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HomeMy WebLinkAboutSCVWD - Joint Use Agreement for Sports Park Levee Trail Uvas Carnadero Creek ENACTED COPY . ~atrad A..... thdt AGMT. #f.!~q~s FOe. S6l~ File: City of Gilroy Sports Park Levee Trail Uvas Carnadero Creek X-File: JOINT USE AGREEMENT SANT A CLARA V ALLEY WATER DISTRICT, a public entity, hereinafter referred to as "District;" and the City of Gilroy, hereinafter referred to as "City;" AGREE this I/,; +h.. day of YV"-fJ...1.1\ 'l.O 0 .S- , as follows: , RECITALS: A. District is the owner of certain real property (hereinafter "the Premises"), described on "Exhibit A" hereto, so marked and by this reference made a part hereof. B. City and District recognize that the Premises are regulated by a variety of federal, state, and local agencies. C. City and District, in cooperation with the California Department of Water Resources, the U.S. Army Corps of Engineers, and the California Department of Fish and Game, agree to use the Premises for nonvehicular (except for maintenance, emergency, and enforcement vehicles) and recreational purposes and for flood control and water conservation purposes. D. City has ascertained that adequate funds have been appropriated to construct and operate its proposed facilities on the Premises and that adequate funds have been appropriated to meet all of its obligations contained in this agreement. E. The parties find it to be in the public interest to provide for joint use of the Premises by means of an Agreement thereof under the following terms and conditions: AGREEMENT: 1. District shall and does hereby grant permission to City to use the Premises for the following purpose or purposes and subject to the following special restrictions: . Bicycle and pedestrian trail, including appurtenances such as signs, split-rail fencing, retaining wall, and swing metal gates approved by the District and evidenced by issuance of a District permit, along the Uvas Carnadero Creek and levee for non-motorized public access. . Public access to the Premises shall be passive in nature. Picnic facilities, barbecues, fires, swimming, boating, rafting, dogs or other domestic animals (except on leash), and equestrian uses are not permitted hereunder and such uses shall be effectively controlled by City. 2. City shall provide and maintain recycling and garbage receptacles for public use, and provide for adequate waste removal service. City shall also provide graffiti removal in compliance with City's graffiti abatement program, including graffiti removal from signs installed in conjunction with and/or G:\COMDEV\ENG\BILLH\Sport Park Design Phase I & II\SCVWD Final LeveeTrail JOINT USE AGREEMENT-FINAL 5-6-05.doc 1 of 5 accessory to the establishment of a public park and pathway consistent with its implementation of the same program at comparable City facilities. 3. The public pathway and corridor, the subject of this Agreement, may be patrolled by City operation and maintenance personnel and City Police and/or volunteers supervised by City. District shall have no obligation whatsoever to provide or pay for such services. 4. City must remove and if it so chooses, replace recreational improvements installed by the City in the event District is required to improve, maintain or repair Uvas Carnadero Creek and levee in any manner for District purposes. District shall inform City in preconstruction planning, as described in Paragraph 7, in the event a District flood control project is needed, to minimize District's project impact on City's improvements to the Premises. 5. Damage occurring to City's structures or paving by reason of District's maintenance or other activity or by reason of natural forces will not be the responsibility of the District to repair or restore, all such costs for such repair or restoration are to be borne by City. 6. City and District recognize the unique nature of the resources and recreational uses covered by this agreement and the beneficial effects to both parties of providing these resources to the public. City and District resolve to utilize their respective offices to mutually support the efforts of each other to deliver such services to the public. City and District further agree to cooperate in order to resolve disputes and assist each other in responding to public inquiries arising from the activities of either party. 7. City and District staff shall meet whenever necessary for the purpose of scheduling routine maintenance, including, but not limited to: X Maintenance issues related to improvements; X Method and timing of issues related to affected wildlife; X Nonemergency work requiring the use of heavy equipment, barricading, and/or restricting access to the Premises. District and City further agree to notify one another's designated representative as required prior to commencement of such work, in order to minimize public impacts. X In an emergency situation, District shall have rights provided III Paragraph 14 without consulting City. 8. City will encourage volunteer groups to participate in District's "Adopt-A-Creek" program. 9. Native plants selected by a licensed landscape architect with native habitat experience should be used for revegetation purposes. 