HomeMy WebLinkAboutMINUTES - 07282015 - C.67RECOMMENDATION(S):
APPROVE the License Agreement (License) between the City of San Ramon (City) and Contra Costa County
(County) for the City’s use of a portion of the Iron Horse Corridor (IHC) for rest areas south of Fostoria Way to the
Alameda County line, San Ramon and pursuant to Government Code Section 25526.6. (Project No. 0678-6G5591)
DETERMINE that the conveyance of said License is in the public interest and will not substantially conflict or
interfere with the County’s use of the IHC.
AUTHORIZE the Public Works Director, or designee, to execute the License on behalf of the County.
DIRECT the Real Property Division of the Public Works Department to cause said License to be delivered to the City.
FISCAL IMPACT:
100% City of San Ramon
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/28/2015 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Carrie Ricci, (925) 313-2235
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: July 28, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 67
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:July 28, 2015
Contra
Costa
County
Subject:License Agreement with the City of San Ramon for use of a portion of the Iron Horse Corridor for rest areas.
BACKGROUND:
The City of San Ramon received funds to construct a waterline and 10 rest areas that will be begin just north of
Fostoria Way and end just south of the Alameda County line. The rest areas will consist of concrete paving,
decomposed granite, benches, shade structures, drinking fountains, trash cans, information signage, irrigation
wires and landscaping. The City will be responsible for maintaining all of the improvements it installs within the
IHC.
Construction of the improvements by the City is consistent with existing County policy providing for public use
of the IHC and will not conflict with the County’s development of a future transit corridor.
CONSEQUENCE OF NEGATIVE ACTION:
The City will not be able to construct the improvements and will lose their funding.
ATTACHMENTS
License Agreement
Exhibit A
LICENSE AGREEMENT
BETWEEN
CONTRA COSTA COUNTY
AND
CITY OF SAN RAMON
This License Agreement (this “Agreement”) is entered into on _____________, 2015 (“Effective
Date”), by and between CONTRA COSTA COUNTY, a political subdivision of the State of California
(hereinafter called “County”), and the CITY OF SAN RAMON, a charter city in Contra Costa County,
California (hereinafter called “Licensee”).
RECITALS
A. County owns real property known and designated as the Iron Horse Corridor (herein after
referred to as “IHC”) a portion of which runs from Mayette Avenue in the City of Concord
south to the County line in the City of San Ramon.
B. The IHC includes real property in San Ramon, California as shown in yellow on Exhibit A,
which is attached to this Agreement and incorporated herein by this reference (hereinafter
referred to as the “Licensed Premises”).
C. Licensee desires to develop select areas of the Licensed Premises in the IHC, with concrete
paving, decomposed granite, benches, shade structures, drinking fountain s, trash cans,
information signage, irrigation lines and landscaping, hereinafter referred to as the “Rest
Areas”. The approximate locations of the Rest Areas are shown on plans dated May 21, 2015
on file with the County and Licensee.
D. Based on the information available to Licensee and County as of the effective date of this
Agreement, the Licensed Premises is or may be contaminated with railroad related
contaminants that exceed residential exposure thresholds and the Regional Water Quality
Control Board (“RWQCB") screening levels as identified in the Engeo Inc. (“Engeo”) report
entitled, “Remedial Investigation Report, Iron Horse Trail, Fostoria Way to South of Alcosta
Blvd, Landscaping and Rest Station Project San Ramon, Contra Costa County, California,” dated
December 16, 2013, and (hereinafter referred to collectively as the “Report”, copies of which
are on file with the County and Licensee). The Report establishes a long term maintenance and
operation plan that will protect users of the IHC and Licensed Premises from any of the
contaminants of concern (“COCs”), as identified in the Report, exceeding the residential
exposure thresholds and RWQCB screening levels.
E. The purpose of this Agreement is to authorize the Licensee’s use of the Licensed Premises and
to designate the terms and conditions of that use.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, County and Licensee agree as follows:
Page 2 of 11
AGREEMENT
1. Grant of License: Subject to the terms and conditions of this Agreement, County hereby
grants to Licensee a nonexclusive, revocable license to enter onto and use the Licensed
Premises for the uses described in this Agreement.
2. Effective Date: This Agreement shall be effective as of the date first set forth above (the
“Effective Date”).
