HomeMy WebLinkAboutSCE - Southern California Edison - 1972-12-19 (3) Council/Agency Meeting Held:
Deferred/Continued to:
W-Approved ❑ Conditionally Approved ❑ Denied4LA�
Cit ell, Sign e
Council Meeting Date: 8/15/2005 Departme Number: CA 05-17
Z�-
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAY O CITY COUNCIL MEMBERS
SUBMITTED BY: JENNIFER MCGRA y Attorney -s ='
c _T7
PREPARED BY: JENNIFER MCGRA y Attorney ;-,-�4;
SUBJECT: Southern California Edison License Agreements Amendment > ,
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachent(s)
Statement of Issue: The amendment to the City's License Agreements with Southern
California Edison would modify the current prohibition of dogs on their property which is
licensed to the City as parkland areas.
Funding Source: N/A
Recommended Action: Authorize the Mayor and City Clerk to execute two original License
agreement amendments with Southern California Edison.
Alternative Action(s): Do not execute the amendments to the Southern California Edison
License Agreements.
Analysis: Based on input from many residents regarding the prohibition of dogs on
Southern California Edison ("Edison") property used for parklands, Edison has agreed to
modification of the clause in the original agreements that prohibits dogs. Through execution
of these amendments, Edison will permit dogs that are securely restrained by a leash and in
the control of its owner or keeper to be in and on their property licensed to the City of
Huntington Beach.
Environmental Status: N/A
Attachment(s):
I City Clerk's
Page Number No. Description
1. Two original License Agreement Amendments
C10"hpy //u
ATTACHMENT #1
LICENSE AGREEMENT AMENDMENT
THIS LICENSE AGREEMENT AMENDMENT(this"Amendment's is entered into by and between
SOUTHERN CALIFORNIA EDISION COMPANY,a California corporation, ("SCE' and the CITY OF
HUNTINGTON BEACH(the"City',with reference to the following facts:
RECITALS
WHEREAS, the SCE as Licensor,has licensed certain real property located within the City limits to the
City, as Licensee,for park purposes pursuant to those certain License Agreements identified below and
attached hereto as Exhibit"A",
WHEREAS,SCE and the City desire to amend the License Agreements as set forth herein to allow
leashed dogs on licensed property,subject to the terms and conditions set forth herein,
NOW,THEREFORE,in consideration of the mutual covenants and conditions contained in this
Amendment,SCE and the City hereby agree to amend the License Agreements as follows:
This amendment to the License Agreement shall allow leashed dogs within the Licensed Area,subject to and
in accordance with: (i) the terms and conditions of this Amendment, (ii) the terms and conditions of the
License Agreement and(iii) all City leash, sanitary and safety ordinances.
(1) The City shall ensure that no owner or keeper of a dog shall allow,permit or suffer such dog,
whether licensed or unlicensed, to be run at large within the Licensed Area,unless such dog is
securely restrained by a substantial leash not exceeding six(6) feet in length,and such owner or
keeper is competent to keep such dog under effective control.
(2) The City shall not allow guard dogs,"dog parks"and any other use in the Licensed Area that is not
in compliance with local ordinances or the terms,conditions and restrictions set forth in the License
Agreement.
Account No. Property No. Park Name Location
Acct 2094 POBEL858B43 Lan enbeck Park S/O Garfield
Acct 2145 POHBE858F62 Arevalos Park N/O Adams
Acct 2147 POHBE888B21 Edison Community Park N/O Hamilton
Acct 2150 POHBE888C21 Edison Park E/O Magnolia
Acct 2152 POHBE888D22 Gisler Park S/O Atlantic
Acct 2156 POHBE888E71 LeBard Park S/O Adams
Except as otherwise herein provided,it is mutually understood and agreed that all terms,covenants,and
conditions of said License Agreements shall be and remain in full force and effect.
DATED AS OF J`t !/U
SOUTHERN CALIFORNIA EDISON COMPANY, CITY OF HUNTINGTON BEACH
a corporation
4VBy: VA& B
L C NSOR I NSEE �/��p�
Jennifer Ward ATTEST:
Right of Way Agent
Real Estate Operations B
Corporate Real Estate Licensee Copy ITY C ERK
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TOTAL AREA(cRoss) SQ.FT.356,320 AC.8.18 EXHIBIT " A"
:ACRJTY NAME: BARRE - ELUS 220KV T/L R/W P.I.D. NO. 5012001 1 J.O. 0005 JAMIN ID+02gIs15178
JCENSEE: City of Hundnpton Beach RP File No: P815024-1-33 CITY+Huntington Beach T.G.+ 858B4
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LANDS OF SOUTHERN CALIFORNIA EDISON COMPANY 0 300 600
BEING LICENSED TO CITY OF HUNTINGTON BEACH
SCALE IN FEET
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• APPROXIMATE WOOD POLE LOCATION (10' CLEARANCE) EXHIBIT "A"
►TAL AREA (GROSS) TSQ.FT. 355446.8 AC. 8.16
:ILITY NAME: HUNTINGTON BEACH-ELLIS T/L P.I.D. NO. 5012004 1 J.O. 0005.224 JAMIN ID: GIS-15783
=NSEE: CITY OF HUNTINGTON BEACH CITY: HUNTINGTON BEACH T.G.: 888 B2
)PERTY NO.: POHBE88BB21 C.R.E. AGENT: A. LIKELY COUNTY: ORANGE I STATE: CA
MAPPING: RC ACCOUNT : 2147 SOUTHERN CALIFORNIA'
IDERS MAP NO.: 556827 OTHER REF.: - E D I S O!NI�1
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HUNTINGTON BEACH—ELLIS T/L R/W
LICENSE SHOWING LAND DESCRIBED
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LE BARD PARK
1 P. I. D. NO. 5012004
DWG. No. 556828 City of Huntington Beach -Acct No. 2156
•R/W File NO. . 04-68=030 Prop. #POHBE888E71
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Prop. No. POBEL888C21
A PN- 1 '4 9—2 31 C/O HuntinEton Beach Acct.2150
ORANGE COL)W. Y Y1 Huntington Beach-Ellis TL RW Edison Pk.
E/O Magnolia,N/S Hamilton
R A ROUTING SH T
INITIATING DEPARTMENT: City Attorney
SUBJECT: Amendments to License Agreements with Southern
California Edison
COUNCIL MEETING DATE: 8/15/05
RSA ATTAR 4111E T STATL S
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 NotApplicable ❑
Attached ❑
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form by City Attorney)
Certificates of Insurance (Approved b the CityAttorne Attached ❑
y y) Not Applicable
Fiscal Impact Statement (Unbudget, over$5,000) AttachedNot Applicable
Bonds (If applicable) Attached ❑Not Applicable
❑
Staff Report (If applicable) AttachedNot Applicable
Attached ❑
Commission, Board or Committee Report (If applicable) Not Applicable
Find in s/Conditions for Approval and/or Denial Attached ❑
g pp Not A licable
PLANATION FOR MISSING ATTACHMEN`�S
'RE1/IEil1►ED RETURNED F�RWARDED
Administrative Staff )
Assistant City Administrator Initial
City Administrator initial
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: KC
AdElk
NEW
REQUEST FOR LATE SUBMITTAL
(To accompany RCA's submitted after Deadline
Department: City Attorne Sub"ect Amendments to License Agreement w/Edison
Council Meeting Date: Date of This Request: 8/5/05
8/15/06
REASON (Why is this RCA being submitted late?):
Agreements were prepared by Edison and received just recently for review and
j,
approval by the City Attorney
EXPLANATION (Why is this RCA necessary to this agenda?):
Members of the public are anxious to have the issue of dogs in Edison parks resolved
CONSEQUENCES How shall delay of this RCA adversely impact the City?):
The citizens are concerned that they are unable to use the park with their dogs until the
addendum is approved by City Council
Signature: Approved O Denied
Departmb(�Iealr Penelope Culbr th-Graft
City Administrator
Request for RCA Late Submittal edison 07/14/94
Council/Agency Meeting Held: — ;
Deferred/Continued to:
'Approved ❑ Conditionally Approved ❑ Denied City Clerk's nature
Council Meeting Date: 3/21/2005 Department ID Number: ED 05-05
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL, MEMBERS =�
SUBMITTED BY: PENELO1 E CUL ETH-GRAFT, CIT AD INISTRATOR
PREPARED BY: DAVID C. BIGGS, DIRECTOR OF ECONOMIC DEVELOP NT-
JIM.B. ENGLE, DIRECTOR OF COMMUNITY SERVICE
SUBJECT: APPROVE LICENSE RENEWAL AGREEMENTS WITH S UTHERN
CALIFORNIA EDISON FOR AREVALOS PARK AND EDISON PARK
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Two .five-year renewal of License Agreements with Southern
California Edison (SCE) for parks and recreation purposes are submitted for approval. The
first subject property, known as Arevalos Park, is approximately 2.6 acres of SCE property
located between Pegasus School and the Santa Ana River. The proposed Arevalos Park
License Agreement will extend the City's use of the property for five years at a cost of $520
per year. The second subject property, which has been developed as a part of Edison
Community Park, is 5.64 acres of SCE property adjacent to Edison High School and
Hamilton Avenue. The proposed Edison Park License Agreement will extend the City's use
of the property for five years at a cost of $1,128 per year. Additionally, because SCE
requires that these License Agreements include a prohibition against dogs, while the
Municipal Code categorically allows leashed dogs in all City parks, the Council is asked to
direct staff to prepare an amendment to the Municipal Code that would allow dogs to be
prohibited within SCE parkland areas.