10. Construction work during spring nesting season will be avoided whenever possible. The parties acknowledge that the spring nesting season occurs between February 1 and July 1. If construction must be done during the nesting season, a survey by a qualified biologist will be undertaken to determine the presence of nesting. If no nesting activity is reported, then the work may proceed. If nesting activity is reported, the biologist is expected to recommend the implementation of adequate mitigation measures. Environmental impact shall be considered prior to all work. Any and all work related to this clause shall be completed in accordance with applicable federal, state, and local environmental health and safely regulations including the federal Migratory Bird Act of 1918 and any amendments thereto. G:\COMDEV\ENG\BILLH\Sport Park Design Phase I & II\SCVWD Final LeveeTrail JOINT USE AGREEMENT-FINAL 5-6-05.doc 2 of 5 11. The parties shall cooperate to create and install signage which benefits the programs of each party such as warnings, entrance signage, interpretive signs and benches, and joint uses when applicable. The Chief Executive Officer of the District and the City Administrator of the City or their designees shall meet and confer on a periodic basis to plan and install appropriate signage which serves the needs of both parties. All signs excepting existing ones or publications that identify the facility (e.g. park, trail) by name should include the District's logo in equal size and symmetric relationship to any other logos. All signs or publications that are intended to interpret the water resources should be developed in cooperation with the District's Public Information Office and should also include the District's logo in equal size and symmetric relationship to any other logos. Maintenance responsibility for signage and benches shall be the responsibility of either the District or the City, according to which entity has installed the improvements. 12. This Agreement shall be for a period of 15 (fifteen) years beginning on the date it is approved by the District Board of Directors. City may, upon written notice to District of intent to do so, given not less than ninety (90) days prior to the termination date, renew this Agreement for a like period upon the same terms and conditions. This Agreement may be terminated by either party upon ninety (90) days prior written notice to the other. Notice of intent to renew or to terminate may be given by the City's City Administrator for the City. Notice of intent to terminate may be given by the District's Chief Executive Officer for the District. It is understood and agreed that at District's sole discretion, this agreement may be superseded and incorporated into any future joint use agreement or lease arrangement along the Uvas Carnadero Creek and levee. 13. City shall have the full control and authority, for purposes of this Agreement, over the use of the Premises, and City may restrict, or control, regulate and supervise the public use thereof. City may, in its discretion but consistent with the right of District hereinafter described, and without diminution of the flood control or conservation function or hazard thereto of the Premises as now existing or as may hereafter be altered, take any measures of every kind as may in the opinion of City be necessary for the safety of the users of the Premises for any lease purpose. Further, City shall have the sole responsibility for the maintenance in usable and safe condition of every facility provided upon the Premises for purposes of this Agreement. 14. District shall have the sole responsibility to maintain Uvas Carnadero Creek and levee for flood control and water conservation purposes, to repair and reconstruct the same where necessary for such purposes and to perform such periodic maintenance as may be appropriate to such purposes, including removal of silt, debris, and obstructive growth. It is expressly understood that District is engaged in flood control and the conservation of water and that the terms and conditions of this Agreement shall not in any way interfere with the absolute, free and unrestricted right of District to operate and maintain for flood control and water conservation purposes the stream bed and banks or any appurtenant works thereto, or to repair or construct any of its works, or to raise or lower the height of the water present upon the Premises; and it is further understood that nothing herein contained shall be construed as conferring a right upon City to have or a duty upon District to provide water upon the Premises at any time. City shall bear the cost and expense of any security, police or other expenditure necessary to temporarily prohibit or control public access to the Premises that the District would not ordinarily incur to complete the activities described in this clause. Damage to District's or City's facilities arising from use of the Premises under this Agreement shall be the responsibility of City. 15. It is also expressly understood by City that the level of water upon the Premises may fluctuate from day to day due to controlled or uncontrolled flows upon and across the same, and that such fluctuations may require greater control over the use of the Premises by City and the public; G:\COMDEV\ENG\BILLH\Sport Park Design Phase I & II\SCVWD Final LeveeTrail JOINT USE AGREEMENT-FINAL 5-6-05.doc 3 of 5 provided, however, that City shall be responsible for informing itself thereof and of all other conditions of the Premises whether open or covered which may in anywise affect the health and safety of the users of the Premises hereunder. 