Loading...
HomeMy WebLinkAboutSCE - Southern California Edison - 1977-05-16 (2) Southern California Edison Company 1911k MAy NOIIA AVENUE HUNTINGTON BEACH GALLFORN1A JZtI46 +w AIVAQER,KVNTINGTON BEACH January 2, I y$Q. City of Huntington Leach Post. Office Box 190 ftiti.ngton Beach., California 92648 Centl.emn: Subject: Bola Substation Site Excess) Material Storage License R/4t' File No. 04-77-003-CH 11w enclosed Agreement has beon prepared at your request.. It has been executed chn behalf of the Southern California Edison Company. The original is for your records. Please sign the copy in -ie spare provided and return it promptly to us in the enclosed envelope. Tease enclose your check in the ar-ount of $193 for the first year's rent. Subsequeit years will be billed directly r/ our Financial. Accountin-g DBpartment. This Agreement is not valid until we have received your check in t-t above wount. I£ you have any questions concerning this Agreement, please feel free to call me at they above nua:)er. Very truly yours, 1.1, W. rcwpton, Manager fait :ngt 3n Beach M4C/ngg Iaclosu s r�= REQUEST FOR G1?'Y COUNCIL. ACTION Submitted by PAUL E. COOK � _ Department PUBLIC WORKS Date Prepared January 7, 1980 19_ Backup Material Attached Iq Yes No Subject License Agreement to use Excess Edison Site for Material Storage City Administrator's Comments APPROVE AS RECOHMEUDED. APPRO'VrD By CITY (-0V`ZFtt' CITY CLERK Statement of issue, Recommendation,Analysis, Fundsng Source, At-ernative Actions: STATEMENT OF ISSUE_ L? The License Agreemt=nt,bearing Edison file record as R/W File No. 04-77-003-CH, to rent a portion of the Bolsa Substation Site for the storage of street sweepings will end its three year term on February 29, 1980, and an extension agreement for an additional three yeas has been prepared, RECJMMENDATION Approve the extension of the License Agreement, and authorize the Mayor and City Clerk to execute thu extension. ANALYSIS The Street Maintenance Division of Public Works utilize this site which is located on the West side of Graham North of Edinger as a temporary dumping area for the street sweepers to dispose of their material pickups, and the p31es are picked up on a weekly basis for tr.::h- +er to to the Orange County dump. The City overall development has reduced the possible locations, and loss of one would increase departmental costs of operat-ion due to travel time to more distant socatiuns. The rate for the license agreement to utilize Lhis site is $191 for the first year, $217 for the: second, and $248 for the third; and these amounts are very nominal for annual rental, of an area of three quarters of an acre. FINDING SOURCE 9 Funding for this license is from the operational accounts of the Street Maintenance Division. P10 3110 s 'ty of Huntington Beach a P.O. Box 190 CALIFORNIA 92648 r'y ENGINEERING DEPARTMENT May 20, 1977 Southern California Edison Company P.O. Boer 410 Long Beach, California 90801 Subject: Site Lease Bolsa Chica Substation - Your File #04-77-003 Attention: Mr. A.B. Peacock Gentlemen: Please find enclosed the original licen:!e agreement dated March 4, 1977 - which agreement was approved by the City Council of Hunt- ington Beach. on May 16, 1977. Also, enclosed is a copy of the minute action for your records. The lease payment is now being processed and will be transmitted shortly. Very Truly yours, � Donald W. Kiser, Division Engineer DWK:ajo vc: Bill Compton City Clerk File wa u � City of Huntington ea � P.O. sax isa C A 7;ro�M►�a�sa� ENGINEERING DEPARTMENT May 9. 1977 ,,sn"� i> Honorable Mayor S�f and City Council City of Huntington Beach Attention: Floyd G. Belsito City Administrator Subject. License Agreement with Edison Company Dear Council Members: There is a constant problem of finding a spot to temporarily place streeL sweepings. Our normal procedure is to place street sweepings in a central location of a sweeping area and after an accumulation of same, for a period up to a week, the material is hauled to a dump site. la the past it has been possible to find such locations in a relatively sparsely occupieu area. However, such locations are virtually impossible to find at this time. We have reached an agreement with the Edison Company to lease from them a site on the north side of the Bolsa substation which is located on the west side of Graham north of Edinger. The license agreement is in the amount of $134 for t-ie first year, $150 for the second year, and $168 for the third year o'-' the total license term. The license agreement is transmitted herewith and it is recommended that the City Council approve said license and a}.athorize the Mayor and. City Clerk to execute same. Very truly yo-ar.s, H. E. 