3. “As - Is” Condition: Licensee acknowledges that the Licensed Premises and the IHC are
known by both Licensee and County to have environmental issues and Licensee agrees that
the Licensed Premises is being licensed to Licensee in an “As-Is” condition. Licensee is fully
responsible for the remediation clean-up activity within the Licensed Premises as identified in
the Report. Licensee shall comply with any and all requirements imposed by any regulatory
agency, including but not limited to the Contra Costa Health Services Department (CCHSD),
having jurisdiction over the Licensed Premises in regards to the clean-up activity of the
Contaminants of Concern (COCs). During the course of construction of the Improvements (as
defined in Section 4 below) within the Licensed Premises, Licensee shall inform County if it
identifies COCs exceeding the residential exposure thresholds and Regional Water Quality
Control Board (RWQCB) screening levels as currently identified in the Report located outside
of the Licensed Premises, but within the IHC. Licensee shall also inform County if additional
testing reveals COCs located outside of the Licensed Premises, but within the IHC exceeding
the residential exposure thresholds and RWQCB screening levels identified in the Report.
Licensee shall undertake appropriate actions as specified in the Report to minimize COC
exposure to users of the Licensed Premises as follows: (a) during the course of construction
of the Trail; and (b) after completion of construction activities, Licensee’s responsibilities to
minimize COC exposure to users of the Licensed Premises shall only extend to the Licensed
Premises and for five feet beyond the boundaries of both sides of the Licensed Premises. Any
additional remediation or exposure minimization of COC’s within the IHC beyond Licensee’s
responsibility shall be the responsibility of County. If the County excavates and removes
COCs from the Licensed Premises and caps with one foot of soil, Licensee shall be
responsible for installing and maintaining the soil cap, and any other appropriate actions to
minimize COC exposure to users of the Licensed Premises within the limitations as described
above.
4. Use: Under the terms of this Agreement, Licensee may construct, install, maintain, repair,
remove, and replace the Rest Areas (“Improvements”) within the Licensed Premises.
Licensee shall construct and maintain the Improvements in accordance with the soil
management plan incorporated in the Report, which was approved by CCHSD.
Page 3 of 11
5. Primary Use of the Licensed Premises: Licensee’s rights granted or implied by this
Agreement shall be subordinate to any existing and future County uses, and to uses
granted to other parties by the County (“Primary Uses”) through, without limitation, right of
way agreements, reservations, franchises, easements, or licenses (such users are
hereinafter collectively be referred to as “Co-users”).
Licensee shall not, at any time, use or permit the public to use the Licensed Premises in any
manner that will materially interfere with or impair Primary Uses of the Licensed Premises.
The IHC consists of an approximately 19.5 mile corridor which, as of the effective date of
this Agreement, the County is developing for transportation, utility, and associated
purposes. Underground utility facilities are already in place and it is anticipated that, in the
future, a fixed guideway system and additional utility facilities will be constructed or
installed within the IHC, including within the Licensed Premises area. Licensee’s use of the
Licensed Premises will be subordinate, as stated above, to this proposed future use.
6. Term: Unless earlier suspended or revoked as provided herein, this Agreement will
terminate twenty-five (25) years from the Effective Date. By mutual written consent of the
parties hereto, this Agreement may be extended.
7. County’s Title: County holds fee title to the IHC including the Licensed Premises, and
Licensee agrees never to assail or to resist said title. Any maintenance, repa ir, and
replacement of the Improvements by Licensee shall not give rise to a lic ense coupled with
an interest.
8. Revocation and Termination of Agreement: Licensee may terminate this Agreement,
or County may revoke the license granted hereunder and terminate this Agreement, at any
time, for any reason or no reason, with or without cause, upon sixty (60) days written
notice to the other party. In the event of revocation of the license granted herein or
termination of the agreement, Licensee shall have no right to any reimbursement or
compensation of any kind from County, and shall not seek any reimbursement for its
expenses, or seek reimbursement or compensation for any other purpose.
