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HomeMy WebLinkAboutMINUTES - 09121995 - C41 l C '41 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: SEPTEMBER 12, 1995 SUBJECT: LAUREL ROAD DETENTION BASIN LICENSE AGREEMENT - OAKLEY AREA Project No.: W.O. 5432 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE License Agreement with the Contra Costa County Flood Control and Water Conservation District and AUTHORIZE Board Chair to execute said License on behalf of the County. B. As the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE License Agreement with Contra Costa County and AUTHORIZE Board Chair to execute said License on behalf of the District. II. Financial Impact: Sources of funding for the construction and maintenance of park facilities include Countywide Landscape District Zone Number 16 and the Park Dedication Trust Fund. Continued on Attachment: X SIGNATURE:— RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 9.?, 19 9S APPROVED AS RECOMMENDED_OTHER_ VOTE OF SUPERVISORS v UNANIMOUS(ABSENT 1 AYES: NOES: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the ABSENT: 2 ABSTAIN: Board of supervisors on the date shown. qq ATTESTED: f�1d. ��� /—== •.-00, NW:glo PHIL BAT HELOR,Clerk of the Board g:1realprop1temp1B0c12.t9 of Supervisors and County Administrator Orig. Div: Public Works(R/P) , Contact: Nancy Wenninger (313-2227) Deputy cc: County Administrator P.W.Accounting Laurel Road Detention Basin License Agreement-Oakley Area September 12, 1995 Page Two III. Background and Reasons for Recommendations: The above agreement allows the County to construct and operate recreational facilities within the Laurel Road Detention Basin located on the north side of Laurel Road, one eighth of a mile east of the intersection of Laurel Road and O'Hara Avenue in Oakley. The basin is used for flood control purposes during the rainy season, capturing and holding water during periods of heavy rain for gradual release downstream. At all other times of the year, however, the basin lies empty. The County is proposing to utilize the basin site as a public park during the dry season. Planned improvements include baseball fields, landscaping, playground, picnic areas, parking and restrooms. The improvements are designed to be fully compatible with the basin's flood control function. IV. Consequences of Negative Action: The County will be unable to construct the recreational facilities. License Agreement LAUREL ROAD DETENTION BASIN PARK AND RECREATIONAL FACILITIES THIS AGREEMENT is made and entered into this day of 19_, by and between the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSER- VATION DISTRICT, a political subdivision of the State of California, hereinafter called "DISTRICT," and CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter called "COUNTY." WITNESSETH: THAT DISTRICT, for a good and valuable consideration and in further consideration of the faithful performance and observance by COUNTY of all of the terms and conditions herein contained, does hereby grant to COUNTY a license for the use 'of the property described herein for recreational purposes and for the construction, reconstruction, maintenance, removal, replacement and use of certain improvements defined herein as "Park Improve- ments" upon said property. THE LICENSE above mentioned is granted by DISTRICT and accepted by COUNTY upon the following terms and conditions and COUNTY does hereby agree with DISTRICT as follows: 1. Definitions: A As used in this License, "the Property" shall refer to the flood control detention basin located on Laurel Road between O'Hara Avenue and Rose Avenue in the Oakley area of east Contra Costa County, as shown on the map attached hereto as Exhibit "A". As used in this License, "Park Improvements" shall refer to all recreational facilities installed by COUNTY on the Property, which may include, subject to DISTRICT's approval and inspection as provided in Section 9, baseball fields, landscaping, fencing, irrigation, a parking lot, playground, picnic areas, paths and restroom facilities. 2. Title of DISTRICT: COUNTY hereby acknowledges the title of DISTRICT in and to the Property and agrees never to assail or to resist said title. COUNTY agrees that it has not acquired nor will it hereafter acquire any rights or interest in the Property, nor does COUNTY have nor will it obtain any right or claim to the use of the Property beyond those specifically granted in this License. 