HomeMy WebLinkAboutMINUTES - 04201993 - 1.9 1,
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: APRIL 20, 1993
SUBJECT: LAS TRAMPAS - MT. DIABLO RECREATIONAL TRAIL LICENSE AGREEMENT
ALAMO/DANVILLE AREA
W.0. 5143 Task: ACO Account: 3540
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE License Agreement with the Contra Costa County Public Facilities Corporation and
East Bay Regional Park District and AUTHORIZE Board Chair to execute said License on behalf
of County.
II. Financial Impact:
None.
III. Reasons for Recommendations and Background:
Agreement grants to the East Bay Regional Park District a license for the construction and
maintenance of a bridge and recreational trail for pedestrians, equestrians, and bicycles to
provide access to Hap Magee Park in the Alamo/Danville area.
IV. Consequences of Negative Action:
The Park District will be unable to construct the facility.
Continued on Attachment: SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APR 2 0 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
V_ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy Jt
an action taken and enteied on the minutes of tre
NW:glO Hoard of Supervw o�fth d wn•
c:BOa2O.t4 ATTESTED: `� ---. .
Orig. Div: Public Works (R/P) PHIL BATCHELOR.Clerk of the Beard
of Supervisors and County Administrator
Contact: Nancy Wenninger (313-2227)
cc: County Administrator By . A"� ,Deputy
P. W. Accounting
License Agreement
LAS TRAMPAS-MT. DIABLO RECREATIONAL TRAIL
THIS AGREEMENT is made and entered into this day of , 19 ,
by and between CONTRA COSTA COUNTY, a political subdivision of the State of
California, (hereinafter called "County" or "Licensor"), the CONTRA COSTA COUNTY
PUBLIC FACILITIES CORPORATION, a nonprofit public benefit corporation, (hereinafter
called "PFC" or "Licensor"), and the EAST BAY REGIONAL PARK DISTRICT, a political
subdivision of the State of California, hereinafter called "Licensee."
WITNESSETH:
THAT Licensor, for a good and valuable consideration but no further fee or charge, and
in further consideration of the faithful performance and observance by Licensee of all of
the terms and conditions herein contained, does hereby grant to Licensee a license for
the construction, reconstruction, maintenance, removal,and use of a path for the passage
of pedestrians, equestrians and bicycles only,together with the necessary appurtenances
thereto, hereinafter referred to as "the Trail." Licensee recognizes that Licensor intends
to use the Trail concurrently as a public trail for access to a public park.
THE LICENSE above mentioned is granted by Licensor and accepted by Licensee upon
the following terms and conditions and Licensee does hereby agree with Licensor as
follows:
1. DEFINITIONS:
As used in this License, "the Property" shall refer to an access easement and a
portion of "Magee Park," located in the Town of Danville and shown on the map
attached hereto as Exhibit "A".
2. IDENTITY OF LICENSOR, TITLE AND RESPECTIVE INTERESTS OF COUNTY
AND PFC:
Pursuant to the Joint Powers Agreement dated May 26, 1987, between County,
PFC, and the Town of Danville, PFC took title to the Magee Property for the
purpose of developing it as a park site. PFC subsequently leased the Magee
Property to the County. The County's lease expires June 30, 1997. This License
is granted subject to the terms and conditions of those agreements. County shall
be Licensor while its lease is in effect. At such time as County's lease terminates,
PFC shall be Licensor.
Licensee hereby acknowledges the title of Licensor in and to the Property 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 Property, nor does
Licensee have nor will it obtain any right or claim to the use of the Property
beyond those specifically granted in this License.
3. TERM:
Unless suspended or partially revoked as hereinafter set forth, this License to
construct, operate and maintain a Trail to be used by the general public shall
terminate twenty-five (25) years from the date hereof. By mutual written consent
of the parties hereto, it may be extended for an additional twenty-five (25) year
term.
Page 1 of 7
4. PRIMARY USE OF PROPERTY:
The Property consists of a corridor which Licensor intends to use as a local trail
entrance to a public park and other purposes. Any and all rights granted or
implied by this License shall be subordinated to other uses of the Property made
or permitted by Licensor.
