be sent first class mail
to the parties as follows:
TO PARKS: General Manager
East Bay Regional Parks District
2950 Peralta Oaks Court
P.O. Box 5381
Oakland, CA 94605-0381
TO COUNTY: Public Works Director
Public Works Department
Contra Costa County
255 Glacier Dr.
Martinez, CA 94553
Agreement for Construction, Operation and Maintenance of Recreational Trail
County/Parks
Page 1.0
EXECUTED on the above stated date:
CONTRA COSTA COUNTY EAST BAY REGIONAL PARK DISTRICT
BY: �m'I �� �ni/! By:
Chair, Board of Supervisors General Manager
ATTEST: Phil Batchelor,
Clerk of the Board of Supervisors
and County Administrator
By:
Deputy
RECOMM D FOR APPROVAL:
By: n6�-'
A Public Works Director
APPROVED AS TO FORM: APPROVED AS TO FORM:
Victor J. Westman, County Counsel
By: �I_ By:
Deputy Park District Counsel
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August 5,1993
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Wildcat Creek - C.C.C.F.C. & W.C.D. Property
C.C.C.F.C. & W.C.D./E.B.R.P.D. Agreement
EXHIBIT "B11
Real property in the unincorporated area of North Richmond, Contra Costa County, California, being
portions of Wildcat Creek right-of-way vested in the name of Contra Costa County Flood Control
and Water Conservation District. (hereinafter referred to as 'strict), described as follows:
PARCEL 1207 and 1211:
All of PARCELS 1207 and 1.211 granted in the eed to said District recorded July 23, 1984 in
Volume 11891 of Official Records at page
PARCEL 1210:
All of PARCEL 1210 granted in the eed to said District recorded April 27, 1984 in Volume 11762
of Official Records at page 745.
PARCEL 1212.1:
All of that parcel of Ian granted in the deed to said District recorded October 13, 1985 in Volume
12576 of Official R ds at page 424.
PARCEL 1217:
All of PARC 1217 granted in the deed to said District recorded May 8, 1984 in Volume 11779 of
Official Re rds at page 519.
PARC 1272A:
All 04hat parcel of land described in the 49-year lease dated October 13, 1987 from the State of
California to said District lying within State of California PARCELS 1 and 2 recorded June 30, 1986
in Volume 12969 of Official Records at page 560.
PARCEL 1393.1:
All of that parcel of land granted in the deed to said District recorded November 18, 1987 in Volume
14025 of Official Records at page 833.
PARCELS 1396. 1397, 1397T. 1398.2 AND 1406:
All of PARCELS 1396, 1397, 1397T, 1398.2 and 1406 granted in the deed to said District recorded
March 23, 1988 in Volume 14230 of Official Records at page 546.
PARCEL 1397A:
All of PARCEL 1397A granted in the deed to said District recorded February 21, 1992 in Volume
17244 of Official Records at page 49.
PARCEL 1399.2:
All of PARCEL 1399.1 (aka PARCEL 1399.2) described in the Final Order of Condemnation recorded
April 10, 1991 in Volume 16530 of Official Records at page 400:
PARCEL 1400.2:
All of PARCEL 1400.2 granted in the deed to said District recorded May 13, 1987 in Volume 13640
of Official Records at page 351.
PARCEL 1403.2:
All of PARCEL 1403.2 granted in the deed to said District recorded May 15, 1987 in Volume 13647
of Official Records at page 676.
PARCEL 1404.2:
All of PARCEL 1404.2 granted in the deed to said District recorded December 21, 1989 in Volume
15555 of Official Records at page 316.
PARCEL 1530.2:
All of PARCEL ONE granted in the deed to said District recorded November 9, 1988 in Volume
14705 of Official Records at page 758.
PARCEL 1531.2:
All of PARCEL ONE granted in the deed to said District recorded November 9, 1988 in Volume
14705 of Official Records at page 751.
PARCEL 1532:
All of the storm drain easement PARCEL 1532 granted to said District in the Quitclaim Deed from
Contra Costa County recorded May 27, 1988 in Volume 14359 of Official.Records at page 844.
PARCEL 1533:
All of PARCEL 1533 granted in the deed to said District recorded May 10, 1989 in Volume 15057
of Official Records at page 202.
