HomeMy WebLinkAboutSCE - Southern California Edison - 1996-10-07 (5) CITY OF HUNT'INGTON BEACH
`�`I J 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
October 21, 1996
A.J. Aparicio, Real Properties Agent
Southern California Edison Company
Real Properties Agent and Administrative Services
Land Services Division
14803 Chestnut Street
Westminter, California 92683-5240
Dear Mr. Aparicio:
Re; License Agreement - Southern California Edison Company
PR File No. P 775004-1-33
Enclosed is a duly executed copy of the License Agreement with the City of Huntington
Beach to allow the city to construct improvements within the Edison right-of-way for the
period January 1, 1996 through December 31, 2006.
Please refer to city agreement number 600.10 Southern California License Agreement
(City Clerk's Vault) when addressing correspondence to the city.
Sincerely,
Connie Brockway, CMC
City Clerk
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a,cchmcmo-96-085
(Telephone: 714-536.5227)
Council/Agency Meeting Held: .
Def red/Continued to- L
.proved ZI Conditionally Approved ❑ Denied City Clerk's Si ature
Council Meeting Date: 10/7/96 Department ID Number: PW 96-062
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: ' ES M. JONES I1, Director of Public Works X �,
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SUBJECT: Beach Blvd./1405 Relandscaping-, CC-828
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SCE License Agreement r
Statement of Issue,Funding Source,Recommended Action,Alternative Action1s),Analysis,Environmental S atus Attachment{sy
Statement of Issue:
On May 6,1996, the City Council authorized a call for bids on the Beach Boulevard11405
Relandscaping project which is eligible for participation in the Transportation Enhancement
Activities (TEA) Program.
Funding Source:
The California Transportation Commission has approved Federal Transportation
Enhancement Activities (TEA) funds totaling $295,000. This program requires a local
contribution. The local funds will be made available from the Huntington Center
Redevelopment Agency Capital Projects Fund and the Auto Dealers Association.
Recommended Action:
Approve the license agreement between the City of Huntington Beach and Southern
California Edison Company. Authorize the Mayor and City Clerk to sign the agreement, and
direct the City Clerk to record the agreement.
Alternative Actions :
Deny the approval of this agreement and forego the construction of this project.
C=-—
R QUEST FOR COUNCIL ACTT
MEETING DATE: 1017196 DEPARTMENT ID NUMBER: PW 96-062
Analysis:
The construction of the Beach Boulevard11405 Relandscaping project is contained in the
southwest quadrant of the intersection. However, since there is a Southern California
Edison easement that divides the project; a license agreement with Edison must be
executed. The approval of the license agreement will allow the City to construct the
improvements within the Edison Right Of Way. The agreement will be for a period of ten
years commencing on the first day of January, 1997, and ending the last day of December.
2006.
Environmental Status:
The City has reviewed this project and determined it to be Categorically Exempt pursuant to
the California Environmental Quality Act, Section 15301(c).
Attachments):
City Clerk's
Page Number
1. License Agreement
2. Location Map
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C17Y OF HUNTINGIO ]BEACH
RP File No. P77SO04-1-33
L I CENSE AGREEM ENT
INDEX
1. USE
2. TERM
3. CONSIDERATION
4. LIABILITY INSURANCE
5 LICENSOR'S USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS
9. ACCESS AND CLEARANCES
10. PARKING
11. FLAMMABLES. WASTE AND NUISANCES
12. PESTICIDES AND HERBICIDES
13. HAZARDOUS WASTE
14. SIGNS
15. FENCING
16. PARKWAYS AND LANDSCAPING
17. IRRIGATION EQUIPMENT
18. UNDERGROUND TANKS
19. UNDERGROUND FACILITIES
20. UTILITIES
21. TAXES, ASSESSMENTS AND LIENS
22. ,_EXPENSE
23. ASSIGNMENTS
24. COMPLIANCE WITH LAW
25. GOVERNING LAW
26. INDEMNIFICATION
27. TERMINATION
28. EVENTS OF DEFAULT
29. REMEDIES
30. NON-POSSESSORY INTEREST
31. WAIVER
32. AUTHORITY
33. ATTORNEY FEES
34. ELECTRIC AND MAGNETIC FIELDS
35. NOTICES
36. RECORDING
37. COMPLETE AGREEMENT
;. . •
RP File No. P77S009-1-33
LICENSE AGREEMENT O L"W-
THIS AGREEMENT, made as of the day of 19 ,
between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized hnder the laws of the
State of California, hereinafter called "Licensor", and CITY OF HUNTINGTON BEACH hereinafter
called "Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the
terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does
hereby give to Licensee the license to use that certain real property described below and depicted on
Exhibit "A" attached hereto and made a part hereof the ("Property") solely for the purpose hereinafter
specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth.