'art e" g Director of 'Public Works HBH.ae Trans. 1. Southern California Edison Company 1917'. MAGNOLIA AVENUE HUNTtNGTON BEACH CALYFORNIA 92646 H.W COMPTON April 22, 1977 ­GTON BEAC.1 City of Hurt-ogton Beach P. 0. Box 130 Huntington Beach, Ca. 9Z648 Gentlemen: SUBJECT: Bolsa Substation Site Material Storage License File No. 04-77-003 The enclosed License has been prcpared at your request. It has beet, executed on behalf of the Southern California Edison Company. The original is for your records. Please sign the File Copy in � the space provided, and return it promptly to us. If you have any questions concerning the License, please feel free to call me at the following number (714) 835-3833, Very truly yours, y H. W. Compton, Manager Huntington Beach HWlC:i mr Enclosures Ar MAM - �. . . RENEWAL OF LICENSE R/W File No. 04-77-003 CN IT I;:; MUTUALLY AGREED that the License entered into on March 4, 1977 between SOUTHERN CALIFORNIA EDISON COMPANY, a. corporation, as Licensor, and CITY OF HUNTINGTON BEECH, as Licensee, covering that certain real property in the kounty of Orange, State of California, and being the parcel delineated by hatch marks on the print attached to the original Licenser and by this reference made a part hereof. Said License is hereby renewed and extended for the further term beginning on March 1, 1.980 and ending on February 29, 198S unless sooner terminated, as provided for in said License. The Licensee agrees to pay to the Licensor therefore as follows: The s�im of One Hundred Ninety-One and no/100 ($191.00) Dollars upon the execution and delivery of this license for the first year, Two Hundred Seventeen and no/100 ($217.00) Dollars for the second year, and Two Hundred Forty-right and no/100 ($248.00) Dollars fcr the third year of said license term, payable annually in advance on the 1st day March of each succeeding year of said License term. Except as otherwise herein provided, it is mutually understood and agreed that all the terms, covenants and conditions of said License shall be and remain in full force and effect, The License herein referred to is not assignable. DATED as of December 12, 1979. Serial No. 51130A SOUTHERN CALIFORNIA EDTSON C :PANY Licensor By C. J. Zowe icon, Jr_. Manager Right of Way and Land CITY OF HUNTINGTON 'BEACH Licensee _ B y AA. _Y, Post Office Bozo 190 Huntington Beach_, Californ-iya9264b Address 47 CityCek APPROVED AS TO FORM At�_ . 9 tel—1, GAIL HU1'TON City Alt rrwy iyCrs •'W♦1i H6W };t4 ii6MRIg6• �/1.Y� ��� SIT AL "710 CIA o IA* ;. o ,PARCEL j z i p�! crc i 1 lo0 B 0 LSA SUB SITE , a -a l '^ c :. Sk GaR .,.:"C L a.vas DESCR idF a Lff c .t_ N5 'f D CITY Dr= NUtVTi i lr ,4rH J.o. M.5. ql 69 M�4P h'G9tG.*/1V 5 LOCAT IGIY OF G�s Nth Tj.ps pRINr Is FOR INFORMATirsTNAL.pLTR-OsES ONLY 'ArSCRIaEP 1#1/C !"SSE ro G'li Y or •+,N,)SHOULD r407 6 ,MAL k:k r^l, �Ie r.r,t ar sIR M r+T gtjN.:it0'.fk ron 8,--AC i{ 10, & AS 9�•s sa sew o,+n F I Ii1S ACtREEMENT, trade and entered imm,)as of the ,4tli day at .-ildrCh 14 77- ,1ty and between SOUTHERN CALIFORNIA BDISON COMPANY,a corporation organized tinder the 1-5 of the State of California,party of the first part.hereinafter called the"Licensor, + ---------------------- -_---___ --_--_.,_ _ ------ _-_ _ _ - part _.3L_ of the second part,hereinafter called the"Licensee," � WITNESSETH: That,the Licensor, for and in consideration of the faithful performance by the Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by the Licensee, does hereby give to the Licensee the license to use that certain real property hereinafter described, for the term of theme('3 year, , commencing on the _ 15t . day of___ Marc 19 77 , and ending on the -9th day of'RP ruary--- , 19._$t`.L , unless sooner terminated as herein provided,solely for the purposes hereinafter specified,upon and subject to the reservations,terms,covenant.and conditions