Funding Source: Total of $1,648 annual payment (for five years) from the Park Acquisition
and Development Fund ($520 for Arevalos Park and $1,128 for Edison Park).
Recommended Action:
1. Direct staff to prepare an amendment to the Municipal Code prohibiting dogs in SCE
parkland areas.
2. Approve the proposed License Agreement with SCE for Arevalos Park, and authorize
the Mayor and City Clerk to execute all documents necessary to effectuate this
transaction.
3. Approve the proposed License Agreement with SCE for Edison Park, and authorize
the Mayor and City Clerk to execute all documents necessary to effectuate this
transaction.
REQUEST FOR ACTION
MEETING DATE: 3/21/2005 DEPARTMENT ID NUMBER:ED 05-05
Alternative Action(s):
1. Discontinue the use of SCE property for Arevalos Park and/or Edison Park.
Analysis: Since 1971, the City has leased SCE property adjacent to the Pegasus School
(formerly Arevalos Elementary School) for public parkland. This property, which is located
between the back side of the school and the Santa Ana River, is approximately 2.6 acres and
contains a playground set and open space for passive use (see Arevalos Park site map,
Attachment 1). The City currently rents the property for $520 per year under a license
agreement that expires on March 31, 2005. The proposed License Agreement extends the
parkland use of the property at the same rate for five additional years (see Arevalos Park
License Agreement, Attachment 2).
Since 1969, the City has leased SCE property adjacent to Edison High School for public
parkland. This property, which is located between the school and Hamilton Avenue, is
approximately 5.64 acres. The property is available to the public as open space for passive
use (see Edison Park site map, Attachment 3). The City currently rents the property for
$1,128 per year under a license agreement that expired on December 31, 2004. The
proposed License Agreement retroactively extends the parkland use of the property at the
same rate for five additional years (see Edison Park License Agreement, Attachment 4).
Both License Agreements were prepared by SCE and reviewed by the City Attorney's Office.
As noted in Attachment 5, the City Attorney identified a conflict between the agreements and
the City's Municipal Code: SCE prohibits dogs on its property, however, the City's Municipal
Code (Section 13.48.070) says that leashed dogs shall be permitted in all parks (see
Municipal Code Section 13.48, Attachment 6). This matter was discussed at the Council's
Economic Development Committee (EDC) meeting on February 14, 2005, where staff was
directed to bring the matter to the full Council. Because SCE is not currently prepared to
allow dogs on its property, the EDC recommended that the Municipal Code be amended as
necessary to ensure the continued availability of the SCE property as public parkland.
Environmental Status: N/A
Attachment(s)-
City Clerk's
Page Number No. Description
1. Arevalos Park Site Map
2. Proposed License Agreement with Southern California Edison for
Arevalos Park
3. Edison Park Site Map
4. Proposed License Agreement with Southern California Edison for
Edison Park
5. City Attorney Memo Discussing Dog Restriction Issue
6. Municipal Code Section 13.48
G:1Real EstatelRCA1SCEIRCA-Arevalos Edison 3-21-04.doc-2- 3/812005 8:36 AM
Arevalos Park Site Map
A T TACHMENT # 1
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Proposed License Agreement with Southern California
Edison for Arevalos Park
CITY OF HUNTINGTON BEACH
Property No. POHBE858F62
Account No. 2145
L I CENSE AGREEMENT
INDEX
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE
5 LICENSER'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
_ADDENDUM
PARK USE
Licensee Copy
Property No. POHBE858F62
Account No. 2145
LICENSE AGREEMENT /
THIS AGREEMENT, made as of the �_ day of 20,0{ ,
between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under 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
further described as follows:
That portion of Section 5, Township 6 South, Range 10,West, San Bernardino Meridian, as per map
recorded in Book 51. page 14 of Miscellaneous Maps in the office of the County Recorder of said
County, more particularly described as follows:
Beginning at the Northeasterly corner of Lot 71 of Tract No. 4707 as shown on a map of said Tract
4707 recorded in Book 209. page 33 through 35, inclusive, of Miscellaneous Maps Records in the
office of the County Recorder of said County, said Northeasterly corner also being located on the
Westerly line of the Southern California Edison Company Right of Way as described and recorded in
Book 4065, page 367 of Official Records in the office of the County Recorder of said County; thence
North 14 0 31' 15" East 702.20 feet, more or less, along said Westerly line of the Southern California
Edison Company Right of Way to the Southerly corner of Lot 38 of Tract No. 4884 recorded in Book
189, pages 8 through 10, inclusive, of Miscellaneous Maps Records in the office of the County
Recorder of said County; thence South 75' 28'45" East 174.00 feet to a point on the Easterly line of
said Southern California Edison Company Right of Way; thence South 140 31' 15"West, 702.20 feet,
more or less, along said Easterly line of said Southern California Edison Company Right of Way;
thence North 750 27'45" West, 174.00 feet to the Point of Beginning.
The hereinabove described licensed property is shown on the print attached hereto, marked Exhibit
"A", said print being for information purposes only.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record including but not limited to, the following:
1. Use: Licensee will use the Property for parks and/or public recreation 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 28.
2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of April, 2095, and ending-on the last-day of
March, 2010. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent
-1-
0 0
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: Licensee will pay to Licensor the sum of Five Hundred Twenty and
00/100 Dollars ($520.00) upon the execution and delivery of this Agreement for the first year;
Yearly Payment Due
Term Year Due Amount First Day Of
First Year 2005 520.00 April
Second Year 2006 520.00 April
Third Year 2007 520.00 April
Fourth Year 2008 520.00 April
Fifth Year 2009 520.00 April
All payments subsequent to the initial payment will be paid to the Southern California Edison
Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting
Department - Accounts Receivable.
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee on all
amounts outstanding.
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 Two Million and 00/100 Dollars ($2,000,000.00) 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.
6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval,
complete improvement plans, including grading plans, identifying all existing and proposed
improvements, a minimum of sixty (60) days 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. Licensee's Personal Pro e : 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 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.
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8. Height Limitations: 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 twenty-five (25) 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. Access and Clearances: 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 usable width of sixteen (16)
feet, together with commercial driveway aprons and curb depressions capable of supporting a gross
load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on
curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less
than 50 feet measured at the inside edge of the usable road surface. 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 50-foot-radius around suspension tower legs and 100-foot radius around
dead-end tower legs.
b. A 10-foot-radius around all steel and wood poles.
NOTE: Additional clearance may be required for structures. Plant material in 1 gallon containers
(maximum size) may be permitted outside the 25-foot radius around tower legs.
