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HomeMy WebLinkAboutMINUTES - 08082006 - C.2 �.,�- ` �� TO: BOARD OF SUPERVISORS, AS THE GOVERNING Contra�.,�� , �. Body of the Contra Costa County Flood Control and C o S t a Water Conservation District � ';' -�iianmR -v-, >, FROM: MAURICE M. SHIU, CHIEF ENGINEER County s, a coux'r'{ DATE: August 8, 2006 SUBJECT: Execute a 25 year License Agreement between Contra Costa County and the City of San Ramon for the purpose of landscape impro Ivements and maintenance at the street entrances to the Iron Horse Corridor at Norris Canyon Road,Bollinger Canyon Road, Montevideo Road and Pine Valley under the City of San Ramon Iron Horse Corridor Landscaping Project, San Ramon area4District III) Project No. 0678-6G55175 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION Recommended Action: A. APPROVE and. AUTHORIZE the Chair, Board of Supervisors, or its designee to execute the License Agreement on behalf of Contra Costa County. B. DIRECT the Real Property Division to cause said License Agreement to be delivered to the City of San Ramon (City). Financial Impact: There will be no financial impact for the County from this action. All costs of landscape improvements will be born by the City. Continued on Attachment: X SIGNATUREZ- �LXXA� _ ECOMMENDATION OF COUNTY ADMI IST OR _RECOMMENDATION OF BOARD COMM TTE +.APPROVE OTHER SIGNATURE(S): ~j ACTION OF BO ON j ' O�APPROVED AS RECOMMENDED_OTHER_ VOTE OF SUP ISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: CP: Z:\GrpData\RealProp\Carla\Board Orders\BO City of San Ramon License.doc I hereby certify that this is a true and correct copy of an Orig.Div: Public Works(R/P) action taken and entered+on the minutes of the Board of Contact: Carla Peccianti(313-2222) Supervisors on the-date shown. cc: County Administrator I �d^ Joellen Waters,Senior Clerk,Adm. ATTESTED: t aZsifd.ti� Public Works Records JOHN CULLEN;_C1eik&f the Board of City of San Ramon(via R/P) I. Bergeron,Computers Services Supervisors and County Administrator By z Deputy Subject: Execute a 25 year License Agreement between Contra Costa County and the City of San Ramon for the purpose of landscape improvements and maintenance at the street entrances to the Iron Horse Corridor at Norris Canyon Road, Bollinger Canyon Road, Montevideo Road and Pine Valley under the City of San Ramon Iron Horse Corridor Landscaping Project, San Ramon area, (District Ili) Date: August 8, 2006 Page: 2 of 2 Reasons for Recommendations and Background: The County and the County Redevelopment Agency acquired 19.5 miles of the former Southern Pacific Right of Way in 1986 that runs from Monument Boulevard in Concord to the Contra Costa County/ Alameda County property line and now known as the IHC. In September 2003 the County granted an easement to Dublin San Ramon District East Bay Municipal Utility District Recycle Water Project (DERWA) for the installation of a water pipeline in the IHC which is in the San Ramon area. The City required DERWA to provide landscape improvements at four street entrances in the IHC located at Norris Canyon Road, Bollinger Canyon Road, Montevideo Road and Pine Valley Road. Because the landscape improvements are to be located in the IHC, the City would like to enter into a license agreement with the County to landscape and maintain these areas of the IHC. By granting the License Agreement to the City, and it will relieve the County of the responsibility for the care and maintenance of these four street entrances to the IHC. Consequences of Negative Action: The County would continue to have the responsibility to maintain these areas and the City would not be able to do their landscape project. License Agreement Between Contra Costa County And The City of San Ramon (Not to be recorded) THIS Agreement is made and entered into this day ot7 I!¢ '2006,by and between the COUNTY OF CONTRA COSTA, a political subdivision oft State of California, hereinafter called"County,"and the City of San Ramon,a municipal corporation,hereinafter called"Licensee." WITNESSETH: THAT County,in consideration of the faithful performance and observance by Licensee of all of the terms and conditions herein contained, does hereby grant to Licensee a non-exclusive revocable license for the landscaping andl maintenance of four entrance areas to the Iron Horse Trail and Corridor, hereinafter referred to as the "City of San Ramon Iron Horse Corridor Landscaping Project" ("Project")as defined below. THE License Agreement ("AgrI ement") above mentioned is granted by County and accepted by Licensee upon the following terms and conditions and Licensee does hereby agree with County as follows: 1. Definitions: As used in this Agreement,the"Licensed Premises" shall refer to both sides of the street entrances to the Iron Horse Corridor("IHC") at the following four locations: 1)Pine Valley Road,2)Montevideo Road,3)Norris Canyon Road and 4)Bollinger Canyon Road in the City of San Ramon, as shown on Exhibits A, B, C, D, and E, attached. County grants this non-exclusive,revocable license to Licensee for the purpose of installing, planting, removing and maintaining small plants and shrubs; and for the installation, construction and maintenance of associated landscaping improvements such as benches and irrigation equipment. Licensee is expressly prohibited from planting trees or large shrubs under this Agreement. 