HomeMy WebLinkAboutMINUTES - 02061996 - C13 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: FEBRUARY 6, 1996
SUBJECT: LICENSE AGREEMENT FOR ACCESS FROM SAN RAMON
CENTRAL PARK TO THE IRON HORSE TRAIL ON THE FORMER
SOUTHERN PACIFIC RIGHT OF WAY IN THE CITY OF SAN RAMON
W.O. 5575
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE License Agreement with the City of San Ramon and AUTHORIZE Board Chair to execute
said License on behalf of the County.
II. Financial Impact:
None.
Continued on Attachment: X SIGNATURE:__J ��� s// �
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON - O �) q 9 (�, APPROVED AS RECOMMENDED OTHER_
VOTfc OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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g:\realprop\temp\BOa30.t2 1 hereby certify that this is a trueandoonecte�pyd
an action taken and entered on the minutes of the
Orig. Div: Public Works(R/P) Board of Superv�ors on the date shown.
Contact: Nancy Wenninger(313-2227) ATTESTED: _- ��- d�� 1 q q
cc: County Administrator PHIL BATCHELOR,Clerkfbf the B jird
P.W.Accounting Ofpervisors and County Administrator
Deputy
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III. Reasons for Recommendations and Background:
The above agreement allows the City of San Ramon to construct, maintain and operate
two bridges and two paths to provide access to the Iron Horse Trail on the former Southern
Pacific Right of Way between Norris Canyon Road and Bollinger Canyon Road. These
facilities will connect San Ramon Central Park, the new San Ramon Middle School, and
the city's Intermodal Transit Facility to the existing pedestrian/bicycle trail located on the
County's property.
IV. Consequences of Negative Action:
The City of San Ramon will be unable to provide safe and convenient links to enhance
public access to the Iron Horse Trail, an important recreation and commuter corridor.
License Agreement
(Not to be Recorded)
IRON HORSE TRAIL ACCESS FROM
SAN RAMON CENTRAL PARK
THIS AGREEMENT is made and entered into this day of ted uary , 19 9�,
by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of
California, hereinafter called "Licensor," and the CITY OF SAN RAMON, a public
corporation organized and existing under the laws 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 two bridges and two paved
paths for the passage of pedestrians and bicycles only, together with the necessary
appurtenances thereto, hereinafter referred to as "Access Points."
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 the former
Southern Pacific Railroad Right of Way located between Bollinger Canyon Road
and Norris Canyon Road in the City of San Ramon.
As used in this License, "Access Points" shall refer to two (2) footbridges providing
access across the wetlands habitat running along the easterly side of the Property,
an asphalt path extending from the Intermodal facility and an asphalt path at
Bollinger Canyon Road, all shown on Exhibit "A," attached hereto and thereby
incorporated in this License.
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:
The term of this License shall commence upon execution of the License by both
parties. The rights granted under this License may be revoked by Licensor at any
time upon 90 days notice to Licensee. The rights granted hereunder may be
immediately revoked by the Licensor upon a breach of any terms of this License.
The installation or construction of any equipment or fixtures by Licensee pursuant
to this License shall not render this revocable license irrevocable, and shall not be
construed to effect a conveyance of any property right to Licensee.
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4. Primary Use of Property:
The Property consists of a corridor, which Licensor is in the process of developing
for transportation, utility, and other purposes. Underground utility facilities are
already in place and it is anticipated that, in the future, a mass transportation
system and additional utility facilities will 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 other uses of the Property
made or permitted by Licensor.
Licensee acknowledges that the uses just described constitute the primary use of
the Property and that Licensee's use of the Access Points 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 Access Points 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 Access Points 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
Access Points 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 Access Points improvements when Licensor finds it necessary to accomplish
work for the maintenance, construction, repair, reconstruction or alteration of
Licensor property. However, Licensor will exercise reasonable care to minimize
adverse impacts of such work upon Access Points improvements.
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 three months' prior notice, revoke this License.
Upon revocation or termination of this License, the Licensor shall have the right to
request Licensee to remove from the Property, at Licensee's sole expense, such
portions of the Access Points improvements as Licensor may demand. In addition,
Licensee shall restore said real property to as near its original condition as
possible. If Licensee fails to remove the Access Points improvements within ninety
(90) days after receipt of written notice from Licensor to do so, said improvements
may be removed by Licensor at the Licensee's expense which expense Licensee
agrees to pay Licensor promptly upon demand.