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. Flammables, 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 and Herbicides: Any pesticide or herbicide applications and disposals will
be made in accordance with all federal, state, county and local laws. All horticulture Licensees are
required to provide a copy of the annual License for Pest Exclusion/Nursery Program from the State of
California, Department of Food and Agriculture. 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.
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. Signs: Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of outdoor advertising.
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15. Fencing: 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 Equipment: 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 (90%). 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, Assessments and Liens: 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.
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. Cam licence 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.
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25. Goyerniniz 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 of Huntington Beach - Park Use: City hereby agrees to protect,
defend, indemnify and hold harmless Edison, its officers and employees, against any and all liability,
claims, judgment 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 Licensor 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.
(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
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• i
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 "EMF" : There are numerous sources of power frequency
electric and magnetic field ("EMF"), including household or building wiring, electrical appliances and
electric power transmission and distribution facilities. There have been numerous scientific studies
about the potential health effects of EMF. Interest in a potential link between long-term exposures to
EMF and certain diseases is based on the combination of this scientific research and public concerns.
While some 30 years of research have not established EMF as a health hazard, some health
authorities have identified magnetic field exposures as a possible human carcinogen. Many of the
questions about specific diseases have been successfully resolved due to an aggressive international
research program. However, potentially important public health questions remain about whether
there is a link between EMF exposures in homes or work and some diseases including childhood
leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific
research is continuing on a wide range of questions relating to exposures at both work and in our
communities, a quick resolution of the remaining scientific uncertainties is not expected.
Since Licensee plans to license or otherwise enter SCE's property that is in close proximity to SCE's
electric facilities, SCE wants to share with Licensee and those who may enter the property under this
agreement, the information available about EMF. Accordingly, SCE has attached to this document, a
brochure that explains some basic facts about EMF and that describes SCE's policy on EMF. SCE
also encourages you to obtain other information as needed to assist you in understanding the EMF
respect to your planned use of this property.
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
Corporate Real Estate Department
Real Estate Operations Division
14799 Chestnut Street
Westminster, CA 92683
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To Licensee: City of Huntington Beach
P.O. Box 190
Huntington Beach, CA 92645
Business Telephone No. (714) 536-6551
Licensee will immediately notify Licensor of any address change.
36. Recording: Licensee will not record this Agreement.
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37.Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any
addenda 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
LICENSOR
ANITA VALKO
Right of Way Agent
Real Estate Operations
Corporate Real Estate Department
CITY OF HUNTINGTON BEACH
By
LICENSEE
Print Name:
By _
CITY 4eTO E CH
By ji-11 HArd t
MAYOR LICENSEE
A EST: APPROVED AS TO FORM:
yyl eEx�--
CLERK AT RNEY U65- W M1OS
REVIEWED AND APPROVED: NI IATED AND APPROVED:Qvc� 6 fm 14
ITY AD INISTRATOR DI C OR OF COMMUNI SERVICES
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ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from. Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. Licensee will
relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after
receiving notice to relocate from Licensor.
C. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires Overhead."
D. At Licensee's expense, Licensee will post signs at all access points of the Property that read:
"No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the park for a period of more than three days, Licensee
will notify the general public of the closure by posting at all access points to the property.
F_ At Licensee's expense, Licensee will install removable post-type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but
not limited to, motorcycles, off-road vehicles, and "all-terrain"vehicles.
G. Trespass discouragers shall be installed on Licensor's towers. The discourager installation will
be performed by SCE. Licensee shall pay SCE in advance, for all SCE direct and indirect costs
associated with the engineering, purchase, and installation of the discouragers. All towers
shall be equipped with signs so worded as to warn the public of the danger of climbing the
towers. Such signs shall be placed and arranged so that they may be read from the four
corners of the structure. Such signs shall be neither less than 8 feet nor more than 20 feet
above the ground except where the lowest horizontal member of the tower or structure is more
than 20 feet above the ground in which case the sign shall be not more than 30 feet above the
ground.
H. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-
axle vehicle.
Licensee's Initials
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City Attorney Memo Discussing Dog Restriction Issue
EN
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Va CITY OF HUNTINGTON BEACH FEB14
Inter-Department Communication
TO: DAVID BIGGS,Director of Economic Development -
JIM ENGLE, Director of Community Services
STEVE HOLTZ, Real Estate Manager
MIKE HEINEKE,Real Property Agent
FROM: JENNIFER MCGRATH, City Attorney
DATE: February 7,2005
SUBJECT: RLS 05-001 - SCE License Agreement Huntington Beach Ellis R/W Account No. 2145
Our office has been asked to approve as to form a license agreement between the Southern California
Edison Company ("SCE") and the City of Huntington Beach that will permit the City to continue to
use SCE's property for parks and/or public recreation purposes.
Please be advised that the license agreement provides that the City will not permit dogs on the
property. (Paragraph 11-last sentence.) However, we have confirmed that City signage at the sites
allows leashed dogs. Also, the Addendum to the agreement requires the City to post signs at all access
points of the property reading:
"No Kite Flying, Model Airplanes or Metallic Balloons Permitted, High Voltage Wires
Overhead."
and
"No Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
We understand that the City has not posted these signs_
The purpose of this memorandum is to remind you of these obligations so that the appropriate action
may be taken. In the interim, we have approved the agreement as to form.
jyou have any questions, please call us.
" ?Ipc��
JENNIFER MCGRATH, L
City Attorney
/k
Attachment: License Agreement for Huntington Beach-Ellis R/W
g/mulvihill/05memos/SCE license agree
Municipal Code Section 13.48
! i
Huntington Beach Municipal Code 13.48.010-13.48.010t0
Chapter 13.48
PARKS
(434-3/40,511-5/47,564-10150, 1026-2164, 1246-10166, 1478-4169, 1547-1170,2043-4/76,2099-9/76,2303-9f78,
2451-11/80,2824-4187,2851-8/86,2964-10188,3181-1/93,3295-8/95,3373-11197)
Sections:
13,48.010 Definitions
13,48.015 Park Rangers
13.48.020 Unlawful acts
13.48.025 Signs
13.48.030 Vandalism
13,48.040 Public toilets
13.48,050 Littering
13.48,060 Vehicles operations--Parking
13.48.061 Vehicles--Speed
13.48.070 Animals
13.48.080 Boisterous conduct
13.48.090 Gambling
13.48.100 Vending and peddling
13.48.110 Alcoholic beverages
13.48.120 Games and activities
13.48.125 Safety regulations and signs
13.48.130 Curfew
13.48.140 Advertising
13.48.145 Camping
13.48.150 Violations--Penalty
13.48,155 Nuisance
13.48.010 Definitions. For the purposes of this chapter,the following terms shall have the
meanings as set forth herein,unless the context in which they are used clearly indicates a
contrary meaning:
(a) "Alcoholic beverages" means any and all spirituous, vinous,malt or fermented liquor, liquids
or compounds,whether medicated,proprietary,patented or not,and by whatever name
called, containing one-half of 1 percent,or more,of alcohol by volume which are potable or
fit as, or which may be used for beverage purposes.
(b) "Person" means any individual, firm, partnership,joint venture, association, social club,
fraternal organization, corporation or any other group acting as a unit.
(c) "Sound amplifying system" means and includes any system of electrical hookup or
connection, loudspeaker system or equipment, sound amplifying system and any apparatus,
equipment, device, instrument or machine designed for or intended to be used for the purpose
of amplifying sound or increasing the volume of the human voice,musical tone,vibration,or
sound wave. This definition shall not apply to the regular and customary use of portable
radios, televisions,record players or tape recorders played or operated in such places at such
times so as not to disturb other persons in their permitted uses of the park.
(d) "City" means the City of Huntington Beach.
(e) "Director"means the Director of the Community Services Department or other person(s)
authorized by him,pursuant to law, to act in his stead.
(f) "Department" means the Department of Community Services.
11197
0 0
13.48.010(g)--13.48.060(a) Huntington Beach Municipal Code
(g) "Park" includes every park recreation center, lake,pond or other body of water,riding and
hiking trail,parking lot and every other recreation facility owned, managed and/or controlled
by the City and under the jurisdiction of the Director.
