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HomeMy WebLinkAboutSCE - Southern California Edison - 1994-03-21 (6) REQUEST FOR CITY' COUNCIL ACTION Date March 21, 1994 The Honorable Mayor and City Council Submitted to: DROVED BY CITY COUNCIL Michael Uberuaga, City Administrato Submitted by: Prepared by: Ron Hagan, Director, Community Service 9, c,m_. J , C CLE1 Subject: PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR EDISON COMMUNITY PARK Consistent with Council Policy? )XYes [ ] New Policy or Exception Statement of Issue, Recommendation,` Analysis, Funding Source, Alternative Actions, Attachments: 1 / STATEMENT OF ISSUE The three-year license agreement with Southern California Edison Company for rental of 8.16 acres of Edison right-of-way for neighborhood park purposes (Edison Community Park) expired October 31, 1993. RECOMMENDATION Approve the license agreement with Southern California Edison Company to utilize 8.16 acres of Edison easement property at Edison Community 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 November 1, 1971, to utilize 8.16 acres of Edison property at Magnolia Street and Hamilton Avenue as part of Edison Community Park. 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, $816 per year. ATTACHMENT License Agreement Location Map RH:cs DIA C/DG '( -72_2, I - C ,Y,,,,, , • r REQUEST FOR CITY' ••COUNCIL ACTION Date March 21, 1994 The Honorable Mayor and City Council Submitted to: VED BY CITY COUNCIL Michael Uberuaga, City Administrato L� Submitted by: Prepared by: Ron Hagan, Director, Community Service �q.;;- 9... clam, crry CLE i Subject: PARK LICENSE AGREEMENT WITH SOUTHERNCALIFORNIA4 EDISON COMPANY FOR EDISON COMMUNITY PARK Consistent with Council Policy? )Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: 7/ STATEMENT OF ISSUE The three-year license agreement with Southern California Edison Company for rental of 8.16 acres of Edison right-of-way for neighborhood park purposes (Edison Community Park) expired October 31, 1993. RECOMMENDATION Approve the license agreement with Southern California Edison Company to utilize 8.16 acres of Edison easement property at Edison Community 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 November 1, 1971, to utilize 8.16 acres of Edison property at Magnolia Street and Hamilton Avenue as part of Edison Community Park. 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, $816 per year. ATTACHMENT License Agreement Location Map RH:cs '1J . e CITY OF HUNTINGTON BEACH RP File No. P71S049-1-33 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. NOTICES 35. RECORDING 36. COMPLETE AGREEMENT ADDENDUM PARK USE FIEF CaTi - � U RP File No. P71S049-1-33 LICENSE AGREEMENT THIS AGREEMENT, made as of the 21 s t day of March , 19 94 , 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. Thatproperty located in the City of Huntington Beach, County of Orange County, State of California, further described as follows: The South 230 feet of the Southeast quarter of the Northeast quarter and the South 230 feet of the East 680 feet of the South half of the Southwest quarter of the Northeast quarter, all in Section 13. Township 6 South, Range 11 West, in the Rancho Las Bolsas. SUBJECT TO: Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record. a. That certain right of way for pipelines and incidental purposes in favor of Standard Oil Company and Standard Gasoline Company by instrument recorded November 18, 1954, in Book 2873, page 46, of Official Records, in the Office of the County Recorder of said County. b. That certain License for water pipeline purposes, as granted to the City of Huntington Beach, by instrument dated April 21, 1964. - c. Road easement in favor of the City of Huntington Beach, by instrument recorded January 22, 1973, in Book 10523, page 901, of Official records. 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 November, 1993 and ending on the last day of October, 1998. 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. -1- • 3. Consideration: Licensee will pay to Licensor the sum of Eight Hundred Sixteen and 00/100 Dollars ($816.00) upon the execution and delivery of this Agreement for the first year; Eight Hundred Sixteen and 00/100 Dollars ($816.00) for the second year; Eight Hundred Sixteen and 00/100 Dollars ($816.00) for the third year; Eight Hundred Sixteen and 00/100 Dollars ($816.00) for the fourth year, and Eight Hundred Sixteen and 00/100 Dollars ($816.00) for the fifth year of the Agreement term, payable annually in advance on the first day of November 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. 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, 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. -2- 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. 