hereinafter set forth. The real property hereinabove referred to is located in the City of Huntington Bea ,County of rjr-P ,gP State of Califurn"i,and is described as follows: Parcel 1: The West 68.00 feet of the North 100.00 feet of the South 480.00 feet of the Southeast quarter of Section 16, Township 5 South, Range 11 West, in the Rancho La Bolsa Chica, as per map recorded in Book 51, page 13 of Miscellaneous Maps, in the office of the County _ Recorder of said County. =. f Parcel The North 100.00 feet of the East 266.00 feet of the South 480,00 feet of the East half of the Southwest quarter of Section 16, Township 5 South, Range 11 West, in the Rancho La Bolsa Chica, as per map recorded in Book 51, page 13 of Miscellaneous Maps, in the office `t of the County Recorder of said County. This license is granted SUBJECT TO the following: "= 1. Easement in favor of thR City of Huntington Beach for road purposes l per O.R 6678, page 922. 0 2. Qgre^ment for streets and severs in favor of the City of Huntington Beach per O.R. 77,60, page 569, 3. Easement for storm drains in favor of the City of Huntington. Beach per O.R. 10275, page 419. 1. The Licensee agrees to pad to the Licensor the ruin of —Qne�_dret3 r.ty T 1 _,our. ?335�_�1Q��0 Dollars upon the execution and delivery of this lic^ r of nse, for f Lrst yea said licensg, One Hundred Fifty and iio/100 $150.04} Dollars for the second year, and One Hundred Sixty-Eight and noj100 ($168.00) Dollars for the third year of said license terms payable annually in advance Qr the lst day of March of each succeedin_g�y_ea of._sai.d "License term. X X All pay.rents subsequent to the initial payment should be paid to the Southern California Edison Cetnpzny,Post Office Box 600,Rosemead,California 91771,Attention:Comptroller's Department•-Accounts Receivable. 2. The Lice-seee agrees to use the aboyr;descri')ed premises for material storage -.- -z =.----- --------__• . . ., __ . _ .__. ..- .__-_ _.-. - purposrsonly, ,IV= Rr X4 asv NITA ORIGINAL ": i It C IA 2L6� 6B r Pf1RC EL 7- �'�Rc�Lf t � 4 i "D SITE old 2t `a'l4V i //-✓CER (5mECr7E���vr:'1� /9VIE 'a Sk cog �ti�Ct L AA1rS DES ? 18E D 1N L I CENS 1: o. M.S. L� St1 s' o THis PRINT 1S rOR t�� �".�.. � PURPO9 :�ONLY t'9.4? ,iWW1N6 4044 T1o/Y Of L�A IVD ti .,.n prafl SjjQU a NOT b�-'MAVt� A i-A ir Of ANY(NSTRL MVNT I;WSCRIXE-O 7-V Cj r)e 0,1 S 14. S ll�a 5mhgrrr Califmivi Edison Coy ipany NEW 2► 1-he term "Licensee" whenever used in this instrument shall be construed to include the plural as well as the ,ing-ilar nu-mber, and the words"lie," "his" or"him"wherever used in this instrument shall be construed to include also the iennnmt ur neuter gender as the case may be. in the event that the Licensee herein embraces two or more persons or corporations all the covenants and agreements of the Licensee herein shall be the joint anti several Covenants and agreements of such persons or corporations. 24. Licensee agrees to keep parkway and sidewalk areas edjacent to said licensed areas free of weeds and trash. Licensee further agrees to maintain said parkways in a manner that is compatible with the adjoining properties and/or in a manner satisfactory to Licensor. 25. Licensee further agrees to provide landscaping and fencing in accordance with standards M be provided by Licensor. 26. it is expressly understood by all parties to this Agreement that Licensee takes tl.a premises as is,and that Licensor makes no representation,covenant,warranty or promise that the said premises are fit for any particular ose,including the use for which this Agreement was entered into. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY By Manager, Right of Way and Land Dept. By Licensor 11TY�0 HUNT I CH APPROVED A5 TO FORM t, r� D01 . CO!r / City Attorney ATTEST: City Clerk Licenrce a Address P. 0• $ox 190 Huntington Beach, CA. 92646 -Iw r r i } 0 I` The Licensee agrees that lie will not construct or allow to be :onstructe.,placed or maintained on said property, ,uiy sign, signboarl or other form of outdoor advertising without prior written approval of Licensor, and in the event of a violation of this provision by the Licensee or any one clauning under the Licensee.the Licensor shall have the right to enter upon said property and remove any such sign,signboard