The subject Property is located in the City of Huntington Beach. County of Orange. State of
California.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements.
whether or not of record.
1. U_=: Licensee will use the Property for landscape & beautification purposes only.
Licensor makes no representation, covenant, warranty or promise that the Property is fit for any
particular use, including the use for which this Agreement is made and Licensee is not relying on any
such representation, covenant, warranty or promise. Licensee's failure to make such use of the
Property as determined by the Licensor in its sole discretion, will be grounds for immediate
termination of this Agreement in accordance with Article 2$,
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in
effect for a tern of ten (10) years commencing on the first day of January, 1997 and ending on the last
day of December, 2006. Licensee acknowledges that this Agreement does not entitle Licensee to any
subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the
Property, the improvements Licensee places on or makes to the Property, or for any other reason.
3. Consideration: "No monetary consideration - Gratis."
4. Liability Insurance: Licensee will insure its liabilities which may result from its
activities hereunder by the purchase of a liability insurance policy with a Combined Single Limit of
not less than Three Hundred Thousand and 00/100 Dollars ($300,000.00) and will include Licensor as
an additional insured or Licensee will provide Licensor with evidence of self insurance upon request.
5, Licensor's Use of the Property: Licensee agrees that Licensor, its successors and
assigns, have the right to enter upon the Property, at any time, for any purpose, and the right to
conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns,
will not result in compensation to Licensee for any damages whatsoever to personal property and/or
crops located on the Property.
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6. v : Licensee must submit, for Licensor's prior written approval,
complete improvement plans, including grading plans, identifying all existing and proposed
improvements, prior to making any use of the Property. Licensee must submit, for Licensor's prior
written approval plans for any modifications to such improvements. Written approval may be
modified and/or rescinded by Licensor for any reason whatsoever. At any time, Licensee may be
required to modify and/or remove any or all such previously approved improvements at Licensee's
risk and expense and without any compensation from Licensor, Licensor is not required, at any time,
to make any improvements, alterations, changes or additions of any nature whatsoever to the
Property. Licensee expressly acknowledges that any expenditures or improvements will in no way
alter Licensor's right to terminate in accordance with Article 27.
7. : All approved equipment and other property brought.
placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as
otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to
remove the same from the Property at any time prior to thirty (30) days after the expiration or earlier
termination of this Agreement; provided, however, that Licensee shall promptly restore any damage
to the Property caused by the removal. If Licensee is in default, however, such equipment or other
property shall not be removed by Licensee without Licensor's written consent until Licensee has cured
such default, and Licensor shall have a lien thereon to the extent thereof.
8. Height itations: Any equipment used by Licensee or its agents, employees or
contractors, on and/or adjacent to the Property, will be used and operated so as to maintain a
minimum clearance of seventeen (17) feet from all overhead electrical conductors.
All trees and plants on the Property will be maintained by Licensee at a maximum height
of fifteen (15) feet. If requested by Licensor, Licensee will remove any tree and/or other planting.
9. =ess and Cleaxances: Licensee will provide Licensor with adequate access to all of
Licensor's facilities on the Property and at no time will there be any interference with the free
movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to
provide and maintain access roads within the Property, at a minimum of sixteen (16) feet in width,
together with commercial driveway aprons and curb depressions capable of supporting a gross load of
forty (40) tons on a three-axle vehicle. Unless otherwise specified in writing by Licensor, Licensee will
make no use of the area directly underneath Licensor's towers and will maintain the following
minimum clearances at all times:
a. A 25-foot-radius around all tower legs.
b. A 10-foot-radius around all steel and wood poles.
10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically
approved in writing by Licensor.
11. 1 Waste and Nuisances: Licensee will not, nor allow others to, place or
store any flammable or waste materials on the Property or commit any waste or damage to the
Property or allow any to be done. Licensee will keep the Property clean, free from weeds, rubbish and
debris, and in a condition satisfactory to Licensor. Licensee will be responsible for the control of and
will be liable for any damage or disturbance, caused by dust, odor, flammable or waste materials,
noise or other nuisance disturbances. Licensee will not permit dogs on the Property.