PARCEL 1548:
All of PARCEL 1548 granted in the deed to said District recorded December 15, 1988 in Volume
14775 of Official Records at page 725.
PARCELS 1548A and 1549A:
All of PARCELS 1548A and 1549A described in the Grant of Easement from the Housing Authority
of County of Contra Costa to said District recorded December 15, 1988 in Volume 14775 of Official
Records at page 718.
PARCEL 1562:
All of PARCELS ONE, TWO and THREE granted in the deed to said District recorded December
31, 1986 in Volume 13359 of Official Records at page 667.
PARCEL 1712:
A portion of that parcel of land described in the deed to Contra Costa County recorded September
21, 1976 in Volume 8022 of Official Records at page 483, further described as follows:
That portion lying southerly of East Bay Regional Park District PARCEL ONE described in the deed
recorded April 10, 1982 in Volume 17397 of Official Records at page 51 and lying westerly of the
110.00 feet in width right-of-way of North Richmond Parkway (formerly North Richmond Bypass)
shown on "A Precise Section of the Streets and Highway Plan, Contra Costa County, North
Richmond Bypass" recorded November 5, 1967 in Volume 5998 of Official Records at page 209.
PARCEL 1712A:
A portion of that parcel of land described in the deed to Contra Costa County recorded September
21, 1976 in Volume 8022 of Official Records at page 483, further described as follows:
That portion lying southerly of Color Spot, Inc. PARCEL ONE recorded May 4, 1992 in Volume
17469 of Official Records at page 77 and lying easterly of the 110.00 feet in width right-of-way of
North Richmond Parkway (5998 O.R. 209).
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"d Wildcat Creek - Trail Easement
C.C.Co./E.B.R.P.D. Agreement
Road 057213- North Richmond Parkway
/ (Ptn C.C.Co. Parcels 3 & 4,i R/W 05728-72)
Wildcat C...,e'e`k - Dwg ED-791.1
V
C
EXHIBIT ",13f'
A portion of those parcels of land described in the deeds to ontra Costa County recorded April
16, 1974 in Volume 7202 of Official Records at page 75�and recorded September 21, 1976 in
Volume 8022 of Official Records at page 483, describe• as follows:
Commencing at the 1-1/2' iron pipe tagged "Co tra Costa County" marking North Richmond
Parkway (formerly North Richmond Bypass) St on 45+00 P.O.T. as shown on the map entitled
"A Precise Section of the Streets and Highway an, Contra Costa County, North Richmond Bypass"
recorded November 5, 1969 in Volume 59 of Official Records at page 209; thence along the
centerline of North Richmond Parkway, oath 0°35'08" west 1,012.80 feet, to Station 34+87.20;
thence south 79°35'24" west 56.06 feet to the Point of Beginning on the west right-of-way line of
North Richmond Parkway; thence fro the Point of Beginning along said west line, north 0035'08"
east 28.00 feet; thence leaving said est line, north 59035'08"east 51.85 feet;thence north 27°35'08"
east 144.48 feet to the east right- f-way lane of North Richmond Parkway; thence along said east
line, south 0035'08" west 80.00 et; thence leaving said east line, south 30°35'08" west 40.43 feet,
to a curve concave to the no west having a radius of 100.00 feet; thence along the arc of said
curve, southwesterly 50.03 et, through a central angle of 28040'00"; thence south 59035'08".west
64.33 feet to the Point of eginning.
Bearings and distanc used in this description are based on the California Coordinate System
Zone III (C.C.S. 27). ultiply given distances by 1.0000641 to obtain ground distances.
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Wildcat Creek - C.C.C.F.C. & W.C.D. Property
C.C.C.F.C. & W.C.D./E.B.R.P.D. Agreement
aQ
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EXHIBIT "B"
Real property in the unincorporated area of North Richmond, Contra Costa Cour ty California, being
portions of Wildcat Creek right-of-way vested in the name of Contra Costa County Flood Control
and Water Conservation District (hereinafter referred to as District), described as follows:
PARCEL 1207 and 1211:
All of PARCELS 1207 and 1211 granted in the deed to said Di ct recorded July 23, 1984 in
Volume 11891 of Official Records at page 340.
