HomeMy WebLinkAboutSCE - Southern California Edison - 1994-09-06 (7) REQUEJ F I `- &OUNCIL ACTION
Date September 6, 1994
The Honorable Mayor and City Council APPROVED BY CITY COUNCIL
Submitted to:
Michael Uberuaga, City Administrate - �� 199 5t
Submitted by:
Sf At: O
Prepared by: Ron Hagan, Director, Community Services I� rrYCL 'x
Subject: PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON COMPANY FOR LEBARD NEIGHBORHOOD PARK
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: �.
STATEMENT OF ISSUE
The five-year license agreement with Southern California Edison Company for rental
of two acres of Edison right-of-way for neighborhood park purposes (LeBard
Neighborhood Park) expires October 1, 1994.
RECOMMENDATION
Approve the license agreement with Southern California Edison Company to utilize
two acres of Edison easement property at LeBard Neighborhood Park for five years
at $100 per acre per year, and authorize the Mayor to execute same.
ANALYSIS
The city originally entered into a license agreement with Southern California Edison
Company on March 18, 1969, to utilize two acres of Edison property adjacent to
LeBard Neighborhood Park at Indianapolis Avenue and the Santa Ana River. The
Edison Company charges $100 an acre per year for its property. The proposed lease
is for five years.
FUNDING SOURCE
Park Acquisition and Development Fund, $200 per year.
ATTACHMENT
License Agreement
Location Map
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September 14, 1994
Southern California Edison Company
Real Properties and Administrative Services
Land Services Division
500 N. State College, Suite 750
Orange, CA 92668
Gentlemen:
The City Council of the City of Huntington,Beach at its regular meeting held Tuesday,
7° September 6, 1994 approved the j?icense agreement with Southern California Edison Company to
utilize two acres of Edison easement property at LeBard Neighborhood Park for five years at$100
per acre per year.
Enclosed is your copy of the License Agreement and the Certificate of Self-Insurance.
If you have any questions regarding this matter,please contact our office-536-5227.
Sincerely,
Connie Brockway, CMC
City Clerk
Evelyn Schubert &tr.-a ev,Z
Deputy City Clerk / Q .6L-P-44. aY— �Lti X'
Enclosures c%1,4-„ e' `',$'" "4-4'r`-1.—
g:cc\Edison
n CITY OF HUNTINGTON BEACH
co) 2000 MAIN STREET CALIFORNIA 92648
RISK MANAGEMENT DIVISION
(714) 536-5990
Certificate Number: 94-008
Date Issued: 4/29/94
CERTIFICATE OF SELF-INSURANCE
This is to certify that the City of Huntington Beach, California, is self-insured
for general liability and for workers' compensation claims. Sufficient cash
reserves to afford coverage for uninsured losses are maintained at $1,000,000.
Thirty days advanced written notice will be provided in the event of changes
to the reserves or self-insured status as indicated.
INITIATING DEPARTMENT:
Karen S. Foster, Risk Manager
ATTEST: APPROVED AS TO FORM:
&236401'
Connie Brockway, City 'erk Gail Hutton, Clity Attorney
Purpose for certificate issuance: This certificate is issued at the
request of Ron Hagan, Director of Community Services of the City
of Huntington Beach in conjuction with the Park Lease Agreement
#P68S030-1-33 (LeBard Park) . This form is provided to Ron Hagan
for delivery to So. California Edison Co. , 500 N. State College,
Orange, CA.
Address all inquiries regarding insurance coverage and limits to Karen S.
Foster, Risk Manager. Any claims against the City of Huntington Beach shall
be filed with the Department of the City Clerk.
DRUG USE
IS
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A, -E. J CITY OF HUNTINGTON BEACH
2000 MAIN STREET . CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 30, 1994
Southern California Edison Company
Real Properties and Administrative Services
Land Services Division
500 N. State College, Suite 750
Orange, CA 92668 •
•
The City Council of the City of Huntington Beach at their meeting held September 6, 1994
approved the License Agreement between Southern California Edison Company and the City of
Huntington Beach.
