HomeMy WebLinkAboutSCE - Southern California Edison - 2010-01-19 Council/Agency Meeting Held: / /9 - AO/0
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Council Meeting Date: 1/19/2010 Department ID Number: ED 10-01
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COU t MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINIST
PREPARED BY: JIM B. ENGLE, DIRECTOR OF COM , UhITY SERVI
STANLEY SMALEWITZ, DIRECTOR OF ECONOMICfEVELOPMENTcA
SUBJECT: APPROVE LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON FOR ACCESS RIGHTS THROUGH LEBARD PARK
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: The City Council is requested to approve the License Agreement
between the City of Huntington Beach and Southern California Edison for access through
LeBard Park. The access rights are necessary for Edison's maintenance vehicles to reach.
their transmission lines for repair and maintenance purposes.
Funding Source: N/A.
Recommended Action: Motion to:
Approve the License Agreement between the City of Huntington Beach and Southern
California Edison and authorize the Mayor and City Clerk to execute the Agreement.
Alternative Action(s):
Do not approve the License Agreement between the City of Huntington Beach and Southern
California Edison.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/19/2010 DEPARTMENT ID NUMBER: ED 09-62
Analysis: Southern California Edison (Edison) currently accesses their transmission lines
and towers through LeBard Park. The City of Huntington Beach uses the area under the
transmission towers as part of LeBard Park. The City has a License Agreement with Edison
to use the area under the towers for park purposes. However, Edison does not have any
designated rights to pass through LeBard Park to access their towers and lines.
It is proposed that Edison license the area they currently use for access to their facility. The
license will provide protection for the City from any damages or liability risks caused by .
Edison while using City owned property for access purposes.
Strategic Plan Goal: Maintain and enhance public safety.
Environmental Status: N/A
Attachment(s):
GO d1lerki 't
1. License Agreement between the City of Huntington Beach and
Southern California Edison for access purposes.
2. Site Map.
3. Certificate of Self Insurance for SCE.
-2- 12/8/2009 11:35 AM
ATTACHMENT # 1
LICENSE AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SOUTHERN CALIFORNIA EDISON
This License Agreement ("Agreement") is made and entered into by and between the
CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred
to as "LICENSOR," and SOUTHERN CALIFORNIA EDISON, hereinafter referred to as
"LICENSEE."
WHEREAS, LICENSEE has applied to LICENSOR for permission to access that
portion of LICENSOR'S property, more particularly depicted on the map attached hereto as
Exhibit "A" ("License Area"), to permit LICENSEE ingress and egress across LICENSOR's
property to access LICENSEE's transmission line right-of-way ("License"); and
LICENSOR desires to allow such use and access as is necessary; and
The parties wish to enter into an agreement defining their respective rights and
responsibilities concerning said License,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter
made and exchanged, the parties covenant and agree as follows:
1. GRANT OF LICENSE. LICENSOR hereby grants to LICENSEE, its
employees, agents, contractors and invitees, a non-exclusive, non-transferable limited right to
enter upon the License Area to permit ingress and egress across LICENSOR's property for
access to LICENSOR's transmission line right-of-way.
2. TERM. The term of this License Agreement shall be for a period of ten (10)
years commencing on the date this Agreement is signed by LICENSOR AND LICENSEE.
Notice of Termination will be in writing and served by certified mail. This term may be
08-1815.001/34886 1
cancelled by either party with thirty (30) day's written notice to the other party at its address
listed below.
3 CONSIDERATION. LICENSEE agrees to pay LICENSOR one dollar ($1.00)
total and other valuable consideration, the receipt of which is acknowledged for the use and
occupancy of the License Area.
4. TERMINATION. When this License terminates because the term has expired
or as otherwise provided for in this Agreement, the License is revoked and LICENSEE shall
no longer have access to the License Area. Upon termination of the License, LICENSOR
shall deliver a Notice of Termination to LICENSEE in writing and served by certified mail.
5 INDEMNIFICATION, DEFENSE, HOLD HARMLESS. LICENSEE hereby
agrees to protect, defend, indemnify and hold and save harmless LICENSOR, its officers,
agents, and employees against any and all liability, claims, judgments, costs and demands,
however caused, including those resulting from death or injury to LICENSEE'S employees
and damage to LICENSEE'S property, arising directly or indirectly out of the grant of License
herein contained, including those arising from the passive concurrent negligence of
LICENSOR, but save and except its active concurrent negligence, sole negligence, or the sole
willful misconduct of LICENSOR. LICENSEE will conduct all defense at its sole cost and
expense. This provision shall survive termination of this Agreement.