16. (a). City shall have the right to build any improvements on the Premises necessary, or convenient to the enjoyment of this Agreement, provided the location of any such improvement is, in each case during the term of this Agreement, first approved by District and signified by issuance of a District permit. It is fully understood and agreed that District's basis of approval or disapproval of improvements is its responsibility to insure that the same shall not constitute an obstruction to flood flows and shall not interfere with the use of the Premises for flood control or water conservation purposes, and does not in anywise extend to consideration of the health and safety of users of the Premises, which latter consideration is the responsibility of City. (b). Improvements built by City on the Premises shall remain the property of City and upon the termination of this Agreement shall be removed by City, leaving the Premises in a condition as near as reasonably possible to their condition prior to such improvements. If District, in the interest of health and safety and in the exercise of lawful powers, requires that such an improvement must be removed or relocated, the same shall be done at City's expense upon reasonable notice from District. 17. (a). City shall assume the defense of, indemnify and hold harmless, District, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature, or description directly or indirectly arising during the initial term of this Agreement, or any renewal thereof, and resulting from the public use of the Premises pursuant hereto or from public use of adjacent Premises of District occurring in consequence of City's or the public's use of the Premises or from acts, omissions, or activities of City's officers, agents, employees, or independent contractors employed by City, excepting claims, liability, loss, damage, or injury which arise from the willful or negligent acts, omissions, or activities of an officer, agent, or employee of District. This Agreement to defend, indemnify, and hold harmless the District shall operate irrespective of the basis of the claim, liability, loss, damage, or injury and irrespective of whether the act, omission, or activity is a condition of premises or any other cause of any kind or nature. (b). District shall assume the defense of, indemnify, and hold harmless, City, its officers, agents, and employees from all claims, liability, loss, damage, and injury of any kind, nature or description directly or indirectly arising from District's exercise of its flood control or water conservation purposes on the Premises pursuant hereto or from acts, omissions, or activities of District's officers, agents, employees, or independent contractors employed by District excepting claims, liability, loss, damage, or injury which arises from the willful or negligent acts, omissions or activities of an officer, agent, or employee of City. This agreement to defend, indemnify, and hold harmless shall operate irrespective of the basis of the claim, liability, loss, damage, or injury, and irrespective of whether the act, omission, or activity is a condition of premises or any other cause of any kind or nature. 18. Any and all notices required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either party in writing: G:\COMDEV\ENG\BILLH\Sport Park Design Phase I & II\SCVWD Final LeveeTrail JOINT USE AGREEMENT-FINAL 5-6-05.doc 4 of 5 City District City of Gilroy 7551 Rosanna Street Gilroy, California 95020 Attention: City Administrator Santa Clara Valley Water District 5750 Almaden Expressway San Jose, California 95118 Attention: Clerk of the Board 19. This agreement, and all the terms, covenants, and conditions hereof, shall apply to and bind the successors and assigns of the respective parties hereto; provided, that City shall neither assign nor sublet this Agreement without prior written consent of District. 20. There are existing agreements in place between the City, District, and the United States Army Corps of Engineers for operation, maintenance, and use of the Uvas Carnadero Creek levee project area. This agreement is supplemental and subordinate to those existing agreements made between the City, District, and the United States Army Corps of Engineers as part of the Uvas Carnadero Creek levee project. WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. "City" "District" CITY OF SANT A CLARA VALLEY WATER DISTRICT, a public entity . ..... By:47(~ y? <; J Chair/Board of Directors ATTEST: APPROVED AS TO FORM: APP ~~ City Attorney G:\COMDEV\ENG\BILLH\Sport Park Design Phase I & II\SCVWD Final LeveeTrail JOINT USE AGREEMENT-FINAL 5-6-05.doc 5 of 5 \ \ .. ~7" i JI IA~/I. I ,~AL ;~. @I ~~~I , . H' GllRO SPORTSPARK GSP-JNT USE 08 3101 14:17 Alvin F X-JNTUSE ~J~t~~tj ~-)jJUb ~'-I-(\\: '" ~~. --~.- ..- =~-_.-~~. I Iil ffi ~ ill~ U g1:l ;!i JOB NO. U1-031J.10 SHEET EX-1 SPORTS PARK SITE IMPROVEfvENTS PHASE I I\N) I ~'_.............._- e..."-.CorllIDml.lllIl1'_ T.,40821'~ F-=_2e701t15 1I!t........,_~.__ thAhe:ll~I!::nrnlln CITY OF GILROY EXHIBIT MAP JOINT USE AGREEMENT Hanla & Auoc:lIl.. !ili1~'ll'~- ___............._ _tt,._ 8 s~ () ~ orz II .., tz:I ~~ o \B 42 :::0 -8 ;J> '1j ::r:: n (f) -0 0 0 ;J> r M - ....- o o ~ '--'---- ~ ~ ~; ~ en IT1 -c I ~ (' ~ l_c:='=c OArr. "'''PROvrO B' QAI'f 08 J1 SCAlf H l"~ , ....LVlN ____ 5iViy;j.jfrU\~'