(h) "Permission" means written permission, granted by the Director or his authorized agent.
(1246-10/66,2451-11/80)
(i) "Skateboard Park" means any facility that is designed and maintained for the purpose of
recreational skateboard use. (3181-1192)
(j) "Skateboard"means a board of any material which has wheels attached and such wheels may
be used for moving or propulsion. (3181-1/92)
13.48.015 Park Rangers. For the purpose of this chapter,all Park Rangers are designated
"limited power peace officers." Such Park Rangers shall have the authority to issue citations
and/or make arrests for violations of this chapter,pursuant to section 836.5 of the California
Penal Code. (2451-11/80, 2964-10188)
13.48.020 Unlawful acts. It is unlawful for any person to do or commit,or for any person to
cause or permit to be done or committed within the boundaries of any public park within the City
of Huntington Beach,any act in the following sections. (1 o26-2164, 1246-10166)
13.48.025 Signs. No person shall fail or refuse to obey or comply with any notice or sign,
including warning, regulatory and road markings,placed by order of the Director for the safety
or control of persons, vehicles or animals. No person shall willfully refuse to follow or comply
with any lawful order or direction given by a department employee. (2451-1118o)
13.48.030 Vandalism. No person shall willfully cut, break, injure, deface,disfigure,mark or
write upon,paint,carve, burn,tamper with, attach rope or wire to,displace or remove any tree,
shrub,plant,turf,rock, sand, soil, wood,building, fence, table,bench, barbecue unit,pole, light,
playground apparatus,bridge, railing,paving material, fountain,trash receptacle, waterline or
other public utility,part or appurtenance thereof, sign, notice or placard,whether temporary or
permanent,monument, stake,post or other boundary marker,equipment,tools,implements,
materials, any structure or park facility whatsoever, either real or personal. (1026-2164, 1246-10166,
2451-11180)
13.48.040 Public toilets. No person shall fail to cooperate in maintaining public toilets in a
neat and sanitary condition nor shall any person loiter in or about any public toilet or enter any
public toilet designated for the opposite sex except that this provision shall not apply to persons
under five years of age that are accompanied by a parent or guardian. (1026-2164, 1246-10166,
2303-9f78)
13.48.050 Littering. No person shall deposit,throw, discharge or otherwise place any paper,
ashes,dirt,bottles,broken glass, cans, trash, litter, animal carcass, rubbish,debris or any
substance, matter or thing,either liquid or solid in the waters of any fountain,pond, lake,stream,
bay or other body of water in or adjacent to any park or in or on the grounds of said park except
in the proper receptacles where these are provided;nor shall any person within any park wash
eating or cooking utensils elsewhere than in the sinks provided for such purposes;nor shall any
person bring any such substance,except litter accumulated in the course of automobile travel,
into a City park for the purpose of disposal thereof in City park facilities. Where receptacles are
not provided,all such rubbish or waste shall be carried from the park by the person responsible
for its presence and properly disposed of elsewhere. (434-3140,511-5/47, 1026-2/64, 1246-10166,
2451-11/80)
13.48.060 Vehicle operations—Parking.
(a) Parking. No person shall operate,drive,ride,park or leave standing any automobile,truck,
motorcycle,motor scooter,motorized bicycle, gocart or any other motor vehicle or any other
Huntington Beach Municipal Code 13.48.060(a)-13.48.100
vehicle at any time in any park;provided,however,that the provisions of this section shall
not apply to those specific areas within any public park of the City which shall have been
regularly and lawfully set aside for the use of vehicles; and provided further that the
provisions of this section shall not apply to any vehicle used or owned by the City or any
vehicle to which a temporary parking pass has been issued by the City or any commercial
vehicle malting lawful deliveries to or otherwise lawfully engaged in any undertaking or
enterprise within any public park of the City. No person shall park and leave unattended any
vehicle in areas other than those designated for parking. Vehicles left unattended in any
area, except those designated for parking, without permission,may be towed away and stored
by the City and said removal and storage costs shall be charged to and paid by the owner
prior to release. Nor shall any person ride or drive a bicycle, skateboard or roller skates upon
any tennis,handball,basketball, shuffleboard or multipurpose court in a City park.
(1246-10/66,2451-11/80,3373-11/97)
(b) Upon proof of valid California vehicle registration,proof of insurance as required by the
California Vehicle Code and proof of a valid driver's license, the operator of a vehicle may
be issued a temporary parking pass by the Director of Community Services or his designated
representative. The pass will entitle the holder to park or operate a vehicle during short term
use of park facilities. The pass must be displayed at all times on the front dashboard of the
vehicle or in a manner so that it is clearly visible through the windshield. (3373-11/97)
13.48.061 Vehicles—Speed. No person shall operate any wheeled conveyance of any type in
any park at a speed in excess of 10 miles per hour unless a greater speed is posted. The
maximum speed limit when pedestrians are present shall be five(5)miles per hour. (2851-8/86)
13.48.070 Animals. No person shall ride, lead or let loose any cattle,horse, mule,goat, sheep,
swine, cat, dog,fowl or animal of any kind in a park except that it shall not be unlawful to have
.dQgL physically restrained by a leash not in excess of six(6) feet, or tone orses on trails
specifically provided for them. No person shall permit a dog to be or remain unattended outside
a tent, camper or other enclosed vehicle between the hours of sunset and sunrise. No person
shall keep or permit to remain any dog which is noisy, vicious or dangerous or which disturbs
other persons within the boundaries of a park after such person has been directed by a park
ranger to remove such dog. No person shall trap,kill, injure, catch or maltreat any wild or
domesticated bird or animal; or destroy,remove or disturb any of the young or eggs of same,or
permit any dog to pursue,trap, kill or wound any wild or domesticated bird or animal, except
that the provisions of this section shall not apply to City employees regulating animal
populations that have been declared a nuisance or hazard by the Director consistent with laws
protecting such animals.
(434-3/40,564-10/50, 1026-2164, 1 246-1 016 6,2451-11180)
13.48.080 Boisterous conduct. No person shall maliciously or willfully disturb the peace or
quiet of a park or of any person therein,by loud or unusual noises,or by indulging in riotous,
boisterous, threatening, indecent or offensive conduct, or by using abusive,profane, indecent or
vulgar language. No person shall, within any park,disturb in any manner any picnic, meeting,
services,concert, exercise or exhibition. No person shall play or utilize any sound-amplifying
system within or upon any park or facility not set aside for such purpose by the City Council or
the Director. (434-3140,511-5/47, 1026-2/64,2451-11/80)
13.48.090 Gambling. No person shall gamble or engage in gambling. (1246-10/66)
13.48.100 Vending and peddling. No person shall expose or offer for sale any article or thing
nor shall he station or place any stand,cart or vehicle for the transportation, sale or display of
any such article or thing except by written permission from the Director. No person shall give,
set up or maintain any exhibition, show,performance, concert, lecture,entertainment or similar
activity without written permission to do so from the Director. No person shall for profit offer
sports camps, sports lessons or other similar activity on park property without the written
permission of the Director. (434-3140,511-3147,1026-2164,1246-10166,24 51-1 118 0,2824-4/87)
0
13.48.110--13.48.130 Huntington Beach Municipal Code
13.48.110 Alcoholic beverages. No person shall consume or have in his possession,custody or
control,either open or unopened, any alcoholic beverage of any kind whatsoever, except when
attending a function operating under an alcohol permit issued in accordance with Chapter 9.84 of
this code. No intoxicated person shall enter,be or remain in any park. (1026-2J64,2043-4f76,
2451-11/80)
13.48.120 Games and activities. It is unlawful for any person to take part in or abet the
playing of any activity which endangers the health, safety or welfare of the participant or any
person whomsoever in any park,except on fields and courts or areas specifically provided for
such games or activities or areas designated for such games and activities by the City Council or
Director. Such games and activities shall include,but shall not be limited to, the following:
(a) Baseball, tackle football, field hockey, rugby,cricket,golf,boxing,wrestling and the martial
arts.
