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TO: BOARD OF SUPERVISORS, AS GOVERNING ?=—,- ���--���' Contra
BOARD OF THE FLOOD CONTROL & WATER `--
CONSERVATION DISTRICT
Costa
FROM: JULIA R. BUEREN, CHIEF ENGINEER
County .
DATE: November 4, 2008
SUBJECT: Execute an amendment to an agreement for easement with the City of Pinole for the Pinole Creek
Demonstration Project, Pinole area. (100% Flood Control Zone 9 Funds) (District II) Project No.
7532-6D8497
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Chair, Board of Supervisors, as governing board of the Flood Control &Water
Conservation District (District), to execute an amendment to an agreement for easement with the City of Pinole,
effective November 4, 2008, to extend the term of the agreement to June 30, 2035, for the Pinole Creek
Demonstration Project, Pinole area.
FISCAL IMPACT:
There is no impact to the County General Fund. This project is funded by Flood Control Zone 9 Funds (100%).
CONTINUED ON ATTACHMENT: ❑x SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR MMENDATIO F BOARD CO EE
APPROVE OTHER
SIGNATURE(S): ���� LL ,�/ n -
ACTION OF BOARD ON 14611 1e,7"Qliy 0-$ e("g<ROVED AS RECOM NDED OT ER
VOT 11
OF SUPERVISORS: IHEREBY CERTIFY THATTHISISATRUEANDCORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT / ��r'� ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Carl J.Roner(313-2213)
CJR:cCtl\Board Orders 2005 Onward\2008 BO\Amendment to Agreement with ATTESTED C�G ri! d
Pinole BO 11-04-08.doc DAVID TWA,CLERK OF THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
cc: Public Works:
R.Mitch Avalon,Deputy Chief Engineer
Greg Conn aughton,Flood Control
Carl Roner,Flood Control BY: DEPUTY,
Graham Wadsworth,City of Pinole TTS
2131 Pear Street
Pinole,CA 94564
SUBJECT: Execute an amendment to an agreement for easement with the City of Pinole for the Pinole
Creek Demonstration Project, Pinole area. (100% Flood Control Zone 9 Funds) (District II)
Project No. 7532-6D8497
DATE: November 4, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
In August 1980, the District and the City executed an Agreement for Easement to grant the City the right to
construct and maintain a linear park on District lands along Pinole Creek from San Pablo Bay to Interstate 80. The
term of the Agreement for Easement is "from July 1, 1980 to June 30, 2000, provided that it will automatically
renew for 20-year increments unless either party gives six (6) months' written notice of intention not to renew."
On June 30,2006,the State of California Resources Agency awarded a$2,650,000 River Parkways(Proposition 50)
Grant to Pinole for the Pinole Creek Greenway Demonstration Project. The River Parkways Grant Agreement
requires the City to"maintain,operate,and use the Project in fulfillment of the purposed funding for a minimum of
twenty-five(25)years." It is proposed that the 1980 Agreement for Easement be modified to change the term of the
easement agreement to match the maintenance period of the Grant Agreement. Attorneys from both the District and
the City have reviewed the attached Amendment.
On November 12,2008, applications are due for the next round of River Parkways and Urban Streams Restoration
(Proposition 84)Grant funding. After authorization from the Pinole City Council is obtained,an application will be
submitted for additional funding for work on the downstream portion of the creek. The execution of the First
Amendment to Agreement of Easement will show progress on the Proposition 50 grant and improve the probability
of the City of Pinole obtaining Proposition 84 grant funding.
CONSEQUENCES OF NEGATIVE ACTION:
If the First Amendment to Agreement of Easement is not approved,the City of Pinole may not be able to obtain the
River Parkways and Urban Streams Restoration (Proposition 84) Grant funding.
FIRST AMENDMENT TO
AGREEMENT_FOR EASEMENT BETWEEN
CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT
AND
CITY OF PINOLE
This First Amendment to Agreement for Easement (this"First Amendment', by
and between the Contra Costa County Flood Control and Water Conservation District, a
political subdivision of the State of California ("District', and the City of Pinole, a
municipal corporation ("City), is entered into as ofiV✓cvo6d+-pt,. Effective
Date').
WHEREAS, on August 26, 1980, District and City entered into an Agreement for
Easement for linear park along Pinole Creek (the"Agreement',
WHEREAS, District and City desire to enter into this First Amendment to extend
the term of the Agreement, as requested by City,
NOW, THEREFORE, for good and valuable consideration.the receipt of which is
acknowledged, District and City hereby agree to amend the Agreement as follows:
A. AMENDMENTS.
1. Section 2(b): Term. Section 2(b) Term of the Agreement is hereby
amended by deleting the date "June 30, 2000" and inserting the date
"June 30, 2035" in its place. _
`"
Pagel of 3
B. EFFECT. Except for the amendment agreed to herein, the Agreement remains in
full force and effect with no other amendments or modifications.
C. APPROVAL. This First Amendment is subject to approval by the Board of
Supervisors of Contra Costa County as ex officio the Board of Supervisors of
District.
D. GOVERNING LAW AND VENUE. This First Amendment will be governed and
construed in accordance with California law. The venue of any litigation
pertaining to this First Amendment will be Contra Costa County, California.
IN WITNESS WHEREOF;the parties have executed this First Amendment
effective as of the date first set forth above.
DISTRICT CITY
BOARD OF SUPERVISORS OF CONTRA CITY OF PINOLE,
COSTA COUNTY AS EX-OFFICIO of the a municipal corporation
Board of Supervisors of the Contra Costa
County Flood Control and Water Conservation
Di
By: By:
Chair/Designee Charles A. Long
City Manager
Page 2 of 3
Recommended for Approval: Attest:
By: By:(, Oc c t�e
U .ervising Real Property Agent City Clerk
Approved as to form: Approved as to form:
Silvano B. Marchesi, Meyers, Nave,
Co un Lnsel City Attorney
i
By: By:
Deputy County Counsel Benjamin T. Reyes, II
OR
G:\FldCtl\Watershed Planning-Engineering\Pinole\Pinole Creek Restoration-Dem Proj\Agreements\First Amendment to 1980
Agreement.doa
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