Licensee acknowledges that the use just described constitutes the primary use of
the Property and that Licensee's use of the Trail pursuant to this License is
secondary and subordinate to said primary uses. Licensee shall not, at any time,
use or permit the public to use the Trail in any manner that will materially interfere
with or impair said primary use of the Property. All rights granted to Licensee
hereunder are subject to all existing and future rights, rights of way, reservations,
franchises, and licenses in the Property, regardless of who holds the same,
including Licensor's right to use the Trail for emergency or maintenance vehicle
access or any other purpose.
5. SUSPENSION OR LIMITATION OF USE:
Licensor and its permittees shall have the right to suspend or to limit the use of the
Trail by Licensee and the general public for a reasonable amount of time for
protection of public safety, or for the construction, installation, operation,
maintenance or repair of other facilities on the Property. Should such suspension
or limitation be necessary, Licensor shall provide Licensee thirty (30) days' prior
notice in writing, except in cases of emergency maintenance or repairs.
Licensor shall not be held responsible or liable for unavoidable damage or removal
of any fences, gates, asphalt or concrete paving, landscaping, or other facilities
which may be placed, installed, repaired, or constructed as part of Licensee's Trail
when Licensor finds it necessary to accomplish work for the mainte-
nance,construction, repair, reconstruction or alteration of Licensor property.
However, Licensor will exercise reasonable care to minimize adverse impacts of
such work upon Licensee's recreational facilities.
6. REVOCATION:
In the event, in the sole discretion of Licensor, the primary uses of the Property by
Licensor or Licensor's permittees reasonably require some permanent use of a
portion or portions of the Property which, by nature thereof, precludes Licensee's
use thereof, Licensor may, upon six-months' prior notice, revoke this License as
to the area Licensor deems necessary reasonably required for such permanent
primary use. Licensor shall supply Licensee with a map or drawing identifying the
area(s) as to which this License is so revoked.
7. MAINTENANCE AND LITTER:
Licensee shall maintain the Property in a clean, safe, and presentable condition,
free from waste, litter, and other items resulting from public access to the Property
and left by parties other than Licensor and its permittees. As used in this section,
the term "litter" shall include, but not be limited to, paper, garbage, refuse, dead
animals,trimmings, and other items that detract from the neat and tidy appearance
of the Property. If Licensee fails so to keep the Property then, after thirty (30)
days' prior written notice specifying the needed work, Licensor may perform or
hire the necessary work at the reasonable expense of Licensee, which expense
Licensee agrees to pay to Licensor upon demand.
Page 2 of 7
Licensee agrees to keep the Trail free from weeds and other vegetation, and to
abate weeds to local fire district standards. Licensor agrees to perform weed
abatement on the remaining portion of the Property according to local fire district
standards.
8. INDEMNIFICATION:
Licensee shall indemnify, save, protect, defend, and hold harmless Contra Costa
County, PFC, and the Town of Danville, their respective boards, officers, and
employees 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, and the presence or public use of the
Regional Trail or Property. The obligations contained in this section shall survive
termination of the County's lease and shall also survive termination of this License.
9. INSURANCE REQUIREMENTS:
Licensee shall take out and maintain during the life of this License all the
insurance required by this section and shall submit certificates for review and
approval by County and PFC. No construction on or use of the Trail shall
commence until such insurance has been approved by County and PFC. The
certificates shall be on forms provided by County and PFC or the insurance
carrier. Acceptance of the certificates shall not relieve Licensee of any of the
insurance requirements, nor decrease the liability of Licensee. County and PFC
reserve the right to require Licensee to provide insurance policies for review by
County and PFC.
(a) Worker's Compensation Insurance. Licensee shall take out and maintain
Worker's Compensation and Employer's Liability Insurance for all of its
employees on the Trail. 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) Public Liability Insurance. Licensee shall take out and maintain Compre-
hensive Automobile and General Liability Insurance that provides protection
from claims which may arise from operations or performance under this
License. Licensee shall require any subcontractor to provide evidence of
the same liability insurance coverages. The amounts of insurance shall be
not less than the following: Single Limit Coverage applying to Bodily and
Personal Injury Liability and property Damage: $1,000,000 per occurrence.