or other outdoor advertising,and to charge the cost and expense of any such removal to the Licensee who agrees to pay the same on demand, 13. The Licensee agrees that any and all irrigation pipelines and appurtenances,as well as any and all welt putnping. equipment and other structures,buildings,fixtures and personal property,located on the above described real property at the commencement of Licensee's occupancy thereof, are the property of the Licensor and shall rt;main upon and be surrendered with the premises upon the termination of this License or any renewal or extension thereof,in consideration of the privilege of using the same,the Licensee agrees to maintain,operate, repair and replace if necessary,at his sole cost and expense,any and all of said irrigation pipelines and appurtenances and well pumping equipment,during the continuance of this license. Any and ail well pumping equipment placed on the premises by the Licensee, the installation of which is made with the corsert of the Licensor and for which a rent adjustment is made,and any and all irrigation pipelines and appurtenances and well pumpirg equipment installed by the Licensee to replace equipment located on said premise,nt the time the Licensee entered into possession thereof,shall thereupon be and become the property of the Licensor and shall remain upon and be surrendered with the premises upon the termination of this License or any --newal or extension thereof,The Licensee agrees that he will promptly deliver to the Licensor a good and sufficient bill of sale for any and all such irrigation pipelines and appurtenances and well pumping equipment installed on said premises,at the time the same is installed.The Licensee further agrees that no such replacement pipelines or well pumping equipment shall be purchased by him on other that,a cash basis. 14. The Licensor shall have the right,at its option, to fence said property, or :ny portion thereof, in which event it shall provide one or more suitable gates to afford the Licensee access to and egress from the aforesaid premises. 15. The Licensee shall not install, operate or maintain or cause or permit to be installed,operated or maintained any electneally charged fence on the said premises. Should the Licensee desire to install any fence on said premises,he shall obtain the prior written approval of Licensor thereto. 16. it is further agreed that ilia 1 icensor may,if it so elects, terminate this license at any time prior to the expiration of the term thereof by giving thirty(30)days'previous notice in writing for that purpose to the Licensee,by personal service of such notice or by depositnig the same, enclosed in an envelope,in the post office,directed to the Licensee,and upon the expiration of said thirty(30)days this license shall wholly cease and terminate. In addition to the foregoing and in pursuance of the provisions of General Order No. 69-B of the Public Utilities Commission of the State of California hereinabove referred to, this license is made condit,onal upon the right of the Licensor,either upon order of said Commission or upon Licensor's own motion to commence or resume the use of the above described property at any time,whenever,in the interests of Licensor'%service to its patrons or consumers,it shall appear necessary or desirable so to do. It is hereby expressly understood and agreed that the Licensor, its successors or assigns, shall have (lie right to terminate this license as in this paragraph provided, without the payment of any compensation or damages whatix„ircr for destruction or or damage to crops or other property on the above described I-ind,resulting frorn the exercise of said right of termination and re-ere v upon said land, 17, The Licensee shall have the right to terminate this license and surrender said premises to the Licensor prior to the expiration of this license by giving to said Licensor thirty 00)days' previous notice in writing for Ciat purpose, provided, however. that the Licensee shall, within said period of time, perform all the obligations of this license on his part to be performed up to the time of such termination, i 18. No termination or cancellation hereof shall release the Licensee from any liability or obligation (whether of mdeinmty or otherwise) which