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Home My WebLink AboutMINUTES - 05161995 - 1.1 (2) 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: May 5, 1995 SUBJECT: Amendment to Marsh Creek Recreational Trail License Agreement Oakley/Brentwood Area Project No.: W.O. 8257 Task: ACID Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Amendment to License Agreement with East Bay Regional Park District and AUTHORIZE Board Chair to execute said Amendment on behalf of the Flood Control District. 11. Financial Impact: None Continued on Attachment: SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR ' _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON S-14-% APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS �/ UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: NW:sd I hereby certify that this Is a true and correct copy of g:\realprop\tlemp\boC-16.t5 an action taken and entered on the minutes of the Orig. Div: Public Works(R/P) Board of Supervisors on the date shown. Contact: N.Wenninger(313-2227) ATTESTED: 19041, cc: County Administrator PHIL BATCHELOO.Clerk o the Board ~� P.W.Accounting of Supervisors and County Administrator da" By - .Deputy III. Reasons for Recommendations and Background: On November 3, 1992, the Board of Supervisors approved an agreement granting the East Bay Regional Park District 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 construct and maintain two pedestrian bridges and a trail connection to cross Highway 4 in Brentwood. IV. Consequences of Negative Action: The bridges and signalized crossing are necessary for public safety. Currently, pedestrians are forced to negotiate fast moving vehicles in order to cross Highway 4. Failure to approve this Amendment will perpetuate a dangerous situation. AMENDMENT TO LICENSE MARSH CREEK REGIONAL TRAIL A. Effective Date and Parties: Effective , 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 REGIONAL 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 install and maintain two pedestrian bridges and a trail connection to cross Highway 4 in the City of Brentwood. C. Amendment to License: Section 1 (Definitions) is amended to read as follows: "As used in this License, "the Property" shall refer to that portion of Marsh Creek extending from its confluence with Dry Creek to the Delta as shown on the map attached hereto as Exhibit "A" . As used in this License "the Trail" shall refer to a 20-foot- wide corridor located on the most easterly bench of the Property, described in Exhibit "A" attached and the most westerly bench of the Property and the sidewalk parallel to Highway 4 as shown on the map attached hereto as Exhibit "B" , which may include, subject to Licensor's approval and inspection as provided in Section 10, an asphalt or concrete path, shoulder, equestrian trail , bridges, signs, drainage facilities, barrier fencing or walls, and landscaping. Licensee shall have the right to access the unpaved service road, described in Exhibit "B" attached, for maintenance and patrol vehicle purposes. " ll Second paragraph of Section to (Approval and Inspection of ' J, Work) is amended to read as follows: "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 is aware of the type of loading to be used on the Trail area 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. Licensor has no objections to the use of pavement sections supporting lesser loads. Licensor's vehicles shall not use the bridges installed by Licensee. " Section 25 (Drainage) is included as follows: "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" . 11 Amendment to License Marsh Creek Regional Trail Page 2 section 26 (Bridges) is included as follows: "Licensee shall construct and maintain two bridges for the passage of pedestrian, equestrians and bicycles only, together with the necessary appurtenances. The bridges shall be located as shown on Exhibit "B" attached hereto and made a part hereof. Licensee agrees to maintain the bridges in a clean, safe and presentable condition consistent with the manner in which Licensee will maintain the Trail. Licensee shall indemnify, save, protect, defend, and hold harmless Licensor, its 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 bridges. At the termination of the License, Licensee will remove the bridges at Licensor's written request. If Licensee fails to do so after one hundred and eighty (180) 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. " D. Effect: Except as modified by this Amendment, the License of November 3 , 1992 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 i By: By: Cha iz B o a r of ral Manager Supervisors Attest: Phil Batchelor Clerk of the Board of Supervisors and County Administrator By: Approved as to form: Approved as to form: Victor J. Westman County Counsel J By By: Q--9462 y District Counsel revised May 2 , 1995 i. 1j tt 41 h ig AVS 'ter SCp �7rtr �� OF OATSPARK O STRlGT SAS, BAY RE41t?�`{p`