6. WORKERS' COMPENSATION INSURANCE. Pursuant to the California
Labor Code Section 1861, LICENSEE acknowledges awareness of Section 3700 et seq. of
said code, which requires every employer to be insured against liability for workers'
08-1815.001/34886 2
compensation LICENSEE covenants that it will comply with all such laws and provisions
prior to accessing the License Area pursuant to this Agreement.
LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease,
policy limit, at all times incident hereto, in forms and underwritten by insurance companies
satisfactory to LICENSOR.
7. INSURANCE. LICENSEE shall carry at all times incident hereto, on all
activities to be performed in the License Area as contemplated herein, general liability
insurance, including coverage for bodily injury, and property damage. All insurance shall be
underwritten by insurance companies in forms satisfactory to LICENSOR in its commercially
reasonable discretion. Said insurance shall name LICENSOR, its officers, agents and
employees as additional insureds. In the event of aggregate coverage, LICENSEE shall
immediately notify LICENSOR of any known depletion of limits. LICENSEE shall require
its insurer to waive its subrogation rights against LICENSOR and agrees to provide
certificates evidencing the same.
8. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED
ENDORSEMENT. Prior to accessing and using the License Area pursuant to this Agreement,
LICENSEE shall furnish to LICENSOR certificates of insurance subject to approval of
LICENSOR evidencing the foregoing insurance coverages as required by this Agreement; said
certificates shall provide the name and policy number of each carrier and policy, and shall state
that the policy is currently in force and shall promise to provide that such policies will not be
08-1815.001/34886 3
canceled without thirty(30) days prior written notice to LICENSOR. LICENSEE shall maintain
the foregoing insurance coverages in force until this Agreement is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of LICENSOR by LICENSEE under this Agreement.
LICENSOR or its representative shall at all times have the right to demand the original or a
copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner,
the premiums on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S
insurance policies, naming LICENSOR, its officers, agents and employees as additional
insureds shall be provided to LICENSOR for approval prior to accessing the License Area
pursuant to this Agreement. "Licensee may self insure to satisfy the requirements of section 6-8".
9. RELEASE. Intentionally omitted.
10. WASTE. LICENSEE shall not damage or commit any kind of waste upon the
License Area or any improvement, equipment or personal property thereon and shall not
interfere in any manner with the operations or activities of LICENSEE. LICENSEE shall
make no change in the use of the License Area nor shall the design of the License Area be
changed other than as authorized herein without prior written consent of LICENSOR.
LICENSEE shall not cause any workmen's or materialmen's liens to be placed upon the
License Area and LICENSEE agrees to indemnity and hold LICENSOR harmless against any
such liens, including but not limited to the payment of attorneys' fees.
11. MAINTENANCE. LICENSEE agrees to care for and maintain at its sole cost
and expense, the License Area in good and satisfactory condition as acceptable to LICENSOR
in its commercially reasonable discretion. Maintenance shall include regular, cleaning of the
08-1815.001/34886 4
License Area including but not limited to removal of all rubbish, food stuffs, paper, bottles,
cans, gum, cigarettes, animal litter, dirt and sand and repair of any damage to the same..
Prior to termination of this Agreement, LICENSEE shall restore the License Area, as
much as reasonably practicable, to the condition it existed prior to entry into this Agreement.
In the event LICENSEE does not maintain or restore the License Area as required by
this Agreement, LICENSEE authorizes LICENSOR to perform such maintenance or
restoration on LICENSEE'S behalf. All costs incurred performing said maintenance shall be
assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within
thirty(30) days of billing.
12. ACCESS. Each party shall provide access to the License Area to the other
party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day,
seven (7) days a week or as designated in permit approvals. LICENSEE'S exercise of such
rights shall not cause undue inconvenience to LICENSOR. All of LICENSEE'S operations
under this Agreement shall comply with all ordinances, regulations, and laws.
13. CONTROL OF EQUIPMENT. LICENSEE shall keep any equipment used or
brought onto the License Area under its absolute and complete control at all times and said
equipment shall be used on the License Area at the sole risk of LICENSEE.
14. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or
undertaken by it on the License Area shall be for its sole account and not as an agent, servant
or contractor for LICENSOR.
15. HAZARDOUS SUBSTANCE. LICENSEE represents and warrants that it will
not place, store, generate, use, release or deposit any hazardous substance on the License
Area. LICENSEE further agrees to clean-up and remediate any hazardous substance on the
08-1815.001/34886 5
License Area that is caused by LICENSEE, and hold LICENSOR harmless from and
indemnify LICENSOR against any release of such hazardous substance caused by LICENSEE
and any damage, loss, or expense or liability resulting from such release, including all
attorneys' fees, costs and penalties incurred as a result thereof; provided, however, the
foregoing indemnity shall not apply or relate to the discovery of any facts or pre-existing
conditions in, on or under the License Area, including but not limited to those caused by
LICENSOR, or any diminution of or impact on valuations of all or any portion of the License
Area. "Hazardous substance" shall be interpreted broadly to mean any substance or material
defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or
toxic or radioactive substance, or other similar term by any federal, state or local
environmental law, regulation or rule presently in effect or promulgated in the future, as such
laws, regulations or rules may be amended from time to time; and it shall be interpreted to
include, but not be limited to, any substance which after release into the environment will or
may reasonably be anticipated to cause sickness, death or disease.