(b) Wading,bathing,swimming,launching any type of boat, raft,air mattress,surfboard or to be
in or on any lake, stream or pond found in a City park.
(c) Flying any model airplane or helicopter,and launching any model fuel power boat,provided
that this subsection shall not prohibit the launching of model boats powered by battery or
sail.
(d) Carrying,transporting,possessing,discharging, firing or shooting over,onto or through any
park any firearm, air gun,bb gun, spring gun, slingshot, bow and arrow, crossbow, spear,
fireworks, firecracker, rocket,explosive of any kind or any other form of weapon potentially
dangerous to human beings or wildlife. This subsection shall not apply to law enforcement
officers.
(e) Fishing in any park lake other than those designated by the Director, during hours which are
authorized for such activity-
(f) Lighting or maintaining any fire except in a stove,barbecue grill, fire circle,portable stove or
barbecue grill approved by the Director.
(g) Erecting any barrier,whether string, wire,rope or chain, or placing any obstruction of any
kind across any path,trail or other area accessible to the public.
(h) Engaging in any other activity which endangers the health and safety of the public.
(1246-10/66, 1478-4/69, 1547-1/70,2451-11/80)
13.48.125 Safety regulations and signs. (3181-1/93)
(a) No person shall ride a skateboard at any skateboard park owned or operated by the City
whether supervised or not unless that person is wearing a helmet, elbow pads, and knee pads.
(3181-1/93)
(b) The Director of Community Services shall erect and maintain visible regulatory signs at all
skateboard parks owned and operated by the City that are not supervised on a regular basis.
Such signs shall afford notice that any person riding a skateboard in the facility must wear a
helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to
citation under Section 8.46.020 of this chapter. (3181-1/93)
13.48.130 Curfew. No person shall remain, stay or loiter on or about any such park between
the hours of 10 p.m. and 5 a.m. of the following day provided that this section shall not apply to
attendance at authorized community activities in the park. Any park,recreation center or part or
portion thereof may be closed to the public during an emergency, or when it has been determined
by the Director,a park ranger or police officer that the public health,safety or morals require
such
Huntington Beach Municipal Code 13.48.130--13.48.155
action. Such park,recreation center or part or portion thereof shall not be reopened except by
order of the City Council,City Administrator,Director, a park ranger or police officer.
(1246-10/66,2451-11180)
13.48.140 Advertising. No person shall announce, advertise or call the public attention in any
way to any article or service for sale or hire,or paste,glue,tack or otherwise post any sign,
picture,placard, advertisement or inscription whatever, or distribute any handbill, circular or
petition except by permission from the Director,provided that this section shall not apply to any
concession operating under lease granted by the City Council. (1248-10166, 2451-11/80)
13.48.145 Camping. The following City parks are hereby designated as camping facilities:
Lake Park,Farquhar Park,Huntington Central Park,and Norma Brandel Gibbs Park. No person
shall use any camping facility for overnight camping purposes without applying for and
obtaining written permission from the Director upon payment of the required fees established,
and amended from time to time, by resolution of the City Council of the City of Huntington
Beach.
The Director may designate areas within subject parks for camping and may promulgate
reasonable rules and regulations pertinent to the use of subject parks for camping purposes.
No person shall use or occupy a camping facility unless the fee, evidenced by a receipt,has first
been paid. (2w9-9I76,2451-1 vau)
13AS.150 Violations—Penalty. Any person violating any provision of this chapter shall,upon
conviction thereof,be guilty of a MISDEMEANOR, and subject to a fine of not more than five
hundred dollars ($500) or be imprisoned in the City or county jail for a period not to exceed
three(3)months,or both such fine and imprisonment. (1oa-2164, 1246-10/66)
13.48.155 Nuisance. It shall be deemed a public nuisance for any person to do or commit, or
cause to permit to be done or committed on or within the boundaries of any public park within
the City of Huntington Beach,any act as described in sections 13.48.010 through 13.48.150
hereof. (3295-8/95)
R A ROUTING SH T
INITIATING DEPARTMENT: Economic Development
SUBJECT: Approve License Renewal Agreements with Southern
California Edison for Arevalos Park & Edison Park
16- COUNCIL MEETING DATE: March 21, 2005
RCA AT "AHIENTS 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 (wlexhibits if applicable) AttachedNot Applicable ❑
(Signed in full b the CityAttome
Attached
Subleases, Third Party Agreements, etc. Not Applicable
(Approved as to form Py City Attome
Certificates of Insurance A the Cityached
(Approved b� Attome� Not Applicable
Fiscal Impact Statement (Unbudget, over $5,000) Attached
Not Applicable
❑
Bands (If applicable) AttachedNot Applicable
Staff Report (If applicable) AttachedNot Applicable
Commission, Board or Committee Report If applicable) Attached ❑
� � pp � Not Applicable
Findings/Conditions for Approval and/or Denial Attached
Not Applicable
EXPLA ATTON FOR MSSIND ATTACH1111EN "S
. ... .:REVIEWED RETURNED FOR WARM
Administrative Staff
Assistant Ci Administrator Initial
Ci Administrator Initial
City Clerk
JEXPLANA ON FOR RETURN OF ITEilll:
Only)(Below Space For City Clerk's Use
RCA Author: Holtz (5901)
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
;�
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: b
TO: , 0&dc- &1joA) ATTENTION: I TA—
NM 0,4ai u '. DEPARTMENT:00 A00AA&
streak
,J.S` " 13 REGARDING: N['G�
City,State,Zip _
QUA64 ]�M
See Attached Action Agenda Item Date of Approval (.1 w
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda item.
Remarks:
City Clerk
Attachments: Action Agenda Page Agreement ✓ Bonds Insurance
RCA Deed Other
CC-. ✓
Name nt RCA Ageemcnt Insurance Other
Name rtmettk RCA Agreement Insurance Other
. �LTA tit L.le� ✓ .�
Name Deparhnent RCA Agreenew htsutance (Rher
Nan- Degmunent RCA Agnxmrnt humane Other
Name DquwMxnt RCA Insurance
gAo1ovupAetters1covedtr.doc
ITelephone.714-536-5227)
Holtz, Steve
Full Name:
Last Name: Valco
First Name: Anita
Job Title: Right of Way Agent
Company: So Cal Edison
Business Address: 14799 Chestnut Street
Westminster, CA 92683
Business: (714) 536-6854
Business Fax: (714)934-0837
E-mail: valkoac@sce.com
r
TiSOUTHERN CALIFORNIA
EDISON
Aa EWSON INTERNATIONAL"Company
CORPORATE REAL ESTATE
14799 Chestnut Street
Westminster, CA 92683 (562) 491-3767
Fax: (562) 491-3764
To: of HvomtmDate: A
ft)( I Cl D, Property:
VIedyl, ff:12iq-0 Subject:, N,W„ & 11
Attn:
Gentlemen:
We are sending copies of the following items: -
Map �cense/Lease
C Letter T Legal Description
-w
Option Temporary Entry Permit
E. Other
These are transmitted for:
C Approval Signature/Acknowledgement
L Review/Comment - As Requested
E Other rVISP ldAIP.
Remarks:
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dot,...4 s C�u , nw, D VA na-0 aw, -Mnora C& I Voul-A4&I
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Signed: VV
cc: U
41
SCE 22.141-A REV a W
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORN[A 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
LETTER OF TRANSIUTTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUN VL GTON BEACH
DATE: 07-25-00
TO: Southern California Edison Company ATTENTION: Corporate Real Estate Dept.
Name
100 Long Beach Blvd. , Suite 1004 DEPARITAUKT: Real Estate Revenue Div.
Street
Long Beach, CA 90802 REGARDING: Park License Agreement
City,State,Zip for Arevalos Park
See Attached Action Agenda Item E-18 Date of Approval 07-17-00
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
41"4 �'sC/
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds Insurance
RCA Deed Other
CC: J. Reekstin Admire Sery x x
Name Department RCA Agreement Insurance Other
M. Lamb Real Estate x x
Name Department RCA Agreement Insurance Other
Name Department RCA Ageement Insurance Other
Name Department RCA Ag,eement Insurance Other
Risk Management Dept. Insurance
G:Followup/Letters/coverltr
(Telephone:714-536-5227)
Council/Agency Meeting Held: �7 — 1 7 - 00
Deferred/Continued to:
Approved ❑ Conditionall Approved ❑ Denied
1t- City Cl ASignature
Council Meeting Date: July 17, 2000 Department ID Number: AS 00-032
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION w..