3. Term: Unless suspended or partially revoked as hereinafter set forth, this License to construct, operate and maintain recreational facilities to be used by the general public shall terminate twenty-five (25)years from the date hereof. By mutual written consent of the parties hereto, it may be extended for an additional twenty-five (25) year term. 4. Primary Use of Property: The Property consists of a detention basin which is used for flood control purposes during the rainy season. The basin captures and holds water during periods of heavy rain for gradual release into downstream facilities. Any and all rights granted or implied by this License shall be subordinated to the use just mentioned, as well as to all other uses of the Property made or permitted by DISTRICT. COUNTY acknowledges that the use just described constitutes the primary use of the Property and that COUNTY's use of the Property pursuant to this License is Page 1 of 5 secondary and subordinate to said primary uses. COUNTY 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 COUNTY hereunder are subject to all existing and future rights, rights of way, reservations, franchises, and licenses in the Property, regardless of who holds the same, including DISTRICT's right to use the Property for emergency or maintenance vehicle access or any other purpose. 5. Suspension or Limitation of Use: DISTRICT and its permittees shall have the right to suspend or to limit the use of the Property by COUNTY 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, DISTRICT shall provide COUNTY fifteen (15) days' prior notice in writing, except in cases of emergency maintenance or repairs. DISTRICT shall not be held responsible or liable for unavoidable damage or removal of any Park Improvements which may be placed, installed, repaired, or constructed as part of recreational facilities when DISTRICT finds it necessary to accomplish work for the maintenance, construction, repair, reconstruction or alteration of DISTRICT property. However, DISTRICT will exercise reasonable care to minimize adverse impacts of such work upon COUNTY's recreational facilities. 6, Revocation: In the event, at the sole discretion of DISTRICT, the primary uses of the Property by DISTRICT or DISTRICT's permittees reasonably require some permanent use of a portion or portions of the Property which, by nature thereof, precludes COUNTY's use thereof, DISTRICT may, upon six-months' prior notice, revoke this License as to the area DISTRICT deems necessary for such permanent primary use. DISTRICT shall supply COUNTY with a map or drawing identifying the area(s) as to which this License is so revoked. 7. Maintenance and Litter: COUNTY shall maintain the Property 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 DISTRICT 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 COUNTY fails to so keep the Property then, after thirty (30) days' prior written notice specifying the needed work, DISTRICT may perform or hire the necessary work at the reasonable expense of COUNTY, which expense COUNTY agrees to pay to DISTRICT upon demand. COUNTY agrees to keep the Property free from weeds and other vegetation, and to abate weeds to local fire district standards. 8. Indemnification: COUNTY shall indemnify, save, protect, defend, and hold harmless DISTRICT, its boards, officers, and employees from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attomey's fees, arising out of or connected with COUNTY's operations and performance, and the presence or public use of the Property. Page 2 of 5 9. Approval and Inspection of Work: COUNTY shall not perform any construction, reconstruction, remodeling, repair, removal, or other work within the Property without first obtaining DISTRICT's approval in writing of said work. In seeking DISTRICT's approval, COUNTY shall furnish to DISTRICT a complete description and sketch of the work proposed to be performed. In performing work approved by DISTRICT, COUNTY shall comply with all terms, conditions, and requirements imposed by DISTRICT and not deviate in any material manner from the description and sketch approved by DISTRICT, without first obtaining additional approval in writing from DISTRICT. COUNTY shall not be required to obtain DISTRICT'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 alter the original condition of improvements previously approved in writing by DISTRICT, 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 DISTRICT, which repairs are necessary to protect the safety of the public and others. Except in the case of emergency or routine maintenance, COUNTY shall consult DISTRICT at least seven (7) days before any major maintenance operations are performed by COUNTY. Work shall be done in such a manner that DISTRICT shall at all times be able to use and gain access to its facilities. All work performed by COUNTY under this section shall be subject to inspection by DISTRICT. 10. Assignment: No rights of COUNTY hereunder shall be transferred or assigned unless to a successor public agency and unless the written consent of DISTRICT 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. 11. Abandonment by COUNTY: If COUNTY shall, for a period of at least 120 consecutive days, fail to use or maintain the Propertyl or any portion thereof, then all rights of COUNTY in and to such portions not used or maintained shall immediately terminate, at DISTRICT's sole discretion. 