2. Title of County: Licensee hereby acknowledges the title of County in and to the Licensed Premises and agrees never to assail or to resist said title. Licensee agrees that it has not acquired nor will it hereafter acquire any rights or interest in the Licensed Premises nor does Licensee have nor will lit obtain any right or claim to the use of the Licensed Premises beyond those specifically granted in this Agreement. 3. Term: Unless suspended or revoked as hereinafter set forth,this Agreement shall terminate twenty-five(25)years from the date hereof. By mutual written consent of the parties hereto, the term may be extended for an additional twenty-five years. The installation or construction of any improvements by Licensee pursuant to this Agreement shall not render this revocable license irrevocable, and shall not be construed to affect a conveyance of any property right to Licensee. 1 of 9 Z:1GrpDatalRealProp\Car1a1JR0N HORSE CO RRIDOR1LicenseslSan Ramon lHC Landscaping Project Final 7-25-06.doc 4. Primary Use of IHC: Tihe IHC consists of a corridor which the County is in the process of developing for transportation,utility, and other purposes. Underground utility facilities are already in place and it is anticipated that, in the future, a mass transportation system and additional utility facilities will be constructed or installed in the IHC. Any and all rights granted or implied by this Agreement shall be subordinated to the uses just mentioned, as well as to other uses of the Licensed Premises made or permitted by County. Licensee acknowledges that the uses just described constitute the primary use of the Licensed Premises and that Licensee's.use of the Licensed Premises pursuant to this Agreement is secondary and subordinate to said primary uses. Licensee shall not, at any time, use or permit the use of the Licensed Premises in any manner that will interfere with or impair said primary uses of the IHC or the use of the Licensed Premises by County's permittees as defined below. All rights granted to Licensee hereunder are subject to all existing and future rights, rights of way, reservations, franchises, easements and licenses in the Property, regardless of who holds the same(collectively referred to herein as"Permittees"),including County's right to use the Licensed Premises area for emergencies or any other purposes as County deems necessary. 5. Suspension or Limitation of Use:-County and its Permittees shall have the right to suspend or to limit the use of the Licensed Premises by Licensee for protection of public safety,or for the construction, installation, operation, maintenance or repair of other facilities on the Licensed Premises. Should such suspension or limitation be necessary,County shall provide Licensee fifteen(15)daysprior notice in writing,except in cases of emergency maintenance or repairs. County shall not be held responsible or liable for damage or removal of any of Licensee's improvements caused by or resulting from County's use of the Licensed Premises. However, County will endeavor to minimize damage resulting from its use of the Licensed Premises. 6. Revocation: County may immediately revoke this Agreement upon written notice to Licensee of Licensee's(breach of any term of this Agreement. In the event, in the sole discretion of County, the primary uses of the Licensed Premises by County or Permittees require some permanent use of a portion or portions of the Licensed Premises which, by nature thereof,precludes Licensee's use of all or a portion of the Licensed Premises, County may,upon ninety(90)days'prior written notice,revoke this Agreement. Upon revocation or termination of this Agreement,the County shall have the right to request Licensee to remove from the Licensed Premises, at Licensee's sole cost and expense, such portions of the Licensed Premises improvements as County may demand. Licensee shall be responsible for any and all damages caused by its improvements and removal thereof. Licensee shall restore said real property to as near its original condition as possible. If Licensee fails to commence removal of Licensee's improvements within thirty (30) days after receipt of written notice from County to do so, or fails to complete the removal within a reasonable time thereafter, said improvements may be removed by County at Licensee's sole cost and expense, which expense Licensee agrees to pay County promptly upon demand. 2of9 Z:1GrpData\Rea1Prop\CarlallRON HORSE CORRIDORV imseslSan Ramon lHC Landscaping Project Final 7-25-06.doe 7. Maintenance and Litter: During the term of this Agreement,Licensee shall maintain the Licensed Premises in a clean, safe and presentable condition, free from waste, litter, and other items incidental to the use of the premises. As used in this section, the term "litter" shall include, but not be limited to,paper, garbage,refuse, trimmings, and other items that detract from the neat and tidy appearance of the Licensed Premises. Licensee agrees to keep the Licensed Premises free from weeds and other vegetation not planted by Licensee,and to abate weeds to local fire district standards. If Licensee fails to keep the Licensed Premises in a clean, safe and presentable condition, in lieu of immediate revocation as provided in Section 6 above,the County may give Licensee thirty(3 0)days'prior written notice and an opportunity to perform the necessary maintenance work. If Licensee does not perform the specified work within the 30 days, County may perform or arrange for the work to be performed at the expense of Licensee,which Licensee agrees to pay to County upon demand. 