16. DEFAULT. If LICENSEE uses the License Area for any purpose not expressly
authorized by this Agreement or fails to act in accordance with the terms and conditions of
this Agreement, if such default is not corrected within thirty (30) days after written notice
thereof from LICENSOR to LICENSEE, LICENSOR may terminate this Agreement and
prevent LICENSEE from using or remaining upon the License Area unless the nature of such
compliance is such that it would reasonably take longer than thirty (30) days to comply, then
no default shall occur so long as LICENSEE commences a correction within the thirty (30)
day period and diligently pursues such correction until completion.
08-1815.001/34886 6
17. NO ASSIGNMENT. LICENSEE agrees that the License granted herein shall
be personal to it and that it shall not assign or permit any third party to avail itself of any of
the privileges granted hereunder, without the express written permission of LICENSOR.
18. NO TITLE INTEREST. No title interest of any kind is hereby given and
LICENSEE shall never assert any claim or title to the License Area.
19. NOTICES. All notices given hereunder shall be effective when personally
delivered or if mailed, within forty eight (48) hours of the deposit of such notice in the U.S.
Mail, postage prepaid, and certified with return receipt requested and addressed to
LICENSOR or to LICENSEE at the respective addresses shown below:
LICENSOR: LICENSEE:
City of Huntington Beach Southern California Edison
Attn: Real Estate Services Division Attn: Marisol R. Sanchez, Corporate Real Estate
2000 Main Street 14799 Chestnut Street
Huntington Beach, CA 92648 Westminster, CA 92683
20. NO DISCRIMINATION. LICENSEE agrees that in performance of this
Agreement and in the use of the License Area authorized hereunder, it will not engage in, nor
permit its officers, agents or employees to engage in, any discrimination or discriminatory
practices against any person based on race, religion, creed, color, natural origin, ancestry,
physical handicap, medical condition, marital status or gender.
21. ATTORNEY'S FEES. In the event suit is brought by either party to enforce
the terms and provisions of this Agreement or to secure the performance hereof, each party
shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its
attorney's fees.
08-1815.001/34886 7
22. COMPLIANCE WITH CONTROLLING LAW. LICENSEE shall comply
with all laws, ordinances, regulations, permits and policies of the federal, state and local
governments applicable to this Agreement. This Agreement shall be governed and construed
in accordance with the laws of the State of California.
23. NO PARTNERSHIP. Nothing contained in this License Agreement shall be
construed to mean that LICENSEE and LICENSOR are joint venturers or partners.
24. CAPTIONS. Captions and headings of the different articles contained herein
are solely for the convenience of reference and are not to be considered parts, provisions or
interpretations of this License Agreement.
25. EXHIBITS. All exhibit(s) attached hereto are incorporated herein by
reference.
26. COUNTERPARTS. This License Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
27. SIGNATORIES. Each undersigned represents and warrants that its signature
hereinbelow has the power, authority and right to bind their respective parties to each of the
terms of this Agreement, and shall indemnify LICENSOR fully for any injuries or damages to
LICENSOR in the event that such authority or power is not, in fact, held by the signatory or is
withdrawn.