(c) Endorsements. The following endorsements must be indicated on the
certificate:
(1) Contra Costa County, Contra Costa County Public Facilities
Corporation and the Town of Danville ("Town"), their respective
boards, officers and employees are named insureds under the policy
as to the work and operations being performed under this License;
(2) The coverage is primary and no other insurance carried by County,
PFC or Town 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;
Page 3of7
(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 non-owned automobiles;
(10) The coverage shall not be canceled nor materially altered unless
thirty (30) days written notice is given to County, PFC and Town.
(d) Failure of Coverage. Failure, inability, or refusal of Licensee to take out and
maintain during the entire term of this License any and all of the insurance
as aforesaid shall at the option of Licensor constitute a breach of this
License and justify immediate termination of the same.
(e) Self Insurance. Licensee has the right and option to self-insure the require-
ments under this Section 7 upon written notice to County and PFC that
Licensee assumes the 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 to County and
PFC a certificate or other evidence of self-insurance acceptable to County
and PFC.
10. APPROVAL AND INSPECTION OF WORK:
Licensee shall not perform any construction, reconstruction, remodeling, repair,
removal, or other work within the Trail without first obtaining Licensor's approval
in writing of said work. In seeking Licensor's approval, Licensee shall furnish to
Licensor a complete description and sketch of the work proposed to be
performed. In performing work approved by Licensor, Licensee shall comply with
all terms, conditions, and requirements imposed by Licensor and not deviate in
any material manner from the description and sketch approved by Licensor,
without first obtaining additional approval in writing from Licensor.
Licensee shall design, construct and maintain all facilities to provide continuous,
unobstructed vehicle access which is twelve (12) feet wide and fourteen (14) feet
high. Licensor has disclosed to Licensee that the primary use of the Trail area will
include vehicles with weights up to sixteen-ton axle loads. Licensee agrees to
design all pavement and trail surfaces to accommodate such use, and shall
assume all responsibility for the repair and maintenance of any damage that may
be caused by the competent and responsible use of such vehicles.
Licensee shall not be required to obtain Licensor'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 Licensor,
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 Licensor,
which repairs are necessary to protect the safety of the public and others. Except
in the case of emergency or routine maintenance, Licensee shall consult Licensor
at least seven (7) days before any major maintenance operations are performed
by Licensee. Work shall be done in such a manner that Licensor 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 Licensor.
Page 4 of 7
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 and PFC is first
secured. With that exception, this License 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 Trail or any portion thereof, then all rights of Licensee in and to such
portions not used or maintained shall immediately terminate, at Licensor's sole
discretion.
13. RESTRICTED USE:
The rights granted hereunder are for pedestrian, equestrian and bicycle use only
and no type of motor-driven vehicle shall be permitted on the Trail, except those
of Licensee, Licensor, or Licensor's permittees being used for construction,
maintenance, repair, patrol, or public safety purposes. 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 Paths that such vehicles are
prohibited. Licensee's barricades shall accept Licensor's locks.
Licensee acknowledges that such use is subject to the terms of the "Grant of Non-
Exclusive Easement," by Harry H. Magee, Jr., dated August 17, 1978, and
recorded September 7, 1978, in Book 9000 at Page 126.
14. PATROL:
Licensee shall provide such patrol service as is necessary to prevent unauthorized
use of the Trail and to protect the safety of the users of the Trail. Its failure to do
so shall constitute a breach of this License and justify immediate termination of the
same.
Licensee agrees to devote the same standards and levels of public safety patrol
to the Trail as it is able to and does devote to its other recreational facilities.
15. DAMAGE TO PROPERTY:
It is understood and agreed by and between the parties hereto that the Property
is subject to sliding, erosion, subsidence, and flooding, and that Licensor is under
no obligation to maintain the Property or repair any damage resulting from sliding,
erosion, subsidence, or flooding unless in the sole discretion of Licensor such
damage affects the integrity of the flood control facilities. 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 Trail.
16. POLLUTION:
Licensee, at its expense, shall comply with all applicable laws, regulations, rules,
and others, with respect to the use of the Property, 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 Licensor.