8. Indemnification: Licensee shall indemnify, save, protect, defend, and hold harmless County, and Permittees,their respective boards, officers, employees and contractors , from and against any and all loss,liability, expense, claims, costs, suits, and damages, including attorney's fees,arising out of or connected with Licensee's operations and performance under the terms of this License,provided,however,Licensee shall not be responsible to indemnify, save, protect and hold harmless any indemnitee whose sole negligence or sole willful misconduct, as determined by a court of law, caused the applicable claim, cost or liability. The obligations contained in this Section shall survive termination or expiration of this Agreement. 9. Insurance Requirements: Licensee shall take out and maintain during the life of this Agreement all the insurance required by this section and shall submit certificates for review and approval by County. No construction on or use of the Licensed Premises shall commence until such insurance has been approved by County. Acceptance ofthe certificates shall not relieve Licensee of any of the insurance requirements,nor decrease the liability of Licensee. County reserves the right to require Licensee to provide insurance policies for review by County. County may require Licensee to obtain additional or greater amounts of insurance coverage upon sixty(60) days advance written notice of same to Licensee. (a) Worker's COmpelnsation Insurance. Licensee shall take out and maintain Worker's Compensation and Employer's Liability Insurance for all of its employees who perform work on4he Licensed Premises. 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) General Liability Insurance. Licensee shall take out and maintain Comprehensive General Liability Insurance that provides protection from claims which may arise from operations or performance under this Agreement. Licensee shall require any subcontractor to provide evidence of the same liability insurance coverages as is required of Licensee. Licensee's insurance policy must satisfy the following requirements (1) Single limit coverage for bodily injury,personal injury and property damage of a minimum of$1,000,000 per occurrence. 3 of 9 ZAGrpData\RealPmp\CarlaURON HORSE COR UDORU,icenses\San Ramon IHC Landscaping Project Final 7-25-06.doc (2) The coverage is primary and no other insurance carried by County, KMEP, EBRPD, EBMUD, CCCSD, PG&E and DERWA 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 owned and non-owned automobiles; (10) The coverage shall not be canceled nor materially altered unless thirty (30) days written notice is given to County. (c) Endorsements making the following entities additional insureds under the insurance policies,must be provided to County prior to the effective date of this Agreement: Contra Costa County, Contra Costa County Flood Control and Water Conservation District(CCCFCWCD),Time Warner Telecom,Inc.(Time Warner);Kinder Morgan Energy Partners LP [SFPP, L. P.] (KMEP), East Bay Regional Park District (EBRPD), East Bay Municipal Utility District (EBMUD), Central Contra Costa Sanitary District] (CCCSD) , Pacific Gas &Electric Company(PG&E) and Dublin San Ramon Services District/East Bay Municipal Utility District Recycled Water Authority (DERWA), their respective boards, officers, agents and employees. (d) Self Insurance. (Licensee has the right and option to self-insure the requirements under this Section 9 upon written notice to County that Licensee assumes the obligations in the place and stead of any insurance carrier and upon providing to County, a certificate or other evidence of self-insurance that has been approved by County. 10. Approval and Inspection of Work: Licensee shall not perform any construction, reconstruction, remodeling, repair, removal, or other work on the Licensed Premises, including the installation of barricades,or signs,without first obtaining the written approval of County for said work(. Licensee is prohibited from installing any structure, fence,wall or obstruction within any ipipeline easement. In seeking County's approval, Licensee shall furnish to County a complete description and sketch of the work proposed to be performed. In performing work app( oved by County,Licensee shall comply with all terms, conditions, and requirements imposed by County, including, but not limited to, strict adherence to the "Contra Costa County Iron Horse Corridor Management Program Landscape Element" 4of9 Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\Licenses\San Ramon IHC Landscaping Project Final 7-25-06.doc adopted on September 1,2000,and not deviate from the description and sketch approved by County, without first