PARCEL 1210:
All of PARCEL 1210 granted in the deed to said District ecorded April 27, 1984 in.Volume 11762
of Official Records at page 745.
PARCEL 1212.1:
All of that parcel of land granted in the deed to said District recorded October 13, 1985 in Volume
12576 of Official Records at page 424.
PARCEL 1217:
All of PARCEL 1217 granted in the deed said District recorded May 8, 1984 in Volume 11779 of
Official Records at page 519.
PARCEL 1272A:
_All of that parcel of land described 'n the 49-year lease dated October 13, 1987 from the State of
California to said District lying withU State of California PARCELS 1 and 2 recorded June 30, 1986
in Volume 12969 of Official Records at page 560.
PARCEL 1393.1:
All of that parcel of land grant d in the deed to said District recorded November 18, 1987 in Volume
14025 of Official Records at age 833.
PARCELS 1396 1397 139 1398.2 AND 1406:
All of PARCELS 1396, 1 , 1397T, 1398.2 and 1406 granted in the deed to said District recorded
March 23, 1988 in Volume 14230 of Official Records at page 546.
PARCEL 1397A:
All of PARCEL 1397A granted in the deed to said District recorded February 21, 1992 in Volume
17244 of Official Records at page 49.
PARCEL 1399.2:
All of PARCEL 1399.1 (aka PARCEL 1399.2) described in the Final Order of Condemnation recorded
April 10, 1991 in Volume 16530 of Official Records at page 400:
PARCEL 1400.2:
All of PARCEL 1400.2 granted in the deed to said District recorded May 13, 1987 in Volume 13640
of Official Records at page 351.
PARCEL 1403.2:
All of PARCEL 1403.2 granted in the deed to said District recorded May 15, 1987 in Volume 13647
of Official Records at page 676.
PARCEL 1404.2:
All of PARCEL 1404.2 granted in the deed to said District recorded December 21, 1989 in Volume
15555 of Official Records at page 316.
PARCEL 1530.2:
All of PARCEL ONE granted in the deed to said District recorded November 9, 1988 in Volume
14705 of Official Records at page 758.
PARCEL 1531.2:
All of PARCEL ONE granted in the deed to said District recorded November 9, 1988 in Volume
14705 of Official Records at page 751.
PARCEL 1532:
All of the storm drain easement PARCEL 1532 granted to said District in the Quitclaim Deed from
Contra Costa County recorded May 27, 1988 in Volume 14359 of Official.Records at page 844.
PARCEL 1533:
All of PARCEL 1533 granted in the deed to said District recorded May 10, 1989 in Volume 15057
of Official Records at page 202.
PARCEL 1548:
All of PARCEL 1548 granted in the deed to said District recorded December 15, 1988 in Volume
14775 of Official Records at page 725.
PARCELS 1548A and 1549A:
All of PARCELS 1548A and 1549A described in the Grant of Easement from the Housing Authority
of County of Contra Costa to said District recorded December 15, 1988 in Volume 14775 of Official
Records at page 718.
PARCEL 1562:
All of PARCELS ONE, TWO and THREE granted in the deed to said District recorded December
31, 1986 in Volume 13359 of Official Records at page 667.
PARCEL 1712:
A portion of that parcel of land described in the deed to Contra Costa County recorded September
21, 1976 in Volume 8022 of Official Records at page 483, further described as follows:
That portion lying southerly of East Bay Regional Park District PARCEL ONE described in the deed
recorded April 10, 1982 in Volume 17397 of Official Records at page 51 and lying westerly of the
110.00 feet in width right-of-way of North Richmond Parkway (formerly North Richmond Bypass)
shown on "A Precise Section of the Streets and Highway Plan, Contra Costa County, North
Richmond Bypass" recorded November 5, 1967 in Volume 5998 of Official Records at page 209.
PARCEL 1712A:
A portion of that parcel of land described in the deed to Contra Costa County recorded September
21, 1976 in.Volume.8022 of Official Records at page 483, further described as follows:
That portion lying southerly of Color Spot, Inc. PARCEL ONE recorded May 4, 1992 in Volume
17469 of Official Records at page 77 and lying easterly of the 110.00 feet in width right-of-way of
North Richmond Parkway (5998 O.R. 209).
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