No later than sixty (60) days following termination or revocation of this Agreement,
Licensee shall surrender the Licensed Premises and all Improvements (except as otherwise
provided herein) in good condition, ordinary wear and tear excepted. Notwithstanding the
foregoing, if County does not desire some or all of the Improvements to remain on the
Licensed Premises, County will provide written notice to Licensee identifying the
Improvements that Licensee must remove. Licensee shall, within sixty (60) days following
receipt of County’s notice of termination or revocation, and at Licensee’s sole cost and
expense, remove all of the Improvements identified in County’s notice, and surrender the
Licensed Premises to County in good condition and clear of any and all Improvements,
above or below ground level, as identified in the notice from County. Prior to removing the
Improvements, Licensee shall obtain approval for such removal from CCHSD and DTSC or
any other regulatory agency having jurisdiction over the Licensed Premises, since the
removal of the Improvements could adversely impact the remediation of the COC’s as
previously identified.
Page 4 of 11
9. Consideration: As consideration for this Agreement, Licensee hereby agrees to provide
the necessary cleanup and protection of the public from the COCs and to keep the Licensed
Premises and the Improvements in a safe and attractive condition at its sole cost and
expense and as determined by the County, in its sole discretion. Licensee shall also be
responsible for any and all mitigation measures to clean-up the COCs outside of the Trail
and within the Licensed Premises that are required by CCHSD, DTSC and any other
regulatory agency having jurisdiction over the Licensed Premises.
10. No Warranties: County does not represent or warrant that the Licensed Premises is safe
or suitable for the purposes permitted under this Agreement. Licensee shall make its own
determination as to the suitability of the Licensed Premises by use of Licensee, and
Licensee shall be solely responsible for determination of such suitability.
Licensee understands and acknowledges that County makes no representations, warranties
or guarantees of any kind of character, express or implied, with respect to the Licensed
Premises and Licensee is entering into this Agreement without relying on any such
representation or warranty by County.
11. Security: Licensee will devote, at a minimum, the same standards and levels of public
safety patrol and security service to the Licensed Premises as it devotes to its own facilities.
County shall not have any duty to guard or secure the Improvements, Licensed Premises
goods, property, facilities, or equipment, located upon or near the Licensed Premises,
irrespective of the cause of such loss or damage, except to the extent that such loss or
damage was caused by the sole negligence or willful misconduct of the County, its officers,
or employees.
12. Suspension or Limitation of Use: County and its Co-users will have the right to
suspend or limit the use of the Licensed Premises by the Licensee and the general public,
without compensation to Licensee, for a reasonable amount of time as solely determined by
County, for protection of public safety, or for the construction, installation, operation,
maintenance or repair of other facilities on the Licensed Premises. The County or Co-users
will provide Licensee with written notice at least fifteen (15) days prior to the suspension or
limitation of Licensee’s and the public’s use of the Licensed Premises, except in cases of
emergency maintenance or repairs. Co-users will obtain approval from County prior to
issuing any suspension or limitation notice.
The County shall not be held responsible or liable for damage or removal of any
Improvements on the Licensed Premises when the County finds it necessary to accomplish
work for the maintenance, construction, repair, reconstruction, or alteration of the County’s
property. However, the County will exercise reasonable care to minimize adverse impacts of
such work upon the Licensed Premises. Except in cases of emergency, prior to performing
work within the Licensed Premises that could adversely affect the remediation of the COC’s,
County shall obtain approval of the work from CCHSD, DTSC or any other regulatory
agency having jurisdiction over the Licensed Premises.
Page 5 of 11
13. Permits and Approvals: Licensee is responsible for obtaining and paying for any and all
permits or approvals from the County, Co-users, and any agency having jurisdiction over
the Licensed Premises before Licensee begins any work, including but not limited to
encroachment permits. Licensee shall give notice to the County in accordance with Section
25 (Notices), of this Agreement, prior to beginning any work. This Agreement does not
release Licensee from any applicable governmental application, review, or requirement for
existing or future Improvements.
14. Existing Facilities: County has licenses, easements and/or rights with other Co-users,
and may give similar or other rights to other entities in the future, for all or a portion of the
Licensed Premises. Licensee is responsible for identifying the location of all facilities and
improvements in the Licensed Premises and will take all precautions required to avoid
damage to the facilities and improvements. Licensee agrees that it will be solely responsible
for any damage to said facilities and improvements resulting from or in connection with its
operations under this Agreement. Licensee will obtain prior written approval from the
County and Co-users before altering the ground elevation or installing improvements on the
Licensed Premises.
