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TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: August 2, 1994
SUBJECT: San Ramon Creek, Alamo Area
W.O. No.:8377
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE;Board Chair to execute a License Agreement with Downing & Julia
Exley for parking use of a portion San Ramon Creek right of way.
II. Financiallmpact:
Revenue of $500 per year to the Flood Control District.
Continued on Attachment: x SIGNATURE:3`T•t��
RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
O
SIGNATURE(S):
ACTION OF BOARD ON16-2-1914 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN:
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Orig. Div: Public Works (R/P)
Contact: Paul Gavey(313-2220) Ihereby Certify that this Isatrue and correctcopyof
cc: County Administrator an action taken and entered on the minutes of the
Auditor-Controller(via R/P) Board of Supe i rs ign the datteshown.
P. W. Accounting ATTESTED: gAI�J►t� 4 �9ii
PHIL BATCHELOR,-Cleco the Board
Recorder(via R/P) of Supervisors and County Administrator
III. Reasons for Recommendations and Background:
The Exley's property adjacent to San Ramon Creek does not contain sufficient area for
necessary parking. This License Agreement allows the Exley's to use Flood Control District for
parking while requiring them to improve the property with parking and fencing and pay rent.
SAN RAMON CREEK RIGHT OF WAY
LICENSE AGREEMENT FOR INTERIM PARKING USE
(Not to be recorded)
THIS AGREEMENT is made and entered into this I day of , 192y by and between CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION T CT, a political subdivision of the State of
California, hereinafter called 'Licensor,' and DOWNING and JULIA EXLEY, hereinafter called 'Licensee."
WITNESSETH:
THAT LICENSOR, in consideration of the faithful performance and observance by Licensee of all of the terms and
conditions herein contained, does hereby give to Licensee a license to use a portion of its Property for parking and
landscaping purposes.
THE LICENSE above mentioned is granted by Licensor and accepted by Licensee upon the following terms and
conditions and Licensee does hereby agree with Licensor as follows:
1. Definitions:
As used in this License, "the Property" shall refer to that portion of San Ramon Creek which is identified as
Assessor's Parcel Number 192-082-004, located south of Stone Valley Road in the Alamo area.
As used in this license, the term 'parking area' shall refer to that portion of the Property on top of the creekbank
which is paved, as shown on the map attached hereto and made a part hereof.
2. Interest of Licensor:
Licensee hereby acknowledges the fee title ownership of Licensor in and to the property and agrees never to
assail or to resist said property rights.
3. Fee:
As consideration of this Agreement, Licensee agrees to pay a non-refundable fee of Five Hundred and No/100
Dollars ($500.00) per year, payable in advance on the anniversary date of this agreement. Licensee also agrees
to pay a one-time origination and processing fee of Five Hundred Dollars ($500.00).
4. Term:
The term of this agreement shall be ten years, commencing on its effective date, after which the fees and
conditions of this License may be renegotiated.
5. Primary Use of Property:
The Property is part of a corridor which is used for flood control and drainage purposes. Underground utility
facilities may already be in place, and it is anticipated that, in the future, additional utility facilities and a
recreational trail and overlook deck may be constructed or installed on the Property. Any and all rights granted
or implied by this License shall be subordinated to the uses just mentioned, as well as to other uses of the
property made or permitted by Licensor.
Licensee acknowledges that the uses just described constitute the primary use of the property and that Licensee's
use for parking purposes pursuant to this License is secondary and subordinate to said primary use. Licensee
shall not, at any time, use or permit the public to use the Property in any manner that will materially interfere with
or impair said primary use of the property. All rights granted to Licensee hereunder are subject to all existing and
future rights, right of way, reservations, franchises and easements in the property, regardless of who holds the
same, including County's right to use the Property for emergency vehicle access or any other purpose.
6. Suspension or Limitation of Use
Licensor and its permittees shall have the right to suspend or to limit the use of the Property by Licensee 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 drainage or flood control facilities on the property. Should such
suspension or limitation be necessary, Licensor shall provide Licensee thirty (30) days prior notice in writing,
except in cases of emergency maintenance or repairs. Upon completion of any work by Licensor or its permittees
within the property, Licensor shall restore the ground surface as nearly as possible to its pre-existing grade and
shall restore any facilities or improvements installed by Licensee including, but not limited to, fencing, paving
landscaping, or drainage structures.