Enclosed is an original executed agreement for your records. If you have any questions regarding
this matter,please call the Office of the City Clerk (714)536-5227.
Connie Brockway, CMC
• City Clerk
Evelyn Schubert
Deputy City Clerk
cc: Ron Hagan, Director Community Services
g:cc\cbmem\socaedco
(Telephone:714-536-5227)
s •
CITY OF HUNTINGTON BEACH
RP File No. P68S030-1-33
LICENSE AGREEMENT
INDEX
1. USE
2. TERM
3. CONSIDERATION
4. LIABILITY INSURANCE
5 LICENSOR'S USE OF THE PROPERTY
6. LICENSEE'S IMPROVEMENTS
7. LICENSEE'S PERSONAL PROPERTY
8. HEIGHT LIMITATIONS
9. ACCESS AND CLEARANCES
10. PARKING
11. FLAMMABLES, WASTE AND NUISANCES
12. PESTICIDES AND HERBICIDES
13. HAZARDOUS WASTE
14. SIGNS
15. FENCING
16. PARKWAYS AND LANDSCAPING
17. IRRIGATION EQUIPMENT
18. UNDERGROUND TANKS
19. UNDERGROUND FACILITIES
20. UTILITIES
21. TAXES, ASSESSMENTS AND LIENS
22. EXPENSE
23. ASSIGNMENTS
24. COMPLIANCE WITH LAW
25. GOVERNING LAW
26. INDEMNIFICATION
27. TERMINATION
28. EVENTS OF DEFAULT
29. REMEDIES
30. NON-POSSESSORY INTEREST
31. WAIVER •
32. AUTHORITY
33. ATTORNEY FEES
34. ELECTRIC AND MAGNETIC FIELDS
35. NOTICES
36. RECORDING
37. COMPLIci AGREEMENT
ADDENDUM
PARK USE
RP File No. P68S030-1-33
LICENSE AGREEMENT c�
THIS AGREEMENT, made as of the day of !.mac p,�,J , 19 1 L( ,
between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation • ganized 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.
That property located in the City of Huntington Beach, County of Orange, State of
California, further described as follows:
That portion of the Northwest quarter of Section 8, Township 6 South, Range 10 West, San
Bernardino Base and Meridian, and that portion of Lot 1 of the J.A. Day Tract, as per map recorded in
Book 4, page 50, of Miscellaneous Maps, in the office of the County Recorder of said County.
SUBJECT TO:
Covenants, conditions, restrictions, reservations, exceptions, rights and easements,
whether or not of record, including, but not limited to, the following:
That certain unrecorded Agreement for Joint Use of Road, dated April 26, 1962, between
County Sanitation District No. 1 of Orange County and Southern California Edison Company.
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.
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 October, 1994 and ending on the last
day of September, 1999. 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 Two Hundred and 00/100
Dollars ($200.00) upon the execution and delivery of this Agreement for the first year; Two Hundred
Dollars and 00/100 Dollars ($200.00) for the second year; Two Hundred and 00/100 Dollars ($200.00)
for the third year; Two Hundred and 00/100 Dollars ($200.00) for the fourth year; and Two Hundred
and 00/100 Dollars ($200.00)for the fifth year of the Agreement term, payable annually in advance on
the first day of October of each succeeding year of the Agreement term.
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 - Financial Accounting.
All accounts not paid within 30 days of the agreed upon due date will be charged a ten percent (10%)
"late fee" on all amounts outstanding or at the maximum rate allowed by law.
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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 One Million and 00/100 Dollars ($1,000,000.00) 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, 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 Property: 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 seventeen (17) feet from all overhead electrical conductors.
All trees, and plants on the Property will be maintained by Licensee at a maximum
height of fifteen (15) feet. If requested by Licensor, Licensee will remove any tree and/or other
planting.