Licensee understands and acknowledges that the absence of markers, monuments, or maps
indicating the presence of subterranean facilities does not constitute a warranty or
representation that no such facilities exist. Licensee is fully aware of the potential presence
of such facilities, and agrees that 48-hours prior to any subsurface work, Licensee will
contact Underground Service Alert at (800) 624-2444 to determine whether there are
any subterranean facilities within the proposed excavation area.
15. Maintenance:
(a) Licensee shall maintain the Licensed Premises and the Improvements in a clean, safe
and presentable condition, free from waste, graffiti, litter, including but not be limited
to, paper, garbage, refuse, trimmings, and other items that detract from the neat and
tidy appearance of the Licensed Premises during the term of this agreement. Except
as otherwise specificed herein, Licensee shall be responsible for repairing and
replacing the Improvements at its sole cost and expense during the term of this
agreement.
(b) As part of its maintenance obligations, Licensee shall perform maintenance of the
Licensed Premises in such a manner as not to disturb or otherwise affect the
remediation of the COC’s as provided in sections 3 and 4 above. In the event that
maintenance activities could disturb or affect the remediation of the COC’s, Licensee
shall obtain approval for the maintenance work from CCHSD and DTSC and any other
regulatory agency having jurisdiction over the Licensed Premises.
(c) Licensee shall abate weeds and clear, thin, or space vegetation in compliance with
local fire district standards and Pacific Gas & Electric Company guidelines. Licensee will
not allow vegetation to extend outside the Licensed Premises. All trees and shrubs
shall be properly maintained as needed to prevent damage or injury to vehicles,
pedestrians and/or the general public. All trimmings from pruning operations shall be
disposed of by the Licensee on the day of pruning.
Page 6 of 11
(d) If County sends a notice to Licensee stating that the Licensee has failed to maintain
the Licensed Premises and Improvements pursuant to this Agreement, Licensee must
take all steps outlined in County’s notice to bring the Licensed Premises and
Improvements into compliance with this Agreement. If Licensee does not undertake
the necessary work, as outlined in County’s notice within thirty (30) days of receipt of
said notice, County may perform the work or arrange for the work to be performed at
Licensee’s sole expense.
(e) At any time during this Agreement, the County may remove Improvements from the
Licensed Premises to make emergency repairs to the IHC. If, during the first five years
following the Effective Date, then County removes any Improvements to make
emergency repairs to the IHC, the County shall replace the removed Improvements at
its sole cost and expense. If, at any time during the remaining term of this
Agreement, the County removes any Improvements to make emergency repairs to the
IHC, Licensee shall replace the Improvements at its sole cost and expense.
16. Indemnification: To the maximum extent permitted by law, and subject to Section 22
below, Licensee will indemnify, defend, save, protect and hold harmless County, its
governing body, officers, employees, representatives, agents, successors and assigns
(“Indemnitees”) from any and all demands, losses, claims, costs, suits, liabilities and
expenses for any damage, injury, or death (collectively “Liability”) arising directly or
indirectly from, or connected with, this Agreement, or Licensee’s or third parties’ use of, or
activities on, the Licensed Premises. Licensee will reimburse County for any expenditures,
including costs and attorneys’ fees, County may make by reason of such matters and, if
requested by County, will defend any such suits at the sole cost and expense of Licen see.
Licensee’s obligations under this section shall exist regardless of concurrent negligence or
willful misconduct on the part of the County or any other person; provided, however, that
Licensee will not be required to indemnify Indemnitees for the proportion of Liability a court
determines is attributable to the sole negligence or sole willful misconduct of the
Indemnitees.
This indemnification clause shall survive the termination, revocation, or expiration of this
Agreement.
17. Waste, Hazardous Materials; Hazardous Materials Indemnity: Licensee, at its sole
cost and expense, shall comply with all applicable laws, regulations, rules, and other
requirements, 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 store or dispose of any Hazardous Materials on the Licensed
Premises. As used in this Agreement, the term “Hazardous Materials” means any hazardous
or toxic substance, hazardous or radioactive material, hazardous waste, pollutant or
contaminant at any concentration that is, or during the term of this 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 other than those
already identified in the Reports.
Page 7 of 11
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, or trash
or refuse accumulations, or vibration that is hazardous or dangerous by reason of risk of
explosion, fire, or harmful emissions other than those already identified in the Reports.