may have attached or accrued previous to or which may be accruing at the time of such termination 3r cancellation. I Q. It is further agreed that if the Licensee shall retain possession of said premises beyond said term,or any renewal or extension thereof', with the consent, express or implied, of the licensor, such holding over may be terminated by the Licensor at any time by giving to the Licensee thirty (30) days'previous notice in writing for that purpose, and shall be subject otherwise to all of the terms,covenants and conditions of this License,and the Licensee shall pay for such license during any such holding over,at the rate specified in paragraph 1.hereof. 10 Licensee agrees to pay all costs and expense., including reasonable attorneys' fees, of any action commenced by the Licensor to enforce the covenants and condition_ of this license to be kept or performed by the Licensee whether such action progresses to Judgment or riot. 21 If the Licensee shall make default in the performance of any agreement by Mill required to be performed,said I icensor may, without notice or demand, enter upon said premises and terminate this license and remove all persons and property therefrom, and all improvements made thereon and all moneys theretofore paid by the Licensee to the Licensor shall be forfeited as liquidated damages, without prejudice to any remedy which might otherwise be resorted to or used for any preceding breach of any agreement set forth in this instrument. 2'. Upon the termination of this license by the expiration of the term thereof or otherwise the Licensee agrees to peaceably quit and surrender the premises to flee Licensor in good order and condition Any and aft property of whatsoever kind or chara,ter remaining upon the above described land upon the expiration or sooner termination of this License shall thereupon be and become the property of the Licensor,but this shall not prevent the Licensor from requiring the Licensee to rerauvc, at Licensee's expense,any atid all property placed upon said land by the Licensee, which the licensor may desire removed from said land. r .a } • 'tMNT OF THE ACTION OF THE CITY COUNCIL Council Chamber, City Ha11 Huntington Beach, California r Mayor PattinE.�n �call,d the regular msetiny of Chu Cily COUIR iI of the City of Huntington Beach to order at 7%30 P.M. Present: Bartlett, Coen, Gibbs, Siebert, Pattinson (Shenkman arrived 8.45 P61) Absent: Wieder 9t#tf#Rk#kA#kA�YfR*fA*AR*R#AAt*kA!}k*RRff RRRkRft*Rt**f RfRtf Akff RtAYtAfR Aft4.ff fR#k#R*!tf CONSENT CALENDAR - ITEMS APPROVED On motion by Bartlett, second Gibbs, the following items were approved by the following roll call votes AYES: Bartlett Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: SherLkman, Wieder }tt*#ff}*}}**kftt*f**tRkRtftAf*kRAAp#Qpt#!*Rft**RfAtt*:}AR k4fR##4f#RktRtRtf Rtr`fi**A#f**tAt LICENSE AGRM-:ENT WITH EDISON COMPANY - Approved and authorized execution of an agreement to lease a site on the north side of Bolsa Chiaa substation, located on the west -side of Graham north of Edinger, a tota� license terns of 3 years - lot year $134, 2nd year $150, ar.d 3rd year $168, for the purpose of the use of the area as a dung site for street sweep- ings. Rf ftff*tfpAi*pf*tRIR*pRf*Rft*t*#f AAR1ftAAtMR**fpptpff*p*#*AR#'AR#C€#Af1klffAt RAt Rf pl!}# On motion by Pattinson. second Bartlett the regular meeting of the City Council of the City of Huntington Beach adjourned at 12s45 A.N. to Mcnday, May 23, 1977 at 6:00 P.M. in the B-8, Civic Center 377M.�C7N'i %XktYxx }YKS�iX96t92fyC?t1t1t5t3fX Motion carried unanimously. AYES- NOES: ABSENTr Alicia M. Wentu.orth City Clark and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth Ronald P.. Pattinson City Clerk Mayisr STATE Of CALIFORNIA Count} of Orange ; SS, City of Huntington Beach) 1, ALICIA K. WENTNORTii, the duly elected and qualified City Clark of the City of Huntington Deach, Calif'o.nia, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of .said City at their. zogular Council w-tting held on the 16th clay of— May , 19 77. WITNESS my hand and seal of the said City of Huntington Beach this; the 1701 clay of 1� 77 . Allr1a N. Wentwoxth _ City Clerk and ox-off'icio Clat k of thh City Council of the City 04 Hunt�n Beach, rAlifarnla BX -r,+/, D+sputy