9. 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 of sixteen (16) feet in width,
together with commercial driveway aprons and curb depressions capable of supporting a gross load of
forty (40) tons on a three-axle vehicle. Unless otherwise specified in writing by Licensor, Licensee will
make no use of the area directly underneath Licensor's towers and will maintain the following
minimum clearances at all times:
a. A 25-foot-radius around all tower legs.
b. A 10-foot-radius around all steel and wood poles.
10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow
parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically
approved in writing by Licensor.
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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. 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.
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.
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21. Taxes.Assessments and Liens: Licensee will pay all taxes and assessments which may
be levied upon any crops, personal property, and real property, 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 ten percent (10%)
"late fee" on all amounts outstanding or at 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. Compliance with Law: Licensee will comply with all applicable federal, state, county
and local laws, all covenants, conditions and restrictions of record and all applicable ordinances,
zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public
authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent
thereto. Licensee will obtain all permits and other governmental approvals required in connection
with Licensee's activities hereunder.
25. Governing Law: The existence, validity, construction, operation and effect of this
Agreement and all of its terms and provisions will be determined in accordance with the laws of the
State of California.
26. .Indemnification: City hereby agrees to protect, defend, indemnify and hold harmless
Edison, its officers and employees, against any and all liability, claims, judgments costs and
demands, including those resulting from death or injury to persons and damage to Edison's property,
arising directly or indirectly out of the use of the Property by the City and the public. This
indemnification does not include any liability, claims,judgment, costs and demands which 1) arise
out of the negligence or willful misconduct of Edison or 2) which does not arise out of the City's or the
public's use of the property as a park.
27. Termination: This Agreement may be cancelled 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.
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(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
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.
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* 34. Electric and Magnetic Fields: In recent years there have been numerous scientific
studies about the effects of electric and magnetic fields (EMF). There are several sources of EMF,
including household appliances and electric power facilities. Scientists do not agree on how to
interpret the currently available information. There is agreement, however, that this is an important
issue that should be resolved. Whenever anyone plans to license Edison property that is in close
proximity to Edison electric facilities, we want to share with them the balanced information or
literature we have about EMF if they are interested. We have attached to this license an Edison
brochure that explains some basic facts about EMF and outlines Edison's policy in this area. Please
let us know if you have questions or wish to have additional information.
35. Notices: All notices required to be given by either party will be made in writing and
deposited in the United States mail,first class, postage prepaid, addressed as follows:
To Licensor: Southern California Edison Company
Real Properties and Administrative Services
Land Services Division
500 N. State College, Suite 750
Orange, CA 92668
To Licensee: City of Huntington Beach
Parks&Rec. Dept.
P.O.Box 190
Huntington Beach, CA 92648
Business Telephone No. (714) 536-5286
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 addendums and exhibits attached hereto constitute the entire Agreement between
the parties.
•
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1
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.
tcA SOUTHERN CALIFORNIA EDISON COMPANY
LICENSOR
A. J. APARICIO
Real Properties Agent
1 ' ' Land Services Division
Real Properties and
Administrative Services
3 !
CITY OF HUNTINGTON BEACH
B ✓1..
Mayor LICENSEE
js
APPROVED AS TO FORM: i ATTEST.
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TltyAttor',, -. i(zr $/,#/yy City Clerk �3 9Y
E � D APPR D- INITI D D 'APPROVED:
a
City Administra or Dir or Community 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 Balloons Permitted, High Voltage Wires Overhead".
D. At Licensee's expense, Licensee will post signs at all access points to 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 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 service 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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....: . 1 P. I. D. NO. 5012004 - . / / . , f- . . :• LICENSED To CITY OF
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-R/W File NO. . 04-68-030 • ' . • sc .x • I :ZOO' _SURVEYOR -Aa
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pLorrEo BY' :771?(-; FIELD BOOK
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•• ;._ CHECKED BY •
CALCULAY1ONS • i SOUTHERN CALIFORNIA EDISON COMPANY .,
•DATE i--21-CA •
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