No hazardous materials shall be handled by Licensee at any time upon the
Property. Should any discharge, leakage, spillage, emission or pollution of any
Page 5 of 7
type occur upon or from the Property caused by Licensee's employees,
contractors and agents, Licensee, at its expense, shall be obligated to clean all the
property affected thereby, whether owned or controlled by Licensor or any third
person, to the satisfaction of Licensor (insofar as the property owned or controlled
by Licensor is concerned) and any .governmental body having jurisdiction
thereover.
To the extent permitted by law, Licensee shall indemnify, hold harmless, and
defend County and PFC and such holders of user rights against all liability, cost,
and expense (including,without limitation, any fines, penalties,judgments, litigation
costs, and attorneys' fees) incurred by County and/or PFC and such other users
as a result of Licensee's breach of this section or as a result of any such
discharge, leakage, spillage, emission or pollution, regardless of whether such
liability, cost or expense is proximately caused solely by the active negligence of
County or PFC.
Licensee shall pay all amounts due County and PFC under this section within ten
(10) days after any such amounts become due.
17. SIGNS:
Licensee shall maintain existing signs and install appropriate informational and
warning signs. Licensee shall also install signs designating permitted Trail uses
by the general public, regulations governing such uses, and specifically prohibiting
operation of unauthorized motor vehicles.
18. TRAIL IMPROVEMENT MAINTENANCE:
Licensee shall maintain at its expense all Trail improvements, including Trail
pavement, culverts, gates, signs, fences, bollards, and landscaping. Licensee
shall, at its own expense, provide structural and aesthetic maintenance to all
bridges used as part of the Trail. Licensor shall coordinate local trail use
improvements, if any, with Licensee. Upon termination of License, all Trail
improvements shall become the property of Licensor.
19. DRAINAGE:
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.
20. FENCING:
Licensee agrees to maintain, at its expense, all fencing and barricades on the
Property installed by Licensor or Licensee. Licensee shall not be responsible for
the maintenance of residential fencing installed by parties other than Licensor and
Licensee.
21. VANDALISM:
Licensee shall, at its own expense, promptly repair all damage to the Trail, to Trail
improvements, to the Property, and to existing and future utilities, caused or
contributed to by users of the Trail.
22. GRAFFITI:
Licensee shall, at its own expense, promptly clean, repaint, or remove any graffiti
placed by users of the Trail on Trail improvements, the Property, existing and
future utilities and fences, walls, bridges and buildings adjoining the Property.
Page 6 of 7
23. ENCROACHMENT PERMITS:
Licensor shall have the sole right to grant encroachment permits or rights of entry
within the Property. Notification of encroachment permits granted and plans
approved by licensor will be forwarded to Licensee. Licensor shall consult with
Licensee on safety requirements for future utilities and if Licensee has not
responded within 15 working days,then it is presumed Licensee is in concurrence.
Licensee shall obtain permits from all other agencies as required for construction
of the Trail improvements.
24. MODIFICATION:
This License shall be subject to modification or amendment, including the
expansion of the Trail to additional areas, only by the written, mutual consent of
both parties.
25. 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 EAST BAY REGIONAL PARK DISTRICT
PU41FAC�ILI ES CORPORATION
r
By: By:
resident President
Assistant Secretary Secretary
Contra Costa County Appror5las to Form: •
Chair, Board of Supervisors District Counsel
ATTEST: Approved:
Phil Batchelor Town of Danville
Clerk of the Board of Supervisors
and County Administrator By:J' n -
Approved as to Form:
Victor J. Westman
County C sel
epu
NW:glo
c:Magee.112
December 16, 1992
Page 7 of 7
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ASSISTANT SECRETARY'S CERTIFICATE
I, Patricia L. Dreyer, Assistant Secretary of the Contra Costa County
Public Facilities Corporation, hereby certify that the action as set forth in
Resolution No. 93-01 was approved by unanimous written consent of the Board of
Directors without a meeting, and that the Bylaws of this Corporation authorize
the directors to so act.
Patricia L. Dreyer, A sistant Secretary
Contra Costa County Public Facilities Corporation
Date