To the maximum extent permitted by law, and subject to Section 22 below, Licensee shall
indemnify, defend, save, protect and hold the Indemnitiees and Co-Users harmless from
and against all Liability, including without limitation, penalties, consequential damages and
losses, and further costs (including but not limited to consulting and engineering fees, the
costs of any required or necessary testing, remediation, repair, removal, cleanup or
detoxification of the Licensed Premises and surrounding properties, and all costs for
preparation of any cleanup, remediation, closure or other required plans whether such
action is required or necessary prior to or following the expiration or termination of this
Agreement), of any kind or nature, to the extent caused or contributed to by Licensee’s use
of the Licensed Premises, or Licensee’s use, release or disposal of any Hazardous Material,
including all costs, claims and damages (including property and personal injury) caused by
the uncovering, release or excavation of Hazardous Materials (including petroleum) as a
result of Licensee’s construction, reconstruction, maintenance, use, replacement or removal
of any of the Improvements except those identified in the Reports. The obligations
contained in this section shall survive the expiration or other termination of this Agreement.
18. Compliance with The Law: Licensee, at its sole cost and expense, shall comply with all
applicable existing and future laws, regulations, rules, and other requirements, with respect
to the use of the Licensed Premises.
19. Mechanic’s and Materialman’s Liens: Licensee shall not permit any mechanic's,
materialman’s, or other lien to be placed against the Licensed Premises, in connection with
any labor, materials, or services furnished or claimed to have been furnished to Licensee
related to any of Licensee’s Improvements. Licensee shall remove or discharge any such
lien that shall be filed against the County related to the Licensed Premises, in a timely
fashion, whether bonded or not, provided, however that either County or Licensee may
contest any such lien, so long as the enforcement thereof is stayed.
20. Insurance: Licensee will obtain and maintain during the entire duration of this
Agreement, the following insurance:
A. General Liability: Comprehensive General Liability insurance including coverage for
owned and non-owned automobiles, with minimum combined single-limit coverage of
THREE MILLION AND NO/100 DOLLARS ($3,000,000.00) for all claims and losses due
to bodily injury or death to any person, or damage to property, including loss of use
thereof arising out of each accident or occurrence.
B. Worker’s Compensation: Worker’s Compensation insurance as required by law.
Page 8 of 11
C. Certificates: Licensee will name the County and its officers, agents, and employees as
additional insureds under all policies held for the Licensed Premises, including at a
minimum the General Liability policy and Workers’ Compensation policy required by
Sections 20(A) (General Liability), and 20(B) (Worker’s Compensation), respectively.
All coverage shall provide for thirty (30) days’ written notice to the County of
cancellation or lapse in coverage. A Certificate of Insurance for each of the policies
hereunder required, indicating the name and telephone number of the insurance
agent most responsible for the insurance policy and evidencing such coverage, shall
be furnished to the County prior to the effective date of this Agreement and annually
thereafter. If Licensee renews or amends existing insurance or acquires new
insurance, Licensee will provide updated certificates to County.
D. Self-Insurance: Licensee has the right and the option to self-insure the foregoing
requirements under this Section 20 (Insurance), upon written notice to County that
Licensee assumes the foregoing obligations in the place and stead of any insurance
carrier, any reference to failure of coverage notwithstanding. In the event that
Licensee elects to self-insure, Licensee shall provide County with a certificate or other
evidence of self-insurance acceptable to the County certifying that adequate funds are
available to meet contractual obligations as provided under this Section 20
(Insurance). County’s acceptance of insurance certificates or proof of self -insurance
shall not limit in any respect Licensee’s indemnification obligations set forth in this
Agreement, or decrease the liability of Licensee in any instance.
21. As-Builts: Within thirty (30) days following completion of construction of any segment of
the Improvements, Licensee shall, at its sole expense, provide County with detailed as -built
drawings showing the actual placement of the Improvements. Except as directed otherwise
in writing by County, the as-built drawings shall comply in all respects with the
encroachment permit and other written approvals previously given for such segment by
County.