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 Landscaning: 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. -3- 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 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. • -4- 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. (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. -5- 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. 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 2000 Main Street Parks and recreation Huntington Beach, CA 92648 Business Telephone No. (714) 536-5292 Licensee will immediately notify Licensor of any address change. 35. Recording: Licensee will not record this Agreement. 36. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any addendums and exhibits attached hereto constitute the entire Agreement between the parties. • • -6 • - • IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed in duplicate as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY By ,x+`-,'1P: 0%TB LICENSOR ty• ,Y,;.TE A.E. KNUDSEN 1, �* -.. Regional Manager �v' Land Services Division :h Real Properties and Administrative Services e ' - CITY OF HUNTINGTON BEACH By MAYOR LICENSEE ATTEE.T: - APPROVED AS TO FORM: • CityClerk �xz4 0144, ci Attorney , /q/PI RE D AND APPROVE : REVIE AN ' PPROVED: ity Admins rator Dir to o Community Services • • -7- M1 r 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 . -8- s g'' CITY OF HUNTINGTON BEACH `� 2000 MAIN STREET CALIFORNIA 92648 RISK MANAGEMENT DIVISION (714) 536-5990 Certificate Number: 94-004 Date Issued: 3/8/94 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 . oster, Risk Manager ATTEST: APPROVED AS TO FORM: ,Liz--6,0,.y,4 Connie Brockway, City Clerk Gail Hutton, City AYairn?yk Purpose for certificate issuance: This form is provided to the Southern Calif. Edison Company, 500 N. State College, Orange, CA in connection with the Park License Agreement #P71SO49-1-33. 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 AB - • 1 1 R,dA/CNO L.4S 5 oZ SAS S . •. 1701 T. S,EC. /3� T. G S. R. // LV, S. 0. /V/ . • • I /W.. /1, �'/-/0 60 • • (...\ . Por/ SW dof• gE 4 I 0.E 4. of A/,E' C • • t .• -. ' • nafe.- P%pe Lii,e _ l I 1 �_ 1 1 I /�'.4/Pia Tp N . AVE". i SI N. • • N. I • Q b I • S. C. E. Co 's R/vv des cc/be a' In • •E I. cense fo Ci& of Nur>/ti79fon • • . • P.I.D. NO. 5012004 • • DWG. 1I0. • 556827, . • • . i - •- — — =16 Foot Access Road . . . • 1 ;R/M.'FI „;,NO::; i I- / 004 `I-333 .- J. O. • M. S. 41- 9 O ,y I ~g' v 7-vi &row/- f1E,i CA/- EL c/s �"//_/CEn/.5':'O. ;rb TA•E. C.ry-'CV" • , .. 'Al1 7/iv. •TOn/ '.Q•,C•,QC,-;" '4.;'-•+ Qru?/1QC Co c.e nYz,,,J _ • ///• _ /"/ rr.n /1.4.'./7./..--li A S017THrf,N CALIFORNIA CD1'_"ON CO. • itcrazit ifgmw S gthern California Edison Company • _ s�lt� 1-i ,i! °ilia - - 500 NORTH STATE COLLEGE - • SUITE 750 _ - _ ---nNEY - ' �' ORANGE,CALIFORNIA 92668-9605 - - -. - SOUTHERN REGION• -.• x,C` TELEPHONE LAND SERVICES DIVISIOI.�y l y jt . I'. • ' - •- - - (714)939-4791 REAL PROPERTIES AND - FACSIMILE - ADMINISTRATIVE SERVICES (714)939-4772 City of Huntington Beach January 21, 1994 City Attorney Office 2000 Main Street Huntington Beach, CA 92648 Attention: Mr. J. Barron SUBJECT: License Agreement Huntington Beach-Ellis 220KV T/L - Our File No.P71S049-1-33 The enclosed Agreement has been prepared at your request. It has been executed on behalf of the Southern California Edison Company. Note your File/Account Number(see above). Please use this number in all correspondence regarding your License. The copy marked "Licensee's Copy" is for your records. Please sign the copy marked "File Copy", and return it promptly to us in the enclosed envelope.. Per your request, revisions were made to Item No. 4"Liability Insurance" and Item No. 26 • "Indemnification". Please enclose your check in the amount of$816.00 for the first year's rent as soon as possible. Please note that your liense term started in November of last year. Subsequent years will be billed directly by our Financial Accounting Department. This Agreement is not valid until we have received your check in the above amount. If you have any questions concerning this Agreement, please call me at (714) 939-4728. Sincerely, A. J. APARICIO Real Properties Agent AJA/js Copy to Comm. Services w/Agreement on S/7/�'V 714 n CITY OF HUNTINGTON BEACH 641 �1 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 22, 1994 A. J. Aparicio, Real, Properties Agent Southern California Edison Company 500 North State College, Suite 750 Orange, CA 92668-9605 RE: File No. P71S049-1-33 The City Council of the City of Huntington Beach at the regular meeting held Monday, March 21, 1994, approved a five year license agreement with Southern California Edison Company for rental of .8.16 acres of Edison right-of-way for neighborhood park purposes. Enclosed is an original executed copy of the agreement. (;:;7:02Ce.,' Zodti Connie Brockway City Clerk CB:bt Enc. (Telephone:714-536-5227)