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Home My WebLink AboutMINUTES - 01141997 - C15 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JANUARY 14, 1997 SUBJECT: LICENSE AGREEMENT FOR NEIGHBORHOOD BEAUTIFICATION, CAMILLE AVENUE AT DANVILLE BOULEVARD -ALAMO AREA Project No.:.!780-3-3540=ACQ 6X5498 7 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. APPROVE License Agreement with Charles E. and Kathryn Carroll and AUTHORIZE Board Chair to execute said License on behalf of the County. B. APPROVE payment for said property rights and AUTHORIZE the Auditor-Controller to issue a . check for$100 payable to Charles E. Carroll and Kathryn Carroll, 100 Daniel Drive, Alamo, CA 94507, to be forwarded to the Real Property Division for delivery. Continued on Attachment: X SIGNATURE: JG' _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 01 - 14 - 1117APPROVED AS RECOMMENDED OTHER VOCE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: t hereby oettq that tMs b a true and coned Dopy an action taken and entered on the mMutee "jfla NW:gpp Board of supe psora on the date shown. ATTESTED; ILL /00 g:\realprop\temp\BOa14.t1 PHh TCHEtOR erkorth hoard Orig. Div: Public Works(R/P) otsupervlsorsand County Ad,mnlstrator Contact: Nancy Wenninger(313-2224) cc: County Administrator By ^' Dem Auditor-Controller(via R/P) P.W.Accounting License Agreement-Alamo Area January 14, 1997 Page Two 11. Financiallmpact: Payment of$100 funded by Lighting and Landscaping District AD1979-3 Zone 36. III. Reasons for Recommendations and Background; The Alamo Beautification Committee has selected the northwesterly corner of the intersection of Danville Boulevard and .Camille Avenue for a neighborhood beautification.project. This site was selected because of its visual prominence on Alamo's busiest thoroughfare. Through the above- referenced License Agreement, the property owners and the County agree on the terms and conditions_under which the.County is allowed to install and maintain plants and a drip irrigation system on the site: IV. Consequences of Negative Action The County will not have the necessary property rights to go forward with the proposed beautification project. LICENSE AGREEMENT NEIGHBORHOOD BEAUTIFICATION CAMILLE AVENUE AT DANVILLE BOULEVARD This Agreement is effective , 1997, by and between CHARLES E. CARROLL and KATHRYN CARROLL, hereinafter called ".LICENSOR," and CONTRA COSTXCOUNTY, a political subdivision of the State-of California, hereinafter called "COUNTY. LICENSOR is the owner of certain real property located at 100 Daniel Drive, Alamo, CA 94507, and highlighted in Exhibit "A" attached hereto (the "Property"). As part of a neighborhood beautification.plan, COUNTY desires to obtain LICENSOR's permission to use the Property and LICENSOR-is willing to grant a license to.use the Property upon the terms and conditions contained herein. Now, therefore, the parties agree as follows: 1. Grant of License and Use of Premises. Subject to the terms and conditions of .this License, LICENSOR hereby grants to COUNTY a nonexclusive license to enter , the Property for the construction,. reconstruction, maintenance, removal and . replacement of landscaping and an appurtenant irrigation system upon said Property, including the removal of existing picket fencing and the'installation of plants and a drip irrigation system to be connected to' LICENSOR's existing irrigation system. Nothing contained herein shall be construed to effect a sale, dedication or other transfer of all or any part of the Property to COUNTY or any other,person. 2. Fee. As consideration for this License, COUNTY agrees to pay LICENSOR a one- time, nonrefundable..fee of.$100, the receipt of which is hereby.acknowledged.. 3. Revocation and Termination. LICENSOR may revoke.this License upon ninety (90) days' prior written notice to COUNTY. COUNTY may terminate its.use of LICENSOR's property at any time upon five (5) days' prior written notice to LICENSOR. Upon termination or revocation of this License, COUNTY, at COUNTY's discretion, shall have the option of leaving the-improvements and landscaping in place or of removing any or all of said improvements and landscap- ing. Following the revocation or termination of this License, COUNTY shall have no further obligation or liability to LICENSOR: 4. Maintenance. COUNTY will maintain the landscaping planted by COUNTY and the portion of the irrigation system installed by COUNTY. )n consideration of the terms and conditions contained herein, LICENSOR agrees.to water the landscaping planted by COUNTY on the PROPERTY, at LICENSOR's sole cost and expense and at no cost to COUNTY., LICENSOR further agrees that, except as otherwise provided herein, COUNTY shall not have any obligation to repair or maintain.any of LICENSOR's.landscaping or irrigation systema Page 1 of 3 5. Damage to Licensor's Property. If LICENSOR's adjacent property or improve- ments (including LICENSOR's irrigation system) are damaged by the sole, active negligence or willful misconduct of COUNTY, COUNTY shall repair the damage at COUNTY's sole cost and expense. LICENSOR hereby acknowledges that, to the extent that COUNTY is liable for damage arising out of its activities under this License, LICENSOR's sole remedy shall be to require COUNTY to repair or replace the damaged or destroyed property improvement. 6. Notices. Notices shall be in writing and shall be sufficiently given for all purposes under this License when delivered as follows: (1) When delivered by first class mail, postage prepaid, 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 the courier. (4) When delivered by telecopy or similar means, notice shall be deemed delivered one (1) business after the day it was transmitted by telecopier or similar means, provided that a transmission report is generated by reflecting the accurate transmission of the notices. (5) When personally delivered 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: LICENSOR: Charles E. and Kathryn Carroll 100 Daniel Drive Alamo, CA 94507 Telephone - (510) 837-3422 COUNTY: Contra Costa County Attn: Real Property Division 255 Glacier Drive Martinez, CA 94553 Telephone - (510)313-2220 or to such other addresses as either party may respectively designate by written notice to the other. 7. Third Partv Beneficiaries. Each party agrees and intends that this License, and the terms hereof, are for the benefit of the LICENSOR and COUNTY only, and not for the benefit of any third party. Page 2.of 3 8. Assignment. No rights of COUNTY hereunder shall be transferred or assigned unless to a successor public agency and unless the written consent of LICENSOR is first secured. 9. Modification.This License shall be subject to modification or amendment only by the written mutual consent of both parties. 10. 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 LICENSOR By Chair, Board of Supervisors Charles E. Carroll ATTEST: /41 l5 9 r Phil Batchelor Kat yna oil Clerk of the Board of Supervisors and County Administrator By Approved as to form: Victor J. Westman Count sel By Deputy NW:gpp g:\real prop\temp\ca rro l l.t 11 November 20, 1996 Page 3 of 3 usCL ru 4 e �4. �; r