7. Existing Facilities:
It is understood and agreed that Licensor has leases and/or licenses with others for
all or a portion of the Property. Such arrangements provide an underground
petroleum products pipeline right-of-way and may also include other uses such as
underground natural gas, sewer, water or electrical lines, overhead electric and
communication lines or similar uses. Prior to execution of this License, Licensee
agrees to acquire letters of approval confirming that Licensee's proposed use of the
Property is acceptable to other users.
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Licensee agrees to take all precautions required to avoid damage to the facilities
of others or the Property, and Licensee agrees that no alteration of ground
elevation or the placement of block walls, retaining walls, fencing, trees, paving or
any other improvements or structures shall be made within the license area without
prior written approval of Licensor and such other users, including, but not limited
to Southern Pacific Pipe Lines, Inc., whose address and phone for notice purposes
are:
737 Arnold Drive, Suite A
Martinez, CA 94553
Telephone: (510) 372-6560
8. Maintenance and Litter:
During the term of this License, Licensee shall maintain the Access Points in a
clean, safe and presentable condition, free from waste, litter and other items
incidental to Access Points use 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 Access Points 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.
9. 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 Access Points or Property, under the terms of this License.
10. 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
Licensor. No construction on or use of the Access shall commence until such
insurance has been approved by Licensor. The certificates shall be on forms
provided by Licensor or the insurance carrier. Acceptance of the certificates shall
not relieve Licensee of any of the insurance requirements, nor decrease the liability
of Licensee. Licensor reserves the right to require Licensee to provide insurance
policies for review by Licensor.
(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 Access Points. 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
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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 and the East Bay Regional Park District their
respective boards, officers, agents and employees are additional
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 Licensor
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;
(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 Licensor.
(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 upon written notice to Licensor 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 Licensor a certificate or other
evidence of self-insurance acceptable to Licensor.
11. Approval and Inspection of Work:
Licensee shall not perform any construction, reconstruction, remodeling, repair,
removal, or other work within the Property 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.
Notwithstanding the foregoing, 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.
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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.
12. Assignment:
No rights of Licensee hereunder shall be transferred or assigned 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.
13. Abandonment by Licensee:
If Licensee shall, for a period of at least 120 consecutive days, fail to use or
maintain the Access Points 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.
14. Restricted Use:
The rights granted to Licensee hereunder are for pedestrian and bicycle use only,
except for motor-driven vehicles being used by Licensee for construction,
maintenance or repair. Licensee shall install such barricades as are necessary to
prevent unauthorized access by motor-driven vehicles and shall post signs at
Access Points that such vehicles are prohibited.
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 Access Point facilities.
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
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.
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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.
17. Maintenance of Access Point Improvements:
Licensee shall maintain at its expense all Access Points improvements, including
pavement, bridges, gates, signs, and fences.
18. Drainage:
Licensor agrees to maintain, at its expense, all drainage and cross culverts not part
of the Access. Licensee agrees to maintain, at its expense, drainage facilities
necessary for Access Points.
19. Fencing:
Licensee agrees to maintain, at its expense, all fencing and barricades on the
Property installed by Licensee.
20. Vandalism:
Licensee shall, at its own expense, promptly repair all damage to Access Points
improvements, to the Property and to existing and future utilities, caused or
contributed to by users of the Access Points.
21. Graffiti:
Licensee shall, at its own expense, promptly clean, repaint, or remove any graffiti
placed by users of the Access Points on Access Points improvements, the Property,
existing and future utilities and fences, and walls 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 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 Access Points improvements.
23. Modification:
This License shall be subject to modification or amendment only by the written,
mutual consent of both parties.
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25. Entire Agreement: 13
It is understood that this document contains the entire License 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 Co ty City of San Ramon
By By
_aa� # 4 A
�OVI, 46&d of Supervisors Mayor, City of an Ra
Attest: Attest:
Phil Batchelor
Clerk of the Board of Supervisors City Clerk
and County Administrator
By By `YV l 4 � -e---
Approved as to form: Approved as to form:
Victor J. Westman
County Counsel City Attorney
B� ! By3�
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December 20, 1995
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