7. Revocation:
In the event the primary uses of the Property by Licensor or Licensor's permittees reasonably require some
permanent use of a portion or all of the property which, by nature thereof, precludes Licensee's use thereof,
Licensor may, upon ninety (90) days prior notice, revoke this License as to the area reasonably required for such
permanent primary use. Licensor shall supply Licensee with a map or drawing identifying the area(s) as to which
this License is so revoked.
8. Maintenance and Litter:
During the term of this license, Licensee shall maintain the parking area and adjacent area, in a clean, safe and
presentable condition, free from waste, litter, and other items incidental to parking use and left by parties other than
Licensor 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 Licensee fails so to keep the parking area, then, after thirty (30) days' prior written notice specifying
the needed work, Licensor may perform or hire the necessary work at the reasonable expense of Licensee, which
expense Licensee agrees to pay to Licensor upon demand.
9. Indemnification:
In the exercise of all rights under this License, Licensee shall be responsible for any and all injury to the public and
to individuals, arising out of Licensee's operations and performance, and public use of the parking area under the
terms of this license. Licensee expressly agrees to indemnify, defend and hold harmless Licensor, its board,
officers, and employees from and against any and all loss, liability, expense, claims, costs, suits, and damages,
including attorney's fees, arising out of or related to Licensee's operations and performance, and public use of the
parking area or Property, under the terms of this License.
10. Insurance Requirements:
Licensee shall take out and maintain during the life of this License all the insurance required by this section and
shall submit certificates for review and approval by Licensor. No construction on or use of the parking lot shall
commence until such insurance has been approved by Licensor. The certificates shall be on forms provided by
Licensor or the insurance carrier. Acceptance of the certificates shall not relieve Licensee of any of the insurance
requirements, nor decrease the liability of Licensee. Licensor reserves the right to require Licensee to provide
insurance policies for review by Licensor.
(a) Worker's Compensation Insurance. Licensee shall take out and maintain during the life of the License,
Worker's Compensation and Employer's Liability Insurance for all of its employees on the parking lot.
Licensee shall require any subcontractor to provide it with evidence of Worker's Compensation and
Employer's Liability Insurance, all in strict compliance with California State laws.
(b) Public Liability Insurance. Licensee shall take out and maintain during the life of the License, Comprehen-
sive Automobile and General Liability Insurance that provides protection from claims which may arise from
operations or performance under this License. Licensee shall require any subcontractor 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 Liability and property Damage: $1,000,000
per occurrence, $2,000,000 total.
(c) Endorsements. The following endorsements must be indicated-on the certificate:
(1) Contra Costa County Flood Control and Water Conservation District, its boards, officers and
employees are additional insureds under the policy as to the work and operations being performed
under this License;
(2) The coverage is primary and no other insurance carried by Licensor will be called upon to
contribute to a loss under this coverage;
(3) The policy covers blanket contractual liability;
(4) The policy limits of liability are provided on an occurrence basis;
(5) The policy covers broad form property damage liability;
(6) The policy covers personal injury as well as bodily injury liability;
(7) The policy covers explosion, collapse and underground hazards;
(8) The policy covers products and completed operations;
(9) The policy covers use of non-owned automobiles;
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(10) The coverage shall not be canceled nor materially altered unless thirty (30) days written notice
is given to Licensor.
(d) Failure of Coverage. Failure, inability,or refusal of Licensee to take out and maintain during the entire term
or terms of this License any and all of the insurance as aforesaid shall at the option of Licensor constitute
a breach of this License and justify immediate termination of the same.
11. Approval and Inspection of Work:
No improvements, other than those agreed to herein, shall be constructed on the Property without Licensee first
obtaining Licensor's approval in writing of said work. In seeking Licensor's approval, Licensee shall furnish to
Licensor a complete description and sketch of the work proposed to be performed. In performing work approved
by Licensor, Licensee shall comply with all terms, conditions and requirements imposed by Licensor and shall not
deviate in any material manner from the description and sketch approved by Licensor, without first obtaining
additional approval in writing from Licensor. The installation or construction of any equipment, structures, or
fixture by Licensee pursuant to this Agreement shall not render this revocable license irrevocable, and shall not
be construed to effect a conveyance of any property right to Licensee.
