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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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051722
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5/17/2022 10:41:24 PM
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5/11/2022 11:08:30 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/17/2022
EXPIRATION DATE
5/17/2037
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6. Limitations <br />a. This LICENSE is granted solely for the purpose of authorizing CITY to provide park and <br />recreational uses at the LICENSED AREAS for general public use without <br />discrimination as to place of National origin, Ancestry, Ethnicity, race, color, gender, <br />age, marital status, pregnancy, sexual orientation (real or perceived), medical condition, <br />physical or mental disability, or religion. <br />b. It is understood and agreed by CITY that the primary purpose for which ZONE 7 has <br />acquired and owns the LICENSED AREAS is for flood control and water management <br />and that operations in furtherance of said purpose must take precedence over any and <br />all other uses of the subject LICENSED AREAS. <br />C. ZONE 7 shall have all reasonable and necessary rights of entry to the subject <br />LICENSED AREAS, including the right to alteration or repair and maintenance and <br />operation for flood control and water management purposes. Use of the LICENSED <br />AREAS by CITY or the public in general, shall be at all times subject to the primary use <br />of the aforesaid LICENSED AREAS for flood control and water management purposes. <br />d. CITY shall obtain and comply with all required permits, agreements and/or regulatory <br />approvals relating to the improvement, maintenance, or operation of the LICENSED <br />AREAS for park and recreational purposes including all federal, state, or local <br />government requirements. This requirement includes compliance with CEQA as well as <br />any necessary construction, building or use permits, including any progress inspections <br />that may be required by any regulatory body. <br />e. Prior to installation of any permanent facilities or landscape improvements, CITY shall <br />submit plans and specifications and any related approvals required in 6.d. to ZONE 7 <br />for review. The facility or improvements shall not be installed by CITY without first <br />obtaining written approval from ZONE 7's General Manager. Written approval shall not <br />be unreasonably withheld and said approval shall be given unless ZONE 7, in its sole <br />discretion, determines that such structures, facilities or improvements would interfere <br />with the primary use of said areas for flood control and water management purposes. <br />Zone 7 hereby acknowledges that all permanent facilities and landscape improvements <br />on the Licensed Areas as of , 2022 have been approved by Zone 7 and do <br />not require further approvals under this subsection 6.e. <br />Should ZONE 7, in its sole discretion, reasonably determine that any of CITY's activities <br />or improvements interfere with any ZONE 7 activities or operations, ZONE 7 may <br />require CITY to eliminate said interference, by providing CITY with written notice of <br />ZONE 7's requirement and the reasons, therefore. Within 30 days of its receipt of such <br />notice, CITY shall proceed forthwith to remedy the problem, as directed by ZONE 7. In <br />the event CITY fails to remedy or correct the problem within such thirty -day period, <br />ZONE 7 may take such action as ZONE 7 deems reasonably necessary to remedy such <br />interference, all at CITY's sole expense. <br />g. CITY agrees to abide by any future LICENSED AREAS Rules and Regulations which <br />may be adopted by ZONE 7's Board of Directors after ZONE 7 provides CITY with <br />notice of the same. <br />
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