22. County’s Use of Herbicides: Licensee hereby acknowledges and understands that the
County may, at any time, use chemical herbicides within the IHC. Licensee agrees to allow
such use, without disruption or challenge, on and around the Licensed Premises. Licensee
hereby waives any claim for liability against the County for any damage resulting from
County’s use of chemical herbicides within the IHC. Notwithstanding Licensee’s waiver
under this Section 22, County will indemnify, defend, and hold harmless Licensee from
claims brought by third parties alleging liability for harm or damage caused by County’s use
of herbicides within the IHC.
23. Assignment and Transfer: Licensee shall not assign or transfer any of Licensee’s rights
under this Agreement. Licensee’s assignment or transfer of Licensee’s rights hereunder
shall be cause for County’s immediate termination of this Agreement.
24. No Third-Party Beneficiaries: Nothing in this Agreement, express or implied, is
intended to confer on any person, other than County and Licensee, and their respective
successors-in-interest, any rights or remedies under or by reason of this Agreement.
Page 9 of 11
25. Notices: All notices (including requests, demands, approvals or other communication)
under this Agreement shall be in writing.
A. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage paid, notice shall be deemed
delivered three (3) business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested, notice is effective
on receipt if delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight
courier, notice shall be deemed delivered one (1) business day after deposit with
that courier.
(4) When personally delivered to the recipient, notice shall be deemed delivered on
the date personally served.
B. The place for delivery of all notices given under this Agreement shall be as follows:
County: Contra Costa County
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attn: Iron Horse Corridor Property Manager
Telephone: (925) 313-2220
Licensee: City of San Ramon
Public Services Department
2226 Camino Ramon
San Ramon, CA 94583
Telephone: (925) 973-2500
Either party may, at any time, designate in writing different addresses to which its
notices shall be sent.
26. Non-Waiver of Breaches: County’s failure to insist upon strict performance of any of the
terms or conditions of this Agreement shall not be considered as a waiver of any
subsequent breach of a term or condition. All waivers of provisions of this Agreement shall
be in writing and executed by County.
27. Non-Discrimination: Licensee shall not discriminate, or allow any discrimination against
or segregation of any person or group of persons on account of race, age, color, sex, creed,
religion, national origin, or ancestry, or any basis protected under the law, in the use,
occupancy, tenure, or enjoyment of the Licensed Premises or the construction or use of the
Improvements.
In the event of breach of the above non-discrimination covenant, County shall have the
right to terminate this Agreement without compensation to Licensee.
Page 10 of 11
28. Entry and Inspection: Licensee agrees that County, its agents and employees, may
enter upon the Licensed Premises at any time to inspect, make any changes or alterations
or repairs which County considers necessary for the protection, improvement or
preservation thereof, or to post any notice provided for by law, or otherwise to protect any
and all rights of County. Nothing herein contained shall be construed to obligate County to
make any changes, alterations or repairs to the Licensed Premises.
29. Modification: This Agreement shall not be modified or amended without the mutual
written consent of both parties.
30. Severability: If any term or provision of this Agreement is held to be invalid, illegal, or
unenforceable in any respect, the validity of the remainder of this Agreement shall not be
affected.
31. Controlling Law: This Agreement shall be construed in accordance with the laws of the
State of California. In the event of any dispute arising under this Agreement, venue shall be
set in Contra Costa County.
32. Entire Agreement: This document contains the entire agreement between the parties
relating to the subject matter hereof, and all prior understandings or agreements, oral or
written, regarding the rights hereby granted are superseded by this Agreement.
33. No Recording: This Agreement shall not be recorded with any Clerk-Recorder’s office.
Page 11 of 11
LICENSE AGREEMENT
BETWEEN
CONTRA COSTA COUNTY
AND
CITY OF SAN RAMON
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
Effective Date.
COUNTY: LICENSEE:
CONTRA COSTA COUNTY CITY OF SAN RAMON
By: By:
Julia R. Bueren, Public Works Director City Manager
Date: Date:
(Date Signed by Licensee)
RECOMMENDED FOR APPROVAL: ATTEST:
By:
Karen Laws City Clerk
Principal Real Property Agent
APPROVED AS TO FORM
Sharon L. Anderson
County Counsel
By: By:
Deputy County Counsel Bob Saxe
Interim City Attorney
CR:mw
G:\transeng\Iron Horse Corridor\Projects\San Ramon Seating Areas\License Agreement\LICENSE AGREEMENT final 7-13-2015.doc