obtaining additional approval in writing from County. It is understood and agreed that County has leases, easements and/or licenses with other Permittees for all or a portion of the Licensed Premises. Such arrangements provide for an underground petroleum;products pipeline right-of-way and may also include other uses such as underground natural gas, sewer, water, telecommunication cables, or electrical lines, overhead electric and communication lines or similar uses. Licensee is responsible for locating all improvements and facilities in the.Licensed Premises pursuant to any such lease, easement and/or license!and is solely responsible for any damages to said improvements and facilities resulting from or in connection with its operations under this Agreement. Licensee further agrees that this Agreement shall not be effective and Licensee shall have no right to use the Licensed Premises unless and until Licensee acquires letters of approval confirming that Licensee's proposed use of the Licensed Premises is acceptable to other Permittees, including,but not limited to,those users listed below. Time Warner Telecom, Inc. Central Contra Costa Sanitary District 1340 Treat Boulevard Suite 100 5019 Imhoff Place Walnut Creek CA, 94597 Martinez, CA 94553 (925) 953-7014 (925) 228-9500 Real Property Kinder Morgan Energy Partners LP [SFPP, L. P.] East Bay Regional Park District 1100 Town& Country Road 2950 Peralta Oaks Court Orange, CA 92868 Oakland, CA 94605-0381 (714) 560-4960 (5.10) 635-3419 East Bay Regional Trails Concord Office East Bay Municipal Utility District (925) 687-3419 P. O. Box 24055 Oakland, Ca. 94623 Contra Costa Water District Real Property P. O. Box H2O (510) 287-1248 Concord, CA 94524 Real Property Dublin San Ramon Services District/ (925) 688-8162 East Bay Municipal Utility District Recycled Water Authority (DERWA) Pacific Gas &Electric Company DERWA Authority Manager 3480 Buskirk Avenue#150 7051 Dublin Blvd Pleasant Hill, CA 94523 Dublin, CA 94568 Land Department (925)828-0515 (925) 674-6588 Licensee agrees to comply with any conditions or requests from the aforementioned Permittees and agrees that 48-hours prior to any subsurface work, Licensee will contact Underground Service Alert at (800) 624-2444. Licensee 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 alter the original condition of improvements previously approved in writing by County, 5 of 9 Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\Licenses\San Ramon IRC Landscaping Project Final 7-25.06.doc 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 County,which repairs are necessary to protect the safety of the public and others.Except in the case of emergency repairs or routine maintenance, Licensee is required to obtain County's prior written approval for all work to be performed on the Licensed Premises. Work shall be done in such a manner that County shall at all times be able to use and gain access to its facilities. All work performed by Licensee under this section shall be subject to inspection by County. 11. Assignment: No rights of Licensee hereunder shall be transferred or assigned, unless to a successor public agency,and unless the written consent of County is first secured.With that exception,this Agreement 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. 12. Abandonment by Licensee: If Licensee shall,for a period of at least 120 consecutive days, fail to use or maintain the Licensed Premises or any portion thereof, then all rights of Licensee in and to such portions not used or maintained shall immediately terminate, at County's sole discretion. 13. Condition of Licensed Premises /As Is: It is understood and agreed by and between the parties hereto that the Licensed Premises are subject to sliding, erosion, subsidence, and flooding,and that County is under no obligation to maintain the Licensed Premises or repair any damage resulting from sliding, erosion, subsidence, or flooding. If County, in its sole discretion, determines that such damage affects the integrity of the County's facilities, County has the right to maintain or repair the Licensed Premises. In the event of any lesser damage,Licensee shall perform such maintenance or repair as Licensee may deem necessary for proper and safe operation of the Licensed Premises facilities. Licensee acknowledges and agrees that County makes no warranty,guarantee,or representation,express or implied as to the physical or any other'Condition of the Licensed Premises,and it is the sole responsibility of Licensee at its sole coIst and expense to investigate such any and all conditions. 14. Waste,Hazardous Materials: Licensee,at its sole cost and expense,shall comply with all applicable laws, regulations, rules, and others, with respect to the use of the Licensed Premises,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. Licensee shall not commit, or suffer or permit the commission of any waste upon the Licensed Premises,or any nuisance or other act or thing that may disturb the quiet enjoyment of the use of the IHC or surrounding property. Licensee shall not, and shall ensure that no others shall, store or dispose of any Hazardous Materials on the Licensed Premises. The term "Hazardous Materials" shall mean any hazardous or toxic substance, hazardous or radioactive material,hazardous waste,pollutant or contaminant at any concentration that is, or during the term of * s Agreement becomes,regulated by any local or regional government authority having jurisdiction over the Licensed Premises,by the State of California,or by the United States. 