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator oW
PREPARED BY: JOHN REEKSTIN, Adminstrative Services Director
SUBJECT: APPROVE PARK LICENSE AGREEMENT WITH SOUTHERN-"
CALIFORNIA EDISON COMPANY FOR AREVALOS PARK
1F
Statement of Issue,Funding Source,Recommended Action,Alternative Actions},Analysis,Environmental Status,Attachments
11,
Statement of Issue: Should the City of Huntington Beach enter into a five (5) year license
agreement with Southern California Edison Company ("SCE") for the approximate 2.6 acres
which comprises Arevalos Park?
Funding Source: Park Acquistion and Development Fund, $520 per year for five years.
Recommended Action:
(1) Approve and authorize the Mayor and the City Clerk to execute the license agreement
with Southern California Edison Company to utilize the 2.6 acres of property for
Arevalos Park for five years at $200 per acre per year.
Alternative Action(s):
(1) Discontinue use of Edison property for parkland at Arevalos Park.
Analysis:
Since 1969, the city has rented right-of-way land from Southern California Edison Company
for use as park sites. Arevalos park is located to the west of Arevalos elementary school and
contains a playground set and open space for passive use. The city currently rents
approximately 37 acres at 6 different city parks from SCE.
*QUEST FOR COUNCIL ACAN
MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: AS 00-032
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1 License Agreement
RCA Author: M. LAMB
RCA Arevalos Park SCE License -2- 07/0710010:26 AM
•
ATTACHMENT 1
i •
CITY OF HUNTINGTON BEACH
RP File No. P70SO61-1-33
Property No. POHBE858F62
Account No. 2145
L I C E N S E A G R E E M E N T
INDEX
1. USE
2. TERM
3. CONSIDERATION
4. INSURANCE jModified)
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 (Modified)
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 jModified)
27. TERMINATION
28. EVENTS OF DEFAULT
29. REMED.IES
30. NON-POSSESSORY INTEREST
31. WAIVER
32. AUTHORITY
33. ATTORNEY FEES
34. ELECTRIC AND MAGNETIC FIELDS
35. NOTICES
36. RECORDING
37. COMPLETE AGREEMENT
_ADDENDUM
PARK USE
Licensee Copy
RP File No. P70SO61-1-33
Property No. POHBE858F62
Account No. 2145
LICENSE AGREEMENTl� 2�
l
THIS AGREEMENT, made as of the �day of ,
between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under 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 further described as follows:
That portion of Section 5, Township 6 South, Range 10,West, San Bernardino Meridian, as
per map recorded in Book 51, page 14 of Miscellaneous Maps in the office of the County Recorder of
said County, more particularly described as follows:
Beginning at the Northeasterly comer of Lot 71 of Tract No. 4707 as shown on a map of
said Tract 4707 recorded in Book 209, page 33 through 35, inclusive, of Miscellaneous Maps Records
in the office of the County .Recorder of said County, said Northeasterly corner also being located on the
Westerly line of the Southern California Edison Company Right of Way as described and recorded in
Book 4065, page 367 of Official Records in the office of the County Recorder of said County; thence
North 14 ° 31' 15" East 702.20 feet, more or less, along said Westerly line of the Southern California
Edison Company Right of Way to the Southerly corner of Lot 38 of Tract No. 4884 recorded in Book
189, pages 8 through 10, inclusive, of Miscellaneous Maps Records in the office of the County Recorder
of said County; thence South 75' 28' 45" East 174.00 feet to a point on the Easterly line of said
Southern California Edison Company Right of Way; thence South 14" 31' 15" West, 702.20 feet, more
or less, along said Easterly line of said Southern California Edison Company Right of Way; thence
North 750 27' 45"West, 174.00 feet to the Point of Beginning.
The hereinabove described licensed property is shown on the print attached hereto, marked
Exhibit"A", said print being for information purposes only.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record :
1. Use: Licensee will use the Property for park 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 28.
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2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect
for a term of five (5) years commencing on the first day of April, 2000 and ending on the last day of
March, 2005. 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: Licensee will pay to Licensor the sum of Five Hundred Twenty and
00/100 Dollars ($520.00) upon the execution and delivery of this Agreement for the first year, Five
Hundred Twenty and 00/100 Dollars ($520.00) for each succeeding year of the Agreement term,
payable annually in advance of the first day of April.
All payments subsequent to the initial payment will be paid to the Southern California Edison
Company, Post Office Box 800, Rosemead, California, 91770, Attention: Corporate Accounting
Department- Accounts Receivable.
All accounts not paid within 30 days of the agreed upon due date will be charged a late fee on all
amounts outstanding.
4. Insurance: During the term of this Agreement, Licensee shall maintain the following
insurance:
(a) Workers' Compensation with statutory limits, in accordance with the laws of the State
of California and Employer's Liability with limits of not less than $500,000. Licensee
shall require its insurer to waive all rights of subrogation against Licensor, its officers,
agents and employees, except for any liability resulting from the willful or gross
negligent acts of the Licensor.
(b) Commercial General Liability Insurance, including contractual liability and products
liability, with a combined single limit of$2,000,000.00. Such insurance shall: (i) name
Licensor, its officers, agents and employees as additional insureds, but only for
Licensee's acts or omissions; (ii) be primary for all purposes and (iii) contain standard
cross-liability provisions.
(c) Commercial Automobile Insurance with a combined single limit of $1,000,000. Such
insurance shall: (i) cover the use of owned, non-owned and hired vehicles on the
Property and (ii) name Licensor, its officers, agents and employees as additional
insureds.
Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance,
pursuant to Section 35 "Notices," at least ten days prior to the effective date of this Agreement. Such
insurance shall not be canceled nor allowed to expire nor be materially reduced without thirty days
prior written notice to Licensor. A City of Huntington Beach Certificate of self insurance sh&U be
acceptable.
S. 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.
6. Licensee's Improvements: Licensee must submit, for Licensors prior written approval,
complete improvement plans, including grading plans, identifying all existing and proposed
improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee must
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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 Licenser's right to terminate in accordance with Article 27.
7. Licensee's Personal PropeM: 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 Limitations: 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 twenty five (25) 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. Access and Clearances: Licensee will provide Licensor with adequate access to all of
Licenser'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-ride 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.
NOTE: Additional clearance shall be required for structures and other material improvements.
10. Parkin . 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. Flammables. 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 and Herbicides: Any pesticide or herbicide applications and disposals will be
made in accordance with all federal, state, county and local laws. All horticulture Licensees are
required to provide a copy of the annual License for Pest Exclusion/Nursery Program from the State of
California, Department of Food and Agriculture_ 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
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materials contaminated by such substances, including but not limited to, containers, clothing and
equipment in the manner prescribed by law.
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. To the extent permitted by law, 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. Signs: Licensee must obtain written approval from Licensor prior to the construction
or placement of any sign, signboard or other form of outdoor advertising.
15. Fencing: 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 Equipment: 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 (90%). 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, Assessments and Liens: 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
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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.
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 of Huntinp_ton Beach - Park Use: To the extent permitted by
law, City hereby agrees to protect, defend, indemnify and hold harmless Edison, its officers and
employees, against any and all liability, claims, judgment 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 Licensor 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.
-5-
(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 ("EMF"I: There have been numerous scientific studies
about the potential effects of power-frequency electric and magnetic field ("EMF"). There are several.
sources of EMF, including household appliances and electric power facilities. After many years of
research, scientists have not found that exposure to power-frequency EMF causes disease in humans.
