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THE CITY OF 9 CITY COUNCIL AGENDA REPORT pL£ASANTON° July 16, 2013 Community Development Engineering Division TITLE: APPROVE THE FIRST AMENDMENT TO THE LICENSE AGREEMENT WITH ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, DATED AUGUST 27, 2008, REGARDING THE INCLUSION OF A PUBLIC TRAIL; AND APPROVE A LICENSE AGREEMENT FOR ZONE 7 TO MAINTAIN STORM WATER INLET WITHIN MOHR AVENUE STREET RIGHT OF WAY SUMMARY On August 27, 2008, the City and Zone 7 entered into a License Agreement in which Zone 7 agreed to allow the City to construct and maintain a trail and park-like atmosphere on property owned by Zone 7 adjacent to Martin Avenue. By approving a First amendment to this License Agreement, the City will be able to add trail area east of Mohr Avenue and north of the Village at Ironwood and the Ironwood Active Adult Community (as shown on Attachment 1). As part of the Village at Ironwood project, Ponderosa Homes installed a storm drain system which collects and conveys storm water from Zone 7's property adjacent to Lake 1 to the public storm drain system in Mohr Avenue. Zone 7 has requested a License Agreement over a City right of way which will allow Zone 7 to operate and maintain the installed storm drain system. CITY COUNCIL PRIOR ACTION On March 3, 2009, the City Council approved a residential development with 110 single- family homes known as the "Ironwood Active Adult Community". As a condition of approval, the City Council required Ponderosa Homes, the project developer, to construct a public trail north of the development on property located along the southern boundary of Lake I and abandoned Mohr Avenue. RECOMMENDATION 1. Authorize the City Manager to execute the First Amendment to License Agreement with Zone 7 to include the above mentioned public trail area as shown on the exhibit attached to the proposed First Amendment. 2. Authorize the City Manager to execute a License Agreement to allow Zone 7 to operate and maintain a storm drain system within City right of way. FINANCIAL STATEMENT There will be a minor increase in the operating budget in order to maintain the trail.