12. Pesticides gild 11grbiriftl: Any pesticide or herbicide applications and disposals will
be made in accordance with all federal, state, county and local laws. Licensee will dispose of all
pesticides, herbicides and any other toxic substances declared to be either a health or environmental
hazard as well as all materials contaminated by such substances, including but not limited to,
containers, clothing and equipment in the manner prescribed by law.
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13. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in,
any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to
hazardous, toxic or infectious materials and/or waste. Licensee will indemnify and hold Licensor, its
directors, officers, agents and employees, and its successors and assigns, harmless from any and all
claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of,spills
of, and/or contamination by or from hazardous materials as defined by applicable laws or
regulations, which may occur during and after the Agreement term, and are attributable to the actions
of, or failure to act by. Licensee or any person claiming under Licensee.
14. 51": Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of outdoor advertising.
15. FencinLl: Licensee may install fencing on the Property with prior written approval
from Licensor. Such fencing will include double drive gates, a minimum of sixteen (16) feet in width,
designed to accommodate Licensor's locks, in locations specified by Licensor. Licensee will ground
and maintain all fencing.
16. Parkways_and_Landscaping: Licensee will keep parkway and sidewalk areas adjacent
to the Property free of weeds and trash. Licensee will maintain parkways and provide landscaping
that is compatible with adjoining properties and that is satisfactory to Licensor.
17. Irrigation EguiFment: Any irrigation equipment located on the Property prior to the
commencement of this Agreement, including but not limited to pipelines, well pumping equipment
and other structures, is the property of Licensor and will remain on and be surrendered with the
Property upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if
necessary, all irrigation equipment at its own expense.
18. Underground Tanks: Licensee will not install underground or above-ground storage
tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written
approval.
19. Underground Facilities: Any underground facilities installed or maintained by
Licensee on the Property must have a minimum cover of three feet from the top of the facility and be
capable of withstanding a gross load of forty (40) tons on a three-axle vehicle. Licensee will compact
any earth to a compaction of ninety percent (900A). Licensee will relocate its facilities at its own
expense so as not to interfere with Licensor's proposed facilities.
20. Utilities: Licensee will pay all charges and assessments for, or in connection with,
water, electric current or other utilities which may be furnished to or used on the Property.
21. Taxes. A55esra1T.CnW and LieD§: Licensee will pay all taxes and assessments which may
be levied upon any crops, personal property, and improvements, including but not limited to,
buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens,
including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by
Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes,
assessments or liens when due, Licensor will have the right to pay the same and charge the amount to
the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late
fee' on all amounts outstanding up to the maximum rate allowed by law.
22. Expense: Licensee will perform and pay all obligations of Licensee under this
Agreement. All matters or things herein required on the part of Licensee will be performed and paid
for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make
payment or incur cost or expense for any such matters or things.
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23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign,
transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so
will be void and confer no right on any third party.
24. Compliance with Law: Licensee will comply with all applicable federal, state, county
and local laws, all covenants, conditions and restrictions of record and all applicable ordinances,
zoning restrictions. rules, regulations, orders and any requirements of any duly constituted public
authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto. Licensee will obtain all permits and other governmental approvals required in connection
with Licensee's activities hereunder.
25. Governing Law: The existence, validity, construction, operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the
State of California.
26. Indemnification: City hereby agrees to protect, defend, indemnify and hold harmless
Edison, its officers and employees, against any and all liability, claims, judgments costs and
demands, including those resulting from death or injury to persons and damage to Edison's property.
arising directly or indirectly out of the use of the Property by the City and the public. This
indemnification does not include any liability, claims, judgment, costs and demands which 1) arise
out of the negligence or willful misconduct of Edison or 2) which does not arise out of the City's or the
public's use of the property as a park.
27. Termination: This Agreement may be canceled and terminated by either Licenser or
Licensee, at any time, upon thirty (30) days notice in writing. Licensee will peaceably quit, surrender
and, prior to termination date, restore the Property to a condition satisfactory to the Licensor.
Termination, cancellation or expiration does not release Licensee from any liability or obligation
(indemnity or otherwise) which Licensee may have incurred. Licensee's continued presence after
termination shall be deemed a trespass.