Research on this topic is continuing. Whenever anyone plans to license Edison property that is in close
proximity to Edison electrical facilities. Edison wants to share with those involved in the development,
information or literature it has about EMF. Should Licensee wish, brochures will be made available,
upon request, that explain some facts about EMF and that outline Edison's policy in this area. Please
let Edison know if you have questions or wish to have additional information.
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33. 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
Corporate Real Estate Department
Real Estate Revenue Division
100 Long Beach Blvd. Suite 1004
Long Beach CA 90802
To Licensee: City of Huntington Beach
P. O. Box 190
Huntington Beach, CA 92648
Business Telephone No. (714) 536-6551
Licensee will immediately notify Licensor of any address change.
36. Recording: Licensee will not record this Agreement.
37. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions
and any addenda 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
Bye.a=
ENSOR
ALICE LIKELY
Licensing Specialist
Real Estate Revenue
Corporate Real Estate Department
CITY OF HUNTINGTON BEACH
By &A- ~
MAYOR ICENSEE
ATTEST: � APPROVED AS F RM: � F
7 7 a-411
CITY CLERK qAs q,--CITY ATTORNEY 7-7-o c)
REVIEW D ROVED: INITIATED AND APPROVED:
CITY MINISTRATOR `
DIRECTOR OF COMMUNITY SERVICES
-7-
5 �
ADDENDUM
PARK USE
A. Licensee must obtain the prior written approval from Licensor for the installation of any
facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe
condition satisfactory to Licensor.
B. At any time, Licensor may require the relocation of any portion of the facilities. Licensee will
relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after
receiving notice to relocate from Licensor.
C. At Licensee's expense, Licensee will post signs at all access points to the Property that read:
"No Bite Flying, Model Airplanes or Balloons Permitted, High Voltage Wires Overhead."
D. At Licensee's expense, Licensee will post signs at all access points of the Property that read: "No
Motorcycles, Motorbikes, Horseback Riding or Hunting Permitted."
E. Licensee must close the park at any time Licensor deems it necessary for the safety of the
general public. If it is necessary to close the park for a period of more than three days, Licensee
will notify the general public of the closure by posting at all access points to the property.
F. At Licensee's expense, Licensee will install removable post-type barriers designed to
accommodate Licensor's locks, to prevent unauthorized vehicular use or parking, including but
not limited to, motorcycles, off-road vehicles, and "all-terrain"vehicles.
G. At Licensee's expense, Licensee will provide fencing or trespass discouragers on Licensor's
towers.
H. Licensee must design and construct all walkways, underground sprinkler systems, lighting
facilities, and drains to be capable of withstanding a gross load of forty (40) tons on a three-axle
vehicle.
jaw 12/2/99
Licensee's Initials
-8-
t TOWERS,
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RCA ROUTING 9HEET
INITIATING DEPARTMENT: Administrative Services
SUBJECT: Approve License Agreement with 5outhem Caltftirriia
Edison for Arevatos Park
COUNCIL MEETING DATE: July 17, 2000
RCA ATTA C H M E ITS STATUS
.Ordinance (w/exhibits& legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey) Attached
Certificates of Insurance (Approved by the CityAttomey) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED D.
....... .
Administrative Staff ( } ( )
Assistant City Administrator (Initial) ( } ( )
City Administrator (Initial) { } ( )
City Clerk ( )
EXPLANATION:FOR.RETURN:O'F ITEM
(BelowOnly)
RCA Author: M. LAMB
r
RENEWAL OF LICENSE
RP File No. SO4-70-061DW
IT IS MUTUALLY AGREED that the License Agreement entered into
on June 1, 1987, between SOUTHERN CALIFORNIA EDISON COMPANY, a
corporation, as Licensor, and CITY OF HUNTINGTON BEACH as Licensee,
covering that certain real property in the County of Orange, State of
California, as described in said license and being the parcel delineated on
the print attached hereto and made a part hereof, marked Exhibit "A" is
hereby renewed and extended for the further term beginning on April 1,
1990. and ending on March 31, 2000, unless sooner terminated, as
provided for in said License.
CONSIDERATION:
Licensee agrees to pay to Licensor the sum of Two Hundred Sixty and
00/100 Dollars ($260.00) upon the execution and delivery of this license for
the first year of said license, and Two Hundred Sixty and 00/100 Dollars
($260.00) for each succeeding year of said license term, payable annually it 1
advance on the 1st day of April of each succeeding year of said license term.
All payments subsequent to the initial payment should be paid to the
Southern California Edison Company, Post Office Box 800, Rosemead, CA
91770, Attention: Corporate Accounting Department - Financial Accounting.
All accounts not paid within 30 days of the agreed due date will be charged a
"late charge" at the maximum rate allowed by law.
Except as otherwise herein provided, it is mutually understood and
agreed that all the terms, covenants, and conditions of said License
Agreement shall be and remain in full force and effect.
DATED as ofp
SOUTHERN CALIFORNIA EDISON COMPANY
(Licensor)
By
A. E. Knudsen
Regional Manager
Land Services Division
Real Properties
and Administrative Services
CITY HUNTINGTON BEACH
By
MayoPro Tempore
ATTEST:
9City Attorney
may: uuc.y- City AttorneyBy r40'
I
City Clerk
Community Services Department
P.O.Box 190
Huntington Beach, CA 92648
RW 63 A Rev. 10/86 /bjw
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�, , ► CITY OF HUNTINGTON BEACH
Lo. 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
May 1 , 1990
Southern California Edison Company
7333 Bolsa Avenue
Westminster, California
Attn: M. D. Martin
Enclosed is an executed copy of Renewal of Park License Agreement for
Arevelos Park and a check in the amount of $260. for the first year's
rent. This renewal was approved by the City Council of the City of
Huntington Beach on April 16, 1990.
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone: 714-536-52271
Southern California Edison Company
7333 BOLSA AVENUE
WESTMINSTER. CALIFORNIA 92683
M. D. MARTIN TELEPHONE
MANAGER.HUNTINGTON BEACH i714)995-0255
March 15, 1990
Jim Engle, Community Service Director
City of Huntington Beach
P. O. Box 190
Huntington Beach, CA 92648
SUBJECT: Licence Renewal - Arevalos Park
Our File No. SO4-70-061DW
Dear Jim:
The enclosed agreement has been prepared at your request. It has
been executed on behalf of the Southern California Edison
Company.
The copy marked "Licensee's" is for your records. Please have a
duly authorized official sign the copy marked "File Copy" in the
space provided and return to me in the enclosed envelope.
Also, please enclose your check in the amount of $260. 00 for the
first year' s rent. Subsequent years will be billed directly by
our Financial Accounting Department. This agreement is not valid
until we have received the signed agreement and the check.
In addition, we are requesting to have the City of Huntington
Beach provide evidence of liability insurance in the amount of $2
million. If the City of Huntington Beach is a member of a joint
powers liability authority, a description of the authority and
its assets, etc. , will be required.
If you have any questions, please call me.
Yours truly,
MDM:dt
Attachment
0
Sr ZUR Y Ime U L COUNCIL ACTION
Date April 16� 19,90 c;,
Submitted to: �'AK
�rM
e H ,--, a Mayor and City Council
n�rn
Submitted by:
Michael T. Uberuaga, City AdministratorV-
LA—
Prepared by:
Jim B. Engle, ing Director, Community Services
Subject: PARR LICENSE A EEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY
Consistent with Counciffllicff"ALM YARR [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
STATEMENT OF ISSUE
The park license agreement with Southern California Edison Company for the
right-of--way area in Arevalos Park expired March 31 , 1990.
RECOMMENDATION
Approve the attached Renewal of License for Arevalos Park and authorize the
Mayor to execute same.
ANALYSIS
Since 1969, the city has rented right-of-way land from the Edison Company for
use as park sites . Subject agreement involves 2. 6 acres located northeast of
Adams and Yorktown Avenues . The Edison Company leases its right-of-way
property for $100 an acre per year. The agreement is for a term of ten
years, $260 per year.
FUNDING SOURCE
Park Acquisition and Development Account
ALTERNATIVE ACTION
Discontinue use of this property and reduce maintenance costs accordingly.
