HomeMy WebLinkAboutMINUTES - 06131995 - 1.9 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 13, 1995
SUBJECT: RODEO CREEK TRAIL LICENSE AGREEMENT - RODEO AREA
Project No.: W.O. 5296 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. APPROVE License Agreement with the Contra Costa County Flood Control & Water
Conservation District and AUTHORIZE Board Chair to execute said License on behalf of County.
B. As governing body of the Contra Costa County Flood Control & Water Conservation District,
approve License Agreement with Contra Costa County and AUTHORIZE Board Chair to execute
said License on behalf of District.
Continued on Attachment: X SIGNATURE:� �
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON _ 13) g q� APPROVED AS RECOMMENDED_OTHER
VOTE OF SUPERVISORS
v✓ UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
NW:glo
g:\realprop\temp\BO13.t6 I hereby certify that this Is a true and correct copy of
Orig. Div: Public Works(R/P) an action taken and entered on the minutes of the
Board of Supervi ors on the date shown.
Contact: Nancy Wenninger(313-2227) ,, t.3 � 9 4S
cc: County Administrator ATT ESTED:
P.W.Accounting PHIL B CHELOR,CI&k of the Board
of Supervisors and County Administrator
ey - • " OA .Deputy
II. Financial Impact:
Sources of funding for the construction and maintenance of the trail include Lighting/Landscaping
Assessment District Zone 38, park dedication fees, East Bay Regional Park District Local Grant Program
(AA Bond), and the Trust for Public Land.
III. Reasons for Recommendations and Background:
The above agreement allows the County to construct and operate a recreational trail on a portion
of the Flood Control District's Rodeo Creek channel. This corridor runs through the center of the
town of Rodeo, connecting its older section with newer subdivisions, and has convenient access
from many points along its two-mile length. The proposed trail is the result of a concerted effort
by members of the community to develop an official trail to serve pedestrians and bicyclists for
recreation and commuter activities. The proposed design includes conversion of the District's
existing access road into a paved trail, the planting of indigenous trees and shrubs, and the
construction of site furnishings such as park benches and picnic tables. Trail plans have been
reviewed and approved by Flood Control District staff. The trail and improvements are fully
compatible with the channel's flood control function.
IV. Consequences of Negative Action:
The County will be unable to construct the facility.
License Agreement
RODEO CREEK RECREATIONAL TRAIL
THIS AGREEMENT is made and entered into this day of , 19_,, by and
between the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVA-
TION DISTRICT, a political subdivision of the State of California, hereinafter called "Licensor,"
and CONTRA COSTA COUNTY, a political subdivision of the State of California, hereinafter
called "Licensee."
WITNESSETH:
THAT Licensor, for a good and valuable consideration 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 and bicycles only,
together with the necessary appurtenances thereto, hereinafter referred to as "the Trail."
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 that portion of Rodeo Creek
extending from Investment Street to Mariners Point Court in Rodeo, as shown on the
map attached hereto as Exhibit "A".
As used in this License, "the Trail" shall refer to all recreational facilities installed by
Licensee, which may include, subject to Licensor's approval and inspection as
provided in Section 10, asphalt or concrete paths, shoulder, picnic tables, benches,
signs, drainage facilities, barrier fencing or walls, parking areas, landscaping and
decking.
2. Title of 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.
4. Primary Use of Property:
The Property consists of a corridor which is used for flood control purposes.
Underground utility facilities may already be in place and it is anticipated that, in the
future, additional utility facilities may be constructed or installed on the Property. Any
and all rights granted or implied by this License shall be subordinated to the uses just
mentioned, as well as to all 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
Page 1 of 5
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 fifteen (15) 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 Trail when Licensor finds
it necessary to accomplish work for the maintenance, construction, repair, reconstruc-
tion 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 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.
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 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 Trail or Property.
9. 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
Page 2 of 5
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 w"routine maintenance" refers to work that does not alte
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.
10. Assignment:
No rights of Licensee hereunder shall be transferred or assigned unless to a
successor public agency and unless the written consent of Licensor 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.
11. 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.
12. Restricted Use:
The rights granted hereunder are for pedestrian 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 Trail that such vehicles are prohibited. Licensee's
barricades shall accept Licensor's locks.
13. 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.
Page 3 of 5
14. 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.
15. 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 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
Licensor 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 Licensor 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 Licensor.
Licensee shall pay all amounts due Licensor under this section within ten (10) days
after any such amounts become due.
16. Signs:
Licensee shall install and maintain 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.
17. Trail Improvement Maintenance:
Licensee shall maintain at its expense all Trail improvements, including Trail
pavement, culverts, gates, signs, fences, bollards, and landscaping.
18. 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.
19. 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.
Page 4 of 5
20. Vandalism:
Licensee shall, at its own expense, promptly repair all damage to Trail improvements,
to the Property, and to existing and future utilities, caused or contributed to by users
of the Trail.
21. 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.
22. 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 30
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.
23. 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.
24. 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 Flood Control Contra Costa County
and Water Conservation District
By By
Nair, Board of upervisors Chaif,, Board of Supervisors
ATTEST: ATTEST:
Phil Batchelor Phil Batchelor
Clerk of the Board of Supervisors Clerk of the Board of Supervisors
and County Administrator and County Administrator
By By >J.,U, 0
Approved as to form: Approved as to form:
Vi an Victor J. Westman
ount C nsel Counsel
B B
Deputy
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May 24,1995
Page 5 of 5
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