6 of 9 Z:\GrpData\RealProp\Carla\IRON 'R ORNT icenses\San Ramon IHC Landscaping Project Final 7-25-06.doc I Licensee shall not permit any.activity on the Licensed Premises that directly or indirectly produces unlawful amounts or levels of air pollution(gases,particulate matter,odors,fumes, smoke; or dust), water pollution, noise, glare, heat emissions, radioactivity, and trash or refuse accumulations, or vibration that is hazardous or dangerous by reason or risk of explosion, fire, or harmful emissions. 15. Maintenance of the Property Landscaping and Improvements:Licensee shall maintain at its sole cost and expenseall the landscaping and improvements installed by Licensee in the Licensed Premises. 16. County's Use of Herbicides: Licensee hereby acknowledges and understands that County may,at any time,use chemical herbicides within the IHC. Licensee agrees to allow such use, without disruption or challenge, on and around Licensee's Landscape Improvements, as described herein. Licensee hereby waives any claim for liability against County for any damage resulting from such use. 17. Restricted Use: Public use of the IHC is restricted to pedestrian,equestrian and bicycle use only and Licensee shall not allow any type of motor-driven vehicle in the Licensed Premises area except those of its employees and contractors for construction, maintenance, repair, patrol, or public safety purposes. Subject to approval by County and Permittees, Licensee 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 EBRPD's Iron Horse Trail and the IHC that such vehicles are prohibited. 18. Vandalism: Licensee shall, at its own expense, promptly repair all damage caused by vandalism to the Licensed Premises and its improvements,and to existing and future utilities in the Licensed Premises. 19. Graffiti: Licensee shall at its own expense,promptly clean,repaint,or remove any graffiti on the Licensed Premises and its improvements,on existing or future utilities and fences,and on walls and buildings adjacent to the Licensed Premises,subj ect to approval by the relevant property owner, or reimburse County for performing the same. . 20. Modification: This Agreement shall be subject to modification or amendment only by the written, mutual consent of both parties. 21. Notices: All notices under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes asI follows: A. When delivered by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. B. When delivered by overnight delivery by a mutually recognized overnight courier,notice shall be deemed delivered one (1)business day after deposit with that courier. C. When delivered personally to the recipient,notice shall be deemed delivered on the date personally delivered. The place for delivery of all notices given under this Agreement shall be as follows: 7 of 9 Z:\GrpData\RealProp\Carla\IRON HORSE CORRIDOR\Licenses\San Ramon IHC Landscaping Project Final 7-25-06.doc COUNTY: Contra Costa County Attn: Real Property Division 255 Glacier Drive Martinez, CA 94553 Telephone: (925;) 313-2220 Facsimile: (925) 646-0288 LICENSEE: City of San Ramon Attn: City Manager 2222 Camino Ramon San Ramon, CAI 94583 Telephone: (925) 973-2530 Facsimile: (925) 866-0547 Either party may at any time, designate different addresses or facsimile numbers to which such notices shall be given ein the manner set forth above. 22. Governine Law: The flaws of the State of California shall govern the interpretation and enforceability of this Agreement. The venue for any legal action between the parties pertaining to this Agreement shall be Contra Costa County,which courts shall have exclusive jurisdiction over such legal action. 23. Construction: The section headings and captions of this Agreement are, and the arrangement of this Agreement is, for the sole convenience of the parties. The section headings, captions and(arrangements of this Agreement do not in any way affect, limit amplify or modify the terms and provisions of this Agreement.This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. (remainder of page intentionally left blank) 8 of 9 Z:\GrpData\RealProp\Carla\IRON HORSE CORRMR\I.icenses\San Ramon IHC Landscaping Project Final 7-25-06.doc 24. 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 Agreement and are hereby abrogated and nullified. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, the day and year first above written. COUNTY LICENSEE CONTRA OST COUNTY CITY OF SAN RAMON By By -Jp7ai esignee Mayor ATTES AUGUST 08, 006 RECO ENDED FOR PPROVAL RECOMMENDED BY: By By Care . Laws ineering Services Director Principal Real Property Agent APPROVED ASS FORM: APPROVED AS TO FORM: By J . — ity Attorney By De u yp County Counsel 9 of 9 C;ARealProp\Carla\IRON NORSE CORRIDOR\Licenses\San Ramon IHC Landscaping Project Final 7-25-06.d cc N � gsn J s F / 5• ( 0 il: z 3 g qN <: 3 V: 4 J Q o U H � z z u } ° ! 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