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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: OCTOBER 24, 1995
SUBJECT: SECOND AMENDMENT TO MARSH CREEK RECREATIONAL
TRAIL LICENSE AGREEMENT - OAKLEY/BRENTWOOD AREA
Project No.: W.O. 8257 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE Amendment to License Agreement with EBRPD and AUTHORIZE Board Chair to
execute said Amendment on behalf of the Flood Control District.
II. Financial Impact:
None.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON OQr&4AgA., A f) 1995 APPROVED AS RECOMMENDED_OTHER`
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN:
NW:glo
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Orig. Div: Public Works(R/P) I hereby cefft that thIS 19's brae and MW COPY Of
Contact: Nancy Wenninger(313-2227) an action taken and entered on the minutes of the
cc: County Administrator Board of Supervisors on the date shown.
P.W.Accounting ATTESTED: r)CrA•L&_4A , Z `� i
PHIL BATCHELOR,Clerk of thetoard `
of Supervisors and County Administrator
ply 1-A.A..�'Deputy
� '7
III. Reasons for Recommendations and Background:
On November 3, 1992, the Board of Supervisors approved an agreement granting the EBRPD
a license for the construction and maintenance of a recreational trail for pedestrians, equestrians
and bicycles along Marsh Creek, extending from its confluence with Dry Creek To the Delta. This
Amendment will allow the Park District to access the paved service road for maintenance and
patrol purposes. The Amendment also allows the Park District to construct a flood wall to protect
the trail at its undercrossing of AT&SF tracks, and provides for the eventual removal of the
floodwall at the request of the Flood control District upon termination of the License Agreement.
Finally the Park District accepts responsibility for closing electronic gates which restrict access
to the undercrossing during storm events.
V. Consequences of Negative Action:
The Park District will be unable to adequately maintain its facilities and protect trail users in the
area north of East Cypress Road in Oakley.
SECOND AMENDMENT TO LICENSE
MARSH CREEK RECREATIONAL TRAIL
A. Effective Date and Parties: Effective ��1✓
1995, the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT, a political subdivision of the State of
California, hereinafter called "Licensor, " and the EAST BAY
REGIONAL PARK DISTRICT, a California special district,
hereinafter called "Licensee" , mutually agree as follows:
B. Purpose: The parties desire to amend the License they entered
into effective November 3 , 1992 , entitled LICENSE AGREEMENT -
MARSH CREEK RECREATIONAL TRAIL. The original License covers
the use and maintenance of a public trail located on a portion
of Marsh Creek extending from its confluence with Dry Creek to
the Delta. This Amendment allows Licensee to include an paved
service road as part of the Marsh Creek Regional Trail .
C. Amendment to License:
The following is to be added to the end of Section 7
(Maintenance and Litter) :
"Licensee shall have the right to access the paved service
road for maintenance purposes. "
The following is to be added to the end of Section 14
(Patrol) :
"Licensee shall have the right to • access the paved service
road for patrol vehicle purposes. "
Section 19 (Drainage) is deleted in its entirety and replaced
with the following:
"Licensor agrees to maintain, at its expense, all longitudinal
drainage and cross culverts not part of the Trail . Licensee
agrees to maintain, at its expense, drainage facilities
necessary for Trail 's operation.
"Licensee shall be responsible for correcting drainage
problems created by or resulting from the construction of the
trail improvements and modification of existing drainage
facilities in Licensor's right of way as shown on Exhibit 'B'
and 'C' of the License as amended. "
Section 25 (Entire Agreement) and Section 25 (Drainage) are
deleted in their entirety, and Section 25 (Entire Agreement)
now reads as follows:
"It is understood that this document as amended contains the
entire agreement between the parties hereto and all prior
understandings or agreements, oral or written, or whatsoever
nature regarding the rights hereby granted are superseded by
this License and are hereby abrogated and nullified. "
Section 27 (Floodwall) is included as follows:
"Licensee shall construct and maintain a floodwall as a part
of the undercrossing at the Atchison, Topeka and Santa Fe
Railway Company crossing. The floodwall shall be located as
shown on Exhibit "C" attached hereto and made a part hereof.
At the termination of the License, Licensee will remove the
floodwall at Licensor's written request. If Licensee fails to
do so after ninety (90) days' prior written notice, Licensor
may perform or hire the necessary work at the reasonable
expense of Licensee, which expense Licensee agrees .to pay to
Licensor upon demand. "
Section 28 (Gates) is included as follows:
"Licensee shall be responsible for the closing of the
electronic gates to the undercrossing, as shown on Exhibit
"C" , during storm events and other situations requiring the
closure of the gates. "
D. Effect: Except as modified by this Amendment, the License of
November 3 , 1992 and the First Amendment dated May 16, 1995,
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment, in duplicate the day and year first above written.
Contra Costa County Flood East Bay Regional Park District
Control and Water Conservation
District
By 14 By: 6A 0
/C Fha�r B o a ryd of al Manager
Supervisors
Attest:
Phil Batchelor
Clerk of the Board of
Supervisors and County
Administrator
By: --�Ii
Approved as to form: Approved as to form:
Victor J., Westman
County Counsel
B By:
eputyy District counsel
revised August 24 , 1995
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