08-1815.001/34886 8
28. ENTIRETY. This Agreement contains the entire agreement between the
parties. This Agreement shall be modified only by a subsequent written amendment, executed
by both parties, as may be mutually agreed upon by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on �wu y 9 d Dlo
LICENSEE LICENSOR
SOUTHERN CALIFORNIA EDISON CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
�By: VA'OoKk
California
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INITIATED AND APPROVED:
REVIEW.° ID APPROVED:
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Director ZEconomir, Development
pity Administrator
APPROVED AS TO FORM:
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( City Attorney M V
08-1815.001/34886 9
EXHIBIT "A"
LEGAL DESCRIPTION FOR 12 FOOT WIDE
SOUTHERN CALIFORNIA EDISON ACCESS ROAD
ACROSS LE BARD PARK (Portion APN 155-131-029)
IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA
A 12 FOOT WIDE STRIP OF LAND OVER A PORTION OF THE NORTHWEST 114 OF
FRACTIONAL SECTION 8, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO
MERIDIAN, ALSO BEING A PART OF THE MOST SOUTHEASTERLY "NOT A PART" PARCEL
AS SHOWN ON THE MAP OF TRACT NO. 5192, RECORDED IN BOOK 218, PAGES 41
THROUGH 44 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, THE NORTHERLY
LINE OF WHICH IS DESCRIBED AS FOLLOW&
BEGINNING AT A POINT ON THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF
SAID TRACT NO. 5192, SAID POINT BEING SOUTH 12°39'47' WEST, 8.99 FEET FROM THE
SOUTHEASTERLY CORNER OF LOT 26 OF SAID TRACT;
THENCE NORTH 71°58'41" WEST, 105.56 FEET TO THE SOUTHEASTERLY RIGHT OF WAY
LINE OF WARWICK DRIVE, BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 70.00 FEET; SAID POINT BEING THE POINT OF TERMINATION,
THE SOUTHERLY LINE OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO
TERMINATE NORTHWESTERLY AT SAID RIGHT OF WAY OF WARWICK DRIVE AND
SOUTHEASTERLY AT SAID SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF SAID
TRACT NO. 5192,
CONTAINS 1318 SQUARE FEET, MORE OR LESS
AS SHOWN ON EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE OF A
PART HEREOF
PREPARED UNDER MY SUPERVISION:
'IV 61,
David 0. Knell PLS 5301 Date
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APN 155-131-28
- C 1 O.R. 2005000470162
WARWICK DRIVE POT
C2 E R
eSS6�, LOT 26
L1 'PO
142�.,1 L2
APN 155-131-29
FF
LE BARD PARK
F
PROPOSED 72' WIDE SO CAL EDISON ACCESS EASEMENT
SEGMENT DATA
BEARING LENGTH
Li N12"39'47"E 8.99'
L2 N12'39'47"E 12.05'
u
3
0
0
N
CURVE DATA
DELTA RADIUS LENGTH
V
C 1 5'28'44" 70.00' 6.69' SCALE- 1"=50'
C2 1 1'51'03" 70.00' 14.48'
s
0 10 20 30 40 50 75 100 200
m
WILLDAN °"°°° SCALE. 1"=50' DATE: 08/19/2008
Engineering -,h DRAWN BY: SCB EXHIBIT °B'
i}91 �9055RCACS PAFMWAt ti0Rln, ',U,T, a05
�NJo57.Rr CA 917�6-3<97 =
(562;9e8-6247 CHECKED BY. DOK
ATTACHMENT #2
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ATTACHMENT #3
SOURIUMMIFORNKA
E D'A' 1 S
P.O.Box 800
John Butler 2244 Walnut Grove Avenue
Director,Corporate Risk Management Rosemead,CA 91770
CERTIFICATE OF SELF INSIJRANCE
Issued To: City of Huntington Beach
2000 Main Street
Huntington Beach, CA
Southern California Edison certifies that the self insurance prograrns listed below
are in force with regard to the following:
SCE Right of Way Agreement
company&
Type of Insurance Policy No. Policy Period Limits of Liability
Comprehensive $2 Million
General Liability Self-Insured Continuous Bodily Injury&
Includes Auto Property Damage
3
Worker's Compensation Self-Insured Continuous Statutory
&Employer's Liability $1 Million
This certificate is not valid unless signed by an authorized representative of Southern California Edi.son's Risk
Management Department.
'rho C&y of Huntington Beach,its officers,elected or appointed officials,employees,agents,and volunteers are
additional insureds as respects the above.
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Authmriz d Reptwmmtativc
JOAmic Gnnralcs
Issue date: November 17, 2009
sceeci l.doc smpenJcel (6f96)
RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approve License Agreement between the City and
Southern California Edison for Access through LeBard
Park by Southern California Edison
COUNCIL MEETING DATE: January 19, 2010
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached
(Signed in full by the City Attorney) Not Applicable ❑
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached
Not Applicable ❑
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Nott Applicable
Staff Report (If applicable) Notached El
t Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLAMATpOM FOR WSSI`W'O ATTACHNENTS
REVIEWED RETURNED FOR A DED
Administrative Staff ( )
Deputy City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) (( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM.
• . • •
RCA Author: Mike Green/Tina Krause ext. 1529
0 ee
City of Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
OFFICE OF THE CITY CLERIC
® JOAN L. FLYNN
CITY CLERK
January 21, 2010
Southern California Edison
Attn: Marisol R. Sanchez, Corporate Real Estate
14799 Chestnut Street
Westminster, CA 92683
Dear Ms, Sanchez:
Enclosed for your records is a duplicate original of the License Agreement by and
between the City of Huntington Beach and Southern California Edison, for limited
access through LeBard Park.
Sincerely,
J n L. Flynn, CMC
City Clerk
JF:pe
Enclosure
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