12. Patrol: COUNTY shall provide such patrol service as is necessary to prevent unauthorized use of the Property and to protect the safety of the users of the Property. Its failure to do so shall constitute a breach of this License and justify immediate termination of the same. COUNTY agrees to devote the same standards and levels of public safety patrol to the Property as it is able to and does devote to its other facilities. 13. Damage to Property: It is understood and agreed by and between the parties hereto that the Property is subject to flooding, and that DISTRICT is under no obligation to maintain the Property or repair any damage resulting from flooding, sliding, erosion, or subsidence, unless in the sole discretion of DISTRICT such damage affects the integrity of the flood control facilities. In the event of any lesser damage, COUNTY shall perform such maintenance or repair as COUNTY may deem necessary for proper and safe operation of the recreational facilities. Page 3 of 5 14. Pollution: COUNTY, 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 DISTRICT. No hazardous materials shall be handled by COUNTY 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 COUNTY's employees, contractors and agents, COUNTY, at its expense, shall be obligated to clean all the property affected thereby, whether owned or controlled by DISTRICT or any third person, to the satisfaction of DISTRICT (insofar as the property owned or controlled by DISTRICT is concerned) and any governmental body having jurisdiction thereover. To the extent permitted by law, COUNTY shall indemnify, hold harmless, and defend DISTRICT and such holders of user rights against all liability, cost, and expense (including, without limitation, any fines, penalties, judgments, litigation costs, and attomeys'fees) incurred by DISTRICT and such other users as a result of COUNTY's 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 DISTRICT. COUNTY shall pay all amounts due DISTRICT under this section within ten (10) days after any such amounts become due. 15. Signs: COUNTY shall install and maintain appropriate informational and warning signs. COUNTY shall also install signs designating permitted uses by the general public, and regulations governing such uses. 16. Park Improvement Maintenance: COUNTY shall maintain at its expense all Park Improvements, including baseball fields, landscaping, irrigation, parking lot, paths, playground, picnic areas and restroom facilities. 17. Fencing: COUNTY agrees to maintain, at its expense, all fencing and barricades on the Property installed by DISTRICT or COUNTY. COUNTY shall not be responsible for the maintenance of the adjacent residential fencing installed by parties other than DISTRICT and COUNTY. 18. Vandalism: COUNTY shall, at its own expense, promptly repair all damage to Park Improvements and to the Property caused or contributed to by users of the Property. 19. Graffiti: COUNTY shall, at its own expense, promptly clean, repaint, or remove any graffiti placed by users of the Property on Park improvements, the Property, fences, walls, and buildings adjoining the Property. 20. Encroachment Permits: DISTRICT shall have the sole right to grant encroachment permits or rights of entry within the Property. Notification of encroachment permits granted and plans approved Page 4 of 5 by DISTRICT will be forwarded to COUNTY. If COUNTY has not responded within 30 working days, then it is presumed COUNTY is in concurrence. COUNTY shall obtain permits from all other agencies as required for construction of the Park Improvements. 21. Modification: This License shall be subject to modification or amendment, including the expansion of the recreational facilities to additional areas, only by the written, mutual consent of both parties. 22. 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 whatsoever nature regarding the rights hereby granted are superseded by this License 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 Costa County Flood Control Contra Costa County and Water Conservation District By By Cha' , Board of Su rvisors ChAir, Board of Sup rvisors ATTEST: Phil Batchelor Clerk of the Board of Supervisors and County Administrator By Approved as to form: Victor J. Westman Cou y Cou By Deputy NW:glo g:lrealproplempVaure[.M June 29, 1995 Page 5of5 y t N iV EXHIBIT "A" A a ? � a �N N L '3AV 3sO8 oin t - - r 0c. a m c OC w H a a x W C 0 4 O1 X �E O a � N r.. N O h 1 N N Q m �+ N M O N y rU� 1 Il.)Qr 1 Q m (}GTS y ° W Cd4 1 9'N W tt N V • � V Nin45 a No z t O m �r N d N o M a .»^rP .tLB' 99 t 41 1 Ln co co co uJ C6 d U) N m I ! I R y 1t V/ Q cD CJ �o d' N q0 Ll? q .s S U) Lr) ti I I � Q0c) I ci 0 cn 71 r �W I � i o y o) -Y \ I W N (( h yI G.O p2 P Y VV m 1 w _ _ -45& x