ATTACHMENT
Renewal of License
JBE:cs
l
PIa 4184
CITY OF HUNTINGTON BEACH
P.O. BOX 190 HUNTINGTON BEACH, CA 92648
DATE P.O. !NUMBER GROSS AMOUNT DISCOUNT NET AMOUNT
FS- - b OW 260.00 0.00 260.00
I
TOTA LS 260.00 .00 2 6 0.0 0,
CITY OF HUNTINGTON BEACH i1220
P. O. Box 190 NUMBER
HUNTINGTON BEACH,CALIFORNIA
i
I
PAY TO THE ORDER OF
[]ATE NUM REF NFT AMONNT
SOUTHERN CALIF EDISON CO 04-25-90 11655 � � �*****260.00
7333 BOLSA AV E
WESTMINSTER CA
92683
CITY OF
VOID UNLESS PRESENTED FOR ENCASHMENT �q)�_+_ pI I NTINGTON BEACH
WITHIN 90 DAYS FROM DATE OF ISSUE.
i
Sanwa BankCalifornia
HUNTINGTON BEACH OFFICE f
6100 WARNER AVENUE
HUNTINGTON BEACH, CA 92847
il� L L65 5 1Iii' j: 2 20 3 28 L 71: 0 20900 2094u■
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
RISK MANAGEMENT DIVISION
(714) 536-5990 S.I.C. 9-001
Issued 5/16/89
CERTIFICATE OF SELF-INSURANCE
This is to certify that the City of Huntington Beach, California is a
self-insured public entity. The City is self-insured for Liability and
Worker's Compensation.
Suitable cash reserves are maintained to afford coverage for anticipated
uninsured losses. City will furnish ten (10) days written notice of any
changes in the above.
ATTEST: APPROVED AS TO FORM:
Connie Brockway Gail Hutton J= /A -SrS G�
City Clerk City Attorney
INITIATING DEPARTMENT:
Edward H. Thompson
Risk Manager
This form provided to the Southern California Edison Company, 7333 Bolsa
Ave. , Westminster, CA 92683 in conjunction with the Park License Agree-
ments File #04-70--054 Gisler Park, 04-69-076 Edison Park, 04-70-061
Arevalos Park, 04-68T-030 LeBard Park, 04-71--049 Edison Community Center,
and 04-81--024 Langenbeck Park.
Address inquiries regarding City insurance. coverage and limits to the
Risk Manager. All claims shall be filed with the City Clerk, 2000 Main.
St. , Huntington Beach, CA 92648.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
June 4, 1987
Southern California Edison Co.
Real ProQerties Department
Property Management Section
P.O. Box 410
Long Beach, CA 90801
Attn: R. J. Juliff, Manager of Real PrODerties
Enclosed are the followinq Park License Agreements between the Lity of
Huntington Beach and Southern California Edison Company which were
approved by the Huntington Beach City Council on June 1, 1987.
Edison Center #04-71--049CH
Langenbeck Park #04-81-024CH
Edison Park #04-69-076CH
Gisler Park #04-70-054CH
Arevalos Park #04-70-061CH
LeBard Park #04-68-030CH
Also enclosed is a Certificate of Self-Insurance duly_ executed by the
City.
ALICIA M. WENTWORTH, CITY CLERK
By
Connie Brockway, Deputy
REQUES'*OR CITY COUNCILOCTION
Date - May 11 , 1987
Submitted to: The Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrator(` � ±
Prepared by: Melvin M. Bowman, Director, Community Services �vU,GI"►
C
Subject: PARK LICENSE AGREEMENTS AYPRQ� D , !_.
Consistent with Council Policy? [jJ Yes { ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments:
STATEMENT OF ISSUE
Due to a problem with indemnification requirements , the park license
agreements with Southern California Edison Company have not been
formally renewed since 1982 .
RECOMMENDATION
Approve the attached park license agreements for LeBard Park, Edison
Community Park, Langenbeck Park, Edison High School Park, Arevalos
Park and Gisler Park, and authorize the Mayor to execute same.
ANALYSIS
Beginning in 1969, the city has rented right-of-way land for use as
neighborhood park sites from the Southern California Edison Company
for $100 an acre per year. The attached agreements represent over 36
acres of city developed parkland. In 1981 , the City Attorney ' s Office
advised that the park license agreements could not be approved due to
the hold harmless requirement of Edison. Pursuant to a recent letter,
Edison will now accept a statement of self-insurance from the city to
satisfy the indemnification requirements .
FUNDING
Account �90380, Park Acquisition and Development Fund
ALTERNATIVE ACTIONS
Discontinue the use of this land and reduce maintenance costs accord-
ingly.
ATTACHMENTS
Park License Agreements
Certificate of Self-Insurance
MMB: cs
10
Southern California Edison Company '
19171 MAGNOLIA AVENUE
HUNTINGTON BEACH, CALH`0RNIA 92646
H.W.COMPTON October 20 , 1982
MANAGER,HUNTINGTON BEACH
Mr. Vincent G. Moorhouse
Community Services Director
City of Huntington Beach
P. O. Sox 190
Huntington Beach , Ca. 92648
Dear Mr. Moorhouse ;
SUBJECT : Huntington Beach--Ellis 220 kV T/L R/W
South of Yorktown Avenue
Park Licensek
Fife No . 04-70�061 CH
The enclosed Agreement has been prepared at your request.
It has been executed on behalf of the Southern California
Edison Company .
The copy marked "Original" is for your records . Please
sign the copy marked "Vault Copy" in the space provided.
This license is for a term of three years from April 1 ,
1981 through March 31 , 1984 , for an annual rental of
$260 . 00 . A payment of $520 . 00 is now due for the first
and second years of the term of this License . The sub-
sequent year will be billed directly by our Financial
Accounting Department .
Please enclose your check in the amount of $520 .00 , and
the signed "Vault Copy" of the License in the enclosed
envelope and return to us .
Very truly yours ,
HWCeimr
Enclosure
J� City of Huntington Beach
P.O. BOx ISO CALIFORNIA 1111"
OFFICE OF THE CITY CLERK
March 26, 1976
Southern California Edison Company
P. 0. Box 800
Rosemead, CA 91770
Attention: R/W & Land Dept.
Gentlemen:
The City Council of the City of Huntington Beach at its regular
adjourned meeting held Monday, March 22, 1976 approved the lease
renewal document between the City and Southern California Edison
Company at $130 per year, for the two + acres of Southern California
Edison Company property adjacent to Arevalos School and the Santa
Ana River, leased by the City five years ago and since developed
as Arevalos Neighborhood park.
A duly executed copy of said lease is enclosed for your records.
Sincerely yours,
Alicia M. Wentworth
City Clerk
AMW:lo
Encl.
J., ' CITY CW HON11YINGTON BEl H
INTER-DEPARTMENT COMMUNICATION
HUNTNVGTON BEACH ,y..
To Honorable Mayor & City Council From Mr. Norm Worthy, Director
Attn: David D. Rowlands Recreation, Parks .and :Human
City Administrator Services
Subject Renewal of Arevalos Park Lease: Date March 10, 1976
Southern California Edison Co. .
Attached is lease renewal document which describes the 2+ acres
of Southern California Edison property adjacent to Arevalos School
and the Santa Ana River which the, City has .leased from th .5 :' ears
ago and since developed. as Arevalos. neighborhood park.
RECOMMENDATION
o execute t e lease renewal with. Southern Ga4 fornia Edison
at the same rate of $130. per year for continued occupancy ,and
use of Arevalos neighborhood park.
Respectfully submitted,
arm or thy, Dir ctor
Recreation, Parks and Huron Services
NW:ac
cc: Recreation F Parks Commission
NO FISCAL IMPACT
FISCAL IMPACT -- BUDGETED ✓�
FISCAL IMPACT -- NCT BUDGETED—. MAR 1 1976
REQUIRES FINANCIAL IMPACT REPORTS CITY OF NUI+ INGrDN BFACt!
ADiV 1KISTIMTIUE .0FFT_E
1