Notwithstanding the foregoing, Licensee shall not be required to obtain Licensor's prior written approval for the
performance of routine maintenance or emergency repairs. As used in this section,the term Nroutine maintenance'
refers to work that does not alter the original condition of improvements previously approved in writing by
Licensee, 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 Licensor, which repairs are necessary to protect the safety of the public and others.
All work performed by Licensee shall be subject to inspection by Licensor.
12. Assignment:
No rights of Licensee hereunder shall be transferred or assigned unless the written consent of Licensor is first
secured. With that exception, this License and each and all of the covenants herein contained shall inure to the
benefit of and be binding upon the successors and assigns of the respective parties hereto.
13. Abandonment by Licensee:
If Licensee shall, for a period of at least 120 consecutive days, fail to use or maintain the parking area or any
portion thereof, then all rights of Licensee and to such portions not used or maintained shall immediately
terminate, at Licensor's sole discretion.
14. Damage to Property:
It is understood and agreed by and between the parties hereto that the Property is subject to sliding, erosion,
subsidence, and flooding, and that Licensee shall be solely responsible for damages to parking improvements
which are resulting from sliding, erosion, subsidence, or flooding.
15. Signs:
Licensee shall maintain existing signs and install appropriate informational and warning signs. Licensee shall also
install signs designating permitted uses by the general public, regulations governing such uses, and specifically
prohibiting unauthorized uses.
16. Weed Abatement:
Licensee agrees to keep the parking area free from weeds and other vegetation.
17. Drainage:
Licensee agrees to construct, within ninety (90) days and at its sole expense, a continuous curb at the southerly
end of the Property for safety and drainage purposes. Said curb shall be constructed of poured-in-place concrete
or 9" X 9° pressure-treated lumber, anchored or embedded to restrain vehicles. Said curb shall be maintained
by Licensee.
18. Fencing:
Licensee agrees to construct, within ninety (90) days and at its sole expense, a continuous forty-two inch high
wood and wire fence along the top of bank. Said fence shall be similar in design to the existing fence and shall
be supported by twelve-inch diameter concrete piers imbedded three feet into the ground. A continuous steel
cable shall be installed mid-height to restrain vehicles further. Said fence shall be maintained by Licensee.
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19. Vandalism:
Licensee shall, at its own expense, promptly repair all damage caused by users of the parking area, including
Licensee, to parking improvements, to the Property, and to existing and future utilities.
20. Graffiti:
Licensee shall, at its own expense, promptly clean, repaint or remove any graffiti placed by users of the parking
area on parking improvements,the Property,existing and future utilities and fences,walls and buildings adjoining
the Property.
21. Encroachment Permits:
Licensor shall have the sole right to grant encroachment permits or right of entry within the Property. Notification
of encroachment permits granted and plans approved by Licensor will be forwarded to Licensee. Licensor shall
consult with Licensee on safety requirements for future utilities and if Licensee has not responded within 15
working days, then it is presumed Licensee is in concurrence.
22. Modification:
This License shall be subject to modification or amendment, including the expansion of the parking area, only by
the written, mutual consent of both parties.
23. Termination for Cause:
In the event Licensee uses the Property for any other purpose or performs any other activity on the Property which
is not authorized by this Agreement, then Licensee's rights hereunder shall be terminated immediately.
24. No Waste:
Licensee, its agents, contractors, employees, guests and invitees shall not cause any waste, damage or
destruction to the Property. Upon termination or expiration of this Agreement, Licensee at its sole cost and
expense, shall repair any such waste, damage or destruction and restore the Property to its original condition,
unless Licensor agrees otherwise in writing.
25. Entire Agreement:
It is understood that this document contains the entire agreement between the parties hereto and all prior
understandings or agreements, oral or written, of what soever nature regarding the rights hereby granted are
superseded by this Licensee and are hereby abrogated and nullified.
IN WITNESS WHEREOF,the parties hereto have executed this License, in duplicate,the day and year first above written.
CONTRA COS C UNTY FLO NTROL
AND ATE ONS RVAT N IST CT SEE
(7� iMAA�AA�
Y By
Chair, oard of Supervisors Downing Exley
ATTEST:
J a Exley
Phil Batchelor
Clerk of the Board of Supervisors Date:
and County Administrator
By �!7 Ate_,,.,i► �
Approved as to form:
Victor J. Westman
C ty b s
By
Dep
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