28. Events of Default: The occurrence of any of the following shall constitute a material
default and breach of this Agreement by Licensee:
(a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to
make any other payment required to be made by Licensee hereunder when due.
(b) The abandonment or vacating of the Property by Licensee.
(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of
Article 23.
(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or
other rule of any governmental agency in connection with Licensee's activities
pursuant to this Agreement.
(e) A failure by Licensee to observe and perform any other provision of this Agreement to
be observed or performed by Licensee, where such failure continues for the time period
specified in a written notice thereof by Licensor to Licensee.
(f) Any attempt to exclude Licensor from the licensed premises.
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(g) The making by Licensee of any general assignment for the benefit of creditors; the
appointment of a receiver to take possession of substantially all of Licensee's assets
located on the Property or of Licensee's privileges hereunder where possession is not
restored to Licensee within five (5) days; the attachment, execution or other judicial
seizure of substantially all of Licensee's assets located on the Property or of Licensee's
privileges hereunder, where such seizure is not discharged within five (5) days.
(h) Any case, proceeding or other action brought against Licensee seeking any of the relief
mentioned in "clause g" of this Article which has not been stayed or dismissed within
thirty (30) days after the commencement thereof.
29. Remedies: In the event of any default by Licensee, then in addition to any other
remedies available to Licensor at law or in equity, Licensor shall have the immediate option to
terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination
to Licensee. Upon termination, Licensor will have the right to remove Licensee's personal property
from the Property, including but not limited to, buildings, structures and fixtures. in addition.
Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest
at the maximum rate permitted by law on such amounts until paid, as well as any other amount
necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to
perform its obligations under this Agreement.
30. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee
will not acquire any interest temporary. permanent, irrevocable, possessory or otherwise by reason of
this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any
such interest. Any violation of this provision will immediately void and terminate this Agreement.
31. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any
other provision hereof or of any subsequent breach by Licensee of the same or any other provision.
Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of
Licensor's consent to or approval of any subsequent act by Licensee.
32. Authority: This Agreement is pursuant to the authority of and upon, and is subject to
the conditions prescribed by General Order No. 69-C of the Public Utilities Commission of the State of
California dated and effective July 10. 1985, which General Order No. 69-C, by this reference, is hereby
incorporated herein and made a part hereof.
33. Attorneys' Fees: In the event of any action, suit or proceeding against the other, related
to this Agreement, or any of the matters contained herein, the successful party in such action, suit or
proceeding shall be entitled to recover from the other party reasonable attorney fees incurred.
34. Electric_and-Magnetic Fields: In recent years there have been numerous scientific
studies about the effects of power frequency (60 Hz) EMF. There are several sources of EMF, including
household appliances and electric power facilities. Scientists do not agree on how to interpret the
currently available information. There is agreement, however, that this is an important issue that
should be resolved. Edison would like to share with the Licensee the balanced information or
literature Edison has about EMF, if said prospective Licensee is interested. Should Licensee wish,
brochures will be make available, upon request, that explain some facts about EMF and that outline
Edison's policy in this area. Licensee agrees to advise Edison if they have any questions or require
additional information.
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35. Notices: All notices required to be given by either party will be made in writing and
deposited in the United States mail, first class, postage prepaid, addressed as follows:
To Licensor: Southern California Edison Company
Real Properties and Administrative Services
Land Services Division
14803 Chestnut Street
Westminster, CA 92683-5240
To Licensee: City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92648
Business Telephone No. (714) 536-5525
Licensee will immediately notify Licensor of any address change.
36. ReggW!p : Licensee will not record this Agreement.
37. Complete Agreement. Licensor and Licensee acknowledge that the foregoing
provisions and any addendum's and exhibits attached hereto constitute the entire Agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of
the day and year herein first above written.
SOUTHERN CALIFORNIA EDISON COMPANY
By � ..
LICENSOR
A. J. APARICIO
Real Properties Agent
Land Services Division
Real Properties
and Administrative Services
CITY OF HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH
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3. y dml trator LICENS
Mayor By:44
APPROVED AS TO FORM:
Director ublic Works
APPROVED AS TO FORM:
City Clerk
i ty At.torney
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EXhIBIT "A"
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LELEND BARRE- ELLIS 220 KV T/L R/ W
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c:�;�u:;,�,; LICENSED TO THE CITY OF HUNTINGTON
BEACH FOR LANDSCAPE PURPOSES
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"L A `P''s Southern California Edison Company
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